08-02-2018 Special Complete AgendaS P E C IAL C ITY C O U N C IL ME E TIN G
R IC H F IEL D MU N IC IPAL C EN TER, H ER E D IA R O O M
AU G U S T 2, 2018
6:00 P M
C all to order
1.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 an agreement allowing Metro S ales to temporarily use C ity property at
1710 - 78th S treet E ast for employee parking.
S taff Report No. 128
B .C onsideration of the approval of a C onstruction and Maintenance A greement with P laza 66 that defines
ownership and maintenance responsibilities for certain features constructed at 1601 66th S treet E ast.
S taff Report No. 129
2.C onsideration of items, if any, removed from C onsent C alendar
3.S pecial Meeting Items
Interviews of executive search firms (Hue L ife and The Mercer Group) and consideration of the hiring of an executive
search firm to complete recruitment of a C ity Manager.
S taff Report No. 130
4.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.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #1.A.
STAFF RE P ORT NO. 128
CIT Y COUNCIL ME E T ING
8/2/2018
RE P O RT P RE PA RE D B Y: Melissa P oehlman, A ssistant C D 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
7/25/2018
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
7/26/2018
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 an agreement allowing Metro Sales to temporarily use City property
at 1710 - 78th Street East for employee parking.
E X E C UT IV E S UM M ARY:
Metro Sales operates from property loc ated at 1640 - 78th Street East. Historically, they have leased
additional parking for employees from Adler Graduate School (1550 - 78th Street East). The sale of the
property and pending construction of the Morrie's J aguar/Land Rover on this site have required Metro Sales
to look elsewhere for parking and to consider a rec onfiguration of their existing parking lot to add additional
parking. P arking lot modific ations are scheduled for August and will take approximately one month. Metro
Sales has requested permission to have employees temporarily park on a portion of the C ity's property at
1710 - 78th Street E ast. W hile this property will be needed for c onstruc tion and storage during the 77th
Street underpass project, there would be no conflict in allowing this use for a short time.
The agreement allows employ ee parking on the City-owned property through the month of September. During
the period of use, Metro S ales will be responsible for the maintenance of the property. Finally, the attached
agreement indemnifies the City against claims related to Metro Sales' use of the property.
RE C O M M E ND E D AC T I O N:
By motion: Approve an agreement allowing Olin 1, LL C (dba Metro Sales) to temporarily park
employee vehicles on City property located at 1710 - 78th Street East.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
None
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G IS S U E S:
Employee parking space is an immediate need for the property owner.
D.F IN AN C IAL IMPAC T:
Olin 1, L L C will pay the City $231.75 per month (or portion thereof) for use of the property.
E.L E GAL C ON S ID E R AT ION:
The agreement was drafted by the City Attorney.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Deny a request for temporary use of 1710 - 78th Street East for employee parking by Metro Sales.
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
A greement C ontract/A greement
531197v1 MDT RC160-5 1
PARKING AGREEMENT
THIS PARKING AGREEMENT (“Agreement”) is made this ____ day of ____________,
2018 between the City of Richfield, (“City”) and Olin 1, LLC, a Minnesota limited liability
company (“Owner”).
RECITALS
A. The City owns a vacant parcel at 1710 – 78th Street East with available parking
area (the “Property”); and
B. Owner is in need of a temporary parking area while Owner’s property is under
reconstruction; and
C. Owner has requested that the City permit it the non-exclusive use of the Property for
parking purposes while its property is under reconstruction.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties hereto agree and stipulate as follows:
1. Grant of Permit. The City hereby grants the Owner and its invitees a permit of non-
exclusive use of the Property for parking purposes pursuant to the terms of this Agreement. The
Owner may not utilize the Property for any other purposes. The Owner must use the Property in
compliance with the terms and conditions of this Agreement, and all federal, state, and local laws,
ordinances, rules, and regulations.
2. Access. The Owner and its invitees shall be permitted to non-exclusive use of the Property
for parking purposes beginning on August 1, 2018 until September 30, 2018. Access shall be
limited to these dates, except as otherwise agreed to, in writing, by the Community Development
Director or his designee.
3. Use. The Owner and its invitees shall use care in parking vehicles on the Property so that it
does not damage the Property. The Owner shall be responsible for repairing, at its sole expense,
any damage to the Property caused by the parking of vehicles. Whether or not damage to the
Property was caused by the Owner or its invitees is within the sole and reasonable judgment of the
City. The Owner and its invitees shall be responsible for cost, installation and maintenance of
erosion control on the Property for the term of the agreement. This may include but is not limited to
street sweeping, erosion control silt fencing, storm sewer inlet protection, and any other BMPs
determined necessary by routine City inspection.
4. Term. The Owner and its invitees shall be permitted non-exclusive use of the Property for
parking purposes beginning on August 1, 2018 until September 30, 2018. The Owner may request
and the City may agree to extend the term of this Agreement in its sole discretion. Said extension
shall be in writing and executed by both parties to this Agreement.
531197v1 MDT RC160-5 2
5. Compensation. The Owner agrees to compensate the City the sum of $231.75 per month,
or portion thereof, for use of the Property, payable on the first of the month.
6. Risk of Loss. During the term of this Agreement, the City shall not be liable for any loss or
damage to any vehicle or property of Owner or its employees, agents, or invitees. The Owner
acknowledges that any vehicles or other property stored on the Property are not covered by the
City’s insurance and all risks relating to the Owner’s use of the Property shall be borne exclusively
by the Owner.
7. Insurance and Indemnification. Before commencing use of the Property, Owner must
provide a certificate of insurance to the City, showing that Owner has property insurance and
liability coverage in an amount not less than $1,000,000 per occurrence, for bodily injury and
property damage. The Owner hereby releases and agrees to defend, indemnify, and hold harmless
the City, its officials, agents, employees, representatives, and contractors from liability for claims
for bodily injury and property damage arising out of, or related to, the Owner’s use of the Property
in connection with this Agreement.
9. Waiver. Nothing in this Agreement shall constitute a waiver or limitation of any immunity
or limitation on liability to which the City is entitled under Minnesota Statutes or otherwise.
10. Termination. The City may terminate this Agreement at any time upon 5 days’ written
notice to the Owner, or immediately, upon written notice to the Owner, if any activities by the
Owner, or its’ invitees, are deemed by the City, in its sole discretion, to have an adverse impact on
the public health, safety, or welfare.
11. Notices. A notice, demand, or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage
prepaid, return receipt requested, or delivered personally; and
a. To the City: City of Richfield
ATTN: Melissa Poehlman
Assistant Director of Community Development
6700 Portland Avenue
Richfield, MN 55423
b. To Olin 1, LLC: Jerry Mathwig, Chief Executive Officer
1640 78th Street East
Richfield, MN 55423
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section 11.
12. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument and may not be amended or modified except by
a writing signed by the parties hereto.
531197v1 MDT RC160-5 3
13. Governing Law; Forum. This Agreement shall be governed by and construed in
accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising
out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to
this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
14. Entire Agreement. This Agreement is intended by the parties as the final and binding
expression of their agreement and as the complete and exclusive statement of its terms. This
Agreement supersedes all prior negotiations, representations, and agreements between the parties,
whether oral or written, relating to the subject matter of this Agreement.
15. Relationship of Parties. Nothing in this Agreement shall be interpreted or construed as a
partnership or joint venture between the City and the Owner concerning the Owner’s use of the
Property. This Agreement shall not be interpreted to be any type of lease or easement affecting the
Property and does not convey an interest in the Property to the Owner.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
written above.
CITY OF RICHFIELD
By: ___________________________
Its City Manager
By: ___________________________
Its Mayor:
OLIN 1, LLC
By: ___________________________
Its: ___________________________
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #1.B.
STAFF RE P ORT NO. 129
CIT Y COUNCIL ME E T ING
8/2/2018
RE P O RT P RE PA RE D B Y: Jeff P earson, C ity E ngineer
D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector
7/25/2018
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
7/25/2018
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 Construction and Maintenance Agreement with Plaza 66 that defines
ownership and maintenance responsibilities for certain features constructed at 1601 66th Street East.
E X E C UT IV E S UM M ARY:
The properties at 1601 66th Street East were redeveloped to construct a single multi-tenant commercial
building. The construction included site improvements on both public and private property. The City has
worked with the Developer to draft a Construction and Maintenance Agreement that defines ownership and
maintenance responsibilities for the site and boulevard improvements constructed during the redevelopment
project. These improvements and responsibilities are listed in Exhibit C attached and include:
Sidewalk
Landscaping and I rrigation
Boulevard Trees
Street and Sidewalk Lighting
Public Utilities within Easements
Stormwater Control Devices
RE C O M M E ND E D AC T I O N:
By motion: Approve the Construction and Maintenance Agreement with Plaza 66 that defines
ownership and maintenance responsibilities for certain features constructed at 1601 66th Street East.
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 required the redevelopment to provide water quality treatment and detention before storm
water enters the City system. The onsite treatment structures and detention pond will help to
remove initial suspended sediment before the water eventually makes it's way to Taft Lake.
The Agreement provides direction on the annual inspection and maintenance of the treatment
structure and detention pond as well as the utilities and public items within private property.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The City requires a Construction and Maintenance Agreement for redevelopment projects
containing boulevard improvements and/or storm water treatment structures.
C.C R IT IC AL T IMIN G IS S U E S:
No critical timing issues are identified.
D.F IN AN C IAL IMPAC T:
The Agreement requires the property owner to cover all costs related to inspection and
maintenance of the storm water system.
The Agreement requires the property owner to reimburse the City for any costs incurred in
performing activities identified as the responsibility of the property owner.
Financial responsibilities of other items varies per the agreement.
E.L E GAL C ON S ID E R AT ION:
The City Attorney was consulted during the negotiations of terms and has reviewed the
agreement.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
The Council may choose to not approve the drafted agreement and instruct staff on how to proceed.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
P laza 66 C &M A greement C ontract/A greement
P laza 66 C &M E xhibit A E xhibit
P laza 66 C &M E xhibit B E xhibit
P laza 66 C &M E xhibit C E xhibit
518080v1 MDT RC160-4 1
CONSTRUCTION AND
MAINTENANCE AGREEMENT
This agreement, made and entered into as of the _______ day of _________, 2018 by and
between _________________________, a _______________ (“Owner”) and the City of
Richfield, Minnesota, a Minnesota municipal corporation (“City”)
Recitals
A. Owner is the owner of a certain tract and parcel of land lying within the City on
land legally described in the attached Exhibit A (“Property”).
B. The Owner has undertaken the construction of buildings and related site
improvements (“Site Improvements”) on the Property.
C. The City has granted approval to Owner to construct a parking lot and related
storm drainage improvements on the Property, which drainage improvements
drain into the public storm sewer system (“Public System”).The storm water
drainage improvements include an underground treatment structure (“Treatment
Structure”), to be constructed by Owner, that will treat storm water before it
enters the Public System. The Treatment Structure is designed to provide rate
control and to reduce pollutants and other particles in the storm water passing
through the Property prior to entry into the Public System. In order for the
Treatment System to function as designed, it must be inspected and cleaned
routinely. The location of the Treatment Structure is depicted on the site plan
attached as Exhibit B.
D. The drainage improvements on the Property also include a surface pond storm
water detention system and outlet control structures (“Detention System”) which
temporarily stores storm water on the Property before delivering it to the Public
System. The Detention System must be inspected and maintained routinely in
order to function as designed.
518080v1 MDT RC160-4 2
E. In conjunction with the construction of the Site Improvements, certain
improvements and betterments (“ Public Area Improvements”) are to be
constructed on portions of the City right-of-way and public easements abutting
the Property (collectively, the “Public Areas”). The Public Area Improvements
are described and located on the site plan attached as Exhibit B.
F. The parties are desirous of entering into this Agreement for the purpose of
providing the basis for the inspection, repair, replacement and maintenance of the
Treatment Structure, Detention System, and the Public Improvements and setting
forth the remedies for failure to comply with the provisions of this Agreement.
Agreement
The parties acknowledge the accuracy of the foregoing recitals which are
incorporated by reference herein and are made a part of this Agreement. For good and
valuable consideration, the receipt and sufficiency of which the parties acknowledge, the
parties agree as follows:
1. Treatment Structure. Design and Construction. The Owner has
constructed and paid for the Treatment Structure.
2. Treatment Structure. Inspection and Cleaning. The Owner shall be
responsible for inspecting and cleaning the Treatment Structure at intervals of not less
than once every 12 months, and more often as requested by either party, in accordance
with the manufacture’s guidelines. The Owner shall provide the City with an annual
report documenting the inspection and maintenance of the Treatment Structure on or
before December 31 of each year.
3. Treatment Structure. Repair and Replacement. The Owner shall be
responsible for the repair or replacement of the Treatment Structure as needed.
4. Detention System. The Owner agrees to perform annual inspection of the
Detention System. Owner agrees to perform any maintenance required as a result of the
annual inspection in accordance with the manufacturer’s guidelines. The Owner shall
provide the City with an annual report documenting the inspection and maintenance of
the Detention System on or before December 31 of each year.
5. Public Area Improvements. Construction, Installation, Maintenance,
Repair and Replacement. The parties agree to undertake the responsibilities for the
construction, installation, maintenance, repair and replacement of the Public Area
Improvements, and the intervals for the doing of such work are all as described in Exhibit
C. The City will have a reasonable time to review and approve, reject or require
modifications to the plans and specifications for all work done within the Public Areas by
Owner. All costs incurred by the City in performing those activities will be reimbursed
518080v1 MDT RC160-4 3
by the Owner within 15 business days following the receipt of an invoice for such
activities. In addition to the foregoing, the City will provide basic snow removal on the
public sidewalks in the Public Areas. If the Owner desires additional removal or
treatment, it may provide these services at its own expense. Any such additional removal
is subject to the requirements of Paragraphs 6 and 8.b. Sidewalk damage, or damage to
adjacent areas, due to the use of heavy equipment, excessive salt/chemical, and/or any
other damage caused by the Owner will be repaired by Owner at the Owner's cost, and be
such work is subject to the provisions of Paragraphs 6 and 8.b., and the cure provisions
contained in Paragraph 8.c.
6. Public Area Improvements. Right of Access. Subject to compliance with
any preconditions contained in the City Code, the City grants to the Owner, its agents and
employees the right to enter onto the Public Areas to perform the work required to be
performed by the Owner pursuant to Paragraph 5. The Owner agrees that it will not
interfere with the public use of the Public Areas. The Owner will notify the City and any
other agency having jurisdiction over, or an interest in, the Public Areas or abutting
streets and highways at least 48 hours in advance of any scheduled work; and will
comply with any requirements of the City or such other agency governing signage and
other regulations governing work in the Public Areas including, without limitation
obtaining any additional permits, licenses or approvals needed for the doing of such
work.
7. Public Area Improvements. Ownership. Exhibit C designates the Public Area
Improvements which are to be constructed by Owner and conveyed to the City following
the City inspection of the work and notification to the Owner that it will accept
conveyance. The conveyance shall be by bill of sale; and will be warranted by Owner to
be free and clear of any liens or encumbrances. Any warranties available as a result of
construction of such Public Area Improvements will be assigned to the City, and, to the
extent available, will be utilized to offset Owner’s maintenance obligations hereunder.
8. Miscellaneous Provisions.
a. Maintenance, repair and replacement obligation. The party having the
maintenance, repair or replacement obligation shall have the affirmative obligation of
assuring the item to which the obligation attaches is always kept in good, safe, operable
and presentable condition; and shall be responsible for determining the present condition
of the item on an ongoing basis; provided, that if the City becomes aware of a condition
in an item for which the Owner is obligated, it shall notify the Owner in writing
whereupon the Owner shall promptly inspect, and as needed, maintain, repair or replace
the item within 30 days of the date of such notification by the City.
b. Insurance, Indemnity. The Owner will, during the term of this
Agreement, maintain coverages from insurance companies and at levels acceptable to the
City, insuring against claims for injury, property damage or death caused by any
activities conducted by Owner, it’s officers, agents or employees within the Public Areas
or caused by the failure of Owner, as obligated hereunder, to properly maintain, repair, or
518080v1 MDT RC160-4 4
replace Public Area Improvements. The Owner also agrees to defend, indemnify, and
hold harmless the City, its officers, agents and employees from any claims or causes of
action occasioned by or arising out of the Owner’s activities or failure to perform
activities under this Agreement. The Owner’s indemnification obligation shall not extend
to claims which are the result of the negligence or the willful misconduct of the City, its
officers, agents or employees.
c. Default. If the either party defaults in any of its obligations hereunder,
after notice of such default and failure to cure within 30 days following such notification,
unless extended upon mutual agreement of the parties, the non- defaulting party may
pursue whatever remedies are available to in at law or in equity. The non- defaulting
party may also terminate this Agreement following such notice and the failure to cure,
except that the Owner’s obligation to construct, repair, maintain and reconstruct the
Treatment Structure and Detention System shall survive such termination. In addition to
such remedies, if the Owner is the defaulting party, and the default relates to activities
within the Public Areas, the City may, after such notice and cure period, perform the
work and recover the entire cost of such work against the Owner through a lien against
the Property to be collected as a special assessment. The Owner agrees and stipulates
that any such work will be for the betterment of the Property, and that the value of the
Property will be increased by at least the cost to the work. The Owner for itself, its
successors and assigns, waives any rights it may have to challenge the amount of the
assessment, and any right to notice and a hearing pursuant to Minnesota Statutes Chapter
429 or other applicable laws. In addition to placing an assessment lien against the
Property, the City may also seek to impose and collect a lien pursuant to Minnesota
Statutes, Section 514.67.
d. Term. Unless earlier terminated as provided in Paragraph 8.c. above, this
Agreement shall remain in full force and effect until terminated by the mutual written
agreement of the parties.
e. Successors and Assigns. This Agreement shall be binding on and inure
to the benefit of the parties hereto and their respective successors and assigns. Owner
will secure the joinder or consent of any holders of liens or encumbrances on the
Property; and certifies and represents to the City that there are no liens or encumbrances
affecting the Property for which consents or waivers have not been obtained.
f. Other Approvals. This Agreement shall not relieve Owner from the need
to obtain all licenses, permits and approvals which are required by the City and other
permitting and licensing authorities to allow for the development of the Property. Nor
shall this Agreement be deemed a waiver of the City’s legislative judgment in
considering the granting of any such licenses, permits or approvals. Additionally, no
structure or improvement which is the subject of this Agreement may be constructed until
any necessary land use approvals and/or variances, if applicable, have first been obtained.
g. No Interest in Land. Neither the provisions nor its recording among the
land records shall be deemed to create any interest of the Owner in the Public Areas; but
518080v1 MDT RC160-4 5
rather shall be construed as merely giving Owner the permission to occupy and utilize the
Public Areas consistent with provisions and limitations of this Agreement.
h. Notices.
City: City of Richfield
6700 Portland Avenue S.
Richfield, MN 55423
Attn: __________________
Owner:
i. Severability. If any provision of this Agreement is invalid or
unenforceable, such provision, if feasible, shall be deemed to be modified to be within
the limits of enforceability or validity; if, however, the offending provision cannot be so
modified, it shall be stricken and all other provisions of this Agreement in all other
respects shall remain valid and enforceable.
j. Entire Agreement, Amendment. This Agreement, including the exhibits,
contains the entire agreement between the parties pertaining to the subject matter hereof
and fully supersedes all prior written or oral agreements and understandings between the
parties pertaining to such subject matter. This Agreement shall not be modified,
amended, supplemented or revised, except by a written document signed by the parties.
k. Exhibits. All exhibits revered to in and attached to this Agreement are
incorporated and made a part of this Agreement.
l. Counterpart Signatures. This Agreement may be executed simultaneously
in two of more counterparts, each of which shall be deemed original, and all of which
shall constitute one and the same instrument.
518080v1 MDT RC160-4 6
Signature Page for City
CITY:
CITY OF RICHFIELD,
A municipal corporation
By: _____________________________
Its Mayor
By: ______________________________
Its City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of _______,
2018, by _____________, the Mayor of the City of Richfield, a Minnesota municipal
corporation, on behalf of the municipal corporation.
_______________________________________
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of _______,
2018, by _____________, the City Manager of the City of Richfield, a Minnesota
municipal corporation, on behalf of the municipal corporation.
_______________________________________
Notary Public
518080v1 MDT RC160-4 7
OWNER:
[Insert signature lines and acknowledgment]
Exhibit A
Legal Description
Lot 1, Block 1, Plaza 66 in Richfield, Hennepin County, Minnesota.
SCALE IN FEET
0 4020
Project
Location
Date Submittal / RevisionNo.
Certification
Sheet Title
Summary
Revision History
Sheet No.Revision
Project No.
By
Designed:Drawn:
Approved:Book / Page:
Phase:Initial Issue:
Client
INTERSTATE
DEVELOPMENT
6390 CARLSON DRIVE
EDEN PRAIRIE, MN 55346
PLAZA 66
RICHFIELD, MN
SW of 66TH ST E AND 17TH AVE S
EAV JMW
EWM
FINAL 10/06/2017
C
20706
I hereby certify that this plan, specification or
report was prepared by me or under my direct
supervision and that I am a duly licensed
professional ENGINEER under the laws of the state
of Minnesota.
If applicable, contact us for a wet signed copy of this
plan which is available upon request at Sambatek's,
Minnetonka, MN office.
Registration No.Date:10/06/201741326
ERIK W. MILLER
10/06/17 JMW Construction Issue
10/10/17 EAV Watermain Shift
C
10/25/17 EAV Rev. Underground System
12/21/17 EAV Const. Bulletin 1 & 2
Dec 21, 2017 - 10:49am - User:evogel L:\PROJECTS\20706\dwg\Civil\Preliminary\20706-C601-UTIL.dwg
C6.01
UTILITY PLAN
TELEPHONE
ELECTRIC
GAS LINE
FORCEMAIN (SAN.)
EASEMENT
WATERMAIN
SANITARY SEWER
EXISTINGPROPOSED
STORM SEWER
CURB & GUTTER
DRAINTILE
D
S S
SLS
LEGEND UTILITY CONSTRUCTION NOTES
STORM SEWER STRUCTURE SCHEDULE
NUMBER TYPE CASTING*
STMH 1 STORM MANHOLE R-1642
STMH 2 STORM MANHOLE R-1642
CB 3 CATCH BASIN R-3067
CB 4 CATCH BASIN R-3067
CBMH 5 CATCH BASIN MANHOLE R-3067
*INDICATES NEENAH FOUNDRY CASTING NO., OR APPROVED EQUAL
NOTE: CONTRACTOR AND THEIR SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER
REQUIRED FOR EACH STORM SEWER STRUCTURE.
THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED
ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING
SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING
UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE
CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY
HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD).
IF THE CONTRACTOR ENCOUNTERS ANY DRAIN TILE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE,
INVERT AND IF THE TILE LINE IS ACTIVE. NO DRAIN TILE SHALL BE BACKFILLED WITHOUT APPROVAL FROM THE PROJECT ENGINEER.
IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED
IMPROVEMENTS SHOWN ON THE PLANS.
1.THE UTILITY IMPROVEMENTS FOR THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE
"STANDARD UTILITIES SPECIFICATIONS" AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF
MINNESOTA (CEAM), EXCEPT AS MODIFIED HEREIN. CONTRACTOR SHALL OBTAIN A COPY OF THESE
SPECIFICATIONS.
1.1.ALL UTILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY REQUIREMENTS.
1.2.CONTRACTOR SHALL NOT OPEN, TURN OFF, INTERFERE WITH, OR ATTACH ANY PIPE OR HOSE TO
OR TAP WATERMAIN BELONGING TO THE CITY UNLESS DULY AUTHORIZED TO DO SO BY THE CITY.
ANY ADVERSE CONSEQUENCES OF ANY SCHEDULED OR UNSCHEDULED DISRUPTIONS OF SERVICE
TO THE PUBLIC ARE THE LIABILITY OF CONTRACTOR.
1.3.A MINIMUM VERTICAL SEPARATION OF 18 INCHES AND HORIZONTAL SEPARATION OF 10-FEET
BETWEEN OUTSIDE PIPE DIAMETERS IS REQUIRED AT ALL WATERMAIN AND SEWER MAIN
(BUILDING, STORM AND SANITARY) CROSSINGS.
2.ALL MATERIALS SHALL BE AS SPECIFIED IN CEAM SPECIFICATIONS EXCEPT AS MODIFIED HEREIN.
2.1.ALL MATERIALS SHALL COMPLY WITH THE REQUIREMENTS OF THE CITY.
2.2.ALL SANITARY SEWER TO BE PVC SDR-35, UNLESS NOTED OTHERWISE.
2.2.1.ALL SANITARY SEWER SERVICES TO BUILDING SHALL BE PVC SCH 40 CONFORMING TO
ASTM D2665.
2.3.ALL WATERMAIN TO BE DUCTILE IRON - CLASS 52, UNLESS NOTED OTHERWISE.
2.3.1.ALL WATERMAIN TO HAVE 7.5-FEET OF COVER OVER TOP OF WATERMAIN.
2.3.2.PROVIDE THRUST BLOCKING AND MECHANICAL JOINT RESTRAINTS ON ALL WATERMAIN
JOINTS PER CITY STANDARDS.
2.4.ALL STORM SEWER PIPE TO BE SMOOTH INTERIOR DUAL WALL HDPE PIPE WITH WATER TIGHT
GASKETS, UNLESS NOTED OTHERWISE.
2.4.1.ALL STORM SEWER PIPE FOR ROOF DRAIN SERVICES TO BUILDING SHALL BE PVC SCH 40
CONFORMING TO ASTM D2665.
2.5.RIP RAP SHALL BE Mn/DOT CLASS 3.
3.COORDINATE ALL BUILDING SERVICE CONNECTION LOCATIONS AND INVERT ELEVATIONS WITH
MECHANICAL CONTRACTOR PRIOR TO CONSTRUCTION.
4.ALL BUILDING SERVICE CONNECTIONS (STORM, SANITARY, WATER) WITH FIVE FEET OR LESS COVER ARE
TO BE INSULATED FROM BUILDING TO POINT WHERE 5-FEET OF COVER IS ACHIEVED.
5.CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT
PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONTRACTOR WILL BE HELD SOLELY
RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE
CONSTRUCTION PHASES OF THIS PROJECT.
6.SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION
PRACTICES, CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB
SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS
REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE
DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF CONTRACTOR'S
PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF CONTRACTOR'S SAFETY
MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE.
7.ALL AREAS OUTSIDE THE PROPERTY BOUNDARIES THAT ARE DISTURBED BY UTILITY CONSTRUCTION
SHALL BE RESTORED IN KIND. SODDED AREAS SHALL BE RESTORED WITH 6 INCHES OF TOPSOIL PLACED
BENEATH THE SOD.
8.CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES
SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE
MOVEMENT OF TRAFFIC WHERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO
APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS.
9.ALL SOILS TESTING SHALL BE COMPLETED BY AN INDEPENDENT SOILS ENGINEER. EXCAVATION FOR THE
PURPOSE OF REMOVING UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE
SOILS ENGINEER. THE UTILITY BACKFILL CONSTRUCTION SHALL COMPLY WITH THE REQUIREMENTS OF
THE SOILS ENGINEER. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOILS
TESTS AND SOIL INSPECTIONS WITH THE SOILS ENGINEER.
A GEOTECHNICAL ENGINEERING REPORT HAS BEEN COMPLETED BY:
COMPANY: AMERICAN ENGINEERING AND TESTING, INC
ADDRESS: 550 CLEVELAND AVE N, ST PAUL, MN 55114
PHONE: 651-659-9001
DATED: 05-19-2017
CONTRACTOR SHALL OBTAIN A COPY OF THIS SOILS REPORT.
10.CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR MANHOLE AND CATCH BASIN STRUCTURES TO
ENGINEER. CONTRACTOR SHALL ALLOW 5 WORKING DAYS FOR SHOP DRAWING REVIEW.
11.CONTRACTOR AND MATERIAL SUPPLIER SHALL DETERMINE THE MINIMUM DIAMETER REQUIRED FOR
EACH STORM SEWER STRUCTURE.
12.COORDINATE WITH CITY OF RICHFIELD TO MAINTAIN ADEQUATE COVER OVER EXISTING WATERMAIN &
SANITARY SEWER LINES WITHIN AREAS OF DISTURBANCE.
13.COORDINATE WITH GAS COMPANY TO MAINTAIN ADEQUATE COVER OVER EXISTING GAS MAIN WITHIN
AREAS OF DISTURBANCE.
B
C
C
C
C
Exhibit C
1601 E 66th St – Plaza 66
Utility and Public Area Improvements
Public Area
Feature
Ownership Maintenance, Repair,
Replacement
Responsibility
Responsible for the
Cost of Operation &
Maintenance
Inspection &
Maintenance Cycle
Sidewalk (Public ROW
& Easement Area)*
City City City Annually
66th Street Sidewalk
Snow Removal
City See Paragraph 5 See Paragraph 5 As needed
16th Avenue Sidewalk
Snow Removal
City Owner Owner As needed
Patio and Sidewalk
Extensions Within ROW
Owner Owner Owner As needed
Landscaping Owner Owner Owner As needed
Private Irrigation Owner Owner Owner As needed
Public Utilities (Storm,
Sewer, Water)
City City City As needed
Storm Water
(Treatment Structure
and Detention System)
Owner Owner Owner Annually (report to
be submitted to
City)
Pedestrian Sidewalk
Lighting
City City City As needed
Street Lights City City City As needed
Boulevard Trees City City City As needed
Regional Trail (Richfield
Parkway)
Three Rivers
Park District
(TRPD)
City/TRPD City/TRPD As needed
* - Note: The sidewalk constructed within the project property is NOT located within a Public Area, is
not public sidewalk, and is not subject to this agreement.
AGENDA SECTION:Special Meeting Items
AGENDA ITEM #3.
STAFF RE P ORT NO. 130
CIT Y COUNCIL ME E T ING
8/2/2018
RE P O RT P RE PA RE D B Y: Jared Voto, E xecutive A ide/A nalyst
D E PA RTME NT D IRE C TO R RE V IE W: S teven L . D evich, C ity Manager
7/25/2018
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
7/25/2018
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Interviews of executive search firms (Hue Life and The Mercer Group) and consideration of the hiring
of an executive search firm to complete recruitment of a City Manager.
E X E C UT IV E S UM M ARY:
On J uly 10 and J uly 16, 2018, the City Council reviewed proposals from six executive search firms. The
Council narrowed the pool down to two firms to be interviewed on August 2. I t is anticipated that each firm will
make a presentation and stand for questions independent of the other firm. Each of those presentation and
question segments will likely be in the 30 to 45 minute range. Council Members should be familiar with the
materials that each of the firms presented in their initial proposal and be prepared to follow up on any
information that you may wish to clarify or want additional details on, if not provided in the materials or the
presentation.
After the interviews, the City Council should discuss the proposals and select a firm to hire to complete the
recruitment of a new City Manager.
RE C O M M E ND E D AC T I O N:
By motion: Approve the hiring of an executive search firm to complete recruitment of a City Manager.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
I nformation is contained in the Executive Summary.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G IS S U E S:
Selection of an executive search firm will allow the recruitment process to begin and be completed
prior to the current City Manager's retirement on November 30, 2018.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION:
None
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Hue Life and The Mercer Group