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01-23-2018 Complete AgendaS P E C IAL C IT Y C O U N C IL W O R K SESSIO N R IC H F IE L D MU N IC IPAL C EN TER, B AR T H O L O ME W R O O M J AN U ARY 23, 2018 5:45 P M C all to order 1.D iscussion of solar options. 2.D iscussion of organics collection. A djournment 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 January 18, 2017 Council Memorandum No. 8 The Honorable Mayor and Members of the City Council Subject: January 23, 2018 City Council Work Session Council Members: The following items will be discussed at the January 23, 2018 work session. Alternative Energy Options The preliminary research on the opportunities for energy conservation, sustainability, and efficiency within Richfield has been completed. Staff will prese nt the findings of the research and will look for direction on next steps. This topic is rescheduled from the November 14, 2017 Work Session. Please contact Kristin Asher, Public Works Director, with questions. Organics Collection Staff will be presenting recommendations to establish organics collection in Richfield . A representative from the Richfield League of Women Voters will be joining staff in the study session presentation as with a number of interested citizens. Please contact Jim Topitzhofer, Recreation Services Director, with questions. Respectfully submitted, Steven L. Devich City Manager SLD:jjv Email: Assistant City Manager Department Directors R EG U LAR C IT Y C O U N C IL ME E TIN G R IC H F IE L D MU N IC IPAL C EN TER, C O U N C IL C H AMB E R S J AN U ARY 23, 2018 7:00 P M IN TR O D U C TO RY P R O C E E D IN G S C all to order Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. P ledge of A llegiance A pproval of the mi nutes of the: (1) S pecial C ity C ouncil work session of January 9, 2018; (2) S pecial C ity C ouncil, Housing and Redevelopment A uthority, and P lanni ng C ommission work session of J anuary 9, 2018; (3) Regular C ity C ouncil meeting of J anuary 9, 2018; and (4) S peci al C ity C ouncil work session of J anuary 13, 2018. P R E S E N TATIO N S 1.P resentation of the Officer of the Year 2017 Award to Richfield P olice Officer Ni cholas S chipp 2.F riends of the Richfield B and S hell drawi ng for a legacy brick at the new band shell C O U N C IL D IS C U S S IO N 3.Hats Off to Hometown Hits AG E N D A AP P R O VAL 4.A pproval of the A genda 5.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one motion. Once the C onsent 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 C ouncil discussion and action. All items listed on the C onsent C alendar are recommended for approval. A .C onsi deration of the approval of a resoluti on supporting nominations for the Minnesota D epartment of Transportation's C orridors of C ommerce program solicitation. S taff Report No. 18 B .C onsi deration of the approval to authori ze staff to hire Hoisington K oegler Group, Inc. to complete remai ni ng work for the 2018 C omprehensive P lan update. S taff Report No. 19 C .C onsi deration of the authorization of the C ity Manager to execute a si te lease agreement with New C ingular Wireless P C S , L L C (AT&T Mobility C orporation) for antenna space on P enn Avenue water tower. S taff Report No. 20 D .C onsi deration of the approval of a resoluti on clarifying the repayment schedule for the assessment for removal of diseased trees from private property for work ordered in 2016. S taff Report No. 21 6.C onsideration of items, if any, removed from C onsent C alendar PR O P O S E D O R D IN AN C ES 7.C onsideration of a variety of land use approvals related to a proposal for construction of a new auto dealership at 1550 78th S treet E ast. S taff Report No. 22 R E S O L U T IO N S 8.C onsideration of the approval of a resolution pertaining to filing of the P ay E qui ty Report with the Minnesota Management and B udget D epartment and the approval of a resolution approving the revised 2018 General S ervices C ompensation P lan to reflect the elimi nation of a step in the G S 1 through GS 6E pay grades. S taff Report No. 23 O T H E R B U SIN E S S 9.C onsideration of: 1. A pproval of the final plans and speci fi cations for the 66th S treet S treetscapi ng P roject (C P 41009); and 2. A uthorizi ng staff to advertise for bids. S taff Report No. 24 10.D iscussi on regarding C ity C ouncil attendance at the 2018 National L eague of C i ti es (NL C ) C onferences. S taff Report No. 25 11.C onsideration of designating representati ves to serve as the 2018 liaisons to various metropolitan agencies and C ity commi ssi ons. S taff Report No. 26 12.C onsideration of appointments to C ity advi sory commissions. S taff Report No. 27 C IT Y MAN AG E R ’S R E P O R T 13.C ity Manager's Report C L AIMS AN D PAYR O LL S 14.C laims and P ayrolls Open forum (15 mi nutes maximum) E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address the C ouncil must have registered prior to the meeting. 15.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session January 9, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:00 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann (arrived at 6:02 p.m.). Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Jeff Pearson, City Engineer; Jack Broz, Transportation Engineer; and Jared Voto, Executive Aide/Analyst. Item #1 LYNDALE AVENUE RECONSTRUCTION UPDATE Public Works Director Asher introduced the topic to the Councilmembers and commented that this isn’t as easy as doing what was done on Portland Avenue and wanted to share what has been heard at open houses. Transportation Engineer Broz presented the plans and policies the guide the project; the project goals as adapted from the City’s guiding principles; discussed the public outreach to date of two open houses, two transportation commission meetings, and a meeting at City Bella, and what was heard of pedestrian, bicyclist’s, motorist’s, and general concerns for Lyndale Avenue. Taking these concerns, Mr. Broz presented design considerations to address the issues raised. Mr. Broz discussed that a “community problem statement” was created and goals to address safety in design through the consideration of speed, reduction of crash severity, and reallocate space. Mr. Broz then discussed safety tools, with benefits and tradeoffs, of a 3-lane section, reducing conflict points, roundabouts, and compact roundabouts, and access management. Lastly, Mr. Broz presented the next steps including two additional open houses, a business open house, and three transportation committee meetings. Mayor Elliott commented on the aspect of safety versus accessibility to neighborhoods and wanted to ensure efforts to reach out to people early in the process who may be directly impacted by the project. Councilmember Regan Gonzalez commented on community outreach events at existing events, such as the co-op, churches, and school, in order to get a wider variety of feedback. Councilmember Howard commented to be deliberate in our approach to designing Lyndale Avenue, and although it cannot be Portland Avenue, that can be used as a model. Councilmember Trautmann asked about severity of crashes at Lyndale and Lake Shore Drive. City Engineer Pearson responded and stated he would email actual data to the Council. Special Council Work Session Minutes -2- January 9, 2018 ADJOURNMENT The work session was adjourned by unanimous consent at 6:29 p.m. Date Approved: January 23, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special Joint City Council, Housing and Redevelopment Authority, and Planning Commission Work Session January 9, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 6:30 p.m. in the Bartholomew Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. HRA Members Pat Elliott; Michael Howard; Sue Sandahl; and Erin Vrieze Daniels. Present: HRA Members Mary Supple, Chair. Absent: PC Members Sean Hayford Oleary, Chair; Allysen Hoberg; and Dan Kitzberger. Present: PC Members Bryan Pynn; Susan Rosenberg; and Gordon Vizecky. Absent: Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Melissa Poehlman, Planning & Redevelopment Manager/Assistant CD Director; and Jared Voto, Executive Aide/Analyst. Item #1 POTENTIAL REDEVELOPMENT OF HRA LOTS AT 1405 AND 1407 - 66TH STREET EAST BY THERAPY OF CHAMPIONS Community Development Director Stark introduced the topic and welcomed the business owner and development partner. Jimmy Loyd, Development Manager for Thor Development, introduced members of Thor Development: Taylor Cooper, Design Associate, and Damaris Hollingsworth, Vice President of Design. Mr. Loyd also introduced Otis Smallwood, co-owner of Therapy of Champions. Mr. Smallwood provided background on how their business was started, what they do and their plans for the future, and shared his positive experiences with neighbors of his business and why he is interested in expanding in Richfield. Ms. Hollingsworth presented the development proposal with two design options. She discussed they were looking at a modern/contemporary design using metal, wood, and glass, as opposed to brick. Special joint Council, HRA, & PC Work Session Minutes -2- January 9, 2018 Councilmembers and commissioners shared their comments on the proposals and overall stated positive comments for the designs shown, some indicating they preferred Option 2. Councilmembers and commissioners commented on liking the step down of the buildings; appreciated the thought for the residential neighborhood behind the proposed development; liked the different building heights and appreciated a local business coming into the community and expanding; appreciated the vision for the space and the entire block; and thought the project aligned with the City’s slogan of an “Urban Hometown”. Director Stark closed the work session by briefly outlining the next steps moving forward with the project as a dual path with the City Council and HRA. ADJOURNMENT The work session was adjourned by unanimous consent at 6:58 p.m. Date Approved: January 23, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Councilmembers Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Kristin Asher, Public Works Director; Jay Henthorne, Public Safety Director/Police Chief; John Stark, Community Development Director; Melissa Poehlman, Planning & Redevelopment Manager/Assistant CD Director; Chris Regis, Finance Manager; and Jared Voto, Executive Aide/Analyst. OPEN FORUM Heidi Smith, 6521 15th Avenue S, spoke regarding questions about a potential home being built by Endres Custom Homes at 6525 15th Avenue S. Christine Maleck, 7620 2nd Avenue S, spoke in support of approving the Morrie’s Auto Group proposal. Anne Schultz, President of the Richfield Chamber of Commerce, 2 Meridian Crossing, spoke in support of approving the Morrie’s Auto Group proposal. Aaron Lissarrague, Chair of the Richfield Chamber of Commerce, 309 Apple Lane, spoke in support of approving the Morrie’s Auto Group proposal. David Lefler, 6839 Clinton Avenue, spoke in support of approving the Morrie’s Auto Group proposal. Scott Verbout, 6721 Lynwood Boulevard, spoke in support of approving the Morrie’s Auto Group proposal. Joseph Souza, 7008 Oliver Avenue S, spoke in support of approving the Morrie’s Auto Group proposal. Shannon Souza, 7008 Oliver Avenue S, spoke in support of approving the Morrie’s Auto Group proposal. PLEDGE OF ALLEGIANCE CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting January 9, 2018 Council Meeting Minutes -2- January 9, 2018 Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Howard, S/Garcia to approve the minutes of the: (1) Special City Council work session of December 12, 2017; (2) Regular City Council meeting of December 12, 2017; and (3) Special joint City Council and School Board of Education (ISD No. 280) work session of December 18, 2017. Motion carried 5-0. Item #1 COUNCIL DISCUSSION  Hats Off to Hometown Hits Councilmember Garcia spoke regarding the passing of Vernon Luettinger and his involvement in Richfield and offered condolences to his family. She also spoke about the January 18 Public Works open house regarding the 77th Street Underpass. Councilmember Trautmann spoke regarding the recent fires in Richfield and thanked the firefighters. Councilmember Regan Gonzalez spoke regarding the fire at Seasons Park apartments and thanked the community for coming together to support the family. She also spoke about the Kids @ Home program being open for applications. Councilmember Howard thanked the firefighters and community; the Kids @ Home program; and the 74 ducks City staff rescued in 2017. Mayor Elliott spoke regarding the recent community discussion about the tax levy as it related to the City’s levy and Economic Development Authority’s levy being combined on the tax statement. Item #2 APPROVAL OF THE AGENDA M/Garcia, S/Howard to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR City Manager Devich presented the consent calendar. A. Consideration of the approval of resolutions designating official depositories for the City of Richfield for 2018, including the approval of collateral. (S.R. No. 1) RESOLUTION NO. 11460 Council Meeting Minutes -3- January 9, 2018 RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2018 RESOLUTION NO. 11461 RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2018 RESOLUTION NO. 11462 RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2018 These resolution appear as Resolution No. 11460, 11461, and 11462. B. Consideration of the approval of a resolution authorizing the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. (S.R. No. 2) RESOLUTION NO. 11463 RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2018 This resolution appears as Resolution No. 11463. C. Consideration of the approval of a resolution designating an official newspaper for 2018. (S.R. No. 3) RESOLUTION NO. 11464 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2018 This resolution appears as Resolution No. 11464. D. Consideration of the approval of a designation of an Acting City Manager for 2018. (S.R. No. 4) E. Consideration of the approval of a resolution approving the Public Purpose Expenditure Policy for fiscal year 2018. (S.R. No. 5) RESOLUTION NO. 11465 RESOLUTION APPROVING THE PUBLIC PURPOSE EXPENDITURES POLICY FOR FISCAL YEAR 2018 This resolution appears as Resolution No. 11465. F. Consideration of the approval of a resolution approving the contract with the International Association of Firefighters Local 1215 for the contract period January 1, 2018 through December 31, 2019 and authorize the City Manager to execute the agreement. (S.R. No. 6) RESOLUTION NO. 11466 RESOLUTION APPROVING LABOR AGREEMENT BETW EEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215 BARGAINING UNIT FOR THE YEAR 2018 AND 2019 This resolution appears as Resolution No. 11466. Council Meeting Minutes -4- January 9, 2018 G. Consideration of the approval for a Temporary On-Sale Intoxicating Liquor license for the Blessed Trinity Catholic School, located at Church of St. Richard, 7540 Penn Avenue South, for their 2018 Sno*ball Dance taking place February 3, 2018. (S.R. No. 7) H. Consideration of the approval of an Intergovermental Cooperative Agreement regarding Public Safety in Bloomington, Minnesota, related to the 2018 National Football League Super Bowl. (S.R. No. 8) I. Consideration of the approval of a Joint Powers Agreement with the I-494 Corridor Commission for the purpose of the participating municipalities to work cooperatively to improve transportation along and around the I-494 Corridor. (S.R. No. 9) J. Consideration of an agreement and resolution authorizing the Minnesota Department of Transportation to act as the City's agent in accepting federal aid in connection with transportation projects. (S.R. No. 10) RESOLUTION NO. 11467 RESOLUTION AUTHORIZING AGREEMENT NO. 1029995 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR THE AGENCY DELEGATED CONTRACTING PROCESS REGARDING FEDERAL FUNDS FOR TRANSPORTATION RELATED PROJECTS This resolution appears as Resolution No. 11467. City Manager Devich stated Item K was removed from the agenda. M/Elliott, S/Regan Gonzalez to approve the consent calendar, as amended. Motion carried 5-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF NEW ON- SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES, WITH OUTSIDE SERVICES, FOR LRFC, LLC D/B/A LOCAL ROOTS FOOD & COFFEE LOCATED AT 817 66TH STREET EAST. (S.R. NO. 12) Councilmember Regan Gonzalez presented Staff Report No. 12 and opened the public hearing. M/Elliott, S/Howard to close the public hearing. Motion carried 5-0. M/Regan Gonzalez, S/Elliott to approve the issuance of new On-Sale Wine and 3.2 Percent Malt Liquor licenses, with outside service, for LRFC, LLC d/b/a Local Roots Food & Coffee located at 817 66th Street East. Council Meeting Minutes -5- January 9, 2018 Motion carried 5-0. Item #6 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL TO THE BOARD OF ADJUSTMENTS AND APPE ALS REGARDING THE PLANNING COMMISSION'S DENIAL OF A VARIANCE TO REDUCE SETBACK REQUIREMENTS FOR A GARAGE AT 6400 PILLSBURY AVENUE. (S.R. NO. 13) Councilmember Garcia presented Staff Report No. 13 and opened the public hearing. Ginny Moring, 6418 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Javier Ayala, 6420 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Stephany Wilson, 6414 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Anthony Schwendeman, 6400 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Daniel Stephens, 6338 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Wilson Ortiz, 6414 Pillsbury Avenue S, spoke in favor of overturning the Planning Commission’s denial of the variance. Councilmember Trautmann asked if the only alternatives were destruction of the garage or letting it stand as it is currently, or is there a third alternative such as a fine. M/Elliott, S/Howard to close the public hearing. Motion carried 5-0. Community Development Director Stark responded that staff does not know because the owner did not pull building permits so the engineering is not known. He stated it might be possible to remove three feet from the end and reconstruct the end. Ultimately it is incumbent on the owner to show how he could come into conformance with the required setbacks. Councilmember Garcia stated the applicant disregarded the ordinance and did not follow the process after talking to staff numerous times. The issue isn’t that the applicant is a good guy and helps the neighborhood. He has to follow the rules like everyone else. Mayor Elliott stated he was looking for alternatives to bring the applicant into compliance without destroying the garage. Planning & Redevelopment Manager/Assistant CD Director Poehlman clarified the vote is to deny or approve a variance and does not state how the applicant has to come into compliance with the ordinance if the variance is denied. City Manager Devich commented that this is not the first time something like this has happened. He stated the situation troubled him because the applicant was informed multiple times what he could or could not do and he built something without getting building permits. In this situation Council Meeting Minutes -6- January 9, 2018 the neighbors are in favor of the applicant, but there are many times with neighbors are not happy with the situation. City Attorney Tietjen discuss the same legal standard applies whether the variance is granted after the fact and that the property owner has to show there are practical difficulties with complying with the requirements of the ordinance. Councilmember Howard discussed the issues of setting a precedent and shouldn’t take that lightly. He also asked about the setback in this area. Planning & Redevelopment Manager/Assistant CD Director Poehlman stated they did not know the utility clearance requirements. Those are usually reviewed during the permit application process and no building permit was applied for the garage. Councilmember Howard stated he felt the decision on the variance request was clear based on the facts, and is more interested in the remedies that can be found that doesn’t involve tearing down the garage. Mayor Elliott stated it was incumbent on the owner to bring forward remedies to come into compliance. Councilmember Trautmann recognized the neighbors who spoke in support of the applicant and questioned if there was another option or if the item could be tabled. Councilmembers further discussed the issue at hand and that this wouldn’t be resolved by the Council. If the variance is denied the applicants needs to come into compliance and work with the City staff. M/Garcia, S/Elliott to adopt a resolution denying an appeal from the decision of the Planning Commission and affirming the Planning Commission's decision to deny a variance to reduce setback requirements for a garage at 6400 Pillsbury Avenue. RESOLUTION NO. 11469 RESOLUTION DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION AND AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY A VARIANCE TO REDUCE SETBACK REQUIREMENTS FOR A GARAGE AT 6400 PILLSBURY AVENUE Motion carried 4-1. Councilmember Trautmann opposed. This resolution appears as Resolution No. 11469. Item #7 CONSIDERATION OF THE APPROVAL OF A SECOND READING OF AN ORDINANCE ADDING CITY CODE SECTION 430 PERTAINING TO SHORE LAND MANAGEMENT AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION. (S.R. NO. 14) Councilmember Howard presented Staff Report No. 14. M/Howard, S/Regan Gonzalez to approve a second reading of an ordinance adding City Code Section 430 pertaining to shore land management and approve a resolution approving summary publication of new City Code Section 430 pertaining to shore land management. Council Meeting Minutes -7- January 9, 2018 RESOLUTION NO. 11470 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE ADDING SECTION 430 OF RICHFIELD CITY CODE PERTAINING TO SHORE LAND MANAGEMENT Motion carried 5-0. This resolution appears as Resolution No. 11470. Item #8 CONSIDERATION OF A VARIETY OF LAND USE APPROVALS RELATED TO A PROPOSAL FOR CONSTRUCTION OF A NEW AUTO DEALERSHIP AT 1550 78TH STREET EAST. (S.R. NO. 15) Mayor Elliott presented Staff Report No. 15. Community Development Director Stark commented the role between City Council and staff. Councilmembers discussed the proposal, staff’s recommendation as it relates to current City policy, ordinance, and plans, and information received from two market analyses of the area. Councilmembers also discussed if a car dealership was a reasonable use of this space and asked staff for areas that are deficient with City Code and that Morrie’s proposal has responded to staff’s comments and made changes to meet the requirements. Community Development Director Stark responded to the Council’s question and listed some of the items of concern to staff and also noted changes Morrie’s has made to their proposal. Councilmembers further discussed the proposal and the progress Morrie’s has made with their proposal and responding to staff’s requests. Additionally, Councilmembers discussed the concerns for access to the ECOsmarte site and impact on the neighboring apartments, the history of Richfield as a bedroom community, the change in the vision of the city and the need for commercial tax base, and the commitments Morrie’s has made to the city, schools, and residents of Richfield. M/Elliott, S/Trautmann to approve a first reading of the attached ordinance rezoning 1550 78th Street East from Mixed Use - Regional to Planned Mixed Use (PMR); and articulate specific findings of compliance on which staff could draft a revised resolution approving the requested Conditional Use Permit; and request that the applicant authorize an additional extension of the statutory “clock” to extend the deadline for a final decision until January 23, 2018 in order to provide adequate time for a second reading of the requested rezoning and approval of a resolution approved the requested CUP. Councilmember Garcia offered a friendly amendment to: 1. Provide an at-grade access at 77th Street sidewalk to a 77th Street facing door; 2. Retaining walls and railings cannot exceed 36 inches in height combined along 77th Street; 3. The lighting must meet code requirements; 4. All storm water requirements must be met; 5. Impervious surface cannot exceed allowable maximums; and 6. Applicant should consider negotiation of an access agreement with ECOsmarte. M/Howard, S/Elliott to approve the friendly amendment. Peter Coyle, Morrie’s Automotive Group Representative, asked that the requirements not be an impediment to moving forward if the conditions set were not able to be satisfied after working in good faith with staff. Community Development Director Stark commented the at-grade entrance at 77th is a solution and staff would like to focus on the problem which is to have a community-friendly entrance on 77th Street. Staff is open to working on a solution to the problem. Council Meeting Minutes -8- January 9, 2018 Motion carried 5-0. Item #9 CONSIDERATION OF DESIGNATING REPRESENTATIVES TO SERVE AS THE 2018 LIAISONS TO VARIOUS METROPOLITAN AGENCIES AND CITY COMMISSIONS. (S.R. NO. 16) Mayor Elliott presented Staff Report No. 16. Councilmembers reviewed the list and tabled the item until the January 23, 2018, City Council meeting. Item #10 DISCUSSION REGARDING CITY COUNCIL ATTENDANCE AT THE 2018 NATIONAL LEAGUE OF CITIES (NLC) CONFERENCES. (S.R. NO. 17) Mayor Elliott presented Staff Report No. 17. Councilmembers reviewed the conference dates and tabled the item until the January 23, 2018, City Council meeting. Item #11 CITY MANAGER’S REPORT Mayor Elliott asked if it was possible to put a Jonathan O'Shaughnessy collection at City Hall. City Manager Devich responded he would look into it and get back to the Mayor. Item #12 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 12/26/17 A/P Checks: 264365 - 264751 $ 955,762.77 Payroll: 132819 - 133141 ; 42790 597,785.37 TOTAL $ 1,553,548.147 U.S. Bank 01/09/18 A/P Checks: 264752 - 265049 $ 1,351,477.48 Payroll: 133142 - 133471 ; 42791 631,515.88 TOTAL $ 1,982,993.36 Motion carried 5-0. OPEN FORUM None. Council Meeting Minutes -9- January 9, 2018 Item #13 ADJOURNMENT The meeting was adjourned by unanimous consent at 9:50 p.m. Date Approved: January 23, 2018 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Work Session January 13, 2018 CALL TO ORDER The work session was called to order by Mayor Elliott at 8:30 a.m. in the Babcock Room. Council Members Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann (arrived at 6:02 p.m.). Item #1 INTERVIEWS OF PERSONS INTERESTED IN SERVING ON THE CITY’S ADVISORY COMMISSIONS. The City Council conducted interviews of the following applicants for appointment to City Advisory Boards and Commissions: Robert Mulcahy Jim McFarlane Thomas Eder Sean Hayford Oleary Joyce Marrie Husniyah Dent Bradley Kirsten Johnson David Buzicky Heather Eastlund Rose Jost Martin Kirsh Brett Stursa Jeremy Barthels Benjamin Castiglione Jeff Walz Jim Topitzhofer for Art Felgate Daniel Groepper Richard Morey Dave Mathias Lee Youngman Ron Macklem G. (Gilbert) Craig Willey Lisa Eder Dan Edgerton ADJOURNMENT The work session was adjourned by unanimous consent at 2:45 p.m. Date Approved: January 23, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.A. STAFF REPORT NO. 18 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/16/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution supporting nominations for the Minnesota Department of Transportation's Corridors of Commerce pr ogram solicitation. E X E C UT IV E S UM M ARY: The Corridors of Commerc e program was created in 2013 by the Minnesota Legislature and administered by the Minnesota Department of Transportation (MnD OT). The purpose of the program is to alloc ate highway bonds for the construction, reconstruction, and improvement of trunk highway s that are not already in the State Transportation I mprovement Program. Spec ific ally, the program aims to: Provide additional highway c apacity on segments where there are currently bottlenecks. I mprove movement of freight and reduc e barriers to commerc e. MnD OT will selec t $400 million of projects in this round of Corridors of Commerce. The projects the C ity is nominating are: I -35W /I -494 I nterchange (Phase 1) I -494 Bridges and Auxiliary Lanes from I -35W to Highway 77 I -494 Bridges and Auxiliary Lanes from I -35W to Highway 100 TH 62 A uxiliary Lanes in each direction from Portland Ave. to Highway 77 TH 62 A uxiliary Lanes in each direction from Penn Ave. to Highway 169 Ramp modific ations at Crosstown/TH 77 I nterc hange RE C O M M E ND E D AC T IO N: By motion: Approve a resolution supporting nominations for the Minnesota D epartment of Transportation's Corridors of Commerce pr ogram solicitation. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive Summary for all relevant information. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Minnesota Statute 161.088 details the C orridors of C ommerce program. C.C R IT IC AL T IMIN G ISSU E S: The nominations need to be submitted between J anuary 18 and February 7. D.F IN AN C IAL IMPAC T: There are no financial impacts or commitments in supporting the nomination of projects. E.L E GAL C ON S ID E R AT ION : The C ity Attorney will be available for questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter Map B ackup Materi al RESOLUTION NO. RESOLUTION APPROVING THE SUBMITTAL OF PROJECTS FOR CONSIDERATION BY THE STATE OF MINNESOTA’S 2018 CORRIDORS OF COMMERCE PROGRAM WHEREAS, in 2013 the Corridors of Commerce program was created and authorized $300 million in bonding for projects not already in the State Transportation Improvement Program. In 2014 an additional $31.5 million was authorized, and now the 2017 the Minnesota Legislature funded the Corridors of Commerce program by authorizing up to a total of $400 million for the construction, reconstruction, and improvement of trunk highways for this round of the program; and WHEREAS, the following projects affecting the City of Richfield are not currently included in the State Transportation Improvement Program: • I-35W/I-494 Interchange (Phase I) • I-494 Bridges and Auxiliary Lanes from I-35W to Highway 77 • I-494 Bridges and Auxiliary Lanes from I-35W to Highway 100 • TH 62 Auxiliary Lanes in each direction from Portland Ave. to Highway 77 • TH 62 Auxiliary Lanes in each direction from Penn Ave. to Highway 169 • Ramp modifications at Crosstown/TH 77 Interchange; and WHEREAS, the above projects meet the two major goals established by the Corridors of Commerce program of: (1) providing additional highway capacity on segments where there are currently bottlenecks in the transportation system, and (2) improving the movement of freight and reduce barriers of commerce. NOW, THEREFORE BE IT RESOLVED, that the City of Richfield supports the submittal of the following projects and funding to the maximum extent possible under the 2018 Corridors of Commerce Program: • I-35W/I-494 Interchange (Phase I) • I-494 Bridges and Auxiliary Lanes from I-35W to Highway 77 • I-494 Bridges and Auxiliary Lanes from I-35W to Highway 100 • TH 62 Auxiliary Lanes in each direction from Portland Ave. to Highway 77 • TH 62 Auxiliary Lanes in each direction from Penn Ave. to Highway 169 • Ramp modifications at Crosstown/TH 77 Interchange. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk corridors of commerce potential projects XXX XXX XXX XXX XXX XXX #1: 77th Street Underpass at TH 77 #2a: I-35W/I-494 Interchange (Phase 1) #2b: I-494 Bridges and Auxiliary Lanes from I-35W to Highway 77  Close Ramps at Nicollet Ave  Close Ramps at 12th Ave and add full access at Portland Ave #2c: I-494 Bridges and Auxiliary Lanes from I-35W to Highway 100 #3b: Auxiliary Lanes in each direction from Penn Ave to Highway 169 #3a: Auxiliary Lanes in each direction from Portland Ave to Highway 77  Close Ramps at Bloomington Ave XXX #3c: Ramp Modifications at Crosstown/TH 77 Interchange to improve the northbound to westbound traffic movement AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.B. STAFF REPORT NO. 19 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/18/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval to authorize staff to hire Hoisington Koegler Group, Inc. to complete remaining work for the 2018 C omprehensive P lan update. E X E C UT IV E S UM M ARY: On Dec ember 13, 2016 the City Council authorized staff to enter into a contract with S RF C onsulting Group (S RF) for services related to the Comprehensive P lan. The contract called for S RF to lead, manage, and perform the bulk of the work for the plan update, and to subcontract work related to the 66th Street and Nicollet subarea plan to Hoisington Koegler Group I nc . (HKGi). Staff has been very happy with the work done by both S RF and HK Gi staff, particularly the work of Project Manager Lanc e Bernard. Mr. Bernard recently changed employ ment and has moved from S RF to HK Gi. I n an effort to ac commodate staff desires and to protect the best interests of the C ity, the two groups have agreed to prepare a new contract that will allow Mr. Bernard to remain the Project Manager. HK Gi will bec ome our primary consultant and subcontrac t with SRF for remaining work related to the Parks Master Plan. S taff is requesting approval to void the existing c ontrac t with S RF and enter into a new contract with HK Gi for the remaining work related to the Comprehensive Plan. This change will not impact the projec t budget. RE C O M M E ND E D AC T IO N: By motion: Authoriz e staff to enter into a contr act with H oisington Koegler G roup, Inc. for services related to the C omprehensive Plan. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See the E xecutive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): An update of the Comprehensive P lan is required at least every 10 years per the Minnesota Land Planning A ct. C.C R IT IC AL T IMIN G ISSU E S: Loc al plans are due to the Metropolitan C ounc il by D ec ember 31, 2018. Prior to this submittal, there is a six month adjacent jurisdiction review period. I n order to meet required deadlines, staff believes it is in the City's best interest to continue with Mr. Bernard as the Project Manger. D.F IN AN C IAL IMPAC T: There will be no impac t to the projec t budget. E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type HK Gi S cope of Work E xhibit Attachment A – Scope of Work Richfield Comprehensive Plan Update Task 1.0: Project Management & Coordination HKGi’s project manager will conduct a review of the completed tasks to date with the City’s project manager to confirm the task deliverables and to confirm schedule for the overall project. HKGi’s project manager will also manage daily work activities, coordinate tasks and meetings, review budgets and billings, provide regular staff updates, and communication with the necessary project personnel. This task also includes time for one (1) meeting with the Comprehensive Plan Advisory Committee and one (1) presentation to the City Council and one (1) presentation to the Planning Commission. Deliverables: • Provide monthly invoices. • Conduct weekly check-ins via phone with the City’s Project Manager. • Prepare and attend one (1) meeting with the Comprehensive Plan Advisory Committee • Prepare and attend one (1) meeting with the Planning Commission • Prepare and attend one (1) meeting with the City Council Task 2.0: Update the 2008 Comprehensive Plan HKGi will use the information prepared by SRF Consulting Group, Inc. to update the various sections of the Comprehensive Plan. The result of Task 2 will be a first draft Comprehensive Plan suitable for review by staff and elected and appointed officials. Subtasks include: • Task 2.1: Introduction– HKGi will finalize the Introduction chapter. Remaining work includes a one (1) to two (2) page summary highlighting emerging planning trends. • Task 2.2: Demographics – HKGi will finalize the Demographics chapter. Remaining work includes a narrative on age cohorts and final edits to the chapter. • Task 2.3: Goals & Policies – HKGi will finalize the Goals and Policies chapter by incorporating City Staff edits to the goals and policies related to water and utilities. • Task 2.4: Land Use - Using the information from prior work (e.g., the 66th Street and Nicollet Avenue Market Analysis and Land Use Concepts), HKGi will prepare the updated Land Use chapter. City Staff will provide guidance and direction on the revised planned land use categories and densities, while reviewing parcel attributes (i.e., existing and planned land use) in GIS. • Task 2.5: Housing - The Housing chapter will be prepared by City Staff. The outcome of that effort will be incorporated into the Comprehensive Plan draft. HKGi will provide support to City Staff in updating the housing chapter. This support includes data collection, data analysis and GIS mapping. • Task 2.6: Transportation – HKGi will develop the transportation element of the Comprehensive Plan. The update will blend together all modes of transportation into one unified system. • Task 2.7: Parks and Trails – The SUBCONSULTANT will be responsible for finalizing the Parks Master Plan. Remaining work includes the development of planning-level cost estimates for the park recommendations. HKGi will utilize the Parks Master Plan to develop the Parks chapter. • Task 2.8: Utilities - The Surface Water and Utilities chapter will be prepared by City Staff. The outcome of that effort will be incorporated into the Comprehensive Plan draft. • Task 2.9: Implementation – In order to create a “road map” to guide implementation, this section of the plan will clearly articulate strategies that create partnerships for implementing, monitoring and assessing plan directives. The Implementation chapter will include general zoning and regulatory recommendations that will bring the new Comprehensive Plan and Richfield’s Zoning Ordinance into compliance. Deliverables: • Provide one (1) draft of each chapter’s (see Tasks 2.1 – 2.9) text for City Staff review. • Provide one (1) draft of each chapter’s text that incorporates City Staff’s comments and changes for final review. It is assumed City Staff will have minimal changes at this time. Task 3: Public Engagement HKGi will prepare and attend one (1) public open house. HKGi will also develop an interactive online form or survey to gather public input on the Comprehensive Plan draft. Materials (e.g., mailings or news releases) will be developed for City Staff to promote the public engagement activities. Deliverables: • Prepare and attend one (1) public open house. • Prepare and monitor one (1) online form or survey to gather public input on the Comprehensive Plan draft. Document findings and incorporate them into the Comprehensive Plan draft. Task 4: Final Documentation HKGi will prepare and assemble the required document (Final Plan) for submission of the Plan to the Metropolitan Council. The Final Plan will be assembled into an easy to use and navigable document. In addition, HKGi will coordinate local reviews and incorporate the appropriate changes, and collaborate with the City to address any comments necessary to receive approval. Deliverables: • Provide one (1) Comprehensive Plan draft (see Tasks 2.1 – 2.9) for City Staff review, which will include all maps, figures and tables laid out in InDesign. • One (1) Comprehensive Plan draft that incorporates City Staff’s comments and changes for final review. It is assumed City Staff will have minimal changes at this time. • Provide one (1) Final Plan for the City’s submission to the Metropolitan Council. • Provide one (1) Final Plan with Metropolitan Council changes for the City’s adoption. This will include the digital files (e.g., GIS files, PDFs and InDesign files) used to prepare the document and one (1) printed copy. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.C. STAFF REPORT NO. 20 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: C hris Regi s, F inance Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the authoriz ation of the C ity Manager to execute a site lease agreement with New Cingular Wireless P C S, LL C (AT&T Mobility C orporation) for antenna space on Penn Avenue water tower. E X E C UT IV E S UM M ARY: As Council members may be aware, the City has previously entered into lease agreements with companies in the mobile telephone industry. The City currently has lease agreements with T-Mobile, Sprint, and Verizon W ireless. As the communic ations industry grows and becomes more c ompetitive, the need for more space for antennas and to provide greater service to c ustomers has grown. After c onsiderable disc ussion, AT&T, doing business as New C ingular W ireless P C S, LLC and the City have come to tentative approval of a lease agreement including plans for the ground structure required to support the antenna fac ilities. The ground structure will also include some minor amenities to the outside area for Fire Station 2. The major terms of the lease are as follows: 1. The lease is to begin on May 1, 2018 or the start of construction, whichever is earlier, and will end on December 31, 2022. The term of the lease may be extended for three additional five-y ear periods. 2. The lease for the water tower antenna spac e shall be $33,000 for the initial y ear and be inc reased annually by four perc ent over the previous y ear ’s annualized rent. However, 2018 will be prorated through D ec ember 31, 2018 and shall be paid to the City in full within fifteen (15) business day s of the time the lease is executed. 3. The facility that would be needed by New Cingular W ireless P C S, L L C to provide support service to the antenna mountings would be incorporated into a fenc ed area under the existing water tower and would be sec ured from public ac cess. I t will also inc lude some minor amenities to the outside area for Fire Station 2. RE C O M M E ND E D AC T IO N: By motion: Authoriz e the City Manager to execute a site lease agreement with N ew Singular W ireless P C S, L L C (AT&T Mobility C orporation) for antenna space on the Penn Avenue water tower. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT None B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The antenna on the water tower will not cause any problems or interferenc e with the communications of the City. The lease, in its entirety, provides for many favorable provisions and protec tions for the City of Richfield, and in most respects either equals or exc eeds the standards set forth in the League of Minnesota Cities’ model lease. New C ingular W ireless P C S, LLC has agreed to the terms of the lease agreement. C.C R IT IC AL T IMIN G ISSU E S: Staff is requesting approval at the J anuary 26, 2018 City Council meeting so that New Singular W ireless P C S, L L C may begin activity in conjunction with establishing this antenna spac e and the support struc tures needed to acc ompany it. D.F IN AN C IAL IMPAC T: The $33,000 annual lease payment is a fair amount and is commensurate with what Richfield and other cities are getting for similar antenna facilities in the metro area. E.L E GAL C ON S ID E R AT ION : The lease document has been reviewed and approved by the City Attorney’s Offic e. ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council c ould defer action on this item to a future meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type S ite L ease A greement New S ingular Wireless P C S , L L C C ontract/A greement E xhibit B D rawi ngs S ite L ease A greement E xhibit 373479 RJV RC145-589 1 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (“Lease”), is made this ___ day of ____, 2018 between the City of Richfield (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Tenant”). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord’s property, located at 6401 Penn Ave South, City of Richfield, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto (the “Property”), consisting of approximately 280 square feet (14’ x 20’) (the “Equipment Space”) to construct an equipment shelter or cabinet, subject to any and all existing easements, as depicted in Exhibit B attached hereto, and that portion (the “Antenna Space”) of the water tower (“Structure”) to install 6 antennas and associated equipment and cables and utility lines (collectively “Communications Facility”). The permitted design and specifications of the Communications Facility are more particularly described in Exhibit B. This Lease permits use of the Equipment Space, the Structure for attaching and locating directional Antennas, connecting cables and appurtenances between the Equipment Space and the Antenna Space, the exact location of each to be reasonably approved by Landlord, together with appurtenant easements and access rights to connect to the electric power, telephone, and fuel sources for the Property (collectively the “Leased Premises”). Tenant is solely responsible for evaluating the suitability of the Leased Premises for its purposes. 2. Rent. (a) Amount, adjustments. As consideration for this Lease, Tenants shall pay Landlord an annual rent in the amount of thirty three thousand dollars ($33,000.00) for the initial year. Said lease payment shall be increased each year on January 1 by 4% of the previous year’s annualized rent. As a condition precedent to payment, Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Lease and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address. (b) Time of Payment, Taxes. The annual rent for the coming year shall be paid no later than December 31 along with a statement identifying Tenant’s calculation of the rental amount due. The first year, the rental shall be prorated through December 31 and shall be paid to Landlord in full within fifteen (15) business days of the time Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its prorata share of any real property taxes or payment in lieu of taxes required as a 373479 RJV RC145-589 2 direct result of this Lease. All charges payable under this Lease such as utilities and taxes shall be billed by Landlord within fifteen (15) months from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to annual rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Lease. 3. Governmental Approval Contingency. (a) Tenant Application. Tenant’s right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the study specified in Subparagraph 3(b) below conducted at Tenant’s expense. Subject to Landlord’s rights under its police powers, Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant’s proposed use thereof. (b) Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant’s intended use will not interfere with existing communications facilities. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in is sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant’s exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. 4. Term and Renewals. The “Initial Term” of this Lease shall commence on the earlier of i.) Tenant construction start or ii) May 1, 2018 (“Effective Date”) and end on December 31, 2022. Subject to the terms and conditions of this Lease, Tenant may extend the term of this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. Tenant shall be deemed to have elected to extend the term for each Renewal Term unless Tenant sends written notice to Landlord of Tenant’s intention not to extend at least 90 days prior to each Renewal Term, Initial Term or any second or third Renewal Term, such notice provided in accordance with Paragraph 19 of the Lease. 5. Tenant’s Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other 373479 RJV RC145-589 3 conflict while this Lease is in effect occurring on or adjacent to Landlord’s Property, and Tenant’s use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; 4. Government-regulated entities whose Antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance, cellular telephone, or data transmission, not including radio or television broadcasters, whose lease precedes this Agreement. (b) Purposes. The Tenant shall have the exclusive use of the Leased Premises only for the purpose of installing, maintaining, and operating the Communications Facility for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant’s use of any other portion of Landlord’s property (including that portion of the water tower not included in the definition of “Leased Premises” in Section 1 hereof) shall be non-exclusive and Landlord specifically reserves the right to allow such other property other than the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on such property. Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate its Communications Facility in accordance with the approved plans attached as Exhibit B. Prior to activation of the Communication Facility, Tenant shall notify Landlord that installation/construction is substantially complete and provide as-builts. Within seven (7) days, Landlord may inspect Tenant’s work, at Tenant’s expense, to verify completion in accordance with this Lease, Tenant’s requirements, and the as-builts. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Communication Facility on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure during installation of the Communication Facility or during operations shall be repaired at Tenant’s expense within 30 days after notification of damage. The Communication Facility shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Tenant Maintenance. Tenant shall, at its own expense, maintain the Communication Facility and any property on the Leased Premises or attached to the Structure in a safe condition and in good repair and in a manner that does not conflict with use by Landlord. Any modifications to the Leased Premises for Tenant’s benefit shall be at the Tenant’s expense. Tenant’s Communication Facility shall, at all times and at Tenant’s expense, be painted and maintained in the color selected by the Public Works Director. In lieu of painting, Landlord may require that any coaxial cable or other connecting cables with exterior exposure on the Structure be provided in manufactured colors matching the immediate background. 373479 RJV RC145-589 4 (f) Landlord Maintenance. Landlord will maintain and repair the Property and access thereto, the Structure, and all areas of the Leased Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord agrees to comply with all federal, state and local laws, orders, rules and regulations relating to Landlord’s ownership and use of the Property and any improvements on the Property. Tenant shall remove the Communications Facility at Tenant’s cost, upon reasonable notice, if necessary to permit maintenance, repair, repainting, restoration or other activity in relation to the Structure or Leased Premises, provided Tenant shall not be required to remove the Communications Facility more than once during the Initial Term or any individual Renewal Term. Except in the case of an emergency, Landlord shall give Tenant no less than one hundred twenty (120) days advance written notice of repair, repainting or restoration requiring removal of any part of the Communication Facility. Any additional expense of maintaining the Structure or Leased Premises or other Landlord property caused by the Communication Facility shall be paid promptly by Tenant upon Landlord’s notice to Tenant of such additional cost. Tenant will be permitted to install on the Property a temporary facility necessary to keep its Communications Facility operational. Any maintenance will be conducted by Landlord as diligently and expeditiously as possible. (g) Modifications. Landlord must consent to any modification to the Communication Facility located on the Structure. Landlord’s consent shall not be required for the modification of any portion of the Communication Facility located within the shelter or cabinets located within the Equipment Space or replacement of equipment with substantially similar equipment. Tenant shall notify Landlord in writing of any request to modify the Communication Facility on the Structure. Upon such request, Landlord may retain a qualified professional to evaluate the requested modification. The Tenant shall reimburse the Landlord’s reasonable cost for evaluation within 90 days of receipt of an invoice. If Landlord consents, the parties will negotiate the amount of additional rental for the addition of any equipment to the Structure based on the increase in structural loading or space required for the additional equipment. The annual rent shall not be increased for equipment changes which result in a reduction of structural loading or space on the Structure. Tenant shall submit to Landlord a detailed proposal for any such modification and any other information reasonably requested by Landlord, including but not limited to a technical study carried out at Tenant’s expense (the “Plans”). Landlord’s approval will not be unreasonably withheld, conditioned or delayed (and in no event delayed beyond forty-five (45) days). After Landlord’s (i) failure to respond in writing to Tenant's proposed Plans within forty- five (45) days of their receipt; or (ii) failure to provide a written response within forty- five 45 days of receipt of Plans revised by Tenant after comment from Landlord in accordance with this Section, the Plans will be deemed approved. After approval or deemed approval, the Plans will be considered incorporated in this Lease as Exhibit B. If Landlord disapproves the Plans then the Tenant will provide Landlord with revised Plans, such revisions to be within Tenant’s reasonable discretion. In the event Landlord disapproves of the revised Plans, Tenant may either i) make further revisions to the Plans and submit them to Landlord for review or ii) terminate this Lease without further liability by providing written notice to Landlord. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in 373479 RJV RC145-589 5 this Lease and will return the Plans to Tenant promptly upon request. Tenant maintains the right to perform routine maintenance, repairs, replacements and upgrades without Landlord approval when no changes to the exterior appearance of Tenant’s Communications Facility are made. (h) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all portions of the Communication Facility. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and appurtenances actually placed on the Leased Premises. (i) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure, as long as any existing tenants which are radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations, and shall not interfere with the working use of the Leased Premises by Landlord. (j) Access. Tenant, at all times during this Lease, and with the approval of Landlord shall have access to the Leased Premises in order to install, operate, and maintain its Communication Facility. Tenant shall request access to the Structure twenty-four (24) hours in advance, except in an emergency, and Landlord’s’ approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever reasonable expense, including employees’ wages that Landlord incurs in providing such access to Tenant. (k) Payment of Taxes and Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. Landlord shall be responsible for timely payment of all taxes and assessments levied upon the Landlord’s lands, improvements and other property of Landlord, including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be solely responsible for any property taxes levied against the Leased Premises attributable to Tenant’s use pursuant to this Lease. As a condition of Tenant’s obligation to pay any property taxes, if Landlord receives notice of taxation of Tenant’s interest in the Leased Premises, Landlord shall provide Tenant with such documentation within sixty (60) days after receipt of such notice. Tenant shall have the right to file an appeal, and Landlord shall reasonably cooperate in any such appeal as reasonably requested by Tenant, all at Tenant’s sole cost and expense. Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 5(k) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant. Any tax-related notices shall be sent to Tenant in the manner set forth in Section19. 373479 RJV RC145-589 6 (l) Utilities. Tenant will have the right to install utilities, at Tenant’s expense, and to improve present utilities on the Property and the Leased Premises. 6. Emergency Facilities. In the event of a natural or man-made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect a temporary tower and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises including painting or other maintenance of the Structure that are caused by Tenant’s occupancy of the Leased Premises. In the event the Landlord repaints, repairs or maintains the Structure, Tenant shall take adequate measures to cover or remove the Communication Facility or otherwise protect same from damage which may occur during the painting, repair or maintenance process. Tenant shall remove its facilities, at Tenant’s cost, to allow maintenance, repair, repainting, restoration of the Structure or other activity on the Leased Premises as required by the Landlord. Except in the case of an emergency, Landlord shall give Tenant no less than one hundred twenty (120) days prior written notice of repair, repainting or restoration requiring protective measures or temporary removal and relocation. Tenant will be permitted to install on the Property a temporary facility necessary to keep its Communications Facility operational. Any maintenance will be conducted by Landlord as diligently and expeditiously as possible. 8. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the Property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant’s building and will allow “attachments” to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant’s building. 9. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except to the extent arising from the negligence, willful misconduct, or other fault of Landlord, its employees, agents or independent contractors. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant’s Communication Facility, equipment and related facilities on the Leased Premises, except to the extent arising from the negligence, willful misconduct, or other fault of Landlord. To the extent permitted by law, Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability , costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, invitees, agents or 373479 RJV RC145-589 7 independent contractors, or Landlord’s breach of any provision of this Lease, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. Nothing herein shall be deemed a waiver by Landlord of the limitations on liability set forth in Minnesota Statutes, Chapter 466. (b) With respect to any indemnification provided hereunder, the indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. (c) Hazardous Materials. Without limiting the scope of Subparagraph 9(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney’s fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant’s use of Hazardous Materials. Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney’s fees and costs, arising out of in connection with the removal, cleanup, or restoration of the Leased Premises with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Leased Premises by Tenant and their agents, including independent contractors. Nothing herein shall be deemed a waiver by Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter 466. For purposes of this Lease, “Hazardous Materials” shall be interpreted broadly and specifically includes, without limitation, asbestos, petroleum, fuel, batteries, PCBs, or any hazardous substance, waste, or materials as defined in any federal, state or local environmental or safety law or regulations including, but not limited to, CERCLA, and the Clean Water Act. (d) Hazardous Materials Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not dispose of on the Leased Premises, nor store or transport to or over the Leased Premises in violation of any laws relating thereto, any Hazardous Materials. Tenant shall immediate inform Landlord in writing as soon as Tenant becomes aware of the release of any Hazardous Materials on the Leased Premises. Landlord represents and warrants, to the best of its knowledge that, (i) the Property, as of the Effective Date, is free of Hazardous Materials, including asbestos-containing materials and lead paint, and (ii) the Property has never 373479 RJV RC145-589 8 been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to Hazardous Materials, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. In the event Tenant becomes aware of any Hazardous Materials on the Property, or any environmental, health or safety condition or matter relating to the Property for which Tenant is not responsible, that, in Tenant’s sole determination, renders the condition of the Leased Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Leased Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease upon written notice to Landlord. The obligations of this Paragraph 9 shall survive the expiration or other termination of this Lease. 10. Insurance. (a) Workers’ Compensation. The Tenant must maintain Workers’ Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer’s Liability coverage with limits of $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form commercial general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage – broad form, and personal injury, for the hazards of Premises/Operation, broad form, contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned commercial general liability coverage with limits of liability of $5,000,000 each occurrence; $5,000,000 personal and advertising injury; $5,000,000 general aggregate, and $5,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying commercial general liability coverages. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $5,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage of ridges afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability Coverage. 373479 RJV RC145-589 9 Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. (d) Tenant Property Insurance. The Tenant is at risk of loss or damage to Tenant’s property, to the extent of the indemnity herein. (e) Additional Insured – Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated B+12 or better), eligible to do business in the state of Minnesota, which includes all coverages required in this Paragraph 10. Tenant will include the Landlord as an Additional Insured on the required General Liability and Commercial Automobile Liability Policies. Landlord’s additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and, (iii) not exceed Tenant’s indemnification obligation under this Agreement, if any. Tenant shall provide at least thirty (30) days prior written notice to the Landlord of cancellation of any required coverage that is not replaced. (f) Option to Self Insure. Notwithstanding the forgoing, Tenant may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Agreement. In the event Tenant elects to self-insure its obligation under this Agreement to include Landlord as an additional insured, the following conditions apply: (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 11. Damage or Destruction. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within twenty-four (24) hours of the casualty or other harm. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant’s judgement, to hinder its effective use of the Communication Facility, Tenant may elect to terminate the Lease, upon thirty (30) days’ written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of pre-paid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease, such temporary facilities will be governed by all of the terms and conditions of this Lease, including rent. If Landlord or Tenant undertakes to rebuild or restore the Leased Premises and/or the Communications Facility, as applicable, Landlord agrees to permit 373479 RJV RC145-589 10 Tenant to place temporary transmission and reception facilities on the Property at no additional rent until the reconstruction of the Leased Premises and/or the Communications Facility is completed. Landlord agrees that the rent shall be abated until the Property and/or the Leased Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 12. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Communication Facility; iii) by Landlord, if its Council decides, for any reason to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes or any purpose inconsistent with this Agreement. If Landlord decides to discontinue use to redevelop the Leased Premises, Landlord shall provide a one-year written notice to Tenant; (iv) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source; or (v) after the Initial Term by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to one and one half times the annual rent, at the then- current rate, provided, however, that no such termination fee will be payable on account of the termination of this Lease by Tenant under any termination provision contained in any other section of this Lease, and such termination fee shall be in addition to any applicable rent which was payable for any portion of the Renewal Term; or (vi) by Landlord if it determines that the Communication Facility unreasonably interferes with another user of the Leased Premises with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to 373479 RJV RC145-589 11 government approvals granted thereunder, after a public hearing before the Landlord’s Council. (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant’s Liability for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord 100% of the rent due for the remaining Term of the Lease. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have ninety (90) days from the termination or expiration date to remove its Communication Facility and related equipment from the Leased Premises, and repair the site and restore the surface of the Structure, normal wear and tear excepted. Upon the commencement of this Lease, Tenant shall provide a letter of credit, performance bond or cash deposit in the amount of $10,000 to guarantee timely restoration of the Site following any lease termination. In the event that Tenant’s Communication Facility, and related equipment are not removed to the reasonable satisfaction of the Landlord within ninety (90) days after the expiration or earlier termination of this Lease, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. 13. Limitation of Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord’s liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any other recovery of damages to Tenant, including but not limited to, value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. Except for the indemnity obligations set forth in this Lease, and otherwise notwithstanding anything to the contrary in this Lease, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. 14. Temporary Interruption of Service. If Landlord reasonably determines that the Communication Facility is causing an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to correct such threat or remove the offending equipment. Tenant shall comply with such an order as soon as possible, and shall notify Landlord promptly of the corrective action taken. Landlord shall not be liable for any interruption in Tenant’s service or interference with its Communication Facility if such interruption or interference is necessary to correct the immediate public health and/or safety threat. 15. Tenant Interference. 373479 RJV RC145-589 12 (a) With Structure. Tenant shall not interfere with Landlord’s use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord’s use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant’s cessation of action is material to Tenant’s use of the Leased Premises and such cessation frustrates Tenant’s use of the Leased Premises, within Tenant’s sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Higher Priority Users. If Tenant’s Communication Facility causes impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with pre-existing tenants operating within their respective licensed radio frequencies and in accordance with all applicable laws and regulations, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord’s written notice of the interference, Tenant shall immediately cease operating its Communication Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord’s written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study – New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises (“Leased Premises Area”), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord’s choosing perform the necessary interference studies to determine if the new applicant’s frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communications Facility, the operations of Tenant or the rights of Tenant under this Lease. Landlord will enforce any contractual rights against interference with the interfering party and demand the interfering party cease the interference within forty-eight (48) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. 16. Assignment and Subleasing. This Lease shall run with the Property and shall be binding on and inure to the benefit of the parties, their respective successors, personal representatives and assigns. Tenant will not assign or transfer this Lease or sublet all or any portion of the Leased Premises without the prior written consent of 373479 RJV RC145-589 13 Landlord provided, however, that Tenant may assign or sublet without Landlord’s consent to any party controlling, controlled by or under common control with Tenant or to any party which acquires substantially all assets of Tenant. Tenant shall make no other assignment or transfer of this Agreement without obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. 17. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, or a portion sufficient, in Tenant’s sole determination, to render the Leased Premises unsuitable for Tenant’s permitted use, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution is value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antennas Facilities, and leasehold improvements. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis. 18. Enforcement and Attorneys’ Fees. In the event that either party to this Lease shall bring a claim to enforce any rights hereunder, the prevailing party, as deemed by the court, including appellate courts, shall be entitled to recover costs and reasonable attorneys’ fees incurred as a result of such claim. 19. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 If to Tenant, to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Site #: MNL03036; Site Name: Richfield WT (MN) Fixed Asset #: 11663727 575 Morosgo Drive NE Atlanta, Georgia 30324 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Site #: MNL03036; Site Name: Richfield WT (MN) Fixed Asset #: 11663727 208 S. Akard Street 373479 RJV RC145-589 14 Dallas, TX 75202-4206 20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25. Warranties; Quiet Possession. Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple and solely owns the Structure; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant’s permitted use and enjoyment of the Leased Premises under this Lease; (iii) Landlord’s execution and performance of this Lease will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (iv) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. Tenant is entitled to quiet possession of the Leased Premises throughout the Term and any Renewal Term so long as Tenant is not in default hereunder beyond any applicable cure period. 26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute and deliver to Tenant a recordable Memorandum of this Agreement. 27. Administrative Fee. Tenant shall pay a one-time administrative fee of $2500 to Landlord to reimburse its expenses associated with processing Tenant’s request to use the Leased Premises. The administrative fee shall be payable prior to Landlord’s execution of this Lease. 28. Waiver of Landlord’s Liens. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof. The Communications Facility shall be deemed personal property for purposes 373479 RJV RC145-589 15 of this Lease, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communications Facility from time to time in Tenant’s sole discretion and without Landlord’s consent. 29. Sale of Property. (a) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Lease; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Lease, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Lease, including Landlord’s obligation to cooperate with Tenant as provided hereunder. (b) If Landlord, at any time during the Term of this Lease, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Leased Premises, or all or any part of the Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Lease and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the following documents to Tenant: (i) Deed to the Property, bill of sale, or other applicable instrument of transfer (ii) New IRS Form W-9 (iii) Completed and Signed Tenant Payment Direction Form (iv) Full contact information for new Landlord including phone number(s) Until Tenant receives all such documents, Tenant’s failure to make payments under this Lease shall not be an event of default and Tenant reserves the right to hold payments due under this Lease. 30. Default and Right to Cure. (a) The following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of rent if such rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant’s failure to perform any other term or condition under this Lease within sixty (60) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Lease: (i) Landlord’s failure to allow access to the Leased Premises as required by Section 5(j) within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 15(c) within 373479 RJV RC145-589 16 forty-eight (48) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Lease within sixty (60) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 373479 RJV RC145-589 17 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: City of Richfield By _______________________ Its Mayor By________________________ Its City Manager TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation, its Manager By: Name: Title: ______________________________________ Date: , 2018 373479 RJV RC145-589 18 ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The Foregoing instrument was acknowledged before me this _____ day of _______, 2018 by _____________ and _______________, the Mayor and City Manager respectively of the City of Richfield, on behalf of the corporation. __________________________________ Notary Public in for the State of Minnesota County of __________________________ My Commission expires: _____________ ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF __________) The Foregoing instrument was acknowledged before me this _____ day of _______, 2018 by _______________________ the _________________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, on behalf of the limited liability company. __________________________________ Notary Public in for the State of Minnesota County of __________________________ My Commission expires: _____________ 373479 RJV RC145-589 19 Exhibit A LEGAL DESCRIPTION OF OWNER’S PROPERTY The property is legally described as follows: Parcel # 2802824230136 373479 RJV RC145-589 20 EXHIBIT B SKETCH AND DESCRIPTION OF LEASED PREMISES SHOWN IN RELATION TO OWNER’S PROPERTY See Attached 809/22/2017 809/22/2017 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #5.D. STAFF REPORT NO. 21 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: C hris L i nk, Operations S uperintendent D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: C hris Regi s, F inance Manager C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/18/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution clarifying the repayment schedule for the assessment for removal of diseased trees from private property for work ordered in 2016. E X E C UT IV E S UM M ARY: Clarification The resolution adopting the assessment for the removal of diseased trees from private property for work ordered during J anuary 1, 2016 through Dec ember 31, 2016 was approved on October 10, 2017. This resolution was unc lear regarding the payment period of the assessments. The attached resolution clearly states the pay ment term of five (5) years. This language is required by Hennepin C ounty to properly assess the properties. Background The health of trees within munic ipal limits is threatened by shade tree diseases and it is the C ity’s responsibility to c ontrol and prevent the spread of these diseases. I f the City deems it nec essary to remove a diseased tree on private property, the property owners have three options available: 1. Remove the tree themselves; 2. Hire and pay for their own c ontractor; or 3. Hire their own contractor and request the cost of the tree removal be assessed against their property tax. I n the period from J anuary 1, 2016, through D ec ember 31, 2016, seven (7) property owners chose the third option. The total amount assessed is $10,336.69. RE C O M M E ND E D AC T IO N: By motion: Approve a resolution clarifying the repayment schedule for the assessment for removal of diseased trees fr om private property for work ordered in 2016. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See Exec utive Summary B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The proposed assessment was properly filed with the City Clerk. Notic es of the assessment hearing were mailed to the owner of eac h parcel described in the assessment roll on September 13, 2017. The public hearing notic e was published in the official newspaper on S eptember 21, 2017. C.C R IT IC AL T IMIN G ISSU E S: The unpaid c harges for the removal of the diseased trees must be spec ial assessed for certific ation to the C ounty Auditor along with current taxes as stated in City C ode 910.23. D.F IN AN C IAL IMPAC T: The property owner may pay the original principal amount without interest within 30 days from the date the C ounc il adopts the assessment. The unpaid balance will be spread over five (5) years with a five perc ent (5%) interest rate. E.L E GAL C ON S ID E R AT ION : The C ity Attorney will be available to answer any questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Resolution Resolution L etter RESOLUTION NO. RESOLUTION CLARIFYING THE REPAYMENT SCHEDULE OF THE ADOPTED ASSESSMENT FOR THE REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED DURING JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2016 through December 31, 2016 amount to $10,336.69. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2016 through December 31, 2016. The costs to the properties are as follows: Address Address PID Amount 320 Apple Lane 27-028-24-14-0062 $910.56 6616 Morgan Ave 28-028-24-32-0021 $1,605.00 7324 17th Ave 35-028-24-14-0093 $922.85 7325 Humboldt 33-028-24-13-0042 $2,145.50 7339 Blaisdell 34-028-24-24-0114 $1,823.68 7445 Clinton 34-028-24-41-0060 $2,500.00 6520 15th Ave 26-028-24-13-0080 $429.10 TOTAL $10,336.69 WHEREAS, the City Council of the City of Richfield adopted the assessment role on October 10, 2017, which did not clearly state the years allotted for the assessment repayment. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: Such assessment shall be payable in no more than five (5) years and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2018. ______________________________ Pat Elliott, Mayor ATTEST: _____________________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:PROPOSED ORDINANCES AGENDA ITEM #7. STAFF REPORT NO. 22 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/18/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of a variety of land use approvals related to a proposal for construction of a new auto dealership at 1550 78th Street East. E X E C UT IV E S UM M ARY: Morrie's Automotive Group has submitted an applic ation requesting approval of a rezoning and planned unit development plans that would allow construction of a new J aguar/Land Rover Dealership at 1550 78th Street East. This property is c urrently home to the A dler Graduate Sc hool and J im Ramstad C ommunity Services Center. T he property at 1550 78th Street East is zoned Mixed Use - Regional (MU-R) and is guided for Regional Commercial within the I-494 Corridor Master Plan Area. T he applicant has submitted revised plans since the date of the Planning Commission hearing on October 23rd. T hese revisions were presented to the Council on January 9, 2018. Citing significant improvements to the plans, the City Council approved a first reading of an ordinance to rezone the property and directed staff to prepare a resolution to approve the requested conditional use permit and final development plans with certain stated stipulations: Stipulations: Plans must inc lude an at-grade and/or improved direct public entrance from 77th Street to a 77th Street facing door; The maximum height of retaining walls and required guard rails along 77th S treet may not exceed 36" combined; Site lighting must meet Code requirements; Storm water requirements must be met; I mpervious surfac e requirements must be met; and Applicant must explore options for an ac cess agreement with adjacent property at 1600 78th Street East. T he applicant has already begun to work to address these stipulations. As mentioned at the January 9 Council Meeting, there are instances in which compliance with these stipulations could be exceptionally difficult/impossible or instances in which compliance would cause unintended, more problematic issues (e.g. parking). To address this, staff has included a stipulation that allows the Community Development Director to approve final plans that address the identified concerns of the Council to the highest degree practical. Staff and representatives of Morrie's have continued to meet and may have updates to share. RE C O M M E ND E D AC T IO N: By motion: 1. Approv e a se cond re ading of an ordinance ame nding Appe ndix I of the Richfie ld City Code to change the zoning de signation 1550 78th Stre et East from Mixe d Use - Regional (MU-R) to Planne d Mix e d Use (PMU); and 2. Approve the attached resolution for a Conditional U se Permit and Final Development Plan for a Planned Unit Development that would allow construction of an automobile dealership at 1550 78th Street E ast. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n 2005, the C ity determined that existing zoning regulations were inadequate to address the Comprehensive Plan vision for Regional Commerc ial properties within the I -494 C orridor. Additionally, improvement plans and ac cess c hanges for the I nterstate that c ould signific antly impact land use patterns had been announced. The City determined that further study of this area was needed, and a one year moratorium was adopted on February 2, 2005. T he I-494 Corridor Plan was officially adopted by the City Council on December 13, 2005 and reaffirmed with the adoption of the 2008 Comprehensive Plan. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Comprehensive Plan: The Comprehensive Plan is a vision for a c ommunity 's future. I t provides a framework for land use dec isions. The Comprehensive Plan for this area c alls for regional commercial uses that will attract users form throughout the Twin Cities and inc ludes "spec ialty retail." The P lan emphasizes street-level activity, pedestrian amenities/connections, and public art to unite economically viable uses and c reate a unique and interesting area. The Plan further stresses buildings that front streets, provide entries and interesting shop windows along major pedestrian way s, and avoid blank spac es along sidewalks. The Council finds that the proposed plans are in c ompliance with this vision. Zoning: There are a number of purpose and intent statements for the Mixed Use Zoning D istricts. The City Council finds that the proposed plans adequately address the following desires for these districts: Adapt to market and transportation c hanges; Provide appropriate transitions between uses; Promote greater pedestrian and bic yc le acc ess and connections throughout the c orridor and along the length of the c orridor; Provide well landscaped and attrac tive public and private spaces with a pedestrian and bic ycle friendly c harac ter and environment by minimizing surface parking and enhancing pedestrian corridors (sidewalks and trails) through reinforc ing build-to lines, getting new buildings to address the street and emphasize enticing street level architec ture; and Ensure high quality arc hitectural design and materials. Planned Unit Development (P U D)'s are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. In exchange for these efficiencies and superior design, flexibility in the application of dimensional requirements is available.T he Council finds that the superior design of the proposed project warrants the flexibility offered by a PUD designation. There are a number of different sets of review criteria that apply to this proposal. A full disc ussion of all requirements is included as an attachment to this report. C.C R IT IC AL T IMIN G ISSU E S: 60-D AY RUL E: The 60-day cloc k 'started' when a c omplete applic ation was rec eived on September 11, 2017. A dec ision or extension was required by November 10, 2017. I n order to acc ommodate a work session disc ussing the I -494 Corridor Plan, the C ity issued a letter of extension on September 18, 2017. The time period was extended to November 28, 2017. At the Council Meeting on November 28, the applicant agreed to the C ounc il's request to extend this deadline once again to J anuary 9, 2018. Following approval of a first reading of the ordinanc e to rezone the property on J anuary 9, the applicant authorized an additional extension to J anuary 23, 2018. D.F IN AN C IAL IMPAC T: The applic ant estimates that the proposed dealership will generate approximately $700,000 in annual property taxes. Staff analysis (provided to the Council in a memo dated November 17, 2017) estimates that this would theoretically equate to a tax reduction of $20.35 per year for the average Ric hfield homeowner. E.L E GAL C ON S ID E R AT ION : A public hearing was held before the P lanning C ommission on Oc tober 23, 2017. The Planning Commission recommended denial of the proposed rezoning and Planned Unit Development proposal. The C ity Attorney will be present and available for questions at the meeting. ALT E R N AT IV E R E C O MME N D AT IO N(S): Recommend approval of the attached resolution with modific ations. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Representatives of Morrie's Automotive Group AT TAC H ME N TS : D escripti on Type Ordinance Ordinance Resolution Resolution L etter P roposed P lans E xhibit P roject Renderi ngs E xhibit P roject Narrati ve E xhibit A dler Graduate S chool L etter E xhibit Revised P lans - 01-22-2018 E xhibit ORDINANCE NO. ______ AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX I TO THE RICHFIELD CITY CODE BY REZONING 1550 78TH STREET EAST AS PLANNED MIXED USE (PMU) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 18, Paragraph (4) of Appendix I of the Richfield Zoning Code is amended to read as follows: (4) M-18 (S of 77th, Bloomington to Cedar). That area lying between the center lines of 77th and 78th Streets, and between the center lines of Cedar Avenue and Bloomington Avenue except: The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. . Sec. 2. Section 8, of Appendix I of the Richfield Zoning Code is amended by adding new Paragraphs (6) as follows: (6) The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. Sec. 3. 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 23rd day of January, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk RESOLUTION NO. ______ RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 1550 78TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of a rezoning,final development plan,and conditional use permit for a planned unit development to allow construction of a three-story automobile dealership at 1550 78th Street East,property legally described in the attached Exhibit A; and WHEREAS, the Planning Commission of the City of Richfield held a public hearing to consider the requested rezoning,conditional use permit,and final development plans on October 23, 2017; WHEREAS, notice of the public hearing was mailed to properties within 350 feet of the subject property on October 5, 2017 and published in the Sun-Current on October 10, 2017 and; and WHEREAS, on October 23, 2017, the Planning Commission recommended denial of the applications by a vote of 3 to 1 finding that the proposal did not meet requirements; and WHEREAS, the applicant revised plans to address a number of identified deficiencies and submitted revisions to the City on December 22, 2017; and WHEREAS,the City Council conducted a first reading of the requested amendment to Appendix I of the City Code to rezone the Property and considered the application for a conditional use permit and final development plans for a planned unit development on January 9, 2018; and WHEREAS,the City Council approved a first reading of the re quested rezoning upon finding that, with stipulations identified by the City Council at the meeting on January 9, 2017,the conditions specified in Richfield Zoning Code Section 542.09, Subd. 3 for approving a planned unit development would be met by the revised (December 22, 2017) plans; WHEREAS, the revised (December 22, 2017)request meets those requirements necessary for approving a conditional use permit as specified in Richfield’s Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No.______; and WHEREAS, the City has fully considered the request for approval of a planned unit development, final development plan and conditional use permit and has now reached a decision which it believes is in compliance with the law and is in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1.The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above and the Required Findings outlined in the attached Exhibit B . 2.A planned unit development, final development plan and conditional use permit are approved for an automobile dealership as described in City Council Report No. ___, on the Subject Property legally described in Exhibit A. 3.The approved planned unit development, final development plan and conditional use permit are subject to the following conditions: A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. This approval does not constitute approval of any signs; sign permits are required and must be submitted separately. Plans must be revised to include an improved direct public entrance from 77th Street to a 77th Street-facing door subject to approval by the City’s Community Development Director. Maximum height of retaining walls and required guard rails may not exceed 36” along the 77th Street sidewalk.Variation of this requirement may be approved by the Community Development Director if the design does not negatively impact pedestrian experience along 77th Street.Retaining walls must meet clear zone requirements of the Public Works Department. Site lighting must meet Code requirements after normal operating hours or 9:00 p.m.(whichever is earlier).Lighting, as proposed, is acceptable during operating hours. Impervious surface limits may not be exceeded unless alternative environmentally-friendly system installed (e.g. green roof or roof -top solar array). While not a legal requirement, applicant should acknowledge their desire to continue exploring options for addressing any future issue related to loss of access for the adjacent property at 1600 78th Street East). All new utility service must be underground. All utilities must be screened from public view. Final 77th Street pedestrian lighting plan must be approved by the Public Works Director. A Maintenance Agreement related to lighting must be recorded prior to the issuance of a Certificate of Occupancy. Final landscaping plans must be approved by th e Directors of Public Works, Community Development and Mn-DOT (where applicable). Full site irrigation, including boulevards, is required. The property owner is responsible for the ongoing maintenance and tending of all landscaping in accordance with approved plans. A Construction and Maintenance Agreement must be recorded prior to the issuance of a final Certificate of Occupancy. The applicant is responsible for obtaining all required permits, compliance with all requirements of the City’s Administrative Review Committee,and compliance with all other City and State regulations. Minnesota Department of Transportation review required. Applicant must obtain all required permits for work in State right -of-way. Final stormwater management plan must be approved by Public Works Director.Infiltration not allowed in high-vulnerability wellhead protection area. Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. As-builts or $7,500 cash escrow must be submitted to the Public Works Department prior to issuance of a final certificate of occupancy. 4.The approved planned unit development, final development plan and conditional use permit shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordin ance, Section 547.09, Subd. 9. 5.The approved planned unit development, final development plan and conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal o peration of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of January, 2018 Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk EXHIBIT A The North 180.26 feet of the West 490 feet of the South ½ of the Southeast Quarter of the Southeast Quarter; That part of the West 330 feet of the South ½ of the Southeast Quarter of the Southeast Quarter lying South of the North 180.26 feet thereof; All in Section 35, Township 28, Range 24. Hennepin County, Minnesota Exhibit B Required Findings Part 1:The following findings are necessary for approval of a PUD application (542.09 Subd.3): 1.The proposed development conforms to the goals and objectives of the City’s Comprehensive Plan and any applicable redevelopment plans .The property is designated as Regional Commercial in the Comprehensive Plan and is within the I-494 Corridor Master Plan area. The proposed plans meet the following objectives of these plans: a.The proposal is for a regional commercial uses that will attract users from throughout the Twin Cities area; b.The proposal is economically viable; c.The proposal improves walkability and provides public art in order to make the area more unique and interesting; d.The proposed building fronts 77th Street and will provide an entry and interesting shop windows and seating areas adjacent to a major pedestrian pathway; and e.The proposed use will reduce surface parking adjacent to 77th Street. 2.The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries.This requirement is met. 3.The development is in substantial conformance wi th the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development .The proposed development is consistent with the following desires for the Mixed Use Districts: a.The proposal adapts to existing/anticipated market and transportation changes; b.The proposal provides appropriate transitions between uses; c.The proposal provides greater pedestrian and bicycle access and connections; d.The proposal is well-landscaped and provides attractive public and private spaces with a pedestrian and bicycle -friendly character and environment by minimizing surface parking and enhancing the pedestrian corridor with a building that is pulled up to 77th Street and includes attractive street level architecture; and e.The proposal includes high quality architectural design and materials. 4.The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development.The Public Works Department has reviewed the proposal and that adequate services are or will be available. 5.The development will not have undue adverse impacts on neighboring properties.No undue adverse impacts are anticipated. 6.The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest.This requirement is met. Part 2:All uses are conditional uses in the PC-2 District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1.The proposed use is consistent with the goals, policies, and objectives of the City’s Comprehensive Plan.See above: Part 1, #1. 2.The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use.The purpose of planned unit development regulations is to provide an opportunity for innovative and creative development, while assuring that the development will complement existing neighborhood character. The proposed development meets the objectives identified in Part 1, #3 above and the Council finds that flexibility available through a planned unit development is warranted. 3.The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines.The design improves upon the existing building in many ways, including moving the building up to 77th Street. 4.The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code.The proposal will be more compliant with a number of performance standards. The Council finds that those not met are justified by the overall development. 5.The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements.The Public Works Department has reviewed the proposal and adequate services are or will be available. 6.The use will not have undue adverse impacts on the public health, safety, or welfare.No undue adverse impacts are anticipated. 7.There is a public need for such use at the proposed location .The proposal will increase the City’s tax base, provide additio nal jobs, and create opportunities for partnerships with Richfield schools. 8.The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit .This requirement is met. SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-C2-EXCND.dwgC2.01EXISTINGCONDITIONS1.SUBJECT PROPERTIES ADDRESS IS 1550 78TH ST E, RICHFIELD, MN 55423, ITS PROPERTYIDENTIFICATION NUMBER IS 3502824440010.TOTAL = 244,923 SQUARE FEET OR 5.623 ACRES (EXCLUDING INTERSTATE HIGHWAY 494 EASEMENT)GROSS = 165,887 SQUARE FEET OR 3.808 ACRES (EXCLUDING ROADS AND ROAD EASEMENTS)NET = 139,628 SQUARE FEET OR 3.205 ACRES (DOES NOT INCLUDE EASEMENTSFOR STREET AND HIGHWAY RIGHT-OF WAYS)(PER FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE COMMITMENTNO. NCS-848094-MPLS, COMMITMENT DATE MAY 01, 2017)THE NORTH 180.26 FEET OF THE WEST 490 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OFTHE SOUTHEAST QUARTER;THAT PART OF THE WEST 330 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHEASTQUARTER LYING SOUTH OF THE NORTH180.26 FEET THEREOF;ALL IN SECTION 35, TOWNSHIP 28, RANGE 24, HENNEPIN COUNTY, MINNESOTA.TORRENS PROPERTY-CERTIFICATE OF TITLE NO. 13111802.THE SURVEY IS BASED ON THE ALTA/NSPS LAND TITLE PREPARED BY SUNDE LAND SURVEYING DATEDMAY 24, 2017.3.FIELD WORK WAS COMPLETED BY SUNDE LAND SURVEYING ON MAY 8, 2017.FOUND MONUMENTSET MONUMENTMARKED LS 47481ELECTRIC METERLIGHTSANITARY SEWERSTORM SEWERWATERMAINFLARED END SECTIONELECTRIC TRANSFORMERAIR CONDITIONERGUY ANCHORHANDICAP STALLUTILITY POLEPOSTSIGNTELEPHONE PEDESTALGAS METEREASEMENT LINESETBACK LINERESTRICTED ACCESSBUILDING LINEBUILDING CANOPYCONCRETE CURBBITUMINOUS SURFACECONCRETE SURFACELANDSCAPE SURFACEDECIDUOUS TREECONIFEROUS TREEOVERHEAD WIRECHAIN LINK FENCEIRON FENCEWIRE FENCEWOOD FENCE1.THE VERTICAL DATUM IS BASED ON NGVD29:BENCHMARK #1TOP OF TOP NUT OF FIRE HYDRANT SW QUADRANT OF EAST 77TH STREET & BLOOMINGTON AVENUESOUTH.ELEVATION = 832.21 FEETBENCHMARK #2TOP OF TOP NUT OF FIRE HYDRANT NW QUADRANT OF EAST 78TH STREET & BLOOMINGTON AVENUESOUTH.ELEVATION = 833.61 FEETBENCHMARK #3TOP OF TOP NUT OF FIRST FIRE HYDRANT SOUTH SIDE OF EAST 77TH STREET, EAST OF BLOOMINGTONAVENUE SOUTHELEVATION = 825.82 FEETLEGENDDESCRIPTIONPROPERTY SUMMARYBENCHMARKSSURVEY NOTES SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847Registration No.I hereby certify that this plan, specification orreport was prepared by me or under my directsupervision and that I am a duly licensedprofessional ENGINEER under the laws of the stateof Minnesota.If applicable, contact us for a wet signed copy of thisplan which is available upon request at Sambatek's,Minnetonka, MN office.Date:44579Brady D. Busselman07/28/2017PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-C3-SITE.dwgC3.01SITE PLANAREAGROSS SITE AREAZONINGEXISTING ZONINGPROPOSED ZONINGBUILDING REQUIREMENTSBUILDING FOOTPRINTBUILDING LOT COVERAGEPARKINGSURFACE PARKING STALLS PROVIDEDSTRUCTURE PARKING STALLS PROVIDEDTOTAL PARKING PROVIDEDIMPERVIOUS COVERAGEEXISTING IMPERVIOUS AREAEXISTING IMPERVIOUS PERCENTAGEPROPOSED IMPERVIOUS AREAPROPOSED IMPERVIOUS PERCENTAGEIMPERVIOUS COVERAGE CONSIDERATIONSPERMEABLE PAVER AREAPLAZA AREAPROPOSED IMPERVIOUS (EXCLUDING PLAZA, AND PERMEABLE PAVERS)USABLE OPEN SPACEUSABLE OPEN SPACE AREAUSABLE OPEN SPACE AREA PERCENTAGE1.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT.2.ALL DIMENSIONS SHOWN ARE TO THE FACE OF CURB TO FACE OF CURB UNLESS OTHERWISE NOTED.3.KEdZdKZ^,>>Zs/tWsDEd'Z/EdEKE^dZhd͞'hddZKhd͟t,ZtdZZ/E^tz&ZKDhZ͘>>Kd,ZZ^^,>>KE^dZhd^͞'hddZ/E͟hZ͘COORDINATE WITH GRADING CONTRACTOR.4.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.5.ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED.6.CONTRACTOR SHALL REFER TO ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OFEXIT PORCHES, RAMPS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCELOCATIONS.7.SEE ARCHITECTURAL PLANS FOR PYLON SIGN DETAILS8.SEE ARCHITECTURAL PLANS FOR LIGHT POLE FOUNDATION DETAIL AND FOR EXACT LOCATIONS OF LIGHTPOLE.9.REFER TO FINAL PLAT FOR LOT BOUNDARIES, LOT NUMBERS, LOT AREAS, AND LOT DIMENSIONS.10.ALL GRADIENTS ON SIDEWALKS ALONG THE ADA ROUTE SHALL HAVE A MAXIMUM LONGITUDINAL SLOPEOF 5% (1:20), EXCEPT AT CURB RAMPS (1:12), AND A MAXIMUM CROSS SLOPE OF 2.08% (1:48). THEMAXIMUM SLOPE IN ANY DIRECTION ON AN ADA PARKING STALL OR ACCESS ISLE SHALL BE 2.08% (1:48).THE CONTRACTOR SHALL REVIEW AND VERIFY THE GRADIENT IN THE FIELD ALONG THE ADA ROUTESPRIOR TO PLACING CONCRETE OR BITUMINOUS PAVEMENT. THE CONTRACTOR SHALL NOTIFY THEENGINEER IMMEDIATELY IF THERE IS A DISCREPANCY BETWEEN THE GRADIENT IN THE FIELD VERSUS THEDESIGN GRADIENT AND COORDINATE WITH GRADING CONTRACTOR.11."NO PARKING" SIGNS SHALL BE PLACED ALONG ALL DRIVEWAYS AS REQUIRED BY CITY.LEGENDEASEMENTCURB & GUTTERBUILDINGRETAINING WALLSAWCUT LINENUMBER OF PARKINGSTALLS PER ROWSIGNPIPE BOLLARDSTANDARD DUTYASPHALT PAVINGCONCRETE PAVINGPROPERTY LIMITEXISTINGPROPOSEDKEY NOTEDEVELOPMENT SUMMARYDEVELOPMENT NOTESKEY NOTESWETLAND LIMITSTREELINEA.BUILDING DOORS, STOOPS, STAIRS SEE ARCHITECTURAL PLANSB.MEET AND MATCH EXISTING CURB & GUTTERC.B-612 CONCRETE CURB AND GUTTERD.CONCRETE APRONE.FLAT CURB SECTIONF.CONCRETE WALKG.ELECTRIC VEHICLE CHARGING, SEE ARCHITECTURAL PLANSH.MONUMENT SIGNAGE, SEE ARCHITECTURE PLANSI.ADA SIGNAGE IN BOLLARDJ.MEET AND MATCH EXISTING SIDEWALKK.ADA PEDESTRIAN RAMPL.BIKE RACKM.PLAZA, SEE LANDSCAPE PLAN FOR DETAILSN.RETAINING WALLO.RAILINGP.ADA ROUTEQ.STEPS139,628 SF3.21 ACMU-R PUD58,485 SF 41.9%126 STALLS148 STALLS274 STALLS104,215 SF 75%123,245 SF 88%5,314 SF (4%)2,558 SF (2%)115,373 SF (82%)8,319 SF 6%THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINEDACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTINGSUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTINGUTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THECONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BYHIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD).IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE,INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSEDIMPROVEMENTS SHOWN ON THE PLANS.CONCRETE SIDEWALKPERMEABLE PAVERSUSABLE OPEN SPACE SCALE IN FEET06030ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-L1-LAND.dwgL1.01LANDSCAPEPLANTHE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL XX. THIS QUALITY LEVEL WAS DETERMINEDACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTINGSUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTINGUTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THECONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BYHIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD).IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE,INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER.IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSEDIMPROVEMENTS SHOWN ON THE PLANS.QUANTITY REQUIRED:i.ONE (1) TREE PER 2,500 SQUARE FEET OF DEVELOPABLE LANDSCAPING AREA; ANDii.ONE (1) SHRUB PER 1,000 SQUARE FEET OF DEVELOPABLE LANDSCAPING AREADEVELOPABLE LANDSCAPING AREA IS DEFINED AS THE TOTAL AREA OF A DEVELOPMENT SITE OR PHASE MINUSTHE PORTION OF THAT AREA WITHIN A NATURAL WATER BODY OR A PROTECTED WETLAND.DEVELOPABLE LAND ON SITE= 139,629 SQ. FT.PLANT TYPEREQUIREDPROVIDEDTREES 56 69SHRUBS 140 832RICHFIELD, MN LANDSCAPE CODETREESCODEBOTANICAL NAME / COMMON NAMECONTCALQTYJMAcer rubrum `Bailcraig` / Scarlet Jewell MapleB & B2.5"Cal11DPBetula platyphylla `Fargo` TM / Dakota Pinnacle BirchB & B2"Cal9GBGinkgo biloba `Autumn Gold` TM / Maidenhair TreeB & B2.5"Cal8IHGleditsia triacanthos `Imperial` / Imperial HoneylocustB & B2.5"Cal9HLGleditsia triacanthos `Skyline` / Skyline Honey LocustB & B2.5"Cal7SOQuercus bicolor / Swamp White OakB & B2.5"Cal8BLTilia americana `Boulevard` / Boulevard LindenB & B2.5"Cal5PEUlmus americana `Princeton` / American ElmB & B3.5" Cal4ORN. TREESCODEBOTANICAL NAME / COMMON NAMECONTCALQTYSBAmelanchier canadensis `Autumn Brilliance` / Autumn Brilliance ServiceberryB & B2"Cal5PFMalus x `Prairifire` / Prairifire Crab AppleB & B2"Cal3SHRUBSCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYBCAronia melanocarpa `Autumn Magic` / Autumn Magic Black Chokeberry5 gal6BXBuxus x `Chicagoland Green` TM / Glencoe Boxwood10 gal53BHDiervilla lonicera / Dwarf Bush Honeysuckle5 gal44CEEuonymus alatus `Compactus` / Compact Burning Bush5 gal16LHHydrangea paniculata `Jane` / Little Lime Hydrangea5 gal63MJJuniperus chinensis `Mint Julep` / Mint Julep Juniper5 gal55GLRhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac5 gal44RRRosa x `Radtko` / Double Knock Out Rose1 gal3`x3`62GSSpiraea japonica `Goldflame` / Spirea5 gal54LBSyringa x `Bloomerang` / Lilac5 gal77TyTaxus x media `Tauntonii` / Tauton Yew5 gal44TAThuja occidentalis `Bail John` / Technito Arborvitae5`44CVViburnum opulus `Compactum` / Compact European Cranberrybush5 gal11GRASSESCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYKFGCalamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass1 gal46PDSSporobolus heterolepis / Prairie Dropseed1 gal73PERENNIALSCODEBOTANICAL NAME / COMMON NAMECONTH` X W`QTYBDLHemerocallis x `Baja` / Baja Daylily1 gal26BESRudbeckia fulgida `Goldstrum` / Black Eyed Susan1 gal26AFSSedum x `Autumn Fire` / Autumn Fire Sedum1 gal61GROUND COVERSCODEBOTANICAL NAME / COMMON NAMEQTYTUR HIGTurf Sod Highland Sod / Sod12,069 sfPLANT SCHEDULELANDSCAPE LEGENDDOUBLE SHREDDED HARDWOOD MULCH - NATURAL COLOR, 4" DEPTHNOT USED 12STEEL EDGERPLANT MATERIAL SIZE REQUIREMENTS:SHRUBS:5 GAL.ORNAMENTAL TREES: 1.5" CALIPEROVERSTORY TREES:9 TREES OR FEWER: 2.5" CALIPERMORE THAN 9 TREES:TREE SIZES WILL BE ADJUSTED TO MEETCODE FOR 3 STORY BUILDING AFTERPRELIMINARY APPROVALSOD3 UNDERGROUND STORAGEHWL = 821.4923ProjectLocationCertificationSheet TitleSummaryRevision HistorySheet No.RevisionProject No.DateSubmittal / RevisionNo.ByDesigned:Drawn:Approved:Book / Page:Phase:Initial Issued:ClientMORRIE'SAUTOMOTIVEGROUPMORRIE'SJAGUARLAND ROVERRICHFIELD,MINNESOTAJEBJEBBDBPRELIMINARY07/28/201720847PRE L IM INAR Y09/07/17JEBOFF-SITE DRAINAGE11/16/17JEBCITY RE-SUBMITTAL12/21/17JEBCITY RE-SUBMITTAL Dec 21, 2017 - 11:15am - User:jbalzer L:\PROJECTS\20847\CAD\Civil\Sheets\20847-L1-LAND.dwgL2.01LANDSCAPEDETAILSGENERAL NOTES:1.THE CONTRACTOR SHALL INSPECT THE SITE AND BECOME FAMILIAR WITH THE EXISTINGCONDITIONS RELATING TO THE NATURE AND SCOPE OF THE WORK.2.THE CONTRACTOR SHALL VERIFY PLAN LAYOUT AND BRING TO THE ATTENTION OF THE LANDSCAPEARCHITECT DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN OR INTENT OF THE LAYOUT.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE CODES,REGULATIONS, AND PERMITS GOVERNING THE WORK.4.THE CONTRACTOR SHALL PROTECT EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS ANDSITE ELEMENTS DURING CONSTRUCTION. DAMAGE TO SAME SHALL BE REPAIRED AND/ORREPLACED AT NO ADDITIONAL COST TO THE OWNER.5.LOCATE AND VERIFY ALL UTILITIES, INCLUDING IRRIGATION LINES, WITH THE OWNER FORPROPRIETARY UTILITIES AND GOPHER STATE ONE CALL 48 HOURS BEFORE DIGGING. CONTRACTORSHALL BE RESPONSIBLE FOR THE PROTECTION AND REPAIR OF ANY DAMAGES TO SAME. NOTIFYTHE LANDSCAPE ARCHITECT OF ANY CONFLICTS TO FACILITATE PLANT RELOCATION.6.THE LANDSCAPE CONTRACTOR SHALL COORDINATE THE PHASES OF CONSTRUCTION ANDPLANTING INSTALLATION WITH OTHER CONTRACTORS WORKING ON SITE.7.THE CONTRACTOR SHALL REVIEW THE SITE FOR DEFICIENCIES IN SITE CONDITIONS WHICH MIGHTNEGATIVELY AFFECT PLANT ESTABLISHMENT, SURVIVAL OR WARRANTY. UNDESIRABLE SITECONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TOBEGINNING OF WORK.8.THE PLAN TAKES PRECEDENCE OVER THE LANDSCAPE LEGEND IF DISCREPANCIES EXIST.QUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.9.THE SPECIFICATIONS TAKE PRECEDENCE OVER THE PLANTING NOTES AND GENERAL NOTES.10.EXISTING TREES AND SHRUBS TO REMAIN SHALL BE PROTECTED TO THE DRIP LINE FROM ALLCONSTRUCTION TRAFFIC, STORAGE OF MATERIALS ETC. WITH 4' HT. ORANGE PLASTIC SAFETYFENCING ADEQUATELY SUPPORTED BY STEEL FENCE POSTS 6' O.C. MAXIMUM SPACING.11.LONG-TERM STORAGE OF MATERIALS OR SUPPLIES ON-SITE WILL NOT BE ALLOWED.12.CONTRACTOR SHALL REQUEST IN WRITING, A FINAL ACCEPTANCE INSPECTION.PLANTING NOTES:1.NO PLANTS SHALL BE INSTALLED UNTIL FINAL GRADING AND CONSTRUCTION HAS BEENCOMPLETED IN THE IMMEDIATE AREA.2.A GRANULAR PRE-EMERGENT HERBICIDE SHALL BE APPLIED TO ALL PLANT BEDS AT THEMANUFACTURERS RECOMMENDED RATE PRIOR TO PLANT INSTALLATION.3.ALL PLANTING STOCK SHALL CONFORM TO THE "AMERICAN STANDARD FOR NURSERY STOCK,"ANSI-Z60, LATEST EDITION, OF THE AMERICAN ASSOCIATION OF NURSERYMEN, INC. AND SHALLCONSTITUTE MINIMUM QUALITY REQUIREMENTS FOR PLANT MATERIALS.4.OVERSTORY TREES SHALL BEGIN BRANCHING NO LOWER THAN 6' ABOVE PAVED SURFACES.5.ALL PLANTS MUST BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE AND BECONTAINER GROWN OR BALLED AND BURLAPPED AS INDICATED IN THE LANDSCAPE LEGEND.6.PLANT MATERIALS TO BE INSTALLED PER PLANTING DETAILS.7.ALL TREES MUST BE STRAIGHT TRUNKED AND FULL HEADED AND MEET ALL REQUIREMENTSSPECIFIED.8.THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT ANY PLANTS WHICH ARE DEEMEDUNSATISFACTORY BEFORE, DURING, OR AFTER INSTALLATION.9.NO SUBSTITUTIONS OF PLANT MATERIAL SHALL BE ACCEPTED UNLESS APPROVED IN WRITING BYTHE LANDSCAPE ARCHITECT.10.ALL PLANT MATERIAL QUANTITIES, SHAPES OF BEDS AND LOCATIONS SHOWN ARE APPROXIMATE.CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COVERAGE OF ALL PLANTING BEDS ATSPACING SHOWN AND ADJUSTED TO CONFORM TO THE EXACT CONDITIONS OF THE SITE. THELANDSCAPE ARCHITECT SHALL APPROVE THE STAKING LOCATION OF ALL PLANT MATERIALS PRIORTO INSTALLATION.11.ALL PLANTING AREAS MUST BE COMPLETELY MULCHED AS SPECIFIED.12.MULCH: SHREDDED HARDWOOD MULCH, CLEAN AND FREE OF NOXIOUS WEEDS OR OTHERDELETERIOUS MATERIAL, IN ALL MASS PLANTING BEDS AND FOR TREES, UNLESS INDICATED ASROCK MULCH ON DRAWINGS. SUBMIT SAMPLE TO LANDSCAPE ARCHITECT PRIOR TO DELIVERYON-SITE FOR APPROVAL. DELIVER MULCH ON DAY OF INSTALLATION. USE 4" FOR SHRUB BEDS,AND 3" FOR PERENNIAL/GROUND COVER BEDS, UNLESS OTHERWISE DIRECTED.13.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MULCHES AND PLANTING SOIL QUANTITIES TOCOMPLETE THE WORK SHOWN ON THE PLAN.14.USE ANTI-DESICCANT (WILTPRUF OR APPROVED EQUAL) ON DECIDUOUS PLANTS MOVED IN LEAFAND FOR EVERGREENS MOVED ANYTIME. APPLY AS PER MANUFACTURER'S INSTRUCTION. ALLEVERGREENS SHALL BE SPRAYED IN THE LATE FALL FOR WINTER PROTECTION DURING WARRANTYPERIOD.14.PLANTING SOIL FOR TREES, SHRUBS AND GROUND COVERS: FERTILE FRIABLE LOAMCONTAINING A LIBERAL AMOUNT (4% MIN.) OF HUMUS AND CAPABLE OF SUSTAININGVIGOROUS PLANT GROWTH. IT SHALL COMPLY WITH MNDOT SPECIFICATION 3877 TYPE BSELECT TOPSOIL. MIXTURE SHALL BE FREE FROM HARDPACK SUBSOIL, STONES,CHEMICALS, NOXIOUS WEEDS, ETC. SOIL MIXTURE SHALL HAVE A PH BETWEEN 6.1 AND 7.5AND 10-0-10 FERTILIZER AT THE RATE OF 3 POUNDS PER CUBIC YARD. IN PLANTING BEDSINCORPORATE THIS MIXTURE THROUGHOUT THE ENTIRE BED IN A 6" LAYER ANDROTO-TILLING IT INTO THE TOP 12" OF SOIL AT A 1:1 RATIO.ANY PLANT STOCK NOT PLANTEDON DAY OF DELIVERY SHALL BE HEELED IN AND WATERED UNTIL INSTALLATION. PLANTS NOTMAINTAINED IN THIS MANNER WILL BE REJECTED.15.ALL PLANTS SHALL BE GUARANTEED FOR TWO COMPLETE GROWING SEASONS (APRIL 1 -NOVEMBER 1), UNLESS OTHERWISE SPECIFIED. THE GUARANTEE SHALL COVER THE FULL COST OFREPLACEMENT INCLUDING LABOR AND PLANTS.16.CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT AT LEAST 3 DAYS PRIOR TO PLANNEDDELIVERY. THE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT AT LEAST 24 HOURS INADVANCE OF BEGINNING PLANT INSTALLATION.17.SEASONS/TIME OF PLANTING AND SEEDING: NOTE: THE CONTRACTOR MAY ELECT TO PLANT INOFF-SEASONS ENTIRELY AT HIS/HER RISK. DECIDUOUS17.1.POTTED PLANTS: 4/1 - 6/1; 9/21 - 11/117.2.DECIDUOUS /B&B: 4/1 - 6/1; 9/21 - 11/117.3.EVERGREEN POTTED PLANTS: 4/1 - 6/1; 9/21-11/117.4.EVERGREEN B&B: 4/1 - 5/1; 9/21 - 11/1 17.5.TURF/LAWN SEEDING: 4/1 - 6/1; 7/20 - 9/2017.6.NATIVE MIX SEEDING: 4/1 - 7/20; 9/20-10/2018.MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PORTION OF THE WORK IS IN PLACE.PLANT MATERIAL SHALL BE PROTECTED AND MAINTAINED UNTIL THE INSTALLATION OF THEPLANTS IS COMPLETE, INSPECTION HAS BEEN MADE, AND PLANTINGS ARE ACCEPTED EXCLUSIVEOF THE GUARANTEE. MAINTENANCE SHALL INCLUDE WATERING, CULTIVATING, MULCHING,REMOVAL OF DEAD MATERIALS, RE-SETTING PLANTS TO PROPER GRADE AND KEEPING PLANTS INA PLUMB POSITION. AFTER ACCEPTANCE, THE OWNER SHALL ASSUME MAINTENANCERESPONSIBILITIES. HOWEVER, THE CONTRACTOR SHALL CONTINUE TO BE RESPONSIBLE FORKEEPING THE TREES PLUMB THROUGHOUT THE GUARANTEE PERIOD.19.ANY PLANT MATERIAL WHICH DIES, TURNS BROWN, OR DEFOLIATES (PRIOR TO TOTALACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITHMATERIAL OF THE SAME SPECIES, QUANTITY, AND SIZE AND MEETING ALL LANDSCAPE LEGENDSPECIFICATIONS.20.WATERING: MAINTAIN A WATERING SCHEDULE WHICH WILL THOROUGHLY WATER ALL PLANTSONCE A WEEK. IN EXTREMELY HOT, DRY WEATHER, WATER MORE OFTEN AS REQUIRED BYINDICATIONS OF HEAT STRESS SUCH AS WILTING LEAVES. CHECK MOISTURE UNDER MULCH PRIORTO WATERING TO DETERMINE NEED. CONTRACTOR SHALL MAKE THE NECESSARYARRANGEMENTS FOR WATER.TURF NOTES:TURF ESTABLISHMENT SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONSOF THE MN/DOT 2105 AND 2575 EXCEPT AS MODIFIED BELOW:1.ALL AREAS TO RECEIVE SOD SHALL ALSO RECEIVE 4" OF TOPSOIL PRIOR TOINSTALLING SOD. TOPSOIL SHALL BE FREE OF TREE ROOTS, STUMPS, BUILDING MATERIAL,AND TRASH, AND SHALL BE FREE OF STONES LARGER THAN 1 12" INCHES IN ANY DIMENSION.2.WHERE SOD ABUTS PAVED SURFACES, FINISHED GRADE OF SOD/SEED SHALL BE HELD 1" BELOWSURFACE ELEVATION OF TRAIL, SLAB, CURB, ETC.3.SOD SHALL BE LAID PARALLEL TO THE CONTOURS AND SHALL HAVE STAGGERED JOINTS. ONSLOPES STEEPER THAN 3:1 OR IN DRAINAGE SWALES, SOD SHALL BE STAKED SECURELY.4.TURF ON ALL OTHER AREAS DISTURBED BY CONSTRUCTION SHALL BE RESTORED BY SEEDING,MULCHING AND FERTILIZING. SEED MIXTURE NO.25-121 (FORMERLY MnDOT 240) WILL BEPLACED AT THE RATE OF 70 POUNDS PER ACRE.5.ALL DISTURBED AREAS TO BE TURF SEEDED, ARE TO RECEIVE 4" TOP SOIL, SEED, MULCH, ANDWATER UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. FOR SLOPES STEEPER THAN 3:1 OR INDRAINAGE SWALES INSTALL EROSION CONTROL BLANKET.6.ALL DISTURBED AREAS TO RECEIVE NATIVE SEED, ARE TO RECEIVE PLANTING SOIL, SEED, MULCH,AND WATER UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. FOR SLOPES STEEPER THAN 3:1 ORIN DRAINAGE SWALES INSTALL EROSION CONTROL BLANKET.IRRIGATION NOTES:1.IRRIGATION SYSTEM TO BE DESIGN/BUILD. CONTRACTOR TO SUBMIT SHOP DRAWINGSFOR APPROVAL OF SYSTEM LAYOUT PRIOR TO INSTALLATION.2.ALL SOD TO RECEIVE SPRAY OR ROTOR IRRIGATION HEADS WITH MINIMUM DESIGN OF1" IRRIGATION PER WEEK.3.ALL PLANT BEDS TO RECEIVE DRIP LINE IRRIGATION , WITH A MINIMUM DESIGN OF .25"IRRIGATION PER WEEK.4.CONTRACTOR TO INSTALL A TOTAL OF 4 QUICK COUPLERS AT THE CORNERS OF THEPROPERTY. A 2.5" TYPE K SOURCE PIPE IS PROVIDED BY MECHANICAL.NOTESPROVIDE & INSTALL RODENT PROTECTION1/2" HARDWIRE CLOTH, MESH CYLINDER, 8" DIA ORGREATER X 36" HT.. STAKE IN PLACEINSTALL TREE WITH ROOT FLARE VISIBLE AT TOP OFTHE ROOT BALL. REMOVE SOIL IN LEVEL MANNER FROMTOP OF ROOT BALL TO EXPOSE 1ST 1/2" OR LARGER MAINORDER ROOT IF NEEDED. SET ROOT BALL WITH MAINORDER ROOT 1" ABOVE ADJACENT GRADE. DO NOTCOVER TOP OF ROOT BALL WITH SOIL.PLACE NO MULCH IN CONTACT WITH TREE TRUNKREMOVE BURLAP, TWINE, ROPE AND WIRE FROMTOP HALF OF ROOT BALLBUILD 4" HIGH EARTH SAUCER BEYOND EDGE OFROOT BALLEDGE CONDITION VARIESPLACE ROOT BALL ON UNDISTURBED ORCOMPACTED SOILSCARIFY SIDES OF TREE PIT WITH SPADE BY HANDTO BIND WITH PREPARED SOILPLANTING SOIL, REFER TO SPECIFICATIONS, COMPACT TO 85%OF MAX. DRY UNIT WEIGHT ACCORDING TO ASTM D 698TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOTPRESSURE SO THAT ROOT BALL DOES NOT SHIFTDIG PLANTING PIT 4" TO 6"DEEPER THAN ROOT BALLUNDISTURBEDSUBGRADENOTE:CONTRACTOR SHALL MAINTAIN TREES IN A PLUMBPOSITION THROUGHOUT THE WARRANTY PERIOD. IFSTAKING IS REQUIRED BY SITE CONDITIONS,CONTRACTOR TO USE 2 OR 3 STAKE METHOD WITH 1"WEBBING AROUND TRUNK OF THREE (NO WIRE ORCABLING TO BE USED)WRAP TREE TRUNKS ONLY UPON APPROVAL BYLANDSCAPE ARCHITECT11TREE PLANTING DETAILNTSL2.011INSTALL 2" LAYER OF MULCH, DO NOT PLACE INCONTACT W/ SHRUB STEMAPPLY PRE-EMERGENT HERBICIDEEDGE CONDITION VARIESEDGER, REFER TO PLAN AND SPECIFICATIONLOOSEN ROOTS OF CONTAINER GROWN PLANTSEXCAVATE PLANT BED MIN. 4" DEEPER THANROOT BALL HT.SCARIFY SIDES AND BOTTOM OF PLANTING BEDWITH SPADEUNDISTURBED SUBGRADESHRUB PLANTING DETAILNTSL2.012INSTALL 1" LAYER OF SHREDDED HARDWOOD MULCH OR 2"LAYER OF FINELY SHREDDED HARDWOOD MULCH. DO NOTPLACE IN CONTACT WITH PLANTEDGE CONDITION VARIESEDGER, REFER TO PLAN AND SPECIFICATIONLOOSEN ROOTS OF CONTAINER GROWN PLANTSPLANTING SOILSCARIFY SIDES AND BOTTOM OF PLANTING BED WITH SPADEUNDISTURBED SUBGRADENOTE:REFER TO EXTERIOR PLANTING SPECIFICATIONPERENNIAL PLANTING DETAILNTSL2.013 UPUPUPUPUPJLR 34,972 SF7 STALLS25 STALLSRAMP UP4 STALLSSERVICE RECEPTION7 STALLS15 STALLSSIGNSIGN14 STALLS20 STALLS9 STALLS12 STALLS14 STALLSSOLAR CHARGING STATION(CANOPY SYSTEM)BIKE RACKINDOOR VEHICLE DISPLAY 20,865 SF6'-0"EAST 77TH STREETBLOOMINGTON AVENUE SOUTHEAST 78TH STREET13'-8"COORDINATESCREENING WITH UTILITY COMPANYROOF SCREEN AREA:ALL ROOF TOP EQUIPMENT SHALL BE PLACED WITHIN THIS AREA TO ALLOW FOR SCREENING BY PARAPET WALL.Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:30:44 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-0.1BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1" = 30'-0"A-0.11SITE PLANAPPROX. SURFACE STALLS 127APPROX. PARKING STRUCTURE STALLS 148PARKINGTOTAL STALLS275JRL FINISHED 34,972 SF1ST FLOOR PARKING STRUCTURE20,865 SF BUILDING AREA2ND FLOOR PARKING STRUCTURE52,851 SF TOTAL AREA111,336 SF OVERALL SITE SF 139,628 SFBUILDING FOOTPRINT 58,485 SFSITE AREABUILDING LOT COVERAGE 41.9% SOLAR CHARGING STATION CANOPY STRUCT.2,648 SF 1" = 30'-0"A-0.12ROOF PLAN- SCREEN AREA UPUP ELEV VEHICLE HANDOVER VEHICLE HANDOVER ELEC. GENERAL OFFICE CPO MGR SALES MGR M. TOI. W. TOI. SERVICE RECEPTION TECHBREAK RM W. TECH M. TECHOIL/FLUIDS/ COMP PARTS PARTS. MGR SPECIAL TOOLS 21 BAYS SERVICE DEPARTMENT SALES SALES SALES GM JAN.SERV. MGRRETAIL/CASHIERRAMP DETAIL CAR WASH WASHEQUIP.TOOL STORAGEMECH INDOOR VEHICLE DISPLAY CONSULT. CONSULT. SERVICE ADVISORS 1 32 SHOWROOM LOADING DOORSSHOWROOM LOADING DOORSVEST. RAMP DN HIGHWAY DISPLAY ELEV. ROOF BELOW RAMP STORAGEFEATURED VEHICLE SHOWROOM OPEN SALES/ CONSULT ATTEND. OFFICE INDOOR VEHICLE DISPLAY Reproducing Is Prohibited. Return Upon Request. ©Copyright. This Print/Computer File Gries Architectural Group, Inc. Use Only For Purpose Which Loaned. Copying Or Is The Exclusive Property Of date: job: d. by: rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design11/16/2017 9:13:19 AMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR-topo -.rvtA-1.1 BJG, LCF, KJF 11/15/17 17-023A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/16" = 1'-0"A-1.1 1 FIRST FLOOR PLAN 1/16" = 1'-0"A-1.1 2 SECOND FLOOR 1 = 6'-10 11/16" 2 = 23'-7 7/16" 3 = 6'-10 11/16" TOTAL = 24% OF FRONT FACADE FACADE ARTICULATION FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"43'-0"48'-0"SECOND FLOOR112' - 0"FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"43'-0"48'-0"SECOND FLOOR112' - 0"Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:37:59 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-4.2BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/16" = 1'-0"A-4.21WEST ELEVATION 1/16" = 1'-0"A-4.22EAST ELEVATIONA-4.23SW PERSPECTIVE VIEW FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"48'-0"24'-2"SECOND FLOOR112' - 0"FIRST FLOOR100' - 0"THIRD FLOOR123' - 0"SECOND FLOOR112' - 0"Reproducing Is Prohibited. Return Upon Request.©Copyright. This Print/Computer FileGries Architectural Group, Inc.Use Only For Purpose Which Loaned. Copying OrIs The Exclusive Property Ofdate:job:d. by:rev.:GriesArchitectural Group Inc.500 North Commercial StreetNeenah, Wisconsin 54956Phone: 920-722-2445 Fax: 920-722-6605www.gries.design12/21/2017 1:40:01 PMZ:\2017\17-023 Morries JLR\17-023 Revit\17-023 Morries JLR.rvtA-4.1BJG, LCF, KJF11/15/1717-02312/21/17A NEW AUTOMOTIVE FACILITY FOR:MORRIES JAGUAR LAND ROVERRICHFIELD, MINNESOTA 1/8" = 1'-0"A-4.11NORTH ELEVATION 1/8" = 1'-0"A-4.12SOUTH ELEVATIONA-4.13NE PERSPECTIVE VIEW 4.86.67.87.06.67.08.08.77.67.07.28.17.67.07.28.17.67.07.28.18.77.56.97.17.98.57.37.27.78.47.60.75.16.47.07.17.17.37.78.07.77.57.57.88.07.77.57.57.88.07.77.57.57.88.07.77.47.47.67.77.26.96.97.46.50.74.55.05.35.76.06.26.16.26.36.46.46.26.26.36.46.46.26.26.36.46.46.26.26.26.36.26.06.06.25.95.65.64.90.73.83.83.84.24.74.84.64.54.75.15.04.74.64.85.15.04.74.64.85.15.04.74.54.75.05.04.74.84.84.33.73.32.70.72.82.22.42.82.82.62.52.73.03.02.72.62.83.03.02.72.62.83.13.02.72.62.83.13.13.02.92.72.52.21.91.50.62.10.80.91.01.11.01.01.11.21.21.11.11.11.21.21.11.11.11.21.21.11.11.21.31.41.41.31.21.11.00.90.80.50.4 0.48.88.81.71.71.61.11.21.31.51.61.41.41.51.61.51.31.21.22.02.42.52.52.42.83.33.43.12.93.13.43.22.72.42.51.62.23.03.63.94.14.55.05.14.94.84.95.24.94.34.04.11.62.33.34.35.15.55.96.26.46.46.46.46.46.25.75.45.12.33.64.96.37.27.17.27.57.88.17.67.37.37.27.06.02.13.24.56.47.56.96.56.97.97.56.76.77.27.45.80.9 0.98.51.21.21.11.11.11.21.11.00.90.91.61.61.41.31.41.41.21.10.90.72.22.01.81.71.81.61.51.31.10.82.52.62.42.42.32.11.91.71.41.10.63.52.21.71.41.31.82.52.83.03.23.53.43.33.12.72.42.21.81.50.90.33.82.91.91.41.11.01.92.73.03.44.04.44.03.83.93.52.92.62.32.01.20.2 0.24.74.04.64.73.93.74.03.93.43.34.14.95.05.45.24.23.94.24.34.34.34.53.75.46.35.95.75.24.23.93.94.34.95.35.95.07.57.56.45.54.63.53.23.34.05.06.07.17.08.18.06.75.64.32.92.93.95.26.37.67.66.87.66.96.04.52.93.04.35.66.57.26.46.37.36.86.14.83.12.73.24.65.76.46.96.06.47.36.86.04.93.32.83.34.65.76.46.96.06.67.66.96.25.23.83.53.64.55.76.57.26.27.98.17.16.45.64.44.14.24.85.66.57.67.57.87.97.06.86.04.74.44.75.25.76.47.57.46.17.17.07.47.05.75.45.86.26.36.36.75.74.96.06.47.47.97.16.87.06.96.35.85.54.55.56.67.67.77.67.46.85.95.04.65.97.07.87.66.35.44.23.84.85.97.16.95.54.53.52.6 2.68.3 8.32.5 2.63.42.83.12.32.52.52.52.93.02.63.23.22.82.72.92.52.32.32.12.32.01.92.32.01.72.22.01.72.32.01.72.12.01.92.42.52.22.93.02.63.13.22.72.62.72.42.02.11.91.91.71.61.71.61.53.50.20.20.10.10.10.10.20.20.20.20.10.10.10.10.20.40.60.70.60.50.60.70.70.70.50.60.70.70.70.50.60.70.70.70.50.60.70.70.60.50.60.70.70.60.40.30.20.10.10.1 0.2 0.5 0.5 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.3 0.2 0.1 0.1 0.1 0.10.2 0.3 0.4 0.4 0.3 0.2 0.2 0.2 0.4 0.5 0.5 0.5 0.5 0.3 0.10.10.10.20.30.40.50.60.50.40.50.60.60.50.50.50.60.60.50.30.20.20.30.50.8 0.9 0.8 0.7 0.6 0.7 0.8 0.9 0.8 0.7 0.5 0.4 0.4 0.3 0.2 0.10.20.50.60.70.91.01.11.11.00.90.70.50.40.20.10.10.20.30.40.50.70.90.90.80.60.50.60.80.90.80.50.30.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.01.21.2Plan ViewScale - 1" = 30ftScheduleSymbol Label Quantity Manufacturer Catalog Number WattageA14 Lithonia Lighting DSX1 LED 241A-11 Lithonia Lighting DSX1 LED 163B2 Lithonia Lighting DSX1 LED 241C2 Lithonia Lighting DSX1 LED 125StatisticsDescription Symbol Avg Max Min Max/Min Avg/MinEAST2.0 fc 4.7 fc 0.2 fc 23.5:1 10.0:1NORTHEAST5.6 fc 8.3 fc 2.6 fc 3.2:1 2.2:1PERIMETER0.4 fc 1.2 fc 0.0 fc N/A N/ASOUTH2.4 fc 3.5 fc 1.5 fc 2.3:1 1.6:1SOUTHEAST4.3 fc 8.5 fc 0.9 fc 9.4:1 4.8:1WEST4.7 fc 8.8 fc 0.4 fc 22.0:1 11.8:1 UPUPUPUPUPJLR 34,972 SF7 STALLS25 STALLSRAMP UP4 STALLSSERVICE RECEPTION7 STALLS15 STALLSSIGNSIGN14 STALLS20 STALLS9 STALLS11 STALLS14 STALLSSOLAR CHARGING STATION(CANOPY SYSTEM)BIKE RACKINDOOR VEHICLE DISPLAY 20,550 SF6'-0"EAST 77TH STREETBLOOMINGTON AVENUE SOUTHEAST 78TH STREET13'-8"COORDINATESCREENING WITH UTILITY COMPANY3A-0.1PEDESTRIANPATHJLR BOX HEDGEJLR BOX HEDGE12" RETAINING WALL8" RETAINING WALL10'-1"25'-0"2'-0"15'-7"ROOF SCREEN AREA:ALL ROOF TOP EQUIPMENT SHALL BE PLACED WITHIN THIS AREA TO ALLOW FOR SCREENING BY PARAPET WALL.CONC. RETAINING WALLCONC. RETAINING WALLBUILDING LINECONC. WALKPUBLIC SIDEWALKBOX HEDGEGLASS RAILMORRIES JAGUAR LAND ROVER- RICHFIELD, MN 1" = 30'-0"A-0.11SITE PLANAPPROX. SURFACE STALLS 127APPROX. PARKING STRUCTURE STALLS 148PARKINGTOTAL STALLS275JRL FINISHED 34,972 SF1ST FLOOR PARKING STRUCTURE20,550 SF BUILDING AREA3RD FLOOR PARKING STRUCTURE52,536 SF TOTAL AREA120,710 SF OVERALL SITE SF 139,628 SFBUILDING FOOTPRINT 58,170 SFSITE AREABUILDING LOT COVERAGE 41.7% SOLAR CHARGING STATION CANOPY STRUCT.2,648 SF 1" = 30'-0"A-0.12ROOF PLAN- SCREEN AREA 1/4" = 1'-0"A-0.13SECTION AT RETAINING WALL2ND FLOOR JLR OFFICE SPACE10,004 SF AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF REPORT NO. 23 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: J esse S wenson, A ssistant H R Manager D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of the approval of a resolution pertaining to filing of the Pay E quity Report with the Minnesota Management and Budget Depar tment and the approval of a resolution approving the revised 2018 G eneral Services Compensation P lan to reflect the elimination of a step in the G S1 through G S6E pay grades. E X E C UT IV E S UM M ARY: The City has completed its work on the Pay Equity Report for the period ending D ec ember 31, 2017 and requires the Mayor's signature before submission to the State of Minnesota. The data c ompiled for this report is done in acc ordance with strict standards determined by the Minnesota Management and Budget Department and is reported in a summary format for submission to the State. C ompliance is determined on passing a underpayment ratio, salary range test, and exc eptional service pay test. The preliminary results indicate that the C ity is not in compliance with the salary range test as of 12-31-17. However, the State will make an official determination after the report is analy zed. Of the three tests that the State requires a passing sc ore, the C ity only marginally did not pass the salary range test. Because of this, staff is rec ommending revisions to the General S ervices pay plan submitted to the City Counc il for approval. The revised pay plan will eliminate the first pay steps for GS1 through GS6E employ ees, whic h are predominantly female positions. This change to the pay plan will ensure that in future pay equity testing the C ity will be in c omplianc e with the salary range test. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution pertaining to filing of the Pay Equity Repor t with the Minnesota Management and Budget D epartment and adopt a resolution approving the r evised 2018 G eneral Services Compensation Plan. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Minnesota Statutes require that every munic ipality file a report with the Minnesota Management and B udget D epartment, formerly the Minnesota D epartment of Employ ee Relations (D OE R), to indicate equitable pay relationships between female and male employees.The C ity of Ric hfield filed its last Pay Equity Report in J anuary 2015. The Minnesota Legislature requires the reporting of Pay E quity every three y ears. The City 's next reporting deadline will be J anuary 31, 2021. Historic ally, the labor units within the City of Richfield are male dominated units with three to four pay steps per position. I n addition, historic ally the general services pay plan grades have been female dominated units with five to six pay steps per grade. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity of Ric hfield must file a Pay Equity report in order to comply with the Pay Equity Act. A Pay Equity report is filed every three y ears. I n order to remain in c ompliance with the State of Minnesota Pay E quity reporting rules it is necessary to make these pay plan adjustments. C.C R IT IC AL T IMIN G ISSU E S: The report has been c ompleted and, ac cording to assessment information provided by the Minnesota Management and Budget D epartment, indicates that the C ity's male and female pay relationships are not in compliance with the Pay Equity Ac t. The City has responded to these results by making a modification to the 2018 General Services pay plan. The GS1 and GS2 grades will move to 4 total steps inc luding the initial hire step, and grades GS3 through GS6E will move to 5 total steps inc luding the initial hire step. D.F IN AN C IAL IMPAC T: Any reports not rec eived by the State of Minnesota on or before J anuary 31, 2018 will be found out of complianc e and subject to a monetary penalty. The penalty is a 5 perc ent reduction in state aid pay ments or $100 per day, whic hever is greater. There are approximately 11 employees impac ted by the pay plan step modifications, and potentially a $9500 budget impact for 2018. E.L E GAL C ON S ID E R AT ION : The C ity must file a report with the S tate of Minnesota on or before J anuary 31, 2018 based on data as of D ec ember 31, 2017. ALT E R N AT IV E R E C O MME N D AT IO N(S): Pay Equity Report: No alternative is rec ommended. The report is based on actual data and must be filed with the State in ac cordance with the statutory timeline. 2018 General Services Pay Plan: No alternative is recommended. Based on the City ’s 2017 Pay Equity report, it would be beneficial for the C ity to make these changes in order to remain in complianc e with pay equity standards. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type C ompliance Report B ackup Materi al Resolution Resolution L etter Compliance Report Jurisdiction: Contact:Phone: Richfield 6700 Portland Avenue South Richfield MN 55423 2018 Case: Report Year: 1 - 2017 DATA (Private (Jur Only)) Jesse Swenson jswenson@richfieldmn.gov(612) 861-9704 E-Mail: The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes # Employees Avg. Max Monthly Pay per employee II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = Male Classes Female Classes a. # At or above Predicted Pay b. # Below Predicted Pay c. TOTAL d. % Below Predicted Pay (b divided by c = d) * *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = Value of T = a. Avg. diff. in pay from predicted pay for male jobs = b. Avg. diff. in pay from predicted pay for female jobs = III. SALARY RANGE TEST = (Result is A divided by B) A. Avg. # of years to max salary for male jobs = B. Avg. # of years to max salary for female jobs = IV. EXCEPTIONAL SERVICE PAY TEST = (Result is B divided by A) A. % of male classes receiving ESP * B. % of female classes receiving ESP *(If 20% or less, test result will be 0.00) 42 37 10 89 112 70 58 240 6,484.86 4,927.66 5,931.32 105.71 18 17 24 20 42 37 57.14 54.05 180 0.983 ($20) ($85) 73.84 3.45 4.68 0.00 19.05 5.41 RESOLUTION NO. RESOLUTION RELATING TO THE 2018 GENERAL SERVICES SALARY COMPENSATION PLAN WHEREAS, the municipal code of the City of Richfield provides for the adoption of a pay plan for General Services employees from time-to-time, and WHEREAS, the City administration has prepared a 2018 pay plan for position classifications for General Services employees. The City Manager is authorized to add or reclassify positions as necessary. Examples of positions in each pay grade are attached. NOW, THEREFORE, BE IT RESOLVED that the City Council do and hereby does establish for the year 2018 the following pay plan, which is to be effective the first full pay period of January 2018, and subject to all applicable provisions of the City Code: Effective the first full pay period of January 2018 STEP 2 3 4 5 6 RANGE GS1 YR 41,329.60 43,576.00 46,176.00 47,548.80 MO 3,444.13 3,631.33 3,848.00 3,962.40 BW 1,589.60 1,676.00 1,776.00 1,828.80 HR 19.87 20.95 22.20 22.86 GS2 YR 44,865.60 47,132.80 49,545.60 52,041.60 MO 3,738.80 3,927.73 4,128.80 4,336.80 BW 1,725.60 1,812.80 1,905.60 2,001.60 HR 21.57 22.66 23.82 25.02 GS3 YR 47,652.80 50,232.00 52,707.20 55,390.40 58,552.00 MO 3,971.07 4,186.00 4,392.27 4,615.87 4,879.33 BW 1,832.80 1,932.00 2,027.20 2,130.40 2,252.00 HR 22.91 24.15 25.34 26.63 28.15 GS4 YR 52,041.60 54,704.00 57,470.40 60,299.20 63,481.60 MO 4,336.80 4,558.67 4,789.20 5,024.93 5,290.13 BW 2,001.60 2,104.00 2,210.40 2,319.20 2,441.60 HR 25.02 26.30 27.63 28.99 30.52 GS4SNE YR 55,910.40 58,760.00 61,734.40 64,854.40 68,099.20 MO 4,659.20 4,896.67 5,144.53 5,404.53 5,674.93 BW 2,150.40 2,260.00 2,374.40 2,494.40 2,619.20 HR 26.88 28.25 29.68 31.18 32.74 GS5 YR 57,470.40 60,299.20 63,481.60 66,622.40 69,992.00 MO 4,789.20 5,024.93 5,290.13 5,551.87 5,832.67 BW 2,210.40 2,319.20 2,441.60 2,562.40 2,692.00 HR 27.63 28.99 30.52 32.03 33.65 GS5E YR 61,734.40 64,812.80 68,099.20 71,510.40 78,561.60 MO 5,144.53 5,401.07 5,674.93 5,959.20 6,546.80 BW 2,374.40 2,492.80 2,619.20 2,750.40 3,021.60 HR 29.68 31.16 32.74 34.38 37.77 GS6 YR 63,481.60 66,622.40 69,992.00 73,569.60 81,099.20 MO 5,290.13 5,551.87 5,832.67 6,130.80 6,758.27 BW 2,441.60 2,562.40 2,692.00 2,829.60 3,119.20 HR 30.52 32.03 33.65 35.37 38.99 GS6E YR 68,099.20 71,531.20 75,150.40 78,936.00 87,172.80 MO 5,674.93 5,960.93 6,262.53 6,578.00 7,264.40 BW 2,619.20 2,751.20 2,890.40 3,036.00 3,352.80 HR 32.74 34.39 36.13 37.95 41.91 a. Step 1 - Start b. Step 2 - One year from anniversary date. If an employee successfully passes probationary period. c. Step 3 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 3 until performance is rated Meets Expectations or higher. d. Step 4 - One year since last increase. If an employee is rated Below Expectations, the employee may not advance to Step 4 until performance is rated Meets Expectations or higher. e. (if applicable) Step 5 - One year since last increase. An employee must achieve a Meets Expectations rating or better in all areas of responsibility before advancing to Step 5. Employees whose competency level and/or performance are rated Below Expectations may not advance to the next step until their performance improves. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of January 2018. Pat Elliott Mayor ATTEST: Elizabeth VanHoose City Clerk (Revised 01-2018) AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #9. STAFF REPORT NO. 24 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: E lizabeth F i nnegan, C ivil E ngineer D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 1/16/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 1/17/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of: 1. Approval of the final plans and specifications for the 66th Street Str eetscaping Project (C P41009); and 2. Author izing staff to advertise for bids. E X E C UT IV E S UM M ARY: Consistent with City C ounc il direction, the Capital I mprovement Plan, and the C ity's C omprehensive Plan, staff is working towards the reconstruction of 66th S treet from Xerxes Avenue to 16th Avenue. The City Counc il approved the C ooperative A greement between the City of Richfield and Hennepin County at its J une 14, 2016 meeting whic h inc luded that the C ity would lead the design and construction of the 66th Street Streetscape Project. This projec t will complete the c orridor's landscaping and street furnishings. I n addition to previous public involvement listed under Historical Context, a Open House in the spring of 2018 will kick-off the c onstruc tion season. There will also be meetings with individual property owners impac ted by the streetscape projec t. The streetsc ape elements will be c ompleted by phases, one year after primary road rec onstruction. A ll landsc ape work is expected to be completed by 2019. RE C O M M E ND E D AC T IO N: By motion: 1. Approve final plans and specifications for the 66th Street Landscaping Project (C P 41009); and 2. Author ize staff to advertise for bids. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n 2012, the County was awarded a federal grant for the reconstruction of C SA H 53 (66th Street). Hennepin C ounty staff designed the road project with City consultants providing the utility design. The C ity's role on the 66th Street projec t included leading the public input process. Approved Guiding Principles were developed to reflect the community 's needs and values through a process with representatives from all of the City 's commissions in 2012. Approved Visual Quality Guidelines were developed with a public process for the 66th Street corridor in 2014 to aid in the design of future streetscape and landscape projec ts. City Council approved the hiring of Bolton & Menk, I nc . for final design and c oordination services of the 66th Street Streetsc ape Project on August 23, 2016. Public I nput on the plan was received at the 66th Street Open House held Marc h 15, 2017. A neighborhood meeting was held on December 6, 2016 with residents adjacent to review the buffering plans in the area where the homes were removed. I ndividual homeowner meetings were held to review the details of the buffer plans throughout 2017. Plans were presented to Council at a work session on March 28, 2017. Plans were presented to the Transportation Commission on J une 7, 2017. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The reconstruction of 66th Street is identified in the City 's Comprehensive Plan (Ch. 6 - Transportation). The 66th Street Streetscape Projec t is consistent with the following documents: Complete Streets Policy Guiding Princ iples for Road Rec onstruc tion Projects. Visual Quality Guidelines Minnesota Statutes, Section 471.345, S ubd. 3, states that if the contract is estimated to exceed $100,000, sealed bids shall be solicited by public notic e in the manner and subject to the requirements of the law governing c ontrac ts by the partic ular municipality. C.C R IT IC AL T IMIN G ISSU E S: The acc eptance of the plans and spec ific ations and authorizing staff to advertise for bids will allow the streetsc aping projec t to stay on schedule to begin in 2018. D.F IN AN C IAL IMPAC T: The estimate for the streetscaping work is $2,030,000. $1,375,000 C ity Funds $655,000 C ounty Funds The total streetsc aping budget for this projec t is $2,700,000. $1,800,000 C ity Funds (Municipal State Aid) $900,000 C ounty Funds (C ounty State Aid) E.L E GAL C ON S ID E R AT ION : The C ity Attorney will be available to answer questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type 66th S treet L andscaping L ayout E xhibit P roject S pecs B ackup Materi al P roject Quanti ti es B ackup Materi al INTERSTATE 35GIRARD AVE. SEMERSON AVE. SL A K E S H O R E D R. SLYNWOOD BLVD.W 65TH ST.LYNDALE AVE. SNICOLLET AVE.1ST AVE. SSTEVENS AVE.2ND AVE. S3RD AVE. SCLINTON AVE.4TH AVE. S5TH AVE. SPORTLAND AVE. SCOLUMBUS AVE.CHICAGO AVE.ELLIOT AVE.10TH AVE. S11TH AVE. S12TH AVE. S13TH AVE. S14TH AVE. S15TH AVE. SBLOOMINGTON AVE. S16TH AVE. S17TH AVE. SCEDAR AVE. SHUMBOLDT AVE. SIRVING AVE. SJAMES AVE. SKNOX AVE. SLOGAN AVE. SMORGAN AVE. SNEWTON AVE. SOLIVER AVE. SPENN AVE. SQUEEN AVE. SRUSSELL AVE. SSHERIDAN AVE. STHOMAS AVE. SUPTON AVE. SVINCENT AVE. SWASHBURN AVE. SXERXES AVE. SYORK AVE. SVETERANS MEMORIAL PARKVETERANS MEMORIAL PARK OUTDOOR POOL RICHFIELD HUB AND WEST SHOPPING CENTER ACADEMY OF HOLY ANGELS RICHFIELD LAKE PARK WOOD LAKE NATURE CENTER MONROE FIELD FAIRWOOD PARK SHERIDAN PARK JEFFERSON PARK DECEMBER 2016 DECEMBER 201666TH STREET STREETSCAPE 66TH STREET STREETSCAPE66TH STREET LANDSCAPE CONCEPT A A CORRIDOR SECTION A-A 11.5’ PED WALK & CYCLE TRACK PRIVATE PROPERTY (C ONDITIONS VARY)RIGHT-OF-WAY LINERIGHT-OF-WAY LINE7’ B OULEVARD W/ GRASS AND CANOPY TREES 11.5’ PED WALK & CYCLE TRACK PLANTING BED (WIDTH VARIES) 7’ B OULEVARD W/ GRASS AND CANOPY TREES 25’ ROADWAY 25’ ROADWAYMEDIAN (WIDTH VARIES)PERENNIALS & UPRIGHT CANOPY TREES COMMON HACKBERRY SKYLINE HONEYLOCUST GLENLEVEN LINDEN AUTUMN SPIRE RED MAPLE KENTUCKY COFFEETREE NORTHERN RED OAK PRINCETON SENTRY GINKGO FIREFALL MAPLE STREET KEEPER HONEYLOCUST COMMON HACKBERRY PRINCETON SENTRY GINKGO AUTUMN SPIRE RED MAPLE MANCANA ASH STATE STREET MAPLE STATE STREET MAPLE PRINCETON AMERICAN ELM CORRIDOR SECTION C-C 11.5’ PED WALK & CYCLE TRACK LAWN /LANDSCAPING BETWEEN WALK & RIGHT-OF-W AYRIGHT-OF-WAY LINERIGHT-OF-WAY LINE7’ B OULEVARD W/ GRASS AND CANOPY TREES 11.5’ PED WALK & CYCLE TRACK 7’ B OULEVARD W/ GRASS AND CANOPY TREES 37’ ROADWAY (2 - TRAVEL LANES & CENTER TURN LANE) LAWN /LANDSCAPING BETWEEN WALK & RIGHT-OF-W AY SEE SCREENING BUFFER GRAPHIC LAYOUT FOR ADDITIONAL INFORMATION C C CORRIDOR SECTION B-B 11.5’ PED WALK & CYCLE TRACK PRIVATE PROPERTY(C ONDITIONS VARY) PRIVATE PROPERTY(CONDITIONS VARY)PRIVATE PROPERTY(C ONDITIONS VARY)RIGHT-OF-WAY LINERIGHT-OF-WAY LINE7’ B OULEVARD W/ PAVERS AND CANOPY TREES 11.5’ PED WALK & CYCLE TRACK 7’ B OULEVARD W/ PAVERS AND CANOPY TREES PRIVATE PROPERTY(CONDITIONS VARY) 25’ ROADWAY (TRAVEL LANE & TURN LANE)25’ ROADWAY (TRAVEL LANE & TURN LANE) MEDIAN (WIDTH VARIES)PERENNIALS & UPRIGHT CANOPY TREES B B BOULEVARD LINDEN CONTRACTOR: OBSERVER: INFORMATION RECORD DRAWING DATE: HENNEPIN COUNTY, MN CITY OF RICHFIELD MAP OF THE NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002. THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." APPROVED BYSHEET NUMBERDATE PLAN REVISIONS © Bolton & Menk, Inc. 2015, All Rights Reserved H:\HOPK\T16107809\C3D\Plans\107809TTL.dwg 1/24/17 2:19 pm FEETSCALE 0 20001000 RESOURCE LIST CITY OF RICHFIELD PUBLIC WORKS DEPARTMENT Jeff Pearson, P.E. Maria Regan Gonzalez Edwina Garcia Simon Trautmann Michael Howard City Council Members: Mayor: Pat Elliot Steve Devich City Manager: CITY OF RICHFIELD, MINNESOTA Municipal Center 6700 Portland Avenue Richfield, MN 55423 Kristin Asher Public Works Director: 612-861-9795 Joel Odens P.L.A. Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 612-861-9700 UTILITIES CENTERPOINT ENERGY-GAS Dean Nicholas 612-321-5561 City Engineer: Project Landscape Architect: 1901 E 66th Street Richfield, MN 55423 612-861-9792 INTERSTATE-35WN 16TH AVE. S NE CORNER OF NW 1/4 SEC. 15 T107N R14WAPROX. 1320' N. OF CENTER OF SEC. 22 T107N R14W XERXES AVE. S66TH STREET (CSAH 53) FROM TO S.P. 157-020-030 LOCATED ON ANDBETWEEN (GEOGRAPHIC DESCRIPTION) (LEGAL DESCRIPTION) CONSTRUCTION PLAN FOR 66TH STREET STREETSCAPE PROJECT S.A.P. GOVERNING SPECIFICATIONS THE 2016 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN TOGETHER WITH ALL SUPPLEMENTAL SPECIFICATIONS AND MNDOT TECHNICAL MEMORANDA IN FORCE 30 CALENDAR DAYS PRIOR TO THE DATE OF ADVERTISEMENT. 157-020-030 LOCAL AGENCY SIGNATURES: I hereby certify that this plan was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Landscape Architect under the laws of the State of Minnesota. Date:License number1/16/2018 JOEL C. ODENS 44689 Recommended for Approval: Jack Broz, P.E. City of Richfield, Transportation Engineer Date: Recommended for Approval: Jeff Pearson, P.E. City of Richfield, City Engineer Date: STATE AID APPROVALS: District State Aid Engineer: Reviewed for Compliance with State-Aid Rules/Policy Date: State Aid Engineer: Approved for State Aid Funding Date: SHEET INDEX SHEET NO. GENERAL L.1 TITLE SHEET L.2 PHASING PLAN L.3 ESTIMATED QUANTITIES L.4 NOTES AND PLANT SCHEDULE L.5 SHEET INDEX L.6-L.24 LANDSCAPE PLAN L.25-L.57 PLANTING DETAILS L.58-L.64 MITIGATION PROPERTY DETAILS L.65-L.70 LANDSCAPE DETAILS E.1-E.8 SWPPP & EROSION CONTROL PLAN I.1-I.8 IRRIGATION PLAN T.1 STAGING & TRAFFIC CONTROL S.1 SIGNAGE PLAN THIS PLAN SET CONTAINS 88 SHEETS. Approved: Henepin County Engineer Date: SHEET NO. L.1 STATE PROJ. NO. CITY BID NO. S.P. 157-020-030 12224 NICOLLET AVENUE BURNSVILLE, MINNESOTA 55337 Phone: (952) 890-0509 Email: Burnsville@bolton-menk.com www.bolton-menk.comR 18-01 CITY CONTRACT NO.2830HWY 77/CEDAR AVE.LYNDALE AVE.HWY 62 YORK AVE.XERXES AVE.VETERANS PARK WOOD LAKE HWY 62 INTERSTATE-35WPORTLAND AVENICOLLET AVEPENN AVE66TH ST. (CSAH 53) PROJECT LOCATION END SAP 157-020-030 BEGIN SAP 157-020-030 CENTURY LINK-FIBER OPTIC Rand Olson 612-861-8702 ARVIG-INTERNET/PHONE/CABLE Pat Lynch 320-492-8763 AT&T-INTERNET/PHONE/CABLE Steve Chepey 972-523-9415 COMCAST-INTERNET/PHONE/CABLE Jason Overkamp 651-493-5304 ZAYO-INTERNET/FIBER OPTIC Steve Senger 612-210-8036 XCEL ENERGY-ELECTRIC Gregg Wenzel 952-380-2613 CITY OF RICHFIELDSHEETDATELIC. NO.DESIGNEDDRAWNCHECKEDJOEL C. ODENS1-16-201844689I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME ORUNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LANDSCAPEARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.DATEISSUED FORREV12224 NICOLLET AVENUEBURNSVILLE, MINNESOTA 55337Phone: (952) 890-0509Email: Burnsville@bolton-menk.comwww.bolton-menk.comRJCOJDNJCO/JDN66TH STREET STREETSCAPE© Bolton & Menk, Inc. 2018, All Rights ReservedH:\RICH\A13112509\CAD\C3D\LA\LSCP_SHEETS.dwg 1/15/2018 3:59 PMESTIMATED QUANTITIESL.3ESTIMATED QUANTITIES AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #10. STAFF REPORT NO. 25 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Discussion regarding City C ouncil attendance at the 2018 National League of Cities (N L C) Conferences. E X E C UT IV E S UM M ARY: Acc ording to S tate Statute 471.661, the governing body of cities and school distric ts must adopt a policy that controls out-of-state travel for elec ted officials. That policy was adopted by the City C ounc il in November 2005 and stipulates that the City Counc il must approve, in advanc e by a motion, attendance at out-of-state conferences. RE C O M M E ND E D AC T IO N: By motion: D esignate C ouncil Member(s) to attend the March 11-14, 2018 N L C C ongressional City Conference in W ashington, D .C. and the N ovember 7-10, 2018 N L C City Summit in Los Angeles, C A. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity Council has determined that attendance at the NL C conferences is benefic ial to the City ’s operations and long-range planning efforts. I nformation regarding the 2018 conferenc es is available on their website: www.nlc .org. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This information is c ontained in the Exec utive Summary. C.C R IT IC AL T IMIN G ISSU E S: I t is critic al that the C ity Council remains in the informational loop regarding c ongressional activities as it relates to federal funds and homeland security issues. D.F IN AN C IAL IMPAC T: Funds for the C ity Council to attend the NLC conferenc e(s) are inc luded in the C ity’s 2018 budget. E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may address this designation prior to each c onferenc e or the C ounc il may decline to send delegates. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type 2014-2017 C onference A ttendance B ackup Materi al COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2014 - 2017 CONFERENCE DATE LOCATION ATTENDEES 2017 NLC Congressional City March 11-14 Washington, DC Garcia Regan Gonzalez NLC City Summit Nov. 15-18 Charlotte, NC Trautmann 2016 NLC Congressional City March 5-9 Washington, DC Goettel NLC City Summit Nov. 16-19 Pittsburgh, PA Goettel 2015 NLC Congressional City March 3-7 Washington, DC Goettel NLC City Summit Nov. 4-7 Nashville, TN Goettel 2014 NLC Congressional City March 8-12 Washington, DC Goettel Garcia NLC City Summit Nov. 18-22 Austin, TX Goettel AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #11. STAFF REPORT NO. 26 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich, C ity Manager 12/29/2017 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of designating representatives to serve as the 2018 liaisons to various metropolitan agencies and C ity commissions. E X E C UT IV E S UM M ARY: Members of the City C ounc il serve as the City ’s representatives on various metropolitan agencies and City commissions. Each y ear, the City Council appoints these representatives. RE C O M M E ND E D AC T IO N: By motion: D esignate C ity Council liaison appointments to various metr opolitan agencies and City commissions for 2018. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity Council c onsiders the designation of liaisons at the first meeting in J anuary of each year. C.C R IT IC AL T IMIN G ISSU E S: Representation on metropolitan agencies and c ommissions is important for the city and designations should be made at the first meeting of the year. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ity Council may defer the designations to a future City Council meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: N/A AT TAC H ME N TS : D escripti on Type 2017 L i aison A ppointment L ist B ackup Materi al 12/21/17 AGENCY 2017 LIAISON 2018 LIAISON METRO CITIES PAT ELLIOTT, REP. MICHAEL HOWARD; EDWINA GARCIA; MARIA REGAN GONZALEZ, ALTS. LEAGUE OF MINNESOTA CITIES PAT ELLIOTT, REP. MICHAEL HOWARD, ALT. NOISE OVERSIGHT COMMITTEE PAM DMYTRENKO, REP. MARIA REGAN GONZALEZ, ALT. TRANSPORTATION COMMISSION MICHAEL HOWARD, LIA. MARIA REGAN GONZALEZ, ALT. I-35W SOLUTIONS ALLIANCE MICHAEL HOWARD, LIA. PAT ELLIOTT, ALT. JEFF PEARSON, STAFF LIA. 494 CORRIDOR COMMISSION PAT ELLIOTT, LIA. MICHAEL HOWARD, ALT. JACK BROZ, STAFF LIA. PLANNING COMMISSION EDWINA GARCIA, LIA. PAT ELLIOTT, ALT. COMM. SERVICES COMMISSION EDWINA GARCIA, LIA. MICHAEL HOWARD, ALT. ADVISORY BOARD OF HEALTH MARIA REGAN GONZALEZ, LIA. EDWINA GARCIA, ALT. HUMAN RIGHTS COMMISSION MICHAEL HOWARD, LIA. MARIA REGAN GONZALEZ, ALT. FRIENDSHIP CITY COMMISSION MICHAEL HOWARD, LIA. PAT ELLIOTT, ALT. ARTS COMMISSION PAT ELLIOTT, LIA. MICHAEL HOWARD, ALT. CIVIL SERVICE COMMISSION MARIA REGAN GONZALEZ, REP. RICHFIELD COMMUNITY HUMAN EDWINA GARCIA, REP. SERVICES PLANNING COUNCIL MARIA REGAN GONZALEZ, ALT. FOWL BOARD MARIA REGAN GONZALEZ, REP. EDWINA GARCIA, ALT. SOUTHWEST CABLE COMMISSION PAT ELLIOTT, REP. STEVE DEVICH, REP. MICHAEL HOWARD, ALT. 12/21/17 AGENCY 2017 LIAISON 2018 LIAISON RICHFIELD HISTORICAL SOCIETY EDWINA GARCIA, REP. PAT ELLIOTT, ALT. RICHFIELD SCHOOL DISTRICT MARIA REGAN GONZALEZ, REP. MICHAEL HOWARD, ALT. BEYOND THE YELLOW RIBBON MARIA REGAN GONZALEZ, REP. AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #12. STAFF REPORT NO. 27 CIT Y COUNCIL ME E T ING 1/23/2018 RE P O RT P RE PA RE D B Y: J ared Voto, E xecutive A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: S teven L . D evich 1/17/2018 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: S teven L . D evich 1/17/2018 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consideration of appointments to City advisor y commissions. E X E C UT IV E S UM M ARY: Several terms of C ity advisory commission members expire on J anuary 31, 2018. I n addition, due to resignations there are mid-term vacanc ies that should be filled. Terms for advisory c ommissions are for three years and staggered. The City Counc il directs the C ity Manager ’s offic e to conduc t an annual recruitment seeking applicants to fill the vac ancies. This recruitment inc ludes an item in the Richfield Sun-Current and information on the City’s website and soc ial media platforms. Applicants were interviewed at two special City Council work sessions held on January 13 and January 20, 2018. To ensure a quorum at future advisory commission meetings, the City Council should make advisory commission appointments at the January 23, 2018 City Council meeting. RE C O M M E ND E D AC T IO N: By motion: Appoint persons to fill the expiring or vacant terms on City advisory commissions. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive Summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory c ommissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G ISSU E S: Several terms of City advisory commission members expire on J anuary 31, 2018. To ensure a quorum at future advisory c ommission meetings, the C ity Council should make appointments at the J anuary 23, 2018 City C ounc il meeting. D.F IN AN C IAL IMPAC T: N/A E.L E GAL C ON S ID E R AT ION : The J anuary 13 and J anuary 20, 2018 special City Counc il work sessions were posted in accordanc e with the open meeting law requirements. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type 2018 Vacancy L ist B ackup Materi al ADULT COMMISSION VACANCIES Term Expires ADVISORY BOARD OF HEALTH January 31, 2020 January 31, 2020 January 31, 2021 January 31, 2021 January 31, 2021 January 31, 2021 ARTS COMMISSION January 31, 2020 January 31, 2021 January 31, 2021 Larry Nelson January 31, 2021 CIVIL SERVICE COMMISSION January 31, 2021 COMMUNITY SERVICES COMMISSION January 31, 2019 January 31, 2021 January 31, 2021 January 31, 2021 FRIENDSHIP CITY COMMISSION January 31, 2021 January 31, 2021 January 31, 2021 HUMAN RIGHTS COMMISSION January 31, 2019 January 31, 2021 January 31, 2021 January 31, 2021 Carrie Chillman January 31, 2021 PLANNING COMMISSION January 31, 2021 January 31, 2021 January 31, 2021 TRANSPORTATION COMMISSION January 31, 2021 January 31, 2021 Paul Chillman January 31, 2021 YOUTH COMMISSION VACANCIES Term Expires ARTS COMMISSION August 31, 2018 August 31, 2018 FRIENDSHIP CITY COMMISSION August 31, 2018 August 31, 2018 TRANSPORTATION COMMISSION August 31, 2018