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07-23-2019 Regular AgendaREGULAR CITY COUNCIL MEETING RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS J U LY 23, 2019 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Pledge ofAllegiance Approval of the Minutes of the: (1) Special Concurrent City Council and Planning Work Session of June 25, 2019 and (2) Regular City Council meeting of June 25, 2019. COUNCIL DISCUSSION Hats Off to Hometown Hits AGENDAAPPROVAL 2. Approval of the Agenda 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. Consideration of a resolution authorizing negative declaration on the need for an Environmental Impact Statement (EIS) for the 77th Street Underpass Project and approval of distribution of the Notice of Decision documenting this decision. Staff Report No. 85 B. Consideration of the approval of accepting the quotation of $225,000 to replace play equipment at Jefferson, Nicollet, and Taft Parks from Northland Recreation and authorize the Recreation Services Director to execute the quotation. Staff Report No. 86 C. Consideration of the approval of the continuation of an agreement with the City of Bloomington for the provision of food, pools and lodging inspection services for Richfield for 2020. Staff Report No. 87 D. Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the Church of the Assumption, located at 305 77th Street East, for their annual festival taking place August 17-18, 2019. Staff Report No. 88 E. Consideration of the approval of a two-year use and indemnification agreement between the City of Richfield and Tom Price for the use of a 4,690 square -foot strip of land along the edge of Lincoln Field. Staff Report No. 89 Consideration of the adoption of a resolution authorizing the purchase of three temporary construction easements and three permanent right-of-way easements at 6999 Lyndale Ave S, 6645 Lyndale Ave S and 6749 Lyndale Ave S as related to the Lyndale Ave Reconstruction Project. Staff Report No. 90 G. Consideration of the termination of the Marketing License Agreement between the City of Richfield, Minnesota, and Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America. Staff Report No. 91 4. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 5. Public Hearing and consideration of the revocation of Empire Tobacco LLC business license for violations of Richfield City Code and Minnesota Statute 144.414. Staff Report No. 92 CITY MANAGER'S REPORT 6. City Manager's Report CLAIMS AND PAYROLLS 7. Claims and Payrolls Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. 8. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Concurrent City Council and Planning Commission Work Session June 25, 2019 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. in the Bartholomew Room. Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia (arrived late); Mary Supple; Present: and Simon Trautmann Council Members Ben Whalen Absent: Planning Commission Kathryn Quam; James Rudolph; Susan Rosenberg; Bryan Pynn; Peter Lavin; Members Present: and Sean Hayford Oleary Planning Commission Allysen Hoberg, Chair Members Absent: Staff Present: Pam Dmytrenko, Administrative Services Director/Assistant City Manager; Kristin Asher, Public Works Director; and John Stark, Community Development Director Item #1 1-494 ACCESS RECONFIGURATION MARKET IMPACT EVALUATION Mayor Regan Gonzalez introduced Public Works Director Asher who gave a brief overview of the 1-494 access reconfiguration as proposed by MnDOT and announced a market impact evaluation done by Jon Commers and Carly Anderson of Visble City. Mr. Commers presented the information that they gleaned from their study which was mainly positive. Nick Brenner from Menards shared comments about the proposed access reconfiguration and how it may affect their business. There was overall discussion on the topic from the Planning Commission, City Council, and City Staff their thoughts of how it may affect the residents and commercial businesses along with the want for more information on the study in the form of a memorandum including feedback to express the comparable views and what the impact of the reconfiguration could be without the 77 underpass being completed. Mayor Regan Gonzalez asked about the timeline for the project which Director Asher stated that MnDOT will be back for more questions and statements in hopefully August. Director Asher explained the noise wall process if the residents want a noise wall implemented to which Council Member Garcia stated her concerns in blocking the businesses along 494. Concurrent Council and Planning Commission Work Session Minutes -2- June 25, 2019 Mayor Regan Gonzalez and Commissioner Quam expressed the need to finish the 77 underpass before the reconfiguration happens and asked about the timeline for the project which is slated to start construction in 2021 pending funding and help from MnDOT. ADJOURNMENT The work session was adjourned by unanimous consent at 6:54 p.m. Date Approved: July 23, 2019 Kari Sinning Deputy City Clerk Maria Regan Gonzalez Mayor Katie Rodriguez City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting June 25, 2019 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council Chambers. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Edwina Garcia; and Simon Present: Trautmann Council Members Ben Whalen Absent: Staff Present: Pam Dmytrenko, Administrative Services Director/Assistant City Manager and Mary Tietjen, City Attorney. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance. APPROVAL OF MINUTES M/Trautmann, S/Supple to approve the minutes of the: (1) Special City Council work session of June 10, 2019; (2) Special City Council work session of June 11, 2019; and (3) Regular City Council meetina of June 11. 2019. Motion carried 4-0. Item #1 PROCLAMATION DECLARING JULY 2019 AS AMERICANS WITH DISABILITIES AWARENESS MONTH IN THE CITY OF RICHFIELD Human Rights Commissioner Michele Thompson joined Mayor Regan Gonzalez in reading the proclamation. Mayor Regan Gonzalez proclaimed the month of July 2019 as Americans with Disabilities Awareness Month. Council Meeting Minutes -2- June 25, 2019 Council Member Garcia recognized Judy Moe and her work with RDAP (Richfield Disability Advocacy Partnership) which is an organization that helps make the City more assessable to persons with disabilities. Council Member Supple also stated the next meeting of RDAP. Mayor Regan Gonzalez shared that RDAP will hopefully be compensated for their work because they applied for a grant that is focused on assessing accessibility across the community. The Mayor also wanted to recognize City Staff for the work they do with RDAP to make everything more accessible. Item #2 COUNCIL DISCUSSION Hats Off to Hometown Hits Council Member Supple shared that the Richfield Arts Commission and Crossroads Panorama are co -hosting an event to be held on July 131" from 9-11 a.m. at the Bandshell for the twenty sidewalk poems that will be sandblasted along 6611 Street. She also wanted to bring attention to the Richfield Water Quality Report that she received in the mail and thank those that put it together. Council Member Supple also reminded residents to not make assumptions about the state of neighbor's yards but to extend a helping hand to those that may need help. Council Member Trautmann mentioned the upcoming Red, White and Blue Days and extended a special thanks to the Committee and volunteers. He also reminded residents of the kid's camps available at Woodlake Nature Center. Council Member Garcia reminded the residents of the parade route for Red, White and Blue Days. She also shared that she and Mayor Regan Gonzalez went to a Women Winning Celebration in downtown Minneapolis that celebrates women in local government offices and their supporters. This celebration highlighted Mayor Regan Gonzalez who also gave a speech for the event. Mayor Regan Gonzalez thanked Council Member Garcia for her support. Mayor Regan Gonzalez promoted the Round Up program for the Richfield Municipal Liquor stores which raises money for an all-inclusive park for families and children regardless of disabilities. Mayor Regan Gonzalez and Council Member Trautmann attended the Law Enforcement Torch Run to raise funds for Special Olympics and recognized the Police Department for their contributions. Mayor Regan Gonzalez also mentioned the deadline to sign up for the Urban Wildland Half Marathon and 5K. She also mentioned her involvement in Urban Land Institutes Ready Program which is centered on women and community members of color to learn about Community Development. Item #3 APPROVAL OF THE AGENDA M/Garcia, S/Trautmann to approve the agenda. Motion carried 4-0. Item #4 CONSENT CALENDAR Council Meeting Minutes -3- June 25, 2019 Administrative Services Director/Assistant City Manager Pam Dmytrenko presented the consent calendar. A. Consider adoption of a resolution granting a subdivision waiver for property owned by Mount Calvary Church. (S.R. No. 83) RESOLUTION NO. 11635 AUTHORIZING A SUBDIVISION WAIVER FOR OUTLOT B, CEDAR POINT COMMONS M/Trautmann, S/Supple to approve the consent calendar. Motion carried 4-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. PUBLIC HEARING AND CONSIDER APPROVAL OF A NEW ON SALE WINE Item #6 AND 3.2 PERCENT MALT LIQUOR LICENSES FOR LOS SANCHEZ TAQUERIA ILL, LLC D/B/A LOS SANCHEZ TAQUERIA LOCATED AT 2 WEST 66TH STREET. (S.R. NO. 84) Council Member Garcia presented Staff Report No. 84 and opened the public hearing. The General Manger of Los Sanchez Taqueria, Santiago, spoke during the public hearing with a translator. Council Member Garcia mentioned that she loves their deserts which she stated in Spanish and in English. M/Garcia, S/Trautmann to close the public hearing. Motion carried 4-0. M/Garcia, S/Supple to approve the issuance of new On Sale Wine and 3.2 Percent Malt Liquor licenses for Los Sanchez Taqueria II, LLC d/b/a Los Sanchez Taqueria located at 2 West 66th Street. Motion carried 4-0. Item #7 CITY MANAGER'S REPORT Administrative Services Director/Assistant City Manager Pam Dmytrenko had nothing to report but wished the Council a Happy 4' of July. Item #8 CLAIMS AND PAYROLLS Council Meeting Minutes -4- June 25, 2019 M/Garcia, S/Supple that the following claims and payrolls be approved: U.S. Bank 06/25/19 A/P Checks: 278338 - 278719 $ 5,581,128.94 Payroll: 146188 - 146560 ; 43050 698,426.73 TOTAL $ 6,279,555.67 Motion carried 4-0. OPEN FORUM None. Item #9 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:21 p.m. Date Approved: July 23, 2019 Kari Sinning Deputy City Clerk Maria Regan Gonzalez Mayor Katie Rodriguez City Manager REPORT PREPARED BY: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.A. STAFF REPORT NO.85 CITY COUNCIL MEETING 7/23/2019 Scott Kulzer, Administrative/Aide Analyst DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: 7/11 /2019 N/A Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing negative declaration on the need for an Environmental Impact Statement (EIS) for the 77th Street Underpass Project and approval of distribution of the Notice of Decision documenting this decision. EXECUTIVE SUMMARY: As part of the 77th Street Underpass Project, an Environmental Assessment (EA) and Section 4(f) Evaluation has been prepared as part of the National Environmental Policy Act review process to fulfill the requirements of 42 U.S.C. 4332 and has been circulated for review and comment. Before the 77th Street Underpass EA Update and Request for Finding of No Significant Impact can be submitted for official Minnesota Department of Transportation and Federal Highway Administration Review, the Richfield City Council must formally authorize the Negative Declaration on the Need for an EIS. RECOMMENDED ACTION: By motion: Adopt a resolution authorizing negative declaration on the need for an Environmental Impact Statement (EIS) for the the 77th Street Underpass Project and approval of distribution of the Notice of Decision documenting this decision. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Based on the information contained in the 77th Street EA and Section 4(f) Evaluation and comments received on the EA and Section 4(f) it has been determined: • The type and extent of environmental effects are similar to effects associated with other road construction projects, and the project does not have the potential for significant environmental effects. • No cumulative potential effects of related or anticipated future projects exist that would pose significant environmental effects. • The anticipated environmental effects are subject to mitigation as required by ongoing regulatory authorities. • The extent of environmental effects can be anticipated and controlled as a result of experience with other similar highway improvement projects with similar environmental effects. In light of the above findings, none of the reviewing regulatory agencies indicated a need for an EIS and based on the criteria in Minnesota Rule 4410.1700 the project does not have significant environmental impact effects. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • 42 U.S.C. 4332 required the preparation of an EA and Section 4(f) Evaluation as part of the National Environmental Policy Act review process. • Minnesota Rule 4410.1700 governs the decision on the need for an EIS. C. CRITICALTIMING ISSUES: • City Council must authorize the submission of the EA Update and Request for Finding of No Significant Impact for the project prior to submittal to MnDOT and the FHWA. D. FINANCIAL IMPACT: • None. E. LEGAL CONSIDERATION: • See Policies section. ALTERNATIVE RECOMMENDATION . • None. PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ EA Update and Request for Negative Declaration Backup Material ❑ Negative Declaration Resolution Resolution Letter STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION and City of Richfield ENVIRONMENTAL ASSESSMENT UPDATE Ft REQUEST FOR FINDING OF NO SIGNIFICANT IMPACT for SP 2758-82, SP 157-108-035, and SP 157-594-003 Minn Proj. No. STPF 2719(097) 77th Street East From: Bloomington Avenue To: Longfellow Avenue (includes 78th Street and Old Cedar Avenue) Trunk Highway (TH) 77 From: 600 feet north of Interstate (1) 494 To: 810 feet north of 1-494 (includes Ramps 1 H and 1 G) In the City of: Richfield, In the County of: Hennepin PROPOSED IMPROVEMENT: Construction of 0.36 mile of a new four -lane road connecting 77th Street to Longfellow Avenue; construction of new bridges carrying TH 77 (Bridge #27R37 and #27R38) and ramps for TH 77 and 1-494 (Bridge #27R35 and #27R36); reconstruction of Ramps 1 H and 1 G; construction of Richfield Parkway; and construction of a multiuse trail and sidewalk. Recommended: City of Richfield Engineer/Public Works Director Date Reviewed and Recommended: District State Aid Engineer Approved: Date State Aid Engineer Date State Aid for Local Transportation N � Iv\ 1 I � f 9 i Kittson \ Roseau I\ �t I Lake of I the Woods I i Marshall L_—_----- _----- I I Koochiching Pennington 4 I I I j--------_,I ` Beltrami Cook I_-, Red Lake i Polk -----J I i Lake Clearwater I I St. Louis I I r--------_ I i ' , Itasca I Norman I Mahnomen I i i �. j{ _ ( I I I —1 Hubbard I Cass 1 Clay I— Becker I Crow Wing I i Wadena' Y J Aitkin Carlton I � I Wilkin ' Otter Tail Y I i Mille- I I — i-------� Todd i L------I Lacs i ---� Pine I1 I I Morrison I i I rf Grant 1 I ` Douglas I Kanabec r�ry I Traverse I-- —i -------�---------� Benton I I ----i---j/ �_—____; Stevens Pope �I Big Stone I I I Stearns �y-------i Isanti—I ^� L— — — --� I Sherburne IChisago. \ — i ---- �� \ �-----� J Swift I I-, `/ \ "ll Anoka I - Project Location -------- -, Kandiyohi I Meeker i Wright J I 5 r--Washington ' Chippewa I '' Lac Qui Parle 11 i I i ---- --j Hennepin Ramsey Yellow .1 I McLeod i Carver rl.....` I Medicine �I Renville I —I J_—_ f Y Scott 1 Dakota F`l I I J "•. Sibley t Lincoln I Lyon I Redwood I i I Goodhue I I Iy Nicollet jLe Sueurl RiceF J \ -J f I I Wabasha Brown I----- — --- I t I IL --I------1 I IPipestone Murray I Cottonwood I Watonwan 1 Blue Earth i Waseca I Steele i Dodge Olmsted Winona I I � Rock I Nobles I Jackson I Martin i Faribault Freeborn 'I Mower Fillmore Houston L----IL- — - — - — - --- I--------�-------1--------L-------1------- I'-------- -----' 0 50 Miles Figure 1: State Map 77th Street Extension and TH 77 Underpass ' A Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 O o 66TH STEE REET EASTM�� LU UJ E L MEE > o EEC aTmm mmmmmmll LU> ❑❑� �❑❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑�Q W� z O Z� Z LU iD 90 ❑ ❑ o' C�o�❑❑C� ao o�❑❑❑❑❑❑Cod❑❑❑❑❑ �❑❑❑❑❑❑ ® ❑ m w o D m JIM 1:11❑CWTEET]. WCC❑CC�� L Minneapolis -St. Paul a International Airport > z MEC� ❑❑❑F"'IMME❑Cz�❑❑❑❑❑❑Ca�� ❑ Metro Transit c n South Garageo�n a❑ ZInnn z a 76TH'STREET EAST 77TH STREET EAST 77TH STREET n �� —■ �� D� �� 78TH STREET NORT� '41RPORT-L,gNE ..�• • AMERICAWBOULEVARRD;EAS \�1 Project Location Regional Trail }h N w z UJ Q LINDAU MSP Airport Sidewalk ❑❑❑❑❑❑❑❑❑❑❑❑ , . �MINNEsprg �C _ __ r Washington Park TTn E JE E E E Figure 2: Project Area lip 77th Street Extension and TH 77 Underpass N Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 0 1,500 Feet i = Z o Project Elements a O 74TH STREET EAST I r"'""`s°'"O^ N m New Bridge W � z \ z x x Project Location a o oi < Minneapolis- St. Paul x x cn w z International Airport Existing Regional Trails F W W I C 3 Ln > > > m MSP Airport Sidewalk y W W M R =75TH STREET --EAST w= a Q y C Township -Range -Section Line W _' End SP 2758-82 r City Boundary = > T-28 d -----� a R-24 S-36 a 40 T-2s o R-24 S-35 End SP 157-108-035 01 I�cWi SP 157-594-0031. -76TH'STREET EAST Y 1 fx o jp Start SP 157-108-035 wasPa'kton w ►� l NSTRFFT y IW SP 157-594-003 U. m (z iY ) �� Bridge m J�I �Q�77_TH STREET�EAST � i #27R36 O Im Bridge C�Q, Bridge Ir #27R35 Q-P #27R38 AIRPORT-L-ANE Bridge 1 78TWSTREET- NORTH #27R37 78TH'ISTREETiEAST -- ----—'�—"--------_"`-`—'—r—.--._-- t Q ort SP 2758-82 Metro Transit N \\ m South Garage W _ 1 z o: W j. 1 [ e 1 Q T-27 R-24 S-1 z y. 1 T-27_ R-24 S-2 z Ld O � AMERICAN .BOULEVARD EAST ♦-♦.- z ' ' ♦, > 2 O Q ♦ F O ♦ N 00 m Q • 80TH STREET EAST W W N , Figure 3a: Project Location 77th Street Extension and TH 77 Underpass Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 0 600 :3 Feet 7. Project Elements T O 74TH STREET E S Jr.""s°O^ m New Bridge - r Project Location > • ? _ D G. Existing Regional Trails Q N • F O O l i Mz r = w w : 1 c m MSP Airport Sidewalk y w w 75TH STREET EAST ru Q Q Township -Range -Section Line 2 z Q r z IL i City Boundary N 2 > LU w r M T-Ss z r a w — 76THSTREETt EAST _ o _ Start SP 157-108-035 — Washingtonl j j SP 157-594-003 G) 0 . 5 _- ; -77TH STREET EAST �F'`'�~ _ • ti Bridge Bridge '_ _ `" •' #27R35 ��Q #27R38 w+ 'I -�. i •.. Bridge 41W 78TH STREET NORTH s'� #27R37 �78TH STREET EAST_-_—_ — — -.., .. �� .... � .•}'� .'�y�, � ( it t ■_ 4r. •.rye •.+�-• 27 R=24'S=2" _ gMERICAN BOULEVARD EAST9? roo 1 ..N 1 �� •-.Ls 4 _ i W, 80TH'STREET EAST + R The urbe^ ISe nlpfnwn Bridge #27R36 End SP 2758-82 End SP 157-108-035 - SP 157-594-003 , T-28 - T R-24 S-36 w v T m 1 S, ySTRFFT m 3 W" AIRPORT LANE Start SP 2758-82 0 Metro Transit gjIL South Garage T_27i R-24_S_1=; Z? tr - _ Ulm i'ri 3 r N Figure 3b: Project Location - Aerial Map 77th Street Extension and TH 77 Underpass Richfield, MN I SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 0 600 :3 Feet I. OPENING STATEMENT This Environmental Assessment Update provides for new information regarding the action, environmental issues, and mitigation measures since the approval of the EA on March 4, 2019, documents the public and agency involvement process, includes a statement that an EIS is not necessary, and requests a Finding of No Significant Impact (FONSI) by the FHWA. II. PROPOSED ACTION There are no changes to the proposed action since the EA was approved. Figures 4 in Appendix A show the proposed improvements. While there were no changes to the proposed action since the EA was approved, it was noted by the Met Council (Section VI) that the project provided several transit -related benefits that were not communicated in the EA and should be incorporated into this document. The additional transit -related benefits include: ■ Shorter deadhead trips to/from Metro Transit's South Garage (located just east of the project and shown in Figures 2 through 4) from points west will reduce time and therefore, bus operation cost in many cases. ■ The ability to reroute two daily cross-town bus lines, #515 and #540, to follow the new segment of 77th Street will: o Increase bus service substantially to the southeast corner of the city of Richfield (an area highlighted as having a concentration of EJ populations) o Improve the efficiency of operations at Metro Transit's South Garage by reducing deadhead time, allowing operators to relieve other operators at the garage. III. SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACTS The following summarizes new information/findings/determinations to the anticipated impacts not presented in the EA. Section 4(f)/6(f) Three Rivers Park District had been requested to provide a letter concurring that impacts to the Nokomis -Minnesota River Regional Trail (formerly known as the Intercity Regional Trail) would be a temporary occupancy at the time of the EA distribution. The trail is located along Cedar Avenue South north of 76th Street. The trail is within MnDOT right of way but is operated and owned by Three Rivers Park District. Construction of a proposed noise wall will require temporary occupancy and closure of the trail segment between 75th and 76th Streets as shown in Figure 5. Since the EA was approved, a letter of agreement has been received from Three Rivers Park District that the impact is a temporary occupancy. The letter is included in Appendix B. SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 6 of 25 Environmental Assessment Update June 2019 The Section 4f de minimis request for Washington Park was distributed for public reviewed and comment as part of the EA distribution. Comments were received from the U.S. Environmental Protection Agency (Section VI) regarding the park, but they were not directed as Section 4f impacts or mitigation. National Historic Preservation Act No change. Endangered Species No change. Right of Way No change. Farmland Protection Policy Act No change. Air Quality No change. Noise The project is classified as a Type 1 project under FHWA noise regulation 23 CFR 772 and an evaluation of noise impacts was conducted. State noise standards apply only to properties along TH 77 and 1-494 because city roadways are exempt from state noise standards. Because federal funding will be used for the project, federal noise criteria apply to all roadways. Under the Existing, 2038 No -Build, and 2038 Build scenarios studied, noise levels in the project area approach or exceed federal and/or exceed state standards at each of the modeled commercial and residential receptor sites. Twelve of the 16 trail receptor sites exceed at least one of the federal and/or MPCA standards under the 2038 Build scenario. Figure 6 shows the locations of the noise monitoring locations and receptors studied. Because the federal criteria and/or state standards would be exceeded at many of the modeled residential, commercial, and trail receptor sites, an evaluation of the reasonableness and feasibility of noise mitigation measures was conducted. Five locations for noise barriers were analyzed. Four of the barriers would not reduce noise by 5 dBA at any receptor and, therefore, do not meet the requirements for feasibility (i.e., no receptors would be considered benefited receptors for these barriers). One barrier analyzed (Barrier D) met feasibility and reasonableness requirements. Barrier D would be an 840-foot- long, 20-foot-high noise barrier located between Old Cedar Avenue South and Ramp 1 H (the southbound TH 77 to westbound 1-494 ramp) and extending north from the 77th Street extension toward 75th Street as shown in Figure 6. Input from property owners and residents benefitting from the proposed wall SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 7 of 25 Environmental Assessment Update June 2019 was gathered through an open house meeting and a voting process. Information about potential Barrier D was sent to benefited property owners and residents in advance of the noise barrier meeting in accordance with MnDOT and federal guidelines. An open house meeting was held on November 8, 2018 at Centennial Elementary School. The first round of voting concluded on November 23, 2018 without achieving the 50 percent of all possible voting points required to determine whether the noise barrier would be constructed. Therefore, a second round of voting was required, and was in progress at the time of the EA distribution. Subsequently, the second round of voting was completed. In total, 58 percent of all possible voting points were received between the first and second rounds of voting. Over 95 percent of voting points were in support of constructing the proposed noise barrier, therefore the proposed noise wall (Barrier D) will be constructed as part of the project. Communication materials, an example of the ballots sent from the City of Richfield to owners/residents, and full voting results are included in Appendix C. Section 404 No change. Wetlands No change. Floodplain No change. Environmental Justice No change. IV. PROPOSED MITIGATION The following summarizes changes to proposed mitigation actions. Section 4(f)/6(f) As noted above, Three Rivers Park District has indicated their support for temporary occupancy of the Nokomis -Minnesota River Regional Trail/Intercity Regional Trail to allow for construction of a noise wall as part of the proposed project. Because construction of the noise wall will impact the trail, it will be returned to its pre -construction condition or better before reopening to the public. The duration of the temporary occupancy and associated trail closure will be less than the time needed for construction of the project. During the closure, trail users will shift to either the sidewalk on the west side of Cedar Avenue South or use the roadway depending on their experience and comfort level. Cedar Avenue South is a low -speed roadway with a traffic volume of approximately 2,000 vehicles a day. SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 8 of 25 Environmental Assessment Update June 2019 The Section 4f de minimis request for Washington Park was distributed for public reviewed and comment as part of the EA distribution. Comments were received from the U.S. Environmental Protection Agency (Section VI) regarding the park, but they were not directed as Section 4f impacts or mitigation. Mitigation has not been modified. Noise As noted above, a noise study indicated that federal criteria and/or state standards would be exceeded at many of the modeled residential, commercial, and trail receptor sites. Therefore, an evaluation of the reasonableness and feasibility of noise mitigation measures was conducted. One of the five noise barriers analyzed met the applicable criteria. Identified as Barrier D in the analysis, the wall will be 840 feet long and 20 feet high. It is located along the southbound lanes of TH 77 north of the 77th Street Extension as shown in Figure 6. Based on the public input received through the voting process as described above, Barrier D will be constructed as part of the project. V. PUBLIC HEARING REQUIREMENTS A legal notice documenting the availability of the EA and Section 4(f) Evaluation was published in the Sun Current newspaper (official newspaper for the City of Richfield) on April 4th and April 18th. An Opportunity for a Public Hearing was also advertised as part of the notices. No requests for a public hearing were received, therefore a public hearing was not held. Appendix D contains the Affidavit of Publication for the legal notices as well as the Certificate of Compliance. VI. COMMENTS AND RESPONSES TO AGENCY COMMENTS The EA and Section 4(f) Evaluation was made available to reviewing agencies and the public. Letters from the Metropolitan Council, MnDOT, MPCA, and U.S. EPA were received during the comment period. A copy of the comments received and responses to each is included on the following pages. No written or verbal comments from citizens were received during the comment period. Copies of the letters received are included in Appendix E. Appendix F contains the EA distribution list. SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 9 of 25 Environmental Assessment Update June 2019 Metropolitan Council (1) May 1, 2019 Mr. Jeff Pearson, PE City Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE; 77' Street Extension Environmental Assessment (EA) City of Richfield, MN Metropolitan Council Review No,. 22245-1 Metropolitan Council District 5 Dear Mr. Pearson: The Metropolitan Council received the EA for the 7714 Street extension to Longfellow Avenue, new bridges, ramp reconstructions, and construction of Richfield Parkway and multi -use trails on April 4, 2019. Council staff has conducted a review of this EA to determine its adequacy and accuracy in addressing regional concerns and the potential for significant environmental impact. Staff have concluded that the EA is complete and accurate and an Environmental Impact Statement (EIS) is not necessary. Counc9l staff offer the following comments for your consideration Item Vl.a — Section 4(f) of the Transportation Act of 1966 (Colin Kelly, 651-602-1361) The EA acknowledges the project's proximity to the existing Nokomis -Minnesota River Regional Trail (formerly the Intercity Regional Trail) and a planned segment of the Nine Mile Creek Regional Trail in the "Secondary Need: Walkabiiity(Bikeability" section on pages 11-12: details potential temporary impacts to the Nokomis -Minnesota River Regional Trail (formerly the 1 Intercity Regional Trail) in the "Social, Economic and Environmental (SEE) Impacts" section, "Intercity Regional Trail — Section 4(f) Temporary Occupancy" subsection on pages 21-23; includes a map of the Nine Mile Creek Regional Trail, Bloomington segment (Attachment A, Figure 11) operated by the Three Rivers Park District; and includes a map of Proposed Improvements (Attachment A, Figure 13), which depicts a new bicycle and pedestrian trail under TH 77 generally following the planned Nine Mile Creek Regional Trail corridor along 77th Street. Existing and planned Regional Parks System components are acknowledged, considered and planned for in the project area, and no permanent, adverse impacts are expected, Item VLf— Right of Way (Russ Owen, 651-602-1724) 2 MnPASS lanes on TH 77 have been studied and, although not part of the fiscally constrained plan for the region, Council staff encourage consideration of MnPASS lanes in this project to ensure that they are not precluded. Item Vl.o - Water PollutionlMPCA-NPDES (Roger Janzig, 651-602-1119) The active portion of Metropolitan Council Interceptor (3-BN-497) is located at the northern boundary of this proposed project, west of Highway 77; and the abandoned portion of this Interceptor runs through this project, west of Highway 77. The active portion of this interceptor was built In 1959 and is a 36 inch Reinforced Concrete Pipe at a shallow depth; and the_. - -- -_ ~ r METROPOLITAN (11 SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 1. Comment noted. A signed letter from Three Rivers Park District acknowledges the temporary occupancy of the regional trail (Appendix B). The trail will be restored to existing or better conditions following construction of the noise barrier. 2. The project team investigated the potential incorporation of MnPASS lanes as part of the project. Cost estimates were prepared and shared with MnDOT. MnDOT determined that the MnPASS elements were not needed at this time. Additionally, the proposed design was reviewed to ensure that it did not preclude the incorporation of MnPASS lanes in the future if MnDOT and the Met Council obtained funding for their construction. It was determined that the proposed design does not preclude their future construction and will result in little additional costs to do so. Appendix G contains an e-mail chain from MnDOT noting that future construction is not precluded. Page 10 of 25 June 2019 Metropolitan Council (2) abandoned portion was built in 1959 and is a 24 inch Cast Iron Pipe at a shallow depth. To 3 assess the potential impacts to our interceptor system, prior to iniiiating any proposed project, preliminary plans should be sent to Tim Wedin, Engineering Services Assistant Manager (651- 602.4571) at the Metropolitan Council Environmental Services for review and comment. Item VII—Agency Coordination — Permits and Approvals Required (Jim Larsen, 651-602- 1159) The EA indicates that the proposed Project may require the relocation of one or more sanitary sewer lines in the vicinity of the Project. In accordance with Minnesota Statute Section 473.513, 4 at the lime the project proposer makes application to the Minnesota Pollution Control Agency (MPCA) for a permit to construct each new segment of sanitary sewer for the proposed project, a copy of the plans, design data, and a location map of the project will also need to be submitted to the Metropolitan Council. The Council's Environmental Services Division's Engineering Programs staff will need to review, comment, and issue a non -objection decision relative to issuance of the construction permit by the MPCA before connection can be made to the City's wastewater disposal system, Overall Transit Comments (John Dillery, 612-349-7773) • In a letter dated March 9, 2011. Metro Transit iterated the following transit -related benefits of this project: o Shorter deadhead trips tolfrom Metro Transit's South Garage from points west will reduce time and therefore, bus operation cost in many cases. o Re-routing of two daily cross-town bus lines, #515 and #540, to follow the new segment of 77th Street under State Highway 77 will: • Increase bus service substantially to the southeast corner of the City (an area highlighted in the EA as having a concentration of low income and minority residents). • Improve the efficiency of operations at Metro Transits South Garage by reducing deadhead time, allow operators to relieve operators at the garage. The EA should reference these points in the summary section 6 Consider adding the new bus stops to the map on Figure 13 as agreed to in detail as part of the TAC process. City staff have a record and location of the new bus stops agreed to at the intersection of 77th Street and Richfield Parkway and near the intersection of Richfield Parkway and 76th Street. This concludes the Council's review of the EA, The Council will not take formal action on the EA at this time. If you have any questions or need further information, please contact Russ Owen, Principal Reviewer, at 651-602-1724. Sinc��reelly, l�fivr- Syr d WY Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT-Metro Division Molly Cummings, Council Member District 5 Russ Owen, Principal Reviewer, Metropolitan Council Raya Esmaeili, Reviews Coordinator N'1CoRtm�ev4LPAVf ammunitieslRfchhelrlllefterslRichheld 200 EA 770 Street 22248-1.do SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 3. Preliminary plans will be provided to assess potential impacts as requested. Staff for the highway project will coordinate with Met Council staff to address any issues. 4. Materials will be submitted to the Metropolitan Council for review at the time of application to MPCA for construction permit as requested. 5. Description of project benefits to transit were incorporated in Section II of this (EA Update) document. 6. A new bus stop at 77th Street and Richfield Parkway was incorporated into the project and is shown in Figures 4 which shows the preferred alternative in Section II of this (EA Update) document. The stop at 76th Street and Richfield Parkway is not part of the proposed project and would need to be added separately. Page 11 of 25 June 2019 MnDOT (1) 1. Comment noted. Coordination between the City of Richfield and MnDOT relative to these projects Metro oat anDlstnct will continue. The timingof construction of this m11DEPARTMENT OF 1500 County Raad 6-2 West TRANSPORTATION Row", le, MN55113 project and/or the projects referenced in the April 30�2019 MnDOT letter may change as a result of this Jeff Pearson, PE, City Engineer coordination. City of Richfield 6700 Portland Avenue South Riahrield, MN 55423 2. The project team investigated the potential SUBJECT: ExtensionessmenCH"Underpass incorporation of MnPASS lanes as art of the Er ronmStree Environmental Assessment and Section 0.{f) Evaluation p p "CH project. Cost estimates were prepared and shared NW andNF, quadsof I-494 and NWandRevicwsof-494a 77 CoyolSectield,l-lennepinC°nnty with MnDOT. MnDOT determined that the Conn'o] Section27ft5 MnPASS elements were not needed at this time. neat Mr. Pearson; Additionally, the proposed design was reviewed to Thankyou for providing the above referenced documents for review. MnDDT's comments are provided below. Please note that Mri_DOT's review does not constitute appmval ofa regional traffic analysis and ensure that it did not preclude the incorporation of is not a specific approval for access or new roadway improvements, We ask to contilloo to receive updated information as project plans are refined, and to be included in future project stakeholder MnPASS lanes in the future if MnDOT and the meet ingsrorthis ptnject. Met Council obtained funding for their vn Nhui)OT is City Richfield pnDOTisworkingc construction. It was determined that the proposed p p working closely with the of coordinate the construction phasing and traffic for this Corridors Commerce improve mitigation project with the adjacent of project to 1-494 from France Avenue South T]vnk design does not preclude their future construction to Highway(TH) 77.The1-494improvements are currently in the design phase, with alternative refinement and selection anticipated laterthis year. The project will include and will result in little additional costs to do so. mobilityimprovemertsonI-494ftomjustwest ofthe1-35W interchange to'l'1177. Appendix G contains an e-mail chain from Also, Mn130T is working with the City to coordinate work for two other major transportation projects in the area; the Orange lJne hus rapid transit Knox Avenue underpass, and the resurfacing ofMN 5 from MnDOT noting that future construction is not MN 55 to 34th Avenue (which wit[ affect motor vehicle access to Minneapolis -St. Paul International Airport Terminal One) in 2020. precluded. Please be in touch 1-494 Project Manager Andrew Lutaya at Andrew.Luta a r state.mn_os or 651-234-7563 for communication and questions about project coordination, MnPA,£3' Lon ex Planning For MnPASS lanes on Tli 77 to the south of f-494 is ongoing. 'ncc Metropolitan Council's 2 2040 Transportation Plan Policy designates TH 77 northbound from 138th Streetto T-494 as a Tier 3 MnPASS corridor. Therefore, any eonshvotionwithin the 1-494M-T 77 interchange area on T'H 77 should accommodate the addition of a future MnPASS lane to at:oast the minimum design standard set forth in MnDOT Technical Memo 16-04-TS-01. Please he in louch with MnPASS Policy and Planning Program Direclorl3rad Larsen at Bradley.Larsen a stafe.mn-us or 651-234-7024 for related questions. A—r-,I oppnunity employer SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update Page 12 of 25 June 2019 MnDOT (2) Drainage 3 Ponding allocations for this project should be coordinated with drainage facilities and management Ibr the Corridors of Commerce 1494 from Prance Ave to TH 77 project referenced shove. For questions regarding drainage, please contact Christopher Chatfieid of MnDOT's Metro District Water Resources Section at 651-234-7365 or Christopher.ChalSeld(alstate.mn.us. Permits .Any other use of, work within, or impacts to MnD01'right-of-way will require a permit. All permit 4 mrms are available and maybe submitted online at: https:I/dotarD7.doi.state.mn.us/OLPA. please direct questions regarding permits to Buck Craig ot'Miours Metro Permits Section at 651-234-7911 or 13uck.C-raigfriistatc. mn. us. Review Submittal Options MnDOT's goal m to review proposed development plans and documents within 30 days of receipt. Electronic file sublmitLal5 ate typically processed more rapidly. There are four submittal options: 1. Email documents and plans in PDF format to metrodevreviews.dotCdstate."l,us Attachments may not exceed 20 megabytes peremail. If multiple cmails are necessary, number each message. 2. TlploadPDF file(s) to MnDOT's external shared internetwodcspace site at: httns:/fmft.dot.staLe.mn.us. Contact Mnl)OT Planning development review staff at metrodevreyiews.dot@)statc.mn.us for access instructions and send an email listing the file name(s) after the doeument(s) has/have been uploaded. 3. Mail, courier, or hand deliver documents and plans in PD11 formal on a CD-ROM compact disc to, MnDOT—Metro District Planning Section Devalopmcnl Rcvicws Coordinator 1500 West County Road R-2 Roseville, MN 55113 4. Submit printed documents via T;.S Mail, courier, or hand del ivery to the address above. include one set of full-sizeplans. You are welcome to contact me at (651) 234-7795 with questions. Sincerely, M11 .al.1, signed by."d 11- ownav�d EWin DOT oale:2tli9,gA3015A3:31 -05btl' David Elvin, A1CP Principal Planner Copy via F-Mail: Buck Craig, Permits Doug Nelson, Right -of-Wav April Crncken, Area Manager Andrew Lulaya, Area Engineer Amber Blanchard, 1494 project Nick Olson, Water Resouces Christopher Chatfield, Water Resources JeFf Rones, Design Chad Etdeksm, Traffic Cameron Muhic. Muhimodal Rylan )uran, Aeronautics Brad Larsen, Mnl'ASS Natalie Ries, Noise Mitigation Carl Jensen, Transit Advantages Catherine Hucbsch, Statc Aid Russell Owen, Metropolitan Council SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 3. Ponding allocations will be coordinated with the 1-494 Corridors of Commerce project as requested. 4. All required permits will be applied for and obtained prior to construction. Page 13 of 25 June 2019 MPCA MMINNESOTA, POLLUTION CONTROL AGENCY 520Lafayene Aoad North I5tpau, Minnesota W55Alu,i 1 651245 ac don-657-mr,t I I Equal Opportunity Employer April 30, 2019 Jeff Pearson, PE City Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: 77"Street Extension and Trunk Highway 77 Underpass Environmental Assessment DearJeff Pearson: Thank you for the opportunity to review and comment on the Environmental Assessment (EA) for 7711 Street Extension and Trunk Highway 77 Underpass project (Project) in the city of Richfield, Hennepin County, Minnesota. The Project consists of construction of a new read connecting 7714 Street to Longfel low Avenue. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility or other interests, the MPCA staff has the following comments for your consideration, Traffi c '' The proposed Project will spur economic development and improve walkabiiity, bikeability, and vehicle mobility and connectivity in an area with ongoing congestion problems. • The it, of Richfield must prepare a detailed transportation 2 management plan to manage all the expected traffic disruptions and detours during the final design of the proposed Project and provide commitment to monitoring and providing temporary improvements to those impacted intersections listed in the LAW. For questions regarding traffic Issues, please contact Mehjabeen Rahman at 651-757-2191 or Mehiabeen.Rahman@state.mm us. R 3 ardO material, Reggardingg the e demolition of the Motei 6 bocci property, the Project proposer should also consider recycling as much of the building materials as possible to reduce the volume of material disposed of in the landfill. If you have any questions regarding demolition issues or asbestos and lead paint abatement, please contact Kit Grayson at 218-302-6527 or Kit.Grayson@state.mn.us. We appreciate the opportunity to review this Project. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Projectfor the purpose of pending or 4 future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions- Ifyou have any questions concerning our review of this EA please contact me by email at Karen.kromar0state.mn.us or by telephone at 651-757-2508 Sincerely, 6WMVwMW- Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK:bt cc: Dan Card, MPCA, St, Paul Mehjabeen Rahman, MPCA, St. Paul Kit Grayson, MPCA, Duluth SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 1. Comment noted. 2. A detour plan and detailed traffic control plan have been developed to address anticipated traffic disruptions. Impacts to all roadways around the project will be minimized with an aim towards reducing delays. All freeway traffic lanes will remain open, with only one ramp being closed and requiring a detour (see below). All other traffic disruptions to the local city street network would be similar to a typical city street project. The city streets are not major through streets with heavy traffic volumes. They primarily serve the neighborhood. Local traffic will always have access and there are multiple local routes that can serve as alternatives if desired. Temporary improvements are not expected to be needed; however, the city will monitor local traffic conditions during construction. The closure of the southbound TH 77 to westbound 1-494 ramp will result in a temporary detour for regional traffic. The detour includes using TH 62 and 1-35W for both local and regional traffic as shown in Figure 7. No major impacts to local roadways are anticipated due to the detour. No local traffic impacts to the Longfellow Avenue/77th Street intersection are expected as the west leg does not exist today. During the construction of Richfield Parkway and the addition of the cul-de-sac on Old Cedar Avenue S (Figure Page 14 of 25 June 2019 4a), 77th Street will remain closed between Bloomington Ave S and Old Cedar Avenue S. The east leg of the Bloomington Avenue S/E 77th Street intersection will be closed, but access to commercial properties between 77th and 78th Streets will be maintained via 78th Street. 77th Street will reopen to through traffic once construction of Richfield Parkway is completed. 3. The contractor responsible for the demolition of the Motel 6 property will be allowed to determine what materials, if any will be recycled. Any regulated materials will be removed and properly disposed of as noted in the EA. 4. Permits, as applicable will be applied for and obtained prior to construction. SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 15 of 25 Environmental Assessment Update June 2019 U.S. EPA (1 �rtU UNITEOSTATEfiENVIRONMENTAL- PROTECTIONAGENCY REGION 5 Ic 77 WEST JACKSON BOULEVARD 't ape �� CHICAGO. IL QuI334-3590 APR 2 9 2019 «aPLV N TaEATIENTION Off. Ryan HTNon. Area Engineer Federal Highway Administration 380 Jackson Street. Suite 300 St. Paul. Minnesota 55101 Jeff Pearson, City Engineer City of Richfield 6740 Portland Avenue South Richfield Minnesota 55473 Re; Environmental Assessment and Section 4(f) Evaluation for 77" Street Extension. Richfield. Minnesota Pear Mr. Hixon and Mr. Pearson: The United States Environmental Protection Agency {EPA) has reviewed the Federal Highway Administration (FWI- A) ! City of Richfield (City), Minnesota referenced Environmental Assessment (EA) and Section 4(1) Evaluation. We are providing comments pursuant to our authorities under the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500-1508), and Section 309 of the Clean Air AcL The purpose of the project is; I I to improve mobility and connectivity on the A Minor .SrCerial RelieverNetwork (77u Street in the City of Richfield) for the area north ofI-494, and 3) provide motorized and non -motorized users connectivity arros9 Trunk highway 77 Mi 77), The City proposes to extend 77" Street under TH 77 to connect to Longfellow Avenue. The EA identified preferred alternative includes the following elements: construct 0.36 toile of new four -lane road narrowing in two-Jamsunder']-fI 77; construct new TH 77 bridges and ramps for TH 77 and 1- 494: reconstruct Ramps 111 and ICr; construct new two-lane divided roadway (Richfield Parkway) and parking lanes connecting 77" Street to 76" Street and construct trai I and sidewa k. The National Climate Assessment finds that in the Midwest extreme heat, heavy downpours. and flooding will affect infrastructure and water quahty.j It is important for FHWA and the City to consider the current condition and likely integrity of the projects physical infrastructure and its environmental impacts over the life of the proposed project. Stormwater Management. Proposed new roadways, parking areas. and sidewalks would increase 1 impervious Surface. Two new stormwater ponds, along with connecting piping and outlet U.S. Global change Research Pm_V=. 2018 Fourth National Climate Assessment Volume TI, avadabie at hags"ncg01 S=nlhalchanscsov Reeynlutl+Reryclatla.gr wg" bl"a"W.—l&e•m �00%R--1 N" (iogw po"4t;unawierl SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 1. As a point of clarification, the underground drainage system is part of the mitigation for impacts to Washington Park and will be constructed as part of the 77th Street project as shown in Figure 4c. The drainage design for Washington Park includes a large subsurface storage system to mitigate for the impacts to the existing storage that currently occurs above ground in the park. The proposed park improvements will be largely pervious surfaces which reduces the runoff volume. The proposed underground storage system also provides for water quality treatment capacity for the tributary area. Page 16 of 25 June 2019 U.S. EPA structures, are proposed to address drainage issues, including the sag point created by the proposed underpass_ The FA identifies flW localized flooding currently exists in the proje�K area within Washington Park. While not part of this project, the EA discloses that the City will make drainage modifications, including a subsLuface storage system, to improve conditions within W ashington Park. 2 Remnmrendretions; When FHWA updates the LA we recommend the document identify how the project-s environmental impact may change with increases in average temperature and increases in the frequency and intensity, of precipitation events. identify whether the pMiect's proposed stormwater ponds may be used to handle stormwater runoff from the future redesign drainage plans for Wlishington Park. If needed 4 incorporate resiliency and adaptation measures for this project. To better manage the 5 quantityand quality of stormwaterntnoff. consider using pormeabic pavement for parking areas and sidewalks, and incorporate rain gardens as part of this project's design and the finurc redesign of WashinKcm Park. See EPA's Adaptation Resource Center' for additional information. The pmjoct area has a higher proportion of minority and law -income individuals than found within Hennepin County as a whole - Acquisition and Relocation. There are no residential relocations associated with the proposal. 6 However- one business, Motel 6, would he acquired. Motel 6 has 35 to 50 workers. However, the EA does not identify how the loss of Motel 6 might impact the econoric status of the current workers. For example, do current Motel 6 workers walk To work or commute from outside the project area? if workers ]rve in or near the project area. are there comparable jobs available in The project area? Knot, does tine City have a plan to help these workers find comparable or better employment? Would displaced workers be o5ored training and prof ect construction jabs? Recommendation: EPA recommends the updated EA include an analysis of the potential economic impacts to Motel 6 workers due to the proposal and identify mitigation measures to compensate for impacts identified. For helpful information, see Erivitonmental Justice Interagency Working Croup "Promising Practices for EJ Methodologies in Ni:PA Reviews" available at: htms:!/www,omE!DvicTiviommental justiwfei-iwg- rromisiae-praerices-ei-methodo]oeies-Wens-reviews. Noise Impacts / Noise Barrier: Preliminary analysis indicates one potential noise barrier would be considered both feasible and reasonable. The final disposition of the noise wall will be :Wade based on property owner and resident feedback, The EA discloses a low response rate to the initial voting process on the noise wall. A second round of voting is currently underway. Recommendation We recommend the updated EA disclose the results of the second voting process and the determination of whether anoise wall will be corrskructed. EPA's Climate .Adaptation Re Cm Crater, avalla6le at hnpe:"www.epa,eo>—a -x SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update 2. The primary impact for the project due to increases in frequency and intensity of precipitation are for the underpass major sag point. The downstream storm sewer system that the proposed Richfield Dry Pond discharges into is under capacity. The flap gate that is proposed will prevent backflow from the downstream system from flooding the Richfield Dry Pond. The pond was designed with capacity for the 100-year Atlas 14 rainfall frequency and intensities with three feet of freeboard. As precipitation changes, the three feet of freeboard provides the redundancy to reduce the potential for flooding of the sag point of the underpass. 3. Drainage modifications within Washington Park, including underground water storage, will be part of this project and will be designed to address existing localized flooding issues within Washington Park. Measures outside of the park (the proposed stormwater ponds) are not required and modifications to the proposed ponds for highway improvements would not be allowed to include water from the park per MnDOT practices. 4. Resiliency and adaptation measures are not required to be incorporated into the project at this time. However, as noted above (#2), measures have been incorporated. 5. The City has chosen not to include these items as part of the roadway or park improvements. Page 17 of 25 June 2019 Runoff is being properly treated using other BMPs. 6. The EA noted the presence of EJ populations in the area, including the apartment complexes located adjacent to the Motel 6. Original alternatives developed for this project (Figure 16 in the EA/Figure 8 in this document) impacted these residential areas. Efforts were made to develop an alternative that avoided direct impacts to populations living in the project area. While the Motel 6 hires minority populations and pays wages that would result in a majority of the employees being classified as low income, there were not opportunities to avoid the motel property and still construct the new roadway connection and reconstruct the freeway ramps without additional impacts to Washington Park, a Section 4f resource and the adjacent apartment complexes which are homes for EJ populations. The impacts associated with going through these resources was considered greater than impacting the Motel 6 property. Additionally, while the hotel may have provided jobs to low-income individuals, it was also a business of concern to the neighborhood. When this project started, it was noted by adjacent property owners and the city that the police were frequently called to the site due to problems with druas and prostitution. This situation not only SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 18 of 25 Environmental Assessment Update June 2019 impacted the neighborhood, but hotel employees as well. For the past 5 years, there were, on average, over 500 calls a year to the site. That is more than one call a day on average. Records from the city of Richfield Police Department indicate the following: • 2014 - 527 calls • 2015 - 532 calls • 2016 - 590 calls • 2017 - 563 calls • 2018 - 495 calls The surrounding neighborhood is supportive of the removal of the Motel 6. In terms of economic impacts to workers, the Motel 6 property is located in an area with substantial hotel industry employment due to its proximity to Minneapolis -St. Paul International Airport (MSP) and the Mall of America. Figures 9 display data on the number of accommodation and food service industry jobs within a five -mile radius of the property according to NAICS codes. Distinct clusters emerge around the Mall of America, MSP Airport, and the 1-494 corridor, both of which are within less than three miles from the Motel 6. Table 1 quantifies the number of jobs in the hotel industry near the Motel 6 property. As shown in the table. there are numerous emplovment SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 19 of 25 Environmental Assessment Update June 2019 opportunities in the vicinity. Table 1: Nearby "Accommodation" Industry Employment Distance from Mob Number of Businesses Number of Employees Given the local cluster of employment in the hotel industry and an unemployment rate of 3.1 percent for the Bloomington/Richfield area, it should not be difficult for displaced workers to find new positions within the same sector. In terms of workers and their ability to get to other places of employment, there is substantial transit service that links the neighborhood to concentrations of nearby hotels. There are also trails and other facilities for those that choose to walk or bike. Figures 9 show transit service and bicycle facilities, concentrations of hotel and food service industry employment, MSP International Airport (which has a hotel), and Mall of America (which also has hotels as part of its complex). Hotel workers were given the opportunity to seek employment at other properties owned by the hospitality company that operated the Motel 6. Unemployment benefits were extended to displaced workers if thev chose not to pursue this SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 20 of 25 Environmental Assessment Update June 2019 SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 21 of 25 Environmental Assessment Update June 2019 U.S. EPA (3 Rocause of the low initial citizco feedback, Ave recommend the City consider reassessing and. it needed, refine its public involvement/outreach efforts. For helpful information see -Pronnsinglhractices for E.1 Meihodologier ir. XER4 Rentews" recommended earlier. In addition to consideration of a noise wall; we encourage use of saategicaily placed v aetation to reduce noise and visual impacts. ®Construction Impacts / Air (uali v: To protect air quality for the people whq live [tear, work anti/or play in the projec i area during construction, we recommend project proponents consider strategies to reduce diesel emissions. such as project construction contracts that require the use of equipment with clean diesel engines and limits on the length oitime equipment idles when not in active use. EPA recommen(Is idling not exceed five minus. See the enclosed Diesel Emission Reduction Checklist for information regarding ways to reduce construction eguipmew, diesel etttissions. Thank you for the opportunity to review and comment on the F.A. EPA requests a copy of FFM-A's final NFpA determination when available. If you have any questions regarding our commeuts, contact lead NEPA rcviewer Virginia Laszewskd of my staff by phone: (3121 886- 7,501 oremail: laczewski _17i re'JIMq eMI-MY- Kenneth Enclosure: Diesel Emission Rcdumnn Checklist ce (email): Gary Reihl, Minnesota➢a)artment of Transportation. State Aid, MS 500.395 John irvhmdNvd._ Saint Paul, Minnesota 55155, t:arr.rcih ling ate.mn,ji2- SP 2758-82, SP 157-108-035, and SP 157-594-003 Environmental Assessment Update June 2019 8. Comment noted. These measures will be considered as part of construction. Page 22 of 25 U.S. EPA (4 U.S. Eaciranmental Protection Agency - Diesel Emission Reduction Checklist • Use law -sulfur diesel fuel 115 ppm sulfur maximum) in construction vebidea and equipment. • Retrofit engines with an exhaust filtration deviceto capture diesel particulate matter before it enters the construction site • Position the exhaust pipe so that diesel fumes are directed away from the operator and nearby workers, reducing the fume concentration to which personnel are exposed. • Use catalytic converters to reduce carbon monoxide. aldehydes, and hydrocarbons in diesel fumes. These devices must be used with low sulfur fuels. • Use enclosed, climate -controlled cabs pressurized and equipped with high efficiency particulate air (iiERA) filters to reduce the operators' exposure to diesel fumes. Pressurization ensures that air moves from inside to outside. HCPA filters ensure that any incoming air is filtered first. • Regularly maintain diesel engines, which is essential to keep exhaust emissions low- toliow the manufacturers recommended maintenance schedule and procedures. Smoke color can signal the need for maintenance. For example, blue/black smoke indicates that an engine requires servicing or tuning. • Reduce exposure through work practices and training, such as turning off engines when vehicles are stopped for more than a few minutes, training diesel -equipment operators to perfom+ routine inspection, and maintaining filtration devices. • Repower older vehicles and/or equipment with diesel- or alternatively -fueled engines certified to meet newer, more stringent emissions standards. Purchase new vehicles that are equipped with the most advanCed emission Cnntrpl systems available_ • Use electric starting aids such as block heaters with older vehicles to warm the engine reduces diesel emissions. • Use respirators, which are only an interim measure to control exposure to diesel emissions. In most cages. an N95 respirator is adequate. Wt7rkers must be trained and fittestedhetnm they wear respirators. Depending on work being conducted, and if oil is present, concentrations of particulates present will determine the efficiency and type of mask and respirator. Personnel famillar with the selection, care, and use of respirators most perform the fit testing. Respirators must bear NIOSH approval number. Per Executive Ordcr 13045 on ChUdren's Heath 1, EPA recomnnends operators and workers- pay particular attcnhon to woril proximity to places where children live, ]earn, and play, such as homes, schools, daycare centers, and playgrounds. Diesel emission reduction measures should be strictly implemented near these locations in order to be protective Children may be more highly exposed m contaminants because they generally eat mare food drink more water, and have higher inhalation rates relative to [hair size. Also. children'a normal activities: such as putting their, bends ni their mouths or playing on the ground, can rrsnit in higher exposures to contaminants as compared widr adults- Children may he more vck—able w the torie effect of c rrvrminants because their bodies and systems arc our fully developed and her gwwmg urgmu are more eagity harmed EPA views uhilcWond as t segtience of life stages. from conception through fetaidevelopment, infancy. and adolescence_ SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 23 of 25 Environmental Assessment Update June 2019 VII. RECOMMENDATION FOR FINDING OF NO SIGNIFICANT IMPACT The proposed project is the construction of 0.36 mile of a new four -lane road connecting 77th Street to Longfellow Avenue; construction of new bridges carrying TH 77 (Bridge #27R37 and #27R38) and ramps for TH 77 and 1-494 (Bridge #27R35 and #27R36); reconstruction of Ramps 1 H and 1 G; construction of Richfield Parkway; and construction of a multiuse trail and sidewalk. Based on the documentation of impacts in the EA and this EA Update, and the comments received in response to the public comment period, the City Council has issued a negative declaration (Appendix H) that the project does not have the potential for significant environmental effects and recommends that the Federal Highway Administration prepare a Finding Of No Significant Impact (FONSI) for this project. VIII. PROJECT MANAGER Name/Title: Kristin Asher, Public Works Director Address: 6700 Portland Avenue, Richfield, MN Phone: 612-861-9795 Email address: kasherCrichfieldmn.gov SP 2758-82, SP 157-108-035, and SP 157-594-003 Page 24 of 25 Environmental Assessment Update June 2019 LIST OF APPENDICES Appendix A - Figures Appendix B - Three Rivers Park District Coordination Appendix C - Noise Wall Voting Information Appendix D - Affidavits of Publication and Certificate of Compliance Appendix E - Agency Comment Letters Appendix F - EA Distribution List Appendix G - MnPASS Communication Appendix H - Negative Declaration SP 2758-82, SP 157-108-035, and SP 157-594-003 Appendices Environmental Assessment Update June 2019 APPENDIX A Figures 1. Figure 4a - Proposed Improvements 2. Figure 4b - 77th Street Et Richfield Parkway Bus Stop 3. Figure 4c - Proposed Improvements - Washington Park 4. Figure 5 - Nine Mile Creek Trail Master Plan - Intercity Trail Temporary Occupancy 5. Figure 6 - Noise Monitoring Sites, Receptors, and Analyzed Barrier Locations 6. Figure 7 - SB TH 77 to WB TH 494 Ramp Closure Detour Route 7. Figure 8 - Old Cedar Avenue Realignment Alternative 8. Figure 9a - Accommodation/Food Service Employment Proximity - LRT/BRT 9. Figure 9b - Accommodation/Food Service Employment Proximity - Local/Express Bus 10. Figure 9c - Accommodation/Food Service Employment Proximity - Bicycle Facilities !r i 300 SCALE IN FEET � _ � 'S �� I . j-,y r. r � _ is •�jE�a'#�l �"' �`al� `� �i� �y'Ei� w 74 76th Streefr — —� { cr�rdMl �. ld : sues , zc' C.;Y CF rjICHFIELD ^a 0- HENVEPIN CDUNTY 0 eet � '' `�Str �. Metro Transit South Garage Bridge #27R35 New Bus Stop " "ter Bridge #271R36 i 77th Street �1 Bridge #27R38 - - - - - - - - - Bridge #27R37 •, -* :t Legend r " f • E� Bituminous Roadway +� ! � r ! ! � 1 �- � ` .�, .� ....... x � ,•q 0 Concrete Roadway Concrete Curb& Gutter.! Median Tl L '�7 �• x r i= r > r ` - - �f c �` .�y4 :.• Shoulders (Paved) �1 Trail Sidewalk a • *! _ -- y a -'� 'r1 r r:�„ti`. Bridges and Walls _ 78th Street.:.:... �µ `� .- e Pond Turf Establishment cuetmYi ` Prop ROW Inplaoe ROW '� +- Figure 4a: Proposed Improvements PermanentFasement 1 1 Tom porary Easement 77th Street Extension and TH 77 Underpass - Construclion Limits - Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 SYMBOLS & MATERIALS LEGEND STRIPING KEY NOTES 77TH ST `r CV05$%ALK A RK[NG - CIRCLE - MKT[ LOW 1 E A i z z■ wLTI COMP PLACE T9 AEMAIN % PAVEMENT MESSAGE !LEFT ARRDWI pCTAGON - PREF TAPE [j)IN- tNxTl COMP _ MULTI Cow � INSTALL SAL VAOED SICK - mi. PAVEMENT MESSa9E IR10NT AARON$ IST DICK 3RD DIGIT (DSRTOGE MOAINTED MILTI COUP E-XKXSICN TYPE C RIGHT C! N4r .8,E iC.MITE = ELtow ➢-XOSIGN TTPE ➢ IEYPONAAY E45EYENT 2N9DIRT[ ABLACK PATT N �r �L%-%%%S)GN TYPE SPECIAL MEASELSNr �-Ar5TiIVE SLATE IH FEET OTYEDL — — — — —/ ❑ 59 ❑0 EXAMPLE= ASN _ MULTIL LDMP IN10 MITE ., [9i-xa p oOo ON GA IN. NET REFLECTIVE 00 a� ❑r 1qF� ASN ( RICHFIELD PKWY � New Bus Stop B IN S.P-1S7-1 3 I/FHo0 STA. 503 + 34-09 OC.4 j 77TH _NR Q1j 15 �idx O[' `-Y 49 T[ 800� ttt[ 15� [ 19' SU0 ! _ _ _ Ir ! _ i _ _ _ ! _ 4DY p .1 �7 7rrN-E0 d a pO v I ! I K FRONTAGE ROAD VV 900, 77lh Street UndNrpas9 R E C' Et F 11. L E7, A7 l M1 k E: S 6 T A Y ] q / 7TN 5t18 of at Tr17Rk Hi$ ay 77 77TH 5T ER STA 50§-3d 09 TO 177H ST E9 STA 51,.❑9 00 V V cay of RknNeld, Minnesota SIGNING & STRIPING PLAN S. P. 275M217H 77)- BY- 157.10841135 , Figure 4b: 77th Street & Richfield Parkway Bus Stop 77th Street Extension and TH 77 Underpass Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 1h Estimated Permarent Ir Dects Location Area acres Richfield Parkway 0•51 TrailsiSidewalk 0.22 Parking Stalls 0.05 Subsurface Drainage 2.6 Temporary 4-87 Legend Washington Park Boundary Soccer Field Construction Limits - - - - - - - - - Sledding Hill Construction Limits - Drain Tile Storm Sewer DTain Tile • Manhole --- - - - - -- k - 0 So FT — i o Pr PARKINQ Lo I CITY OF RICHFIELD FKPISION� HENNEPIN COUNTY ;SEPARATE'• - PROJECT) lop L J - a SUB -SURFACE DRAINAGE AND PROPOSED C CCER FIELD n I 1 # # N5TR CTION ` J •� LIMITS i W U) P t I � t I I f I I / I rA UB-SURFACE DR�AIfVA'GE AND 11 PRC)POSFf3 S(}FF2 F I F I f] I I f eIL } I I {I z• I I I I I ; .———————————————— 7TrH 2- � I I I WA5HINGTON PAR✓ J I � I altslts�� Figure 4c: Proposed Improvements - Washington Park 77th Street Extension and TH 77 Underpass Richfield, MN I SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 k Figure 5: Nine Mile Creek Trail Master Plan - Intercity Trail Temporary Occupancy b4 77th Street Extension and TH 77 Underpass (Richfield) .' SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 �`' a►'^--i- dFf'� ,fir Project Features = ri " �-" G U�7 • Monitoring Locations i r r r z Receptor Locations } ' q i� r' ry ;, j' _ �_ �• 7;_�_ ,4' J ':.� Analyzed Barrier Location - Does A �� .;, - ., - — �� •f'e { j Not Meet Feasibility Criteria �{ Barrier Proposed for Construction v::' � , �';•1�,e '. • �?�`-L;� r•--•-Q�l f'�'',`�� • {n�.�j ruxxEso.a j � ►=. � Ar W. PIP — � r � r �`� � ] 7r`r•'� Fr l ►► ref r G rdk! r r r. ��•� �4, v f�lw � wod ap 14 N Figure 6: Noise Monitoring Sites, Receptors, and Analyzed Barrier Locations 77th Street Extension and TH 77 Underpass 200 Richfield, MN I SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 Feet 0 o u uuuau °°oua� uuao��uuuoo z Qaauuu D uuC� u H0 Ouuoa ouuo� �° W� oauuuuuuuu o Qa °° s D �� d EMUu uuDfl ao ElauuC2 ouuuu Duuuuuuuuud z 3 ��uuuu D_aoo,� _a�aD Da a uu u a u y �uuaoQa ❑o❑❑❑❑ ❑❑uuaa aOHM LIE]LIE]DEE aEEo �� Local Traffic uuuD�a HUE �°ua�I uuuua HOMEEEL 66TH STREET EASTJME F W DuuuuauaDoDUDUDuuUUU u�l uC�uuCya uuuuuuuu a❑�a u u HEM uuuuuC W �uC�Coi toz1 uuuuuuuuuuuuuuuu �Duuuuuu� uuuCz� - ..uuuu z�uuC� K uuuuuuuuuuuuuuuu DuuDuu�� uEEI>>aaaau OPIE z a°uuuuuuuo y�uuuuuaQ1uuuuDuuCoDao 1 HHEO �0 z�aau IDIEH CW- HEMM a� Zaa ❑uuC �uuuuu a�uuuuuuC>mLJuuu Minneapolis -St. Paul uuuuuu ®buEuuu�W�uuu ❑uuC o�uuuuuuuuuuuuuuCN�O au International Airport a uauuu u [o aQaauuu�z�uuuauuuuuuuuu�� uuuu uauuu _ DDuuD a uuuua DDDDDDDDDDDDuuuuuuu�0000000 � 76TH STREET --EAST 77TH STRR EET Duuu - aa�uu�uO�uDuDuOaC�aai �� lluD�Qu 77TH STREET=EAST 'Q 78TH STREETi NORTH IRPORT-LANE O AMERICAN BOULEVARD EAST—�y D — DD uU� W Project Location D o—I D� Detour Route uuuu —a LU ,LINDAU LANE= =� Ramp Closure Juuuuu��' l• • • �UEj LFIF�; i N N , IL H Figure 7: SB TH 77 to WB TH 494 Ramp Closure Detour Route 77th Street Extension and TH 77 Underpass Richfield, MN I SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 0 1,500 INNER= Feet Figure 8: Old Cedar Avenue Realignment Alternative 77th Street Extension and TH 77 Underpass � ttome�own Richfield, MN I SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 GEM" wV QllDDas a4r fa0G000G0060IJ b7 — MOD r , �00000an0000 ®�7 °D u u9�1 { �naua oa�Gi a uo¢no¢u¢ooe0 - Qo° oo. ii� % kkg000�ona000aaxiraa °off „00000ryioo¢aoonuauoa ilfl� o U�ouoa0000000 ji7[f �9 [�D�LJ�oanonoo p➢ n jL M�74�3La } aiDQDQQ W�Q�Qll il�rtmn a.�1 Q l000° 0 00 oanoar� MIM Ippp fl A&n0000nq 2 kllllll�al,, �. r Project Location Regional Trails A Line (BRT) Blue Line (LRT) Red Line (BRT) Motel 6 Property MSP Airport 71�IfRe�nrvr 11 . - Mall of America aC1CJo°JQa Jaa �l � � �©6 �on6Gno o_Q oo nc� OER�_"I Z�flnaOd DF- �c� ,00000�oc o0 ,� ©oiaou¢onoom0� Lio�olJ oo�j°n°oo aoc o. ju 2 a oaL' as llvo°�'°�� lno L. . nn c cc o Source: U.S. Census Bureau LEHD (2015) 0 Accomodation/Food Service Employment (5 Mile Radius) Less More N .- .. ; Figure 9a: Accommodation/Food Service Employment Proximity - LRT/BRT 77th Street Extension and TH 77 Underpass Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 o 1 00001[= Miles Motel 6 — Property Project Location Regional Trails Local/Express Bus A Line (BRT) Blue Line (LRT) Red Line (BRT) MSP Airport L_ Mall of America Source: U.S. Census Bureau LEHD (2015) Accomodation/Food Service Employment (5 Mile Radius) Less .- ; Figure 9b: Accommodation/Food Service Employment Proximity - Local/Express Bus 77th Street Extension and TH 77 Underpass Richfield, MN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 a More N 0 1 NONE= Miles ly MOP M I>C I Motel 6 Property MSP AirportTel, Mail of America Ak DON U013 Accomodation/Food Service Employment (5 Mile Radius) Less Bicycle Facility Project Location L E.- Source: U.S. Census Bureau LEHD (2015) More Figure 9c: Accommodation/Food Service Employment Proximity - Bicycle N Facilities 77th Street Extension and TH 77 Underpass Richfield, IVIN SP 2758-82/SP 157-108-035/SP 157-594-003 1 EA Update June 2019 o 1 00001[= Miles APPENDIX 6 Three Rivers Park District Coordination Public Works department April 16, 2019 Mr. Danny McCullough Regional Trail System Manager MAYOR Three Rivers Park District , Department of Planning MARIAREGAN 3000 Xenium Lane GONZALEZ Plymouth, MN 55441 CITY COUNCIL Subject: SP 157-108-035, 157-594-003, 2758-82 EOWINAGARCIA 77th Street East Extension MARY SUPPLE City of Richfield sIM4N TRALITMANN Section 4(f) Temporary Occupancy of the Intercity Trail (also known as Nokomis - BEN Nil-IALEN Minnesota River Regional Trail) CITY MANAGER KATIERODRIGUEZ Dear Mr. McCullough: The City of Richfield is preparing plans forthe 77th Street East Extension Project. The proposed project wlil result in temporary occupancy of the existing Intercity Trail, a Section 4(f) resource, which is in right of way owned by MnDOT. To construct Improvements associated with the noise wall of the project, a portion of the Intercity Trail between approximately 75th and 76th Streets along Cedar Avenue South will incur a temporary occupancy. During construction of the noise wail, the segment between 75th and 76th Streets will be closed, and users will have to shift to the sidewalk located on the west side of Cedar Avenue South and the roadway (for more experienced bicyclists that do not want to ride on the sidewalk). Cedar Avenue South is a low -speed roadway with approximately 2,400 vehicles a day. As per the Federal Register Rules and Regulations 23 CFR 774.13(d), the temporary relocation of the trail segment between 75th and 76th Streets to the sidewalk along Cedar Avenue South and to Cedar Avenue South Itself for more experienced cyclists may he considered a temporary occupancy of Section 4(f) lands, A temporary occupancy may not constitute a Section 4(f) use when all the conditions listed below are satisfied; +The duration of the occupancy will be temporary in nature (i.e., less than the time needed for the construction of the project). The segment of trail will remain as It currently operates for much of the construction work. The relocation of the trail is needed for the construction of the noise wall along the east side of Cedar Avenue South. 19R1. E. 50 ST, RICHFIELD. MINNESOTA 65423 612-861.9170 FAX; 612,861.9181 www.rIGhfJeIdmn.goy AN EQUAL OPPORTUNITY EMPLOYER April 16, 2019 Psge 2 -There will be no change in ownership of the land. The trail will remain the property of Three Rivers Park District and Cedar Avenue South will remain under MnDOT jurisdiction. *The scope of work to be performed will be minor (i.e., both the nature and magnitude of the changes to the Section 4(f) property are minimal). The Intercity Trail between approximately 75th and 76th Streets will have to be temporarily closed while work on the noise wall is being completed. Trail traffic will be crossed to the other side of Cedar Avenue South and put on the existing sidewalks (for pedestrians and less experienced bicyclists) and an Cedar Avenue South for the more experienced cyclists. These locations are directly across from the existing trail. Construction of the wall may impact the trail. If it does, the trail will be reconstructed and put back into pre -construction or better condition. Once construction of the wall is completed and any reconstruction of trail facilities are done, it will be opened to the public. -There are no anticipated permanent adverse physical impacts nor there any interference with the activities or purposes of the property, on either a permanent or temporary basis. As noted above, trail users (pedestrians and inexperienced bicyclists) will be directed to the sidewalk on the other side of Cedar Avenue South and the more experienced riders can ride on Cedar Avenue South daring construction of the wall and if any repairs are needed to the trail itself. This will be a temporary condition only. Once wall construction in the area is complete, the trail will be returned Into pre -construction condition or better and opened to the public. There will be no permanent impacts to the trail or the underlying use/purposes of the property. -The land being used will be fully restored to a condition that is at least as good as the condition that existed prior to the project. The project will not result in the trail deteriorating. The trail will be restored to a condition that is at least as good as the condition that existed prior to construction of the project. *There must be document agreement of the officials) with jurisdiction over the Section 4(f) resource regarding the above conditions. Yoursignoture on this document agreeing to the information regarding the temporary use of the trail as outlined above constitute your concurrence with the assessment of impacts to the Intercity Trail in your role as on official with jurisdiction over the trail resource. April 16, 2019 Page 3 Please indirate your concurrence with the work proposed and that the above conditions are met by signing below. Please forward the signed original back to me for our records. If you have any questions regarding this matter, please contact me at your earliest convenience at (612) 861-9791 or Wearson richfieldmn.gov. If you do not concur with our assessment of impacts to the Intercity Trail, please respond in writing with a reference to this letter. Thank you. Sincerely, Jeff Pearson City Engineer City of Richfield I concur with the assessment of proposed impacts to the Intercity Trail as described above. Vie•- ,/�{3 J % r � � � � — Danny McCullough, Regional frail System Manager Date Attachments: Map of Intercity Trail Temporary Occupancy Area -- 777 — °are s Temporary `,t 2 Occupancy Area .Ti+.T�`¢I rarrosrr i �i•' N - • - 74 IT TE I,em r, e', '/a• 1 J � f° IILII T� q J 4 tr , n r t rat _ • 1 fn��11. , ■T.. f : i I Ili. 'f ^' y - Rh.orsr lq �I, 1• v `r,: T.MH■T■ ' im117T1, 'R ■Th arlIdTi .I .•. 'FI � 1 ... z — f' � I�!- - � � u � Ann r,nr.:w . alNl]■1[ - .— '— I eilif, Ark 15 14 .,X° IT! kl!11,1-111 ,, .171 MAW Nine Mile Cheek Regional Trail I Bloomington LrW p4RN••J 4y r,Xf h RbN wyap.n LL nrr pnrpaN.n4,,. ew IMk'r l.�, il, h,li b rYnrxL,r.YLgnpTlalll.ay ,-.,..I. u ■a linvaa,n+Mw Oey. Me■y W Gu WI,•, 0 0,125 0.25 0.5 Mlles aL. w■,,+nl, .,. h , ■.a„w,l Lw.rTa A.: ,,,, ,. NOaTH Lw.ncrL wldys.b. 1 I � ..,�J ThreeRlvers PAIlIC DISTHICT Figure 1: Nine Mile Creek Trail Master plan - Intercity Trail/Nokomis-Minnesota Regional Trail 77th Street Extension and TH 77 Underpass (Richfield) SP 2758-82/5P 157-108-035/SP 157-594-003 1 Temporary Occupancy APPENDIX C Noise Wall Voting Information 1. Original informational mailing and meeting notice - October 2018 2. Second round of voting notice - January 2019 3. Benefitted Receptor Voting Point Assignment 4. Voting Results by Receptor and Address 5. Vote Summary Public Works Department October 24, 2018 Dear Owner/Resident: The City of Richfield is continuing design for the 77th Street Extension and Trunk Highway (TH) 77 Underpass project. At this stage, City of Richfield staff and members of the project team will be meeting with area residents to share results of the noise analysis, and to gather feedback from residents and property MAYOR owners on whether noise barriers will be constructed along the west side of TH 77 between 75th Street and PAT ELLIOTT 77th Street within the project area. Please join us to discuss the project with residents and property owners that would benefit from a noise barriers at this location. Project information will be available along with new information about the noise CITY COUNCIL analysis and the potential noise barrier. City staff will be available to discuss the analysis and the potential EDWINA GARCIA noise barrier and answer any questions that you have. MICHAEL HOWARD 77th Street Extension and TH 77 Underpass Project - Potential Noise Barrier Meeting MARIA REGAN GONZALEZ Thursday, November 8, 2018, 5:30 pm-7:30 pm SIMON TRAUTMANN Centennial Elementary School (Cafeteria) 7315 Bloomington Avenue South Richfield, MN 55423 CITY MANAGER STEVEN DEVICH It is important that you attend this meeting to learn about the potential noise effects associated with the project and provide feedback on whether or not the potential noise barrier will be constructed. A voting ballot and additional information about the potential noise barrier is enclosed. To make sure that your vote is counted, ballots should be completed and mailed to the City by November 23, 2018. Please note that this voting process is separate from the general election being held on November 6. If you have any questions related to the project, please contact me at 612-861-9791 or jpearson@richfieldmn.gov. Sincerely, Jeff Pearson City Engineer, City of Richfield La ciudad de Richfield continua con el diseno de la prolongacion de la calle 77 y con el proyecto del acceso subterrkneo de la carretera para vehiculos pesados (TH) 77. A estas alturas, el personal municipal de la ciudad de Richfield y los miembros del equipo que realiza el proyecto se estarkn reuniendo con los residentes de la zona para explicarles los resultados del estudio sobre ruidos, y para recoger las valoraciones de vecinos y propietarios sobre si se construiran barreras antirruido a to largo del lado oeste de la TH 77, entre la calle 75 y la 77 dentro de la zona del proyecto. Por favor participe con nosotros en el debate sobre este proyecto, que tendril lugar con los vecinos y propietarios que podrian beneficiarse de una barrera antirruido en esta ubicacion. Se aportaM informacion sobre el proyecto ademas de la nueva informacion acerca del estudio de ruido y la posible barrera antirruido. El personal municipal estarfi disponible para debatir sobre el estudio y la posible barrera antirruido y responder a cualquier pregunta que usted pueda tener. En la reunion se facilitard un interprete de espanol. 1901 E. 66" ST, RICHFIELD, MINNESOTA 55423 612.861.9170 FAX: 612.861.9181 www.richfieldmn.gov AN EQUAL OPPORTUNITY EMPLOYER Why you are receiving this information The City of Richfield recently conducted a noise study along TH 77 between 75th Street and 77th Street and determined a noise barrier constructed along the west side of TH 77 and along the east side of Old Cedar Avenue would reduce the traffic noise level at your property, unit or business by at least 5 decibels. Vote on the proposed noise barrier Property owners and residents who will experience a 5-decibel reduction in noise as a result of a noise barrier can vote for or against the proposed noise barrier along the west side of TH 77, between 75th Street and 77th Street. How voting works You can vote for or against the noise barrier that affects your property, unit or business. MnDOT uses a weighted voting system to ensure residents and property owners are given appropriate influence on the outcome of the noise barrier. How much you influence the outcome of the noise barrier is based on how much your property/unit is affected by the noise barrier and whether or not you own the property/unit. Only the units in apartments/multi-family residential buildings that receive a 5 decibel reduction of noise get to vote. Businesses, churches and schools receive a vote equal to that of a property owner. The table above is an example of the voting system. Please see MnDOT's Noise Policy for additional information about the voting process: http://www.dot.state.mn.us/environment/noise/pdf/mndot- 2015-noise-policy. pd f If 50 percent or more of all possible voting points from eligible voters are received after the first request for votes, the majority of points (based upon the votes received) determine the outcome of the noise barrier. If less than 50 percent of the possible voting points for a barrier are received after the first request, a second ballot will be mailed to the eligible voters who did not respond. If 25 percent or more of all possible points for a barrier are received after the second request for votes, then the outcome is determined by the majority of votes received. If less than 25 percent of total possible points for a noise barrier are received after the second request for votes, then the barrier will NOT be constructed. If there is a tie, where there are equal numbers of points for and against a noise barrier, the noise barrier WILL be constructed. Upcoming public meeting Thursday, November 8, 2018 5:30 — 7:30 PM Centennial Elementary School (Cafeteria) 7315 Bloomington Avenue South, Richfield m �PPARTMENT OP �' TRANSPORTATION Proposed Noise Barrier What WIII the noise barrier look like? The noise barrier will be 20 feet tall, built with concrete posts and concrete panels. The visuals below are based on the information available as of October 2017 and should not be interpreted as an exact design for this project. Example noise barrier after construction Map showing proposed barrier location along with project location y -5 t : r -4 �• .. i AIL IM ..LI7 -' 4 2 i, ■ m. �PPARTMENT OF TRANSPORTATION COMPARISON OF NOISE LEVELS Measured in dB(A) 0 B-747-200 Takeoff* 60 Food blender at 3 feet Noisy urban daytime Normal speech at 3 feet Dishwasher in next room Quiet urban nightime Quiet rural nightime Threshold of human hearing * As measured along the takeoff path 2 miles from the overflight end of the runway Noise Barrier Frequently -Asked Questions Why is a noise barrier being proposed as part of the 77th Street Extension and TH 77 Underpass Project? The City of Richfield conducted a noise study along TH 77 between 75th Street and 77th Street to determine if noise barriers would reduce the level of noise in the community adjacent to the project. Currently, traffic noise along TH 77 exceeds the state's noise standards and a noise barrier would reduce the noise levels at certain locations in the community by at least 5 decibels. The City of Richfield is required to comply with the noise limit requirements set by the State of Minnesota (Rules Chapter 7030) and the Federal Highway Administration (23 Code of Federal Regulations 772). Why does the City of Richfield conduct noise studies? The City of Richfield assesses existing noise levels and predicts the future noise levels and noise impacts of the proposed project. If noise impacts are identified, the City of Richfield is required to consider noise mitigation measures, such as installing noise barriers. All traffic noise studies and analyses must follow the requirements established by federal law, Federal Highway Administration Noise Abatement Criteria, Minnesota Pollution Control Agency State Noise Standards, and MnDOT's Noise Policy and noise analysis guidance. How does the City of Richfield determine if a noise barrier is needed? Constructing a noise barrier must be feasible and reasonable. Feasibility and reasonableness are determined by cost, amount of noise reduction, safety and site considerations. Noise mitigation is not automatically provided where noise impacts have been identified. Decisions about noise mitigation are made on an individual case. When will the noise barrier be installed? The noise barrier would be installed as part of the overall construction project, which is anticipated to begin in 2019. How do noise barriers reduce noise? Noise barriers do not eliminate all noise. Noise barriers reduce noise by blocking the direct path of sound waves to a home or business. To be considered effective, a noise barrier must reduce noise levels by at least 5 decibels. Diffracted Sound Direct /-. Homes, A apartments, schools, businesses, etc. Noise Source Noise Barrier Noise -Sensitive Receptor Can noise levels increase as sound waves pass over a noise barrier? No, noise levels do not increase as sound waves pass over a barrier. Noise levels are reduced the further the sound waves travel. Could trees be planted to block traffic noise? There is not enough space to plant the amount of and size of trees needed to reduce traffic noise. To effectively reduce traffic noise there needs to be room for at least 100 feet of dense evergreen trees that are 15 feet tall or more. Additionally, if trees are used to reduce traffic noise, they need to be maintained. The City of Richfield lacks the necessary resources to maintain trees or other vegetation. How is the location and height of the noise barrier determined? The City of Richfield studied various location options to determine the height, length and location which provides the greatest level of noise reduction. Do noise barriers affect property values? There have not been any studies that link property values to the presence of noise barriers. Where can I find more information about the project? Visit the City of Richfield's project website at: https://www.richfieldsweetstreets.org/learn#77th-street-underpass 4 Noise Barrier Ballot — Barrier D 77th Street Extension and TH 77 Underpass Project Owner Resident Owner/Resident Unit Address City, State Richfield, MN Please mark with an "X" one of the boxes below: Yes, I want the noise barrier No, I do not want the noise barrier ❑ By submitting this ballot, the voter acknowledges that this vote represents the owner's selection or the consensus selection of the owners or all of the residents. To make sure that your vote is counted, ballots should be completed and mailed back to the City (postmarked by November 23, 2018). Public Works Department January 31, 2019 Dear Owner/Resident: Re: Noise Barrier Voting Process - 2nd Notice The City of Richfield is continuing design for the 77th Street Extension and Trunk Highway (TH) 77 MAYOR Underpass project. This letter provides an update on the noise barrier voting process that was initiated in October 2018. The first round of voting ballots was mailed in late October and a meeting to discuss the PAT ELLIOTT potential noise barrier was held on November 8th. Less than 40 percent of all possible voting points from eligible voters was received after the first round of voting. Per MnDOT's Noise Policy, a second round of voting is required when less than 50 percent of all possible voting points are received in the first round. CITY COUNCIL EDWINA GARCIA The second round of voting for the noise barrier is underway. This is your last opportunity to vote on MICHAEL HOWARD whether you want or do not want the proposed noise barrier. A voting ballot and additional information about the potential noise barrier is enclosed. MARIA REGAN GONZALEZ SIMON TRAUTMANN Please return the completed ballot via the enclosed prepaid -postage envelop. If 25 percent or more of all possible points for a barrier are received after the second request for votes, then the outcome is determined by the majority of votes received. If less than 25 percent of total possible points for a noise barrier are CITY MANAGER received after the second request for votes, then the barrier will NOT be constructed. STEVEN DEVICH Completed ballots must be mailed to the City by March 4, 2019. If you have any questions related to the project, please contact me at 612-861-9791 or jpearson&richfieldmn. gov. Sincerely, Jeff Pearson City Engineer El ayuntamiento de Richfield continua con el proyecto de diseno del paso subterrkneo de la ampliacion de la calle 77 y de la autopista para camiones (TH) 77. Esta carta proporciona la ultima actualizacion sobre el proceso de votacion de la barrera acustica que se inicio en octubre de 2018. La primera remesa de papeletas de votacion se envio por correo a finales de octubre y se celebro una reunion sobre la posible barrera acustica el 8 de noviembre. Menos del 40 por ciento de todos los votos posibles de votantes elegibles se recibio tras la primera votacion. Segun la politica de ruidos de MnDOT, cuando se recibe menos del 50 por ciento de todos los votos posibles en la primera votacion, se necesita una segunda. La segunda votacion sobre la barrera acustica estd en marcha. Esta es su riltima oportunidad para votar sobre si quiere o no la barrera acustica propuesta. Una papeleta de votacion a informacion adicional sobre la barrera acustica vienen en este sobre. Las papeletas cumplimentadas deben enviarse al ayuntamiento antes del 4 de marzo de 2019. Por, favor, devuelva la papeleta cumplimentada por medio de este sobre de correos pre pagado, cerrado. Si se recibe el 25 por ciento o mks de todos los votos posibles a favor de la barrera tras la segunda convocatoria de votacion, el resultado to determina la mayoria de votos recibidos. Si se recibe menos del 25 por ciento del total de votos posible a favor de la barrera tras la segunda convocatoria de votos, entonces NO se construird la barrera. 1901 E. 66" ST, RICHFIELD, MINNESOTA 55423 612.861.9170 FAX: 612.861.9181 www.richfieldmn.gov AN EQUAL OPPORTUNITY EMPLOYER Why you are receiving this information The City of Richfield recently conducted a noise study along TH 77 between 75th Street and 77th Street and determined a noise barrier constructed along the west side of TH 77 and along the east side of Old Cedar Avenue would reduce the traffic noise level at your property, unit or business by at least 5 decibels. Vote on the proposed noise barrier Property owners and residents who will experience a 5-decibel reduction in noise as a result of a noise barrier can vote for or against the proposed noise barrier along the west side of TH 77, between 75th Street and 77th Street. How voting works You can vote for or against the noise barrier that affects your property, unit or business. MnDOT uses a weighted voting system to ensure residents and property owners are given appropriate influence on the outcome of the noise barrier. How much you influence the outcome of the noise barrier is based on how much your property/unit is affected by the noise barrier and whether or not you own the property/unit. Only the units in apartments/multi-family residential buildings that receive a 5 decibel reduction of noise get to vote. Businesses, churches and schools receive a vote equal to that of a property owner. The table above is an example of the voting system. Please see MnDOT's Noise Policy for additional information about the voting process: http://www.dot.state.mn.us/environment/noise/pdf/mndot- 2015-noise-policy. pd f If 50 percent or more of all possible voting points from eligible voters are received after the first request for votes, the majority of points (based upon the votes received) determine the outcome of the noise barrier. If less than 50 percent of the possible voting points for a barrier are received after the first request, a second ballot will be mailed to the eligible voters who did not respond. If 25 percent or more of all possible points for a barrier are received after the second request for votes, then the outcome is determined by the majority of votes received. If less than 25 percent of total possible points for a noise barrier are received after the second request for votes, then the barrier will NOT be constructed. If there is a tie, where there are equal numbers of points for and against a noise barrier, the noise barrier WILL be constructed. m �PPARTMENT OP �' TRANSPORTATION Proposed Noise Barrier What WIII the noise barrier look like? The noise barrier will be 20 feet tall, built with concrete posts and concrete panels. The visuals below are based on the information available as of October 2017 and should not be interpreted as an exact design for this project. Example noise barrier after construction Map showing proposed barrier location along with project location y -5 t : r -4 �• .. i AIL IM ..LI7 -' 4 2 i, ■ m. �PPARTMENT OF TRANSPORTATION COMPARISON OF NOISE LEVELS Measured in dB(A) 0 B-747-200 Takeoff* 60 Food blender at 3 feet Noisy urban daytime Normal speech at 3 feet Dishwasher in next room Quiet urban nightime Quiet rural nightime Threshold of human hearing * As measured along the takeoff path 2 miles from the overflight end of the runway Noise Barrier Frequently -Asked Questions Why is a noise barrier being proposed as part of the 77th Street Extension and TH 77 Underpass Project? The City of Richfield conducted a noise study along TH 77 between 75th Street and 77th Street to determine if noise barriers would reduce the level of noise in the community adjacent to the project. Currently, traffic noise along TH 77 exceeds the state's noise standards and a noise barrier would reduce the noise levels at certain locations in the community by at least 5 decibels. The City of Richfield is required to comply with the noise limit requirements set by the State of Minnesota (Rules Chapter 7030) and the Federal Highway Administration (23 Code of Federal Regulations 772). Why does the City of Richfield conduct noise studies? The City of Richfield assesses existing noise levels and predicts the future noise levels and noise impacts of the proposed project. If noise impacts are identified, the City of Richfield is required to consider noise mitigation measures, such as installing noise barriers. All traffic noise studies and analyses must follow the requirements established by federal law, Federal Highway Administration Noise Abatement Criteria, Minnesota Pollution Control Agency State Noise Standards, and MnDOT's Noise Policy and noise analysis guidance. How does the City of Richfield determine if a noise barrier is needed? Constructing a noise barrier must be feasible and reasonable. Feasibility and reasonableness are determined by cost, amount of noise reduction, safety and site considerations. Noise mitigation is not automatically provided where noise impacts have been identified. Decisions about noise mitigation are made on an individual case. When will the noise barrier be installed? The noise barrier would be installed as part of the overall construction project, which is anticipated to begin in 2019. How do noise barriers reduce noise? Noise barriers do not eliminate all noise. Noise barriers reduce noise by blocking the direct path of sound waves to a home or business. To be considered effective, a noise barrier must reduce noise levels by at least 5 decibels. Diffracted Sound Direct /-. Homes, A apartments, schools, businesses, etc. Noise Source Noise Barrier Noise -Sensitive Receptor Can noise levels increase as sound waves pass over a noise barrier? No, noise levels do not increase as sound waves pass over a barrier. Noise levels are reduced the further the sound waves travel. Could trees be planted to block traffic noise? There is not enough space to plant the amount of and size of trees needed to reduce traffic noise. To effectively reduce traffic noise there needs to be room for at least 100 feet of dense evergreen trees that are 15 feet tall or more. Additionally, if trees are used to reduce traffic noise, they need to be maintained. The City of Richfield lacks the necessary resources to maintain trees or other vegetation. How is the location and height of the noise barrier determined? The City of Richfield studied various location options to determine the height, length and location which provides the greatest level of noise reduction. Do noise barriers affect property values? There have not been any studies that link property values to the presence of noise barriers. Where can I find more information about the project? Visit the City of Richfield's project website at: https://www.richfieldsweetstreets.org/learn#77th-street-underpass 4 Noise Barrier Ballot — Barrier D 77th Street Extension and TH 77 Underpass Project Owner Resident Owner/Resident Unit Address City, State Richfield, MN Please mark with an "X" one of the boxes below: Yes, I want the noise barrier ❑ No, I do not want the noise barrier By submitting this ballot, the voter acknowledges that this vote represents the owner's selection or the consensus selection of the owners or all of the residents. To make sure that your vote is counted, ballots should be completed and mailed back to the City (postmarked by March 4, 2019). Noise Barrier D: Benefitted Receptor Voting Point Assignment Receptor Location Number of Units Points per Unit Total Voting Points Resident Voting Points Owner Voting Points R43 Duplexes on East Side of 18th Ave 6 3 18 6 12 R44 Duplexes on East Side of 18th Ave 6 3 18 6 12 R45 Common Area (Pool) for Apartment Complex on West Side of Cedar Ave Frontage Road 1 3 3 0 3 R45A Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45B Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45C Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45D Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45E Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45F Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45G Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45H Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R451 Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45J Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45K Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45L Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45M Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45N Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45O Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45P Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R45Q Apartment Balcony on West Side of Cedar Ave Frontage Road 1 3 3 1 2 R47 Apartment Complex on West Side of Cedar Ave Frontage Road 6 2 12 0 12 RT5 Trail Receptor NA 6 6 NA 6 RT6 Trail Receptor NA 6 6 NA 6 RT7 Trail Receptor NA 6 6 NA 6 Totals: 120 29 91 Noise Barrier D: Voting Results by Receptor and Address Receptor Address Unit Different Occupant? Round 1 Round 2 Owner Resident Owner Resident Yes No Yes No Yes No Yes No R43 7543 18th Avenue Richfield, MN 55423 NA No 2 1 R43 7545 18th Avenue Richfield, MN 55423 NA Yes 2 1 R43 17537 18th Avenue Richfield, MN 55423 NA Yes 2 1 R43 7535 18th Avenue Richfield, MN 55423 NA No 2 1 R43 7529 18th Avenue Richfield, MN 55423 NA Yes 2 R43 7531 18th Avenue Richfield, MN 55423 NA Yes 2 R44 7525 18th Avenue Richfield, MN 55423 NA No 2 R44 7527 18th Avenue Richfield, MN 55423 NA Yes 2 R44 7521 18th Avenue Richfield, MN 55423 NA Yes R44 7523 18th Avenue Richfield, MN 55423 NA Yes R44 7515 18th Avenue Richfield, MN 55423 NA Yes R44 7517 18th Avenue Richfield, MN 55423 NA Yes 1 R45 7544 Cedar Avenue Richfield, MN 55423 Common Area - Pool Yes 3 R45A 7544 Cedar Avenue Richfield, MN 55423 Unit 202 - Balcony on Cedar Ave. Yes 2 R45B 7544 Cedar Avenue Richfield, MN 55423 Unit 204 - Balcony on Cedar Ave. Yes 2 R45C 7544 Cedar Avenue Richfield, MN 55423 Unit 206 - Balcony on Cedar Ave. Yes 2 R45D 7544 Cedar Avenue Richfield, MN 55423 Unit 208 - Balcony on Cedar Ave. Yes 2 R45E 7544 Cedar Avenue Richfield, MN 55423 Unit 302 - Balcony on Cedar Ave. Yes 2 R45F 7544 Cedar Avenue Richfield, MN 55423 Unit 304 - Balcony on Cedar Ave. Yes 2 R45G 7544 Cedar Avenue Richfield, MN 55423 Unit 306 - Balcony on Cedar Ave. Yes 2 R45H 7544 Cedar Avenue Richfield, MN 55423 Unit 308 - Balcony on Cedar Ave. Yes 2 R451 7500 Cedar Avenue Richfield, MN 55423 Unit 102 - Balcony on Cedar Ave. Yes 2 R45J 7500 Cedar Avenue Richfield, MN 55423 Unit 104 - Balcony on Cedar Ave. Yes 2 R45K 7500 Cedar Avenue Richfield, MN 55423 Unit 106 - Balcony on Cedar Ave. Yes 2 R45L 7500 Cedar Avenue Richfield, MN 55423 Unit 202 - Balcony on Cedar Ave. Yes 2 R45M 7500 Cedar Avenue Richfield, MN 55423 Unit 204 - Balcony on Cedar Ave. Yes 2 R45N 7500 Cedar Avenue Richfield, MN 55423 Unit 206 - Balcony on Cedar Ave. Yes 2 R45O 7500 Cedar Avenue Richfield, MN 55423 Unit 302 - Balcony on Cedar Ave. Yes 2 R45P 7500 Cedar Avenue Richfield, MN 55423 Unit 304 - Balcony on Cedar Ave. Yes 2 R45Q 7500 Cedar Avenue Richfield, MN 55423 Unit 306 - Balcony on Cedar Ave. Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 1 Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 2 Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 3 Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 4 Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 5 Yes 2 R47 7600 Cedar Avenue Richfield, MN 55423 Unit 6 Yes 2 RT5 NA NA RT6 NA NA RT7 NA NA Total: 0 0 0 Noise Barrier D: Vote Summary Owner Voting Points: 91 Resident Voting Points: 29 Total Voting Points: 120 Round 1 Total Yes Points Received 47 Percent of total 39% Round 2 Total Yes Points Received 20I Percent of total 17% Combined Total Yes Points Received 67 Percent of total 56% Total Voting Points Eligible: 120 Round 1 Total Yes Points Received 47 Total No Points Received 3 Total Votes Received 50 Percent of Total Votes Received 42% Round 2 required as less than 50% of all possible votes were received Round 2 Total Yes Points Received 20 Total No Points Received 0 Total Votes Received 20 Percent of Total Votes Received 17% Rounds 1 & 2 Total Yes Points Received 67 Combined Total No Points Received 3 Total Votes Received 70 Percent of Total Votes Received 58% 25% of all possible votes received after Round 2, so outcome based on majority of votes received Final Results Majority of Votes Yes (67) APPENDIX D Affidavits of Publication and Certificate of Compliance 1. Affidavits of Publication 2. Certificate of Compliance AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Elise Strecker being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 04/04/2019 and the last insertion being on 04/04/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is 'm1the latter county. By. Designated Agent Subscribed and sworn to or affirmed before me on 04/04/2019 by Elise Strecker. Notary Public e . " I DARLENE MARIE MACPHERSON Notary Public Minnesota Catanis m Expires January 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 921627 CITY OF RICHFIELD NOTICE OF PUBLIC COMMENT AND OPPORTUNITY FOR A PUBLIC HEARING REGARDING THE EXTENSION OF 77TH STREET UNDER TRUNK HIGHWAY (TH) 77 AND MODIFICATIONS TO WASHINGTON PARK. This is to inform all interested persons that the City of Richfield proposes to improve 77th Street from just east of Bloomington Av- enue South to Longfellow Avenue. The project is funded by the Feder- al Surface Transportation program. An Environmental Assessment (EA) and Section 4(f) De minimis document have been completed. These documents were approved for circulation by the Federal High- way Administration (FHWA). Per- sons having comments concerning the improvement, including objec- tions to the basis of determination set forth in the EA and Section 4(f), are invited to provide their com- ments summarizing the specific basis for such opposition in writing. PROPOSED ACTION The proposed project includes the construction of a new segment of four -lane road connecting 77th Street to Longfellow Avenue. Con- structing the new segment of 77th Street will require the construction of new bridges carrying TH 77 over 77th Street and ramps for TH 77 and 1-494, reconstruction of two ramps, construction of Richfield Parkway, and construction of a multiuse trail and sidewalk. The proposed project will impact Section 4(f) property (Washington Park). In accordance with Section 6009 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Public Law 109-59, enacted Au- gust 10, 2005, the city is soliciting comments on the effects the proj- ect would have on Washington Park. The project will impact ap- proximately 3.69 acres (.22 acres permanently) of the 9.09 acre park. Impacts include the construction of a 10-foot-wide trail and a six-foot wide sidewalk along an extension of Richfield Parkway. The project will reconstruct a portion of the ex- isting trail that runs along the south side of the park, install a second soccer field, improve water drain- age and reconstruct the sledding hill. _ It is anticipated that the City of Richfield will request the FHWA to determine that the proposed action at Washington Park is a Section 4(f) de minimis action in accordance with Section 6009(a) of SAFE- TEA-LU. A de minimis finding may be made when uses of Section 4(f) land will have no adverse effect on the protected resources. PUBLIC COMMENTS Comments on the EA and Sec- tion 4(f) document are now being collected. Written comments on the documents may be submitted to Jeff Pearson, City Engineer at jpearson@richfieldmn.gov or at 6700 Portland Avenue South, Rich- field, MN 55423. Comments must be submit- ted on or before Saturday, May 4, 2019. Comments will become part of the official record and will be considered when making future project -related decisions. PUBLIC HEARING OPPORTU- NITY An opportunity for a public hearing for interested persons to appear and submit written or oral comments may be provided if writ- ten requests are submitted to Jeff Pearson on or before Saturday, May 4, 2019. If no requests for a hearing are submitted, a public hearing will not be conducted. If requests for a hearing are submit- ted, staff from the City of Richfield may meet with individuals who provided comments. if following a meeting, the individuals withdraw their requests in writing, the city may certify that the public hearing requirements have been satisfied. AVAILABILITY OF MATERIALS For further information regarding the project, please visit the City of Richfield website at http://www. dchfieldmn.gov/. Additionally, hard copies of the EA and Section 4(f) Document are available at the City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423. Published in the Sun Current April 4, 2019 921627 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 04/18/2019 and the last insertion being on 04/18/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:'/ i o,, Designated Agent Subscribed and sworn to or affirmed before me on 04/18/2019 by Darlene MacPherson. Iwo Notary Public Jessica L Crabb Notary Public Minnesota < p+.,,, ` Ny Commission Elq>ires January 31, 2023 a,. Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 926262 CITY OF RICHFIELD NOTICE OF PUBLIC COMMENT AND OPPORTUNITY FOR A PUBLIC HEARING REGARDING THE EXTENSION OF 77TH STREET UNDER TRUNK HIGHWAY (TH) 77 AND MODIFICATIONS TO WASHINGTON PARK. This is to inform all interested persons that the City of Richfield proposes to improve 77th Street from just east of Bloomington Av- enue South to Longfellow Avenue. The project is funded by the Feder- al Surface Transportation program. An Environmental Assessment (EA) and Section 4(f) De minimis document have been completed. These documents were approved for circulation by the Federal High- way Administration (FHWA). Per- sons having comments concerning the improvement, including objec- tions to the basis of determination set forth in the EA and Section 4(f), are invited to provide their com- ments summarizing the specific basis for such opposition in writing. PROPOSED ACTION The proposed project includes the construction of a new segment of four -lane road connecting 77th Street to Longfellow Avenue. Con- structing the new segment of 77th Street will require the construction of new bridges carrying TH 77 over 77th Street and ramps for TH 77 and 1-494, reconstruction of two ramps, construction of Richfield Parkway, and construction of a multiuse trail and sidewalk. The proposed project will impact Section 4(f) property (Washington Park). In accordance with Section 6009 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Public Law 109-59, enacted Au- gust 10, 2005, the city is soliciting comments on the effects the proj- ect would have on Washington Park. The project will impact ap- proximately 3.69 acres (.22 acres permanently) of the 9.09 acre park. Impacts include the construction of a 10-foot-wide trail and a six-foot wide sidewalk along an extension of Richfield Parkway. The project will reconstruct a portion of the ex- isting trail that runs along the south side of the park, install a second soccer field, improve water drain- age and reconstruct the sledding hill. It is anticipated that the City of Richfield will request the FHWA to determine that the proposed action at Washington Park is a Section 4(f) de minimis action in accordance with Section 6009(a) of SAFE- TEA-LU. A de minimis finding may be made when uses of Section 4(f) land will have no adverse effect on the protected resources. PUBLIC COMMENTS Comments on the EA and Sec- tion 4(f) document are now being collected. Written comments on the documents may be submitted to Jeff Pearson, City Engineer at jpearson®richfieldmn.gov or at 6700 Portland Avenue South, Rich- field, MN 55423. Comments must be submit- ted on or before Saturday, May 4, 2019. Comments will become part of the official record and will be considered when making future project -related decisions. PUBLIC HEARING OPPORTU- NITY An opportunity for a public hearing for interested persons to appear and submit written or oral comments may be provided if writ- ten requests are submitted to Jeff Pearson on or before Saturday, May 4, 2019. If no requests for a hearing are submitted, a public hearing will not be conducted. If requests for a hearing are submit- ted, staff from the City of Richfield may meet with individuals who provided comments. If following a meeting, the individuals withdraw their requests in writing, the city may certify that the public hearing requirements have been satisfied. AVAILABILITY OF MATERIALS For further information regarding the project, please visit the City of Richfield website at http://www. Hchfieldmn.gov/. Additionally, hard copies of the EA and Section 4(f) Document are available at the City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423. Published in the Sun Current April 11, 2019 926262 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION ... CERTIFICATE OF COMPLIANCE..... MINNESOTA PROJECT NO. STPF 2719(097) STATE PROJECT NO. SP 2768-82, SP 157-108- 035, and SP 157-594-003 TRUNK HIGHWAY NO. OR LOCAL AGENCY ROUTE NO.77th Street East (CSAH, WAS, other) Being that section of the highway between Bloomington Avenue and Longfellow Avenue (includes 78th Street and Old Cedar Avenue) AND TRUNK HIGHWAY NO. 77 OR LOCAL AGENCY ROUTE NO. ._._ fCSAH, WAS, Qthar) Being that section of the highway between 600 feet north of Interstate (1) 494 and_810 fleet north of 1-494 (includes Ramps 1 H and 1 G) in Hennepin County, the State of Minnesota. In conformance with the requirements of SECTION 128, TITLE 23, UNITED STATES CODE, the undersigned does hereby certify that `X— the public has been afforded an opportunity for a public hearing, or a public hearing was held and that consideration has been given to the social and economic effects of the project, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. The public was advised of the _X_ objectives of such a hearing, the procedures for requesting a hearing, the deadline for the submission of such a request, or time, place, and objectives of the hearing by notices published in news media having a general circulation within the area of said project. Affidavit(s) of such publication is (are) enclosed herewith. X_ The deadline date for the submission of a request for a hearing was May 2019, or The hearing was held on 20 _ in , Minnesota. (City, Township, Other) Signed this day of 20 Mn/DoDistrict�gineer ORSigned this , �;? da of } 20 Luca: Public Works Director `'' APPENDIX E Agency Comment Letters 1. Metropolitan Council 2. MnDOT 3. MPCA 4. US EPA May 1, 2019 Mr. Jeff Pearson, PE City Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE; 7711 Street Extension Environmental Assessment (EA) City of Richfield, MN Metropolitan Council Review No. 22248-1 Metropolitan Council District a Dear Mr. Pearson: The Metropolitan Council received the EA for the 771" Street extension to Longfellow Avenue, new bridges, ramp reconstructions, and construction of Richfield Parkway and multi -use trails on April 4, 2019 Council staff has conducted a review of this EA to determine its adequacy and accuracy in addressing regional concerns and the potential for significant environmental impact. Staff have concluded that the EA is complete and accurate and an Environmental Impact Statement (EIS) is not necessary. Council staff offer the following comments for your consideration. Item Vl.a -- Section 4(f) of the Transportation Act of 1966 (Colin Kelly, 651-602-1361) The EA acknowledges the project's proximity to the existing Nokomis -Minnesota River Regional Trail (formerly the Intercity Regional Trail) and a planned segment of the Nine Mile Creek Regional Trail in the "Secondary Need: Walkability/Bikeability" section on pages 11-12; details potential temporary impacts to the Nokomis -Minnesota River Regional Trail (formerly the Intercity Regional Trail) in the "Social, Economic and Fnvironmental (SEE) Impacts" section, "Intercity Regional Trail — Section 4(f) Temporary Occupancy" subsection on pages 21-23; includes a map of the Nine Mile Creek Regional Trail, Bloomington segment (Attachment A, Figure 11) operated by the Three Rivers Park District; and includes a map of Proposed Improvements (Attachment A, Figure 13), which depicts a new bicycle and pedestrian trail under TH 77 generally following the planned Nine Mile Creek Regional Trail corridor along 77th Street. Existing and planned Regional Parks System components are acknowledged, considered and planned for in the project area, and no permanent, adverse impacts are expected. Item Vl.f — Right of Way (Russ Owen, 651-602-1724) MnPASS lanes on TH 77 have been studied and, although not part of the fiscally constrained plan for the region, Council staff encourage consideration of MnPASS lanes in this project to ensure that they are not precluded. Item Vl.o - Water Poll ution/MPCA-NPDES (Roger Janzig, 851-602-1119) The active portion of Metropolitan Council Interceptor (3-BN-497) is located at the northern boundary of this proposed project, west of Highway 77; and the abandoned portion of this Interceptor runs through this project, west of Highway 77. The active portion of this interceptor was built in 1959 and is a 36 inch Reinforced Concrete Pipe at a shallow depth; and the - - F 4e!l� METROPOLITAN C 0 U N C I L abandoned portion was built in 1959 and is a 24 inch Cast Iron Pipe at a shallow depth. To assess the potential impacts to our interceptor system, prior to initiating any proposed project, preliminary plans should be sent to Tim Wedin, Engineering Services Assistant Manager (651- 602-4671) at the Metropolitan Council Environmental Services for review and comment. Item VII — Agency Coordination — Permits and Approvals Required (Jim Larsen, 651-602- 1159) The EA indicates that the proposed Project may require the relocation of one or more sanitary sewer lines in the vicinity of the Project. In accordance with Minnesota Statute Section 473.513, at the time the project proposer makes application to the Minnesota Pollution Control Agency (MPCA) for a permit to construct each new segment of sanitary sewer for the proposed project, a copy of the plans, design data, and a location map of the project will also need to be submitted to the Metropolitan Council. The Council's Environmental Services Division's Engineering Programs staff will need to review, comment, and issue a non -objection decision relative to issuance of the construction permit by the MPCA before connection can be made to the City's wastewater disposal system. Overall Transit Comments (John Dillery, 612-349-7773) In a letter dated March 91 2011, Metro Transit iterated the following transit -related benefits of this project: o Shorter deadhead trips to/from Metro Transit's South Garage from points west will reduce time and therefore, bus operation cost in many cases. o Re-routing of two daily cross-town bus lines, #515 and #540, to follow the new segment of 77th Street under State Highway 77 will; Increase bus service substantially to the southeast corner of the City (an area highlighted in the EA as having a concentration of low income and minority residents). ■ Improve the efficiency of operations at Metro Transit's South Garage by reducing deadhead time, allow operators to relieve operators at the garage. • The EA should reference these points in the summary section. + Consider adding the new bus stops to the map on Figure 13 as agreed to in detail as part of the TAG process. City staff have a record and location of the new bus stops agreed to at the intersection of 77th Street and Richfield Parkway and near the intersection of Richfield Parkway and 76th Street. This concludes the Coun6l's review of the EA. The Council will not take formal action on the EA at this time. If you have any questions or need further information, please contact Russ Owen, Principal Reviewer, at 651-602-1724. Sine rely Angela R. Torres, AICP, Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Molly Cummings, Council Member District 5 Russ Owen, Principal Reviewer, Metropolitan Council Raya Esmaeili, Reviews Coordinator N:lCommDevlLPAlComrnanitieslRichfieldtiLetterslRichfield 2019 EA 77th Street 22248-4.docx MIDEPARTMENT OF TRANSPORTATION April 30, 20 l9 Jeff Pearson, PE, City Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 SUBJECT: 771I' Street Extension and T1177 Underpass Environmental Assessment and Section 4(f) Evaluation MnDOT Review 4 EA 19-001 NW and NR quads of1-494 and TH 77 City of Richfield, Hennepin County Control Section 2785 Dear Mr, Pearson: Metropolitan DIstrict 1500 County Road B-2 West RoseviEle, MN 55113 Thank you for providing the above referenced documcnts for review. MnDOT's comments are provided below. Please note that MnDOT's review does not constitute approval ofa regional traffic analysis and is not a specific approval for access of now roadway improvements. We ask to continue to receive updated information as project plans are refined, and to be included in future project stakeholder meetings for this project. Project Conn irralion MnDOT is working closely with the City of Richfield coordinate the cartstruation phasing and traffic mitigation for this project with the adjacent Corridors of Commerce project to improve I-494 li•oi-A France Avenue South to Trunk Highway (TH) 77, The I-494 improvements are currently in the design phase, with alternative refinement and selection anticipated later this year. The project will include mobility improvements on 1-494 from just west ofthe 1-35W interchange to TH 77, Also, MnDOT is working with the City to coordinate work for two other major transportation projects in the area: the Orange Line bus rapid transit Knox Avenue underpass, and the resurfacing of MN 5 from M-N SS to 34`}' Avenue (which will affect motor vehicle access to Mirnicapo.lis-St. Paul International Airport Terminal One) in 2020. Please be in touch I-494 Project Manager Andrew Lutaya at Andrew.t.wayaQ)state.mn.us or bS 1-234-7563 for communication and questions abnut project coordination. MnPASS Lanes Planning for MnPASS lades on TH 77 to the south of 1-494 is ongoing. The Metropolitan Council's 2040 'Transportation Plan Policy designates TH 77 northbound from 138th Street to I-494 as a Tier 3 MnPASS corridor. Therefore, any construction within the 1-494/TH 77 interchange area an TH 77 should accommodate the addition of a future MnPASS lane to at least the mininnum design standard ser Forth in MnDOT Technical Memo I6-04-TS-01. Please bo in touch with MnPASS Policy and Planning Program Director Brad Larsen at r;Rdley.l..,arsen@state.mft.us or 651-2.34-7024 for related questions. An equal opportunity employer Page 2 of 2 Diwin age I'onding allocations for this project should bo coordinated with drainage facilities and management for the Corridors of Commerce I-494 from France Ave to TH 77 project referenced above. For questions regarding drainage, please contact Christopher Chatfield of MnDOT's Metro District Water Resources Section at 651-234-7365 or Christopher.Chatfield(&state.lr.n.us. Pei -mils Any other use of, work within, or impacts to MnDOT right-of-way will require a permit, All permit forms are available and may be submitted online at: i7ltps://dotapp7.dot.state.rnn.us/OLPA. Please direct questions regarding permits to Buck Craig of MnDOT's Metro Permits Section at 651-234-7911 or Buck.Craig wstate mn.us. Review Submittal Options MnDOT's goal is to review proposed development plans and documents within 30 days of receipt. Electronic file submittals are typically processed more rapidly. There are four submittal options: 1. Email documents and plans in PDF format to metrodevrev iews.dot o state.mn,us. Attachments may not exceed 20 megabytes per email. If multiple ernaiIs are necessar}F, number each message. 2, Upload PDF files) to MoDOT's external shared internet workspace site at: https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff at 17Yetrodevreviews.doi state.mn.us for access instructions and send an email listing the file name(s) after the document(s) has/have been uploaded. 3. Mail, courier, or hand deliver documents and plans in PDF format on a CCU -ROM compact disc to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, NON 55113 4, Submit printed documents via U.S. Mail, courier, or hand delivery to the address above. Include one set of full-size plans. You are wQlcorne to contact me at (651) 234-7745 with questions. Sincerely, M11 DOT David Elvin, AICP Principal Planner Dlgltaily signed by David Ervin ON: cn=David Elvin Date:2010A4.30 15.,43:31 -0110W Copy via E-Mali: Ruck Craig, Pen -nits Doug Nelson, Right -of -Way April Crockett, Area Manager Andrew Lutaya, Area Engineer Amber Blanchard, I-494 Project Nick Olson, Water Resources Christopher Chatfield, Water Resources Jeff Rones, Design Chad Erickson,'1'raffic Cameron Mahic, Multimodal Rylan Juran, Aeronautics Brad Larsen, MnPASS Natalie Ries, Noise Mitigation Carl Jensen, 'Transit Advantages Catherine Huebsch, State Aid Russell Owen, Metropolitan Council MINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North 15t. Paul, Minnesota 55155-4194 1 651-296.6300 800-657-3854 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer April 30, 2019 Jeff Pearson, PE City Engineer City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Re: 771h Street Extension and Trunk Highway 77 Underpass Environmental Assessment Dear Jeff Pearson: Thank you for the opportunity to review and comment on the Environmental Assessment (EA) for 7710 Street Extension and Trunk Highway 77 Underpass project (Project) in the city of Richfield, Hennepin County, Minnesota. The Project consists of construction of a new road connecting 77"'Street to Longfellow Avenue. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility or other interests, the MPCA staff has the following comments for your consideration. Traffic • The proposed Project will spur economic development and improve walkability, bikeability, and vehicle mobility and connectivity in an area with ongoing congestion problems. • The city of Richfield must prepare a detailed transportation management plan to manage all the expected traffic disruptions and detours during the final design of the proposed Project and provide commitment to monitoring and providing temporary improvements to those impacted intersections listed in the EAW. For questions regarding traffic issues, please contact Mehjabeen Rahman at 651-757-2191 or Mehiabeen.Rahman@state.mn.us. Hazardous Materials Regarding the demolition of the Motel 6 hotel property, the Project proposer should also consider recycling as much of the building materials as possible to reduce the volume of material disposed of in the landfill. If you have any questions regarding demolition issues or asbestos and lead paint abatement, please contact Kit Grayson at 218-302-6627 or Kit.Grayson@state.mn.us. We appreciate the opportunity to review this Project. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EA please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. - Sincerely, WWAA/-- Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division K K: bt c:c: Dan Card, MPCA, 5t. Paul Mehjabeen Rahman, MPCA, St. Paul Kit Grayson, MPCA, Duluth J��IE0 sr ;" <� s' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o Awl REGION 5 Z 77 ~NEST JACKSON BOULEVARD ��rQc PRa��c�10 CHICAGO, IL 60604-3590 APR 2 9 2019 REPLY TO THE ATTENTION OF - Ryan Hixon; Area Engineer Federal Highway Administration 380 Jackson Street, Suite 500 St. Paul, Minnesota 55101 Jeff Pearson, City Engineer City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Re: Environmental Assessment and Section 4(f) Evaluation for 77t' Street Extension, Richfield, Minnesota Dear Mr. Hixon and Mr. Pearson: The United States Environmental Protection Agency (EPA) has reviewed the Federal Highway Administration (FWHA)1 City of Richfield (City), Minnesota referenced Environmental Assessment (EA) and Section 4(f) Evaluation. We are providing comments pursuant to our authorities under the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500-1508).. and Section 309 of the Clean Air Act. The purpose of the project is: 1) to improve mobility and connectivity on the A Minor Arterial Reliever Network (77tb Street in the City of Richfield) for the area north of 1-494, and 2) provide motorized and non -motorized users connectivity across Trunk Highway 77 (TH 77). The City proposes to extend 77"' Street under TH 77 to connect to Longfellow Avenue. The EA identified preferred alternative includes the following elements: construct 0.36 mile of new four -lane road narrowing to two -lanes under TH 77; construct new TH 77 bridges and ramps for TH 77 and I- 494; reconstruct Ramps 1H and 1G; construct new two-lane divided roadway (Richfield Parkway) and parking lanes connecting 77"' Street to 76'l' Street; and construct trail and sidewalk. The National Climate Assessment finds that in the Midwest extreme heat, heavy downpours, and flooding will affect infrastructure and water quality.' It is important for FHWA and the City to consider the current condition and likely integrity of the project's physical infrastructure and its environmental impacts over the life of the proposed project. Stormwater Manap-ement: Proposed new roadways, parking areas. and sidewalks would increase impervious surface. Two new stormwater ponds, along with connecting piping and outlet ' U.S. Global change Research Program, 2019 Fourth National Climate Assessment, Volume II, available at: httpsa7nca20l 8.Qolbalchan6e.Qov! RecycIad/Recyctable v Printed with Vegetable Oil Based Inks on 1001/4 Recycled Paper (100% Post -Consumer) structures, are proposed to address drainage issues, including the sag point created by the proposed underpass. The EA identifies that localized flooding currently exists in the project area within Washington Park. While not part of this project, the EA discloses that the City will make drainage modifications, including a subsurface storage system, to improve conditions within Washington Park. Recommendations: When FHWA updates the EA we recommend the document identify how the project's environmental impacts may change with increases in average temperature and increases in the frequency and intensity of precipitation events. Identify whether the project's proposed stormwater ponds may be used to handle stormwater runoff from the future redesign drainage plans for Washington ]Park. If needed, incorporate resiliency and adaptation measures for this project. To better manage the quantity and quality of stormwater runoff, consider using permeable pavement for parking areas and sidewalks, and incorporate rain gardens as part of this project's design and the future redesign of Washington Park. See EPA's Adaptation Resource Center2 for additional information. The project area has a higher proportion of minority and low-income individuals than found within Hennepin County as a whole. Acquisition and Relocation: There are no residential relocations associated with the proposal. However, one business, Motel 6, would be acquired. Motel 6 has 25 to 50 workers. However, the EA does not identifv how the loss of Motel 6 might impact the economic status of the current workers. For example, do current Motel 6 workers walk to work or commute from outside the project area? If workers live in or near the project area, are there comparable jobs available in the project area? If not, does the City have a plan to help these workers find comparable or better employment? Would displaced workers be offered training and project construction jobs? Recommendation. EPA recommends the updated EA include an analysis of the potential economic impacts to Motel 6 workers due to the proposal and identify mitigation measures to compensate for impacts identified. For helpful information, see Environmental Justice Interagency Working Croup "Promising Practices,fbr EJ Methodologies in NEPA Reviews" available at: hops://www.epa.gov/enviommental justice/ej-iwg-promising practices-ei-methodologies-nepa-reviews. Noise Impacts / Noise Barrier: Preliminary analysis indicates one potential noise barrier would be considered both feasible and reasonable. The final disposition of the noise wall will be made based on property owner and resident feedback. The EA discloses a low response rate to the initial voting process on the noise wall. A second round of voting is currently underway. Recommendation: We recommend the updated EA disclose the results of the second voting process and the determination of whether a noise wall will be constructed. 2 EPA's Climate Adaptation Resource Center; available at: https:,?!vA-NAwA,.epa.aov'arc-k Because of the low initial citizen feedback, we recommend the City consider reassessing and, if needed, refine its public involvement/outreach efforts. For helpful information see "Promising Practices for EJ Methodologies in A EPA Reviews " recommended earlier. In addition to consideration of a noise wall, we encourage use of strategically placed vegetation to reduce noise and visual impacts. Construction Impacts 1 Air Quality: To protect air quality for the people who live near, work and/or play in the project area during construction, we recommend project proponents consider strategies to reduce diesel emissions, such as project construction contracts that require the use of equipment with clean diesel engines and limits on the length of time equipment idles when not in active use. EPA recommends idling not exceed five minutes. See the enclosed Diesel Emission Reduction Checklist for information regarding ways to reduce construction equipment diesel emissions. Thank you for the opportunity to review and comment on the EA. EPA requests a copy of PHWA's final NEPA determination when available. If you have any questions regarding our comments, contact lead NEPA reviewer Virginia Laszewski of my staff by phone: (312) b 86- 7501 or email: Iasze A ski.virginiarcUepa.Uov. Sincerely; Kenneth A. Westlake Deputy Director, Office of Multimedia Programs Office of the Regional Administrator Enclosure. Diesel Emission Reduction Checklist cc (email): Gary Reihl, Minnesota Department of Transportation, State Aid, MS 500, 395 John Ireland Blvd., Saint Paul, Minnesota 55155, aar'\-.reihlcaistate.mn.us. �1 ri l:, -S a,- tt L.S. »uviranmental. Protection Agency - Diesel Emission Reduction Checklist ® Use low -sulfur diesel fuel (15 ppm sulfur maximum) in construction vehicles and equipment. ® Retrofit engines with an exhaust filtration device to capture diesel particulate matter before it enters the construction site. * Position the exhaust pipe so that diesel fumes are directed away from the operator and nearby workers, reducing the fume concentration to which personnel are exposed. ® Use catalytic converters to reduce carbon monoxide, aldehydes, and hydrocarbons in diesel fumes. These devices must be used with low sulfur fuels. • Use enclosed, climate -controlled cabs pressurized and equipped with high efficiency particulate air (HEPA) filters to reduce the operators' exposure to diesel fumes. Pressurization ensures that air moves from inside to outside. HEPA filters ensure that any incoming air is filtered first. ® Regularly maintain diesel engines, which is essential to keep exhaust emissions low. Follow the manufacturer's recommended maintenance schedule and procedures. Smoke color can signal the need for maintenance. For example, blue/black smoke indicates that an engine requires servicing or tuning. Reduce exposure through work practices and training, such as turning off engines when vehicles are stopped for more than a few minutes, training diesel -equipment operators to perform routine inspection, and maintaining filtration devices. Repower older vehicles and/or equipment with diesel- or alternatively -fueled engines certified to meet newer, more stringent emissions standards. Purchase new vehicles that are equipped with the most advanced emission control systems available. ® Use electric starting aids such as block heaters with alder vehicles to warm the engine reduces diesel emissions. ® Use respirators, which are only an interim measure to control exposure to diesel emissions. In most cases, an N95 respirator is adequate. Workers must be trained and fit -tested before they wear respirators. Depending on work being conducted, and if oil is present, concentrations of particulates present will determine the efficiency and type of mask and respirator. Personnel familiar with the selection, care, and use of respirators must perform the fittesting. Respirators must bear a NIOSH approval number. Per EXecutiVe Order 1.3045 on Children's Health', EPA recommends operators and workers' pay particular attention to worksite proximity to places where children live, learn, and play, such as homes, schools, daycare centers, and playgrounds. Diesel emission reduction measures should be strictly implemented near these locations in order to be protective I Children may be more highly exposed to contaminants because they generally eat more food, drink more water, and have higher inhalation rates relative to their size. Also, children's normal activities, such as putting their hands in their mouths or playing on the ground; can result in higher exposures to contaminants as compared with adults. Children may be more vulnerable to the toxic effects of contaminants because their bodies and systems are not fully developed and their growing organs are more easily harmed. EPA views childhood as a sequence of life stages, from conception through fetal development, infancy, and adolescence. APPENDIX F EA Distribution List EA Distribution List Becky Balk Raymond Kirsch Environmental Health Division Randall Doneen Dan Card Annie Felix-Gerth Debra Moynihan Environmental Review Program Environmental Conservation Library Peter Fasbender Regulatory Branch Kenneth Westlake Local Planning Assistance Amanda Gronhovd Melissa Cerda Danny McCullough Chad Ellos Minnesota Department of Agriculture Minnesota Environmental Quality Board Minnesota Department of Health Minnesota Department of Natural Resources Minnesota Pollution Control Agency Minnesota Board of Water and Soil Resources Minnesota Department of Transportation Environmental Quality Board Hennepin County Library U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Metropolitan Council Office of the State Archaeologist Indian Affairs Council Three Rivers Park District Hennepin County Transportation Planning APPENDIX G MnPASS Communication Austin Hauf From: Nic Hentges Sent: Tuesday, June 4, 2019 3:43 PM To: Austin Hauf Subject: FW: TH 77 at 77th St Here is the email regarding the MnPASS lane from MnDOT. Nic 763.287.8523 From: Lutaya, Andrew (DOT) <andrew.lutaya@state.mn.us> Sent: Monday, June 03, 2019 11:25 PM To: Nic Hentges <nhentges@wsbeng.com> Cc: Carl Osberg <COsberg@wsbeng.com>; Crockett, April (DOT) <april.crockett@ state. mn.us>; Blanchard, Amber (DOT) <amber.blanchard@state.mn.us>; Larson, David (DOT) <david.larson@state.mn.us>; Radde, Jason (DOT) <jason.radde@state.mn.us>; Gronvall, Karl (DOT) <karl.gronvall@state.mn.us>; Blanchard, Amber (DOT) <amber.blanchard@state.mn.us>; Erickson, Daniel (DOT) <dan.erickson@state.mn.us> Subject: RE: TH 77 at 77th St Hi Nic, Thank you/WSB for following up on this matter. Given, the proposed bridges do not impede any future expansion of the highway (minimal costs to redo the wing walls), metro management has decided to not include any additional abutment work in the city's project. Thanks again Andrew Lutaya, P.E. West Area Engineer MnDOT — Metro Phn: 651-234-7563 From: Nic Hentges [ma iIto: nhentges@wsbeng.com] Sent: Tuesday, May 28, 2019 9:32 AM To: Lutaya, Andrew (DOT) <andrew.lutaya@state.mn.us> Cc: Carl Osberg <cosberg@wsbeng.com>; Crockett, April (DOT) <april.crockett@state.mn.us>; Blanchard, Amber (DOT) <amber.blanchard@state.mn.us> Subject: RE: TH 77 at 77th St Andrew, We were thinking the wider abutment would be constructed with the 771h Street project and when the MnPASS project starts that project would construct the additional beams and deck. If we did not construct that wider abutment with 771h street the MnPASS project would need to remove the wingwall, constructed with 77th Street, and extend the abutment by tying to the abutment built with 77th. Let me know if you need further information. Thanks. Nic Hentges, PE Project Manager 763.287.8523 (o) 1612.360.1286 (m) WSB I wsbeng.com ws bl This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission. If verification is required, please request a hard copy. From: Lutaya, Andrew (DOT) <andrew.Iutaya@state.mn.us> Sent: Sunday, May 26, 2019 4:43 PM To: Nic Hentges <nhentges@wsbeng.com> Cc: Crockett, April (DOT) <april.crockett@state.mn.us>; Blanchard, Amber (DOT) <amber.blanchard@state.mn.us> Subject: RE: TH 77 at 77th St Hi Nic, Clarifying question, is there (or no) interaction necessary or needed between the abutments as currently designed vs the future expansion to the east? In other words is it crucial to incorporate the $500K in abutment work so as to not impeded any future expansion? Andrew Lutaya 651-234-7563 APPENDIX H Negative Declaration RESOLUTION NO. RESOLUTION AUTHORIZING NEGATIVE DECLARATION ON THE NEED FOR AN EIS FOR SP 2758-82, SP 157-108-035, AND SP 157-594-003 AND APPROVAL OF DISTRIBUTION OF NOTICE OF DECISION WHEREAS, the City of Richfield is the Responsible Governmental Unit (RGU) for SP 2758-82, SP 157-108-035, and SP 157-594-003 (77th Street Project), herein referred to as the "project"; and, WHEREAS, an Environmental Assessment (EA) and Section 4(f) Evaluation has been prepared as part of the National Environmental Policy Act process to fulfill the requirements of 42 U.S.C. 4332, and has been circulated for review and comment; and, WHEREAS, based on the information contained in the 77th Street EA and Section 4(f) Evaluation and comments received on the EA and Section 4(f): The type and extent of environmental effects are similar to effects associated with other road construction projects, and the project does not have the potential for significant environmental effects. No cumulative potential effects of related or anticipated future project exist that would pose significant environmental effects. The anticipated environmental effects are subject to mitigation as required by ongoing regulatory authorities. The extent of environmental effects can be anticipated and controlled as a result of experience with other similar highway improvement projects with similar environmental effects; and WHEREAS, no regulatory reviewing agencies indicated a need for an EIS; and, WHEREAS, based on the criteria in Minnesota Rule 4410.1700 the project does not have significant environmental effects: NOW, THEREFORE, BE IT RESOLVED that the EA and Section 4(f) Evaluation for the project is adequate and a negative declaration is made on the need for an EIS. BE IT FURTHER RESOLVED that the City of Richfield City Council approves the distribution of the Notice of Decision documenting this decision. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2019. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk REPORT PREPARED BY: AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.B. STAFF REPORT NO.86 CITY COUNCIL MEETING 7/23/2019 Amy Markle, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Amy Markle, Recreation Services Director 7/15/2019 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: None Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of accepting the quotation of $225,000 to replace play equipment at Jefferson, Nicollet, and Taft Parks from Northland Recreation and authorize the Recreation Services Director to execute the quotation. EXECUTIVE SUMMARY: A Request for Proposal (RFP) was advertised to solicit proposals to replace the play equipment at Jefferson, Nicollet, and Taft Parks. Design preferences outlined in the RFP were gathered from residents at a series of neighborhood meetings conducted in the spring of 2019. The project is funded through the approved 2019 Capital Improvement Budget in the amount of $225,000. Four proposals were scored by staff and members of the Community Services Commission. The top scoring proposal unanimously was from Northland Recreation. The Community Services Commission approved the proposal received from Northland Recreation at their meeting on July 16, 2019. RECOMMENDED ACTION: By Motion: Accept the quotation of $225,000 to replace play equipment at Jefferson, Nicollet, and Taft Parks from Northland Recreation and authorize the Recreation Services Director to execute the quotation. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT A series of neighborhood meetings were scheduled throughout the spring of 2019 at the Richfield Municipal Center to gather input for the replacement of play equipment at Jefferson, Nicollet, and Taft Parks. Preferences gathered from the neighborhood meetings were incorporated in the attached RFP. The proposed project budget is $225,000 and includes all of the following: • Play equipment, installation, wood carpet installation, excavation & grading within the container. • Concrete Border. • Drain tile, initial grading, backfill, sod & seed, export unwanted fill. Scoring was completed on four proposals (see attached scoring summary). Scoring criteria included overall design, appeal to all ages, fitness value, inclusiveness, price, delivery, warranty and references. The scoring team included Commissioner Kevin Wendt, Adaptive Supervisor Ann Jindra, Maintenance Worker Jim Christian, Operations Superintendent Chris Link, and Recreation Services Director Amy Markle. The top scorer was unanimously Northland Recreation. B. POLICIES (resolutions, ordinances, regulations, statutes, etch For projects over $75,000, cities must require contractors to provide a performance bond and a payment bond. In addition, Minnesota Statute 471.425 requires that each contract between the government entity and a prime contractor to require the prime contractor to pay subcontractors within 10 days of receipt of payment from the government entity. This provision is included in the attachment to the proposal. Both of the requirements were included in the RFP. For projects ranging between $25,000 and $100,000, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described above, and in state statutes section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). C. CRITICALTIMING ISSUES: The play equipment is expected to be installed after Labor Day (2019), when students go back to school, causing less impact to playground users. D. FINANCIAL IMPACT: Funding for the new play equipment is included in the approved 2019 Capital Improvement Budget in the amount of $225,000. E. LEGAL CONSIDERATION: There are no legal considerations for this item. ALTERNATIVE RECOMMENDATION . Reject the quotation and delay the replacement of the play equipment. Direct the Community Services Commission to re -write the RFP and consider new proposals for next year. PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description ❑ Play Equipment RFP ❑ Scoring Summary ❑ Northland Design ❑ Northland Quote Type Backup Material Backup Material Backup Material Backup Material CITY OF RICHFIELD, MN 55423 RECREATION SERVICES DEPARTMENT REQUEST FOR PROPOSAL FOR DESIGN, SUPPLY & INSTALLATION OF PLAYGROUND EQUIPMENT AT Jefferson Park, Nicollet Park and Taft Park May 20, 2019 GENERAL GUIDELINES. A. Requests For Competitive Proposals. The City of Richfield is seeking competitive proposals from interested and qualified companies for the design, supply and installation of playground equipment at Jefferson Park, 6700 Thomas Avenue, Nicollet Park, 6300 First Avenue and Taft Park, 1800 East 63rd Street, Richfield, MN 55423. B. Owner and Submission Information. Interested companies should submit FOUR COPIES of their competitive proposals to: PROPOSAL FOR THE JEFFERSON PARK, NICOLLET PARK AND TAFT PARK PLAY EQUIPMENT REPLACEMENT", and shall be addressed to: Amy Markle, Richfield Recreation Services Director, 7000 Nicollet Avenue, Richfield, Minnesota 55423. Competitive proposals shall include all of the items set forth in Section II below. Any questions regarding this Request for Proposals should be directed to Amy Markle, Recreation Services Director at 612-861-9394. All proposals must be sealed and submitted to the Richfield Community Center at the above address by 10:00 a.m. on June 25, 2019. Late submissions will not be considered. All proposals must be accompanied by a certified check, cash deposit, or proposal bond equal to at least 5% of the amount of the total bid, made payable to the City of Richfield, Minnesota. II. PROJECT DESCRIPTION AND SCOPE. A. General Project Scope. The City of Richfield Recreation Services Department is seeking competitive proposals for the design, supply and installation of playground equipment for one existing play equipment replacement at Jefferson Park, Nicollet Park and Taft Park as defined in Section II B and C. B. Budget Design, supply and installation of new play equipment, concrete border (B-12 with minimum of 2 accesses- Taft Park only) with compacted base aggregate, wood fiber, fabric, drain tile (in container and to storm sewer), sand base, excavation & grading, finish sod, export unwanted sand & fill, freight, delivery and applicable sales tax shall not exceed the budget of $225,000 for all three parks. C. Design and Cost Proposals The Proposer shall provide a play equipment design suitable for the existing play container inn each park. Existing borders at Jefferson and Nicollet Parks are to be used. If Proposer deems modifications are necessary to the proposed container, these modifications should be clearly indicated on proposer's plans and the total cost of the modifications including items set forth in Section B shall not exceed the budget of $225,000 for all three parks. Proposers must only submit one design for each park. The Proposer should provide materials and installation of new play equipment, concrete border with compacted base aggregate, wood fiber, fabric, drain tile (in container and to storm sewer), excavation & grading, finish sod, export unwanted sand & fill, sand base (can use existing sand in container), as part of one base bid. Current concrete borders at Jefferson and Nicollet Parks are to be utilized. New concrete border at Taft Park is to be installed. Resilient surface shall be wood fiber to conform to all CPSC and ASTM guidelines. The City will dispose of excess concrete, sand, or woodchips. Equipment must meet the following guidelines: 1. Proposer must visit the site and take measurements of existing container to ensure CPSC distance guidelines; 2. Conform to all CPSC and ASTM guidelines for the equipment itself; 3. Conform to all proposed ADA requirements and IPEMA Certified. 4. Support posts must be powder -coated aluminum or steel, no metal slide surfaces or enclosed tunnels will be accepted, plastic components must be graffiti -resistant and have UV protection, other component features will be judged based on the design submitted; 5. Design for each park should include the following items: 2 JEFFERSON PARK • The main structure for Jefferson Park should be designed for 5 — 12 year -old children — include a combination: 0 Spiral slide and double slide 0 Roller slide or similar 0 Multi -person seated spinner 0 See saws 0 Balance feature 0 Overhead bars (monkey bars) 0 Musical and/or sound panel 0 Rock climbing experience. 0 At least one spring rider (vehicle or similar) 0 Arched and/or motion bridges. 0 2 benches in the container Do not include the following: nets, enclosed slides, tunnels or roofs. • The secondary structure for Jefferson Park (designed for 2-5 year -old children) for each park — include: o Creative playhouse or themed structure o Low reaching overhead ladder. • Swing Structures — include: o Four bay swing structure with one baby seat and three standard seats. o Tire swing o Include wear pads for each swing. NICOLLET PARK • The main structure for Nicollet Park should be designed for 5 — 12 year -old children — include: 0 Double slide 0 Spiral slide 0 Game panel 0 Musical panel 0 Pod jumpers 0 Motion bridges 0 Rock wall climbing experience. 0 Overhead bars (monkey bars) 0 Seated multi -person spinner 0 Spring rider (pirate themed) 0 2 benches in the container Do not include the following: nets, enclosed slides, tunnels, or roofs. • The secondary structure for Nicollet Park (designed for 2-5 year -old children) for each park — include: o Pirate themed structure o Sand table o Low reaching overhead ladder. • Swing Structures — include: 3 o Tire swings o Toddler swings o Include wear pads for each swing. hra:*aJilrl!4 • The main structure for Taft Park should be designed for 5 — 12 year -old children — include: 0 Double slide 0 Roller slide or similar, 0 Steering wheel panel 0 Tree climbing experience 0 Pod jumper 0 Arched and motion bridges 0 2 benches in the container 0 Overhead spinning feature 0 Seated spinning feature 0 At least one spring rider Do not include the following: nets, enclosed slides or tunnels, roofs, climbers with bars. • The secondary structure for Taft Park (designed for 2-5 year -old children) for each park — include: o Creative playhouse or themed structure o Low reaching overhead ladder. • Swing Structures — include: o At least a four bay swing structure with one toddler seat and three standard seats. o Tire swing o Include wear pads for each swing 6. Colors: • Jefferson Park — Natural • Nicollet Park - Natural • Taft Park — Brights/Neon 7. The shape and size of the existing areas will dictate the usability of some components. Visit each site and take your own measurements. 8. The vendor is responsible for the receipt of delivery of the equipment including with unloading and storage until installation. Storage on -site is permissible. 9. The successful Proposer must provide a performance bond and payment bond in an amount equal to the full amount of the contract. 10. The City will complete necessary removals of existing equipment. Each competitive proposal submitted should reflect, by line item, the cost for the design, 0 purchase and installation of play equipment components, including all applicable sales taxes, freight, and other costs associated with each piece of equipment. Costs should be broken down into logical categories to aid the City in evaluation and include: • All soft costs; including design, overhead, insurance, as well as all applicable sales taxes. • All hard costs; including all work and materials related to the installation of play equipment, drain tile, concrete curb and resilient surfacing. Please itemize installation costs. Each Proposer must submit the following with bid: • Written assurance that the safety surfacing and play area components meet all applicable U.S. Consumer Product Safety Commission Guidelines, ASTM standards, proposed ADA requirements, IPEMA Certification and other applicable state and federal requirements will be required from each Proposer prior to contract initiation. • Plan layout of design and catalogue(s) with proposed equipment and safety surfacing identified for review by staff. • Current warranty, insurance, and product specification information on all products and materials included in your proposal. • Written estimate of delivery and installation time frame. • Link to videos that show kids playing on components the vendor would like to highlight. A. Site Review Each Proposer must visit the site to become familiar with the play container. B . References Each Proposer shall provide a list of five municipal references. Each reference must include the name and address of the jurisdiction where the Proposer has installed equipment similar to the equipment proposed for this request, and the name and daytime telephone number of an individual, who still works for the jurisdiction, that the City can contact. Municipalities should be within the metropolitan area and the installation should not be more than five years old. C. Specifications Each proposal submitted shall clearly reflect post diameters and other specifications describing the type of materials provide in the proposal. III. EVALUATION AND SELECTION. A. Design Considerations The design proposed will be a key factor in the selection process. The City encourages innovative, interesting and exciting designs that will distinguish Richfield parks. All available color selections will be made by the City following the manufacture's standard color chart. B. Evaluation Criteria. The Selection Committee will evaluate and rank each proposal against the following criteria: 1. Overall Design 2. Appeal to All Ages 3. Fitness Value 4. Price 5 5. Degree of Inclusiveness 6. Delivery (including written verification of unloading and storage responsibility) and installation timeframe. 7. Warranty Provisions 8. Review/Inspection of previous installations and/or references. C. Contract and Insurance Requirements. The selected vendor will be required to enter into a contract with the City, provide the City with a performance bond and payment bond in an amount equal to the full amount of the contract to assure the timely performance and payment for the work proposed, and assure their availability to have the Project completed within September 3, 2019 and October 29, 2019. The City will not be responsible to store or secure play equipment materials prior to and including installation. Minnesota Statute 471.425 requires that each contract between the government entity and a prime contractor to require the prime contractor to pay subcontractors within 10 days of receipt of payment from the government entity. Insurance requirements include: Worker's Compensation Insurance: The Contractor shall take out and maintain, during the life of the contract, Worker's Compensation Insurance with a company that is lawfully authorized to do business in the State of Minnesota. Such insurance shall protect the Contractor, or Subcontractor or anyone directly or indirectly employed by any of them from claims under worker's compensation, disability benefit and other similar employee benefit acts. 2. Commercial/Comprehensive General Liability Insurance: The Contractor shall take out and maintain during the life of this contract Public Liability Insurance, Property Damage Liability, and Personal Injury Insurance with a company that is lawfully authorized to do business in the State of Minnesota. Such insurance shall protect the Contractor, Subcontractor, or anyone directly or indirectly employed by the Contractor or Subcontractor performing work covered by this contract from claims arising out of public liability, property damage, or personal injury including death, as well as claims for property damage which may arise out of work. The Contractor's policy shall list the City as an additional insured on a primary or non-contributory basis. The recommended minimum limits of insurance per project are: • General Aggregate $500,000 • Product -Completed Operations Aggregate $500,000 • Personal and Advertising Injury $500,000 • Per Occurrence (Bodily Injury & Property Damage) $500,000 3. Fire Insurance: The Contractor is responsible for insuring for fire, and extended coverage including vandalism and malicious coverage on the work included in the contract from the beginning of the work until final acceptance R of the completed project. The policies shall cover all work incorporated in the project and all material in place or stored at the site for installation against loss by fire and wind. This provision does not exclude material partially paid for by the Owner. This insurance shall be for the full insurable value of the material and shall be kept in full force until final acceptance of the work by the Owner. 4. Automobile Insurance: The Contractor shall take out and maintain during the life of the contract Automobile Insurance with a company that is lawfully authorized to do business in the State of Minnesota. The recommended minimum limits of insurance are $1,000,000 combined single limit (B1 & PD). All insurance referenced in paragraphs 1 through 4 shall be placed with companies acceptable to and approved by the City prior to the commencement of the work. The Contractor shall submit copies of the certificate with the City prior to commencement of the work. Certificates of insurance will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the City. The City shall be shown on the General Liability coverage as an "additional insured." Any proposals received with limits lower than those referenced above may still be considered for this project. D. Reservations and Other Considerations. The City of Richfield reserves the right to reject any or all proposals for reasons of safety, quality, quantity, design or other issues deemed important to the successful completion of the project. Any proposals exceeding the maximum funding or footprint on the site will be excluded. Proposal amounts will need to be effective for 45 days after the above deadline. 1. The City reserves the right to accept proposals based upon factors other than the lowest price as set forth in the evaluation criteria. 2. The City will not be responsible for any costs incurred by those submitting or preparing competitive proposals. At the request of the Proposer, proposals will be returned after the selection process has been completed and a vendor selected. 3. The City reserves the right to revise the scope of the project based on budget limitations and other relevant considerations. 4. Each Proposer must meet the City of Richfield contract requirements. The City reserves the right to reject proposals that cannot meet contract requirements. 7 SCORING TABULATION: PARK NAME DATE Finnegan Northland Webber Midwest Overall Design 30 21.8 27.1 10.0 22.8 Appeal to All Ages 20 15.4 19.1 8.5 18.1 Inclusiveness 20 6.8 12.7 4.7 10.3 Price 5 5 5 5 5 Delivery 5 5 5 5 5 Warranty 5 5 5 5 5 References 15 15 15 15 15 100 74 88.9 53.3 81.2 Overall Design Amy 72 79 27 70 Ann 80 85 15 65 Kevin 75 88 48 82 Ann F Jim C 1 1 451 701 301 50 Chris 1 551 851 301 75 AVERAGE 1 21.81 27.11 101 22.8 Appeal to All Ages Amy 51 56 28 51 Ann 75 60 25 60 Kevin 25 55 15 55 Ann F Jim C 1 301 551 30 45 Chris 1 501 601 301 60 AVERAGE 1 15.41 19.11 8.51 18.1 Inclusiveness Amy 17 46 26 35 Ann 20 35 10 40 Kevin 5 30 0 25 Ann F Jim C 1 1 301 401 15 30 Chris 30 40 20 25 AVERAGE 6.8 12.7 4.7 10.3 ice► +JFl� � r - _ _ r•� i 0 l� 21'6" 2-5 PLAY AREA • LOW RKAVIIING OVERHEAD LADDER ]•9LIDE3 J-ARCIIES .I. VILLAGE PLAY PANELS I• UA'PORWALK BALANCE BEAM I-JUNGLECLIMBER 48'8" Y .�.. Spin locker. 25'11" ExISTINOC1lN(R4TBBOJWCR 5' JEFFERSON PARK 5' 5' CITY OF RICHFIELD 5' 5-12 PLAY AREA-OMPONENTIS MAXIL AV Swim J KIL I GI .A I N - IHTrSHArANOINFWLlFNIRAII,>H R- SLIDES I -SPINNER +_ PP•�04 SwIN,: ROLLER.SLIDR SPIRAL SLIDE 1-H%LANCE FEATURE DOUBLE WIDE SLIDE KOS: ICESIIBLF SINGLE SIADP. I -C aALLENUB I - ARCHED BRIDUR OV-AIIEAD MONKEY BANS 347" 2 • BENCI PIS 1 - MJSIC PANEL !-CLIMBERS I•]" KOC'K CIIA L1,161,41K WA LL FIRE ESCAPE CLIMBhR PAN CLIMBER t- OROUND LEVEL PANELS AND LEO LIFT . gtlln NRIeL Playgrounds fun 6 "I' x,R iurMr. Nrsll.l liNl SUKI'M1l'I AY, 591911 2-3 PIAV AREA � 513„ MONKEY BARS ROUNDABOUT SET LOWER FOR C'IIALLENGIi NxxRB'IFl I:II TRANSFER SMAI LCHILDREN LADDER GIANT' STATION ROLLERSLIDB RIiSILIP.NI SURFACING 4VX ti1l JUNGLE LUMBER ,R(] I AR L'I r QUANTUM M l OT .�..��JJ SPIRAL SLIDE SLIDE GA.RWALK 0 Fl. O RIHS PLAY VILLAGE LIFT [I'ti11 J SPAT rM.VLA 1'1 IOUS[. SEAL I'ANLLu' 0 I'-,N'EL ,YIN I R]W'PANE FIRE nllUn SIDE 5 1TRA+ION SFHR [ h11 r PA Ilia Atf lilt SPIN ROCKER O SINGLE SLIDE WOODFIBER RESILIENT SURFACING F.XISTIN() CONCRETE BORDER 64qall I °+N� iDELOr`�RL I 143I611 I1KL(1W I( j ARCHED BRIDOK FAN DOUBLa CLIMDUR WIDE SLIaE WOODFIBKR RESI LRiNTSURFACING ■ - `="-A I I _ NICOLLET PARK 041STINO•All IWA, CITY OF RICHFIELD CV . lF1'd- 5 - 12 PLAY AR -EA Ia"" SLID .anr., .n ,i fiiYnn ,i 1- DounLE SLIDE 1-SPIRAL SLIDE • 1- 1-ACTIVITY PANEL W1 MAGICAL MUSIC INSERT I- ROSS ICE S I IELF BALANCE PODS MSTINO SIDEWAI.R n•%'^'e C kcau I -ARCHED BRIDGE I -NO EDGE R X CHALLENGE WALL „y 2.OV9;AfllwL1 LADDPJl3- ROUNDABOUT AND LOOP • ww • 1 - IU PERSON NF.W GENERAHON SPINNER inl�µ ain. 2-BENCIIHS ]9'6" 30- I-SLIDING POLE. 2. UNIQUE CLIMBERS - CULVERT CLIMBER AND INFINITY - 36' . •.�... L%JITINQ =11 WAIX 26' MIS ��. �• M.:TtI:�".�• ., PlAygiondf Poe ►1L hawr PIRATE SHIP "•�" •"• 2-SLIDES- ELBOW AND DOUBLE WIDIi 2 - CLIMBERS- JUNGLE AND POD CLIMBLR ...::�a'.I -CAYI AINS WHEEL I - SOLO SPIN SHIP WINDOW A" HULL PANELS . SHIP SAIL 30'S^ t re lb TAF T PARK b w CITY OF RICHFIELD- YY„•w�M� Nm � Fyl - 4TV 8'611 PLAY AREA RPSILIRNTSURPACINO / 5,120 SQ.FT N7R1'll M AXPLAI R-111.11 S LNITSWINO WI Ir1 A UL'LTSUATS ING%T(iLNGKATION 1 PF.W)N AND I TOT SEAT u u 6'dENCH ry y� Z NUMULGUEC• 111 SPRING RIDER SO' DO g W IDE GLIDE SINDLF. . �•�� SLIDE 40 ARCHEDURIDGE CYLINDER CUMDER M M TNANSYUN w STATION 9 SA I'Frp 16' 1NULC'LIMUEK PAN - PANLUL ('LIMNER WIIL'UL STF.PDS v 1'0 RING CIIALLENDE Kw li"Ih. µAS KIN 14 PPRSGY W'IURL WITN CIIUNI`NKIND I.P.O I ACC'ESSIB1.R SF.Aw$ LIFT 6 LIENTSURRF ' RESILIENT SFAGMG IIIIIIRII'1II IIIIIIDIIIIIIIIIIIII•y�11111 WY1 _ IUV[:I.E NII i: ' OATORWALK 1 LlydkR low fNANSFER X STATION u IV. IU.- I f iH1l1.R IIOKIYONI'AI C'USIOM E YILI.AUF 1 LIENTS SURFACING LOWERED 1R A'IF. T L'Wi111ANIMAL 22 RCSILIE IT SURFACING LDWRRED FDR SMALLER PA C.!IFWT PANx ',tf liI TON CHILDREN PANEL, ] i M AND 7 ANC'VI[s 46' little tikes Playgrounds Fun & Ea! Bill To: City of Richfield 7000 Nicollet Ave Richfield, MN 55423 Quote Date: 12/12/2017 Valid For: 30 Days PlayPower LT Farmington, Inc 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Northland Recreation LLC 10085 Bridgewater Bay "oodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) Project Name & Location: Ship To Address: Jefferson Park 6700 Thomas Avenue So. Part Description Number Qty Unit Price Custom Kid Builder Playstructure for the 5-12 play area and one custom PlayBuilder playstructure for the 2-5 play area. Includes swings, spinner, and benches. 245 Certified woodfiber resilient cu yds surfacing installed. Includes fabric, Draintile and rubber mats. 1 Old resilient surfacing removal 1 Installation of new play equipment. Notes: Make Purchase Orders Out To: PlayPower LT Farmington, Inc. Remit Purchase Orders To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 Totals: Equipment List: Products by Other: Installation: Estimated Sales Taz*: Freight: Grand Total: Make Checks Payable To: PlayPower LT Farmington, Inc. Remit Checks To: PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 Total 39,199.88 11, 392.80 7,440.00 17,654.87 $39,199.88 $ 11,392.80 $ 25,094.87 Not Included Included $ 75,687.55 6/19/2019 Page 1 of 3 little tikes Playgrounds Fun & Ems! Bill To: City of Richfield 7000 Nicollet Ave Richfield, MN 55423 Quote Date: 12/12/2017 Valid For: 30 Days PlayPower LT Farmington, Inc 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Project Name & Location Nicollet Park Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) Ship To address: 6300 1 s' Ave So Part Description Qty Unit Total Number Price 2 Custom Kid Builder Playstructures for the 5-12 and 2-5 play areas, Includes swings and spinners. Certified woodfiber resilient 325 surfacing installed. Includes fabric, cu yds draintile and rubber mats. 1 Old resilient surfacing removal 1 Installation of new play equipment Notes: Make Purchase Orders Out To: PlayPower LT Farmington, Inc. Remit Purchase Orders To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 Totals: Equipment List: Products by Other: Installation: Estimated Sales Tax*: Freight: Grand Total: Make Checks Payable —o: PlayPower LT Farmington, Inc. Remit Checks To.- PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 43,037.00 13,244.60 2,500.00 $18,850.00 $ 43,037.00 $ 15,744.60 $ 18,850.00 Not Included Included $ 75,131.60 6/19/2019 Page 1 of 3 a � little tikes N sLowilLUIR Playgrounds Fun & Ems! Bill To: City of Richfield 7000 Nicollet Ave Richfield, MN 55423 Quote Date: 12/12/2017 Valid For: 30 Days Part Number PlayPower LT Farmington, Inc 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 Northland Recreation LLC 10085 Bridgewater Bay Woodbury, MN 55129 (651) 815-4097 (phone) 014) 395-8538 (fax) Project Name & Location: Ship To Address: Taft Park Description 1800 EaEt 631 St. Qty Unit Price 1 Custom Kid Builder Playstructure for the 5-12 and Custom PlayBuilder for 2-5 Play Area Includes swings, spinner, spring rider and benches. Certified woodfiber resilient 255 surfacing installed. Includes fabric, cu yds Draintile,rubber mats and sod 1 Old resilient surfacing removal 1 Installation of new play equipment 309 I/f New concrete B-12 border Make Purchase Orders Out To: PlayPower LT Farmington, Inc. Remit Purchase Orders To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 Totals: Equipment List: Products by Other: Installation: Estimated Sales TaX*: Freig�t: Grand Total: Make Checks Payable . o: PlayPower LT Farmington, Inc. Remit Checks To: PlayPower LT Farmington, Inc. P.O. Box 204713 Dallas, TX 75320-4713 Total 32,430.70 12,650.20 3,850.00 $13,584.45 11,665.50 $32,430.70 $ 24,315.70 $ 17,434.45 Not Included Included $ 74,180.85 6/19/2019 'age 1 of 3 AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.C. STAFF REPORT NO.87 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 7/8/2019 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of the continuation of an agreement with the City of Bloomington for the provision of food, pools and lodging inspection services for Richfield for 2020. EXECUTIVE SUMMARY: The City of Bloomington and the City of Richfield have had a contract for over 30 years for Bloomington to provide inspection and enforcement services in the areas of food, beverage, lodging, and public swimming pools along with plan check work for food services to Richfield. The proposed contract for 2020 for these services will be $142,300, compared to the 2019 contract amount of $138,200. This is a 3% increase over the dollar amount paid to Bloomington in 2019. The increase is tied to increased benefit costs and staff salaries. RECOMMENDED ACTION: By motion: Approve the continuation of an agreement with the City of Bloomington for the provision of food, pools and lodging inspection services for Richfield for 2020. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Contained in the Executive Summary. B. POLICIES (resolutions, ordinances, regulations, statutes. etc) The City of Bloomington has sufficient resources to provide a professional level of inspection services to Richfield residents. Annual evaluations of their services have shown they are providing efficient services in a cost-effective manner. C. CRITICALTIMING ISSUES: N/A D. FINANCIAL IMPACT: A 3% budget increase has been communicated to Richfield by Bloomington so the amount of $142,300 has been captured in Richfield's 2020 budget. E. LEGAL CONSIDERATION: The City Attorney has reviewed the contract and has approved of it and its contents. ALTERNATIVE RECOMMENDATION(Sl: The Council could decide to have Richfield provide its own food service inspections, beverage and lodging and the public swimming pools inspections and plan to check food services; however, the State would have to approve this change and would likely be concerned about staffing, response and capacity issues. The cost of hiring the necessary staff to provide the same level of services and administrative support would be more that the current expenditures and would require a significant budget increase. PRINCIPAL PARTIES EXPECTED AT MEETING: ATTACHMENTS: Description Type ❑ 2020 Food, Pools & Lodging contract Cover Memo AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON, MINNESOTA AND RICHFIELD, MINNESOTA FOR INSPECTIONS OF FOOD & BEVERAGE, LODGING, THERAPEUTIC MASSAGE, & BODY ART ESTABLISHMENTS AND INSPECTIONS OF PUBLIC SWIMMING POOLS This Agreement is made this day of , 2019, by and between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue, Richfield, Minnesota 55423 (hereinafter referred to as "Richfield") and the City of Bloomington, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as 'Bloomington"). WHEREAS, Richfield is authorized and empowered to provide for various types of environmental health inspections and code enforcement to ensure the public health, welfare and safety; and WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of such services be performed by Bloomington on behalf of Richfield; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this Agreement shall be from January 1, 2020 through December 31, 2020, subject to termination as provided in paragraph 6. 2. For the term of this Agreement, Bloomington shall provide the following services: a. Food establishment inspections and code enforcement as necessary. "High risk" food service establishments (license types I and II) and schools will be inspected a minimum of two (2) times per year. ii. "Medium risk" food establishments required to have a certified food manager (license type III) will be inspected two (2) times per year. iii. "Medium risk" food establishments not required to have a certified food manager (license type IV) and "Low risk" (license type V) food establishments will be inspected one (1) time per year. b. Plan check and preopening construction inspections for new and remodeled food, lodging, therapeutic massage and body art establishments. c. All public swimming pools inspected at least once (1) per year with a goal of two (2) inspections per year. This is in addition to an opening inspection of all outdoor public pools at the beginning of the summer swimming season. d. All lodging establishments inspected at least once (1) per year. e. All therapeutic massage and body art establishments inspected at least once (1) per year. f. Investigation and resolution of complaints associated with food, lodging, therapeutic massage and body art establishments and public swimming pools. 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Sections 617, 618, 619, 630 and 1188, and other applicable policies and ordinances as established by Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. 5. In 2020, Richfield shall pay Bloomington the sum of ONE HUNDRED FORTY TWO THOUSAND, THREE HUNDRED AND NO/100 DOLLARS ($142,300.00) for services provided pursuant to this Agreement. One-half of this amount shall be due on June 30, 2020, and the remainder shall be due on November 30, 2020. 6. Either party may terminate this Agreement as follows: a. Upon the expiration of ninety (90) days after service of written notice upon the other party; or b. At any time, upon mutual agreement of the parties. 7. In the event of a termination prior to December 31, 2020, a monthly prorata reduction of the compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on the Agreement at the time of termination. 8. To the fullest extent allowed by law, Bloomington agrees to defend, indemnify and hold harmless Richfield, and its officers, officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Bloomington's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Bloomington, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 9. To the fullest extent allowed by law, Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officers, officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Richfield's performance of the duties required under this Agreement, provided that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Richfield, its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 10. Bloomington shall carry municipal liability insurance in the amount of at least $500,000 per individual and $1,500,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured on Bloomington's municipal liability policy and a certificate of said insurance shall be provided to Richfield upon request. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to Richfield upon request. 11. Any employee assigned by Bloomington to perform its obligations hereunder shall remain the exclusive employee of Bloomington for all purposes including, but not limited to, wages, salary and employee benefits. 12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield elevated blood lead case management and enforcement. Such services shall be paid for by Richfield at the hourly rate of $62.00 per hour plus the direct cost of all laboratory sample analysis, and said hourly rate shall be separate from, and in addition to, the payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain applicable with respect to the lead assessment services being provided. 13. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Bloomington as the agent, representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an independent contractor with respect to all services performed under this contract. Bloomington represents that it has, or will secure at its own expense, all personnel required in performing services under this contract. Any and all personnel of Bloomington or other persons, while engaged in the performance of any work or services required by Richfield under this contract, shall not be considered employees of Richfield. Any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of Bloomington personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against Bloomington, its officers, officials, agents, or employees shall in no way be the responsibility of Richfield. Bloomington shall defend, indemnify and hold Richfield, its guests, invitees, members, officers, officials, agents, volunteers, representatives and/or subcontractors harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Bloomington personnel and other persons working on its behalf shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensations, Unemployment Compensation, disability, severance pay and PERA. 14. The books, records, documents, and accounting procedures of Bloomington relevant to this Agreement, are subject to examination by Richfield and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5. 15. This Agreement represents the entire Agreement between Bloomington and Richfield and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 4 16. Bloomington and Richfield agree to comply with the Americans with Disabilities Act (ADA) including all applicable provisions of Title II — Public Services and in accordance with 28 C.F.R. Part 35 Subpart B — Section 35.130 of the US Department of Justice Regulations, Section 504 of the Rehabilitation Act of 1973 (Section 504), and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by Bloomington. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. Bloomington agrees to utilized its own auxiliary aid or service in order to compny with ADA requirements for effective communication with people with disabilities. Richfield has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by 28 C.F.R. Part 35 Subpart B - Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. 17. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue South; Suite 100, Minneapolis, Minnesota, 55405. The parties shall decide whether mediation will be binding or non -binding. If the parties cannot reach agreement, mediation will be non -binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statutes of limitations. 18. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. DATED: DATED: CITY OF BLOOMINGTON BY: Its Mayor BY: Its City Manager Reviewed and approved by the City Attorney. City Attorney DATED: DATED: CITY OF RICHFIELD mm Its Mayor Its City Manager 6 AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.D. STAFF REPORT NO.88 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 7/12/2019 OTHER DEPARTMENT REVIEW: N/A CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a Temporary On Sale Intoxicating Liquor license for the Church of the Assumption, located at 305 77th Street East, for their annual festival taking place August 17-18, 2019. EXECUTIVE SUMMARY: On July 5, 2019, the City received application materials for a Temporary On Sale Intoxicating Liquor license for the Church of the Assumption located at 305 77th Street East, for their annual festival taking place August 17-18, 2019. They will serve strong beer and wine coolers on August 17, 2019 from 5:00 p.m. to 11:00 p.m. and on August 18, 2019 from 11:00 a.m. to 5:00 p.m. The Church of the Assumption will be serving the alcoholic beverages from a beer truck located on their property. A map was included with the application showing where the beer truck would be placed. Their staff will be asking for I Ds and provide hand stamps to monitor alcohol serving. No other intoxicating liquor beverages will be permitted. The Church of the Assumption will be providing food and they have contacted food sanitarians from the City of Bloomington to ensure proper food handling practices are followed. The Director of Public Safety has reviewed all required information and documents and has found no basis for denial. RECOMMENDED ACTION: By motion: Approve the issuance of a Temporary On Sale Intoxicating Liquor license for The Church of the Assumption, located at 305 77th Street East, for their annual festival taking place August 17-18, 2019. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT The applicant has satisfied the following requirements for the issuance of this license: • The required licensing fee has been paid. • Proof of liquor liability insurance has been provided showing The Catholic Mutual Relief Society of America affording the coverage. B. POLICIES (resolutions, ordinances, regulations, statutes. etc) • Richfield City Code Section 1202.05 requires all applicants to comply with all of the provisions of this code, as well as the provisions of Minnesota Statute Chapter 340A. C. CRITICALTIMING ISSUES: • There are no critical timing issues. D. FINANCIAL IMPACT: • The required licensing fees have been received. E. LEGAL CONSIDERATION: • There are no legal considerations. ALTERNATIVE RECOMMENDATION . • The Council could deny the approval of the Temporary On Sale Intoxicating Liquor license for The Church of the Assumption. This would mean the applicant would not be able to serve into)acating alcohol, wine or 3.2 percent malt liquor; however, Public Safety has not found any basis for denial. PRINCIPAL PARTIES EXPECTED AT MEETING: The Church of the Assumption staff has been notified of the date of this meeting. AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.E. STAFF REPORT NO.89 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Amy Markle, Recreation Services Director DEPARTMENT DIRECTOR REVIEW: Amy Markle, Recreation Services Director 7/15/2019 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the approval of a two-year use and indemnification agreement between the City of Richfield and Tom Price for the use of a 4,690 square -foot strip of land along the edge of Lincoln Field. EXECUTIVE SUMMARY: Mr. Price, owner of the manufactured home park Woodlawn Terrace, has rented the northern ten feet of the Lincoln Athletic Complex for many years for purposes of accommodating five larger units. The City rents out the property through a use and indemnification agreement that has been renewed every two years since 1997. The current agreement expires on July 31, 2019 and staff has negotiated a new agreement and rental rate. Mr. Price has agreed to pay rent in the amount of $4,773 payable in two installments: $2,351 on or before November 15, 2019 and $2,422 on or before August 1, 2020. The lease amount remains the same as the previous two-year cycle. RECOMMENDED ACTION: By Motion: Approve a two-year use and indemnification agreement between the City of Richfield and Tom Price for the rental of a 4,690 square -foot strip of land along the edge of Lincoln Field. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • Mr. Price has leased the strip of land for many years and has agreed to two-year lease agreements since 1997. B. POLICIES (resolutions, ordinances, regulations, statutes. etc) • By policy, the City Council reviews, considers, and executes all City contracts, including lease renewals. C. CRITICALTIMING ISSUES: • The arrangement has been revisited every two years. The City does not have an immediate need for the land. The current two-year lease agreement expired on July 31, 2019. D. FINANCIAL IMPACT: • Mr. Price has agreed to pay rent in the amount of $4,773 payable in two installments: $2,351 on or before November 15, 2019, and $2,422 on or before August 1, 2020. E. LEGAL CONSIDERATION: • The Agreement was reviewed by the City Attorney. • The City has a number of provisions to terminate the Agreement, including if Mr. Price should decide to sell his property. ALTERNATIVE RECOMMENDATION . • Do not approve the Agreement with Tom Price for the strip of land at Lincoln Field. PRINCIPAL PARTIES EXPECTED AT MEETING: Tom Price, Woodlawn Terrace Owner ATTACHMENTS: Description Type Agreement Backup Material USE AND INDEMNIFICATION AGREEMENT CITY OF RICHFIELD AND THOMAS PRICE THIS USE AND INDEMNIFICATION AGREEMENT (the "Agreement") is made as of July 23, 2019, by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THE N 10 ACRES OF NW 1 &4 OF SW 1 &4 AND THE N 4 FT THAT PART OF THE NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and in consideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2019, and terminating July 31, 2021 for a fee of $4,773 payable in two installments: $2,351 on or before November 15, 2019 and $2,422 on or before August 1, 2020. 2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair the City Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers, servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. 0723 Tom Price Agreement.doc (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of $1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price. The City shall be named as an additional insured on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, 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 Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Price's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. (f) On or before the expiration date or the effective date of termination of this Agreement, Price shall remove all structures from the City Property and restore the City Property with fully established sod. (g) Price agrees to make no claim against the City for damages which Price may suffer as a result of the City's termination of this Agreement. (h) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal, state, or local law, rule, or regulation. (i) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions in paragraph 4(e) hereof. 0) In the event that the use of the City Property under this Agreement renders the City Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. (k) This Agreement may be extended by the parties from time -to -time and upon such terms as they shall mutually agree to. (1) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 23rd day of July, 2019. CITY OF RICHFIELD By Maria Regan Gonzalez Its Mayor And Katie Rodriguez Its City Manager Thomas Price AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.F. STAFF REPORT NO.90 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Logan Vlasaty, Project Engineer DEPARTMENT DIRECTOR REVIEW: Chris Link, Acting Public Works Director 7/16/2019 OTHER DEPARTMENT REVIEW: N/A CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the adoption of a resolution authorizing the purchase of three temporary construction easements and three permanent right-of-way easements at 6999 Lyndale Ave S, 6645 Lyndale Ave S and 6749 Lyndale Ave S as related to the Lyndale Ave Reconstruction Project. EXECUTIVE SUMMARY: As part of the project, certain temporary and permanent right -of way easements must be acquired for construction. Permanent right-of-way and temporary construction easements are sometimes needed in order to implement major infrastructure projects and facilitate the construction thereof. Property owners receive compensation for both types of easements but for temporary construction easements the area remains under their ownership after construction is complete. The three previously mentioned properties have accepted the offer to purchase and completed the necessary paperwork to finalize the transaction. In order for the easements to become effective, City Council must approve the resolution authorizing payment to the property owners in the agreed upon amounts. RECOMMENDED ACTION: By motion: Adopt a resolution authorizing the purchase of three temporary construction easements and three permanent right-of-way easements at 6999 Lyndale Ave S, 6645 Lyndale Ave S and 6749 Lyndale Ave S as related to the Lyndale Ave Reconstruction Project. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT • The City Council approved the Lyndale Ave Reconstruction Project final design on April 9, 2019. • Permanent right-of-way and temporary construction easements are sometimes needed in order to implement major infrastructure projects and facilitate their construction. • These 3 easements are necessitated by the larger footprint of the new roundabouts compared to the footprint of the existing roadway design. • The value of the easements are determined via negotiation between a real estate appraisal firm and the property owners following standard appraisal practices. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • The city has authority to acquire easements through an 'offer to purchase" and if no agreement can be reached the city can acquire property though eminent domain for public purposes. • The subject properties have been identified as requiring easement purchase for the Lyndale Ave Reconstruction Project. C. CRITICALTIMING ISSUES: • Timely payment for and acquisition of the easements will allow construction to continue progress as planned in through 2019. D. FINANCIAL IMPACT: • 6999 Lyndale Ave S (PI D: 27-028-24-33-0001) requires a temporary construction easement payment of $835.00 and a permanent easement of $8,363.00 for a total of $9,200.00 (rounded to the nearest $100). • 6645 Lyndale Ave S (PID: 27-028-24-32-0127) requires a temporary construction easement payment of $500.00 and a permanent easement of $8,000.00 for a total of $8,500.00. • 6749 Lyndale Ave S (PID: 27-028-24-32-0054) requires a temporary construction easement payment of $416.15 and a permanent easement of $870.00 for a total of $1,300.00 (rounded to the nearest $100). • Funding for the purchase of the easements required for the construction of the Lyndale Ave Reconstruction Project will be provided by City funds as part of the overall project costs. E. LEGAL CONSIDERATION: • The City Attorney will be available at the meeting to answer questions. ALTERNATIVE RECOMMENDATION . • None PRINCIPAL PARTIES EXPECTED AT MEETING: None ATTACHMENTS: Description ❑ 6999 Lyndale Documents ❑ 6645 Lyndale Documents ❑ 6749 Lyndale Documents ❑ Resolution Type Backup Material Backup Material Backup Material Resolution Letter Resolution Authorizing Sale of Lyndale Ave. Permanent Easement and Temporary Easement WHEREAS, School District No. 280 in Hennepin County, State of Minnesota, is the owner of the property at 6999 Lyndale Ave. S in Richfield, Minnesota. WHEREAS, School District No. 280 Board received an offer to purchase Permanent Easement and a Temporary Construction Easement from the City of Richfield for the Lyndale Ave. S. road project. WHEREAS, The total offer to purchase is in the amount of $9,200.00 NOW, THEREFORE, BE IT RESOLVED that the school board authorizes the sale of the described Pennanent Easement and Temporary Construction Easement. NOW, THEREFORE, FURTHER BE IT RESOLVED the school district is prepared to proceed with the sale of the Permanent Easement and Temporary Construction Easement by signing the required Permanent Easement and Temporary Construction Easement documents and that Dr. Steven Unowsky , the Sup-crintendent and (print name) (print title) Craig Holje , the Chief Human Resources and Admin. Officer (print name) (print title) are �h7ed to sign said documents for and on behalf of the school district. (signature) (signatu JA I, J-0 �" 'As � YyA e o' cl, , the C t ey' k for (print name) (print title) School District No. 280, Hennepin County, State of Minnesota, do hereby certify that the above is a true and full copy of a resolution duly adopted by the School Board of said School District assembled in regular session on the 10 day of Swv1C' , 2019. School District No. 280 (::�L Its: � 1 le r I Memorandum of Understanding for Settlement City of Richfield Lyndale Ave. Project Fee Owner: School District No. 280 Property Address: 6999 Lyndale Ave. S. PIN: 27-028-24-33-0001 On this Zz ,day of -ZI•-. -%�Q. , 20 cL, School District No. 280, Owners of the above described parcel of property located in the County of Hennepin, State of Minnesota, did execute and deliver a conveyance of real estate to the City of Richfield. It is hereby acknowledged and agreed upon between the parties that: The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owner understands and acluiowledges that the Agent for the City of Richfield has no direct, indirect, present, or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in fiill compensation for the conveyance of said property, the City of Richfield shall pay the Owner the sum of Nine Thousand Two Hundred and no/100 dollars $9 N0.00 for easement(s) and damages. Permanent Easement $8,363.00 Tcmporaa Easement $ 835..00 Rounded Total $9,200.00 In the event of a clerical error, Grantor, whether one or more, agrees to cooperate in correcting the error including but not limited to resigning all documents. City of Richfield Date: 3 �� By: Vi0.514Pao: �r+cer School District No. 280 Date: By: lJnbl �uPe'61-41C101.1 ts: Date: 6441 By: _ Its: 162 �. 77Q Y AW—e. 0f �•�--a TEMPORARY CONSTRUCTION EASEMENT City of Richfield Lyndale Ave. Project FOR VALUABLE CONSIDERATION, Independent School District No. 280, a political subdivision of the State of Minnesota, Grantor, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, a temporary easement for construction purposes for work space, construction operations and to grade and construct slopes both cuts and fills associated with construction or reconstruction of a public roadway, trail and pedestrian facilities, together with all other rights necessary and convenient for the enjoyment and use of same, over, under and across the real property situated in Hennepin County, the State of Minnesota as described, to wit: See attached Exhibit A Temporary easement shall start June 11, 2019 and expire July 1, 2020. Grantor hereby agrees that all earthen material, other material, trees and vegetation excavated, removed or taken by Grantee from within said temporary easement shall become the property of Grantee. Upon restoration of disturbed areas per plans and specifications determined by Grantee, Grantor does hereby release Grantee from any claims or damages resulting from the construction of said slopes associated with the road project and all work in connection therewith. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this ■ I-r day of 4 -1 e ,2019. Independent School District No. 280 <A-6A,kj Z�q%'Z Its v r ^ A Ww ►c' _ STATE OF M SS. COUNTY OF �4,ty, y, e- � } On this L `--i day of _ �r t,rl.4 , 20 111, before me, a Notary Public within and for said County, personally appeared 5+,f v er, U'LOL' S K-4 and i- f of t o (Print Name) J (Print NAic) to me personally known, who by me duly sworn did say that they are the SI.LDet-c, d e�fi and C: k: e -r- t+ '. ,�►-►'�,! i (title) (title) of Independent School District No. 280, a political subdivision of the State of Minnesota, named in the foregoing instrument, and that they are authorized to sign said instrument as the free act and deed for and on behalf of Independent School District No. 280. (Seal) "'' LYNN R. OPATZ Notary Public L�''�' Nota Public-Minnesota '�3' My Commission Expires Jan 31, 2020 My Commission Expires Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 Exhibit A A temporary easement for construction purposes over, under and across that part of the herein described Parcel A, described as follows: Commencing at the southeast corner of Government Lot 1 of Section 28, Township 28 North, Range 24 West of the 4th Principal Meridian, Hennepin County, Minnesota; thence on an assumed bearing of South 89 degrees 08 minutes 04 seconds West along the south line of said Government Lot 1, a distance of 140.23 feet; thence North 11 degrees 16 minutes 11 seconds West, a distance of 33.55 to the north right-of-way line of 70th Street West, being the north line of the south 33.00 feet, as measured at a right angle, of said Government Lot 1 and the point of beginning of the easement to be described; thence continuing North 11 degrees 16 minutes 11 seconds West, a distance of 10.92 feet; thence South 63 degrees 45 minutes 09 seconds East, a distance of 23.56 feet to said north right-of-way line; thence South 89 degrees 08 minutes 04 seconds West along said north right-of-way line, a distance of 19.00 feet to the point of beginning. AND A temporary easement for construction purposes over, under and across that part of the herein described Parcel A, described as follows: Commencing at the southeast corner of Government Lot 1 of Section 28, Township 28 North, Range 24 West of the 4th Principal Meridian, Hennepin County, Minnesota; thence on an assumed bearing of South 89 degrees 08 minutes 04 seconds West along the south line of said Government Lot 1, a distance of 140.23 feet; thence North 11 degrees 16 minutes 11 seconds West, a distance of 76.27 feet to the point of beginning of the easement to be described; thence northeasterly a distance of 87.15 feet, along a non -tangential curve, concave to the southeast, having a radius of 764.00 feet, a central angle of 6 degrees 32 minutes 08 seconds, a chord distance of 87.10 feet, and a chord bearing of North 12 degrees 43 minutes 49 seconds East; thence North 74 degrees 23 minutes 54 seconds West, not tangent to said curve, a distance of 1.69 feet; thence North 16 degrees 10 minutes 43 seconds East, a distance of 25.66 feet; thence South 71 degrees 38 minutes 39 seconds East, a distance of 9.07 feet; thence North 15 degrees 46 minutes 57 seconds East, a distance of 20.16 feet; thence North 73 degrees 17 minutes 32 seconds West to the southeasterly right-of-way line of Lyndale Avenue South; thence southerly along said southeasterly right-of-way line to the intersection with a line bearing North 11 degrees 16 minutes 11 seconds West from the point of beginning; thence South 11 degrees 16 minutes 11 seconds East to the point of beginning. Parcel A: (Document No. A3549788) Parcel No. 1 "That portion of the following described premises lying East of Lyndale Avenue South: That part of Southwest 1/4 of Southwest 1/4 of Section 27, Township 28 North, Range 24 West of the 4th Principal Meridian, AND That part of Government Lot 1, Section 28, Township 28, Range 24, described as follows, to wit: Beginning at the point of intersection of the South line of North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27, with the center line of Garfield Ave. extended, as said Garfield Ave. is laid out in plat of Wooddale; thence Southwesterly along the extension of Garfield Ave. 300 feet; thence West parallel with the South line of said North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27 and its extension thereof to the shore of Wood Lake; thence Northerly along said Lake Shore to its intersection with extension of the South line of North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27; thence East to the point of beginning; excepting therefrom that portion thereof taken for street purposes." Parcel No. 2 "That portion of the following described premises lying East of Lyndale Avenue South: Commencing at the intersection of the South line of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 27 and the centerline of Garfield Avenue; thence Southerly along centerline of Garfield Avenue extended 300 feet; thence West parallel with said South line of North 1/2 of the Southwest 1/4 of the Southwest 1/4 to shore of Wood Lake; thence Southerly along shore to South line of Section 28; thence East to the West line of Wallace's Sunnyside Acres, 2nd Addition; thence North along the West line of said Wallace's Sunnyside Acres 2nd Addition to the South line of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 28, Range 24; thence West along the South line of said North 1/2 of the Southwest 1/4 of the Southwest 1/4 to the point of beginning; excepting therefrom road and railroad right of way." PERMANENT EASEMENT City of Richfield Lyndale Ave. Project FOR VALUABLE CONSIDERATION, Independent School District No. 280, a political subdivision of the State of Minnesota, Grantor, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, an easement for roadway purposes to grade, construct, operate, maintain, use, alter, repair and remove a public roadway, trails, sidewalks, bridges, structures, storm sewer, sanitary sewer, other public facilities and utilities, boulevards and appurtenances, including for drainage and utility purposes, together with all other rights necessary and convenient for the enjoyment and unrestricted use of same over, under and across the real property situated in Hennepin County, State of Minnesota, as described, to wit: See Attached Exhibit A Grantor hereby conveys all grass, shrubs, trees, natural growth, earthen materials, landscaping, improvements and structures existing or that may be planted or grown on the easement described herein. Grantor hereby agrees to not damage, destroy or remove any grass, trees, shrubs or natural growth replaced by Grantee on the easement described herein. Grantor hereby releases Grantee from any and all claims for damages to the premises resulting from the uses and purposes granted herein and lying within the boundaries of the easement described herein. Grantee shall have the right to use and remove all grass, shrubs, trees (including overhanging branches), earthen materials, structures and improvements, which lie within the boundaries of the easement described herein. To have and hold same, together with all of the rights and appurtenances belonging thereto, all of which shall run with the land and be binding upon and inure to the benefit of the parties hereto, their successors and assigns. STATE OF M N SS. COUNTY OF Ff�✓t�t �p+`� ) On this jq day of .JI-Lvi co - within and for said County, personally appeared Independent School District No. 280 Flo �r �L. • . , 20 , before me, a Notary Public 5-t-efe,i i/ivlo,.Jy(Cy and C-WaI f t (Print Name) (Print ame) to me personally known, who by me duly sworn did say that they are the .Ste 4,c f[?Jam?— and CA,e-F ff�, `• .+�,r i . L� '� / (title) (ride) of Independent School District No. 280, a political subdivision of the State of Minnesota, named in the foregoing instrument, and that they are authorized to sign said instrument as the free act and deed for and on behalf of Independent School District No. 280. (Seal) „�:;',� Notary Public -Minnesota ��' °' � My Commission Expires Jan 31, 2020 �dAr+ e Z. Zni-,4 Notary Public My Commission Expires Di-3i- 2-o,2-v Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 Exhibit A A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the herein described Parcel A, lying southwesterly of a line described as follows; Commencing at the southeast corner of Government Lot 1 of Section 28, Township 28 North, Range 24 West of the 4th Principal Meridian, Hennepin County, Minnesota; thence on an assumed bearing of South 89 degrees 08 minutes 04 seconds West along the south line of said Government Lot 1, a distance of 140.23 feet to the point of beginning of the line to be described; thence North 11 degrees 16 minutes 11 seconds West, a distance of 150.00 feet and said line there terminating. EXCEPT that part thereof lying within the existing right-of-way of Lyndale Avenue South. Parcel A: (Document No. A3549788) Parcel No.1 "That portion of the following described premises lying East of Lyndale Avenue South: That part of Southwest 1/4 of Southwest 1/4 of Section 270 Township 28 North, Range 24 West of the 4th Principal Meridian, AND That part of Government Lot 1, Section 28, Township 28, Range 24, described as follows, to wit: Beginning at the point of intersection of the South line of North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27, with the center line of Garfield Ave. extended, as said Garfield Ave. is laid out in plat of Waoddale; thence Southwesterly along the extension of Garfield Ave. 300 feet; thence West parallel with the South line of said North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27 and its extension thereof to the shore of Wood Lake; thence Northerly along said Lake Shore to its intersection with extension of the South line of North 1/2 of Southwest 1/4 of Southwest 1/4 of said Section 27; thence East to the point of beginning; excepting therefrom that portion thereof taken for street purposes." Parcel No. 2 "That portion of the following described premises lying East of Lyndale Avenue South: Commencing at the intersection of the South line of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 27 and the centerline of Garfield Avenue; thence Southerly along centerline of Garfield Avenue extended 300 feet; thence West parallel with said South line of North 1/2 of the Southwest 1/4 of the Southwest 1/4 to shore of Wood Lake; thence Southerly along shore to South line of Section 28; thence East to the West line of Wallace's Sunnyside Acres, 2nd Addition; thence North along the West line of said Wallace's Sunnyside Acres 2nd Addition to the South line of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 27, Township 28, Range 24; thence West along the South line of said North 1/2 of the Southwest 1/4 of the Southwest 1/4 to the point of beginning; excepting therefrom road and railroad right of way." 1►1 HENNING PROFESSIONAL SERVICES E� Date: June 27, 2019 To: Logan Vlasaty City of Richfield From: Leah Traxler, Henning Professional Services, Inc. Re: PA�IMENT REQUEST Lyndale Ave Reconstruction PID: Property Address: Make Check Payable to: Mail to: Payment Amount: S SN/E1N: Settlement / Permanent Easement Temporary Easement TOTAL (rounded to): 510 N Chestnut Street, Ste 200 Chaska, MN 55318 952,448,4630 800.448.4630 toll free 27-028-24-32-0127 6645 Lyndale Ave. S, Richfield, MN McDonald's USA, LLC Attn: Cassie O'Connor, Sr. Paralegal McDonald's Corporation 110 N. Carpenter St. Chicago, IL 60607-2101 $8,500.00 Provided on attached W-9 ent Summa eck $8,000.00 $8,500.00 N 3 Date To: Re: IsHENNING PROFESSIONAL SERVICES 510 N Chestnut Street, Ste 200 Chaska, MN 55318 952,448,4630 800.448.4630 toll free Letter of Transmittal June 27, 2019 X Logan Vlasaty Richfield Maintenance Facility 1901 E. 66th Street Richfield, MN 55423 Lyndale Ave. Reconstruction McDonalds (6645 Lyndale Ave) We are enclosing For Your: Remarks: McDonalds letter Permanent Easement Temporary Construction Easement Payment Request N-9 Regular Mail Fax Fax and Mail Hand Deliver Review � Records �X Approval � Information Please send or email a copy of the check back to Henning Professional Services for the acquisition file. McDonalds is requesting a copy of the recorded easement document. From Leah Traxler McDonald's Corporation 110 N Carpenter St Chicago, IL 60607-2101 Direct Dial: 773-251-9234 e.oconnor@us.med.com M'cDenaldis Federal Express, 2-day June 25, 2019 Wilson Development Services LLC 510 N. Chestnut Street, Suite 200 Chaska MN 55318 Attention Leah Traxler, Acquisition Agent Re� RICHFIELD, MN 6645 Lyndale Avenue South L/C: 022-0383 Dear Ms. Traxler, Enclosed herewith are the Permanent Easement and Temporary Construction Easement for the Lyndall Avenue Project at the address referenced above. I am also enclosing a W-9 for McDonald's USA, LLC. Please have your check, made payable to McDonald's USA, LLC, forwarded to my attention, and once the Permanent Easement has been recorded, I would appreciate your sending a copy to me for our files. If you have any questions, please feel free to give me a call. Sincerely, McDONALD'S CORPORATION Lassie O'Connor Senior Paralegal Enclosures cc: Ms. Chris Schmidt (via e- mail) PERMANENT EASEMENT City of Richfield dale Ave. Project FOR VALUABLE CONSIDERATION, McDonald's USA, LLC, a limited liability company, organized and existing under the laws of the State of Delaware, Grantor, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, an easement for roadway purposes to grade, construct, operate, maintain, use, alter, repair and remove a public roadway, trails, sidewalks, bridges, structures, storm sewer, sanitary sewer, other public facilities and utilities, boulevards and appurtenances, including for drainage and utility purposes, together with all other rights necessary and convenient for the enjoyment and unrestricted use of same over, under and across the real property situated in Hennepin County, State of Minnesota, as described, to wit: A perpetual easement for roadway, drainage and utility purposes over, under and across that part of Lot 1, Block 1, RICHFIELD URBRN VILLAGE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the most southwesterly corner of said Lot 1; thence northeasterly along the westerly tine of said Lot 1, also being the southeasterly right of -way line of Lyndale Avenue South, a distance of 20.00 feet; thence southeasterly to a point on the southerly line of said Lot 1, also being the northerly right-of-way line of 67th Street West, distant 34.64 feet southeasterly of said most southwesterly corner; thence northwesterly along said southerly line to the point of beginning. Grantor hereby conveys all grass, shrubs, trees, natural growth, earthen materials, landscaping, improvements and structures existing or that may be planted or grown on the easement described herein. Grantor hereby agrees to not damage, destroy or remove any grass, trees, shrubs or natural growth replaced by Grantee on the easement described herein. Grantor hereby releases Grantee from any and all claims for damages to the premises resulting from the uses and purposes granted herein and lying within the boundaries of the easement described herein. Grantee shall have the right to use and remove all grass, shrubs, trees (including overhanging branches), earthen materials, structures and improvements, which lie within the boundaries of the easement described herein. To have and hold same, together with all of the rights and appurtenances belonging thereto, all of which shall run with the land and be binding upon and inure to the benefit of the parties hereto, their successors and assigns. McDonalda USA, LLC nyVe Its_ Dj. A. 2 Cc� ti Z STATE OF 111 1 rso�� SS. COUNTY OF CVQV, ) On this \ day of �l,L►� , 20 la ,before me, a Notary Public within and for said County, personally appeared (Print Name) (Print Name) to me personally known, who by me duly sworn did say that they are the and SEn1,102 C�I,l6•IS�L (title) of McDonalds USA, LLC, a limited liability company, organized and existing under the laws of the State of Delaware, named in the foregoing instrument, and that they are authorized to sign said instrument as the free act and deed for and on behaf of said limited liability company. (Seal) •: ;��n�:saiaoa�+�nren�.�va e4,aasePen o=r-ICIAL sEAL PATRICIA HE��lSI_ER NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:07/25/20 fL My Commission Expires Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 TEMPORARY CONSTRUCTION EASEMENT City of Richfield Lyndale Ave. Project FOR VALUABLE CONSIDERATION, McDonald's USA, LLC, a limited liability company, organized and existing under the laws of the State of Delaware, Grantor, whether one or more, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, a temporary easement for construction purposes for work space, construction operations and to grade and construct slopes both cuts and fills associated with construction or reconstruction of a public roadway, trail and pedestrian facilities, together with all other rights necessary and convenient for the enjoyment and use of same, over, under and across the real property situated in Hennepin County, the State of Minnesota as described, to wit: A temporary easement for construction purposes over, under and across that part of Lot 1, Block 1, RICHFIELCr URBAN VILLAGE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the most southwesterly corner of said Lot 1; thence on an assumed bearing of North 20 degrees 18 minutes 13 seconds East along the westerly line of said Lot 11 also being the southeasterly right of -way line of Lyndale Avenue South, a distance of 20.00 feet to the point of beginning of the easement to be described; thence continuing North 20 degrees 18 minutes 13 seconds East along said westerly line, a distance of 25.96 feet, thence South 00 degrees 59 minutes 31 seconds East, a distance of 22.66 feet; thence South 25 degrees 30 minutes 07 seconds East, a distance of 23.48 feet; thence South 62 degrees 53 minutes 57 seconds East, a distance of 21.75 feet; thence South to the southerly line of said Lot 1, also being the northerly right-of-way line of 67th Street West; thence northwesterly along said southerly line to a point distant 34.64 feet southeasterly of said most southwesterly corner; thence northwesterly to the point of beginning. Temporary easement shall start June 30, 2019 and expire December 31, 2019. Grantor hereby agrees that all earthen material, other material, trees and vegetation excavated, removed or taken by Grantee from within said temporary easement shall become the property of Grantee. Upon restoration of disturbed areas per plans and specifications determined by Grantee, Grantor does hereby release Grantee from any claims or damages resulting from the construction of said slopes associated with the road project and all work in connection therewith. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this day of 2019. i Its STATE OF �« i►�O�S ) COUNTY OF CQQV) SS. On this o2 -lnk day of within and for said County, personally appeared McDonalds USA, LLC �o 20 i � ,before me, a Notary Public (Print Name) to me personally known, who by me duly sworn did say that they are the (Print Name) St��a� Cr�u�sG�- and S�to2- (title) (title) of McDonalds USA, LLC, a limited liability company, organized and existing under• the laws of the State of Delaware, named in the foregoing instrument, and that they are authorized to sign said instrument as the free act and deed for and on Pehalf of said limited liability company. (Seal) OFFICIAL SEAL PATRICIA HEiJSI_ER NOTARY PUBLIC • STATE OF ILLINOIS MY COMMISSION EXPIRES:07/28/20 otary Public My Commission Expires Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 Form W1111119 (Rev. October 2018) Department of the Treasury Intemal Revenue Service Request for a axpayer ontification Hmbev and Certification ► Go to www.lrs.govfFormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). d's USA, LLC on this line; do 2 Business name/disregarded entity name, if different from above blankI Cive Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see ❑ Individual/sole proprietor or ❑ C Corporation instructions on page 3): p p ❑ S Corporation Partnership ❑ Trust estate single -member LLC ❑✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► C Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC tha is disregarded from the owner should check the appropriate box for the tax classification of its owner. (J Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See instrtions. 110 N Carpenter Street 6 City, state, and ZIP code Chicago IL 60607 7 List account number(s) here (optional) uc Number Exempt payee code (if any) 5 Exemption from FATCA reporting code if any) E (Applies to accounts maintained outside the U.S.J Requester's name and address Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To give the Requester for guidelines on whose number to enter. Social security or Employer identification number 7�31-1117I1I9I1I8I5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) June 25, 2019 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 109M (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 1►1 ffHENNING PROFESSIONAL SERVICES Date: June 17, 2019 To: Logan Vlasaty City of Richfield From: Leah Traxler, Henning Professional Services, Inc. Re: PAYMENT REQUEST Lyndale Ave Reconstruction PID: 27-028-24-32-0054 Property Address: 6749 Lyndale Ave, Richfield, MN 1V[1 all�c Checl{Payable to: Mail to: Payment Amount: S SN/EIN: Please Reco�•d Easement I). Yvette Erasmus Yvette Erasmus 6749 Lyndale Ave. S. Richfield, MN 55423 $1,300.00 Provided on attached W-9 e�7t(s) asz�l Settlement I Payment Summa 510 N Chestnut Street, Ste 200 Chaska, MN 55318 952,448,4630 800,448,4630 toll free Le�tlr Permanent Easement $870.00 Temporary Easement $416.15 TOTAL (rounded to): $1,300.00 www.henningprofessionalservices.com CAI s Date To: ISHENNING PROFESSIONAL SERVICE 510 N Chestnut Street, Ste 200 Chaska, MN 55318 952,44884630 Letter of Transmittal June 17, 2019 X Logan Vlasaty Richfield Maintenance Facility 1901 E. 66th Street Richfield, MN 55423 Lyndale Ave. Reconstruction Erasmus (6749 Lyndale Ave) We are enclosing For Your Remarks: Permanent Easement Temporary Construction Easement Payment Request W-9 800.448.4630 toll free Regular Mail Fax Fax and Mail Hand Deliver Review � Records � Approval � Information Please send or email a copy of the check back to Henning Professional Services for the acquisition file. From Leah TraxlPr www. henningprofessionalservices.com PERMANENT EASEMENT City of Richfield Lyndale Ave. Project FOR VALUABLE CONSIDERATION, Evette Erasmus, a single person, Grantor, whether one or more, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, an easement for roadway purposes to grade, construct, operate, maintain, use, alter, repair and remove a public roadway, trails, sidewalks, bridges, structures, storm sewer, sanitary sewer, other public facilities and utilities, boulevards and appurtenances, including for drainage and utility purposes, together with all other rights necessary and convenient for the enjoyment and unrestricted use of same over, under and across the real property situated in Hennepin County, State of Minnesota, as described, to wit. A perpetual easement for roadway, drainage and utility purposes over, under and across that part of Lot 13, Block 4 LYNDALE SHORES ON WOOD LAKE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 13; thence easterly along the south line of said Lot 13, a distance of 13.20 feet; thence northwesterly to a point on the west line of said Lot 13, distant 9.09 feet northerly of said southwest corner; thence southerly along said west line to the point of beginning. Grantor hereby conveys all grass, shrubs, trees, natural growth, earthen materials, landscaping, improvements and structures existing or that may be planted or grown on the easement described herein. Grantor hereby agrees to not damage, destroy or remove any grass, trees, shrubs or natural growth replaced by Grantee on the easement described herein. Grantor hereby releases Grantee from any and all claims for damages to the premises resulting from the uses and purposes granted herein and lying within the boundaries of the easement described herein. Grantee shall have the right to use and remove all grass, shrubs, trees (including overhanging branches), earthen materials, structures and improvements, which lie within the boundaries of the easement described herein. To have and hold same, together with all of the rights and appurtenances belonging thereto, all of which shall run with the land and be binding upon and inure to the benefit of the parties hereto, their successors and assigns. STATE OF COUNTY OF The foregoing instrument was acknowledged before me on the � j day of, >` 2019, by Evette Erasmus, a single person as her free act and deed. ALEXIS CAROLINA COOKE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan, 31, 2022 Commission Expires Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 Notary Public TEMPORARY CONSTRUCTION EASEMENT City of Richfield Lyndale Ave. Project FOR VALUABLE CONSIDERATION, Evette Erasmus, a single person, Grantor, whether one or more, hereby grants and conveys unto the City of Richfield, its contractors, permittees, successors and assigns, Grantee, a temporary easement for construction purposes for work space, construction operations and to grade and construct slopes both cuts and fills associated with construction or reconstruction of a public roadway, trail and pedestrian facilities, together with all other rights necessary and convenient for the enjoyment and use of same, over, under and across the real property situated in Hennepin County, the State of Minnesota as described, to wit: A temporary easement for construction purposes over, under and across that part of Lot 13, Block 4 LYNDALE SHORES ON WOOD LAKE, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 13; thence on an assumed bearing of North 89 degrees 37 minutes 38 seconds East along the south line of said Lot 13, a distance of 13.20 feet to the point of beginning of the easement to be described; thence continuing North 89 degrees 37 minutes 38 seconds East along said south line, a distance of 25.05 feet; thence North 03 degrees 42 minutes 24 seconds East, a distance of 3.28 feet; thence North 86 degrees 17 minutes 36 seconds West, a distance of 31.06 feet; thence North 62 degrees 52 minutes 30 seconds West, a distance of 3.10 feet; thence North 19 degrees 54 minutes 01 second West, a distance of 11.58 feet; thence North 02 degrees 16 minutes 27 seconds East, a distance of 10.25 feet; thence North 89 degrees 35 minutes 36 seconds East, a distance of 6.03 feet; thence North 00 degrees 43 minutes 51 seconds East to the north line of said Lot 13; thence westerly along said north line to the northwest corner of said Lot 139 thence southerly along said west line to a point distant 9.09 feet northerly of said southwest corner; thence southeasterly to the point of beginning. Temporary easement shall start June 11, 2019 and expire July 1, 2020. Grantor hereby agrees that all earthen material, other material, trees and vegetation excavated, removed or taken by Grantee from within said temporary easement shall become the property of Grantee. Upon restoration of disturbed areas per plans and specifications determined by Grantee, Grantor does hereby release Grantee from any claims or damages resulting from the construction of said slopes associated with the road project and all work in connection therewith. This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this /3 7 day of L OWC� ,2019. STATE OF ) SS. COUNTY OF f�6 e111V e (� �� The foregoing instrument was acknowledged before me on the I � day of, 2019, by Evette Erasmus, a single person as her free act and deed. ALEXIS CAROI.INA COOKE NOTARY PUBLIC-MINNESOTA MV Commission Expkes Jan. 31, 2022 My Commission Expires Drafted by: The City of Richfield Public Works Department 1901 E. 66th St. Richfield, MN 55423 ivv�aiy ruuu� 2 U Z"Z RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO MAKE PAYMENTS FOR THE PURCHASE OF TEMPORARY AND PERMANENT RIGHT-OF-WAY CONSTRUCTION EASEMENTS AT 6999 LYNDALE AVE S., 6645 LYNDALE AVE S., AND 6749 LYNDALE AVE S. AS PART OF THE LYNDALE AVENUE RECONSTRUCTION PROJECT WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City, a Minnesota municipal corporation acting by and through its City Council, is authorized by law to acquire land and other interests in real estate which are needed for public use or purpose; and WHEREAS, the City Council finds that public safety and convenience required that the City undertake and complete improvements known as the Lyndale Avenue Reconstruction Project to improve the pavement conditions, replace deteriorating sidewalks, and upgrade aging underground utilities while improving operational safety for pedestrians, bicyclists, and vehicles; and WHEREAS, it is necessary to acquire permanent right-of-way and temporary construction easements encumbering each property described above; and WHEREAS, the good faith efforts of employees and agents of the City, in addition to the property owners, has resulted in the acceptance of offers to purchase the aforementioned easements without need for further negotiations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby authorizes the Mayor and the City Manager to make payments to each property owner and make effective the agreed upon easements to ensure timely progression of the project in 2019. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2019. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION: CONSENT CALENDAR AGENDA ITEM # 3.G. STAFF REPORT NO.91 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Scott Kulzer, Administrative Aide/Analyst DEPARTMENT DIRECTOR REVIEW: Chris Link, Acting Public Works Director OTHER DEPARTMENT REVIEW: N/A CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Consideration of the termination of the Marketing License Agreement between the City of Richfield, Minnesota, and Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America. EXECUTIVE SUMMARY: In 2016, the City entered into a partnership with Service Line Warranty of America (SLWA). The National League of Cities (NLC) Service Line Warranty Program is administered by SLWA and offered at no cost to the City with affordable rates for homeowners. Enrollment is 100% voluntary and, depending on coverage options, would protect a homeowner in the event of a water or sanitary service line failure. Staff has elected to terminate the agreement with SLWA due to difficulties in working with SLWA representatives and the fact that most homeowners' preferred insurance provider now commonly offer the same or similar coverage through their homeowners policy. Richfield residents presently receiving coverage through SLWA will not be impacted and their coverage will continue. In light of terminating this agreement but in recognition of the benefit of water and sanitary service line coverage, Public Works staff has chosen to instead use the City's communication outlets to inform residents of their service line liabilities and encourage them to seek water and sanitary sewer line coverage from their favored insurance provider. RECOMMENDED ACTION: By Motion: Terminate the Marketing License Agreement between the City of Richfield, Minnesota, and Utility Service Partners Private Label, Inc., d/b/a Service Line Warranties of America. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Richfield property owners are responsible for the maintenance, repair or replacement of their water and sanitary sewer service lines. Many homeowners are unaware of this liability or the staggering cost that repair or replacement can reach. Many insurers, including SLWA, offer coverage to protect a homeowner in the event of a service line failure. In February 2016, the City entered into a marketing license agreement with SLWA that would allow SLWA to run Spring, Fall and Winter campaigns in which they would mail promotions/offers for service line coverage to Richfield residents. • Of the nine (9) coverage campaigns that the were to be distributed in the initial three (3) year term, only four (4) were actually completed. • The term of the original agreement was for three (3) years, set to automatically renew for one (1) year terms indefinitely, until one of the parties gives the other written notice at least ninety (90) days before the end of the current term. • Either party may also terminate the agreement for any reason upon ninety (90) days' written notice to the other party. • Per the Agreement, SLWA will be permitted to complete any marketing initiative initiated or planned prior to termination of this agreement. • Richfield residents presently receiving coverage through SLWA will not be impacted and their coverage will continue. • An example of a past SLWA campaign mailer is attached to this staff report for context. B. POLICIES (resolutions, ordinances, regulations, statutes, etch • Richfield Code of Ordinances Chapter VI I governs the City's sewer and water systems and assigns responsibility to the property owner for the upkeep of their service lines. C. CRITICALTIMING ISSUES: • Before the ninety (90) day termination period can begin, the City must provide written notice to SLWA of its intent to terminate the agreement. D. FINANCIAL IMPACT: • In accordance with the agreement, SLWA remits to the City of Richfield $0.50 per month per active account in the City. • Based on 2018 numbers, the City brought in roughly $7,250 in license fees from this arrangement last year. E. LEGAL CONSIDERATION: • The City Attorney has reviewed the original agreement and will be available to answer questions. ALTERNATIVE RECOMMENDATION . • None PRINCIPAL PARTIES EXPECTED AT MEETING: None. ATTACHMENTS: Description Type ❑ Original SLWA License Agreement Contract/Agreement ❑ SLWA Example Mailer Backup Material MARKETING LICENSE AGREEMENT BETWEEN THE CITY OF RICHFIELD, MINNESOTA, AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. DB/A SERVICE LINE WARRANTIES OF AMERICA This MARKETING LICENSE AGREEMENT ("Agreement") entered into as of [e,>j;I 20t(P-] ("Effective Date"), by and between the City of Richfield, Minnesota ("City"), and Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America ("SLWA"), herein collectively referred to singularly as "Party" and collectively as the "Par ties". RECITALS: WHEREAS, sewer and water line laterals between the mainlines and the connection on residential private property are owned by individual residential property owners ("Residential Property Owner"); and WHEREAS, City desires to offer Residential Property Owners the opportunity, but not the obligation, to purchase a service line warranty and other similar products ("Warranty"); and WHEREAS, SLWA is the administrator of the National League of Cities Service Line Warranty Program and has agreed to provide the Warranty to Residential Property Owners subject to the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: AGREEMENT 1. Purpose. City hereby grants to SLWA the right to offer the Warranty to Residential Property Owners subject to the terms and conditions herein. 2. Grant of License. City hereby grants to SLWA anon -exclusive license ("License") to use City's name and logo on letterhead, bills and marketing materials to be sent to Residential Property Owners from time to time, and to be used in advertising, all at SLWA's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld, City agrees that it will not extend a similar license to any competitor of SLWA during the term of this Agreement, 3. Term. The term of this Agreement ("Term") shall be for three (3) years from the Effective Date. The Agreement will automatically renew for additional one (1) year terms ("Renewal Term") unless one of the Parties gives the other written notice at least ninety (90) days prior to end of the Term or of a Renewal Term that the Party does not intend to renew this Agreement. Either party may terminate this Agreement for any reason upon ninety (90) days' 475085v1 MDT RC1604 475401v1 MDT RC1604 written notice to the other party. SLWA will be permitted to complete any marketing initiative initiated or planned prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate. During the Term, SLWA shall conduct seasonal campaigns each year in accordance with the schedules set forth in Exhibit A. The pricing for each such campaign shall be in accordance with Exhibit A attached hereto. 4. Consideration. As consideration for such license, SLWA will pay to City a License Fee of Fifty -Cents ($.50) for each month a Warranty shall be in force (and for which payment is received by SLWA) for a Residential Property Owner ("License Fee") during the term of this Agreement. The first payment shall be due by January 30th of the year following the conclusion of first year of the Terri. Succeeding License Fee payments shall be made on a quarterly basis throughout the Term and any Renewal Term, due and payable on January 31 st, April 30th, July 31st, and October 31st. Each License Fee payment herein shall be paid within thirty (30) days after it becomes due. SLWA shall include with each License Fee payment to City a statement signed by an SLWA corporate officer certifying the calculation of the License Fee. City will have the right, at its sole expense, to conduct an audit, upon reasonable notice and during normal business hours, of SLWA's books and records pertaining to any fees due under this Agreement while this Agreement is in effect and for one (1) year after any termination of this Agreement. 5. Indemnification. SLWA hereby agrees to defend, inderinify, and hold the City, its elected officials, officers, employees and agents (collectively or individually, "Indemnitee") harmless from and against any and all claims, damages, losses, expenses, suits, actions, decrees, judgments, awards, attorneys' fees and court costs (individually or collectively, "Claim"), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee, as a result of, or by reason of, or arising out of or in consequence of any act or omission, negligent or otherwise, of the SLWA or its officers, employees, contractors, subcontractors, agents or anyone who is directly or indirectly employed by, or is acting in concert with, the SLWA or its officers, its employees, contractors, subcontractors, or agents in the performance of this Agreement; provided that the applicable Indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any Indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such particiIPation in such defense. 6. Notice. Any notice required to be given heretulder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) telephonically faxed to the telephone number below provided confirmation of transmission is received thereof, or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: 2 475085v1 MDT RC1604 475401v1 MDT RC160-4 ATTN: Robert Hintgen City of Richfield 6700 Portland Avenue Richfield, MN 55423-2560 Phone: (612) 861-9165 To: SLWA: ATTN: Vice President, Business Development Utility Service Partners Private Label, Inc. 11 Grandview Circle, Suite 100 Canonsburg, PA 15317 Phone: (724) 7494003 7. Modifications or Amendmeuts/Entire Agreement. Any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a party unless in writing signed by both parties. 8. Assignment. This Agreement and the License granted herein may not be assigned by SLWA without the prior written consent of the City, such consent not to be unreasonably withheld. 9. Counterparts/Electronic Delivery. This Agreement maybe executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. 10. Choice of Law The governing law shall be the laws of the State of Minnesota. 11. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. 3 475085v1 MDT RC160-4 475401v1 MDT RC160-4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day aIt d year first written above. MARKETING LICENSE AGREEMENT BETWEEN THE CITY OF RICHFIELD AND UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. DB/A SERVICE LINE WARRANTIES OF AMERICA CITY OF RICHFIELD Steve Devich, City Manager UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. By: 5085v1 MDT RC160-4 5401v1 MDT RC160-4 Brad H. Carmichael, Vice President Exhibit A NLC Service Line Warranty Program City of Richfield, MN Term Sheet January 25, 2016 (Term Sheet valid for 90 days) I. Term of agreement a. Initial term i. Three years guaranteed (total of 9 campaigns) II. Quarterly royalty — $0.50 per month per paid warranty contract a. City logo on letterhead, advertising, billing, and marketing materials b. Signature by City official III. Products offered a. External sewer line warranty b. External water line warranty c. In -home plumbing warranty V. Scope of Coverage a. External sewer line warranty i. Scope is from the city main tap until line daylights inside home...of which includes the service line under the concrete floor. [Note: If homeowner responsibility is different than this language, please advise.] b. External water line warranty i. Scope is from the meter and/or curb box until it daylights inside home ... of which includes the service line under the concrete floor. [Note: If homeowner responsibility is different than this language, please advise.] ii. Extended coverage: Scope includes thawing of frozen external water line. c. In -home plumbing warranty i. Scope covers residential in -home water supply lines and in -home sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry. Coverage includes broken or leafing water, sewer, or drain lines that may be embedded under the slab or basement floor. Coverage also includes repair of clogged toilets. V. Marketing Campaigns — three seasonal campaigns per year (Spring, Fall and Winter) a. 2016 Spring - Sewer b. 2016 Fall - Water c. 2016 Winter - In -home plumbing d. 2017 Spring - Sewer e. 2017 Fall - Water £ 2017 Winter - In -home plumbing g. 2018 Spring - Sewer h. 2018 Fall - Water 5 475085v1 MDT RC1604 475401v1 MDT RC160-4 i. 2018 Winter - In -home plumbing VI. Campaign Pricing a. Sewer i. Year 1 - $7.75 per month; $88.00 annually ii. Year 2 - $7.75 per month; $88.00 annually (subject to annual review) iii. Year 3 - $7.75 per month; $88.00 annually (subject to annual review) b. Water i. Year 1 - $5.75 per month; $64.00 annually ii. Year 2 - $5.75 per month; $64.00 amorally (subject to annual review) iii. Year 3 - $5.75 per month; $64.00 annually (subject to annual review) c. In -home plumbing i. Year 1 - $6.99 per month; $78.99 annually ii. Year 2 - $6.99 per month; $78.99 annually (subject to annual review) iii. Year 3 - $6.99 per month; $78.99 annually (subject to annual review) 475085v1 MDT RC160-4 475401v1 MDT RC160-4 N Z Q CD 0 c0 It CD CD x Of ------------------------- mice Line Warranties „rn�„��:'—--——---——--— I I I � I � I «MR. SAMPLE A SAMPLE— MAIL ADDRESS1>> <<MAIL7_ADDRESS2>> Qs MAILCITY, ST ZIP» I�I�Ili�lilui��ll�l�dllilr��lllllllllddduulrl�llll��l�� -------------------------------------------- «Mailcode-xxxx» Dear <<Sample A. Sample>>, <<Month X, XXXX» Re: Water Service Line Repair Coverage for Richfield Homeowners Did you know that repairs to the water line that runs between your home and the public utility connection that is damaged due to normal wear and tear are the responsibility of the homeowner? This line is subjected to the same elements that can cause our public service lines to decay - age, ground shifting, fluctuating temperatures and more. While efforts are underway in many communities to improve public water and sewer systems, these fixes don't address the water line located on your property. Homeowners can spend from hundreds to thousands of dollars to repair a broken or leaking water line on their property - and that can be hard on a budget. This is why I am pleased to remind you of a voluntary service line repair program which provides repair coverage for your outside water or well line, up to $8,500 per service call with as many service calls as you need for covered repairs (30-day wait period with a money -back guarantee). The Service Line Warranties of America (SLWA) Exterior Water Service Line Coverage is the only service line protection program for eligible homeowners endorsed by the National League of Cities in cooperation with the City of Richfield. This program provides a 24-hour emergency hotline, 365 days a year. SLWA, an independent provider, administers the program and is a BBB Accredited Business with an A+ rating. SLWA has helped more than 140,000 homeowners across the country save over $90 million in water and sewer service line repair costs.' Enroll today and pay a monthly price of $5.33. To enroll in this optional program return the completed bottom portion of this letter in the enclosed envelope or call 1-844-257-8795 to speak with an SLWA agent Monday through Friday 8am-8pm and Saturday 10am-4pm EST. Or visit www.slwofa.com where you can enroll online - and learn about other service line protection products available in your area. This program is administered by SLWA, and no public funds were used for the mailing of this letter. Please enroll by —Date—. Sincerely,, % Scott Van Stratten Customer Service / SLWA Home Emergency Insurance Solutions 'SLWA repair cost data, 2003-2017. Utility Service Partners Private Label, Inc., known as Service Line Warranties of America ("SLWA"), with corporate offices located at 4000 Town Center Boulevard, Suite 400, Canonsburg, PA 15317, is an independent company separate from your local utility or community and offers this optional service plan as an authorized representative of the service contract provider, North American Warranty, Inc., 175 West Jackson Blvd., Chicago, IL 60604. Your choice of whether to participate in this service plan will not affect any service you have with your local utility or community. I ACCEPTANCE FORM PLEASE REPLY BY: <<XX/XX/XXXX» I «Mailcode-xxxx» I For fastest processing, please visit www.slwofa.com. Please correct name and address information below, if necessary, before submitting. N Z Q r 0 x a U) 0 x W Service Line <<Mr. Sample A. Sample>> <<Serv_Add ressl >> _ Warranties <<Serv_Address2>> or, America «Serv_City, ST Zip» By providing my e-mail address, I request that I be notified when my current and future service agreements and any related documents are available at www.slwofa.com, and I acknowledge that I can access these documents. I can change my preferences or request paper copies online or by calling SLWA. E-mail Phone: E-Z PAY (see back of letter) I have enclosed a check for my first payment of: ❑ $5.33 per month ❑ $15.99 per quarter ❑ $63.96 per year I authorize SLWA to charge my account for Exterior Water Service Line Coverage at the frequency specified and my financial institution to debit these payments, plus any applicable taxes, from the account provided. I understand that, regardless of the payment frequency I select, my optional coverage is based on an annual contract and will be automatically renewed annually on the same payment terms I selected at the then -current renewal price. I have the option to cancel this contract at any time without additional cost to me by calling 1-844-257-8795. 1 confirm that I am the homeowner and have read the information in this package, understand there are limitations and exclusions, and meet the eligibility requirements for this coverage. .25" 1 375°—<<MatchbacklD>> i «Mailcode>r.25" .375" Signature (required) PLEASE MAKE PAYABLE TO SLWA <<Customer_No>> AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 5. STAFF REPORT NO.92 CITY COUNCIL MEETING 7/23/2019 REPORT PREPARED BY: Jennifer Anderson, Support Services Manager DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Director of Public Safety/Chief of Police 7/8/2019 OTHER DEPARTMENT REVIEW: CITYMANAGER REVIEW: Katie Rodriguez, City Manager 7/17/2019 ITEM FOR COUNCIL CONSIDERATION: Public Hearing and consideration of the revocation of Empire Tobacco LLC business license for violations of Richfield City Code and Minnesota Statute 144.414. EXECUTIVE SUMMARY: The City of Richfield Police Department attempted to perform a tobacco compliance check on June 13, 2019 at 2300 hours at Empire Tobacco, 6414 Nicollet Avenue South to investigate a report of smoking inside the City -licensed retail tobacco establishment. While inside the retail sales area, Officers observed haze and smoke. When Officers asked if they could enter other areas to investigate the source of the smoke, they were denied further entry. As a result of the licensee's refusal to allow entry to the premises, the City served an administrative search warrant on Empire Tobacco LLC on June 14, 2019. Law enforcement officers and the Chief Building Official entered the establishment and observed several violations resulting in immediate closure of the business. Based on the seriousness of the code violations, City staff is recommending that the Council revoke the establishment's business license. The licensee has a right to a public hearing before any action is taken. Pursuant to City code, the City gave written notice to the licensee informing it of the impending license revocation, the nature of the violations and basis for the proposed revocation, the right to a hearing, and the time and place of the hearing. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve revocation of the business license of Empire Tobacco LLC located at 6414 Nicollet Ave South, Richfield, Minnesota and furthermore, approve a Resolution with Findings supporting the revocation. BASIS OF RECOMMENDATION: A. HISTORICAL CONTEXT Business licensing staff received an anonymous tip that Empire Tobacco was allowing hookah smoking in a private, paid membership only club located in the rear area of the building behind the tobacco retail store. Staff shared this information with the Public Safety Director/Chief of Police and a tobacco compliance check was conducted. Officers conducting the compliance check were told by the business owner that the rear of the property was private and they would not be allowed entry. The following day, an administrative warrant was obtained to gain entry into the "private" area where Officers were previously denied entry. Once entry was gained, several city code violations were noted by the Senior Building Official, Fire Chief and Police Chief. Due to the seriousness of the violations, the establishment was shut down immediately. Richfield City Code violations include: Lack of adequate egress for an assembly/occupancy. Fire suppression system doesn't meet NFPA 13 (standard for the installation of a sprinkler system). Substantial electrical wiring completed without obtaining a permit or inspection for lights and outlets. Smoking/sampling of tobacco on premises. Sale of food without a food license. Entry for compliance check denied. City Code violations identified on this property needlessly put lives at risk and required an "Unsafe Building" notice to be issued. B. POLICIES (resolutions, ordinances, regulations, statutes, etch Richfield City Code subsection 1146.09, subd. 4. Smoking shall be prohibited, and no person shall smoke, in a public place, at a public meeting, or in a place of employment. This subdivision also prohibits the sampling of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and products used in electronic delivery devices and nicotine or lobelia delivery products. Richfield City Code subsection 1146.17. All licensed premises shall be open to inspection by Richfield law enforcement or other authorized City officials during regular business hours for compliance checks. Minnesota Statutes 144.414. No person shall smoke in an indoor area of a public place including retail stores or in a place of employment. Richfield City Code subsection 617.07. No person is allowed to operate a food establishment within the City without a license. In addition to the above violations, the City's Building Official sent a Notice of Unsafe Building on June 19, 2019. That Notice outlined several Fire and Building code violations that must be corrected before the establishment can be occupied and re -opened. Richfield City Code subsection 1146.05, subd. 5, allows the revocation of a tobacco license, after an investigation and public hearing, for the following reasons (not an exhaustive list): (a) The operation of the business is in conflict with any provision of this code. (b) The operation of the business is in conflict with any health, fire, building, building maintenance, zoning, or any other applicable codes or laws. (c) The applicant or licensee has failed to comply with one (1) or more provisions of this section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco products, tobacco -related device, electronic delivery devices or nicotine or lobelia delivery products. C. CRITICALTIMING ISSUES: N/A D. FINANCIAL IMPACT: Other than the loss of license renewal fees, there is no financial impact. E. LEGAL CONSIDERATION: N/A ALTERNATIVE RECOMMENDATION . The City Council could choose not to revoke the tobacco license, allowing Empire tobacco to continue operating in Richfield, however, due to the seriousness of the violations, city staff strongly recommend revoking the business license. The City Council could choose to suspend the license with certain limitations. PRINCIPAL PARTIES EXPECTED AT MEETING: Lensa T. Mohamed. Owner, Empire Tobacco Jay Rolloff, Rolloff Law ATTACHMENTS: Description Resolution with Findings Type Cover Memo RESOLUTION NO. REVOCATION OF THE BUSINESS LICENSE OF EMPIRE TOBACCO LLC LOCATED AT 6414 NICOLLET AVENUE SOUTH, RICHFIELD, MN 55423 WHEREAS, Empire Tobacco LLC ("Licensee"), a Minnesota company, operated a tobacco retail establishment located at 6414 Nicollet Avenue S., Richfield, MN; and WHEREAS, pursuant to Richfield City Code Subsection 1146.05, tobacco retailers are required to be licensed by the City; and WHEREAS, Subsection 1146.05, subd. 4, of the Richfield City Code provides that smoking shall be prohibited, and no person shall smoke, in a public place, at a public meeting, or in a place of employment. This subdivision also prohibits the sampling of tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and products used in electronic delivery devices and nicotine or lobelia delivery products; and WHEREAS, Minn. Stat. § 144.414 also prohibits smoking in an indoor area of a public place including retail stores or in a place of employment; and WHEREAS, Subsection 1146.17 of the Richfield City Code requires all licensed premises to be open to inspection by Richfield law enforcement or other authorized City officials during regular business hours; and WHEREAS, Subsection 617.07 of the Richfield City Code prohibits the operation of a food establishment within the City of Richfield without first obtaining and having a valid license; and WHEREAS, on April 2, 2019, Licensee submitted an application for a building permit to construct a wall between the retail area and a proposed new storage area on the premises; and WHEREAS, on June 13, 2019, the Richfield Police Department attempted to perform a tobacco compliance check at the Licensee's establishment to investigate a report of indoor smoking; and WHEREAS, while inside the retail sales area of the establishment, Officer observed haze and smoke, but were denied access to enter other areas of the establishment to complete the compliance check; and WHEREAS, on June 14, 2019, the law enforcement officers entered the establishment with a lawfully -obtained administrative search warrant and observed the following violations in the establishment: 1) Evidence of indoor smoking in violation of City Code and State law; 2) Operation of a food establishment without a license in violation of City Code; 3) Unlawful use of the establishment as an assembly occupancy with several fire and building code violations related to the unlawful use. 1 WHEREAS, staff concluded, based on the inspection, that Licensee had misrepresented the intent to build a storage area on the premises and instead was using the premises for an assembly/"club" use; and WHEREAS, on June 19, 2019, the City's Chief Building Official sent a Notice of Unsafe Building to the Licensee's representative specifying the items in the establishment that must be corrected before it could be re -occupied, as well as items necessary to operate the establishment as an assembly use; and WHEREAS, Subsection 1146.05 of the Richfield City Code states that a license may be denied, suspended or revoked by the council, after an investigation and public hearing where the licensee is granted the opportunity to be heard, for one (1) or more of the following reasons: (a) The operation of the business is in conflict with any provision of this code. (b) The operation of the business is in conflict with any health, fire, building, building maintenance, zoning, or any other applicable codes or laws. (c) The applicant or licensee has failed to comply with one (1) or more provisions of this section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco products, tobacco -related device, electronic delivery devices or nicotine or lobelia delivery products. (d) The applicant has committed fraud, misrepresentation or bribery in securing or renewing a license. WHEREAS, on June 24, 2019, the City sent a notice to the Licensee stating the staff's intent to recommend to the City Council that its license be revoked based on the city code violations identified on June 14, 2019 and informing Licensee of its right to a hearing. 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 tobacco license for Empire Tobacco LLC which business was most currently located at 6414 Nicollet Avenue South, Richfield, MN 55423, is hereby revoked. Adopted this 23rd day of July, 2019. ATTEST: Elizabeth VanHoose, City Clerk Maria Regan Gonzalez, Mayor 4