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03-13-2018 Complete AgendaR 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 MAR C H 13, 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 27, 2018; and (2) Regular C ity C ouncil meeting of F ebruary 27, 2018. C O U N C IL D ISC U SSIO N 1.Hats Off to Hometown Hits A ttending the Richfield Red, White, & B lue D ays P arade (4th of July) AG E N D A APPR O VAL 2.A pproval of the A genda 3.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 of the purchase of a F ire P umper C hassis for $199,884 in 2018 and a F ire P umper B ody for $292,860 in 2019, totaling $492,744, from Rosenbauer F irefighting Technology. S taff Report No. 47 B .C onsideration of the approval of a resolution supporting projects impacting the C ity of Richfield that were submitted to the Minnesota D epartment of Transportation's C orridors of C ommerce program. S taff Report No. 48 C .C onsideration of the adoption of the C ity of Richfield S ustainable P urchasing P olicy. S taff Report No. 49 D .C onsideration of the approval of a contract with B ecker A rena P roducts, Inc. to replace the dasher boards in Rink One in the amount of $159,145.44 and to authorize the C ity Manager both to execute the contract and to approve additional work up to $10,000 without further C ity C ouncil authorization. S taff Report No. 50 4.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H E AR IN G S 5.P ublic hearing and consideration of the approval of new On-S ale Intoxicating and S unday L iquor licenses for Lyndale S mokehouse, L L C d/b/a Lyndale S mokehouse located at 7745 Lyndale Ave S outh. S taff Report No. 51 6.P ublic hearing and consideration of the approval 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 approve a resolution authorizing summary publication of the ordinance amendment. S taff Report No. 52 R E S O L U T IO N S 7.C onsideration of the adoption of the Resolution with F indings revoking the business license for F irst S tep, L L C (d/b/a Richfield Health Massage). S taff Report No. 53 C IT Y MAN AG E R’S R E P O R T 8.C ity Manager's Report C LAIMS AN D PAYR O L LS 9.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. 10.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 27, 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; Kristin Asher, Public Works Director; Jeff Pearson, City Engineer; Jim Topitzhofer, Recreation Services Director; and Jared Voto, Executive Aide/Analyst. Item #1 PAVEMENT MANAGEMENT PROGRAM Kristin Asher, Public Works Director, provided an overview of the topics for the evening. Jeff Pearson, City Engineer, presented the 6-year Accelerated Mill and Overlay program with a map of the areas completed and upcoming in 2018-2020. Mr. Pearson discussed past pavement preservation practices, Chip Seal Surface Treatment, and the concerns staff has had with this practice. Mr. Pearson discussed a new technology, Reclamite – a maltene-based rejuvenator, how it is applied and its use in other cities. Lastly, Mr. Pearson provided an overview of the budget and actuals for the mill and overlay program and the cost of using of Reclamite in maintaining the streets and recommended using Reclamite in place of chip seal and evaluating its performance over time. Councilmembers asked about the timing of the mill and overlay bids. Mr. Pearson responded bid opening is on March 8 and will be brought to Council on March 27. Item #2 ORANGE LINE UPDATE Mr. Pearson presented information on the 66th Street and International Boulevard (76th Street) stations including station furnishings and layout. Mr. Pearson also presented and discussed the Knox Avenue Transitway that crosses I-494. Councilmember Howard asked about funding of the project. Mr. Pearson responded the project depends on federal funds and the project will not proceed until funding is received. Item #3 77TH STREET UNDERPASS BRIDGE AESTHETICS Mr. Pearson presented three bridge aesthetic concepts for the 77th Street Underpass and asked Council for their opinion. Special Council Work Session Minutes -2- February 27, 2018 Mayor Elliot preferred concept #3. Councilmember Regan Gonzalez preferred concept #1. Councilmember Howard like concept #1 and #3. Councilmember Trautmann preferred concept #1. Councilmember Garcia preferred concept #1. The majority preferred concept #1 and staff would pass that information onto the consultant. ADJOURNMENT The work session was adjourned by unanimous consent at 6:55 p.m. Date Approved: March 13, 2018 _____________________________ Pat Elliott Mayor _____________________________ ____________________________ Jared Voto Steven L. Devich Executive Aide/Analyst City Manager CALL TO ORDER The meeting was called to order by Mayor Elliott at 7:00 p.m. in the Council Chambers. Councilmembers Pat Elliott, Mayor; Edwina Garcia; Michael Howard; Maria Regan Gonzalez; Present: and Simon Trautmann. Staff Present: Steven L. Devich, City Manager; Mary Tietjen, City Attorney; Pam Dmytrenko, Assistant City Manager/HR Manager; John Stark, Community Development Director; Kristin Asher, Public Works Director; Jim Topitzhofer, Recreation Services Director; and Jared Voto, Executive Aide/Analyst. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Elliott led the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Howard to approval of the minutes of the: (1) Special City Council work session of February 13, 2018; and (2) Regular City Council meeting of February 13, 2018. Motion carried 5-0. Item #1 FRIENDS OF THE RICHFIELD BAND SHELL DRAWING FOR A LEGACY BRICK AT THE NEW BAND SHELL Rick Jabbs presented information on the bricks available for purchase and Mayor Elliott drew the winner: Barbara Pugh, 7545 Portland Avenue S. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting February 27, 2018 Council Meeting Minutes -2- February 27, 2018 Item #2 COUNCIL DISCUSSION  Hats Off to Hometown Hits Councilmember Regan Gonzalez read a proclamation for Tibet Day in the city of Richfield on March 10, 2018. Mayor Elliott spoke regarding his opportunity to read a book for “Read Week” at Centennial Elementary. Councilmember Garcia spoke regarding the indoor farmers market on March 1; the Richfield Historical Society’s Historical Forum on March 21 at the Community Center; and the 66th Street Reconstruction Kickoff on March 14 at the Richfield Municipal Center. Councilmember Trautmann spoke regarding the Friends of Wood Lake (FOWL) annual gala on April 27 and mentioned the FOWL Board has openings and people can contact him if they are interested in volunteering. Councilmember Howard spoke regarding the Star Tribune named Richfield the hottest real estate market for the second year in a row and thanked everyone who attended and provided feedback at the open house for Lyndale Avenue. Councilmember Regan Gonzalez thanked the fire and police departments for their response to the traffic accident at 73rd and Nicollet and spoke regarding the Richfield R.E.A.D.Y. networking breakfast on March 7 at the Community Center. Item #3 APPROVAL OF THE AGENDA M/Elliott, S/Trautmann to approve the agenda. Motion carried 5-0. Item #4 CONSENT CALENDAR City Manager Devich presented the consent calendar. A. Consideration of the approval authorizing the City Manager to execute a site lease agreement for antenna space on City Hall monopole to Verizon Wireless, LLC. (S.R. No. 36) B. Consideration of the approval of 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. (S.R. No. 37) C. Consideration of the approval of a policy for residents choosing to replace their radio water meter with a manual water meter. (S.R. No. 38) D. Consideration of the approval a purchase order for three (3) Ford Interceptor SUV's for the Public Safety Department. (S.R. No. 39) E. 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 (MPCA). (S.R. No. 40) Council Meeting Minutes -3- February 27, 2018 RESOLUTION NO. 11478 RESOLUTION SUPPORTING STATE LAW THAT PROVIDES LIMITED LIABILITY TO COMMERCIAL SALT APPLICATORS THAT ARE CERTIFIED THROUGH AN ESTABLISHED VOLUNTARY SALT APPLICATOR CERTIFICATION PROGRAM This resolution appears as Resolution No. 11478. F. Consideration of the approval of a resolution modifying the establishment of the Richfield Transportation Commission. (S.R. No. 41) RESOLUTION NO. 11479 RESOLUTION MODIFYING THE ESTABLISHMENT OF THE RICHFIELD TRANSPORTATION COMMISSION This resolution appears as Resolution No. 11479. G. 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. (S.R. No. 42) M/Garcia, S/Regan Gonzalez to approve the consent calendar. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #6 CONSIDERATION OF THE APPROVAL OF A SECOND READING OF AN ORDINANCE AMENDING SUBSECTION 210.01 OF THE CITY CODE RELATED TO CITY COUNCIL SALARIES. (S.R. NO. 43) Councilmember Garcia presented Staff Report No. 43. M/Garcia, S/Elliott to approve the second reading of the ordinance amending Subsection 210.01 of the City Code related to City Council salaries. Motion carried 5-0. Item #7 CONSIDERATION OF THE APPROVAL OF A RESOLUTION APPROVING THE CONTRACT WITH THE POLICE OFFICERS AND DETECTIVES LELS LOCAL 123 FOR THE CONTRACT PERIOD JANUARY 1, 2018 THROUGH DECEMBER 31, 2019 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. (S.R. NO. 44) Council Meeting Minutes -4- February 27, 2018 Councilmember Regan Gonzalez presented Staff Report No. 44. M/Regan Gonzalez, S/Elliott to adopt a resolution approving the provisions of the 2018-2019 labor agreement with the Police Officers and Detectives LELS Local 123 bargaining unit and authorize the City Manager to execute the agreement. RESOLUTION NO. 11480 RESOLUTION APPROVING LABOR AGREEMENT BETW EEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 123 BARGAINING UNIT FOR THE YEARS 2018 AND 2019 Motion carried 5-0. This resolution appears as Resolution No. 11480. Item #8 CONSIDERATION OF THE APPROVAL OF GUIDELINES FOR THE PENN CENTRAL FACADE IMPROVEMENT GRANT PROGRAM. (S.R. NO. 45) Councilmember Trautmann presented Staff Report No. 45. Councilmember Garcia asked when the improvements could start and commented that she appreciated the list of what businesses can and cannot do. Community Development Director Stark stated they could start tomorrow. Councilmember Howard asked how they were going to communicate and do outreach to the business owners. Community Development Director Stark stated they would reach out to the Chamber of Commerce, the Penn Central group, and would be at Open Streets on Penn Fest if there are funds still available in September. M/Trautmann, S/Howard to approve the guidelines for the Penn Central Facade Improvement Grant Program and authorize staff to enter into Grant Agreements with eligible applicants. Motion carried 5-0. Item #9 CONSIDERATION OF APPROVAL OF BID TABULATION AND AUTHORIZE CONSTRUCTION CONTRACT FOR THE PENN AVENUE LIQUOR STORE REMODEL AND UPGRADE. (S.R. NO. 46) Mayor Elliott presented Staff Report No. 46. Mike Klass, Wold Architects, presented pictures of the existing store, the new floor plan, and concepts of the new interior and exterior of the store. M/Elliott, S/Howard to approve bid minutes and tabulation and authorize a construction contract with Ebert Construction Inc. in the amount of $807,000. Motion carried 5-0. Council Meeting Minutes -5- February 27, 2018 Item #10 CITY MANAGER’S REPORT City Manager Devich mentioned the Mayor and Councilmember salaries were both below the average of other cities listed by approximately 12% and 9%, respectively. Item #11 CLAIMS AND PAYROLLS M/Garcia, S/Elliott that the following claims and payrolls be approved: U.S. Bank 02/27/18 A/P Checks: 265917 - 266298 $ 907,395.61 Payroll: 133808-134147; 134489-134826; 42792-42793 1,383,941.62 TOTAL $ 2,291,337.23 Motion carried 5-0. OPEN FORUM None. Item #13 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:51 p.m. Date Approved: March 13, 2018 Pat Elliott Mayor Jared Voto Steven L. Devich Executive Aide/Analyst City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.A. STAFF RE P ORT NO. 47 CIT Y COUNCIL ME E T ING 3/13/2018 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 3/8/2018 O THE R D E PA RTM E NT RE V IE W: Mike D obesh, A ssistant F ire C hief C ITY MA NA G E R RE V IE W: S teven L . D evich, C ity Manager 3/8/2018 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 purchase of a Fire Pumper Chassis for $199,884 in 2018 and a Fire Pumper Body for $292,860 in 2019, totaling $492,744, from Rosenbauer Firefighting Technology. E X E C UT IV E S UM M ARY: The Richfield Fire Department staff utilize two fire pumper vehicles on a daily basis. The vehicle to be purchased will be the primary truck housed at Fire Station 2 for all fire calls. The current vehicle responds to over 1,700 calls (fire and medical) per year. Replacement schedules are set for each piece of equipment and vehicle once purchased. Fire Pumpers have been set to be replaced every 16 years. Replacement schedules are set for each piece of equipment and vehicle once purchased. The following are taken into consideration when deciding on when to replace vehicles: Year of purchase: previous Fire Pumper Chassis purchased in 2002 Replacement date/depreciation: 2018 History of repairs Technology upgrades Mileage/hours of operation:100,281 miles/8682.9 hours A task force comprised of fire line personnel and staff prepared specifications and reviewed proposals for this purchase. Because of the large total cost of this vehicle, staff will purchase parts of the truck over two years. RE C O M M E ND E D AC T I O N: By motion: Approve the purchase of a Fire Pumper Chassis for $199,884 in 2018 and a Fire Pumper Body for $292,860 in 2019, totaling $492,744.00, from Rosenbauer Firefighting Technology. 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 Replacement schedules are set for each piece of equipment and vehicle once purchased. The following are taken into consideration when deciding on when to replace vehicles: Year of purchase (previous Fire Pumper Chassis purchased in 2002) Replacement date/depreciation: 2018 History of repairs Technology upgrades Mileage/hours of operation:100,281 miles/8682.9 hours A task force comprised of fire line personnel and staff prepared specifications and reviewed proposals for this purchase. Because of the large total cost of this vehicle, staff will purchase parts of the truck over two years. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The City of Richfield currently purchases vehicles using cooperative sources. The Houston Galveston Area Council (HGA C) Purchasing Program is one of these sources. The Fire Pumper Chassis and Body will be purchased through the HGA C. 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: Approval at this meeting will ensure delivery of the vehicle in the years in which it is budgeted. D.F IN AN C IAL IMPAC T: The 2018 Budget includes $200,000 for the purchase of a Fire Pumper Chassis. The Revised 2018/Proposed 2019 Budget will include $292,860 for the purchase of a Fire Pumper Body. 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: Fire Department staff will be available for any questions regarding this piece of equipment. AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.B. STAFF RE P ORT NO. 48 CIT Y COUNCIL ME E T ING 3/13/2018 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 3/6/2018 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 3/7/2018 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 projects impacting the City of Richfield that were submitted to the Minnesota Department of Transportation's Corridors of Commerce program. E X E C UT IV E S UM M ARY: The Minnesota Department of Transportation (MnD OT) received nominations for their Corridors of Commerce program. The next step is evaluating and scoring each project nomination. I n order for a project nomination to receive full points in the project support category, each city impacted by a nominated project needs to submit a resolution of support for the project(s). A resolution for support for the project(s) will not replace any needed future municipal consent requirements, should a project be selected for the program. The projects submitted that impact Richfield are: Add eastbound auxiliary lane on I -494 from TH100 to I -35W Add eastbound auxiliary lane on TH62 from I -35W to TH77 Add MnPA S S lane on I -494 in each direction from TH212 in Eden Prairie to TH5 at MS P Airport Add a MnPA S S lane on I -494 in each direction from west of the I -35W interchange to the west ramps at TH77, and add a MnPA S S lane eastbound, only from the France Ave. exit to I -35W Expand I -494 by two lanes from Highway 100 to Highway 77 and rebuild Expand TH62 from two lanes to four lanes from Tracy Blvd. to I -35W Phase I - I -35W and I -494 interchange turbine interchange improvements, north bound to west bound flyover ramp Phase I - I -35W and I -494 interchange turbine interchange improvements, eastbound between France Ave. and I -35W (1.4 miles of auxiliary lane) Phase I - I -35W and I -494 interchange turbine interchange improvements: eastbound I -494 between France Ave. and I -35W (1.4 miles of auxiliary lane), and eastbound I -494 between East Bush Lake Road and TH100 (0.5 miles of auxiliary lane) Add auxiliary lanes on TH62 in each direction from TH77 to Portland Ave. Add lanes on TH62 in each direction from Penn Ave. to TH169 Close loop ramp from westbound Highway 62 to southbound Highway 77, and reconstruct westbound ramp and traffic signal on Highway 77 to accommodate westbound Highway 62 to southbound Highway 77. RE C O M M E ND E D AC T I O N: By motion: Approve a resolution supporting projects impacting the City of Richfield that were submitted by multiple agencies to the Minnesota Department of Transportation's Corridors of Commerce program. 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 January 23, 2018 City Council Meeting City Council adopted a resolution of support to submit projects for the Corridors of Commerce program, staff submitted the following projects: TH 62 Auxiliary Lanes in each direction from Portland Ave. to Highway 77 TH 62 Auxiliary Lanes in each direction from Penn Ave. to Highway 169 Ramp modifications at Crosstown/TH 77 I nterchange Program Background The Corridors of Commerce program was created in 2013 by the Minnesota Legislature and administered by the Minnesota Department of Transportation (MnD OT). The purpose of the program is to allocate highway bonds for the construction, reconstruction, and improvement of trunk highways that are not already in the State Transportation I mprovement Program. Specifically, the program aims to: Provide additional highway capacity on segments where there are currently bottlenecks. I mprove movement of freight and reduce barriers to commerce. MnD OT will select $400 million of projects in this round of Corridors of Commerce. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Corridors of Commerce Resolution of Support of Nominations, adopted J anuary 23, 2018, at the Richfield City Council meeting. Minnesota Statute 161.088 details the Corridors of Commerce program. C.C R IT IC AL T IMIN G IS S U E S: The resolutions of support from impacted cities are due to MnD OT by April 16, 2018. D.F IN AN C IAL IMPAC T: There are no financial impacts or commitments in supporting the submitted projects. 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 AT TAC H ME N T S: D escription Type Resolution Resolution L etter P roject L ist B ackup Material RESOLUTION NO. RESOLUTION APPROVING SUBMITTED PROJECTS TO THE STATE OF MINNESOTA’S 2018 CORRIDORS OF COMMERCE PROGRAM THAT IMPACT THE CITY OF RICHFIELD WHEREAS, in 2013 the Corridors of Commerce program was created and authorized $300 million in bonding for projects not already in the State Transportation Improvement Program. In 2014 an additional $31.5 million was authorized, and now the 2017 the Minnesota Legislature funded the Corridors of Commerce program by authorizing up to a total of $400 million for the construction, reconstruction, and improvement of trunk highways for this round of the program; and WHEREAS, The Minnesota Department of Transportation (MnDOT) received nominations for the Corridors of Commerce program. Each city impacted by a nominated project needs to submit a resolution of support for the project(s) in order for the project to be eligible for full points; and WHEREAS, the City of Richfield and other communities have nominated projects for consideration that will impact the City. NOW, THEREFORE BE IT RESOLVED, that the City of Richfield supports the following projects under the 2018 Corridors of Commerce Program: • Add eastbound auxiliary lane on I-494 from TH100 to I-35W • Add eastbound auxiliary lane on TH62 from I-35W to TH77 • Add MnPASS lane on I-494 in each direction from TH212 in Eden Prairie to TH5 at MSP Airport • Add a MnPASS lane on I-494 in each direction from west of the I-35W interchange to the west ramps at TH77, and add a MnPASS lane eastbound, only from the France Ave. exit to I-35W • Expand I-494 by two lanes from Highway 100 to Highway 77 and rebuild • Expand TH62 from two lanes to four lanes from Tracy Blvd. to I-35W • Phase I - I-35W and I-494 interchange turbine interchange improvements, north bound to west bound flyover ramp • Phase I - I-35W and I-494 interchange turbine interchange improvements, eastbound between France Ave. and I-35W (1.4 miles of auxiliary lane) • Phase I - I-35W and I-494 interchange turbine interchange improvements: eastbound I-494 between France Ave. and I-35W (1.4 miles of auxiliary lane), and eastbound I-494 between East Bush Lake Road and TH100 (0.5 miles of auxiliary lane) • Add auxiliary lanes on TH62 in each direction from TH77 to Portland Ave. • Add lanes on TH62 in each direction from Penn Ave. to TH169 • Close loop ramp from westbound Highway 62 to southbound Highway 77, and reconstruct westbound ramp and traffic signal on Highway 77 to accommodate westbound Highway 62 to southbound Highway 77. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.C. STAFF RE P ORT NO. 49 CIT Y COUNCIL ME E T ING 3/13/2018 RE P O RT P RE PA RE D B Y: Jim Topitzhofer, Recreation S ervices D irector D E PA RTME NT D IRE C TO R RE V IE W: Jim Topitzhofer, Recreation S ervices D irector 3/6/2018 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 3/7/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of the City of Richfield Sustainable Purchasing Policy. E X E C UT IV E S UM M ARY: The Green Team is a group of Richfield staff that is focused on promoting, educating, researching, and implementing environmentally friendly policies, practices, and considerations for the City of Richfield. One of their recent accomplishments is the development of a sustainable purchasing policy to guide the selection of goods and services that have minimal impact on the environment. The City recognizes that every purchased product or service affects the environment throughout its lifecycle – from the extraction of raw materials, the manufacturing and transportation of products, to their use and disposal. Careful purchasing decisions use natural resources more efficiently, can lead to significant savings, protect our environment, and increase demand for better products. Specifically, the policy is adopted in order to: Conserve natural resources, including water and energy Reduce materials that are landfilled or incinerated Lower overall costs by addressing full lifecycle cost accounting The adoption of this policy will satisfy the establishment of a required best practic e in the Minnesota GreenStep Cities Program. RE C O M M E ND E D AC T I O N: By motion: Adopt the City of Richfield Sustainable Purchasing Policy 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 Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program to help cities achieve their sustainability and quality-of-life goals. This free continuous improvement program, managed by a public-private partnership, is based upon 29 best practices. Each best practice can be implemented by completing one or more actions at a 1, 2 or 3-star level, from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage civic innovation. The City of Richfield entered the Minnesota GreenStep Cities Program in 2012. Since then, the City has reached Step 2 by completing 8 best practices and has competed an additional 5 best practices to apply toward Step 3. The adoption of the attached sustainable purchasing policy will satisfy the establishment of required best practice #15. Upon adoption of this policy, Richfield will achieve Step 3 of the program by establishing two additional best practices. The Community Services Commission approved a motion to recommend the attached sustainable purchasing policy on J anuary 16, 2018. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): This sustainable purchasing policy is subject to the Municipal Contracting Law (Minn. Stat. 471.345), the Presidential Executive Order 13101, and all other applicable laws and ordinances. C.C R IT IC AL T IMIN G IS S U E S: The adoption of this policy will satisfy the establishment of a required best practice in the Minnesota GreenStep Cities Program and will count towards Step 3 of the program which is a Council goal in 2018. D.F IN AN C IAL IMPAC T: The intent of the attached sustainable purchasing policy is to provide a guide to purchasing products and services at a reasonable cost and that are practical. J udgment is needed in every purchase to determine if the product or service is practical and offered at a reasonable price. Careful purchasing decisions use natural resources more efficiently and can lead to significant savings. E.L E GAL C ON S ID E R AT ION: There are no legal considerations associated with this policy. ALTE R N AT IV E R E C O MME N D ATIO N(S): Council may deny or delay policy adoption to a later meeting, which would delay advancement in the GreenStep Cities Program and the opportunity to conserve natural resources, reduce materials that are landfilled or incinerated, and to lower overall costs. 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 Richfield S ustainable P urchasing P olicy B ackup Material 1 CITY OF RICHFIELD SUSTAINABLE PURCHASING POLICY March 13, 2018 Purpose The City of Richfield Sustainable Purchasing Policy is a guide to the selection of goods and services that have minimal impact on the environment. The City recognizes that every purchased product or service affects the environment throughout its lifecycle – from the extraction of raw materials, the manufacturing and transportation of products, to their use and disposal. Careful purchasing decisions use natural resources more efficiently, can lead to significant savings, protect our environment, and increase demand for better products. Specifically, the Policy is adopted in order to: • Conserve natural resources, including water and energy; • Reduce materials that are landfilled or incinerated; • Lower overall costs by addressing full lifecycle cost accounting; This policy is subject to the Municipal Contracting Law (Minn. Stat. 471.345), the Presidential Executive Order 13101, and all other applicable laws and ordinances. Implementation This policy will apply to all City departments and employees. All City departments are responsible for implementation of this policy to ensure their respective employees and contractors are fully aware and supportive of this policy. City staff is responsible for: • Informal data on purchases of environmentally preferable products; • Financial implications of the policy, if any; and • Overall accomplishments and challenges. Policy For the purpose of this Policy, the following definitions and abbreviations shall apply: • Green Team: A group of Richfield Staff focused on promoting, educating, researching, and implementing environmentally friendly policies, practices, and considerations. • Bio-based product: A product using biological or renewable agricultural (plant, animal or marine) or forestry materials. • Biodegradable: The ability of a substance, material, or product ingredient to readily decompose by the action of microbes. • Buyer: means personnel authorized to purchase or contract for purchases on behalf of the City of Richfield • Carcinogen: A chemical that causes cancer. • CFL: Compact Fluorescent Lamp. • Computer Peripherals: any auxiliary device such as a computer mouse or keyboard that connects to and works with the computer in some way. • Contractor: means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, 2 contractors, or other entity that has a contract with the City of Richfield or serves in a subcontracting capacity with an entity having a contract with the City of Richfield for the provision of goods or services. • Energy Star: An energy efficiency product labeling program by the EPA (http://www.energystar.gov). • Energy-Efficient Product: means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets federal standards. • EPEAT: Electronic Product Environmental Assessment Tool; an on-line tool helping institutional purchasers select and compare electronic equipment such as computers and monitors based on their environmental attributes. • Forest Stewardship Council: A global non-profit organization that certifies responsible forest management (http://fscus.org/html/). • Postconsumer recycled content: Refers to an end product containing material that has completed its life cycle as a consumer item and would otherwise have been disposed of as a solid waste. • Pre-consumer Material or Post-industrial: means material or byproducts generated after the manufacturing of a product is completed but before the product reaches the end-use consumer. Pre-consumer material does not includes mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process. • Practical: mean whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time. A reasonable cost shall mean that the product has a lifecycle cost that is reasonably similar to the lifecycle costs of other similar products and has a 10% or less price preference. • Product lifecycle considerations: Refers to the environmental effects of a product through raw materials acquisition, manufacturing, distribution, use, maintenance and disposal. • Recovered Material: Fragments of products or finished products of a manufacturing process that include pre-consumer and postconsumer material. • Recycled Content: means the percentage of recovered materials, including pre- consumer and postconsumer materials, in a product. • Remanufactured Product: means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form. • US EPA Guidelines: the Comprehensive Procurement Guidelines established by the United States Environmental Protection Agency for federal agency purchases as of May 2002 and any subsequent versions adopted. • Water Sense: A water conservation product labeling program sponsored by the EPA. Background 3 The City of Richfield has an opportunity to serve as a community model for environmental leadership by incorporating environmental considerations in public purchasing that reduce its burden on the local and global environment, reduce costs and liabilities, and help develop markets for environmentally responsible products. These environmental considerations will join existing cost and efficiency factors that city employees consider in their stewardship of taxpayer funds. The Richfield Sustainable Purchasing Policy has been developed with advice from the Community Services Commission, whose duties include advising the City on all matters relating to the Minnesota GreenStep Cities Program. General Policies The Green Team is responsible to coordinate the implementation of the Richfield Environmental Purchasing Policy. The Green Team will ensure all departments/operations will: • Identify opportunities for environmental purchasing initiatives and the trade- offs involved (e.g., cost, ability to meet specifications for product effectiveness, etc.); • Provide a forum for open discussion by affected personnel; and • Educate and inform staff about the environmental purchasing program. The Green Team shall meet as needed following the adoption of this policy to ensure its implementation and effectiveness. Identification of Products and Services Source Reduction 1. The City will institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality, including but not limited to: • communicating electronically instead of printing to the greatest degree possible given some residents and city workers do not have email; • photocopying and printing double-sided; • streamlining and computerizing forms; • printing of documents and reports only as they are needed and required by state mandated record retention policies; • using long-life products with service agreements supporting maintenance and repair; • sharing equipment and occasional use items; • choosing durable products rather than disposable; • buying in bulk, whenever storage is available and operations allow it; • reusing products such as file folders, storage boxes, office supplies, and furnishings; • using washable and reusable dishes and utensils; and • reducing the use of disposable batteries by purchasing rechargeable batteries for battery operated devices when application and cost- effectiveness permit (e.g., batteries used by water meters, fire 4 department equipment and other life critical applications, police radios, etc. are not included in this policy). 2. The City will require to the extent practical, that surplus or outdated electronic equipment is designated for reuse and or recycling except where constrained by data practices procedures ( such as disk storage equipment). 3. The city will avoid usage of single-use bottled water wherever practical (e.g., police and fire departments must have water in the field). Recycled Content Products 1. Printing paper, office paper, and paper products shall contain the highest postconsumer content practical and within budgets, but ideally no less than the minimum recycled content standards established by the US EPA Comprehensive Procurement Guidelines and Minnesota State Law. 2. Janitorial paper products will contain the highest postconsumer content practical and within budgets. Ideally this is no less than the minimum recycled content standards established by the US EPA Comprehensive Procurement Guidelines. 3. . 4. When specifying asphalt concrete, aggregate base or cement concrete for road construction projects, the City will use recycled, reusable or reground materials when they meet specifications and are available and cost-effective. 5. To the greatest extent practical and within budgets, the City will specify and purchase recycled content transportation products, including signs, cones, parking stops, and barricades, and other recycled products approved by the Minnesota Department of Transportation. 6. The City will purchase re-refined lubricating and industrial oil certified by the American Petroleum Institute (API) for use in its vehicles and other equipment that meets manufacturer’s specifications/warranties, is cost-effective and practical. 7. The City will purchase recycled content for outdoor applications whenever practical and cost-effective. Energy and Water Savings 1. Where applicable and cost effective, energy-efficient equipment will be purchased with the most up to-date energy efficiency functions. When necessary, the City will train equipment operators and maintenance personnel 5 in the proper enabling and use of energy efficient and sleep mode functions on their equipment. 2. The City will purchase ENERGY STAR compliant equipment and appliances when US EPA Energy Star certification is available for the product. Typically, this would include lighting, heating and cooling systems, exhaust fans, water heaters, computer monitors and peripherals, exit signs, and appliances. 3. When Energy Star labels are not available, choose energy efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program if cost effective. 4. The City will purchase Water Sense complaint products whenever practical and cost effective and for which the US EPA Water Sense certification is available. This includes, but is not limited to, high-performance fixtures like toilets, waterless urinals, low-flow faucets and aerators, and upgraded irrigation systems. Green Building - Construction and Renovations 1. The City will purchase high efficiency cooling and heating equipment and motion sensitive lighting, whenever practical and economical. Waste Minimization 1. The City will prefer packaging that is reusable, recyclable or compostable, when suitable uses and programs exist for these materials and are cost effective. 2. Vendors will be encouraged to take back and reuse pallets and packaging materials. 3. The City will dispose of electronic equipment, including but not limited to computers, monitors, printers, and copiers, or use disposal companies that will take back equipment for reuse or dispose them according to certified environmentally safe recycling if cost effective and satisfactory under public equipment disposal laws. Bio-Based Products 1. Vehicle fuels made from plant-based contents (e.g. bio-diesel) are encouraged whenever practical in terms of cost and specification unless they are determined to be less environmentally friendly than the alternative. 2. Paper products and construction products made from non-wood, plant-based contents and residues are encouraged whenever practical. Substitution Process 6 The City will work with their various suppliers to encourage those suppliers to bring information and ideas on environmentally and preferable alternatives for currently specified products that are readily available, cost effective and can perform for the intended use. The City will follow applicable State and Local procurement laws to make substitutions where possible. Adopted by City Council on March 13, 2018 AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #3.D. STAFF RE P ORT NO. 50 CIT Y COUNCIL ME E T ING 3/13/2018 RE P O RT P RE PA RE D B Y: Jim Topitzhofer, Recreation S ervices D irector D E PA RTME NT D IRE C TO R RE V IE W: Jim Topitzhofer, Recreation S ervices D irector 3/6/2018 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 3/8/2018 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 contract with Becker Arena Products, Inc. to replace the dasher boards in Rink One in the amount of $159,145.44 and to authorize the City Manager both to execute the contract and to approve additional work up to $10,000 without further City Council authorization. E X E C UT IV E S UM M ARY: The dasher boards for Rink One are in desperate need of replacement. Dasher boards outline the ice surface and create a safety barrier between players and spectators. The original dasher boards for Rink One were installed when the facility opened in 1971 and were constructed with green pressure treated posts with 3/4" green treated plywood backing for reinforcement. I n 1997, the dasher boards were reconstructed with new green treated posts, but without the plywood backing to save on cost and as a result the estimated life of the re-built boards was 15 years. Based on this, the boards are six years past their estimated life. A quote to replace the dasher boards with a steel and aluminum frame was received from Becker Arena Products, I nc., in the amount of $159,145.44. Because the City of Richfield has entered into an agreement with the National J oint Powers Alliance, the attached purchase contract for the dasher boards was discounted 5%. Upon execution of the purchase contract, the dasher boards for Rink One will be replaced this summer during scheduled maintenance. The new system will have an estimated lifespan of more than 50 years. RE C O M M E ND E D AC T I O N: By motion: Approve a contract with Becker Arena Products, Inc. to replace the dasher boards in Rink One in the amount of $159,145.44 and to authorize the City Manager both to execute the contract and to approve additional work up to $10,000 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 The original dasher boards for Rink One were installed when the facility opened in 1971 and were constructed with green pressure treated posts with 3/4" green treated plywood backing for reinforcement. The dasher boards were re-constructed in 1997 with new green treated posts but without the plywood backing to save on cost. As a result, the estimated life of the re-built boards was 15 years. The posts now are severely deteriorated and have rotted to the point where fasteners are failing. Dasher boards are constantly exposed to moisture, humidity and temperature change, and are subject to forces caused by the Zamboni as it travels around the edge of the ice. The boards were originally planned to be replaced as part of the ice arena refrigeration project. W ith that project on hold until after the parks master plan process is complete, the dasher board situation needs to be addressed now for safety reasons. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): W hen the purchase of materials, merchandise, equipment, or construction exceeds $100,000, authority to purchase shall be submitted to City Council for consideration. The purchase of the dasher boards will be made through a Minnesota Service Cooperative. Minnesota Service Cooperatives are public entities created under MN Statute 123A.21 to negotiate services that result in cost savings and enhanced services for schools, government agencies and non-profit entities. The City of Richfield entered into a joint exercise of powers agreement with the National J oint Powers Alliance, a Minnesota Service Cooperative, approved by Council on 11/14/11. Becker Arena Products, I nc. is an approved vendor in this cooperative purchasing program. C.C R IT IC AL T IMIN G IS S U E S: Approval of a purchase contract is needed at this time to order the product in time for installation during the summer maintenance period. D.F IN AN C IAL IMPAC T: Purchase of the dasher boards for Rink One is identified in the 2018 approved capital improvement budget as part of the I ce Arena Conversion to I ndirect Refrigeration Project in the amount of $300,000. W ith that project on hold until after the parks master plan process is complete, the dasher board situation needs to be addressed now for safety reasons. E.L E GAL C ON S ID E R AT ION: The City Attorney has advised that because the dasher boards are being purchased through a Minnesota Service Cooperative, a formal bidding process of this project is not required. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council may consider to deny or delay the recommended action on this item, which would result in the inevitable closure of Rink One due to safety reasons. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Kris Weiby, Facilities Manager, will be present at the meeting to answer questions. AT TAC H ME N T S: D escription Type D asher B oard P urchase C ontract C ontract/A greement Confidential: This document contains proprietary and confidential information that is owned and is of significant value to B ecker Arena Products, Inc. No unauthorized use, disclosure or reproduction of any of this information is pe rmitted without the prior written consent of Becker Arena Products, Inc. Becker Arena Products, Inc. | 720 Innovation Drive Shakopee, MN 55379 | Toll Free (800) 234-5522 | www.beckerarena.com Customer #: RIC000 Quotation #: 10001743 Revision #: 4 Date: February 5, 2018 Proposal Expiration Date: March 5, 2018 Your Sales Consultant: Brad Peterson Prepared For: Project Location: Mr. Kris Weiby Richfield Ice Arena Richfield Ice Arena 636 East 66th Street 6700 Portland Avenue S. Richfield, MN 55423 Richfield, MN 55423 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products • A stable and reliable company since 1988 • A staff with in-depth knowledge of the industry and products • Quality products that last • Experienced and professional installers • Excellent customer service • Worry Free Projects - Guaranteed This system is available through the NJPA Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #030117 – BAP The National Joint Powers Alliance (NJPA) is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 50,000 Member agencies enjoy the value and commitment of the world-class NJPA awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #030117-BAP when ordering. You must be a member and contracting authority. Ask your sales person for a copy of the NJPA Contract Purchasing information booklet or go to www.njpacoop.org for more information. 2 Proposal/Contract Per our recent discussions and review of the site conditions at the Richfield Ice Arena, below please find pricing for the following dasher board system along with various options. BAP6.0 SIGNATURE SERIES HOCKEY DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish with installation one custom built BAP6.0 Signature Series dasher board system along with related option. The pricing is based on the information furnished and will include the following items and features. DASHER FRAMING & POLYETHYLENE FACING, CAP RAIL & KICK PLATE Rink Size: 200’ x 85’ x 21’ radius - 542 lineal feet of 42” high BAP6.0 Signature Series galvanized steel frame dasher boards (Ring with box divider panels and back walls to penalty & timekeeper boxes) 1/2" white high-density polyethylene dasher facing 1/2" x 8” high yellow high-density polyethylene kick plate (With stainless steel screws) 3/4" red high-density polyethylene cap rail All panels pre-assembled All panel steel framing hot dip galvanized after fabrication New custom anchoring system GATES One 10'-0" double leaf equipment gate complete with heavy duty adjustable hinges, slide bar, cane bolts and heavy-duty casters Four 2'-6" player box gates with heavy duty hinges and lift latches Two 2'-6" penalty box gates with heavy duty hinges and ice side push button latches One 6’-0" double swing access gate with heavy duty hinges and ice side push button latches 1” thick high–density polyethylene thresholds on player, penalty and access gates PLAYER, PENALTY AND TIMEKEEPERS BOXES Player boxes – Two each 20’-6” long with side divider panels with 2’-6” gates on the ends of the boxes only (No back walls) One each 1” thick x 18” wide x 72” long solid natural polyethylene timekeeper table 61 lineal feet of 3/8" thick white high-density polyethylene backer sheet in the player, penalty and timekeeper boxes complete with built-in shelving in the player boxes New tempered glass dividers on the end walls of the player boxes. 504 square feet of 10mm thick x 4’ x 6’ Solid Black Stamina mats in the player boxes and adjacent box areas – pricing does not include any adhesive. Includes loose lay installation. Penalty box custom height end dividers along with a back wall to the penalty boxes and timekeeper box with a 3’ wide opening in the back wall of the timekeeper box. 12mm (1/2”) thick x 6’ tempered glass for the new divider panels and back walls complete with anodized aluminum shield supports as required. 3 Proposal/Contract TEMPERED GLASS SHIELDING 226 lineal feet of 15mm (5/8”) x 6’-0” high tempered glass shielding for the ends and radius corners of the rink complete with two-piece HDQR Heavy Duty Quick Release anodized aluminum shield supports 276 lineal feet of 12mm (1/2”) x 6'-0" high tempered glass shielding for the spectator sides of the rink and two divider panels complete with two-piece HDQR Heavy Duty Quick Release anodized aluminum shield supports Shield termination padding BACKER PANELS 35 lineal feet of 3/8" of red or black high-density polyethylene full height permanent backer sheet (41”) for the Zamboni area and the main entrance area 439 lineal feet of red or black high-density polyethylene partial height backer (Approximately 12” high) around the entire perimeter (Excludes existing box areas). Includes required “H” mullion closure strip at backer seams 439 lineal feet of red or black powder coated 3” x 3” aluminum closure angle PROTECTIVE NETTING Owner is responsible for removing and re-installation of the protective netting on the ends and radius corners of the rink. POLYETHYLENE AT BACK WALLS OF PLAYER BOXES 3/8” thick black high-density polyethylene to be installed on the back walls of the player boxes. REMOVAL / INSTALLATION Becker Arena Products, Inc. will furnish a crew for the complete removal and disposal of the existing dasher board system and installation of the new dasher system described above. Price includes removal & installation labor (Non-union @ non-prevailing wage rate labor) a forklift for unloading and material handling. Please note: the sand base will be required to be frozen for the installation of the new board system. WARRANTY Becker Arena Products, Inc. will supply the above dasher board system with a three-year warranty when purchased through the NJPA. (Standard warranty is one year) See attached warranty statement. TOTAL PRICE NEW DASHER BOARD SYSTEM, DELIVERY & INSTALLATION $167,521.52 NJPA – NATIONAL JOINT POWERS ALLIANCE PURCHASING PROGRAM DISCOUNT BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #022113 - BAP NJPA BASE PRICE DISCOUNT – 5% [$ 8,376.08] BASE PRICE WITH NJPA DISCOUNT (5%) $159,145.44 Accept _____ 4 Proposal/Contract SIGNATURE SERIES OPTIONS Option #1 – CONSTRUCTION ALLOWANCE - Becker Arena Products, Inc. recommends an allowance for the unknown conditions that may be discovered after removal of the existing dasher board system. This allowance would only be used if after removal of the existing dasher boards there are issues that need to be resolved and were not known at the time of pricing. All changes to the contract would be by written change order. Please ADD to the base price $ 10,000.00 Accept _____ Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. If sales tax is applicable it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. Our Standard Payment terms are: 45% due upon placement of order ($____________________) 45% due 10 days prior to delivery ($____________________) 10% due upon delivery and installation ($____________________) The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please do not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This proposal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retains a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # 10001743 Rev4 is accepted with initialed options: _____________________________ ___________________________ Purchaser Signature Becker Arena Products, Inc. _________________________________ ______________________________ Title Title _________________________________ ______________________________ Print Name Print Name _________________________________ ______________________________ Date Date _________________________________ __030117-BAP_________________ NJPA Member Number NJPA Contract Number Desired Installation Date: ____________ 5 Proposal/Contract Becker Arena Products, Inc. STANDARD TERMS AND CONDITIONS 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, as applied to contracts executed in and performed wholly within the State of Minnesota. 2. Delays. Becker Arena Products, Inc. (Seller) will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of the goods, or for any damages suffered by the Purchaser by reason of such delay, including liquidated or actual damages. 3. Arbitration. Any and all controversies or claims arising out of or relating to this contract or the performance or breach thereof shall be settled by arbitration in Minneapolis, Minnesota in accordance with the then existing rules and procedure of the American Arbitration Association. 4. Mechanic's Lien or Bond Rights. Nothing herein shall be deemed to waive or affect Seller's right to assert a mechanic's lien against the property on which the goods are installed or to make a claim against any bond. Purchaser agrees to provide any and all information requested by Seller, within three (3) calendar days, to allow Seller to preserve or effectuate its mechanic's lien or bond rights. 5. Change Orders. A change order will be required for any additional work to be performed or materials to be supplied by the Seller, which is not included in the contract or is a result of the Purchaser's failure to comply with the terms and conditions as described herein. A change order must be filled out by the Seller and signed by the Purchaser before any work commences or material is ordered and/or shipped. 6. Production Schedule, Installation Schedule, and Storage. When Seller has received and accepted the contract along with signed approval drawings and credit approval, they will have up to 16 weeks to produce and deliver the materials provided that there are no custom materials needed. Custom materials will include non-standard colors and/or materials. The Purchaser will be contacted after the receipt of the required information to coordinate a shipping date and an installation date(s). These dates will serve as the contract delivery date and will be used to schedule production, delivery, and installation. The Owner/Purchaser will be contacted 21 days prior to shipping to confirm that the site will be ready. If the Purchaser's site is not ready or will not be ready on this date, the following may occur: Dasher Board Systems A. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedule, it will be stored at Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week. All payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship date, no storage fees will apply and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and not the adjusted ship date. 6 Proposal/Contract B. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purchaser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay may cause additional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. C. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Purchaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 7. General Site Requirements. The following criteria must be met or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: A. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or refrigeration contractors requirements, before the date installation is scheduled to begin. B. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for every 10' in length and no more than 1/4” difference in height over the length and width of the perimeter surface. C. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final graded prior to dasher board installation. D. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of strai ghtness from end to end and side to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension for the frame to cover it. E. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightness and size, the following will occur: 1. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Purchaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 2. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are the sole responsibility of the Purchaser. 3. The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perimeter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 7 Proposal/Contract 8. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 9. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (including general contractors and architects) must be available for a final walk through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is covered by the Seller's Warranty. 10. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the signed contract has been delivered to Seller. Production will not commence until Seller receives approved shop drawings. Field measured, tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchaser. 11. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufacturer's tolerance. Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. During manufacturing, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the material due to temperature change in the field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it adheres to these manufacturing requirements. 12. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quantities and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item in a box. The Purchaser must count anything that is not boxed. 8 Proposal/Contract 3 YEAR LIMITED WARRANTY 1. What Is Covered By This Limited Warranty - Becker Arena Products, Inc. (“BAP”) warrants to the original purchaser (“Purchaser”) that the BAP system (the “System”) that is subject of this sale (a) conforms to BAP’s published specifications and (b) is free from defects in material or workmanship. Th is warranty is not transferable by Purchaser, including any transfer by operation by law. The duration of this warranty is one year from the date of delivery to the original Purchaser. In the event of any claim of defect during the warranty period, Purchaser shall promptly notify Seller in writing of the claimed defect. Within a reasonable time after such notification Purchaser shall provide Seller full access to the products to inspect, repair, and/or replace the products in question. Seller’s sole ob ligation shall be to correct any actual defect by repair, replacement, or adjustment as determined in Seller’s sole discretion. In no event shall notification be effective if received by BAP later than 37 months from date of delivery of the System. These remedies are Purchaser’s exclusive remedies for breach of warranty. BAP is under no obligation to honor this limited warranty during any time in which Purchaser is in default in its obligations to BAP. 2. What Is Not Covered By This Warranty – BAP does not warrant (a) any product, component or parts not manufactured by BAP, (b) defects caused by failure to provide a suitable installation environment for the System, (c) defects caused by failure to follow BAP’s System maintenance schedule, (d) damage caused by use of the System for purposes other than those for which it was designed, (e) damage caused by a disaster such as fire, flood, wind or lightening, (f) damaged caused by unauthorized attachments or modifications to the System, (g) damage during shipment, or (h) any other abuse or misuse by Purchaser or the System. 3. Disclaimer Of Warranty – THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES FOUND UNDER ARTICLE 35(2)(a) AND (b) OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980. 4. Limitations Of Remedies – In no case shall BAP be liable for any special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings revenue, loss of use of System or any associated equipm ent, cost of capital, cost of any substitute equipment, facilities or service, downtime, the claims of third parties (including customers) and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow limits on warranties or on remedies for breach in certain transactions. In such states, the limits in this Section 4 and in Section 3 above my not apply. 5. Time Limit For Bringing Suit – Any action for a breach of warranty must be commenced within 37 months following delivery of the System. 6. No Other Warranties – Unless modified in a writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee of BAP or any other party is authorized to make any warranty in addition to those made in this agreement. 7. Allocation Of Risk – This warranty allocates the risk of product failure between BAP and Purchaser. This allocation is recognized by both parties and is reflected in the price of the System. Purchaser acknowledges it has read this warranty, understands it and is bound by its terms. AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #5. STAFF RE P ORT NO. 51 CIT Y COUNCIL ME E T ING 3/13/2018 RE P O RT P RE PA RE D B Y: Jennifer A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 2/27/2018 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 3/5/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing and consideration of the approval of new On-Sale Intoxicating and Sunday Liquor licenses for Lyndale Smokehouse, L LC d/b/a Lyndale Smokehouse located at 7745 Lyndale Ave South. E X E C UT IV E S UM M ARY: On December 5, 2017, the City received the application materials for new On-Sale I ntoxicating and Sunday Liquor licenses for Lyndale Smokehouse, L L C d/b/a Lyndale Smokehouse located at 7745 Lyndale Ave South. Lyndale Smokehouse will be operating out of the lower level of the Four Points by Sheraton located at 7745 Lyndale Ave South. All required information and documents have been received. All licensing fees have been paid. The Public Safety background investigation has been completed. The results of the investigation are summarized in an attachment to this report. The Public Safety Director has reviewed the background investigation report. There is nothing in the report that would cause the Public Safety Director to recommend denial of the requested licenses. RE C O M M E ND E D AC T I O N: Conduct and close the public hearing and by motion: Approve the issuance of new On-Sale Intoxicating and Sunday Liquor licenses for Lyndale Smokehouse, LL C d/b/a Lyndale Smokehouse located at 7745 Lyndale Ave South. 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 applicant has satisfied the following requirements for issuance of licenses: The required license fees have been paid. Real estate taxes are current. Proof of commercial and liquor liability insurance have been received showing Cincinnati I nsurance Company as affording coverage. As a result of this being a new request for On-Sale I ntoxicating and Sunday Liquor licenses, there is no need for an accountant's statement regarding food/alcohol ratio. As stated in the Executive Summary, the Public Safety Director has reviewed the background information and sees no basis for denial. On-Sale I ntoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance of On-Sale I ntoxicating and Sunday Liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on March 01, 2018. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Richfield City Code Section 1202 requires owners of On-Sale I ntoxicating and Sunday Liquor license establishments to comply with all the provisions of both City Code and State Statutes. C.C R IT IC AL T IMIN G IS S U E S: There are no critical timing issues. D.F IN AN C IAL IMPAC T: Licensing fees have been received. E.L E GAL C ON S ID E R AT ION: The requirements of Resolution No. 9511 must be met, which outlines the discipline they can expect if any on-going problems occur. A copy of this resolution has been given to the owners of the establishment. ALTE R N AT IV E R E C O MME N D ATIO N(S): The Council could decide to deny the requested licenses, which would mean the current applicants would not be able to serve On-Sale I ntoxicating liquor; however, Public Safety has found no basis to deny the license. Schedule the hearing for another date; however, this will delay the licensing process. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: A Lyndale Smokehouse representative will be present. AT TAC H ME N T S: D escription Type B ackground Investigation S ummary - Lyndale S mokehouse C over Memo SUMMARY OF BACKGROUND INVESTIGATION FOR LYNDALE SMOKEHOUSE, LLC D/B/A LYNDALE SMOKEHOUSE Officers: Harshal Patel – President Minesh Patel – Vice President Criminal Histories: Criminal history checks were conducted on the applicants. Harshal Patel, who is the President and is serving as the On-Premise Manager, has no known criminal record. Minesh Patel also has no known criminal record. Premises: The applicants have provided a copy of the rental agreement showing MOA Hospitality Group LLC, holding financial interest as lessor of the property. Record of Service Calls: Being this is a new business, there are no records of service calls. Violations: Being this is a new business, there are no violations for sale of alcohol to underage youth. Routine Information: On-Sale Intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owners of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of On-Sale Intoxicating and Sunday Liquor licenses. The notice of Public Hearing was published in the Richfield Sun Current on March 01, 2018. AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #6. STAFF RE P ORT NO. 52 CIT Y COUNCIL ME E T ING 3/13/2018 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 3/6/2018 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 3/7/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Public hearing and consideration of the approval 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 approve a resolution authorizing summary publication of the ordinance amendment. 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 five 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 could 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: Conduct and close the public hearing and by motion: Approve an ordinance amendment to Richfield City Code Appendix D Exhibit A (Construction and Related Permit Fees and Charges) and approve a resolution authorizing summary publication of the ordinance amendment. 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. A first reading of this proposed ordinance amendment was held by the Richfield City Council at its February 27, 2018 meeting. C.C R IT IC AL T IMIN G IS S U E S: N/A 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 was published in the Sun Current, as required. ALTE R N AT IV E R E C O MME N D ATIO N(S): Approve the second 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 Transitory Ordinance Ordinance Resolution - S ummary P ublication Resolution L etter A ffordable Housing F ee Reduction Guidelines E xhibit BILL NO. _____ TRANSITORY ORDINANCE NO. ______ AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background 1.01 Appendix D to the Richfield City Code consists of the schedule of fees adopted by the City Council, including those adopted by resolution and those adopted by Ordinance. 1.02 Minnesota Statutes, Section 462.353 requires that certain fees be adopted by Ordinance. The City Council has previously established certain fees by Transitory Ordinance No. ____. The City Council has established other fees by resolution, which resolution is also part of Appendix D. 1.03 The City Council has determined the need to update the schedule of fees under Transitory Ordinance No. _____. Section 2. Fee Schedule Adopted 2.01 The fees set forth in the attached Exhibit A are hereby adopted by Ordinance. 2.02 The fees adopted at Section 2.01 of this Ordinance shall be amended only by Ordinance. Any fees established by resolution, other than those adopted at Section 2.01 of this Ordinance, may be amended from time to time by resolution of the City Council. Section 3. Effective date; codification. 3.01 This Ordinance is effective in accordance with Section 3.09 of the City Charter. 3.02 A copy of this Ordinance shall be included in Appendix D to the Richfield City Code, immediately prior to the resolution establishing fees. 3.03 This Ordinance supersedes Transitory Ordinance No. _____. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 2018. Pat Elliott, Mayor ATTEST: Elizabeth Van Hoose, City Clerk 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 (minimum charge - two hours) $60.00 per hour (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 Central Systems and Additions, $45.00 Heating, Ventilating, Air Conditioning and Refrigeration Alterations and Repairs1½% estimated cost with a minimum of (14) Sign Installation 415.01— 415.11 (a) Temporary sign permit (b) Permanent sign (any size) Building permit is required for sign support structures Fees based on building permit fee schedule $35.00 $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 $50.00 or less (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 RESOLUTION NO. _____ RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. ________ APPENDIX D TO THE RICHFIELD CITY CODE; ESTABLISHING A FEE SCHEDULE FOR CERTAIN PERMITS AND APPLICATIONS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance revises rules related to fees in order to provide building permit fee reductions to affordable housing developments. In summary, the reductions are 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. These reductions shall apply to affordable housing developments containing at least 20% of their housing units as affordable to households earning at, or below, 60% of the area median income. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 2018. Pat Elliott, Mayor ATTEST: Elizabeth VanHoose, City Clerk 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 excludes 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 shall 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:RESOLUTIONS AGENDA ITEM #7. STAFF RE P ORT NO. 53 CIT Y COUNCIL ME E T ING 3/13/2018 RE P O RT P RE PA RE D B Y: Jennifer J A nderson, S upport S ervices Manager D E PA RTME NT D IRE C TO R RE V IE W: Jay Henthorne, D irector of P ublic S afety/C hief of P olice 3/1/2018 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 3/5/2018 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consideration of the adoption of the Resolution with Findings revoking the business license for First Step, L LC (d/b/a Richfield Health Massage). E X E C UT IV E S UM M ARY: The City of Richfield served a search warrant on First Step, L L C (Richfield Health Massage) located at 7610 Lyndale Ave S. on J anuary 11, 2018. Due to discovering illicit activity occurring on the premises, the Richfield Police Department immediately closed the establishment. One therapist has been formally charged with gross misdemeanor prostitution. The licensee was also operating the business in violation of City Code. Three individual massage therapists were engaging in prohibited massage, failed to use the required coverings on persons receiving a massage and had not obtained the required licensure from the City, despite several notices from City staff about this requirement to the licensee. Two of the women have been formally charged with misdemeanor massage without a license. At its meeting on February 13, 2018, the Council held a public hearing regarding the license revocation and passed a motion revoking the license. Adoption of the Resolution is necessary to formalize the revocation and provide a written record of the Council's basis for revocation. RE C O M M E ND E D AC T I O N: By motion: Approve the adoption of the Resolution with Findings, revoking the business license for First Step, L LC. 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 of Richfield Police Department first became aware of illegal activity at First Step, LLC on December 26, 2017, when it received a tip from a patron of First Step, LLC. After a thorough investigation and undercover operation, a search warrant was procured on J anuary 10, 2018, and executed on J anuary 11, 2018. Code violations were discovered during the undercover operation. I n regard to licensing of staff, the owner of First Step, L L C was instructed at the time of application (early J uly 2016) that anyone providing massage services needed to be licensed through the City of Richfield. I n all instances, this information was communicated via a translator and/or mobile translation application. I n late J uly 2016, the owner was reminded again about the need for staff to be licensed via a letter from the City of Richfield regarding items missing from his business license application packet. W hen the business opened in March 2017, the owner attempted to have a woman licensed but because she didn't have the necessary education and experience, she was denied licensure. To date, Business Licensing has not received any applications for the staff who were providing services and arrested on J anuary 11, 2018, at First Step, LLC. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City Code 1188.27 states, "A license granted under this section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statements in the license application or in the course of operating or conducting business." City Code 1188.21 imposes the following license restrictions: Subd. 5.Employment of unlicensed massage therapists prohibited. No therapeutic massage enterprise shall employ or use any person to perform therapeutic massage who is not licensed as a therapeutic massage therapist under this code, unless this person is specifically exempted from obtaining a therapist license in Section 1188.07 of this code. Subd. 6.Coverings. The massage therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non- transparent material or clothing. A massage therapist performing therapeutic massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material clothing at all times. Subd. 7. Prohibited massage. A massage therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. C.C R IT IC AL T IMIN G IS S U E S: N/A D.F IN AN C IAL IMPAC T: Other than the loss of license fees, there is no financial impact. 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): 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 C over Memo 1 RESOLUTION NO. ________ REVOCATION OF THE THERAPEUTIC MASSAGE ENTERPRISE LICENSE OF FIRST STEP, LLC (D/B/A RICHFIELD HEALTH MASSAGE) LOCATED AT 7610 LYNDALE AVENUE SOUTH, SUITE 400, RICHFIELD, MN 55423 WHEREAS, First Step, LLC (“Licensee”), a Minnesota limited liability company, operated a therapeutic massage business at 7610 Lyndale Avenue S., Ste. 400, Richfield, MN; and WHEREAS, pursuant to Richfield City Code Subsection 1188.05, therapeutic massage enterprises and individual massage therapists are required to be licensed by the City; and WHEREAS, Subsection 1188.09 of the Richfield City Code provides that the owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services; and WHEREAS, Subsection 1188.21 of the Richfield City Code contains requirements and restrictions related to the operation of a therapeutic massage enterprise, including but not limited to the following: 1) No therapeutic massage enterprise shall employ or use any person to perform therapeutic massage who is not licensed as a therapeutic massage therapist under this code, unless the person is specifically exempted from obtaining a therapist license in Section 1188.07 of this code (Subd. 5); 2) The massage therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non- transparent material or clothing. A massage therapist performing therapeutic massage must have the therapist's breasts, buttocks, anus and genitals covered with a non- transparent material or clothing at all times (Subd. 6); 3) A massage therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. (Subd. 7). WHEREAS, on December 26, 2017, the Richfield Police Department first became aware of potential illegal activity on Licensee’s premises after a tip from a patron; WHEREAS, after a thorough investigation and undercover operation, a search warrant was obtained and executed on January 11, 2018, by the City of Richfield Police Department, which discovered several violations of City Code on Licensee’s premises, including the following: 1) Three individual massage therapists were engaging in prohibited massage by failing to use the required coverings on persons receiving a massage and by massaging and offering to massage prohibited areas of the body; and 2 2) Three individual massage therapists had not obtained the required license from the City. WHEREAS, City staff has provided adequate information to the Council that Licensee was aware of the licensure requirement for individual massage therapists and that after having such knowledge, the therapists did not obtain the required licenses; WHEREAS, Licensee is responsible for the lawful operation of the business; WHEREAS, City Code Subsection 1188.27 provides that a therapeutic massage enterprise license may be suspended or revoked by the Council upon notice and public hearing for any violation of the Code; WHEREAS, on January 16, 2018, the City sent a notice to Licensee stating the staff’s intent to recommend to the City Council that Licensee’s license be revoked based on the Code violations and informing Licensee of its right to a hearing; WHERAS, Licensee’s attorney acknowledged in a letter dated January 22, 2018, to Chief Henthorne that Licensee wished to proceed with the hearing; WHEREAS, the Council held a public hearing on February 13, 2018 and Licensee’s representative, Liuhe Wei, and his attorney were present and addressed the Council; WHEREAS, Mr. Wei and his attorney conceded that Code violations had occurred on Licensee’s premises and that such violations could be the basis for a revocation of the license; and WHEREAS, allowing Licensee to continue operation of the business in an illegal manner would permit the continuation of a significant risk to public health and safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The recitals outlined above are hereby adopted by the Council as factual findings and are fully incorporated herein. 2. The therapeutic massage enterprise license held by First Step, LLC (d/b/a Richfield Health Massage), which business was most currently located at 7610 Lyndale Avenue South, Suite 400, Richfield, MN 55423, is hereby revoked. Adopted this 13th day of March, 2018. _________________________________ Pat Elliott, Mayor ATTEST: ________________________________ Elizabeth VanHoose, City Clerk