02-27-2018 Complete AgendaS P E C IAL C IT Y C O U N C IL W O R K S E S S IO N
R IC H F IE L D MU N IC IPAL C E N TE R, B AR TH O LO ME W R O O M
F E B R U ARY 27, 2018
6:00 P M
C all to order
1.Orange L ine update
2.P avement management program
3.77th S treet Underpass bridge aesthetics
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
February 22, 2018
Council Memorandum No. 15
The Honorable Mayor
and
Members of the City Council
Subject: February 27, 2018 City Council Work Session
Council Members:
The following items will be presented and discussed at the upcoming City Council work
session:
Orange Line Update
Metro Transit has completed the station plans for the proposed Orange Line Bus Rapid
Transit and has asked for City Engineer approval. Staff will present the following project
elements in advance of Council consideration of a resolution supporting the project at a
future Council meeting:
Final station designs
Proposed design for the Knox Avenue Transit and Pedestrian Connection under
I-494
Pavement Management Program
The introduction of several new technologies in pavement preservation has raised the
possibility to alter the pavement management program that the City has used in the
past. Staff will present the new methods and explain how they may be used to cost
effectively maintain the mill & overlay investment into the future.
77th Street Underpass Bridge Aesthetics
The City’s design consultant is looking for direction on the aesthetics for the 77th Street
Underpass. Staff will present several MnDOT approved options , and relay Council
direction to the consultant engineer to include in the project plans.
Please contact Kristin Asher, Public Works Director, at 612 -861-9795 with questions.
Respectfully submitted,
Steven L. Devich
City Manager
SLD:tab
Email: Assistant City Manager
Department Directors
R EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
F E B R U ARY 27, 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 minutes 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 wish to address
the C ouncil must have registered prior to the meeting.
P ledge of A llegiance
A pproval of the minutes of the: (1) S pecial C ity C ouncil work session of F ebruary 13, 2018; and (2) Regular C ity
C ouncil meeting of F ebruary 13, 2018.
P R E S E N TATIO N S
1.F riends of the Richfield B and S hell drawing for a legacy brick at the new band shell
C O U N C IL D ISC U SSIO N
2.Hats Off to Hometown Hits
AG E N D A APPR O VAL
3.A pproval of the A genda
4.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsideration of the approval authorizing the C ity Manager to execute a site lease agreement for antenna
space on C ity Hall monopole to Verizon Wireless, L L C .
S taff Report No. 36
B .C onsideration of the approval of award of a contract for the 66th S treet S treetscape P roject and authorize
the C ity Manager to approve changes in the contract up to $100,000.
S taff Report No. 37
C .C onsideration of the approval of a policy for residents choosing to replace their radio water meter with a
manual water meter.
S taff Report No. 38
D .C onsideration of the approval a purchase order for three (3) F ord Interceptor S UV 's for the P ublic S afety
D epartment.
S taff Report No. 39
E .C onsideration of the approval of a resolution supporting proposed state law that provides limited liability to
commercial salt applicators that receive certification through an established voluntary salt applicator
program as offered through the Minnesota P ollution C ontrol A gency (MP C A ).
S taff Report No. 40
F.C onsideration of the approval of a resolution modifying the establishment of the Richfield Transportation
C ommission.
S taff Report No. 41
G.C onsideration of the approval of the first reading of an ordinance amendment to the Richfield C ity C ode
A ppendix D E xhibit A (C onstruction and Related P ermit F ees and C harges) to provide building permit fee
reductions to affordable housing developments and schedule a public hearing and second reading for
March 13, 2018.
S taff Report No. 42
5.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 E S
6.C onsideration of the approval of a second reading of an ordinance amending S ubsection 210.01 of the C ity
C ode related to C ity C ouncil salaries.
S taff Report No. 43
R E S O L U T IO N S
7.C onsideration of the approval of a resolution approving the contract with the P olice Officers and D etectives
L E L S L ocal 123 for the contract period J anuary 1, 2018 through D ecember 31, 2019 and authorize the C ity
Manager to execute the agreement.
S taff Report No. 44
O T H E R B U S IN E S S
8.C onsideration of the approval of guidelines for the P enn C entral F acade Improvement Grant P rogram.
S taff Report No. 45
9.C onsideration of approval of bid tabulation and authorize construction contract for the P enn Avenue liquor store
remodel and upgrade.
S taff Report No. 46
C IT Y MAN AG E R’S R E P O R T
10.C ity Manager's Report
C LAIMS AN D PAYR O L LS
11.C laims and P ayrolls
Open forum (15 minutes 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 wish to address
the C ouncil must have registered prior to the meeting.
12.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 COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Work Session
February 13, 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; Maria Regan Gonzalez; Michael Howard;
Present: and Simon Trautmann.
Staff Present: Steven L. Devich, City Manager; Pam Dmytrenko, Assistant City Manager/HR
Manager; Neil Ruhland, Media Coordinator; and Jared Voto, Executive
Aide/Analyst.
Item #1
THE CITY’S COMMUNICATION EFFORTS
Assistant City Manager/HR Manager Dmytrenko introduced the topic and Media Coordinator
Ruhland.
Media Coordinator Ruhland presented an overview of the past, current, and future
communication efforts of the City. Past efforts included social media, videos, the annual report,
website, civic engagement tools, and Channel 16. Current efforts included the City’s communication
goals of expanding the City’s communication reach, researching new avenues of communication, and
connecting more effectively with our diverse populations. Future efforts included developing the City’s
brand, expanding social media presence, creating an external newsletter, creating a citizens
academy, leveraging a communications partnership with the Richfield schools.
Councilmembers asked questions and commented on language accessibility; the visual
elements of branding the City – knowing when you have entered Richfield; communicating how
people can become more involved in their community via a webpage, video, or citizen’s academy;
“Did you know” social media posts; looking into the resources of our communications division as it
compares to other comparable cities; and resident notifications for items on the website (e.g. when
meeting agendas are published).
Assistant City Manager/HR Manager Dmytrenko asked the Council’s thoughts on a new city
advisory commission regarding communications, as it had been brought up previously, or if an ad hoc
group may be a better route.
Mayor Elliott responded there were individuals who applied to commissions that may have
additional skills that may assist the City. He suggested Mr. Ruhland set a meeting with them to
discuss where they may be able to help, with the understanding that this is the voice of the City.
Special Council Work Session Minutes -2- February 13, 2018
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:59 p.m.
Date Approved: February 27, 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 7:01 p.m. in the Council Chambers.
Councilmembers Pat Elliott, Mayor; Michael Howard; Maria Regan Gonzalez; Simon
Present: Trautmann; and Edwina Garcia (arrived at 7:03).
Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko,
Assistant City Manager/HR Manager; Jay Henthorne, Public Safety
Director/Police Chief; John Stark, Community Development Director; Julie
Urban, Housing Manager; Jennifer Anderson, Support Services Supervisor;
and Jared Voto, Executive Aide/Analyst.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Elliott led the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Elliott, S/Howard to approval of the minutes of the: (1) Special City Council work session of
January 20, 2018; (2) Special City Council work session of January 23, 2018; and (3) Regular City
Council meeting of January 23, 2018.
Motion carried 4-0.
Item #1
COUNCIL DISCUSSION
Hats Off to Hometown Hits
Select Councilmember as liaison to the organics taskforce
Councilmember Trautmann spoke regarding the winter framers market and the next date
being March 1.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 13, 2018
Council Meeting Minutes -2- February 13, 2018
Councilmember Garcia spoke regarding the passing of former councilmember Ivan Ludeman
and the work he did in the community.
Councilmember Howard spoke regarding the Lyndale Gardens open house on February 15 at
Pizza Luce; the naturalization ceremony on February 20 at the Richfield Municipal Center; the
Lyndale Avenue Reconstruction open house on February 20 at Oak Grove Lutheran Church; the
Richfield Chamber of Commerce’s Circle of Excellence event on February 21; and thanked the
Richfield Police Department for their work during the Super Bowl.
Councilmember Regan Gonzalez spoke regarding an initiative for Richfield to become a
dementia-friendly community.
Mayor Elliott spoke regarding the opportunity to give introductory comments at the
naturalization ceremony on February 20, and the honor it has been to represent Richfield as Mayor;
and the Richfield Chamber of Commerce’s Circle of Excellence event.
Councilmembers discussed appointment to the organics taskforce. The Council selected, by
unanimous consent, Councilmember Regan Gonzalez to serve on the taskforce.
Item #2
APPROVAL OF THE AGENDA
M/Garcia, S/Elliott 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 the continuation of an agreement with the City of Bloomington
for the provision of public health services for the City of Richfield for 2018. (S.R. No. 28)
B. Consideration of the approval of setting a public hearing to be held on March 13, 2018, for the
consideration of the issuance of new On-Sale Intoxicating and Sunday Liquor licenses for
Lyndale Smokehouse, LLC d/b/a Lyndale Smokehouse, located at 7745 Lyndale Ave South.
(S.R. No. 29)
M/Elliott, S/Regan Gonzalez to approve the consent calendar.
Motion carried 5-0.
Item #4
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Council Meeting Minutes -3- February 13, 2018
Item #5
PUBLIC HEARING AND CONSIDERATION OF THE REVOCATION OF FIRST
STEP, LLC (RICHFIELD HEALTH MASSAGE) BUSINESS LICENSE FOR
VIOLATIONS OF OPERATING WITH THREE UNLICENSED MASSAGE
THERAPISTS, ENGAGING IN PROHIBITED MASSAGE, AND CHARGES OF
GROSS MISDEMEANOR PROSTITUTION. (S.R. NO. 30)
Councilmember Trautmann presented Staff Report No. 30 and opened the public hearing.
Dongfa Zhou, attorney representing First Step, LLC, stated reasons to not revoke the business
license and asked the Council to not revoke the business license.
Councilmember Trautmann asked questions for clarification and Mr. Zhou responded to the
questions.
Liuhe Wei, owner of First Step, LLC, speaking Chinese and being translated by his attorney,
Mr. Zhou, spoke that he was not familiar with the city regulations.
Councilmember Trautmann, speaking Mandarin Chinese, stated he lived in China for two
years and everywhere he went, and everyone he met treated him as a friend and like family. He
stated, in English, that he was treated with respect and courtesy when he went to China.
Mr. Wei stated there are video recordings of how he treated his workers.
Councilmember Trautmann asked if he could close the public hearing and made a motion to
close the hearing.
Mary Tietjen, City Attorney, advised to ask the licensee has any closing remarks and then it is
up to the entire Council if they want to close the public hearing.
Councilmember Trautmann stated they were not interested in videos or evidence not present
and asked if the licensee had a closing statement.
Mr. Zhou stated he objected to the way councilmembers treated his client.
M/Trautmann, S/Elliott to close the public hearing.
Motion carried 5-0.
Councilmember Howard asked the City’s past practices if this type of activity has been found
by the police, in terms of business licensing.
Chief Henthorne stated this is the process when there are violations to the City ordinance and
based upon the investigation this is staff’s recommendation.
Councilmember Howard asked if there have been prior instances of revoking a business
licenses for serious violations.
Chief Henthorne stated he didn’t recall action being taken against someone’s license.
Mayor Elliott asked if Chief Henthorne had read the reports and if a manager was on-site at
the time of the execution of the warrant.
Chief Henthorne responded that there was no manager on-site, only the three employees.
Council Meeting Minutes -4- February 13, 2018
Mayor Elliott asked about the charges, that there was no one supervising the operations, and
that the three individuals were only employees.
Chief Henthorne confirmed the Mayor’s questions were correct.
Mayor Elliott asked if there was any circumstance or conditions that could be imposed that the
operations could continue and be in compliance with our City Code.
Chief Henthorne stated he did not feel that there would be, without going into the investigation,
this has been going on for a long time.
M/Trautmann, S/Elliott to approve revocation of the business license of First Step, LLC located
at 7610 Lyndale Ave So., Richfield, Minnesota and direct staff to bring a Resolution with Findings
supporting the revocation back to the City Council for approval at its next meeting.
Motion carried 5-0.
Item #6
PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A
RESOLUTION SPECIFYING THE USE OF FUNDS FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT ALLOCATION FOR 2018 AND AUTHORIZING
EXECUTION OF A SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY
AND ANY REQUIRED THIRD PARTY AGREEMENTS. (S.R. NO. 31)
Mayor Elliott presented Staff Report No. 31 and opened the public hearing.
M/Elliott, S/Garcia to close the public hearing.
Motion carried 5-0.
M/Elliott, S/Garcia to approve a resolution authorizing the use of funds for the 2018 Urban
Hennepin County Community Development Block Grant Program and authorizing execution of a
Subrecipient Agreement with Hennepin County and any required third party agreements.
RESOLUTION NO. 11475
RESOLUTION APPROVING PROPOSED USE OF 2018 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS AND AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY
REQUIRED THIRD PARTY AGREEMENTS
Motion carried 5-0. This resolution appears as Resolution No. 11475.
Item #7
PUBLIC HEARING AND CONSIDERATION OF THE APPROVAL OF A
RESOLUTION GRANTING APPROVAL OF THE FINAL PLAT OF THE CEDAR
POINT COMMONS 2ND ADDITION. (S.R. NO. 32)
Councilmember Regan Gonzalez presented Staff Report No. 32 and opened the public
hearing.
Council Meeting Minutes -5- February 13, 2018
M/Regan Gonzalez, S/Howard to close the public hearing.
Motion carried 5-0.
M/Regan Gonzalez, S/Elliott to approve a resolution granting approval of the final plat of the
Cedar Point Commons 2nd Addition.
RESOLUTION NO. 11476
RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR CEDAR
POINT COMMONS 2ND ADDITION
Motion carried 5-0. This resolution appears as Resolution No. 11476.
Item #8
CONSIDERATION OF THE APPROVAL OF THE FIRST READING OF AN
ORDINANCE AMENDING SUBSECTION 210.01 OF THE CITY CODE RELATED
TO CITY COUNCIL SALARIES. (S.R. NO. 33)
Councilmember Howard presented Staff Report No. 33.
M/Howard, S/Regan Gonzalez to approve the first reading of the ordinance amending
Subsection 210.01 of the City Code related to City Council salaries and schedule the second reading
for February 27, 2018.
Motion carried 5-0.
Item #9
CONSIDERATION OF THE APPROVAL OF A RESOLUTION APPROVING THE
CONTRACT WITH THE POLICE LIEUTENANTS TEAMSTERS 320 FOR THE
CONTRACT PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (S.R. NO.
34)
Mayor Elliott presented Staff Report No. 34.
M/Elliott, S/Regan Gonzalez to adopt a resolution approving the provisions of the 2018-2019
labor agreement with the Police Lieutenants Teamsters 320 bargaining unit and authorize the City
Manager to execute the agreement.
RESOLUTION NO. 11477
RESOLUTION APPROVING LABOR AGREEMENT BETW EEN THE
CITY OF RICHFIELD AND POLICE LIEUTENANTS TEAMSTERS 320
BARGAINING UNIT FOR YEARS 2018 - 2019
Motion carried 5-0. This resolution appears as Resolution No. 11477.
Item #10
CONSIDERATION OF THE APPROVAL OF AGREEMENTS WITH NON-PROFIT
ORGANIZATIONS TO PROVIDE SOCIAL SERVICES TO THE CITY OF
RICHFIELD AND AUTHORIZATION OF THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THOSE AGENCIES. (S.R. NO. 35)
Council Meeting Minutes -6- February 13, 2018
Councilmember Garcia presented Staff Report No. 35.
M/Garcia, S/Trautmann to approve the agreements between the recommended non-profit
organizations and the City of Richfield and authorize the City Manager to execute agreements for
services with those agencies.
Motion carried 5-0.
Item #11
CITY MANAGER’S REPORT
City Manager Devich had nothing to report.
Item #12
CLAIMS AND PAYROLLS
M/Garcia, S/Elliott that the following claims and payrolls be approved:
U.S. Bank 02/13/18
A/P Checks: 265465 - 265916 $ 2,492,364.44
Payroll: 134148 - 134488 663,484.35
TOTAL $ 3,155,848.79
Motion carried 5-0.
OPEN FORUM
None.
Item #13
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:56 p.m.
Date Approved: February 27, 2018
Pat Elliott
Mayor
Jared Voto Steven L. Devich
Executive Aide/Analyst City Manager
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.A.
STAFF RE P ORT NO. 36
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: C hris Regis, F inance Manager
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval authorizing the City Manager to execute a site lease agreement for
antenna space on City Hall monopole to Verizon Wireless, LL C.
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 communications industry grows and becomes more competitive, the need for more space for antennas
and to provide greater service to customers has grown.
After considerable discussion, Verizon W ireless, L L C and the City have come to tentative approval of a site
lease agreement including an equipment shelter and associated equipment and cables required to support the
antenna facilities. The major terms of the lease are:
1. The initial term of this lease shall commence on J une 1, 2018, and will end on December 31, 2022.
The term of the lease may be extended for three additional five-year periods.
2. The lease for the water tower antenna space shall be $39,912.50 prorated for 2018 based on the
commencement date of J une 1, 2018 for the initial year and be increased annually by three percent
over the previous year ’s annualized rent.
3. The facility that would be needed by Verizon W ireless, LLC, to provide support service to the antenna
mountings would be incorporated into an equipment shelter located on the roof of City Hall.
4. Verizon W ireless, L L C will pay for the removal and relocation of public safety equipment from the
monopole tower.
RE C O M M E ND E D AC T I O N:
By motion: Authorize the City Manager to execute a site lease agreement with Verizon W ireless, L LC
for antenna space on the City Hall Monopole.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
N/A
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The antenna on the monopole at City Hall will not cause any problems or interference with the
communications of the City.
The lease, in its entirety, provides for many favorable provisions and protections for the City of
Richfield, and in most respects either equals or exceeds the standards set forth in the League of
Minnesota Cities’ model lease.
Verizon W ireless, LLC has agreed to the terms of the lease agreement.
C.C R IT IC AL T IMIN G IS S U E S:
Staff is requesting approval at the February 27, 2018 City Council meeting so that Verizon
W ireless, L L C may begin activity in conjunction with establishing this antenna space and the
support structures needed to accompany it.
D.F IN AN C IAL IMPAC T:
The $39,912.50 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 Office.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could defer action on this item to a future meeting.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
S ite L ease A greement Verizon W ireless, L L C C ontract/A greement
Memo S ite L ease A greement Verizon Wireless, L L C C ontract/A greement
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ("Lease"), made this_ day of __ , 2018
between the City of Richfield ("Landlord") and Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop
4AW100, Basking Ridge, New Jersey 07920 ("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 6700 Portland Avenue, City of Richfield, County of Hennepin, State
of Minnesota, legally described in Exhibit A attached hereto, consisting of 150 square
feet, subject to any and all existing easements, and including certain space on and
adjacent to the Landlord's monopole tower ("Structure"), all as depicted in Exhibit B
attached hereto ("Leased Premises"). The Tenant hereby leases the Leased Premises to
install six (6), eight foot tall wireless antennas and construct an equipment shelter or
cabinet 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 Structure for attaching and locating antennas, connecting cables and
appurtenances, the exact location of each to be reasonably approved by Landlord,
together with appurtenant easements and access rights. The Landlord has constructed
and installed certain buried conduit ("Conduit") in which electric utility lines and facilities
could be installed to serve the leased premises. The Landlord hereby licenses non-
exclusive use of a portion of the Conduit along with access to the Conduit for the
purposes referenced above. The portion of the Conduit to be used by Tenant shall be
depicted in plans or drawings prepared by the Tenant, approved by the Landlord, and
appended hereto as Exhibit B. 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, Tenant shall pay
Landlord an annual rent in the amount of Thirty Nine Thousand Nine Hundred Twelve
and 50/100 Dollars ($39,912.50) prorated for 2018 based on the Commencement Date
of June 1, 2018. Said lease payment shall be increased each year on January 1 si,
beginning on January 1, 2019, by 3% of the previous year's annualized rent.
(b) Time of Payment, Taxes. The annual rent for the coming year shall be
paid no later than December 31. For the first year, the rental shall be prorated through
December 31 and shall be paid to Landlord in full by June 1, 2018. If the Tenant does
490821 v2 RJV RC145-275
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3943807v]
1
n ot m eet the requirem ents referenced in Subparagraph 3(a) below , and Tenant has
diligently pursued such requirem ents, Landlord shall refund the Tenant rental paym ent
m ade and this Lease shall term inate. In addition to the annual rental, Tenant agrees to
tim ely pay its pro rata share of any real property taxes or paym ent in lieu of taxes
required as a direct result 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 June
1, 2018. 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").
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
conflict while this Lease is in effect occurring on or adjacent to Landlord's property, and
Tenant's use shall be subordinate accordingly:
490821v2 RJV RCl45-275
MIN Bart Lease
3943807v]
2 '
1. Landlord's non-com m ercial use;
2. The non-com m ercial use of public safety agencies, including law
enfo rcem ent, fire, and am bulance serv ices, that are not part of the Landlord;
3 . T h e n o n -c o m m e rc ia l u s e of other govern m ental agencies where use is not
related to public safety;
4. Govern m ent-regulated entities whose A ntennas offer a service to the general
public fo r a fee, in a m anner sim ilar to a public utility, such as long distance,
c e ll u la r te le p h o n e , o r d a ta tra n s m ission, not including radio or television
b ro a dcasters, whose lease precedes this Agreem ent.
(b ) P u rp o s e s . T h e T e n a n t s h a ll h a v e the exclusive use of the Leased
P re m is e s o n ly fo r th e purpose of installing, m aintaining, and operating the
Com m unications Facility fo r pro viding radio and wireless telecom m unication serv ices
which Tenant is legally authorized to pro vide to the public. Tenant's use of any other
portion of Landlord's pro perty shall be non-exclusive and Landlord specifically reserv es
the right to allow such other pro perty other than the Leased Prem ises to be used by
other parties and to m ake additions, deletions, or m odifications to its ow n facilities on
such property. Tenant shall com ply with all applicable ordinances, statutes and
regulations of local, state and federal govern m ent agencies.
(c) Construction. Tenant m ay erect and operate its Com m unications Facility
in accordance with the appro ved plans attached as Exhibit B. Prior to activation of the
Com m unication Facility, Tenant shall notify Landlord that installation/construction is
substantially com plete and pro vide as-builts. W ithin seven (7) days, Landlord m ay
inspect Tenant's work, at Tenant's expense, to verify com pletion in accordance with this
Lease, Tenant's requirem ents, and the as-builts.
(d) O pera tion. Tenant shall have the right, at its sole cost and expense, to
operate and m aintain the Com m unication Facility on the Leased Prem ises in
accordance with good engineering pra ctices, with all applicable FCC rules and
regulations. A ny dam age done to the Leased Prem ises or other Landlord pro perty
including the Structure during installation of the Com m unication Facility or during
operations shall be re paired at Tenant's expense within 30 days after notification of
dam age. The Com m unication Facility shall rem ain the exclusive pro perty of the Tenant,
unless otherw ise provided in this Lease.
(e) Tenant M aintenance. Tenant shall, at its ow n expense, m aintain the
Com m unication Facility and any pro perty on the Leased Prem ises or attached to the
Structure in a safe condition and in good repair and in a m anner that does not conflict
with use by Landlord. A ny m odifications to the Leased Prem ises fo r Tenant's benefit
shall be at the Tenant's expense. The Com m unication Facility and any associated
pro perty on the Leased Prem ises shall be secured by Tenant and m aintained in good
repair, in a m anner equivalent to the Landlord's m aintenance of its pro perty and
facilities on the and adjacent to the Leased Prem ises.
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(f) La ndlo rd M ain te nan c e . La ndlo rd cove n an ts that it w ill ke ep the tow e r in
g o o d r e p a ir a s r e q u ire d by all la w s. T he La n d lord shall a lso co m p ly w ith all rule s an d
r e g u la t io n s e n fo r c e d b y t h e F e d e r a l C o m m u n ic a ti o n s C o m m issio n w ith re g ard to the
lig h t in g , m a r k in g a n d p a in ti n g o f to w e r s . U p o n r e q u e s t o f t h e L a n d lord , T e nan t ag re e s
to r e lo c a t e its eq u ipm en t on a te m p o ra ry ba sis to an o the r loca tion on the P ro p ert y,
h e r e in a ft e r r e f e r r e d to a s the "T e m p ora ry R e lo ca tion ," fo r the pu rpo se of La nd lo rd
p e rf o r m in g m a in t e n a n c e , r e p a ir o r s im il a r w o r k a t t h e P ro p e rt y o r on the to w e r pro vide d:
(i) T he T e m p ora ry R e lo ca tio n is sim ilar to T en ant's ex istin g loca tio n in size
and is fully co m pa tib le fo r T enan t's use , in T e n an t's rea sonab le de te rm in a tion ;
(ii) L a n d lo r d g iv e s T e n a n t a t le a s t n in e ty (9 0) days w ritte n no tic e prior to
r e q u ir in g T e n a n t to r e lo c a t e ;
(iii) T e n a n t's u s e a t t h e P r e m is e s is n o t in terrup ted o r dim in ish ed du ring the
r e lo c a t io n a n d T e n a n t is a ll o w e d , if n e c e s s a r y , in T e n a n t's rea so n a b le
d e t e r m in a ti o n , t o p la c e a t e m p o r a ry in s t a ll a t io n o n t h e P ro p e rt y d u r in g a n y s u c h
r e lo c a t io n ; a n d
(iv ) U p o n t h e c o m p le t io n o f a n y m a in t e n a n c e , r e p a ir o r s im il a r w o rk by
L a n d lo r d , T e n a n t is p e r m itt e d t o r e t u rn to it s o r ig in a l lo c a t io n f ro m the te m p ora ry
lo c a t io n w it h all co sts fo r the sa m e be in g paid by T e n an t.
(g ) M od ific a tio n s . P ro v id ed the m onop o le ca n structu ra lly su pp o rt the
m o d ifi e d e q u ip m e n t, upon no tice to La n dlord , T e nan t sh all have the righ t to re p la ce ,
r e p a ir , o r m o d if y (b u t n o t en large ) its eq u ip m e nt and a nte n n as o r any port ion thereo f
a n d t h e fr e q u e n c ie s o v e r w h ic h t h e e q u ip m e n t o p e r ate s , w hethe r the eq u ip m ent,
an te n n a s, co ndu its o r fre q u e n c ies are sp e cifie d or no t o n a ny ex hibit att a c he d hereto .
La nd lord m u st co n sen t to an y ad dition of eq u ip m ent to the C om m u n ica tio n Fa c ility.
T e n ant shall no tify La n dlo rd in w ritin g of any re q u est to ad d ad ditio nal eq u ip m ent to the
C om m u n ica tion Fa ci lity. U pon su c h re q u e st, La n d lo rd m ay retain a qu alified
pro fessional to ev a lu ate the req u este d m od ification . La n dlo rd m a y con dition its
co n se nt o n the ne g otia tio n of the am ou n t of ad d itio n a l re n ta l fo r the ad ditio n of
eq u ip m e n t. T e n an t sh all su bm it to La n dlo rd a de ta iled pro p osa l fo r an y su c h ad d itions
an d a ny other info rm atio n re a so n ab ly re q u este d by La n dlord , in cl u d in g bu t not lim ited to
a te chn ica l stud y carried o ut at T ena nt's ex p e nse.
(h ) D raw in g s . T e n an t sh all pro vid e La nd lo rd w ith as-b u ilt dra w in g s of the
eq u ip m ent a n d im pro v e m en ts insta lle d o n the Le a se d P re m ise s , w hic h sh o w the actual
location of a ll po rt io ns of the C o m m u n ic atio n Fa c ility. S a id draw in g s sh a ll be
acco m p a n ied by a co m ple te an d de ta iled in ve nto ry of all eq u ip m ent, pe rsonal pro p e rt y,
and ap p u rt e n an c e s actu ally pla ce d on the Le a se d P re m ise s .
(i) N o In te rf e re nc e . T e n an t sh all, at its ow n ex p ens e, m ain tain any
eq u ip m ent o n o r att a c hed to the Le a se d P re m ise s in a safe co n d ition , in goo d re p air
an d in a m a n n er su ita b le to Land lo rd so as not to co nfli ct w ith the use of the
su rro u n din g pre m ises by La n dlord . T en an t shall not unre ason ab ly in te rf e re w ith the
op e ration s of an y prio r ten an t usin g th e S truc ture an d sha ll not inte rf e re w ith the
w o rkin g use of the Le a se d P re m ise s by La n d lo rd .
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U) A ccess. Tenant, at all tim es during this Lease, and with the appro val of
L a n d lord shall have access to the Leased Prem ises in order to install, operate, and
m aintain its Com m unication Facility. Tenant shall request access to the Structure
twenty-fo ur (24) hours in advance, except in an em ergency, and Landlord's' approval
thereof shall not be unreasonably withheld or delayed. In the event it is necessary fo r
Tenant to have access to the Structure at som e tim e other than the norm al working
hours of Landlord, Landlord m ay charge Tenant fo r whatever reasonable expense,
including em ployees' wages that Landlord incurs in pro viding such access to Tenant.
(k) Paym ent of Taxes and Utilities. Tenant shall separately m eter charges fo r
the consum ption of electricity and other utilities associated with its use of the Leased
Prem ises and shall prom ptly pay all costs associated therew ith. Tenant shall be solely
responsible fo r any pro perty taxes levied against the Leased Prem ises attributable to
Tenant's use pursuant to this Lease. As a condition of Tenant's obligation to pay any
property taxes, Landlord shall pro vide Tenant with docum entation indicating that the
pro perty tax was attributable to Tenant's tenancy or use. 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.
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, Landlord may permit Tenant
to 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 30 days unless Tenant obtains further written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall
promptly pay to Landlord its proportionate share of 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. There may be scheduled interruptions. Except in the case
of an emergency, Landlord shall give Tenant reasonable notice of repair, repainting or
restoration requiring temporary removal and relocation.
8. Additional Buildings. Tenant acknowledges that Landlord does not intend to
permit permanent buildings or structures to be constructed or installed on the property
except as may be depicted and described in Exhibit A.
9. Defense and Indemnification.
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(a) G eneral. Tenant agrees to defend, indem nify and hold harm less Landlord
a n d its e le c te d o ff ic ia ls , o ff ic e rs , e m ployees, agents, and representatives from and
against any and all claim s, costs, losses, expenses, dem ands, actions, or causes of
action, including reasonable attorn eys' fees and other costs and expenses of litigation,
which m ay be asserted against or incurred by Landlord or fo r which Landlord m ay be
lia b le in th e p e rf o r m a n c e o f th is L e ase, except to the extent such claim s arise from the
n e g lig e n c e , w ill fu l m is c o n d u c t, o r o t h e r fa u lt o f L a n d lo rd. Tenant shall defend all claim s
arising out of the installation, operation, use, m aintenance, repair, rem oval, or presence
of Tenant's Com m unication Facility, equipm ent and related facilities on the Leased
Prem ises except to the extent such claim s arise from the negligence, willful m isconduct,
or other fault of Landlord. Nothing herein shall be deem ed a waiver by Landlord of the
lim itations on liability set fo rth in M innesota Statutes, Chapter 466.
(b) Hazardous M aterials. W ithout lim iting the scope of Subparagraph 9(a)
above, Tenant will be solely responsible fo r and will defend, indem nify, and hold
Landlord, its agents, and em ployees harm less from and against any and all claim s,
costs, and liabilities, including attorn ey's fees and costs, arising out of or in connection
with the cleanup or re stora tion of the Leased Prem ises to the extent resulting fro m the
Tenant's use of Hazardous M aterials except to the extent resulting fro m the negligence
or m isconduct of Landlord.
Landlord will be solely responsible fo r and will defend, indem nify, and hold Tenant, its
agents, and em ployees harm less fro m and against any and all direct claim s, costs, and
liabilities, including reasonable attorn ey's fees and costs, arising out of in connection
with the rem oval, cleanup, or restoration of the Leased Prem ises with respect to
Hazardous M aterials from any and all sources other than those Hazardous M aterials
introduced to the Leased Prem ises by Tenant and their agents, including independent
contractors. Nothing herein shall be deem ed a waiver by Lessor of the lim itations on
liability set fo rth in M innesota Statutes, Chapter 466.
For purposes of this Lease, "Hazardous M aterials" shall be interpreted bro adly and
specifically includes, without lim itation, asbestos, petro leum , fuel, batteries, PCBs, or
any hazardous substance, waste, or m aterials as defined in any federal, state or local
environm ental or safety law or regulations including, but not lim ited to, CERCLA , and
the Clean W ater Act.
(c) Tenant's W arranty. Tenant represents and warrants that its use of the
Leased Prem ises will not generate and Tenant will not store or dispose of on the
Leased Prem ises, nor transport to or over the Leased Prem ises, any Hazardous
M aterials, unless Tenant specifically info rm s Landlord thereof in writing twenty fo ur
hours prior to such storage, disposal or tra nsport, or otherw ise as soon as Tenant
becom es aw are of the existence of Hazardous M aterials on the Leased Prem ises.
Tenant hereby info rm s Landlord that Tenant uses equipm ent and supplies in the norm al
course of pro viding telecom m unication serv ices such as electro nics, cables and
cleaning supplies that m ay contain Hazardous M aterials, and Landlord agrees that the
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use of such equipm ent and supplies is not a breach of this paragraph as long as they
are m aintained and used in com pliance with applicable law . Tenant m ay m aintain a
tem porary generator and back-up batteries on-site, all of which m ust be m aintained and
used in com pliance with applicable law .
The obligations of this Paragraph 9 shall surv ive the expiration or other
term ination of this Lease.
10. Insurance.
(a) Workers' Compensation. The Tenant must maintain Workers'
Compensation insurance in compliance with all applicable statutes.
(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, personal and advertising injury, Premises/Operation,
contractual liability, independent contractors, and products/completed operations.
The Tenant must maintain aforementioned commercial general liability coverage
with limits of $5,000,000 each occurrence and $5,000,000 general aggregate, and
$5,000,000 products and completed operations aggregate.
(c) Automobile Liability. The Tenant must carry Automobile Liability coverage
in the amount of $5,000,000 combined single limit each accident for bodily injury and
property damage covering all owned, non-owned and hired automobiles.
(d) Tenant Property Insurance. The Tenant must keep in force for the
duration of the Lease a policy covering damages to its property at the Leased Premises.
The amount of coverage shall be sufficient to replace the damaged property, loss of use
and comply with any ordinary or law requirements.
(e) Additional Insured - Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a Certificate of
Insurance issued by a company (rated 8+12 or better), licensed, authorized or permitted
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 as their
interest may appear under this Agreement on the General Liability and Commercial
Automobile Liability Policies. Upon receipt of notice from its insurer(s), Tenant will use
commercially reasonable efforts to provide Landlord with thirty (30) days' prior written
notice of cancellation.
11. Damage or Destruction. If the Leased Premises is destroyed or damaged,
without contributory fault of the Tenant or its agents, so as, in Tenant's judgement, to
hinder its effective use of the Communication Facility, Tenant may elect to terminate the
Lease, upon thirty (30) days' written notice to Landlord. In the event Tenant elects to
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te rm ina te the Le a se, T en an t shall be e ntitle d to re im b u rsem en t of pre -p aid re nt coverin g
the pe riod subse q u e n t to the da te of dam a g e to o r de struction of the Le a se d P re m is e s.
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, effective at the end of the Initial Term or effective at
the end of any Renewal Term, 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 terminate
for these reasons, Landlord shall provide at least 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;
(v) 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
(vi) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to
government approvals granted thereunder, after a public hearing before the
Landlord's Council.
(b) Notice of Termination. The parties shall give notice of termination in
writing by certified mail, return receipt requested. Such notice shall be effective upon
receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liability for Early Termination. If Tenant terminates this Lease
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other than of right as pro vided in this Lease, Tenant shall pay to Landlord 100% of the
rent due for the rem aining Term of the Lease.
(d) Site Restoration. In the event that this Lease is term inated or not
renewed, Tenant shall have 90 days from the term ination or expira tion date to remove
its Comm unication Facility and related equipm ent from the Leased Premises, and repair
the site and restore the surface of the Structure, normal wear and tear excepted. Upon
the comm encem ent 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 fo llowing any lease termination. In the event that Tenant's Communication Facility,
and related equipm ent are not removed to the reasonable satisfaction of the Landlord,
they shall be deem ed abandoned and become the pro perty of the Landlord and Tenant
shall have no further rights thereto.
13. Limitation of Liability. Except for third-party indemnification pursuant to this
Lease, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights
or services, incidental, punitive, indirect, special or consequential damages, loss of
data, or interruption or loss of use of service, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict liability or
otherwise.
14. Temporary Interruptions of Service. If Landlord determines that continued
operation of the Communication Facility would cause or contribute to an immediate
threat to public health and/or safety (except for any issues associated with human
exposure to radio frequency omissions or radio frequency interference , which are
regulated by the federal government), Landlord may order Tenant to discontinue its
operation. Tenant shall immediately comply with such an order. Service shall be
discontinued only for the period that the immediate threat exists. If Landlord does not
give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its
action and give its reason for taking the action. Landlord shall not be liable to Tenant or
any other party for any interruption in Tenant's service or interference with Tenant's
operation of its Communication Facility. If the discontinuance extends for a period
greater than three days, either consecutively or cumulatively, Tenant shall have the right
to terminate this Lease within its sole discretion.
15. Tenant Interference.
(a) With Structure. Tenant shall not interfere with Landlord's existing 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.
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(b) W ith Higher Priority Users. If Tenant's Com m unication Facility causes
im perm issible interference with the equipm ent of higher priority users as set fo rth under
Subparagra ph 5(a) above or with any other pre-existing equipm ent, Tenant shall take all
m easures necessary to correct and elim inate the interference. If the interference
c a n n o t b e elim inated within 48 hours after receiving Landlord's written notice of the
interference, Tenant shall im m ediately cease operating its Com m unication Facility and
shall not reactivate operation, except interm ittent operation fo r the purpose of testing,
until the interference has been elim inated. If the interference cannot be elim inated
within 30 days after Tenant received Landlord's written notice, Tenant m ay at its option
term inate this Lease im m ediately.
(c) Interference Study- New O ccupants. Upon written notice by Landlord
that it has a bona fide request from any other party to lease an area including or in close
proxim ity to the Leased Prem ises ("Leased Prem ises A rea"), Tenant agrees to pro vide
Landlord, within sixty (60) days, the radio frequencies currently in operation or to be
operated in the future of each tra nsm itter and receiver installed and operational on the
Leased Prem ises at the tim e of such request. Landlord m ay then have an independent,
registered pro fe ssional engineer of Landlord's choosing perform the necessary
interference studies to determ ine if the new applicant's frequencies will cause harm ful
radio interference to Tenant. Landlord shall require the new applicant to pay fo r such
interference studies.
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
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 all or substantially all the assets of Tenant in the market
defined by the FCC in which the Property is located. 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, conditioned or delayed.
17. Condemnation. In the event the whole of the Leased Premises is taken by
eminent domain, either party shall have the right to terminate this Lease as of said date
of title transfer, by giving thirty (30) days' written notice to the other party. In event a
portion of the Leased Premises is taken by eminent domain, Tenant shall have the right
to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written
notice to the Landlord. 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
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Tenant's business and any costs or expenses incurred by Tenant in m oving/rem oving
its e q u ip m e n t , personal pro perty, A ntennas Facilities, and leasehold im pro vem ents.
1 8 . 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 arbitrator or court, including appellate courts, shall be entitled to recover costs and
reasonable attorneys' fees incurred as a result of such claim, but in no event shall such
fees and costs recoverable exceed $7,500.00.
19. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, addressed as follows (or any
other address that the party to be notified may have designated to the sender by like
notice):
If to Landlord, to: City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
If to Tenant, to: Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
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.
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25. Quiet Possession. Tenant is entitled to quiet possession of the Leased
Premises throughout the Term and any Renewal Term so long as Tenant is not in
default hereunder beyond any applicable cure period.
26. Memorandum of Lease. If requested by Tenant, Landlord will promptly execute
and deliver to Tenant a recordable Memorandum of this Agreement.
27. Administrative Fee for Additional Landlord Costs. Tenant has deposited a fee
of Five Thousand and No/100 Dollars ($5,000.00) ("Deposit") to Landlord to reimburse
its expenses associated with processing Tenant's request to use the Leased Premises.
The Deposit will be used to reimburse Landlord for costs incurred by Landlord
associated with reviewing and approving Tenant's requested installations, including but
not limited to attorney's fees, staff and administrative review time and third part
consultant fees and expenses. Within thirty (30) days following completion of the
proposed modifications, Landlord shall refund the remaining balance of the Deposit, if
any, to Tenant and provide Tenant with reasonable documentation itemizing the
amounts taken from the deposit used to reimburse Landlord. In the event Landlord's
documented fees and expenses, including consultant fees, and expenses, exceed the
Deposit, Tenant will reimburse the Landlord in such additional amount within thirty (30)
days of receipt of the documentation.
490821 v2 RJV RCl45-275
MIN Bart Lease
3943807vl
12
IN W ITNESS W H ER EO F, 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
Date: ----------
TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
By:
Title:
Date: ----------
490821v2 RJV RC145-275
MIN Bart Lease
3943807vl
13
Exh ibit A
L E G A L D E S C R IP T IO N O F O W N E R 'S P R O P E R T Y
The property is legally described as follows:
Lot 1, Block 1, Richfield City Hall, Hennepin County, Minnesota
Abstract Property
490821 v2 RJV RC145-275
MIN Bart Lease
3943807v]
14
EX H IB IT B
S E E A T T A C H E D S K E T C H A N D D E S C R IP T IO N O F LE A S E D P R E M IS E S S H O W N IN
R E LA T IO N T O O W N E R 'S PR O P E R TY
49082Iv2 RJV RCI45-275
MIN Bart Lease
3943807vl
15
E 67TH STREET
EXISTING ORVIEWAY I
c;)1
EXISTING FENCE~,:
EXISTING BUILDING LOW ROOF :'.:,I
l!SSEE UTIUTIES RIGHT OF' WAY,
10'-0" WIDE
t I
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-- -- -- --
D
EXISTI NG POI.E MOUNTED TRAN SFO RMER
\
- \' _ _..,_Ir:-- --- -"---~--i.1-.-
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] I
ci'I
L.I
1£SSEE UTIUTIES RIGHT OF WAY, ~4"--""-J,+----11
5'-o" WIDE j I
'I
,JI
i I
'?1
E----¥.--+----::,..-- 1£SSEE U1lllTI ES
RIGHT OF WAY,
5' -o • WIDE ,.,l
~ EXISTING TENNIS COURT_____,,/
--
MIN
BART
_/
EXISTING BUILDING ('~-
--,-
/
EXISTING BUILDING /
/
/
EXISTING }ONOPOLE
/
/
/
/-- ---.....,...- -- /
/ I //
I//
f---
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I
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I
I
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OP PATIO 7 EXISTING ROOFT
LESSEE VERTICAL
RIGHT OF WAY, UTIUllES 5• -o• WIDE
EXISTING ROOF CURBS
EE ROOF SPACE, l£SS 150 sr,
CABLE TRAY EXISTING ROOF
MIN Bart
Memorandum of Site Lease Agreement
3763850v1
1
DRAFTED BY
AND RETURN TO:
Moss & Barnett (AAD)
150 South Fifth Street, Suite 1200
Minneapolis, MN 55402
(Site Name: MIN Bart)
(Prepared by: Cheryl S. Sheldon, Telephone No. (612) 877-5392)
Parcel Id. No. 27-028-24-41-0135
Legal Description on Page 5
______________________________________________________________________________
(Space above this line for Recorder’s use.)
MEMORANDUM OF SITE LEASE AGREEMENT
THIS MEMORANDUM OF SITE LEASE AGREEMENT is made this ________ day of ____________,
20__, between City of Richfield, Minnesota, a Minnesota municipal corporation,with a mailing address
of 6700 Portland Avenue South, Richfield, Minnesota 55423, hereinafter referred to as LANDLORD, and
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its address for notice located at 180
Washington Valley Road, Bedminster, New Jersey 07921, hereinafter referred to as TENANT. LANDLORD
and TENANT are at times collectively referred to hereinafter as the “Parties” or individually as the
“Party”.
1.LANDLORD and TENANT entered into a Site Lease Agreement (the “Agreement”) on
__________________, 20___. The Initial Term of the Lease shall commence on June 1, 2018.
Tenant may extend the term of the Lease for three (3) additional five (5) year renewal periods as
provided in the Agreement.
2.Pursuant to the Agreement, LANDLORD leased to TENANT the right to install, maintain and
operate communications equipment on LANDLORD'S monopole and on the roof of the building
owned by LANDLORD at 6700 Portland Avenue, City of Richfield, County of Hennepin, State of
Minnesota (the “Property”), along with access and utility rights. The Property is legally
described on Exhibit “A” attached hereto and made a part hereof.
MIN Bart
Memorandum of Site Lease Agreement
3763850v1
2
3.The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, extend to and are binding upon the
respective executors, administrators, heirs, successors and assigns of LANDLORD and TENANT.
Signatures on following page
The remainder of this page intentionally left blank
MIN Bart
Memorandum of Site Lease Agreement
3763850v1
3
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LANDLORD and TENANT have
caused this Memorandum to be duly executed on the date written herein below.
LANDLORD:
City of Richfield, Minnesota,
a Minnesota municipal corporation
By: _________________________________
Name: ______________________________
Its: Mayor
Date: _______________________________
By: _________________________________
Name: ______________________________
Its: City Manager
Date: _______________________________
TENANT:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
By:
Name:
Its:
Date:
Acknowledgments on following page
The remainder of this page intentionally left blank
MIN Bart
Memorandum of Site Lease Agreement
3763850v1
4
ACKNOWLEDGMENTS
LANDLORD ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on _______________, 20___, by
_________________________, and _________________________, respectively, the Mayor and City
Manager of the City of Richfield, Minnesota, a Minnesota municipal corporation, on behalf of the
corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
TENANT ACKNOWLEDGMENT
STATE OF _________________ )
) ss.
COUNTY OF_______________ )
On this ______ day of _________________, 20___, before me, the undersigned, a Notary Public
in and for the State of _________________, duly commissioned and sworn, personally appeared
________________________, to me known to be the ___________________________________ of
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Print or Type Name:
Notary Public in and for the State of
My appointment expires:
MIN Bart
Memorandum of Site Lease Agreement
3763850v1
5
Exhibit “A”
Legal Description
Lot 1, Block 1, Richfield City Hall, Hennepin County, Minnesota
Abstract Property
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.B.
STAFF RE P ORT NO. 37
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: E lizabeth F innegan, C ivil E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
2/21/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of award of a contract for the 66th Street Streetscape Project and
authorize the City Manager to approve changes in the contract up to $100,000.
E X E C UT IV E S UM M ARY:
Consistent with City Council direction, the Capital I mprovement Plan, and the City's Comprehensive Plan,
staff is working towards the reconstruction of 66th Street from Xerxes to 16th Avenue.
As part of the reconstruction of 66th Street, the City Council approved the Cooperative Agreement between
the City of Richfield and Hennepin County at its J une 14, 2016, meeting which included that the City would
lead the design and construction of the 66th Street Streetscape Project.
Final plans were developed by Bolton and Menk, I nc. and were approved by City Council at their J anuary 23,
2018, meeting.
An ad for bid was placed in the Richfield Sun Current on J anuary 25 and February 1, 2018. Four bids were
received. Bids for construction were open on February 15, 2018. Cedar Ridge Landscaping was the lowest
responsible bidder. The Engineer's Estimate of cost for construction was $1,845,310.
Unspent funds will be utilized to continue streetscape projects such as public art, 35W bridge lighting, utility
box wrapping, and/or additional projects to be identified in the future.
RE C O M M E ND E D AC T I O N:
By motion: Accept the bid minutes/tabulation and award a contract to Cedar Ridge Landscaping, in
the amount of $1,132,055 and authorize the City Manager to approve contract changes under $100,000
without further City Council authorization.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
I n 2012, Hennepin County was awarded a federal grant for the rec onstruc tion of C S A H 53 (66th
Street).
Hennepin County staff designed the road project with City consultants providing the utility design.
The C ity's role on the 66th Street project inc luded leading the public input process and delivering
the streetscape contract following the road reconstruction.
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 projects.
City Council approved the hiring of Bolton & Menk, I nc. for final design and coordination services
of the 66th Street Streetscape Project on August 23, 2016.
City Council approved the final plans and specs on J anuary 23, 2018.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
This project is identified in the City's Capital I mprovement Program and Five-Year Street
Reconstruction Plan.
Council approval is required for expenditures over $100,000.
All contracts over $100,000 require sealed bids to be solicited by public notice.
C.C R IT IC AL T IMIN G IS S U E S:
The acceptance of the bid tabulation and the award of contract will allow for construction to stay
on schedule to begin in 2018.
D.F IN AN C IAL IMPAC T:
Award of Streetscape Contract
Four bids were received for construction, the lowest bid was $1,132,055.
The Engineer's Estimate of cost for construction was $1,845,310.
Total Streetscape Project Budget
The total streetscape project budget (including design, construction and construction services) is
$2,700,000. The bid, proposal, and design is projected to be under budget.
The project will be funded 2/3 by City (Municipal State Aid) and 1/3 by County (County State
Aid).
E.L E GAL C ON S ID E R AT ION:
The City Attorney will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
B id Tabulation B ackup Material
C ontract C ontract/A greement
S treetscape E stimate B ackup Material
CITY OF RICHFIELD, MINNESOTA
Bid Opening
February 15, 2018
9:30 a.m.
66th Street (CSAH 53) Streetscape Improvements
Bid No. 18-01
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Elizabeth VanHoose, City Clerk, who announced that the purpose of the
meeting was to receive; open and read aloud bids for the 66th Street (CSAH 53)
Streetscape Improvements, as advertised in the official newspaper on January 25,
2018, and February 1, 2018.
Present: Elizabeth VanHoose, City Clerk
Jack Broz, Transportation Engineer
Jared Voto, City Manager Representative
The following bids were submitted and read aloud:
Bidder’s Name Bond Proposal
Form
Non-
Collusion
Intent to
Comply
Responsible
Contractor
Total Base Bid
Cedar Ridge
Landscaping Provided Provided Provided
Not Provided
at Opening
(Provided
Later)
Provided $1,132,055.00
Hoffman & McNamara Provided Provided Provided Provided Provided $1,549,042.00
Autumn Ridge
Landscaping Provided Provided Provided Provided Provided $1,377,571.00
Peterson Companies Provided Provided Provided Provided Provided $1,293,047.00
The City Clerk announced that the bids would be tabulated and considered at the
February 27, 2018 City Council Meeting.
________________________________
Elizabeth VanHoose City Clerk
1
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT FOR MUNICIPAL CONSTRUCTION
City Project No. 41009
Contract No. 2830
Bid No. 18-01
Class of Work: Landscaping
THIS AGREEMENT is made this 27th day of February, 2018, between the City of Richfield, Minnesota,
acting by and through its Mayor and City Manager (“City”) and Cedar Ridge Landscaping (“Contractor”).
1. Contract Price. The Contractor, in consideration of the payment of the contract price – One
Million One-hundred thirty-two Thousand fifty-five Dollars and zero Cents ($1,132,055.00) – will
furnish all materials (except such as are specified to be furnished by the City, if any), all
necessary tools and equipment, and do and perform all the necessary work and labor for the full
completion of the City Project: 66th Street Streetscape Project (“Project”).
2. Compliance with Plans. Contractor shall complete the Project as shown in the approved plans,
specifications and special provisions (collectively, “Plans”) that are on file in the office of the
City’s Public Works Department. The Plans are attached and are made a part of this Agreement.
Contractor agrees that all work shall be done and performed in the best and most proficient
manner and that all materials and labor shall be in strict conformity with the Plans for the
Project. All work is subject to inspection and approval by the City Engineer, or her authorized
designee. If the City rejects any material or labor as defective or unsuitable, then the Contractor
must remove the rejected materials and replace it with material approved by the City Engineer,
at the cost of the Contractor. The Contractor must also perform anew any rejected labor to the
satisfaction and approval of the City Engineer, or her designee, at the cost and expense of the
Contractor.
3. Commencement and Completion of Work. The Contractor further agrees that it will commence
work as soon after the Pre-Construction Meeting and as appropriate permits have been
obtained, and will have all work done and the improvement fully completed to the satisfaction
and approval of the City Council of the City of Richfield, Minnesota, on or before November 1,
2019. Additionally, the Contractor agrees to the two-year plant establishment period ending on
November 1, 2021.
4. Delays and Liquidated Damages. Time is of the essence for completion of the Project. If the
Contractor fails to complete the Project within the time herein specified, the City shall have the
2
right to deduct from the unpaid part of the contract price, liquidated damages (it being
impossible to determine the actual damages occasioned by the delay) of $1,500 for each
calendar day of delay, until the work is completed.
Upon receipt of written notice from the Contractor that there will be delay in completion of the
Project, the City may in its discretion extend the date for completion. In such case, the
Contractor shall become liable for liquidated damages only for failure to perform within the
time so extended.
If delays are caused by the weather, labor strikes or other factors not caused by Contractor and
Contractor cannot provide written notice as described above, then the City may also in its
discretion excuse such delays and extend the date for completion.
5. Claims for Extra Work or Materials. Contractor shall not do any work or furnish any materials
not covered by the Plans and this Agreement, unless such work or materials is first ordered in
writing and approved in writing by the City. If Contractor performs such extra work or provides
additional materials without the required written order and approval, the additional costs shall
be borne by Contractor.
6. City Not Liable. The City, including its Council, employees and agents, shall not be liable or
responsible in any manner to the Contractor, its subcontractors, materialmen, laborers or any
other person for any claim, demand, damages, actions, or causes of action of any kind arising
out of this Agreement or the performance and completion of the Project described herein.
Dated at Richfield, Minnesota, this 27th day of February, 2018.
Signatures for: Cedar Ridge Landscaping (Contractor)
By
Its
Signatures for: CITY OF RICHFIELD, MINNESOTA (City)
By
Its City Manager, Steven L. Devich
By
Its Mayor
ENGINEER'S ESTIMATE
City of Richfield
66th Street Streetscape DATE:1/16/2018
ITEM
NO.Mn/DOT Item ITEM NOTES UNIT UNIT PRICE ROADWAY LSCP EST. COST ROADWAY LSCP EST. COST QTY QTY ROADWAY LSCP EST. COST ROADWAY LSCP EST. COST QTY QTY QTY COST
1 2021.501 MOBILIZATION LS $90,000.00 0.67 30,150.00$ 0.33 14,850.00$ 0.5 0.67 30,150.00$ 0.33 14,850.00$ 0.5 1 90,000.00$
2 2101.507 CLEARING & GRUBBING TREE $600.00 4 2,412.00$ 2 1,188.00$ 6 6 3,600.00$
3 2104.501 REMOVE FENCE LF $10.00 275 2,747.00$ 135 1,353.00$ 410 410 4,100.00$
4 2105.501 COMMON EXCAVATION (P) (EV)CY $15.00 174 2,613.00$ 1,287.00$ 260 8,442.00$ 4,158.00$ 840 1100 16,500.00$
5 2401.618 SPECIAL SURFACE FINISH - STAIN (EXISTING WOOD FENCE)SF $2.00 804 1,608.00$ 792.00$ 1200 1200 2,400.00$
6 2504.601 IRRIGATION SYSTEM LS $100,000.00 0.67 33,500.00$ 0.33 16,500.00$ 0.5 0.67 33,500.00$ 0.33 16,500.00$ 0.5 1 100,000.00$
7 2504.602 CONNECT TO EXISTING WATER SERVICE EA 1,200.00$ 0.67 804.00$ 0.33 396.00$ 1 0.67 1,608.00$ 0.33 792.00$ 2 3 3,600.00$
8 2504.602 CONNECT TO EXISTING WATERMAIN EA 1,200.00$ 0.67 804.00$ 0.33 396.00$ 1 0.67 1,608.00$ 0.33 792.00$ 2 3 3,600.00$
9 2540.602 WASTE RECEPTACLE EA $1,200.00 -$ -$ 21,600.00$ 18 18 18 21,600.00$
10 2540.602 STONE BLOCK BENCH EA $2,500.00 -$ -$ 40,000.00$ 16 16 16 40,000.00$
11 2557.602 PEDESTRIAN GATE DESIGN SPECIAL (48" WIDE CEDAR)EA $1,500.00 0.67 9,045.00$ 0.33 4,455.00$ 9 9 13,500.00$
12 2557.603 6' CEDAR FENCE SPECIAL LF $170.00 0.67 130,985.00$ 0.33 64,515.00$ 1150 1150 195,500.00$
13 2563.601 TRAFFIC CONTROL LS $50,000.00 0.67 16,750.00$ 0.33 8,250.00$ 0.5 16,750.00$ 8,250.00$ 0.5 1 50,000.00$
14 2564.536 SIGN PANEL TYPE SPECIAL (STREET SIGN)EA $300.00 8,643.00$ 4,257.00$ 43 0.67 5,427.00$ 0.33 2,673.00$ 27 70 21,000.00$
15 2571.501 CONIFEROUS TREE 6' HT. B&B TREE $675.00 30 20,351.25$ 15 10,023.75$ 45 4 2,713.50$ 2 $1,336.50 6 51 34,425.00$
16 2571.502 DECIDUOUS TREE 2.5" CAL B&B TREE $675.00 183 123,464.25$ 90 60,810.75$ 273 232 156,478.50$ 114 $77,071.50 346 619 417,825.00$
17 2571.502 DECIDUOUS TREE 1.5" CAL B&B (6'-8' HT.)TREE $600.00 38 22,512.00$ 18 11,088.00$ 56 11 6,834.00$ 6 $3,366.00 17 73 43,800.00$
18 2571.504 CONIFEROUS SHRUB 2.5' SPREAD CONTAINER TREE $78.00 36 2,769.78$ 17 1,364.22$ 53 5 365.82$ 2 $180.18 7 60 4,680.00$
19 2571.505 DECIDUOUS SHRUB NO 5 CONTAINER SHRB $78.00 267 20,799.48$ 131 10,244.52$ 398 310 24,144.12$ 152 $11,891.88 462 860 67,080.00$
20 2571.507 ORNAMENTAL GRASS NO 1 CONTAINER PLT $20.00 1179 23,570.60$ 580 11,609.40$ 1759 4905 98,101.40$ 2416 $48,318.60 7321 9080 181,600.00$
21 2571.507 PERENNIAL 1 GAL CONTAINER PLT $20.00 4579 91,589.00$ 2256 45,111.00$ 6835 6950 138,998.20$ 3423 $68,461.80 10373 17208 344,160.00$
22 2573.530 INLET PROTECTION EA $190.00 23 4,328.20$ 11 2,131.80$ 34 36 6,874.20$ 18 $3,385.80 54 88 16,720.00$
23 2573.533 SEDIMENT LOG (TYPE STRAW)LF $4.00 3015 12,060.00$ 1485 5,940.00$ 4500 7544 30,176.80$ 3716 $14,863.20 11260 15760 63,040.00$
24 2575.513 MULCH MATERIAL TYPE 6 CY $68.00 298 20,274.20$ 147 9,985.80$ 445 442 30,069.60$ 218 $14,810.40 660 1105 75,140.00$
25 2575.608 SEED MIXTURE SPECIAL (includes fertilizer and hydraulic fiber)SY $12.00 1005 12,060.00$ 495 5,940.00$ 1500 750 9,004.80$ 370 $4,435.20 1120 2620 31,440.00$
ESTIMATED CONSTRUCTION COST 593,839.76$ 292,488.24$ 662,845.94$ 296,136.06$ 1,845,310.00$
0.32 0.16 0.36 0.16
10%184,531.00$
ESTIMATED CONSTRUCTION COST (WITH 10% CONT.)2,029,841.00$
TOTALCITY OF RICHFIELD
S.A.P. 157-020-030
HENNEPIN COUNTY
S.A.P. 157-020-030
NON-
PART
2018
TOTAL
QTY
CITY OF RICHFIELD
S.A.P. 157-020-030
HENNEPIN COUNTY
S.A.P. 157-020-030
NON-
PART
2019
TOTAL
QTY
PHASE 1 (2018)PHASE 2 (2019)
2/20/2018, 8:21 AM
Engineer's Estimate
Bolton & Menk, Inc.Page 1 of 1
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.C.
STAFF RE P ORT NO. 38
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: Taylor B urandt, A dministrative A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
2/14/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a policy for residents choosing to replace their radio water meter with
a manual water meter.
E X E C UT IV E S UM M ARY:
The proposed policy is for property owners who desire replacing the standard radio read meter with a manual
read meter. Staff has received one request to convert back to the old system due to health concerns related to
the radio frequency. The proposed policy includes the following:
A request be made in writing from the property owner.
An alternative to relocate the existing radio read transmitter outside of the home, with no cost to the
property owner.
A second alternative to remove the radio meter and install a manual read meter with a reader on the
outside of the home. The manual read requires residents to report water usage quarterly, in a timely
manner.
The opt-out costs are:
The cost of the meter (City Code Section 715.17, subd.2)
Quarterly fee to coordinate and process manual readings ($40)
A penalty per quarter for residents that do not provide quarterly readings ($50)
A penalty per quarter for denial of access for required City in-home annual meter read ($100)
Approval would be granted by the Utilities Superintendent
RE C O M M E ND E D AC T I O N:
By motion: Approve a policy for residents choosing to replace their radio water meter with a manual
water meter.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
I n 2007, the Utilities Division conducted a city-wide switch from manual read meters to radio read
meters. The radio read meters no longer required employees to go to every property and read the
meter. The switch saved staff time and assured more accurate reads.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
City Code Section 715.17, subd. 2, states the owner responsibility for the fee of the water meter.
Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City
Council. The fees for this policy will be added during the next annual fee schedule update.
C.C R IT IC AL T IMIN G IS S U E S:
None
D.F IN AN C IAL IMPAC T:
The financial impacts of changing a meter from a radio read meter to a manual read meter will be
accounted for in the City Fee Schedule.
The fees will be incorporated into the fee schedule in the next annual update.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has reviewed the policy and will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
P olicy B ackup Material
PUBLIC WORKS DEPARTMENT
CITY OF RICHFIELD
DATE: 02/12/18
SUBJECT: Radio Read Meter Relocation and Removal Policy
Purpose
The purpose of this policy is to establish the options in which a resident may choose to
relocate or remove their radio read water meter (hereinafter “radio meter”) and replace it
with a manual read water meter (hereinafter “manual meter”).
Policy
The following are required criteria for removing a radio meter:
• A written request by the property owner needs to be sent to and approved by the
Utilities Superintendent; and
• The owner must supply two types of contact information; and
• A Property Owner Acknowledgement must be executed and returned to the
Utilities Superintendent if Option 2 is chosen; and
• All fees listed herein are subject to penalties if not paid on time; and
• It is the responsibility of the property owner to report the sale of the property to
the Utilities Superintendent before the date of sale; and
• The property owner must request the relocation or removal of the radio meter
within the parameters of the two (2) options listed below.
OPTION 1
The City may relocate the radio transmitter for the water meter to the outside of the
house. This would be done at no cost to the home owner.
No signed acknowledgement is required for option 1.
OPTION 2
The City installs a manual read meter with a reader on the outside of the home,
which would include with the cost of the manual read meter to the property owner as
determined by City Code Section 715.17, subd.2. Additionally, the reading of the
manual meters has a quarterly fee.
The property owner has three options to read the meter:
• The property owner or current resident will read the meter and send the
reading to City Staff;
• Utilities Staff will read the meter from the outside of the house each quarter
with consent of property owner; or
• A qualified licensed plumber in the State of Minnesota, at the cost of the
owner, may take the reading and send it to City Staff.
The City Staff will send out a notice when the meter needs to be read. If the reading is
not being done by City Staff, the reading will need to be sent back to the Public Works
Departments designated in the notice. If the resident fails to send the City the meter
reading, an additional charge will be attached to the account for an estimated quarterly
meter read.
The City or a qualified plumber, at the choice and cost to the property owner, will
read/repair the outside reader for the manual meter, by appointment. For denial or
refusal of access to let the City employee in to read the meter, a charge per quarter will
be placed on the account until staff is able read the meter or the meter reading is
provided by a qualified plumber.
The purpose of the fees is to cover the additional processes of manual readings. These
fees will be shown as a line item on the utility bill.
Termination of Agreement with Property Owner
The property will maintain a manual meter indefinitely, except under the following
circumstances:
• The property owner requests to remove the manual meter and replace it with a
radio meter;
• The property owner changes, and the new property owner requests a radio
meter; or
• The Public Works Director determines a severe health and/or safety hazard by
maintaining a manual meter.
Policy Review
This policy will be reviewed from time to time. All fees will be reviewed and updated
annually and reflected in the City’s Fee Schedule.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.D.
STAFF RE P ORT NO. 39
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
2/14/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval a purchase order for three (3) Ford Interceptor S U V's for the Public
Safety Department.
E X E C UT IV E S UM M ARY:
Three Public Safety Department squad cars are scheduled to be replaced in 2018. The cost of the vehicles is
$85,903.35 not including:
Tax
Title
License Fees
Transfer/purchase of equipment
I t is anticipated that an additional $21,000 will be needed to outfit all of the vehicles with the necessary
equipment. The estimated total cost for all three vehicles is $106,900.
RE C O M M E ND E D AC T I O N:
By motion: Approve a purchase order for three (3) Ford Police Interceptor vehicles for Public Safety to
Ford of Hibbing for $85,903.35 plus tax, title, license fees, and additional equipment costs.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Three Public Safety Department I nterceptor vehicles are scheduled to be replaced in 2018.
These vehicles are replaced every three years due to:
Average mileage over 75,000 miles
Significant engine idle time over the three year lifespan
The vehicles that are replaced are rotated into use as administrative vehicles used by the following
Divisions:
I nspections
Engineering
Utilities
Forestry
Parks and Recreation
After these vehicles have been utilized by the above Divisions they are then sold at auction.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City of Richfield participates in the Minnesota Cooperative Purchasing Program which allows
the City to purchase goods, certain services, and utilities from contracts established by the
Materials Management Division.
Ford of Hibbing is included in the Minnesota State Cooperative Purchasing Program.
W hen the purchase of materials, merchandise, equipment, or construction exceeds $100,000,
authority to purchase shall be submitted to the City Council for consideration.
C.C R IT IC AL T IMIN G IS S U E S:
The order deadline for 2018 models is March 1, 2018.
D.F IN AN C IAL IMPAC T:
$112,500 has been budgeted in the 2017R-2018P Central Garage Budget (61000-7500).
Upon delivery of the vehicles, additional charges (transfer of Police equipment such as radios and
logo applications) will be deducted from the remaining funds budgeted for this purchase.
E.L E GAL C ON S ID E R AT ION:
The City Attorney will be available for questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.E.
STAFF RE P ORT NO. 40
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: C hris L ink, Operations S uperintendent
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
2/20/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a resolution supporting proposed state law that provides limited
liability to commercial salt applicators that receive certification through an established voluntary salt
applicator program as offered through the Minnesota Pollution Control Agency (MP C A).
E X E C UT IV E S UM M ARY:
Background
I n 2016 a bill was introduced to the Minnesota House of Representatives to provide limited liability protection
to private commercial salt applicators. There was no further action. I n 2018 the same bill was introduced,
and is now being heard at the Environmental Committee. T he bill provides limited liability protection
to private commercial applicators who participate in the MP C A voluntary training (Smart Salting
Certification Program).
Private commercial applicators are reluctant to reduce the amount of salt applied out of concern over liability
related to injuries resulting from accidents caused by snow and ice on sidewalks and parking lots. Adopting a
resolution in support of proposed legislation may help address the amount of salt being applied to private
property.
Reason for Support
J ust one teaspoon of salt will permanently pollute five gallons of water. The over application of salt is
the primary contributor to the pollution of Minnesota lakes, wetlands, and streams. The MP C A conducted total
maximum daily load chloride studies to determine pollution rates.
The Minnesota Department of Transportation (MnD OT), counties, and cities have been attempting to reduce
salt application rates to reduce pollution. Since 2012, City of Richfield Public Works staff has reduced salt
application by approximately 60% through proper education and calibration of equipment. Staff are continuing
to look at ways to further reduce the amount of salt applied to city roads.
Staff recommends supporting the limited liability for private applicators in order to continue efforts to reduce
salt application.
RE C O M M E ND E D AC T I O N:
By motion: Approve a resolution supporting state law that provides limited liability to commercial salt
applicators that receive certification through an established voluntary salt applicator program as
offered through the Minnesota Pollution Control Agency.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See executive summary
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
MP C A - Total Maximum Daily Load (TMD L) Chlorides study: supporting evidence of water
pollution from chlorides found in salt.
C.C R IT IC AL T IMIN G IS S U E S:
This bill is to be heard during this years legislative session.
Any support to help private applicators reduce their salt application will benefit MN lakes, streams,
and wetlands.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
The City Attorney will be available to answer questions.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO. _______
RESOLUTION SUPPORTING STATE LAW THAT PROVIDES
LIMITED LIABILITY TO COMMERCIAL SALT APPLICATORS
THAT ARE CERTIFIED THROUGH AN ESTABLISHED
VOLUNTARY SALT APPLICATOR CERTIFICATION PROGRAM
WHEREAS, chloride contamination of water resources has been found in urban
areas around the state; and
WHEREAS, the Minnesota Pollution Control Agency (MPCA) has listed 39
waterbodies in the Twin Cities metro area as impaired for chloride and has completed
Total Maximum Daily Load (TMDL) studies on Nine Mile Creek and Shingle Creek and is
currently developing TMDLs for the remaining impaired waterbodies through a metro-wide
TMDL study; and
WHEREAS, the TMDL studies have indicated that the largest chloride source to
our lakes and streams is through the application of chloride compounds on roads, parking
lots, sidewalks, and other hard surfaces for winter maintenance practices; and
WHEREAS, liability for property damage or personal injury as a result of snow or
ice is one of the main reasons over-salting occurs and many private commercial
contractors and property owners are reluctant to implement salt-reduction practices for
fear of increased liability; and
WHEREAS, the MPCA currently oversees a voluntary Smart Salting Certification
Program that provides training to public and commercial salt applicators, private property
owners, managers, and others on how to maintain safe surfaces using salt efficiently.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA AS FOLLOWS:
The City of Richfield supports passage and enactment of state law that provides a
limited liability exemption to commercial salt applicators and property owners using salt
applicators who are certified through the established salt applicator certification program
whom follow best management practices.
Adopted by the City Council of the City of Richfield, Minnesota, this 27th day of
February, 2018.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose , City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.F.
STAFF RE P ORT NO. 41
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: Jared Voto, E xecutive A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a resolution modifying the establishment of the Richfield
Transportation Commission.
E X E C UT IV E S UM M ARY:
At the February 1, 2018 meeting of the Arts Commission, members of the Public Works Department
presented on incorporating public art into transportation projects, such as the reconstruction of 66th
Street and Lyndale Avenue. Members of the Arts Commission discussed having a liaison serving on
the Transportation Commission to share information and have more commission collaboration.
T he Transportation Commission's establishing resolution directs the Planning Commission and
Community Services Commission to appoint one member of their respective commission to serve as
liaisons to the Transportation Commission. T his resolution modifies the establishment of the
Transportation Commission so that the Transportation Commission may, from time-to-time, request
other commission(s) appoint one member from their respective commission to the Transportation
Commission to serve as a liaison to their respective commission.
RE C O M M E ND E D AC T I O N:
By motion: Approve a resolution modifying the establishment of the Richfield Transportation
Commission.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Contained in the Executive Summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
On April 12, 2005, City Council approved Resolution No. 9607, Resolution Establishing a
Richfield Transportation Commission.
On March 25, 2008, City Council approved Resolution No. 10080, Resolution Modifying the
Establishment of a Richfield Transportation Commission.
On March 22, 2016, City Council approved Resolution No. 11187, Resolution Modifying the
Establishment of the Richfield Transportation Commission.
C.C R IT IC AL T IMIN G IS S U E S:
Approval at the February 27 meeting would allow the Arts Commission to assign a liaison to the
Transportation Commission at their next meeting on March 1, and the Transportation Commission
to amend their bylaws at their next meeting on March 7.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION MODIFYING THE ESTABLISHMENT OF THE RICHFIELD
TRANSPORTATION COMMISSION
WHEREAS, the City Council recognizes the importance that transportation
planning has on the overall development of the City of Richfield; and,
WHEREAS, the City Council established a Richfield Transportation Commission
on April 12, 2005 to advise the Council on a variety of transportation issues and to
encourage citizen involvement in the City’s decision-making process on transportation;
and,
WHEREAS, the City Council modified the establishment of the Richfield
Transportation Commission and March 22, 2016; and,
WHEREAS, it is the desire of the City Council to modify the resolution
establishing the Richfield Transportation Commission.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota that a Richfield Transportation Commission be established as
follows:
1. Resolution No. 11187, dated March 22, 2016, related to modifying the establishment
of the Transportation Commission, is hereby repealed.
2. The Commission will consist of nine members and two youth appointees. The City
Council will appoint nine members and two youth appointees. The Community
Services Commission and Planning Commission will each appoint one member from
their respective commissions to serve as liaisons to their respective commissions.
The Transportation Commission may, from time-to-time, request other
commission(s) appoint one member from their respective commission to the
Transportation Commission to serve as a liaison to their respective commission. The
liaisons from the other commissions will serve as non-voting members of the
Transportation Commission.
3. To be eligible for appointment, a person must be a resident or owner/manager of a
business in Richfield and must have an interest in diverse transportation or
environmental issues. It is desirable that each Council Ward be represented by three
residents or owner/managers of businesses.
4. The Richfield Bicycle Advisory Group (B.A.G.) will appoint one member to serve as a
non-voting liaison to the Transportation Commission with the following provisions:
(a) if the B.A.G. fails to meet regularly for more than four months; or
(b) if regular membership and/or attendance drops below six members; then,
(c) the liaison position be recommended for termination by the City Council.
5. The Council shall appoint three members to an initial term of two years, three
members to an initial term of three years, and three members to an initial term of
four years. All subsequent Council appointments shall be for a term of three years,
except when filling a vacancy in an unexpired term. The Community Services
Commission and Planning Commission shall establish the length of the term for their
respective appointees at the time of the appointment, but the term may not exceed
the remaining term of the appointee’s membership on the appointing commission.
6. The Commission shall be advisory to the City Council on transportation matters
including:
(a) review of policy plans on the state, regional or city level;
(b) encourage citizen involvement in the City’s decision-making process on
transportation issues;
(c) conduct transportation studies; and,
(d) oversee the planning of transportation projects.
7. The Commission will be charged to recommend transportation capital improvements
and prepare reports to the City Council on other related topics that the Council refers
to it.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
February, 2018.
Pat Elliott, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.G.
STAFF RE P ORT NO. 42
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: John S tark, C ommunity D evelopment D irector
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
2/14/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of the first reading of an ordinance amendment to the Richfield City
Code Appendix D Exhibit A (Construction and Related Permit Fees and Charges) to provide building
permit fee reductions to affordable housing developments and schedule a public hearing and second
reading for March 13, 2018.
E X E C UT IV E S UM M ARY:
Staff is proposing a fee reduction related to building permits in an effort to encourage and incentivize the
construction of new affordable housing units and/or the rehabilitation of existing affordable housing. This
reduction would only apply to building permits and related plan reviews conducted and issued by the City’s
I nspections Division and would exclude permits for demolition, storm water, utilities, Sewer Access Charges,
etc. and permits issued by state and regional authorities.
The fee reduction would only apply to projects that are required by local, state or federal government
agencies to provide at least 20% of their housing units as affordable to households earning at, or below, 60%
of the area median income (A MI ) for the initial homeowner or for a period of at least 5 years for rental
property.
The proposed building permit reduction would be 5% (up to a maximum of $4,000) for new construction and
10% (up to a maximum of $6,000) for rehabilitation of existing units. No one project or development entity
would be eligible to receive more than a $10,000 reduction in a two-year period.
The projects that may qualify may vary greatly from case-to-case. Staff, therefore, would like latitude to
approve or deny such permit reductions with the ability of applicants to appeal staff’s decision to the City
Council. I t should be noted that this permit fee reduction program is being considered at the City’s discretion
and should not be considered as an “entitlement.”
I n addition to encouraging the construction and rehabilitation of affordable units, this policy would allow the
City to earn additional points in our “Livable Communities” score from the Metropolitan Council. This score
factors in to the ranking of grant applications and could ultimately result in the City being more successful in
garnering grant funds.
RE C O M M E ND E D AC T I O N:
By Motion:
1. Approve a first reading of an ordinance amendment to Richfield City Code Appendix D Exhibit A
(Construction and Related Permit Fees and Charges); and
2. Schedule a public hearing and second reading for March 13, 2018.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The City has a long history of support of the construction and/or rehabilitation of affordable
housing.
There have been multiple City Council work sessions during the past year in which policy-makers
and staff have sought concrete ways of demonstrating that support.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City is supportive of the construction and/or rehabilitation of affordable housing.
This proposed fee reduction will provide a degree of incentive to the construction and/or
rehabilitation of affordable housing.
C.C R IT IC AL T IMIN G IS S U E S:
I f approved, a second reading and public hearing related to this ordinance amendment would
occur on March 13, 2018.
D.F IN AN C IAL IMPAC T:
The financial impact of this proposal is dependent on the number of units built or rehabilitated in
coming years.
I n the past ten years, the only project that would have qualified were the Lyndale Plaza apartments
at 6401 Lyndale, which would have received a $4,000 reduction in 2011.
Depending on their affordability requirements, it is possible that the rehabilitation of apartments at
Village Shores could have fit eligibility requirements as well.
As proposed, the Chamberlain Apartments project (which includes both new construction and
rehab) would receive a total reduction of approximately $6,300.
E.L E GAL C ON S ID E R AT ION:
The City Attorney has been consulted on this proposed fee reduction.
Notice of the public hearing shall be published in the Sun Current, as required.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Approval of the first reading of the ordinance with changes.
Reject the proposed ordinance.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
Revised A ppendix D Ordinance
A ffordable P ermit Reduction Guidelines E xhibit
EXHIBIT A
CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES
A. Investigation Fees: Work without a Permit:
Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made before a permit may be
issued for such work.
Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is
then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee
required by this code. The minimum investigation fee shall be the same as the minimum fee set forth
in Section 2. The payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
B. Permit fee refunds:
The building official may authorize refunding of not more than 80 percent of the permit fee paid when
no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application filed by
the original permitted not later than 180 days after the date of fee payment.
C. Affordable Housing City Permit Fee Reduction:
In an effort to encourage the construction and/or rehabilitation of affordable housing, City permit fees
for such housing may be reduced in accordance with the Affordable Housing Building Permit Fee
Reduction Guidelines adopted by the Richfield City Council on March 13, 2018 and kept on file in the
Community Development Department.
D. Permit Fees:
Type of Permit or
License
Section
Requiring
Description Fee
(a) Inspections outside of normal business
hours (minimum charge - two hours)
$60.00 per hour
(b) Reinspection fees (minimum charge
$35.00)
$60.00per hour
(c) Inspections for which no fee is
specifically indicated (minimum charge - one-
half hour)
$60.00 per hour
(d) Additional plan review required by
changes, additions or revision to plans
$60.00 per hour
(minimum charge - two hours)
(e) Fee to reissue building inspection
record card
$35.00
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employee involved.
(1) Building
Permits
400.03—
400.09
$1 to $500 (includes one inspection) $35.00
Each additional inspection $35.00
$501 to $2,000 $26.25 for the first $500
plus $3.50 each
additional $100, or
fraction thereof, to and
including $2,000 with a
minimum fee of $35.00.
$2,001 to $25,000 $77.25 for the first
$2,000 plus $15.50 for
each additional $1,000,
or fraction thereof, to
and including $25,000.
$25,001 to $50,000 $$436.50 for the first
$25,000 plus $11.25 for
each additional $1,000,
or fraction thereof, to
and including $50,000.
$50,001 to $100,000 $716.75 for the first
$50,000 plus $7.75 for
each additional $1,000,
or fraction thereof, to
and including $100,000.
$100,001 to $500,000 $1,106.25 for the first
$100,000 plus $6.25 for
each additional $1,000,
or fraction thereof, to
and including $500,000.
$500,001 to $1,000,000 $3,599.25 for the first
$500,000 plus $5.25 for
each additional $1,000,
or fraction thereof, to
and including
$1,000,000.
1,000,001 and up $6,242.50 for the first
$1,000,000 plus $4.25 for
each additional $1,000,
or fraction thereof.
(2) Driveway,
Parking Area
Permits
515.05 (no permit fee for sidewalks) $35.00
(3) Swimming 420.00 Permanent or portable pools are based on
building permit fees with a minimum of
$35.00
(4) Plan Review
Fee
400.03—
400.09
35% of building permit fee for one and two family dwelling basement
remodels
65% of building permit fee for all other building permits, except no fee
for the following:
(a) Existing single family dwelling minor nonstructural alterations.
(b) Single and two family dwelling repair and maintenance work.
(c) Commercial and industrial repair and maintenance work not
exceeding $1,000 or where plans are not required.
Plan review fee for
similar buildings
Maximum 25% of permit fee based on Minnesota State Building Code
1300.0160
(5) Contractors
License
Verification Fee
Charged once each time a contractor applies
for permit(s)
$5.00
(6) Moving-
Buildings
845 Moving Permit Fee $50.00
(7) Structure
Demolition
400.00—
400.09
(a) Commercial Demolition cost as per
Building Permit Schedule with a minimum of
$50.00
(b) Dwelling
One or two story
Residential - Garage and lesser structure
$50.00
$35.00
(8) Plumbing
Permit
400.03—
400.09
Residential
Minimum Fee 2% of Total Job cost with a
minimum of (includes one inspection)
$35.00
Each additional inspection $35.00
(9) Plumbing
Permit
400.03—
400.09
Commercial/Industrial/Multi-family Based on
Total Job cost
2% of Estimated Job cost with a minimum
of(includes one inspection)
$45.00
Each additional inspection $35.00
(10) Electrical
Permit
400.03—
400.09
Residential
(a) Minimum Fee which includes one
inspection
$35.00
(b) Each additional Inspection $35.00
(c) Complete Wiring Fee:
Single Family Dwelling and each dwelling unit
of a two family dwelling and includes not
more than three inspections.
$150.00
(d) New Service - up to 200 amps $55.00
(e) Temporary Service - (for construction) $45.00
(f) Installation, addition alteration, or
repair of each circuit or feeder
$8.00
(g) Swimming pool or exterior hot tub $55.00
(11) Electrical
Permit
Commercial
400.03—
400.09
Commercial, Industrial and multiple
dwellings(more than two units) and
Technology systems: Minimum Fee which
includes one inspection
$45.00
Each additional inspection $35.00
(a) Based on total job cost
- 2% of estimated job cost with a
minimum of
- Over $50,000 - Fee/ $1,000.00
plus 1% of cost over $50,000.00
$45.00
(b) Traffic Signals: Per Intersection $185.00
(c) Fire Alarm: Based on ¾% of cost of
electrical job to customer with a minimum of
$45.00
(d) Carnivals, festivals and similar events
plus $35.00 for each service on generator
$110.00
(12) Electrical
Permit Signs
400.03—
400.09
Based on 2% of cost of electrical job to
customer with a minimum of (separate
electrical permit required for signs)
$45.00
(13) Residential
Heating,
Ventilating, Air
Conditioning and
Refrigeration
400.03—
400.09
Central Systems and Additions, Alterations
and Repairs
1½% estimated cost with a minimum of
(Includes one inspection)
$35.00
Each additional inspection $35.00
Commercial
Heating,
Ventilating, Air
Conditioning and
Refrigeration
Central Systems and Additions, Alterations
and Repairs1½% estimated cost with a
minimum of
$45.00
(14) Sign 415.01—(a) Temporary sign permit $35.00
Installation 415.11 (b) Permanent sign (any size)
Building permit is required for sign support
structures Fees based on building permit fee
schedule
$100.00
(15) Temporary
Certificate of
Occupancy
400 A temporary Certificate of Occupancy may be
issued before completion of the entire work
covered by the permit, provided the Chief
Building Official deems that the building is
safe to occupy
$200.00
Plus a letter of credit or
cash escrow equal to
125% of the remaining
City Code requirements
ZONING, LAND USE AND RELATED CHARGES
Type of Permit or
License
Section
Requiring
Description Fee
(1) Planned Unit
Development
542 (a) $500 plus $5/$1,000 of project value
(construction cost) up to a maximum fee of
$3,500.00
(b) Major PUD Plan Amendment - $500 plus
$5/$1,000 of project value (construction cost) up to
a maximum fee of
$3,500
(c) Minor PUD Plan Amendment $350.00
(2) Site Plan Review 547 (a) $500 plus $.50/$1,000 of project value
(construction cost) to a maximum fee of
$3,500.00
(b) Major amendment - $500 plus $.50/$1,000 of
project value (construction cost) to a maximum fee
of
$3,500
(c) Minor amendment $350.00
(3) Variance 547 Residential $250.00
Non Residential $450.00
Variance Appeal Residential and Non Residential $150.00
(4) Conditional Use
Permit
547 (a) $500 + $.50/$1,000 of project value (construction
cost) up to a maximum fee of
$3,500.00
(b) Major amendment - $500 + $.50/$1,000 of
project value (construction cost) up to a maximum
fee of
$3,500
(c) Minor amendment $350.00
(5) Interim Use Permit 547 $500 plus $100/year monitoring fee up to a
maximum fee of
$1,000
(6) *Zoning District or
Code Text Change
547 $600.00
(7) *Subdivision
Approval
500.01—
500.05
$500.00
Subdivision Waiver 500.05-
Subd. 2
$350.00
(8) Street/Easement
Vacation
820/State
Statute
$500.00
(9) Appeal to Board of
Adj. & Appeals
547 $350.00
(10) Special Request to
City Council
$350.00
(11) Zoning
Compliance Letter
$50.00
(12) Comprehensive
Plan Amend.
$600.00
(13) Plats 500 Preliminary Plat $500.00
Final Plat $250
(14) Sketch Plan
Review
$250.00
(15) Extension Extension of a Land Use Approval (rezoning, site plan
approval, conditional use permit, variance, etc.)
beyond its original approval period
$125.00
(16) Escrow
Administration Fee
$50
*Any additional expenses incurred by the City in the course of processing a request will be charged to
the applicant.
FIRE SERVICES FEES
Type of Permit or License Section
Requiring
Description Fee
(6) Fire Extinguishing
System Permit
Based on Building Permit fee schedule with a
minimum of:
Plan review fee: 65% of building permit fee,
except no fee for the following:
(a) no charge for valuation of $1,000 or less
$50.00
(7) Fire Alarm Systems Based on Building Permit fee schedule with a
minimum of:
Plan review fee: 65% of building permit fee,
except no fee for the following:;eol(a) no
charge for valuation of $1,000 or less
$50.00
(8) Flammable or
Combustible Liquid or Gas
Storage Tanks and Piping
Tanks (installation or modification $150.00
Installation or alteration of piping
Each unit or dispenser
$50.00
Underground Tank Removal $100.00/Tank
MISCELLANEOUS FEES
Type of Permit or License Section
Requiring
Description Fee
(3) Antenna Commercial
Wireless Telecommunication
Service(CWTS)
425 & 544 (a) CWTS antenna permit application fee $100.00
(b) Antenna permit fee for additional
antennas added to an existing antenna
location or replacement of existing antennas
at a location
$35.00
Affordable Housing Building Permit Fee Reduction Guidelines
Adopted by the Richfield City Council 3/13/2018
In an effort to encourage and incentivize the construction of new affordable housing units
and/or the rehabilitation of existing affordable housing a fee reduction related to building
permits.
The following guidelines shall govern the granting of such permit reductions:
• This reduction only applies to building permits and related plan reviews conducted and
issued by the City’s Inspections Division and would exclude permits for demolition, storm
water, utilities, Sewer Access Charges, etc. and permits issued by state and regional
authorities.
• The fee reduction only applies to projects that are required by local, state or federal
government agencies to provide at least 20% of their housing units as affordable to
households earning at, or below, 60% of the area median income (AMI) relative to
bedroom size and commensurate household size.
• In the case of affordable rental housing, such affordability controls must be enforceable
for five (5) years from the date of granting the reduction and for affordable owner-
occupied housing; the initial buyer must qualify at 60% of the AMI.
• The building permit fee reduction would be 5% (up to a maximum of $4,000) for new
construction and 10% (up to a maximum of $6,000) for rehabilitation of existing units.
No one project or development entity is eligible to receive more than a $10,000 reduction
in a two-year period.
• The projects that may qualify may vary greatly from case-to-case. The Community
Development Director has the authority to approve or deny such permit reductions;
applicants may appeal this decision to the City Council.
• It should be noted that this permit fee reduction program is being considered at the
City’s discretion and should not be considered as an “entitlement.”
AGENDA SECTION:PROPOSED
ORDINANCES
AGENDA ITEM #6.
STAFF RE P ORT NO. 43
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: Jared Voto, E xecutive A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a second reading of an ordinance amending Subsection 210.01 of the
City Code related to City Council salaries.
E X E C UT IV E S UM M ARY:
Chapter I I , Section 210 of the City Code establishes the salaries of the City Council. Subsection 210.01,
Subd. 5 provides that salaries of the Council Members shall be reviewed by the City Council by May 1 in
each year in which an election is held pursuant to Section 200 of the Code. An ordinance amending the
salaries established by this section must not take effect until after the next succeeding municipal election.
The next City Council salary adjustment would be effective J anuary 1, 2019, if the City Council approves this
ordinance.
First reading of the proposed ordinance was approved on February 13, 2018.
RE C O M M E ND E D AC T I O N:
By motion: Approve the second reading of the ordinance amending Subsection 210.01 of the City Code
related to City Council salaries.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
According to previously established City Council policy, any increase should be based upon the
amount of increase granted to employees in the year(s) subsequent to the previous salary
adjustment. The salary adjustment increase for employees in the Management and General
Services pay plans was 3% in J anuary 2018. However, the City Council may set their salaries in
relationship to other metropolitan cities.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Chapter I I , Section 210 of the City Code established the salaries of the City Council and provides
that the salaries of the Council Members be reviewed each year in which an election is held.
The City Charter stipulates that City Council salaries may be adjusted only by ordinance.
C.C R IT IC AL T IMIN G IS S U E S:
A public hearing is not required per State Statute or City Charter.
D.F IN AN C IAL IMPAC T:
The City Council received a salary adjustment in 2018.
The City Council budget includes a salary adjustment.
E.L E GAL C ON S ID E R AT ION:
N/A
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could defer action on this item to a future meeting.
The City Council could not approve the second reading and take no further action.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Ordinance Ordinance
S alary S urvey B ackup Material
BILL NO. 2018-
AN ORDINANCE AMENDING SECTION 210
RICHFIELD CITY CODE PERTAINING TO
CITY COUNCIL SALARIES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 210 of the Richfield City Code is hereby amended as follows:
Subdivision 1. Mayor. The annual salary of the mayor as of January 1, 2016 2018 is
$11,073 $11,662. Effective January 1, 2017 2019, the salary of the mayor shall be increased
by a percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay
structure granted on January 1, 2016 2018 to Management and General Services pay plans.
Subdivision 2. Council. The annual salary of a member of the council as of January 1,
2016 2018 is $8,594 $9,051. Effective January 1, 2017 2019, the salary of a member of the
council shall be increased by a percentage that is the lesser of 3.5 percent or the percentage
increase in the annual pay structure granted on January 1, 2016 2018 to Management and
General Services pay plans.
Subdivision 3. Effective January 1, 2018 2020, the annual salary of the mayor and a
member of the council as provided in Subdivision 1 and 2 above shall be increased by a
percentage that is the lesser of 3.5 percent or the percentage increase in the annual pay
structure granted on January 1, 2017 2019 to Management and General Services pay plans
Section 2. Effective Date. This ordinance becomes effective on January 1, 2019.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of February
2018.
__________________________
Pat Elliott, Mayor
ATTEST:
_________________________
Elizabeth VanHoose, City Clerk
METROPOLITAN AREA CITY COUNCIL 2018 SALARY SURVEY
2017 Annual Salary 2018 Annual Salary
City
Population
(2010 census)
Mayor
Council
Mayor
Council
Apple Valley 49,084 $12,084 $8,652 $12,384 $8,868
Blaine 57,186 14,314 10,500 14,314 10,500
Burnsville 60,306 12,000 8,400 12,000 8,400
Eagan 64,206 13,625 10,000 13,625 10,000
Eden Prairie 60,797 13,500 10,740 13,500 10,740
Edina 47,941 13,500 10,740 13,500 10,740
Fridley 27,208 10,689
8,779
(at-large)
7,762
(ward)
10,689
8,779
(at-large)
7,762
(ward)
Golden Valley 20,355 12,207 9,136 12,825 9,598
Maple Grove 61,567 15,500 13,500 15,500 13,500
Maplewood 37,755 13,479 11,864 13,980 12,314
Minnetonka 49,734 15,000 11,000 15,000 11,000
Richfield 35,228 11,350 8,809 11,662 9,051
Roseville 33,660 9,300 7,020 9,300 7,020
St. Louis Park 42,250 12,091 6,977 12,797 7,384
Average Salary:
(not including Richfield)
$12,868 $9,793 $13,032 $9,911
Updated: 2/18
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #7.
STAFF RE P ORT NO. 44
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: Jesse S wenson, A sst. HR Manager
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of a resolution approving the contract with the Police Officers and
Detectives LE L S Local 123 for the contract period January 1, 2018 through December 31, 2019 and
authorize the City Manager to execute the agreement.
E X E C UT IV E S UM M ARY:
City staff has completed labor negotiations with the Police Officers and Detectives L E L S Local 123 (Union).
The provisions of the 2018-2019 labor agreement cover all of the employees in this Union which consists of
approximately 30 positions.
The two-year contract provides a wage adjustment of 3.0% in 2018 and a wage adjustment of 3.0% in 2019.
The other provisions of the tentative agreement include:
Up to a $75 per month increase in the City’s contribution towards health insurance, and
A $0.25 per month increase towards Employee single dental coverage.
Agreement to accept the same level of contributions that Management and General Services
employees will be receiving in 2019 for health and dental insurance coverage.
An increase to FTO pay in 2018 from $2.75 per hour to $3.00 per hour.
An increase to Court Stand-by pay in 2018 from $35 to $37.
An increase to clothing allowance by $10 in 2018 to $860 and by $5 in 2019 to $865.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution approving the provisions of the 2018-2019 labor agreement with the
Police Officers and Detectives LE L S Local 123 bargaining unit and authorize the City Manager to
execute the agreement.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The tentatively approved two year contract settlement includes the following significant changes:
W ages: A 3.0% wage adjustment for 2018 and a 3.0% wage adjustment for 2019.
F TO pay increase in 2018 from $2.75 per hour to $3.00 per hour.
Court Stand-by increase in 2018 from $35 to $37.
Health I nsurance: Up to a $75 increase to the Employer health insurance contribution, which
provides up to a maximum contribution of $826.00 per month for single Employee coverage,
$1,195 per month for Employee plus spouse or Employee plus child(ren) coverage and $1,290
per month for Employee plus family coverage.
Dental I nsurance: A $0.25 per month increase to the Employer contribution for Employee single
dental insurance coverage at $59.50 per month.
Clothing allowance increase of $10 in 2018 to $860 and an additional $5 in 2019 to $865.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City has met and negotiated in good faith with the Union and its representatives and is bound
under the Public Employer's Labor Relations Act to meet and bargain over the terms and
conditions of employment.
The proposed settlement for the health and dental insurance provisions is identical to those
provided to both union and non-union City employees. The City has a long history of providing
the same level of insurance benefits to all eligible City employees.
The 3.0% wage increase represents the same 3.0% wage adjustment implemented for non-union
City employees and all other contracts settled for 2018.
The 3.0% wage adjustment and health insurance increase is comparable to other
bargaining groups in similar metro cities. A survey of other similarly sized cities indicates that
those cities are providing anywhere from a 2 to 3 percent increase. The City has a long history of
trying to remain as close to the mid-range as possible for similar cities, in terms of wages and
benefits.
The 3.0% wage adjustment for 2019 is the City's and Union's best estimation of what will be the
average of such settlements in the metro area. The Teamsters 320 (Lieutenants) and Fire Local
1125 bargaining units have also agreed to this increase for 2019. The City is aware of at
least three other metro area cities that have settled at 3.0% for 2019.
C.C R IT IC AL T IMIN G IS S U E S:
I n order to allow the City's accounting personnel to modify payroll records in a timely manner for
2018 wages and benefits, it is recommended that the City Council act on February 27, 2018 to
adopt the attached resolution providing for contract changes, effective J anuary 1, 2018.
D.F IN AN C IAL IMPAC T:
A 3.0% wage increase for contract year 2018 and 3.0% wage increase for contract year 2019.
An increase to F TO pay from $2.75 to $3.00 per hour. This has a potential $415 budget impact in
2018.
A maximum $75 per month increase in Employer monthly contributions towards health insurance
coverage for 2018.
A $0.25 per month increase in Employer monthly contributions towards dental insurance in 2018.
A $10 increase to clothing allowance in 2018 and an additional $5 increase to clothing allowance
in 2019.
E.L E GAL C ON S ID E R AT ION:
I f the terms of this agreement are not approved, further negotiation and/or mediation will be
necessary.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the terms of this agreement and prepare for further negotiation and/or mediation.
Defer discussion to another date.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123
BARGAINING UNIT FOR THE YEARS 2018 AND 2019
WHEREAS, the City Manager and the Richfield Police Officers and Detectives
LELS Local 123 have reached an understanding concerning conditions of employment
for years 2018 and 2019; and
WHEREAS, it would be inappropriate to penalize LELS Local 123 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the Labor Agreement between the City of Richfield and LELS Local 123
Bargaining Unit for years 2018 and 2019, under the provisions of the Labor Agreement
to be implemented, effective January 1, 2018 and authorize the City Manager to
execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
February 2018.
_______________________________
Pat Elliott Mayor
ATTEST:
______________________________
Elizabeth VanHoose City Clerk
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #8.
STAFF RE P ORT NO. 45
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: Matt B rillhart, A ssociate P lanner
D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector
2/20/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/21/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of the approval of guidelines for the Penn Central Facade Improvement Grant Program.
E X E C UT IV E S UM M ARY:
I n 2017, the Community Development Department successfully applied for a Hennepin County grant aimed at
making building improvements in the Penn Central business district. The Facade I mprovement Grant
Program aims to help revitalize and sustain Penn Central businesses by encouraging and assisting property
owners to make visible physical improvements to buildings along the corridor. Following approval of the grant
by the Hennepin County Board, Community Development staff have been developing program guidelines,
application materials, and marketing strategies for disbursement of the grant funds.
The Facade I mprovement Grant Program guidelines are attached to this report for review and approval by the
City Council. I n summary, grant funds will pay for 50% of the total project costs, up to a maximum grant
amount of $7,500 per property. Grant funds must be matched 1:1 with private dollars. This is a reimbursement
program - applicants must complete all improvements prior to receiving reimbursement from the City. The
program guidelines also establish which types of property improvements are eligible for grant funding, as well
as minimum and maximum reimbursement grant amounts. The total grant amount is $50,000 and funds must
be disbursed by the end of 2019.
RE C O M M E ND E D AC T I O N:
By motion: Approve the guidelines for the Penn Central Facade Improvement Grant Program and
authorize staff to enter into Grant Agreements with eligible applicants.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
None
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G IS S U E S:
I f the proposed guidelines are approved, the application process for grant funds could begin
immediately.
Reimbursement funds for eligible improvements are available through December 31, 2019.
D.F IN AN C IAL IMPAC T:
Hennepin County awarded the grant in the amount of $50,000. I f all matching grant funds are
disbursed, the Penn Central Facade I mprovement Grant Program will result in at least $50,000 of
private investment in property improvements, for a total of $100,000 invested in the district.
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Adopt an amended version of the proposed grant guidelines based on City Council input for the Penn
Central Facade I mprovement Grant Program and authorize staff to enter into Grant Agreements with
eligible applicants.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
F acade Improvement Grant P rogram Guidelines B ackup Material
The City of Richfield recognizes the important role that healthy neighborhood business districts like
Penn Central play in the City’s vitality. The Façade Improvement Grant Program aims to help revitalize
and sustain the Penn Central neighborhood business district by encouraging and assisting property
owners to make lasting physical improvements to buildings along the corridor.
Who can apply for a matching grant?
The Penn Central business district extends along Penn Avenue between Crosstown Highway 62 and 68th
Street (see attached map). Building owners and commercial tenants (with property owner’s approval) of
commercial properties within the district can apply for a Façade Improvement Grant. For-profit and not-
for-profit entities are eligible to apply, as long as the grant is used for a commercial building.
How much are the matching grants?
Grants will pay for 50% of the total project costs, up to a maximum grant amount of $7,500 per
property. Grant funds must be matched 1:1 with private dollars. Owners of multiple properties can
apply for separate grants for each property, as long as the cumulative grant amount awarded does not
exceed the maximum grant amount. The minimum grant amount is $1,250 ($2,500 total project cost).
This is a reimbursement program. Applicants must complete all improvements and pay for the total
project cost or total private match, prior to receiving a reimbursement check from the City.
What will the matching grant dollars pay for?
Façade Improvement Grants can pay for a variety of exterior building façade improvements. The work
must be visible from a public street. The following improvements are eligible for grants:
• Restoration of exterior finishes and materials
• Masonry repairs and tuckpointing
• Exterior painting or re-siding
• Removal of architecturally inappropriate or incompatible exterior finishes and materials
• Repair or replacement of windows and doors (replacement must be architecturally appropriate)
• Canopy or awning installation or repair
• Repair or replacement of exterior signage, in compliance with Penn Avenue Design Guidelines
• Removal of signage not in compliance with the Penn Avenue Design Guidelines
• Removal of barriers to building access for pedestrians and people with disabilities
• Exterior building or accent lighting (parking lot lighting ineligible)
• Landscaping work done as part of a larger project (up to 25% of total project cost eligible)
• Contracted labor related to any of the above improvements, including design work for
improvements that are completed (up to 25% of total project cost eligible)
The City of Richfield requires permits for most of the eligible improvements listed above. For questions
about permits, please contact the Inspections Division at 612-861-9860 or www.richfieldmn.gov/inspect
City of Richfield
Façade Improvement Grant Program Guidelines
What will the matching grant dollars NOT pay for?
The following activities are not eligible for matching grants:
• Improvements already in progress or completed prior to contract approval
• Routine maintenance that is not part of an eligible façade improvement project
• Improvements to a building interior, rear, or side not visible from a public street
• Improvements to non-commercial buildings
• Roofing
• HVAC systems, building mechanicals, or security systems
• Fencing (excludes decorative fencing as part of landscaping improvement)
• Parking areas
• Bike parking*
• Billboards or roof signs
• Temporary signs
• Dynamic display or electronic message signs
• Nonconforming signs or awnings, other than to bring them into compliance with the Zoning
Code and/or Penn Avenue Design Guidelines
• Any other improvement not deemed eligible on the above list
* Grant funding is available to assist businesses interested in installing bike racks. More information is
available at www.richfieldmn.gov/bikeracks
Map of eligible properties
AGENDA SECTION:OTHER BUSINESS
AGENDA ITEM #9.
STAFF RE P ORT NO. 46
CIT Y COUNCIL ME E T ING
2/27/2018
RE P O RT P RE PA RE D B Y: W illiam F. F Illmore, L iquor Operations D irector
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
O THE R D E PA RTM E NT RE V IE W: N/A
C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager
2/20/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consideration of approval of bid tabulation and authorize construction contract for the Penn Avenue
liquor store remodel and upgrade.
E X E C UT IV E S UM M ARY:
At the December 12, 2017 Regular City Council meeting, council authorized a capital improvement and
directed staff to proceed with the remodeling and upgrade of the municipal liquor store located at 6444 Penn
Avenue South.
Store Renovations Plan
The renovation of the current Penn Avenue liquor store will include a major overhaul of the entire building and
property improvements. The plan substantially increases shelf and cooler space. The public entrance and exit
will be relocated for better customer traffic flow. I nstallation of five windows is in the renovation plan and will
allow more light and public visibility. Other improvements include:
Roof replacement
Concrete sidewalk
Parking area mill and overlay
Exterior wall signage (new graphics)
Exterior pedestal signage with dynamic sign
Restroom and office relocation
Point of sale/customer service counter relocation
Removal of carpet and installation of new floor treatment
Expose ceiling and HVA C system components
New LE D sales floor lighting
New product shelving
New product display case
Product demonstration/sampling counter
New outdoor landscape features
I n addition to the work needed at the Penn liquor store, the initiative to upgrade the store is related to added
local competition and the positive consumer response to the recent upgrades at two other city-owned stores
(6444 Lyndale and 6600 Cedar). Both stores have experienced immediate and continued sales increases
after the upgrades. The estimated cost of the proposed project is $1.2 million and architectural fees of
$48,000. The project specifications indicate demolition/construction commencement of March 26, 2018 with a
8 to 9 week interruption of business. A newly refurbished store, completed by Memorial Day weekend will
ensure strong seasonal sales and adequate timing to prepare for key holiday and year- end sales. Staff
intends to attempt to retain some Penn customers by providing discount coupons and maps for the other three
Richfield located liquor stores.
RE C O M M E ND E D AC T I O N:
By motion: Approve bid minutes and tabulation and authorize a construction contract with Ebert
Construction Inc. in the amount of $807,000.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
At the September 6, 2017 City Council/Staff Budget Review, staff presented preliminary
renderings prepared by W OLD Architectural of the Penn Avenue liquor store.
At the December 12, 2017 Regular City Council Meeting, Council authorized a capital
improvement and directed staff to proceed with upgrading the municipal liquor store at 6444 Penn
Avenue South.
The Penn store upgrade has been an ongoing staff goal due to the age of the facility and limited
exposure to Penn Avenue.
A continuous land (site) search has been conducted by the Community Development Department
and Liquor Operations staff with minimal success.
An upgrade would ensure customer interest similar to that when the Lyndale and Cedar
stores were remodeled.
T he Penn store was constructed in the late 1970’s and seen no significant improvements
in the facility for many years.
Advertisement for Bids was published on February 8, 2018.
Twelve bidders submitted bids for a March demolition/construction that that were publicly
opened on February 20, 2018.
Ebert Construction Inc. submitted the lowest bid.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Council approval is required for all expenditures over $100,000
All contracts over $100,000 require sealed bids by public notice.
C.C R IT IC AL T IMIN G IS S U E S:
The acceptance of the bid tabulation and the award of contract will ensure the project to begin in
late March and completed so that the store may be open by Memorial Day.
D.F IN AN C IAL IMPAC T:
Project estimate was $1.2 million and $48,000 for architectural design.
The lowest bid submitted by Ebert Construction I nc. was $807,000.
Resources to fund the upgrade are available within the liquor operations and other internal
financing.
E.L E GAL C ON S ID E R AT ION:
N/A
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The City Council could decide to not make improvements to the municipal liquor store located at 6444
Penn Avenue South.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
A representative from Wold Architects
AT TAC H ME N T S:
D escription Type
B id Tabulation B ackup Material
Renderings B ackup Material
CITY OF RICHFIELD, MINNESOTA
Bid Opening
February 20, 2018
2:00 p.m.
Penn Avenue Liquor Store Remodel
Bid No.18-04
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Kari
Sinning,Deputy City Clerk, who announced that the purpose of the meeting was to receive;open and read
aloud bids for Penn Avenue Liquor Store Remodel, as advertised in the official newspaper on February 8th and
15th, 2018.
Present:Kari Sinning,Deputy City Clerk
Dave Conrads, Government Buildings
Jared Voto, City Manager Representative
The following bids were submitted and read aloud:
Bidder’s Name Addendum
Numbers
Bid
Security
Responsible
Bidder Total Base Bid
A & L Construction Inc
Maple Grove, MN Provided Provided Provided $998,000.00
Grindstone Construction
Buffalo, MN Provided Provided Provided $952,811.00
Kue Contractors
Watkins, MN Provided Provided Provided $819,717.00
JS Cates Construction
Hamel, MN Provided Provided Provided $880,000.00
Ebert Construction Inc
Corcoran, MN Provided Provided Provided $807,000.00
Dering Pierson Group LLC
Rogers, MN Provided Provided Provided $885,000.00
Rochon Corp
Plymouth, MN Provided Provided Provided $827,500.00
Parkos Construction
St. Paul, MN Provided Provided Provided $895,600.00
Derau Construction
Burnsville, MN Provided Provided Provided $894,400.00
Versacon, Inc.
Brooklyn Park, MN Provided Provided Provided $924,600.00
Jorgenson Construction
Minneapolis, MN Provided Provided Provided $908,000.00
Tarraf Construction
Eden Prairie, MN Provided Provided Provided $869,000.00
The City Clerk announced that the bids would be tabulated and considered at the February 27, 2018
City Council Meeting.
_______________________
Elizabeth VanHoose,City Clerk