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060810 agenda packetCITY OF RICHFIELD, MINNESOTA TUESDAY, JUNE 8, 2010 SPECIAL CITY COUNCIL(HRA/PLANNING COMMISSION WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding proposed development by Sherman & Associate for vacant Candlewood parcel and south portion of former garage site (Council Memo No. 80) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call 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. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of May 25, 2010; and (2) Regular City Council Meeting of May 25, 2010 PRESENTATIONS 1. Annual meeting with the Human Rights Commission COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits 2010 Richfield Beautiful Garden Tour Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action 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 approval of Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parking lot at Cedar and Diagonal Boulevard S.R. No. 97 B. Consideration of approval of resolution authorizing the City Council not to waive the monetary limits on statutory municipality tort liability S.R. No. 98 C. Consideration of approval of first reading of ordinance amendments to the Richfield City Code regarding food, lodging, and public pools S.R. No. 99 D. Consideration of approval of Agreement with Hennepin County for funding Lincoln Athletic Complex S.R. No. 100 E. Consideration of approval of resolution establishing absentee ballot counting board for the state primary and general elections S.R. No. 1.01 F. Consideration of approval of resolution appointing election judges for the August 10, 2010 Primary Election and the November 2, 2010 General Election S.R. No. 102 G. Consideration of approval of the cancellation of a special assessment in the amount of $2472.00 for the removal of diseased trees at 6438 Vincent Avenue S.R. 103 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing and second reading of Public hearing and second reading of transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements Notes: Staff Report No. 104 RESOLUTION 7. Consideration of approval of resolution approving the contract with the 911 Dispatchers LELS Local 225 for the contract period January 1, 2010 through December 31, 2010 Staff Report No. 105 OTHER BUSINESS 8. Consideration of a three-year Interim Use Permit to allow the continued use of 6529 Penn Avenue for used car sales Staff Report No. 106 Notes: CITY MANAGER'S REPORT 10. City Manager's report Notes: 11. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) 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. /ndividuals who wish to address the Council must have registered prior to the meeting. Notes: 12.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. J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession May 25, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:00 p.m. ROLL CALL Council Members Present: Debbie Goettel, Mayor; Fred Wroge; Sue Sandahl; Tom Fitzhenry; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Chris Link, Street Maintenance Supervisor; John Stark, Community Development Director; Jim Topitzhofer, Recreation Director; Brad Sveum, Fire Chief; Bill Fillmore, Liquor Operations Director; Barry Fritz, Police Chief; Chris Regis, Finance Manager; and Nancy Gibbs, City Clerk. Item #1 DISCUSSION REGARDING RICHFIELD PARKS ORDINANCE REVISIONS (COUNCIL MEMO N0.74) Recreation Director Jim Topitzhofer introduced the Chair of the Community Services, Jerry Charnitz. Mr. Charnitz explained the recommended changes to the ordinance. After much discussion, the Council stated they are in support of the new ordinance with minor changes to the smoking section. Director Topitzhofer stated he would proceed with changes and come back to the Council at a later date with changes. Item #2 DISCUSSION REGARDING CITY'S KEY FINANCIAL STRATEGIES (COUNCIL MEMO NO. 75) Special Worksession Minutes -2- May 25, 2010 Finance Manager Chris Regis presented financial management plan and capital financing plan. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:58 p.m. Date App Nancy Gibbs City. Clerk Debbie Goettel Mayor Steven L. Devich City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting May 25, 2010 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott, Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Corrine Heine, City Attorney; Chris Link, Street Maintenance Supervisor; and Nancy Gibbs, City Clerk. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Sandahl to approve the minutes of (1) Special City Council Worksession of May 5, 2010; (2) Special City Council Meeting Worksession of May 11 2010 and (~ Regular City Council Meeting of May 11, 2010. Motion carried 5-0. Council Meeting Minutes -2- .May 25, 2010 Item #1 PRESENTATION OF CERTICATES OF APPRECIATION TO CURRENT MISS RICHFIELD AMBASSADORS AND JUNIOR AMBASSADORS AND 2010-2011 CANDIDATES (COUNCIL MEMO N0.76) Mayor Goettel presented certificates of appreciation to the current Richfield Ambassadors and the 2010-2011 Ambassador and Junior Ambassador candidates. Item #2 PRESENTATION OF RICHFIELD TOURISM PROMOTION BOARD, INC FINANCIAL REPORT FOR YEAR ENDING DECEMBER 31, 2009 Patty Sterbuck, President of Richfield Tourism Promotion Board, presented the Richfield Tourism Promotion Board financial report to the City Council. Jim Melson of Lafayette and Company Law firm assisted with the report. Council Member Sandahl thanked the board for promoting the City of Richfield in their brochures. City Manager Devich thanked Patty Sterbuck for all the work she does to help out the City of Richfield. Item #3 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Fitzhenry reported on the Face to Face program. He also stated he had used the City's website to report an Ash tree problem. He thanked the Public Works Department, specifically Jaeson Morrison, for such a quick response. Council Member Sandahl reminded residents of the Richfield Beautiful Garden Tour on June 19. Mayor Goettel stated she attended the Ambassadors dinner. She also attended the Face to Face event. Mayor Goettel stated she attended the Planning Commission meeting and asked how to get more participation from the residents on the Comprehensive Plan. Council Member Elliot agreed with Mayor Goettel on the Planning Commission meeting. He stated the meeting was beneficial to all that attended. He asked Recreation Director Topitzhofer to explain the upcoming Memorial Day event at Legion Park. Council Member Elliot stated he had attended the Penn Fest group meeting. Item #4 COUNCIL APPROVAL OF AGENDA M/Wrogel, S/Sandahl to approve the agenda. Motion carried 5-0. Council Meeting Minutes -3- May 25, 2010 Item #5 CONSENT CALENDAR A. Item proposed to June 8, 2010. B. Consideration of approval of resolution supporting submittal of application to Hennepin County for Transit Oriented Development Grant for redevelopment transit improvements and streetscape improvements associated with Woodlake Plaza Housing redevelopment project S.R.No. 92 RESOLUTION NO 10366 RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION TO HENNEPON COUNTY FOR TRANSIT ORIENTED DEVELOPMENT PROGRAM GRANT FOR REDEVELOPMENT TRANSIT IMPROVEMENTS AND STREETSCAPE IMPROVEMENTS ASSOCIATED WITH WOODLAKE PLAZA HOUSING REDEVELOPMENT PROJECT This resolution appears as Resolution No. 10366 C. Consideration of approval of resolution authorizing execution of application to conduct off- site gambling for Fred Babcock VFW #5555 to sell pull-tabs at Fourth of July street dance in Veterans Park on July 3, 2010 S.R. No. 93 RESOLUTION NO. 10367 RESOLUTION AUTHORIZING EXECUTION OF APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR FRED BABCOCK VFW #5555 TO SELL PULL-TABS AT FOURTH OF JULY STREET DANCE IN VETERANS PARK ON JULY 3, 2010. This resolution appears as Resolution No. 10367. M/Wroge, S/Goettel to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 PUBLIC HEARING AND SECOND READING OF ORDINANCE MODIFYING ELECTRICE FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN CITY OF RICHFIELD AND AN ORDINACE MODIFYING GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN CITY OF RICHFIELD; AND CONSIDERATION OF RESOLUTIONS AUTHORIZING SUMMARY PUBLICATION OF BOTH ORDINANCES S.R. 94 Council Member Elliott presented Staff Report No. 94. Council Meeting Minutes -4- May 25, 2010 Council Member Wroge read an email sent by Larry Wozniczka, 6744 Wentworth Avenue. Mr. Wozniczka expressed opposition to the ordinance. M/V1/roge, S/Goettel to close public hearing. Motion carried 5-0. M/Elliott, S/Sandahl that this constitutes the second reading of Bill No. 2010-6 modifying electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield and that this also constitutes the second reading of Bill No. 2010-7 modifying_,gas franchise fee on CenterPoint Energy for providing gas service to the City of Richfield and that they be published in the official newspaper and that they be made part of these minutes RESOLUTION NO. 10368 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BOTH ORDINANCES This resolution appears as Resolution No. 10368. Motion carried 5-0. Item #8 CONSIDERATION OF SECOND READING OF RICHFIELD CITY CODE SUBSECTION 549.21 SUBD. 8 AMENDING SIGN ORDINACE RELATING TO NON-COMMERCIAL SPEECH TO BE CONSISTENT WITH STATE LAW S.R. NO. 95 Council Member Sandahl presented Staff Report No. 95. M/Sandahl, S/Wroge that this constitutes the second reading of Bill No. 2010-5 amending City Code Subsection 549.21 Subd. 8 and that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9 CONSIDERATION OF PLACEMENT OF TRAFFIC SIGNAL AT 70T" STREET AND 12T" AVENUE WITH ALL WAY STOP CONTROL S.R. NO. 96 Mayor Goettel presented Staff Report No. 96 Mayor Goettel stated she was concerned about children crossing without the signal. Public Works Director Eastling stated with the signal, cars are allowed to pass at a faster speed, the stop sign will force vehicles to slow down and stop. Mayor Goettel stated she has witnessed cars not stopping at stop signs and that is why she is concerned. She suggested that staff increase enforcement and paint the crosswalk as early this spring as possible to get drivers familiar with the change before school starts next fall. Council Member Wroge stated he agreed. Council Meeting Minutes -5- May 25, 2010 Item #10 CITY MANAGER'S REPORT City Manager Devich provided an update that he would be showing some older Out and -About shows over the Memorial Day Holiday. Item #13 CLAIMS AND PAYROLL M/V1/roge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 05-11-27 A/P Checks: 194598 - 194982 $ 1,025,869.91 PAYROLL 66353 - 66667; 41473-41479 $ 499,851.43 TOTAL $ 1,525,721.34 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:48 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 CONSENT 4A 97 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: lil CHRISTINE COSTELLO, COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Consideration of an Amendment of Commercial Lease with the Minnesota Department of Transportation and Amendment of License Agreement with Transmission Shop, Inc. for the parkins lot at Cedar Avenue and Diagonal Boulevard. I. RECOMMENDED ACTION: By Motion: Approve attached Amendment of Commercial Lease with the Minnesota Department of Transportation License Aareement with Transmission Shop, Cedar Avenue and Diagonal Boulevard. and Amendment of Inc. for the parking lot at II. BACKGROUND In August 2001 the City of Richfield (City) approved a Commercial Lease between the City and the Minnesota Department of Transportation (MnDOT) for the construction of a parking lot on excess right-of-way land (45,750 sq. ft.) at approximately Cedar Avenue and Diagonal Boulevard. At the same time, the City also approved a License Agreement between the City and the Transmission Shop, Inc. (located at 6958 Cedar Avenue) for the use of the parking lot. The City pursued this arrangement with MnDOT as a way to remedy neighborhood parking problems resulting from the relocation of a transmission shop from 6409 Cedar Avenue, acquired for the 66th Street/TH 77 Interchange bridge and ramp project, to the Transmission Shop Inc. location. The original Lease and License Agreement were to expire on June 30, 2006. 060810-Amend Commercial Lease Agreemnt_Trans Shop.doc DEVELOPMENT SPECIALIST In June 2006 the City approved an amendment to the Commercial Lease with MnDOT and an amendment to the License Agreement with the Transmission Shop, Inc. for an extension that was effective through June 30, 2008. In June 2008 the City approved a second amendment that was effective through June 30, 2010. The parking lot has been successful in remedying parking problems in the area. The Transmission Shop Inc., is interested in extending the License Agreement. MnDOT has provided an amendment to the lease to extend it for another two years, after which time, additional extensions can be considered. The License Agreement is also being extended for the same term. Barring any redevelopment in the area or use of the excess land by MnDOT, it is understood by all parties to the Lease and License Agreement that the excess land can be used until at least 2012. III. BASIS OF RECOMMENDATION A. POLICY • The original Commercial Lease and License Agreement allow for term extensions. Amendments to the Lease and License Agreement are set for another two years. Term extensions can be made once the proposed term expires. B. CRITICAL TIMING ISSUES • MnDOT could terminate the Lease if the subject land is needed for highway purposes. Currently it continues to be considered excess right-of-way. • The City could terminate the Lease with MnDOT. However, the Lease is tied to the License. Agreement, which calls for use of the premises until at least 2012. This date was set to protect the Transmission Shop's business interests at the 6958 Cedar Avenue location and to amortize the cost of construction of the parking lot, which was borne by the business owner. The cost of construction of the parking lot was $91,000. C. FINANCIAL • Neither Agreement calls for rent to be paid. The Transmission Shop's construction of the improvements on the excess land was the consideration for this transaction. • Taxes are current and being paid by the business owner through a personal property tax account. Taxes for 2010 are $14,363.19 and disbursed by Hennepin County to the appropriate taxing jurisdictions. • Maintenance and repair of the licensed premises are the responsibilities of the Transmission Shop. D. LEGAL • Kennedy and Graven prepared the original License and the Amendment to the License Agreement for the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not extend the lease with MnDOT or License Agreement with the Transmission Shop. However, parking could again become an issue for the neighborhood. V. ATTACHMENTS • Amendment of Commercial Lease No. 3 • Amendment of License Agreement No. 3 • Commercial Lease • License Agreement • Map of the general area surrounding the leased property VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~-~ Minnesota Department of Transportation Metro District 1500 W. County Road B2 .Roseville, MN 55113 651-234-7699 A~m~r~dm~.n~- ~ ComWlttrGia I ~#3 S.P. 2758 (77=279) 901 LEASE NO. 27692 PARCEL: 0009 AMENDMENT OF COMMERCIAL LEASE No: 3 THIS AGREEMENT, is made by and between the State of Minnesota, Department of Transportation ("Landlord"} and City of Richfield ("Tenant"), and shall be an amendment and addition to Lease No. 27692. WITNESSETH: WHEREAS, Landlord and Tenant entered into Lease No. 27692 ("Lease") involving-the rental of a commercial property; WHEREAS, the parties deem certain amendments and additional terms and conditions mutually beneficial-for the effective continuation of said Lease; and NOW THEREFOR, Landlord and Tenant agree to substitution and/or addition of the following terms and conditions which shall become. a part. of the Lease No. 27692, effective as of the date set forth hereinafter, Effective on June 30, 2010, this Lease No. 27692 shall be renewed for a period of 2 Year(s) commencing- on July 1, 2010 and continuing through June 30, 2012, with the right of termination in both Landlord and Tenant as set forth in the Lease. 2 Effective June 30, 2010, Sections 9 and 10 of the Lease are deleted in their entirety and the following Sections 9 and 10 of the Lease is substituted thereof: 9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on 30 days' prior written notice to Landlord. 9.1 Tenant shall maintain during the full term of this Lease commercial general liability insurance or equivalent form including Premises-Operations Liability, Products/Complete Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it will be equal to or greater than $2,000,000 and applyseparately to this Lease. Commercial Amendment Page 1 of 3 LS1022 5/13/2010 `-~~ -2 9.1.2 This insurance shall be primary with respect to any insurance or self-insurance programs covering Landlord, its officers and employees. 9.2 Tenant shall maintain during the full term of this Lease workers' compensation insurance with statutory limits, and employers' liability insurance with limits not less than $100,000 bodily injury by disease per employee, $500,000 bodily injury by disease aggregate-and $100,000 bodily injury by accident. An Umbrella or Excess Liability. insurance policy may be used to supplement the policy limit to satisfy the full policy„limits required by the Lease. If Minnesota Statute 176.041 exempts Tenant from Workers' compensation insurance or if the Tenant has no employees in the State of Minnesota, Tenant must provide a written statement, signed by the authorized signer of the contract, stating the qualifying exemption that excludes Tenant from MN Workers' Compensation requirements. If during the course of the contract the Tenant becomes eligible for Workers', Compensation, the Tenant must comply. with the Worker's Compensation Insurance requirements included herein andprovide the State of Minnesota with a certificate of insurance. 3. Effective June 30, 2010, Section 20 of:the Lease is hereby deleted and the following Section 20 is substituted therefore: Section 20 .HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not cause or permit any hazardous substance or pollutant or contaminant to be used, generated, stored. or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of .the foregoing, if Tenant causes or permits the presence of any hazardous substance or pollutant or contaminant on the Premises, and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions approved by the Landlord to return the Premises to a condition that is in accordance with all applicable Federal, State and Local regulations. 4. The terms of the original Lease and its amendment(s) are expressly reaffirmed and remain in full force and effect. By this reference the original Lease and its amendment(s) are attached and incorporated into this agreement. Commercial Amendment Page 2 of 3 LS1022 5/13/2010 TENANT City of Richfield Signature_ Print Name Title Date Signature_ Print Name Title Date 4A-3 LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION ' COMMISSIONER OF TRANSPORTATION gy Tom O' Keefe, P.E. Metro Program Delivery Engineer Date Approved as to form and execution OFFICE OF CONTRACT MANAGEMENT gy Title Date Commercial Amendment Page 3 of 3 LS1022 5/13/2010 ~~_ ~ AMENDMENT TO LICENSE AGREEMENT #3 June 8, 2010 AMENDMENT TO LICENSE AGREEMENT THIS AMENDMENT is made and entered into as of June 8, 2010, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota municipal corporation ("Grantor")and the TRANSMISSION SHOP, INC., a Minnesota corporation ("Grantee), and amends that certain License Agreement between Grantor and Grantee dated August 16, 2001. Recitals A. Grantor and Grantee entered into a License Agreement involving the use of certain land at 6945 Cedar Avenue, Richfield, Minnesota, depicted on the attached Exhibit A. B. The parties desire to extend the term of the License Agreement by this Amendment. Terms 1. Effective on June 30, 2010, the License Agreement shall be renewed for a period of two years, commencing on July 1, 2010 and continuing through June 30, 2012, with the right of termination as set forth in the License Agreement. 2. The terms of the original License Agreement are expressly reaffirmed and remain in full force and effect, except as modified by this Amendment. GRANTOR THE CITY OF RICHFIELD By Debbie Goettel, Mayor By Steven L. Devich, City Manager 4A-S GRANTEE: TRANSMISSION SHOP, INC. By Its President STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2010 by Debbie Goettel and Steven L. Devich, the mayor and city manager, respectively, of the City of Richfield, a municipal corporation under the laws of Minnesota., by and on behalf of said corporation. Notary Public STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2010, by the president of Transmission Shop, Inc., a corporation under the laws of Minnesota, by and on behalf of said corporation. Notary Public 2 ~~-~ EXHIBIT A (Sketch Depicting Location of Licensed Premises) i ~ I 1 I I I I t 1 I 1 I I i ..1 I 1 I I I I I I 1 I I i , I I I I I I I I I i I I I I I I I I i I I I I I I I I I I l l l i I I I I I I I I I I I I I 1 I 1 I I 1 1 I I I I 1 I al I I I 1 I I I I I I I I I I I I 1 1 I I I I I I I 1 ~I I ~I I 1 I z 1 1 ~I I I 1 I = I I G 1 -C i I I vi I ~ I I I 1 1 I II 1 1 ~ I 1 ~ I I ~~ 1 1 I I I 1 I I I 1 1 I 1 I 1 I I I I I 1 ; 1 i I , 1 1 I , 1 I I I 1 I I , 1 I 1 , I I ' 1 I 1 , I , 1 I I I t ~ I I • 1 I I I 1 i I 1 1 I . I i 1 I I I 1 I . 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Cs 1 1 I 1 i 1 I 9~ ~\~ S 1 o ~1 t > > m N p O a NI ~I I 11 I I 1 I I 1 ! 1 I 1~ i i m m rn n O J ~.. n A ~ N (D ~ 3 0 0 ~~ F• c ~Q O ~ i ~^ a `C 10 I ~ _T 1 .C. I ... fD I ~ ~ I 1 D R Z C ~o ~~ ~ n D v O 7 U r~ m x O m f O 1~ W ~D rn ~ .'0 I W ~ N 1 3 I 0 o D I n N ~ 1 I ~ F• c ~c I :°. 1 < I ~ o ~ 1 ~a~ D ~ I a ~ j C T 1 rr fD I ~ I 1 1 1 1 1 _ ~ I 7 I y I o ~ ~ I RICHFIELD, .MINNESOTA ~ ?007 PARKING l0T IMPROVEMENTS JNBoneefroo ,'..:x;~~ ,~- `~~ ~~+ CEDAR/JENSEN PARKING LO7 `1~ AnderFk 6 + ~I 517E PLAN 1u1AUOefetea ,,,,,,"~'^^'^ »` »"'» f~w.x..l ~~qx rsrx~ w»iYl..~ ....... _ __. t D r O amN_ 9 I I \ n ~ m O~nl mUyn° o~i n m~oC ~N~ z ~~~ °c m~~ A n, j W N --' Z O -°x ~mm ~ n ~ o y ~ o = ~ . N tD ! ny ? X '~OSa T• .O.O nt0 F m a 1 ^. N ry ~ S ~ N ~ ~' o_ `° o mf ' n m ~ m ~ a w v ~ v! ~c m ~ a ^^ m ~~v N 'D ~ O .~~. to r. ^" ~~~ ~ L71 .r. ++rn~W,[ _. .. ~~o-- ~. _~mn_..r ~, ~- - rte... _. .. ..._ . . _ _ ~. .~ ^T^'~v+,-r,~ ...ate-.-i--to^~j -/~-~' urt9~na1 _~MMtrLia~ Minnesota Department of Transportation Office of Land Management Transportation Building Mai}stop 631 395 John Ireland Boulevard St. Pout, Minnesota SStSS-1899 651.296.9744 S.P.: 275c~ (36=279) PARCEL 5 LEASE NO.: H-06047 ACCOUNT' NO.: 270078 COMMERCIAL LEASE ~..[a5e THIS LEASE is made between the State of Minnesota, Department of Transportation ("Landlord"), City of Richfield, a political subdivision of the State ("Tenant"). Mail Lease to: Mr. Pemf J. Thorvig Community Development Specialist 67Qt3 Portland Avenue Richfield, h1innesota 56423 1T IS AGREED: 1. fn consideration of payment of the rent hereinafter specified. to be paid by Tenant, and the covenants and agreements herein contained, Landlord hereby leases to Tenant that certain property ("Premises") in the County of Hennepin. State of Minnesota, described as follows: Address of Premises: adjacent to the intersection of Cedar Avenue and Diagonal Boulevard, in the City of Richfield as shown on Exhibit A attached hereto and by this reference incorporated herein. Type of P-open;: approximately 45,750 usable square feet of commercial vacant land T his Lease includes improvements, if any, and is in effect for the term of f:ve (5) years commencing on July 1, 200' and continuing through June 30, 2006, with the right of termination in both Landlord and Tenant as hereinafter set forth, 2. RENT. The consideration for this Lease shall be the mutual benefits to both parties of this Lease. 3. USE Or= PREMISES. Tenant shall use the Premises for the following purpose only: public parking and no other use whatsoever. It shall be the sole responsibility of Tenant to comply with alt laws, regulations, or ordinances imposed by any jurisdiction governing the use of the Frernises. Failure to comply wiU not re{lave Tenant of the obligation to pay rent. Tenant's use of the Premises must not interfere with the public's use of any adjacent highway. Signs or displays will be restricted to those indicating proprietorship and type of activities cohducted on the Premises, and will be subject to regulation by Landlord as to number, size, location, and design. -~ ;~„ ..~ 4 A-9 ~. MAINTENANCE AND REPAIRS. Tenant steal( keep the Premises in good conditien at Tenant's own expense, and shall not call on Landlord to make any improvements or repairs. 5. Ck-tARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other charges or expenses connected with Tenant's use of the Premises. 6. NOTICES. All notices herein provided to be given, or which may be given, by either parry to the other, steal( be deemed to have been fully given when served personally on Landlord or Tenant, or when made in writing and deposited in the United States Mail and addressed as follows: To Tenant at the mailing address above stated and to Landlord, Department of Transportation, Office of Land Management, Transporation Building Mailstop 631, 395 John Ireland Boulevard, St. Paul, Minnesota, 55155-'1899. The address to which notices are mailed may be changed by written notice given by either party to the other. 7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time during the term hereof by giving the other party notice in writing at least sixty (60} days prior to the date when the cancellation will become effective. Furthermore, this Lease shall be subject to cancellation by Landlord if the Premises become needed far highway purposes (as determined solely by Landlord) by giving Tenant notice in writing at least thirty (30} days prior to the date when the cancellation will become effective. In the event of cancellation any unearned rent paid by Tenant wits be returned. s 8. INDEMNIFICATIQN AND RELEASE. Tenant shall defend, indemnify, save harmless, and release Landlord and Landlord's employees from and against all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Tenant and Tenant's property) occun-ing on the Premises and cennected t•rit" Tenant's use and occupancy of the Premises, regardless of •,vl;e;`;er such injury, death, loss, or damage is caused in part by: (i) the negLgence of Landlord or (ii) is deemed to be the responsibility of Landlord, because of its failure to supervise, inspect, or control the operations of Tenant or otherwise discover or prevent actions or operations of Tenant giving rise to liability to any person. If any regiigence or responsibility of Landlord is unrelated to Tenant's occupancy or use of the Premises, Tenant will not be obligated to indemnify and hold harmless as set forth above. 9. 1NSUP.ANCE. Prior to execution of this Lease by Landlord, the Tenant shat! provide Landlord with a property executed certificate(s) of insurance which shall clearly evidence the insurance required below, and provide that such insurance will not be canceled, except on thirty (30) days' prior written notice to Landlord. 9.1 Tenant shah maintain during the full term of this Lease commercial genera( liability insurance or equivalent form including Premises-0perations Liability, ProductslCompleted Operations Liability (if applicable), Contractual Liability, and Fire Legal Liability with a limit of not less than S1,000,000 each occurrence. if such insurance contains a genera! aggregate limit, it will apply separately to this Lease. 9.'.1 This insurance shall include State of Minnesota as an insured with respect to 2 ~~-icy performance of Lease. 9. ..2 This ,nsurance shalt be pnmary with respect to any insurance or self-insurance programs covering Tenant, its offcers and employees. 9.2 Tenant shall maintain dunng the full term of this Lease workers' compensation insurance with statutory limits and employers' liability insurance with Limits of not less than S5Qt),Ot}0 each accident. 10. FfRE INSURANCE. Tenant shall hot be required to keep the Premises insured against fire and .extended coverage loss. Tenant shall make no claim against Landlord arising out of any Ivss to the Premises. 11. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized licensees to enter upon the Premises for any of the following purposes: to survey the land, to take soil borings, #o perform utility relocation or repair work, or to perform any other work which is preparatory Io a highway construction project; also to make emergency repairs required for highway safety. ff there is a highway bridge above any part of the Premises, Tenant shall allow Landlord to enter upon the Premises tv inspect, maintain, and repair the bridge and its structural supports. If any of these operations substantially restrict the Tenant's use of the premises, rent will be reduced proportional to the restricted use of the Premises during the period of the restricted use. The reduction (or abatement) of rent will be Tenant`s only claim against Landlord based on such restriction (or abatement} of use. Tenant shall allow Landlord to inspect the premises~nd to show the premises by appointment to prospective buyers or renters. Before entering the Premises for any of the purposes under this paragraph, Landlord will make a reasonable effort to notify Tenant, provided, however, that in case of an emergency affecting highway safety (the existence of which will be determined solely by Landlord}, if Tenant is r,ot present to permit entry onto the Premises, Landlord yr its representatives may enter without notice to Tenant, and for such entry Landlord or its representatives will not be Iiable to Tenant. 12. ADJACENT H1GH'JVAY FACtL(TY. Tenant shall not permit the storage of any substance or material on the Premises which may create a fire hazard to the adjacent highway facility (including any overhead bridge and its structural supportsj. If Landlord determines that Tenant is using the Premises in such a way as to create a danger to The adjacent highway facility or the traveling public thereon, and if, upon receiving notice, Tenant doss not immediately remedy the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease and take possession of the Premises. Any requirement for giving notice of cancellation set out elsewhere in this Lease will not apply to cancellation under this section. Unearned rent paid by Tenant will be returned. !f a part of the Premises is situate under or adjacent to a highway bridge, Tenant acknowledges that Landlord's plowing and sweeping of the bridge may cause snow, ice, sand, or road sweepings to be pushed off the sides of the br,dge or otherwise expelled off the bridge, falling onto the Premises. Tenant agrees that this risk is specifically ir,cfuded in the Tenant's indemnification and release of Landlord appearing elsewhere in this Lease. 3. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease yr sublet the Premises. Notwithstanding anything to the contrary contained in this Section 13, Tenant may sublet the Premises one time during the tear;, without the consent of Landlord, provided: the operation being conducted in the Premises shall remain unaffected; the sublessee shall assume in writing the terms and conditions set forth hereunder to be observed and performed by Tenant; Within five (5) days after receipt by Tenant, Tenant shall pay to Landlord all revenue from any sublease; copy of such sublease shall be famished ten {10} days prior to the effective date of the ~~~~~ sublease; and e. nothing contained herein shalt release Tenant from any of its liabilities or obligations hereunder. 14. C1V1L RIGHTS ACT. Tenant shall not discriminate on the ground of race, color, sex, or national origin against any person in access to and use of the facilities and services operated or otherwise maintained on the Premises; and Tenant shah operate and maintain such facilities and services in compliance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal Regulations, Part 21. 15. DEr=AULT BY TENANT -LANDLORD'S REMEDIES. The following occun-ences are "events of default": (a) Tenant defaults in the due and punctual payment of rent, and such default continues for five (5) days after notice from Landlord; however, Tenant will not be entitled to more than one notice for default in payment of rent during any twelve month period, and if, within twelve months after any such notice, any rent is not paid when due, an event of default shall have occurred without further notice. (b) Tenant breaches any of the other agreements, terms, covenants, or conditions which this Lease requires Tenant to perform, and such breach continues far a period of thirty (30) days after notice by Landlord to Tenant. At any time after the occurrence of either of the above events of default. Landlord may terminate this Lease upon giving written notice to Tenant a'nd may then re-enter and take possession of the:~remises in such manner as allowed or provided by law. Tenant shall pay Landiard all costs and expenses, including at#orney's fees, in any successful action brought by Landlord to recover unpaid rent, or io recover damages for breach of any of the other covenants, agreements, terms, or conditions which this Lease requires Tenant to perform, or to recover possession of the Premises. 1n. HOLDING OVER. 1f Tenant remains in possession of the Premises after the end of this Lease with the consent of Landlord, express or implied, Tenant shall occupy the Premises as a Tenant from month to month, subject to al! conditions, provisions, and obligations of this Lease in effect on the last day of the term. 7. MOVING OUT . At the expiration or sconer termination of this Lease, Tenant shat! leave the Premises in as good condition as when delivered to Tenant (except for ordinary wear and any foss covered by insurance payment to Landlord). ~ 8. SALE OR TRANSFER OF PREMISES. !f Landlord sells or transfers the Premises, Landlord's liability for the performance of its covenants under this Lease shall end on the date of the sale or transfer, and Tenant shall look solely to the purchaser or transferee for the performance of those covenants. 19. RELOCATION ASSISTANCE: Persons, businesses, farms, non-profit organizations, and other entities {hereinafter collectively referred to as Tenant) displaced by cancellation or termination of this Lease, or by moving out prior to cancellation or termination of this Lease, are not classified as "displaced persons" and are not eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and its amendments. ey signing this Lease, TENANT affirms that they are not a displaced person, ~~-/Z 20. HAZARDOUS SUBSTANCES. Tenant shall not cause or permit any pollutant, contaminant, or hazardous substance wastes, or material to be used. stored, generated or disposed of on or in the Premises by Tenant. Tenant's agents, employees contractors, or invitees, other than those pollutants, contaminants, or hazardous' substances, wastes, or materials commonly associated with operatson of Tenant's use. tf pollutants contaminants, hazardous substances, wastes, or materials are used, stored, or generated in any manner, or if the Tenant has caused or allowed the Premises to become contaminated in any manner by pollutants, contaminants, or hazardous substances, wastes, or materials during the term of this Lease, Tenant shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease. This indemnification is intended to, and shall, survive the termination of this Lease. Without limitation of the foregoing, if ?errant causes or permits the presence of any pollutant, contaminant, or hazardous substance. waste, or material on the Premises and that presence results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to the contamination. Tenant shall first obtain Landlord's approval for any such remedial action. (a) As used herein, "hazardous substance{sJ' means any substance, material, or waste that is toxic, ignitable, reactive, or corrosive, and that is regulated by any local government, State of Minnesota, or the United States government. (bj Any pollutant, contaminant, or hazardous substance, waste, or material permitted on the Premises as provided above, and all containers therefor, shall be used, kept, stored, and disposed of in a manner Thai complies with all federal, state, and local laws or regulations applicable to those pollutants, contaminants, or hazardous substances, wastes, or materials. (c; Tenant shall not discharge. leak or emit, or permit to be discharges, leaked or emitted, any material into the atmosphere, ground, sewer system, or any body of water, if that materia! (as is reasonably determined by the Landlord or any governmental authority) does or may pollute the same, or may adversely afifect (a) the health, welfare, or safety of persons, whether located on the Premises or elsewhere, or (b} the condition, use, or enjoyment of the (and. 2?. LEASEHOLD IMPROVEMENTS. Tenant and Landlord acknowledge and agree, Tenant may make improvements to the Premises pursuant to the plans and specifications approved by Landlord's Metro Division Permits Office, which approvals shall not be unreasonably withheld or delayed. Such improvements shall be at Tenant's expense and may include a five foot (5'J in height perimeter security fence, grading and bituminous paving on the Premises. At anytime during the term, if Landlord in its sole opinion determines the grading and the drainage is adversely affecting the surrounding property, Tenant shall make such reasonable changeslimprovements to the grading as requested by Landlord. in addition, at the expiration or earlier termination of the term, Landlord has the optior, to require Tenant to remove any improvements {including the security fence and grading) and restore the Premises to its condition at the commencement of the Lease. Landlord shall provide a thirty (30) day prior written notice to Tenant advising of the Landlord requirement to remove the Tenant-made improvements from the Premises. In the event Landlord does not require Tenant to remove such improvements from the Premises upon Tenant's surrender of the Premises the Tenant-made improvements shall become the property of Landlord. 22. ENTIRE AGREEMENT . This Lease contains the entire agreement between Landlord and Tenant with respect to its subject matter and may be amended only by subsequent written agreement between them. Except for those which are set forth in this Lease, no representations, warranties, ar agreements have been made by Landlord or Tenant to one another with respect to this Lease. ~~~ENAIdE: H:'~PROP6IGMT,WPDATA\27 Hennepm;27t)07H CiN Cf Ricnnfieid lease.wpd ~~--~3 TENANT CORPORATE ACKNOWLEDG1v9ENT FOR TENANT CtTY OF RICHFIELD ,; ~ Signature -riC ~'% ~~ C Print Name rte/ /~/~ SC' y Title Sign: Print Title ~~Ty ~AN~4G,~r~.. Date STATE OF ~tl+~,VtQ-~Sb~Gc. ~ couNTY aF vt~~` }ss. CORPORATE 1 ,, On this ~~ d`ay of ~ 2t't.V>n-~9~' 2Q 0 ~>~ft•ri K..;YS(,~ and t++mt tr~i , personatfy known to me, did swear that they are respectively the Crn•t ~ ~ and v`~ ~ of C,t ~ ~{. a corporation under the taws of the State of ~_, and did execute this instrument on behalf of the corporation by auihority of its Board of Directors on behalf of the corporation. ~_ j ~~ SOT RY PUBLIC My Commission Expires: I ' '~ "°S' LANDLORD, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COMMISSIONER OF TRANSPORTATION BY ~_ K. F, Rasmussen, Direrar ~. Qtfica of Land Management Date ~'-a (~ c~ I Approved as to form ar,d execution FOR THE ATTORNEY GENERAL By ,' `/,~ ~ ~~ I Title /~~s;s~-~~, ~ tt'~Olnr-, ~~t'nkt~t Date ~~~(~~Ut a s •r~r,~ `~ JULIE A ~ rtora?rW • l1F?8AN ~y ~` UB~IGtdINtaESOik N`.' COtd;v1~SS10t4 EX.?iFK$ •-S;.2p05 ^ ~~~.. ~~~ y~~' Date ~. _ _ . .~~ Jf voiv~Da 4yNt r-~ nN +1 Or c C a GN o ~ rig i. v -~ v ~ m -°'• m u nl ~ (U .. to ,~j- t o 2 L N a p ~' y J ~'_ N G s _~ O G _ Ql :~! J TI .. `. v _~ ~ 1: ..-.~ -, ^J , , ~. } kY1d 3tIS Ic', a;:,xard a3sw:u;lavri:; :1.1 °Q'.,y oo~pouog ~~~" ~ sltv3w3noaa~^+, LCl ONU{2iyd O:il ' -.I,I r i:~ry I r.. b 1.OS3t~tNIIN~ '~-'~l.~N~ C ~i, "!-: ~ I C o it ~ ~\{ ---.-..» ~ a. C m .~ I .~ _ o ' .~ ° mr ~ i I ~'t'~ 4 } r I cvl~ ~ ~ © ~ t~ I n ::~ _I _ .J ,1 }, LL' zUV~ Fti~ ,~ :,~ w, '•~.I ~ ~1 ~ I ~~3 r~~ ~ I /~. T C CP X ~. I v W 1 z: '~ Q ~X I I w I ' ` ~ ~ I ~ ~ -- ((~ 2' w w ~ ~ I l u -3 c ~ a (Q V Q I I ~~ N C G VI I ( .... _ _v..~ ~ ~ 1 ~~p~ ~ a ~ 1 ~ CJ -'~~ I i "` I c o -_ f in ' ^I N ..~ /~ ~ ~ i j i °~ I U ~~ vl m ____. _____ ~ ~; ~ ~ - _$• ~ ~; m ' r_; Q wi ~ -cr- ~ ~_ I 1 I C i 1 I _` a _~ i I- _-. ~.- r ; x I ~_ ' c (~~ i ' ~ ~ ~ r,r ~ ,~ I la -I ' _? ~•3 v fe~ I ~ v ~; in I f e ---__ ~ I ~ U I \Yt t e l O D O I I \I 1~ . E a o I r~ U N y I H I 3 +: V7 ~~_~' i I ~ ~. ! , r I ~ I I ,l ., ~ In ~ o , f r . I I l ._ y, I I i I i ~ ~ (~ C i , v ~p ;( I 1`I~;~ !) ~ ~f - ~ I j~~•(~ T i ~~ - ~ ~` t iy ~ a 4" c , . rl/I. I ~~~i~ OP,I~I~!AL Augus# 1, 2001 LICENSE AGREEMENT THIS AGREEMENT made and entered into as of this I ~ l ~y day of ~ j ~~~ L =~ f'` , 2441, by and between THE CITY OF RICHFIELD, MINNESOTA, a Minnesota .municipal corporation, (hereinafter referred to as "Grantor"), and the TRANSMISSION SHOP, INC. , a Minnesota corporation (hereinafter referred to as "Grantee"}. WITIVESSETH: BACKGRGUND. Grantor currently holds an interest in the property that is the subject of this license agreement by virtue of a lease agreement between it, as tenant and the State of Minnesota, Department of Transportation (MnDOT), as Landlord. A copy of the lease agreement is attached hereto as Exhibit A.(hereafter referred to as the "Lease"). Grantee acknowledges that until such time as Grantor acquires title to the property, all of Grantor's rights to and in the property that is subject to this Agreement derive from the Lease, and are subject to the provis}ons and terms of the Lease. Alt TICLE l - GRAINY, TERM. i.l LICENSED PREMISES. In consideration of the fees, covenants and agreements herein reserved and contained on the part of Grantee to be performed, Grantor does hereby license to Grantee the tract of land located at 6945 Cedar Avenue, Richfield, Minnesota and located on land legally described in the attached Exhibit A (hereinafter refereed to as the "Licensed Premises"). 1.2 TER1Vi AND EXTENSIONS. The term of this License shall commence on the Commencement Date, and, unless extended as hereinafter provided, will terminate June 34, 2006 or such earlier date as may be determined in accordance with the provisions of this Agreement. At the expiration of the term the Grantee agrees to vacate the Licensed Premises and deliver the same to the Grantor. Grantee acknowledges that as long as the MnDot Lease or its extension is in place; Grantor's ability to extend this Agreement is dependent upon whether the Grantor's Lease is extended. Grantor agrees that so long as Grantee requests an extension, and is not in default of its obligations hereunder, and further assuming that the use of the Licensed Premises remains appropriate, that it will utilize its best efforts to obtain an extension of the Lease, and if successful, will extend tktis Agreement as well. Upon the acquisition of the property, Grantor shall be entitled to terminate this License at any time follotiving the giving of 180 days written notice of such termination. Provided, however, that such termination must be based upon a failure of the parties to agree upon an appropriate license fee applicable beyond the period described in Section 4.1. Grantor may also terminate the License after August I3, 2411 based on a goad faith determination by the Grantor that the property along with the property owned by Grantee located at 6958 Cedar Avenue is needed for redevelopment or other public purposes. JBD-198267v3 RC 160-4 `T~-I ~j Page 2 AR TICLE II -USE DF LICENSED PREMISES 2.1 GRANTEE'S USE. During the term of this License, the Licensed Premises may be used only for the purpose of the temporary parking of passenger motor vehicles for continuous periods of not more that seven days. At Grantor's written direction, the Grantee shall immediately remove from the lot any vehicle, equipment or item that does not in Grantor's reasonable judgment comply with that purpose. ARTICLE III-IMPRO ITEMENTS 3.1 CONSTRUCTION OF IMPROVEMENTS. The Grantor, acting through its City Council has previously approved the plans and specifications and authorized the advertisement for bids on construction of the pazking lat. {City Project 917-25-957, the "Project"). Subject to its ability to award the contract, the Grantor will commence and prosecute to completion the construction of the parking lot and related site work all as described in the approved plans far the Project. It is anticipated that the work will be completed so that the parking.lgt will be available for use by September 15, 2001. 3.2 PAYMENT OF COSTS OF IMPROVEMENTS. The Grantee shall be responsible to the Grantor for reimbursement of Grantor's expenses incurred in connection with constructing the Project including the transplanting of any trees that need to he moved for construction. Following the tabulation of bids for construction of the Project, but prior to the award, the Grantor will confer with the Grantee as to the amount of the bids. Grantee shall deposit with the Grantor security in a form acceptable to the Grantor equal to 125% of the iawest responsible bid. The Grantor shall be entitled to draw upon the security to reimburse itself far payments made for construction of the Project. If the Grantee, for whatever reason, does not make such deposit, this Agreement shall become null and void, the parties shall be released from any further obligation hereunder, and the Grantor shall have no obligation to Grantee to construct the Project: I-lowever, the Grantee shall pay the project design and city administration costs incurred prior to the time that this agreement becomes null and void. 3.3 COMPLETION OF CONSTRUCTION--COMMENCEMENT DATE. Provided that Grantee is not in default of any of its obligations hereunder, and has fully reimbursed the Grantor for the cost of the Project, the Grantor shall make the Licensed Premises available to the Grantee upon completion of construction of the Project. The date on which Grantor notifies Grantee that the Licensed Premises are available (or such later date as may be stated in the notice) shall be the Commencement Date. 3.4 TREE PRESERVATION AND PROTECTION. Any trees that need to be removed for the construction shall be transplanted elsewhere on the parking Iot site at a location designated by the Grantor. Furthermore, any tree that dies within one year of the Commencement Date shall be replaced by the Grantee with a tree of similar variety and of two and one-half inch caliper. J8D-I98267v3 RC 160-4 '~.A- ~ ~ Page 3 ARTICLE IV -LICENSE FEE 4.1 LICENSE FEE. The parties have determined that the payments made by Grantee for the construction of the Project are equal to the fair value of the license for ten years. Consequently, the parties agree that far the term of the license, and for any extension thereof, not to exceed a total time of ten years from the. Commencement Date, no license fee will be charged Grantee. AR7'ICL.E V -TAXES 5.1. TAXES. The Grantee shall be responsible for all real estate taxes and installments on special assessments which are due and payable in any year following the Commencement Date and continuing until the termination of this Agreement or any extensions thereof. ARTICLE VI -UTILITIES 6.1 CHARGES. Grantee shall ,pay for alI utility services furnished the Grantee for use on the Licensed Premises. ARTICLE VII - MAINTENANCE.4ND REPAIRS 7.1 ACCEPTANCE OF LICENSED PREMISES. The Grantee accepts the Licensed Premises AS IS, and WHERE IS with all faults and defects. Grantee shall be responsible, at its cost and expense to maintain and repair the Licensed Premises to the required standards of the City of Richfield, during the term of this Agreement.- Grantee acknowledges that the Grantor shall have no obligation of any nature to maintain, preserve or repair the Licensed Premises. ARTICLE VIII -ALTERATIONS 8.1 NOTICE TO GRANTOR. Prior to the initiation of any alterations costing more than $5,000, Grantee shall give Grantor written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and materialmen to be utilized. After receipt of said notice, Grantor shall have a reasonable period of time during which it shall make a determination, in its sole discretion, whether or not to permit the work. Grantee shall provide Grantor upon request with any further information reasonably necessary for such determination by Grantor and Grantee shall not commence work or accept materials prior to receiving written notice of Grantor's determination. J$D-!9$267v3 RC 160-4 ~ F} -I 8 Page 4 ARTICLE IX - DESTRUCTIONAND RESTORATION 9.1 DAMAGED. If a significant portion of the Licensed Premises shall be damaged by any casualty whether insured or uninsured, the Grantor shall .have no obligation to repair or rebuild the Licensed Premises. Grantee shall have the option to rebuild ar repair or to terminate this License by exercise of notice to Grantor. ARTICLE X -PUBLIC LIABILITY, INDEMNITY 10.1 GRANTEE'S LIABILITY INStJRANCE. Grantee shall during the entire term hereof keep in full force and effect a policy of liability and property damage insurance with respect to the Licensed Premises, and the business operated by Grantee, in which the limits of liability shall exceed the Policy limits which Grantee currently carries on the Licensed Premises to cover the automobiles that will be parked on the premises.. 10.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life, personal injury, or property damage arising out of any occurrence in, upon or at the Licensed Premises, or the occupancy or use thereof by said party, or occasioned wholly ar in part by any act or omission of said party, its agents, employees, contractors. This provision shall not be deemed as a waiver of any statutory liability limits available to Grantor. ARTICLE XI -ASSIGNMENT AND SUBLICENSING 1 I NO ASSIGNMENT BY GRANTEE. Grantee may not assign this License to a third party,.. including, without limitation, a purchaser of Grantee's business at 6458 Cedar Avenue, without the prior written consent of the Grantor. ARTICLE XII -GRANTEE `S DEFA ULT I2.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Grantee under this License: (a) Grantee shall fail to gay when due any payments or other charges provided herein, or any portion thereof and the same shall remain unpaid for a period of ten -- (10) days after the same has became due; or (b) Grantee shall do or permit to be done anything which creates a lien of record upon the Licensed Premises; and does not cause said lien to be released within ten {10) days after written notice from Grantor; or IB0.198267v3 RC 1 b0-4 ~~_1 ~ Page 5 (e) Grantee has failed to comply with any other provision of this License and has not cured any failure within thirty (30) days, [five {5) days in the case of non- compliance with Section 2.1J, or such longer period of time as may be reasonably required to cure such. default, after Grantor, by written notice, has informed Grantee of such noncompliance. 12.2 GRANTOR'S REMEDIES. Upon the occurrence of any of the above events of default, Grantor may without providing a notice of termination, or without affording Grantee an opportunity to cure (except as to matters for which the right to cure is specifically given in this Agreement}, immediately notify Grantee of such default and may, with such notice, retake possession of the Licensed Premises. 12.3 COSTS, EXPENSES AND ATTORNEYS' FEES. If one party is required to seek legal counsel for collection or to commence or defend litigation in order to enfarce or enjoy the covenants and agreements in this License, the party prevailing in such collection, litigation shall have the right to reimbursement from the other party of alt reasonable costs, expenses and attorneys' fees. AR TICLE XIII -- GRANTOR DEFA ILL T 13.1 DEFAULT NOTICE TO GRANTOR.. Should Grantor default in the performance of any of the covenants on the part of the Grantor to be kept or performed and such default shall continue for ten (10} days after written notice to Grantor from Grantee specifying such default, Grantee shall have the same remedy as is available to the Grantor in section 12.2 above. ARTICLE XIV -MISCELLANEOUS PROVISIONS 14.1 COVENANT OF QUIET EN30YMENT. Grantee, subject to the terms and provisions of this License, on payment of the license fee and observing,- keeping and performing all of the terms and provisions of this License on its part to be observed, kept and performed, shall lawfully, peaceably and quietly and exclusively have, hold occupy and enjoy the Licensed Premises during the term hereof without hindrance o.r objection by any persons lawfully claiming under Grantor. 14.2 ACCESS TO LICENSED PREMISES. Grantee shall allow Grantor and its officers, agents, assigns, contractors and employees access to the Licensed Premises during regular business hours, on 24 hours' prior notice for purposes of inspecting, surveying, testing and any other pre-demolition activities which are deemed necessary to the Grantor for purposes of reuse of the Licensed Premises. The Grantor will use reasonable efforis not to interrupt or disturb Grantee's business in the course of conducting said activities, and shall indemnify Grantee for any damage to inventory, stack, moveable trade fixtures and like items occasioned by such activities. 14.3 SURRENDER OF LICENSED PREMISES. At the expiration or termination of JBD-198267v3 RC 160-4 ~E~-~~ Page 6 this License, Grantee shall surrender the Licensed Premises in an "as is" condition, but may remove therefrom all advertising signs and devices and all other property placed on the Licensed Premises by Grantee. All such items not removed shall forfeit to and be deemed the exclusive property of Grantor. 14.4 LIENS. Grantee agrees not to suffer or allow any Liens to be placed against the Licensed Premises as a result of Grantee's activities during the term of this Agreement; including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, alteration or construction of the Licensed Premises. I4.5 NO DAMAGES, NO RELOCATION BENEFITS. Grantee understands and acknowledges that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only because Grantee has agreed that it will make na claim for damages upon termination of this Agreement. Specifically, and without limitation of the foregoing, Grantee understands that upon the expiration or other termination of this Agreement, Grantor has no obligation to provide it with other parking, to compensate it for the value of lost parking, to compensate it for the impact of the lost parking on the value of the business, or on the income or profitability of the business, to acquire the business or any part thereof, to pay or offer relocation benefits or relocation assistance. 14.6 NO PROPERTY INTEREST. This instrument is not a lease, creates no landlord- Tenant relationship, and nothing in this Agreement will. be deemed to create any property interest other than as expressed in this Agreement. I4.7 GOVERNTING LAW. The laws of the State of Minnesota will govern the validity and interpretation of this Agreement. I4.8 NOTICES. Any notice which is required under this License shall be deemed "given" upon hand delivery or three {3) days after prepaid pasting in the U. S. Mali whichever shall first occur. IN WI"iNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. GRANTOR: THE CITY OF RICHFIELD ;. Martin Kirsch Its: Mayor f~ ,. ; , ~ - I , , `~. Samant~} a d~tno ~~ j~~~-19H267Y3 RC i f,~-4 ~/~~al Page 7 STATE OF MINNESOTA Its: City Manager GRANTEE: TRANSMISSION SHOP, INC. By: ~-_--~ _-''r Its: Presiders ss.: COUNTY OF HENNEPIN J,.~ The foregoing instrument was acknowledged before me this ,'"`~ day of I-~zt lls~°" 2441, by Martin Kirsch, the Mayor of the City of Richfield, a Minn ata public corporation, on behalf of the core ration. FRANCES M. FLET' f ( r Ntrrt,RV ptrei.~c - ~~C., L:..,,~ ~ •''~ j ' ' ` ~ - e-~~.- • MY CG~AMISSE bliC a,~A~ye` JANU,~R~RY 37,200.5 ~,~p,~ >WY4~"• /~`.'~,'~zP'.t?'`i 4!{~A ••'~S,N'~IST3Y~ JBD-198267v3 RC 160-4 ~~}-22. Page s STATE OF MINNESOTA COUNTY OF HENNEPTN ss.: The foregoing instrument was acknowledged be ~t ~~ ~-~ ~~ , 2001, by Samantha Orduno, the City a Minu~sota public_ corporation,Q~„1~~;,f~~ corporation. FRANCES M.F1EfCHER rao~ra~rPUat~-u~ ~ ,~~ Gc. tt c'.L.~ MY COMMkSSlON public JANUARY 31, STATE OF MINNESOTA COUNTY OF HEIv'NEPIN ss.: fore me this ~ day of Manager of the City of Richfield, '~ 4 `~ / I The foregoing instrument was acknowledged before me this ~~ ~ day of ~V 2Q01, by ~~n ~• ..~,,- tS-eh ,the Fresident offransmission Shop, ne., a corporation under the laws of the State of Minnesota, on behalf of the corporation. n Notary Public PAMELA d. BOCIKHOUT ~- NopKy Pubtic JSU-198267v3 RC 160-4 ~~-~:3 Parking Lot at Cedar Avenue and Diagonal Boulevard AGENDA SECTION: AGENDA ITEM # REPORT # ~. ,.. ._ STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 CONSENT 4B 98 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: d FRANCIE FLETCHER, H. R. COORD. NAME TITLE ITEM FOR COUNCIL CONSIDERATION: Resolution authorizing the City not to waive the monetary limits on statutory municipality tort liability I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. II. BACKGROUND The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). A requirement of that insurance coverage is that each participating municipality must annually either affirm or waive its statutory limits of liability. This action must be taken before July 1 of each year. The current statutory limits of liability for Minnesota cities are $300,000 for an individual claimant and $1,000,000 per occurrence. Cities can waive those limits by allowing an individual claimant to recover more than $300,000, up to the $1,000,000 occurrence limit or more if limits are waived and excess liability insurance is purchased. They may also waive the per occurrence limit and purchase excess liability insurance. 0608 Tort Liability Historically, Richfield has not waived its limits of liability. This is true of slightly more than half of the cities in Minnesota. Richfield has also elected not to purchase excess liability coverage for the past several years. The cost of excess liability insurance has been, and continues to be very expensive. An additional $1,000,000 of coverage would cost approximately $70,000 annually. Moreover, buying the coverage may expose the City to liability exposure in excess of the statutory $1,000,000 cap. III. BASIS OF RECOMMENDATION A. POLICY • The State Statute establishing liability limits for cities at the current $1,000,000 level was established fairly recently and appears to be a reasonable limit. • Historically, the majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by Statutes 466.04. • The Council could waive its statuary limits in future years if a decision was made to do so. The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. B. CRITICAL ISSUES • The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2010. This action must be completed on, or before that time. C. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for $1 million of coverage would be between $65,000 and $75,000 if the City does not waive its liability limits. D. LEGAL • The tort liability limits established by Minnesota Statutes have protected cities historically and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. IV. ALTERNATIVE RECOMMENDATION~S~ • If the Council feels that any single claimant should receive more than the $300,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,000,000 per occurrence limit is not adequate, the City could purchase excess liability coverage and subsequently waive the limits of liability up to the amount of excess coverage purchased by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~--I RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. 2010. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June, Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # r~ STAFF REPORT CITY COUNCIL MEETING .TUNE 8, 2010 CONSENT 4C 99 REPORT PREPARED BY: DEPARTMENT DIRECTOR ^ REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER ITEM FOR COUNCIL CONSIDERATION: First reading of ordinance amendments to the Food code, Section 615.02; Public Pool code, Section 420; Lodging code, Section 1190 of the Richfield City Code, and schedule a second reading for June 22, 2010. The amendments relate to the adoption of State of Minnesota rules and statutes reaardinq food, lodainq and public pools. I. RECOMMENDED ACTION: By Motion: Approve a First reading of the following ordinance amendments to the Richfield City Code regarding food, lodging, and public pools: 1. the Food Code, Section 615.02; 2. the Public Pool Code, Section 420; and, 3. the Lodging Code, Section 1190, and schedule a second reading for June 22, 2010. II. BACKGROUND The City's codes relating to food, public pools and lodging must be updated from time to time to include the adoption of appropriate State Statutes and Rules to be in compliance with the State of Minnesota per our delegation agreement with the State. 0608 First Reading Ordinances Food, Pool and Lodging Code Amendments NAME, TrrcE These Statutes and Rules are enacted to establish standards for the regulation of food establishments, public pools and lodging establishments and are required to be adopted to protect the health, safety and general welfare of the public. A second reading is scheduled for June 22, 2010. III. BASIS OF RECOMMENDATION These amendments are enacted to establish standards for the regulation of food establishments, lodging establishments and public pools in Richfield to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statues, Chapter 145A. The principal objectives of these amendments are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. A. POLICY • These amendments are also required in order to be able to renew the delegation agreement between the City of Richfield and the Minnesota Department of Health giving Richfield the ability to inspect, license and regulate food and lodging establishments and public pools. B. CRITICAL TIMING ISSUES • On June 22, 2010 staff will also bring forward, for approval, a new version of the delegation agreement between the City of Richfield and the State. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed and approved of these amendments to our codes. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could choose not to approve the amendments which would result in the City no longer being able to maintain a delegation agreement with the State of Minnesota to inspect, license and regulate food and lodging establishments and public pools. V. ATTACHMENTS • Ordinance amendments for the Food code, Section 615.02; Public Pool code, Section 420 and Lodging code, Section 1190. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~(C-1 CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO REGULATION OF FOOD ESTABLISHMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1: Section 615 of the Richfield City Code is amended by adding a new subsection to read as follows: 615.02. Findings and Purpose. This section is enacted to establish standards for the regulation of food establishments in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing food establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, Chapters 157 and 28A; and (b) Minnesota Rules, Part 4626, except for 4626.1715, subpart B, 4626.1720, subpart B, and 4626.1755 through 4626.1780. Sec. 2. Section 420 of the Richfield City Code is amended by adding a new subsection to read as follows: 420.02. Findings and Purpose. This section is enacted to establish operation and maintenance, design, installation, and construction standards for public pools and facilities related to them, in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. For the purpose of prescribing regulations governing public pools, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Rules, Parts 4717.0150 through 4717.3975 and Minnesota Statutes, Section 144.1222. Sec. 3. Section 1190 of the Richfield City Code is amended by adding a new subdivision to read as follows: '~ C-2 1190.04. Findings and Purpose. This section is enacted to establish operation and maintenance, design and installation standards for lodging establishments, in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing lodging establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, chapters 157 and 327; (b) Minnesota Rules, Part 4625, except for 4625.2300; (c) Minnesota Rules, Part 4717.7000, subpart 1(D). Sec. 4. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this day of , 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # /+D STAFF REPORT REPORT # loo CITY COUNCIL MEETING JUNE 8, 2010 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an agreement with Hennepin County for funding the Lincoln Athletic Complex. I. RECOMMENDED ACTION: By Motion: Approve the attached agreement with Hennepin County for funding for funding the Lincoln Athletic Complex. II. BACKGROUND The City received a grant from Hennepin County to help fund the Lincoln Athletic Complex in the amount of $240,000. To receive the funds, Hennepin County requires City Council approval of the attached grant agreement. If approved, the City will agree to use the funds for Lincoln Athletic Complex and place a permanent plaque in the facility identifying that the project was made possible by funds from the Hennepin County Youth Sports Program. The project is near completion and is expected to open for play in June, pending turf development. III. BASIS OF RECOMMENDATION A. POLICY • The attached agreement is a requirement of the Hennepin County Youth Sports Grant and City Council considers and executes these types of agreements for the City. 0525 Hennepin County Grant Agreement B. CRITICAL ISSUES • The project is near completion and the City can request the grant funds upon completion of the project. C. FINANCIAL • The grant award will reduce the City's internal loan for the Lincoln Athletic Complex from $756,740 to $516,740. D. LEGAL • The City Attorney has reviewed the attached agreement. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Hennepin County Youth Sports Grant Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None r. ~©-1 Contract No: A100105 AGREEMENT FOR LINCOLN ATHLETIC COMPLEX RENOVATION PROJECT This Agreement is between the County of Hennepin, State of Minnesota ("COUNTY"), A-2300 Government Center, Minneapolis, MN 55487, and the Cit~of Richfield, 6700 Portland Avenue, Richfield, MN 55423 ("LOCAL UNIT OF GOVERNMENT "herein "LGU"). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes. 2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. In 2009, as part of the Hennepin Youth Sports Program, by Resolution No. 09-0598, Hennepin County authorized an award of $240,000 to the LGU for the Lincoln Athletic Complex Renovation ("Project"). NOW, THEREFORE, the parties hereto do hereby agree as follows: The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT The LGU agrees to complete the Project described in Section 2 by December 31, 2010. The COUNTY agrees to contribute, an amount not to exceed $240,000 to the LGU for the Project. 2. USE OF FUNDS The LGU shall use all funds received under this Agreement for construction of the Project in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The application for the Project dated November 2, 2009 is on file with Hennepin County and this application is incorporated into this Agreement by this reference. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The LGU agrees that the Project will include a permanent plaque or sign, as agreed to by the LGU and COUNTY, identifying that the Project was made possible by funds from the Hennepin Youth Sports Program. ~~-2 PAYMENT FOR SERVICES Payment shall be made directly to the LGU upon the presentation of a claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. The LGU shall submit invoices for Project expenses with a letter which will be furnished by the COUNTY (see Attachment B). Payment shall be made within forty-five (45) days from receipt of the invoice. All funds shall be paid to LGU after COUNTY has agreed that the Project is complete, demonstrated by a Certificate of Occupancy. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting LGU as the agent, representative, or employee of the COUNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against LGU, its officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COUNTY'S policies against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is 2 ~ ~ -3 protected by applicable Federal or State laws. against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they maybe liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes as waiver by the LGU of any statutory or common law defenses, immunities, or limits on liability. The LGU cannot be required to pay on behalf of themselves and/or COUNTY, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for COUNTY and LGU may riot be added together to determine the maximum amount of liability for LGU. 8. DATA PRACTICES LGU, its officers, agents, owners, partners, employees, volunteers and subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data. privacy or confidentiality. If LGU creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU's~ officers', agents', owners', partners', employees', volunteers', assignees' or subLGUs' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS -AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, 3 4D-~ and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and pr-ovisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by LGU, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligations under - the Agreement. C. LGU shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subLGUs in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subLGUs. Contracts between LGU and each subLGU shall require that the subLGU's services be performed in accordance with the terms and conditions specified: LGU shall make contracts between LGU and subLGUs available upon request. 1 1. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 4 ~f D- ~~ 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until LGU's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement maybe canceled with or without cause by either party upon thirty (30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission ("MASC") will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding appropriate documents to COUNTY for processing and/or execution (i.e., grant contract and invoice requests). MASC will serve as contact for grant administration and/or processing inquiries. Kimberly Spates, or successor (County Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COUNTY and LGU. 5 ~~~p 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. LGU shall comply with all applicable federal, state and local statutes, regulations, .rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a parry under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Deparhnent at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 16. PROMOTIONAL LITERATURE LGU agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 6 ~~-~ LGU AUTHORIZATION organized under: *LGU: By: Its: And: Its: Statutory Option A Option B Charter *LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's Office COUNTY OF HENNEPIN STATE OF MINNESOTA Date: Bv: Chair of Its County Board ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: 7 ~Q-8 [IF THE CONTRACT IS WITH A USE THIS SIGNATURE PAGE. IF A IS ORGANIZED UNDER THE STATUTORY STANDARD FORM OR UNDER OPTIONAL PLAN A, THE MAYOR AND CLERK MUST SIGN AND THE CORPORATE SEAL MUST BE AFFIXED; UNDER OPTIONAL PLAN B, THE MAYOR AND MANAGER MUST SIGN; UNDER CHARTER, INQUIRE OF WHO IS AUTHORIZED TO SIGN. A NOTARY IS NOT REQUIRED, HOWEVER, A CERTIFIED COPY OF COUNCIL RESOLUTION AUTHORIZING CONTRACT MUST BE ATTACHED.] 8 AGENDA SECTION: CONSENT AGENDA ITEM # LFE REPORT # 101. STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NANCY GIBBS, CITY CLERK ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution establishing an absentee ballot counting board for the state primary and general elections. I. RECOMMENDED ACTION: By Motion: Adopt the resolution establishing an absentee ballot counting board for the state primary and general elections. II. BACKGROUND • Minnesota Statutes, Section 2036.121 provides for any municipality to authorize, by ordinance or resolution, an absentee ballot counting board. The board shall consist of a sufficient number of election judges appointed as provided in Minnesota Statutes, Sections 2046.19 through 2046.23. The absentee ballot counting board may examine all returned absentee ballot envelopes and accept or reject absentee ballots in a manner provided in Minnesota Statutes, Section 2036.121. III. BASIS OF RECOMMENDATION • By establishing an absentee ballot counting board the voter has an opportunity to correct any errors or omissions that caused their absentee ballot envelope to be rejected. NAME, TITLE A. POLICY • Absentee ballot counting boards need to be established by ordinance or resolution. B. CRITICAL ISSUES • The City needs an absentee ballot counting board to be established at least 46 days before the 2010 state primary election. C. FINANCIAL • The City will need two election judges daily which will increase some election costs. D. LEGAL • State law requires we must establish and appoint an absentee ballot counting board. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~t~-i RESOLUTION NO. RESOLUTION AUTHORIZING ESTABLISHING AN ABSENTEE BALLOT COUNTING BOARD FOR THE STATE PRIMARY AND GENERAL ELECTIONS. WHEREAS, pursuant to Minnesota Statutes, Section 2036.121 and 2036.14, as amended, an absentee ballot counting board is established. The board has those powers and duties, and shall be appointed in the manner provided by law; and WHEREAS, the absentee ballot counting board is authorized to examine absentee ballot envelopes and receive or reject absentee ballots in the manner provided by Minnesota Statutes, Section 2036.121 and 2036.19, as amended; and WHEREAS, the absentee ballot counting board shall be appointed for each general and special election in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield does hereby approve guidelines establishing an absentee ballot counting board and authorize the City Clerk to oversee the appointment and procedural processes. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # LFg REPORT # 102 STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK DEPARTMENT DIIZECTOR REVIEW: SIGNdTU REVIEWED BY CITY MANAGER: .P/Vr ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution appointing election judges for the August 10, 2010 Primary Election and the November 2, 2010 General Election. RECOMMENDED ACTION: By Motion: Adopt the resolution appointing election judges for the August 10, 2010 Primary Election and the November 2, 2010 General Election. II. BACKGROUND Minnesota Statute 204B.21 Subd. 2 provides that election judges for precincts in a municipality shall be appointed by the governing body of the municipality and that the appointments be made at least 25 days before the election at which the election judges will serve. The City Clerk's office has completed updating and verifying the City's election judge availability list. All individuals who have previously served as an election judge, were on the list submitted to the County Auditor by the major political parties, or have expressed an interest in serving as an election judge were sent a questionnaire to: 1. Determine whether or not they wished to remain on the election judge availability list. 2. Verify existing file information regarding address, political party, etc. 3. Receive an indication of availability to work at the 2010 scheduled elections. The attached resolution contains the names of all of the individuals on the updated election judge availability list. Appointment by the City Council will allow them to serve as election judges at the Primary Election, the General Election or both elections, this will also allow the judges to serve on the absentee ballot board. Election judges will be assigned to the precincts based on availability, party balance, and the number required for each election. The General Election will require assignment of the greatest number of available judges. III. BASIS OF RECOMMENDATION A. POLICY • The City Council is required by State Statute to make election judge appointments at least 25 days prior to the election. • The proposed resolution contains names of those qualified individuals who have indicated a willingness and ability to serve as an election judge for the August 10, 2010 Primary Election and the November 2, 2010 General Election. B. CRITICAL ISSUES • If the City Council does not appoint election judges, the conduct of the election would not be valid. C. FINANCIAL • N/A D. LEGAL • Compliance with Minnesota Statute 2046.21, Subd. 2. The Primary Election will be conducted on Tuesday, August 10, 2010 and the General Election will be conducted on Tuesday, November 2, 2010. Therefore, the City Council must appoint election judges to serve at these elections. The names come from a list of people who have indicated their interest in serving as an election judge to the County Auditor pursuant to the provisions of M.S. 2046.21 Subd. 1 and those who have previously served or indicated interest in serving. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could chose to appoint others who are not named in the resolution. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~r---/ RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION OF AUGUST 10, 2010 AND THE GENERAL ELECTION OF NOVEMBER 2, 2010 WHEREAS, a State Primary Election will be held on Tuesday, August 10, 2010 and a General Election will be held on Tuesday, November 2, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, that the following are hereby appointed as judges for said elections: James Alagna Tanya Alsip Robert Amundson William Andersen Janis Anderson Belen Andrada Marietta Andrada Shirley Evenstad Mary Ann Ashmead Carol Athey James Atkins Cheryl Avenson Pat Bailey Thomas Ballinger Joan Bargman Charles Bauer Jr. Corliss Becker Patricia Fischer Brad Benson Mitchell Berg Robert Berge Marlys Bergstrom Ella Bert Marilyn Birkelo Thomas Birkelo David Bodin .Judith Goebel Andrew Boeke Mary Boespflug Reed Bornholdt Louise Bouta Richard Blevins Gail Brinkman Hazel Burnside Marjorie Cain Angela Carlson Jan Carroll Ellen Clements Stanley Cromer Ellen Cutter David Dahl Marie Dallager Elizabeth Dawson Emily Day Sandra Decker Gladys Denesen Joanne Dentinger Delrose Desrosier Marguerite Dozois Cindy Dubansky Denise Eckerman Dee Ann Edlund Liz Ekholm Betty Elenbaas Linda Elsen Margaret Erickson Susanne Erickson Mary Jo Fadell Angie Faison Denise Famodu Donna Fischer Sheila Fitzgerald Sharon Flick Jette Floberg Beatrice Frankus Angela Gallant Timothy Gallant Rosemary Gardner Nancy Garwick Kathy Gesler Joe Garcia Dennis Gillespie Earlene Goalen Mary Gover Patricia Grahn James Grant Rebecca Guarino Roger Guarino Betty Gustafson Dorothy Haffely Earl Hagen Amy Meier Brent Gross Leonard Hardie Adrienne Hayes Diane Healey Linda Heaner Jackie Heinen Gertrude Herll Mae Hermansen Ann Hagens Linda Hinz Oliver Hoffman Ilene Holen JoAnn Holt Jeanette Holter John Holter JeNee Honnigford Nancy Hoon Marion Horning Donald Houlding Bob Houlton Molly Illes Kevin Johnson Robert Johnson Sita Johnson Janell Joyner Doug Kleist Kalla Kalloway Betty Kamps Danette Kamrath Thomas Keegan Jessica Knutson Laura Kelnhofer Bev Kenealey Nancy Kerr Amy Meier Nancy Kilpeck June King Elisabeth Kingdon ~~ 2 Ada Miller Donna Knesting Barbara Knoll Rosemary Koelln Joseph Kovach Lois Kovach Joan Kraft Brian Kroulik Kathleen Kurtz Bernadette Lais Kathie Lane Ronald Lerom Susan Lewis Nancy Lindberg Cherill Lindquist Jeanette Lofstrom Lester Loney Jeanne Loomis Dorothy Lowe Don Ludwig Eleanor Maanum Aleta Macon Abelardo Malicsi Cynthia Mandl M. Karen Marso Thomas Marso David Martin Norma Martin Paul Matuschek Andrew May Eric Mayo Karin McComb Patrick McFadden Sandy Menning Alice Monsen Lee Monssen Richard Morey Carol Mortenson Philip Mortenson Isabelle Moulinier Eileen Muelken Don Mueller Peggy Mullick Tom Murphy Geraldine Nachicas Helen Nachicas Ivar Natins Jeffrey Nelson Kay Nelson Linda Nemitz James Niemackl Thomas Niemackl Dawn Dolid David Nyholm Jan Nyholm Laura Naeve Joy O'Brien Julia O'Sullivan Martha Obenchain Brad Obert Marlene Odegard Chris Okey Joan Olinger Mary Olson Robert Olson Lois Omlie Fern Oreck Mark Pafiolis Jeannine Pafko Ruth Pafko Betty Pedric Joe Pedric Bette Peltola Sylvia Robbins Monica Petrov Francis Ploog Robert Allen Diane Rappe Thomas Rappe Theresa Redington Julie Remarcik Carolyn Ring Barbara Cassius Thomas Cosgrove Donna Roe Paul Roe Jeff Rundgren Jeet Sausen Donald Sayler Phil Schaffer Sandy Schmidt Harald Schoubye Margaret Schow Judith Schultz Dale Wysocki Andrew Seffrood Kelly Shroyer Eric Smith Julie Smith Margaret Smith William Snyder Marlys Solt Becky Spitzack Jim Spitzack. Erin Steitz-Follett Michael Stone Jason Stroth Catherine Sullivan Bill Swanson Roger Swanson Michele Swarbrick Jean Swenson Karen Tannahill Myrtle Thom Doris Thorson Claire Todd Pat Toney Gertrude Ulrich Phyllis Unger Beatrice Van Liew John Ashmead James Versteeg Kenneth Vevea Linda Vigen Denise Walter Neil Starkwealth Pearl Weitbrecht Bob Wells .Elaine Wetsch DePaul Willette Susan Williams Jane Winberg Genevieve Wodnick Jean Wold Shirley Wold Judy Wood Marian Woolery Robert Sunderlin Twila Wysocki Betty Young Janelle Zeinelabdin Lawrence Martin Judy Twisk Laurel H. Bruno Patricia Thompson Daniel Trautmann Tasha Waldron Frank Wright Julie Zumpano Sophia Zumpano ~~ 3 PASSED by the City Council of the City of Richfield, Minnesota this 8th day of June 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 CONSENT 4G 103 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: d CHRIS LINK, OPERATIONS MANAGER STREET/FORESTRY NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Approve the cancellation of a special assessment for the removal of diseased trees at 6438 Vincent Avenue South. I. RECOMMENDED ACTION: By Motion: Approve the cancellation of a special assessment in the amount of $2472.00 for the removal of diseased trees at 6438 Vincent Ave South. II. BACKGROUND At their August 11, 2009 meeting, the City Council approved a $2,472 assessment against the property at 6438 Vincent for the removal of a Dutch Elm Diseased backyard tree. The property was in foreclosure at the time. The property had changed ownership multiple times during and after the special assessment process in 2009. Due to some possible miscommunication during the search for pending assessments as part of a title search, City staff is recommending that the special' assessment against the property be cancelled. The City Attorney concurs with the recommendation. III. BASIS OF RECOMMENDATION A. POLICY 060810SpecialAssessCancel An abatement of a special assessment that has been certified must have the approval of the City Council (Minnesota Statute Section 270C.86, subd. 1). B. CRITICAL TIMING ISSUES • None C. FINANCIAL • The special assessment for the property at 6438 Vincent Ave S. is $2472.00. The Revised 2010 Forestry Division Budget will reflect the change D. LEGAL • Staff is following the procedures outlined by the Hennepin County Taxpayer Services Department. • The City Attorney will be available to answer any questions. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council may choose to deny the cancellation of the special assessment. However, City staff believes that the City could incur legal casts trying to defend the claim. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JUNE 8, ZO10 PIIBI.IC HEARING 6 104 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY _ _ _.. ___ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of,transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve second reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. II. BACKGROUND • At the December 8, 2009 City Council meeting, the City Council authorized $450,000 of Special Revenue Funds for improvements to City recreation capital improvements in 2010. • At the May 11, 2010 City Council meeting the Council approved the first reading providing for the expenditure of funds from the Special. Revenue Fund for certain capital improvements. The planned expenditures are as follows: • Outdoor Pool Renovation Loan Repayment 103,800 • Park Maintenance Projects 50,000 • Richfield Municipal Center 125,000 • Lincoln Field & Other Ball Field Improvements 101,200 • Type 1 Skate Park 70,000 • Finally, the 2010 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including, municipal state aid, user fees, 0608Transitory Ord federal grants and state grants, however, authorization by ordinance is not required for expenditures other than Special Revenues. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. This process provides for public input through a public hearing. B. CRITICAL TIMING ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. It is prudent to complete the ordinance requirements early in the year so any capital projects planned can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. C. FINANCIAL • While the total 2010 Capital Improvements Budget (CIB) includes total budgeted expenditures of $25,731,230 the portion of CIB concerning proposed funding from the Special Revenue fund is $450,000 as shown below: Outdoor Pool Renovation Loan Repayment 103,800 Park Maintenance Projects 50;000 Richfield Municipal Center 125,000 Lincoln Field & Other Ball Field Improvements 101,200 Type 1 Skate Park 70,000 A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. The source of Special Revenue funds is municipal liquor profits. D. LEGAL • First reading of the ordinance was approved at the May 11, 2010 City Council meeting and a notice of public hearing was published on May 27, 2010. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could postpone the second reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to authorize none or only a portion of the expenditures identified from the special revenue in the CIB. V. ATTACHMENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. l0"~~ BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL~IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the .making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Outdoor Pool Renovation Loan Repayment 103,800 Park Maintenance Projects 50,000 Richfield Municipal Center 125,000 Lincoln Field & Other Ball Field Improvements 101,200 Type 1 Skate Park 70,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 8th day of June 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: RF.SnT.DTT_ON AGENDA ITEM # ] REPORT # 105 STAFF REPORT ._ CITY COUNCIL MEETING JUNE 8, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the contract with the 911 Dispatchers LELS Local 225 for the contract period January 1, 2010 through December 31, 2010. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving the provisions of the 2010 labor agreement with the 911 Dispatchers LELS Local 225 bargaining unit and authorize the City Manager to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the 911 Dispatchers LELS Local 225 (Union). The provisions of the one year contract for calendar year 2010 cover all of the employees in this Union, which consists of 9 positions: 6 full-time employees and 3 part-time employees. During the course of negotiations, City staff made the Union aware of the severe financial constraints the City is facing in 2010 and beyond and sought a zero percent wage adjustment for the entire contract year, to which the Union has agreed. The City did not provide a wage adjustment for General Services and Management employees for 2010 and has sought the same for the other bargaining units. 0608dispatchers contract NAME, TITLE The tentatively approved settlement includes the following significant changes: Wages A zero percent wage increase for contract year 2010 (eligible employees will still receive a step increase). Health Insurance A $75 increase to the Employer health insurance contribution which provides full coverage at the High Option plan for single Employee at $666.76 per month, $855 per month for Employee plus spouse or Employee plus child(ren) coverage and $905 per month for Employee plus family coverage. For Employees who select the single tier $2500 High Deductible Health Plan option, the Employer will contribute a maximum of $227 per month into the Employee's Health Savings Plan. A $3 increase to the Employer contribution for Employee single dental insurance coverage, from $34 per month to $37 per month. An increase to the Employer-provided basic term life and accidental death and dismemberment insurance policy from $25,000 to $35,000. Training Pay An increase in the training pay rate from $1.55/hour to $1.65/hour, effective January 1, 2010. Vacation Leave Effective December 31, 2010, an additional 8 hours of vacation leave for employees with 30 years or more of service to the City. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated in good faith with the Union and its representatives and is bound under the Public Employer's Labor Relations Act to meet and bargain over the terms and conditions of employment. • The proposed settlement for the health, dental and life insurance provisions is identical to those provided to non-union City employees. The City has a long history of providing the same level of insurance benefits to all eligible City employees. These provisions are also identical to settlements reached with Police Officers, Police Supervisors and Local 49. • The zero percent wage increase represents the same zero percent wage adjustment implemented for non-union City employees. The Union has agreed to a zero percent wage increase as long as the other bargaining groups within the City also adopt the same wage terms. Firefighters Local 1215 is the only bargaining unit that remains unsettled for 2010. B. CRITICAL TIMING ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2010 wages and benefits, it is recommended that the City Council act on June 8, 2010 to adopt the attached resolution providing for contract changes effective January 1, 2010. C. FINANCIAL • No general wage increase for contract year 2010. • A maximum $75 increase in Employer monthly contribution towards health insurance coverage for 2010. • A $3 per month increase in Employer monthly contribution towards employee single dental insurance in 2010. • An increase in the Employer-provided basic life and accidental death and dismemberment insurance policy from $25,000 to $35,000. The City has not increased the value of this policy in over ten years. As a member of the Local Government Information Systems group (LOGIS), the City joined the switch in life insurance providers to The Hartford, effective January 1, 2010. The Hartford's lower rates allow the City to increase Employer-provided life insurance benefits at no additional cost. • A 10 cent increase to the training pay from $1.55 to $1.65/hour. This pay is only provided when Dispatchers are training in new staff. • An additional 8 hours of vacation leave for employees with 30 years or more of service, effective December 31, 2010. There are currently two personnel in this Union that are eligible to receive for this benefit. D. LEGAL • If the terms of this agreement are not approved, further negotiation and/or mediation will be necessary. E. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement and prepare for further negotiation and/or mediation. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUT ON NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 225 BARGAINING UNIT FOR THE YEAR 2010 WHEREAS, the~City Manager and the 911 Dispatchers EELS Local 225 have reached an understanding concerning conditions of employment for year 2010; and WHEREAS, it would be inappropriate to penalize EELS Local 225 members who have negotiated in good faith; and WHEREAS, the City Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and EELS Local 225 Bargaining Unit for year 2010, under the provisions of the Labor Agreement, to be implemented, effective January 1, 2010 and authorize the City Manager to execute the contract. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # $ REPORT # jQ( J STAFF REPORT CITY COUNCIL MEETING JUNE 8, 2010 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR ® ~' REVIEW: ~' TunE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a three-year Interim Use Permit to allow the continued use of 6529 Penn Avenue for used car sales. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting approval of a three- ear Interim Use Permit for used car sales at 6529 Penn Avenue. II. BACKGROUND The property at 6529 Penn Avenue was first approved for use as a used car sales lot in 1990. The use was not consistent with the Comprehensive Plan then, and remains at odds with the current Comprehensive Plan. This use has always been considered temporarily acceptable while waiting for the Penn Avenue area to redevelop. The existing permit for this use expires in June and the applicant has requested a new five-year Interim Use Permit (IUP). In 2007 the City Council adopted a revised Zoning Ordinance that made used automobile sales permissible only as an integral part of a new automobile sales business (Section 534.07, Subd. 7e). The business at 6529 Penn Avenue has been operating as a legally nonconforming use since the adoption of the new Ordinance. III. BASIS OF RECOMMENDATION A. POLICY 060810 IUP 6529 Penn The purpose of an IUP is to allow a use that may not be compatible with the Comprehensive Plan to operate for a limited period of time. IUPs are designed to meet the problem that arises when a City designates an area for redevelopment or revitalization, but the market has yet to react to those changes. The findings necessary to issue an IUP are as follows: a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Staff recommends that the permit expire in three-years. At that time, if conditions continue to warrant, the Council may issue a new interim use permit to the applicant. The Planning Commission recommended that given the lack of progress along Penn Avenue and the tenant's willingness to invest money into the property, athree-year permit would be appropriate. b) The use will terminate upon a date or event that can be identified with certainty. Interim use permits may not be granted for a period of greater than five (5) years. Staff recommends termination on June 8, 2013. c) The use will not adversely impact the health, safety and welfare of the community during the period of the interim use. It is not anticipated that. used auto sales will adversely impact the area within the next three-years. d) The use is similar to uses defined in the zoning district in which the property is located. Auto-related businesses of any kind are no longer permitted along Penn Avenue; however see below. e) An interim use shall conform to zoning regulations except the City.Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The rezoning and preparation of design guidelines for the Penn Avenue Corridor was intended fo lead to a cohesive, inviting and pedestrian-friendly environment. Auto sales and service businesses .were not thought to be consistent with this vision and are not permitted under the Penn Avenue Corridor Overlay District. However, market conditions at this time do not make it imperative that nonconforming uses be ushered out as quickly as possible. As pedestrian improvements in particular have yet to happen along the Corridor, the continuation of an auto sales business for a limited period of time is not detrimental to this vision. The proposed interim use of this property will allow the property to be used productively for the short-term and avoid a potentially vacant storefront at a time when the commercial market is depressed. Expiration of the interim use permit in three-years will assure that this use, which is not compatible with the overall revitalization plan for the area, will not impede future efforts to that end. Further, the property will be required to meet landscaping, performance standard and Design Guideline requirements to somewhat mitigate and screen the impact of the auto sales lot. f) There is adequate assurance that the property will be left in suitable condition after the use is terminated. N/A. g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The property owner has signed a consent agreement accepting this condition. h) The property owner, by agreement agrees to any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit. The applicant must comply with landscape, sign and Penn Avenue Design Guideline requirements. Interim structures have not been approved. i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. The result of the Penn Avenue Corridor Study on this property was to change the zoning designation from Industrial to Mixed Use -Community with the Penn Avenue Overlay. The Penn Avenue Overlay District prohibits auto sales (either new or used). It also .prohibits auto mechanical and/or body repair shops and auto detailing establishments. That said, these types of businesses currently remain in the Corridor as legally nonconforming uses. Staff believes that given the current market conditions and the existence of similar auto-related businesses in the area, an IUP for continued use of the property for auto sales is warranted provided that the property is brought into compliance, or as close as possible to compliance, with landscaping requirements and the Penn Avenue Corridor Design Guidelines. Staff recommends athree-year IUP so that the compatibility of this use with the Corridor can be re-evaluated in 2013. By Ordinance, IUPs terminate upon-the occurrence of any of the following events; whichever first occurs: a) The date stated in the permit; b) Upon violation of conditions under which the permit was issued; or c) A change in the City's zoning regulations which render the use nonconforming. (Subsection 547.15, Subd. 5) As mentioned above, the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent. The purpose of an IUP is to allow a use that may not be compatible with zoning and the Comprehensive Plan for a limited period of time. The Council must find that the temporary nature of this permit makes the nonconforming use permissible at this time. In addition to termination at the end date of the permit or upon violation of the conditions under which it is issued, staff recommends that the permit terminate upon termination or sale of the current business (CarHop), or upon the sale of the property by the current owner (Penn Avenue Partners II LLC), whichever occurs first. B. CRITICAL TIMING ISSUES • The site has been used for auto sales and leasing for 20 years. • In 2009, the City completed a visioning process for the Penn Avenue Corridor. The vision for this area does not include .auto sale or repair businesses. • Current market conditions have stalled redevelopment/revitalization projects and no major changes have occurred within the Corridor since adoption of the Penn Avenue Plan. • Approval of an IUP would be conditioned upon compliance with the proposed landscape plan (dated April 2010), installation of a bicycle rack, screening mechanical equipment per Code, compliance with sign rules and compliance with the Penn Avenue Design Guidelines. • Staff recommends athree-year IUP so that conditions in the Corridor can be re-evaluated and the continued compatibility of this use considered again in 2013. • Significant street improvements are expected to take place in the next couple of years. • In order to approve the IUP, the Council must find that the temporary nature of the business warrants waiving certain provisions of the Zoning Code, specifically, the prohibition of auto sales businesses in this future pedestrian-friendly area and the allowance of nonconforming uses. C. FINANCIAL • The required application fee has been paid. D. LEGAL • Notice of a public hearing was sent to property owners and residents within 350 feet of the subject property. • The City received one call regarding continued maintenance of the fence at the west end of the property. • A public hearing was held before the Planning Commission on May 24, 2010. • The Planning Commission voted (7-1, Peloquin dissenting) to recommend athree-year IUP. • 60-Day Rule: The 60-day `clock' started when a complete application was received on April 30, 20.10. A decision must be given to the applicant by June 29, 2010 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120-days total) for issuing a decision. E. ENVIRONMENTAL CONSIDERATIONS • Impervious surface measurements will not change. IV. ALTERNATIVE RECOMMENDATION(S~ • Approve an IUP for a different length of time (up to five years maximum). • Deny the IUP with a finding that the conditions necessary for issuance are not met. V. ATTAC~IMENTS • Resolution Existing site plan Proposed landscape plan Consent Agreement Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Lee Schwierjohann, CarHop ~l RESOLUTION NO. RESOLUTION APPROVING AN INTERIM USE PERMIT TO ALLOW USED AUTO SALES BY INTERSTATE AUTO GROUP INCORPORATED (DBA CARHOP) AT 6529 PENN AVENUE WHEREAS, the City of Richfield (the "City) adopted a Comprehensive Plan in 2009 to guide the development of the community; and WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist in implementing the Comprehensive Plan; and WHEREAS,. an application has been filed with the City of Richfield which requests an interim use permit to allow Interstate Auto Group Incorporated (dba CarHop) (the "Applicant") to conduct used automobile sales at 6529 Penn Avenue; and WHEREAS, the Property is zoned Mixed Use -Community (MU-C) and within the Penn Avenue Corridor Overlay District (PAC); and WHEREAS, the requested interim use of the property is not permitted in the PAC District; and WHEREAS, the City Council finds that the temporary nature of the proposed interim use eliminates the adverse effects the prohibition was intended to prevent. Compliance with performance and landscape standards, Penn Avenue Design Guidelines and termination of the permit in three-years time eliminates the detriment that an auto sales business will have on the creation of apedestrian-friendly corridor; and WHEREAS, the Planning Commission held a public hearing on May 24, 2010 to review the application for an Interim Use Permit, following mailed and published notice as required by law; and WHEREAS, the City Council has reviewed all materials submitted by the Applicant; considered the oral and written testimony offered by the applicant and all interested parties; and has now concluded that the application is in compliance with all applicable standards and can be considered for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: The proposed Interim Use Permit request meets all. applicable conditions and restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows: a. The proposed interim use is not a permitted use within the Penn Avenue Corridor Overlay District. In accordance with Subsection 547.15 Subd. 3e the City Council finds that the temporary nature of the interim use eliminates 8-2 the detriment that an auto sales business will have on the pedestrian-friendly vision of the Corridor given that pedestrian upgrades have yet to occur elsewhere in the area. b. The proposed interim use will be nonconforming from the outset. Subsection 547.15, Subd. 5c states that "a change in the City's zoning regulations that render the [interim] use nonconforming" shall terminate the permit. In accordance with Subsection 547.15, Subd. 3e the City Council finds that the purpose of the Interim Use Permit in this instance is to allow productive use of a property that is not yet "ripe" for redevelopment given current market conditions. The temporary nature of the interim use will ensure that the nonconforming use not be allowed to continue so long as to become a detriment to the implementation of the Comprehensive Plan. Nonconforming status will not terminate the Interim Use Permit. 2. An Interim Use Permit for used auto sales by Interstate Auto Group Incorporated (dba CarHop) at 6529 Penn Avenue, as described in City. Council Staff Report No. is approved with the following conditions: a. The Interim Use Permit will expire three (3) years from its effective date, or upon termination or sale of the current business (Interstate Auto Group Incorporated (dba CarHop)), or upon the sale of the subject property by the current owner (Penn Avenue Partners II LLC), or upon violation of the conditions under which the permit was issued, whichever occurs first. b. That a 22-foot minimum drive aisle be maintained in the parking area.. c. That a maximum of 32 vehicles be on site, including inventory, customer and employee parking. d. That all parking stalls be striped (9 ft. x 19 ft.) in accordance with requirements on file with the Public Works Department by July 8, 2010. e. That no vehicles be parked or stored on grass buffer areas. f. That landscaping be installed and maintained in accordance with approved plan dated April 2010 by July 8, 2010. g. That a decorative fence, wall or hedges be installed in grass areas along Penn Avenue in accordance with Penn Avenue Design Guidelines by July 8, 2010. h. That all -roof-top mechanical equipment be screened from public right-of-way in accordance with City requirements by July 8, 2010. i. That all trash containers be kept inside the building and not stored in the parking lot. j. The Interim Use Permit shall be reviewed periodically by the City to ensure compliance with the conditions set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~ -3 , PARKING PLAN EXISTING 32 STALLS REBAR- ~\ /` ' ! ~ MONITGRY WELLS N89°30'50"y3' u i FENCE 166.01 - 41.59 ~- !24.42 -~ -__.._._.___.__ ~ \ - ~ CONC. RETAINING T WALL ___ is I ~ - I CONC. 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J g-~ C4i~i~E101'l[' AGI2F~MENT WHERL-;AS, on November 13, ?.047 the City Council of the City of Richfield adopted Ordinance No. 2007-19, which establishes a framework for regulating temporary use of land through the issuance of interim use permits; and WI-IEREAS, Section 547.15 5ubdivison 2 of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs vn the public if there is a future; need for public acquisition of the. applicant's property through eminent domain, that the applicant has no entitlement to future reapproval of the interim use permit and that. the applicant will abide by the conditions of approval that the City Council attaches to the interim ttse permit; NOW, 'i•I-IERLFORE_ _ Penn Avenue Partner II I,I,C , as applicant for an interim use: permit for used car sales ~ at _ E529 Penn Ave; S, Richfield. MN (use of property) (location) _, agree as follows: 1. If this application is approved by the Richfield City Council and an interim use permit is issued,. the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property yr a portion thereof by eminent domain after issuance of the interim use permit. ?. The applicant. acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to firturc reapproval ol'thc interim use permit and must file a new application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or usc;r of the property. Apply ant (Applicant must be the Property Uwner) S I'A"l'I; OF MINNE SO'I'A ) ) SS COUNTY OF HENNIPIN ) "Lhe Foregoing instrument was acknowledged before me this ~ day vi' ~. , 2Q~8, by ~~ ~ 1 ~ i~ ~ii~h ,the {~•f Q,t~ c,~ of .~~'~"~ ___~te,~ r .~ a-R~Fi~e-set~~. I,~ht~t IilL+itii t~ _CE~tJp,Y,v . on behalf of said company. ~ ?3t~a ...._..~ i(srla p, ~~~ Notary Public M~Inneeot~ t., ,,,.• IyCanun~lon6~resJ~uwyst,aat~ 6529 Pe n n~Ave - I U P 5/10 Surrounding Zoning Designations 5th Street MU-C/PAC R -C/PAC MU-C/PAC MU-C/PAC R MU-C/PAC R MU-C/PAC R R R MU-C/PAC MU-C/PAC R R > MU-C/PAC N > MU-C/PAC Q Q R R C ~ C > N •- CL MU-C/PAC ~ R R MU-C/PAC R O~' C/PACU C/ AC MU MU-C/PAC M -C/P C MR-2 ~Gj - R 5 66th Street c-z MU-C/PAC MU-C/PAC C-2 R MU-C/PAC /PAC R MU-C/PAC MU-C/PAC MU-C -Mixed Use Community PAC -Penn Avenue Corridor Overlay C-2 -General Commercial MR-2 - Muti-Family Residential R -Single-Family Residential 0 40 80 160 240- 320 Feet