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05-11-2021 City Council MeetingREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX MAY 11, 2021 7:00 PM INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Open forum Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Individuals who wish to address the Council may call 612-861-0651 during the meeting or email kwynn@richfieldmn.gov before the meeting. Approval of the Minutes of the (1) Joint City Council and Transportation Commission Meeting of April 14, 2021; (2) Joint Richfield and Bloomington City Council Meeting of April 21, 2021; (3) City Council Work Session of April 27, 2021; (4) City Council Meeting of April 27, 2021; and (5) Special City Council Meeting of May 3, 2021. AGENDA APPROVAL 1.Approval of the Agenda 2.Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A.Consider approval of the first reading of a transitory ordinance vacating a portion of 5th Avenue right-of-way south of 71st Street and schedule a public hearing and second reading for May 25, 2021. Staff Report No. 69 B.Consider the approval of the Small Wireless Facility Collocation Supplemental Agreements with Cellco Partnership d/b/a Verizon Wireless, that set forth the terms and conditions of collocation on city-owned wireless support structures (light poles). Staff Report No. 70 C.Consider the approval of a resolution committing City of Richfield funds in the estimated amount of $976,767.00 for the 77th Street Underpass Project. Staff Report No. 71 3.Consideration of items, if any, removed from Consent Calendar RESOLUTIONS 4.Consider a resolution and a first reading of a transitory ordinance establishing a city-wide six-month moratorium on the establishment of any new commercial use involving firearms to allow time for a planning study. S taff Report No. 72 C IT Y MAN AG E R’S R E P O R T 5.C ity Manager's Report C LAIMS AN D PAYR O L LS 6.C laims and P ayroll C O U N C IL D ISC U SSIO N 7.Hats Off to Hometown Hits 8.A djournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council & Transportation Commission Work Session April 14, 2021 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; and Sean Hayford Oleary Present: Council Members Ben Whalen; Simon Trautmann Absent: Transportation Wes Dunser; Husniyah Bradley; David Gepner; Louis Dzierzak; Dan Edgerton; Commission Mollie O’Howard;.Kyle Schmidt; Ken Severson; Jeff Walz. Present: Staff Present: Katie Rodriguez, City Manager; Kristin Asher, Public Works Director; Joe Powers, City Engineer; Melissa Poehlman, Assistant Community Development Director; David ‘Kris’ Weiby, Program Manager; Scott Kulzer, Administrative Aide/Analyst; Olivia Wycklendt, Civil Engineer; and Kelly Wynn, Senior Office Assistant. Others Present: Amber Blanchard, MnDOT I-494 Project Engineer; and Andrew Lutaya, MnDOT -I494 Project Manager Item #1 REVIEW THE APPROVED I-494: AIRPORT TO HIGHWAY 169 VISION AND PUBLIC ENGAGEMENT ACTIVITIES RELATED TO THE IDENTIFIED “PROJECT 1” ELEMENTS AND OBTAIN GUIDANCE FROM THE CITY COUNCIL ON ELEMENTS RELATED TO THE FUTURE PORTLAND AVENUE INTERCHANGE DESIGN AND SUBSEQUENT IMPACTS TO PORTLAND AVENUE AND THE SURROUNDING PROPERTIES. Director Asher gave an overview of the item and what staff is hoping to take away from the meeting tonight. This discussion will guide staff input to the MnDOT 494 Technical Advisory Committee (TAC) who are currently working towards an approved preliminary layout for Project 1. Director Asher turned the meeting over to MnDOT I-494 Project Manager Andrew Lutaya and MnDOT I-494 Project Engineer Amber Blanchard for a presentation on the I-494 Vision as well the identified project 1 elements. Blanchard briefly covered the I-494 Vision: • Goals; • Project timeline; • Vision elements; • Implementation plan; and • Elements of “Project 1”. Council/ Transportation Commission Work Session Minutes -2- April 14, 2021 Blanchard explained that the elements of Project 1 that the Policy Advisory Committee had approved in February 2021 consisted generally of a NB 35W to WB 494 flyover ramp, MNPASS lanes in both directions between highway 100 and the the 494/35W interchange, and access reconfiguration of the freeway ramps at Nicollet, Portland and 12th avenues, including an entirely new pedestrian bridge over 494 at Chicago Avenue. Blanchard highlighted the 4 “listening sessions” that were held in early April to gather public comment and feedback on the project 1 elements. In total, through the four listening sessions there were over 221 participants on the live meetings. Blanchard noted the content presented at the listening sessions was online at www.494openhouse.com. Blanchard then clarified that while project 1 consists of many elements, the real reason we are here tonight is to come up with a solution for the Portland and 494 interchange, which would be expanded to a full access interchange under the current plan while access would be eliminated at Nicollet and 12th avenues. MnDOT I-494 Project Manager Andrew Lutaya then dove into the different interchange types that were considered for the interchange and specifically focused on the remaining two options under consideration: • Tight Diamond Interchange (TDI); and • Single Point Urban Interchange (SPUI). Both interchange types would functionally serve as solutions for the Portland Avenue interchange, however, they have different outcomes as they relate to private property impacts in the area and the experiences of non-motorized traffic that will frequent the area. Lutaya explained that in terms of traffic modeling and queue times for vehicles, both the TDI and SPUI had such similar operations that it would be safe to consider them effectively the same for this exercise. When it comes to the pedestrian experience, the TDI is clearly the better interchange type as it allows pedestrians and other users to cross each leg of the interchange similar to a traditional signalized intersection. In terms of right of way impacts, the SPUI prevails in that it has fewer impacts to ROW than the TDI but it costs more. Lutaya went on to explain the potential ROW impacts that the project team was working through, and reiterated this is where they were looking for guidance from the City Council and Transportation Commission. Lutaya also highlighted MnDOT’s ROW acquisition process that only lets them condemn that part of the parcel that is necessary for the construction of the project, and no more. If either intersection is shifted to the Eastern extreme, it would result in more property impacts to the private residence on the NE quadrant of 77th and Portland Ave and businesses between 77th St. and 494. The shift to the east would likely make the residential parcel unviable. The offset to the east would have the effect of preventing impacts to Roosevelt Park, which is a known goal of the City’s Parks and Rec department. With either intersection design, the business parcels on the SW quadrant of 77th and Portland would be losing direct access to Portland, and would need to utilize access off the frontage road and 5th Avenue. Lutaya went on to show the ROW impacts if the intersection designs were offset to the western extreme which would minimize impacts to the businesses and residential parcel on the East side of Portland. The parcels in the SW quadrant of the project area would still lose access to Portland and would need to utilize 5th and the frontage road. The big effect of shifting to the west is the impacts to Roosevelt Park to the benefit of the residence and businesses on the East side. Project staff then went on to open the meeting up for discussion and questions related to the presentation. Council Member Hayford Oleary asked if the two designs were cost neutral given the different ROW costs for each. Lutaya responded that it was impossible to answer given that ROW costs vary depending on the market value of the property and also the loss of revenue for the commercial Council/ Transportation Commission Work Session Minutes -3- April 14, 2021 parcels, which is not known at this time. Given those unknowns, there is a good chance that the capital cost differences between the two designs could be made up for in the ROW acquisition. Mayor Regan Gonzalez raised questions provided by Councilmember Whalen in advance of the meeting. CM Whalen was concerned why there needs to be so many lanes when north of 77th and south of American Boulevard it is one lane in each direction. Whalen also stated at first glance he is inclined to shift the intersection west to minimize the impact to the assisted living facility since people live there and the grocery store since this area of town is a food desert. Whalen reiterated he wants minimal impacts and the best pedestrian crossings possible in the area as well. Council Member Hayford Oleary asked about Community Development’s perspective on these options given the CNU Portland gateway project. Assistant Community Development Director Melissa Poehlman stated they were disappointed in the needs for this many lanes in the area, as the priority were walkability and protecting small businesses, it’s kind of a lose-lose. From a redevelopment perspective, shifting east is the better option to keep options open for redevelopment in the SW quadrant, as she sees the grocery store as unviable with either scenario due primarily to eliminated or diminished access from Portland and the assisted living facility is protected and could still function with the eastern shift. Council Member Hayford Oleary acknowledged that professional opinions differ with his view that there are too many lanes for this area, and given two choices between bad options, the TDI interchange is less bad than the SPUI. Council Member Supple stated that given what she has seen tonight she would prefer to see the TDI and was indifferent on the E or W shift, but she would like to hear more about Community Development’s preference to shift east. Director Asher sensed a consensus on the TDI being the preferred interchange type based off the feedback that has been given so far. She asked the Council and Commission if that was accurate and said she would assume otherwise unless someone said otherwise. Everyone agreed that TDI was preferred to the SPUI. Director Asher noted that attendees seemed split on the E or W shift of the TDI, pointing out it really seemed to be either a parks impact decision or a SFH residence impact, since there will be ROW impacts between 77th and 494 on either side no matter what way it is offset. City Engineer Powers pointed out that in speaking with Recreation Director Markle, she is strongly against any park impacts. Acting Recreation Director Kris Weiby pointed out that it is his department’s strong preference that there is no impacts to the park, as there is a new dog park in that area, and that this is precious green space for this area of town. Council Member Hayford Oleary wanted clarification that no matter which way it shifts, the nursing home was not going to go anywhere. Asst. CD Director confirmed that was accurate. In the context of shifting the layout E or W, Lutaya raised the point that if the project was to encroach on existing park space, that MnDOT was amenable to mitigating those impacts with park improvements, or whatever might be needed to meet their “no net loss” goals for Richfield parks. Council Member Hayford Oleary indicated a slight preference for shifting the project east to avoid park impacts, but not a strong preference. CSC Liaison Wendt noted that during Orange Line BRT discussions there was strong pushback from the CSC for even small encroachments into the park. Asher stated what she believe she is hearing is to minimize impacts to the park, but it was unclear if they wanted to shift fully east or also try to minimize the impacts to the residential property, effectively “balancing” the layout and not sending it fully east. Council/ Transportation Commission Work Session Minutes -4- April 14, 2021 Mayor Regan Gonzalez asked for staff clarification that a shift E or W with the TDI doesn’t see much difference in change to the parcels to the south, but it does impact the single family home, or the park much differently, depending on which way we shift. She asked if an E shift guaranteed removal of that single family home. Asher stated that what we’re seeing is the E and W extremes, so if there is not appetite for impacting that residential property, the project staff could “balance” the offset. Lutaya stated that if the goal is to keep the residential parcel viable, project staff can work on that. He then stated they have shown the extremes to gauge if there is any appetite at all to impact the park property, and go from there. Assistant Director Poehlman asked if they’ve spoken to the residential property owner, which Blanchard said they had. She said the property owner preferred to impact the park, was curious about compensation and the process for impacting her property, and mentioned concerns and frustrations with the bus stop in the area. Director Asher stated that what she thinks she is hearing is shift the TDI to the east, and staff will work with the residential property owner to see what they are thinking, whether they are amendable to working with the project team to some to a solution that keeps the property viable or to sell the property. Others agreed in the comments of the virtual meeting. Blanchard said project staff would work to play with the geometry of the layout to see what was possible. Director Asher suggested it is time to have conversations with the property owner to see what the appetite is for a total take. Blanchard confirmed they would do that. Council Member Supple asked if the project could shift at 77th to give the best of both worlds on each side of the project. Project staff said the geometry of the turn lanes and the intersection would not work in this instance, as the through lanes would conflict with the location of the turn lane, and obstruct site lines for turning traffic. Multiple attendees stated there seems to be a consensus on shifting east and Mayor Regan Gonzalez expressed willingness to exploring the possibility of a total take on the residential property and to see what the options are for shifting east, but made clear she is saying she is open to exploring it only at this point. Lutaya asked the group if it was fair to say the consensus was to explore the options surrounding an eastward shift and a total take of the residential parcel while at the same time trying to keep the parcels on the SE corner as viable as possible. Mayor Regan Gonzalez said yes but if there are options to not totally take the residential parcel that the owner is agreeable to that would be preferable. She requested after project staff investigate these scenarios that they could be presented so they can decide what the options are. An attendee asked about the TDI with fewer lanes, and the project team pointed out that reducing lanes would not work as it would completely upend the queue lengths in the area, sending them up to 75th street based on earlier analysis. Council Member Hayford Oleary asked for clarification on that point and it was provided. Mayor Regan Gonzalez asked Director Asher if she felt like project staff have gained what they needed from this meeting to bring back to the Technical Advisory Committee, and everyone confirmed they did. Council/ Transportation Commission Work Session Minutes -5- April 14, 2021 ADJOURNMENT The work session was adjourned at 8:51 p.m. Date Approved: May 11, 2021 Maria Regan Gonzalez Mayor Scott Kulzer Katie Rodriguez Administrative Aide/Analyst City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Concurrent Richfield and Bloomington City Council Meeting April 21, 2021 CALL TO ORDER The work session was called to order by Richfield Mayor Regan Gonzalez and Bloomington Mayor Tim Busse at 6:00 p.m. via Webex. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Ben Whalen; and Sean Hayford Present: Oleary Council Members Simon Trautmann Absent: Bloomington Council Tim Busse, Mayor; Patrick Martin, Jenna Carter, Nathan Coulter Present: Bloomington Council Dwayne Lowman, Shawn Nelson, Jack Baloga Absent: Staff Present: Katie Rodriguez, Richfield City Manager; John Stark, Richfield Community Development Director; Melissa Poehlman, Richfield Assistant Community Development Director; Karl Keel, Bloomington Public Works Director; Julie Farnham, Bloomington Senior Planner; Julie Long Bloomington Engineer Others Present: Sarah McColley, TSW; Tom Walsh, TSW; Ian Lockwood, Toole Design Item #1 PRESENTATION Bloomington and Richfield staff Julie Farnham and Melissa Poehlman introduced the Center for New Urbanism Legacy Project - providing relevant background information and reminding the Councils of the challenges that the pandemic imposed on the project and the timeline. Staff introduced the consultants assigned to the project: Sarah McColley and Tom Walsh of TSW and Ian Lockwood of Toole Design. Sarah McColley provided an overview of the group’s original and revised plans for exploration of the area and existing regulations; outreach to area business, residents, and property owners; and key themes that arose from those meetings. The ability to safely travel through the area without a car, improvements to the public realm, and the preservation of existing businesses were consistent themes. Concurrent Richfield and Bloomington City Council -2- April 21, 2021 Tom Walsh presented examples of projects in other areas of the country where freeway crossings have addressed both vehicle and non-motorized travel successfully, creating a safe and welcoming area. He also discussed examples of redevelopment opportunities in freeway-adjacent areas, highlighting the importance of a grid street system, reasonable crossing distances, pedestrian and bike enhancements. Ian Lockwood presented an alternative concept for the I-494/Portland interchange. The conceptual illustration presented a possible option to more evenly distribute traffic in the area and thereby limit the size of the Portland Avenue right-of-way. Sarah McColley concluded the presentation with recommended Goals and Principals for development/redevelopment in the area. McColley highlighted the balance between community benefits and financial feasibility, presenting a series of action items and design standards for the communities to consider. Council Members from both communities asked several questions about the alternative interchange design. Council Member Hayford Oleary expressed a desire for additional density along the 7600 block of Portland Avenue given the proximity to transit. The group asked for potential “harm reduction” ideas given the extent of the proposed road design. Council Member Supple expressed support for opening up Roosevelt Park by removing a portion of the 77th Street wall. Council Member Whalen liked the idea of focusing the land bridge type ideas on the bridges at Nicollet and 12th Avenues, as well as new proposed pedestrian bridge at Chicago Avenue. City staff discussed next steps for each City. ADJOURNMENT The work session was adjourned by unanimous consent at 7:02 p.m. Date Approved: Maria Regan Gonzalez Mayor Melissa Poehlman Katie Rodriguez Assistant Community Development Director City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session April 27, 2021 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:45 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Simon Present: Trautmann; and Sean Hayford Oleary Planning Commission Members Present: Brendan Kennealy; Brett Stursa; Kathryn Quam; Peter Lavin; Jim Rudolph Planning Commission Members Absent: Bryan Pynn; and Susan Rosenberg Staff Present: Katie Rodriguez, City Manager; John Stark, Community Development Director; Melissa Poehlman, Assistant Community Development Director; Amy Markle, Recreation Services Director; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant. Others Present: Lisa Rudolph, Community Services Commission Chair; Lance Bernard, HKGI Planner; Jeff Miller, HKGI Planner, Peter Coyle, Attorney for Post 435; Mark Barthel, Post 435 Immediately Past Commander Item #1 DISCUSS PRELIMINARY WORK AND PUBLIC OUTREACH ACTIVITIES RELATED TO THE VETERANS PARK AREA MORATORIUM. Assistant Director Poehlman introduced the item, gave a timeline for the moratorium and stated staff is asking for feedback. Lance Bernard presented information on the following: • Portland and 66th sub area study; • Study objective; • Schedule; • Study approach (stakeholder engagement); • Study area-context; • Draft design principles; • Zoning evaluation; • Zoning recommendations for the Post 435 site; • Site capacity study (additional materials will be provided at the workshop); • MDR-site capacity study; • HDR-site capacity study; • HDR-site capacity study (long term); • Building height; and Council Work Session Minutes -2- April 27, 2021 • Sun shade study Council Member Whalen stated he is generally supportive of the recommendations but inquired about the significant difference of multi-family with 25% commercial and mixed use. Assistant Director Poehlman stated staff has looked at mixed use versus MR3 and MR3 is expected to be more ‘suburban’ and have more green space within the design. Council Member Whalen then asked about the building height and is concerned with the possibility of a five story structure as he would like to see something four stories or below. Lance Bernard stated land use designation will allow for five stories and they are exploring ideas to better integrate the design. Council Member Hayford Oleary spoke of how he is happy with the recommendations for the site and would be fine with five stories. He expressed concern with the rest of the corridor along 66th and would like it to be mixed use to do away with so many restrictions. Commissioner J. Rudolph expressed concern with overflow parking with the already busy pool, ice arena and band shell. Assistant Director Poehlman stated capacity studies are using current parking requirements and are seeing the amount of allotted parking would be enough. Commissioner J. Rudolph also stated he would like to see a soil study done to make sure the ground is sufficient. Assistant Director Poehlman assumes Post 435 or potential developer would complete those necessary soil studies. Attorney Coyle complimented staff on sharing information with ideas and the plans presented are a good faith effort. He spoke of how Post 435 is suffering from limitations and developers input. He spoke of explaining the collaborative process with the city to the members is taking much more time than envisioned. One component continues to come up and that is to supply some sort of commercial use and a ‘free standing’ building for Legion members at approximately10,000 square foot area with meeting space and restaurant facilities. Post 435 members would also like see accommodations for veteran housing. Mark Barthel asked where Post 435 would be housed within the recommendations and if would be a one or two story area. Lance Bernard stated the plans presented have always included a 10,000-14,000 square foot area for Post 435 but has not entirely been determined as they are just recommendations. Jeff Miller stated the concepts were to also show parking and where to best have it placed. Council Member Supple spoke of how helpful it is to see how everything will work connectively and would not like to see anything above five stories. Director Stark stated how the zoning ordinances need to match the comprehensive plan and staff does not want to change the comprehensive plan unless absolutely necessary. Director Markle spoke of the positive things coming out is the connectivity aspect as many residents asked for fluid access for pedestrians and bikes. She also appreciates the incorporation of Council Work Session Minutes -3- April 27, 2021 green space and stormwater drainage. She spoke of being more comfortable with five stores or less so it doesn’t impose on the park and pool areas. Assistant Director Poehlman stated an August shade study can be done and any developer will be required to perform a study. Director Stark added the study included in the presentation includes the summer solstice to show max amount of shade. Assistant Director Poehlman asked about the possibility of a model to see what it would like from the arena seeing a five story building. Lance Bernard stated they have not rendered a 3D model quite yet. Jeff Miller stated intent that the concept was to have extra space around the building to create sightlines. Council Member Trautmann echoed comments from other Council Members but expressed concern about the shade of the pool; spoke of the corner of 66th Street redeveloped with benefits of green space; and commercial development. Commissioner Lavin stated his support of development and likes the holding pond idea. He echoed Council Member Trautmann’s comments and is supportive of Post 435 building as they are a long standing piece of the community. He does not want to restrict the floors if a deeper affordability is possible. Commissioner Quam asked about a 3D model to better visualize the area. She then agreed with comments from Director Markle regarding preserving green space. She then spoke of wanting to see more options for resident feedback other than online surveys. Mayor Regan Gonzalez stated five stories max for the site sounds right but is difficult to visualize. She also asked about the potential of a free standing building for Post 435 and if that is an option for this site. Assistant Director Poehlman stated regulations would not permit a stand-alone building right now. She stated staff would look at a PUD as an option as it is a very unique site and possibility of making an exception but would prefer to incorporate it into a mixed use building. She then summarized discussion points and desires suggested by Council Members and commissioners. Director Stark added how difficult additional outreach could be due to time restraints and Covid restrictions but staff would like to do as much as possible so as to not blind side any nearby residents. Assistant Director Poehlman stated a paper postcard was sent out to all residents around the site and staff has received many phone calls and emails from residents with questions and feedback. Commissioner Lavin stated he not supportive of limiting Post 435 of their desired area and would like them to have a free standing building if they so choose. Mayor Regan Gonzalez thanked staff, Post 435 leaders, and consultants for all working together on this project. Council Work Session Minutes -4- April 27, 2021 ADJOURNMENT The work session was adjourned by unanimous consent at 6:58 p.m. Date Approved: May 11, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 7:00 p.m. via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; and Sean Hayford Present: Oleary Staff Present: Katie Rodriguez, City Manager; Pam Dmytrenko, Assistant City Manager; Mary Tietjen, City Attorney; John Stark, Community Development Director; Julie Urban, Housing Manager; Ryan Krzos, Planner; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Senior Office Assistant Others Present: Brian Bochman, Principal with Enclave Companies; Neil Reardon, ESG Architects PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance Moment of silence to recognize the passing of William Green. Council Member Supple expressed condolences to his family and thanked them for sharing him with the city. She spoke of how people would light up when they would speak of him. Council Member Trautmann spoke of what an incredible man Bill Green was and the unbelievable legacy of a life well lived. He spoke of how grateful he was to know him and have Bill be a part of his life. Mayor Regan Gonzalez spoke of his deep connections and roots within Richfield. She stated how Bill was a model of leadership as he was incredibly authentic and connected his identity on so many levels. She also offered heartfelt condolences to the family. City Manager Rodriguez spoke of the extraordinary man Bill was from the first moment of meeting him. His faith in comm-unity is a tribute that will continue to guide the city. Nannette Green, wife of Bill, thanked everyone for their thoughts and kind words. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual Meeting held via WebEx April 27, 2021 Council Meeting Minutes -2- April 27, 2021 Executive Analyst Martinez Gavina expressed deepest condolences to the family as Bill was a long time mentor of hers beginning in college. She spoke of personal stories where Bill had influenced her and she looks forward to keeping his legacy alive. OPEN FORUM Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the open forum portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Jonathan Watters, 6245 2nd Ave S, spoke of his concern of the increase in firearm sales in the area with no requirement to gain education on the use of them. He inquired about zoning regulations and code restrictions in his area and spoke of conversations he has had with staff. Senior Office Assistant Wynn stated there were no other callers. APPROVAL OF MINUTES M/Whalen, S/Supple to approve the minutes of the (1) City Council Work Session of April 13, 2021; and (2) City Council Meeting of April 13, 2021. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #1 APPROVAL OF THE AGENDA M/ Hayford Oleary, S/Trautmann to approve the agenda Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Council Meeting Minutes -3- April 27, 2021 Motion carried 5-0 Item #2 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. A. Consider the approval of the Amendment to the Small Wireless Facility Collocation Supplemental Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility, that set forth the terms and conditions of collocation on wireless support structures within City right-of-way. Staff Report No. 60 B. Consider the approval of the first amendment to the Nine Mile Creek Regional Trail Cooperative Agreement with Three Rivers Park District for trail extension construction as part of the 77th Street Underpass project. Staff Report No. 61 C. Consider the Approval of the 77th Street Underpass Final Design Layout, Project Plans and Specifications and Authorize Project Bidding. Staff Report No. 62 M/Supple, S/Whalen to approve the consent calendar. Council Member Trautmann highlighted the underpass project item and thanked everyone involved for all their work. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #3 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None Item #4 SECOND READING TO CONSIDER A PROPOSED ORDINANCE AMENDMENT TO MODIFY RULES RELATED TO HOME OCCUPATIONS, AND SUMMARY PUBLICATION OF SAID ORDINANCE. STAFF REPORT NO. 63 Council Member Trautmann read staff report 63. Council Meeting Minutes -4- April 27, 2021 M/ Trautmann, S/Hayford Oleary to (1) approve the attached ordinance amending rules related to home occupations; and (2) approve a resolution authorizing summary publication of the attached ordinance amending rules related to home occupations. RESOLUTION NO. 11843 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING THE RICHFIELD ZONING CODE REGULATIONS RELATED TO HOME OCCUPATION RULES Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #5 CONSIDER APPROVAL OF A SECOND READING OF AN ORDINANCE REZONING PROPERTY AT THE NORTHEAST CORNER OF LYNDALE AVENUE AND 65TH STREET TO PLANNED MIXED USE (PMU) AND CONSIDER APPROVAL OF A RESOLUTION FOR A VARIETY OF LAND USE APPROVALS FOR A MIXED USE PLANNED UNIT DEVELOPMENT. STAFF REPORT NO. 64 Council Member Whalen presented staff report 64. Assistant Director Poehlman reminded everyone staff has been working with the developer for a long time. M/Whalen, S/ Hayford Oleary to adopt an ordinance amending Appendix I of the Richfield City Code to change the zoning designation of property at the northeast corner of Lyndale Avenue and 65th Street from General Commercial (C-2) to Planned Mixed Use (PMU). Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: ABSTAIN Hayford Oleary: AYE Whalen: AYE Motion carried 4-0-1 Council Meeting Minutes -5- April 27, 2021 RESOLUTION NO. 11844 RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT THE NORTHEAST CORNER OF LYNDALE AVENUE AND 65TH STREET M/Whalen, S/ Supple to adopt a resolution approving the Planned Unit Development, Conditional Use Permit, and Final Development Plan for Lynk65. RESOLUTION NO. 11845 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE VACATING A PORTION OF PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS OVER PROPERTY LOCATED AT THE NORTHEAST CORNER OFLYNDALE AVENUE AND 65TH STREET Council Member Hayford Oleary moved to amend the resolutions to set a minimum of 10 usable feet for the trail. Council Member Whalen expressed excitement to have a full width trail and asked for comments regarding its feasibility. Director Stark stated the original language had left the decision to the discretion of the City Engineer to obtain the maximum amount of space. It is doable and has always been in consideration. Assistant Director Poehlman added the intent was to always meet the standard. Brain Bochman thanked city staff in navigating the challenges with this site. He spoke of the current tenants relocating within Richfield or in a neighboring city. Neil Reardon confirmed the 10 foot width is not a problem to the project. Council Member Hayford Oleary gave an overview of the plans and wanted assurance the minimum will be met. Council Members Whalen and Supple confirmed their approval of the amendment. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: ABSTAIN Hayford Oleary: AYE Whalen: AYE Motion carried 4-0-1 Council Meeting Minutes -6- April 27, 2021 Item #6 CONDUCT A PUBLIC HEARING AND CONSIDER: (1) THE SECOND READING OF A TRANSITORY ORDINANCE VACATING A PORTION OF THE LYNDALE AVENUE RIGHT-OF-WAY AND UTILITY EASEMENTS; (2) A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID ORDINANCE; AND (3) A RESOLUTION APPROVING A PRELIMINARY PLAT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LYNDALE AVENUE AND 65TH STREET. STAFF REPORT NO. 65 Council Member Hayford Oleary read staff report 65. Assistant Director Poehlman addressed a question from the first reading regarding vacating a portion of the right-of-way and it is policy that stairs and steps be located behind the right-of-way to allow for snow removal and safety. Council Member Hayford Oleary opened the public hearing. Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the public hearing portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Senior Office Assistant Wynn stated there were no callers. M/Hayford Oleary, S/Whalen to close the public hearing. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 M/Hayford Oleary, S/ Whalen to approve a second reading of the transitory ordinance vacating Lyndale Avenue right-of way and utility easements over property located at the northeast corner of Lyndale Avenue and 65th Street. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -7- April 27, 2021 M/Hayford Oleary, S/ Supple to approve a resolution authorizing summary publication of said transitory ordinance. RESOLUTION NO. 11846 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT FOR LYNDALE OAKS SECOND ADDITION Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #7 CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF A SECOND READING OF AN ORDINANCE REPEALING SECTION 500 OF THE CITY CODE AND ADOPTING A NEW SECTION 500 RELATED TO PLATS AND SUBDIVISION REGULATIONS AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF SAID ORDINANCE. STAFF REPORT NO. 66 Council Member Supple read staff report 66. Assistant Director Poehlman mentioned the work staff has done is extensive and staff is available for questions. Council Member Supple opened the public hearing. Senior Office Assistant Wynn reviewed the options to participate: • Participate live by calling 612-861-0651 during the public hearing portion • Call prior to meeting 612-861-9711 • Email prior to meeting kwynn@richfielmn.gov Senior Office Assistant Wynn stated there were no callers. M/Supple, S/Hayford Oleary to close the public hearing. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Council Meeting Minutes -8- April 27, 2021 Motion carried 5-0 M/Supple, S/Whalen to (1) approve a second reading of an ordinance repealing Section 500 of the City Code and adopting a new Section 500 related to Plats and Subdivision Regulations; and (2) approve a resolution authorizing summary publication of said ordinance. RESOLUTION NO. 11847 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE REPEALING SECTION 500 OF THE RICHFIELD CITY CODE AND ADOPTING A NEW SECTION 500 RELATED TO PLATS AND SUBDIVISION REGULATIONS Council Member Supple thanked staff and policy makers as there was much discussion. Mayor Regan Gonzalez thanked staff for their leadership on this project. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #8 CONSIDER THE APPROVAL OF A RESOLUTION OF SUPPORT FOR THE COMMUNITY PROJECT FUNDING (CPF) GRANT APPLICATION IN THE AMOUNT OF $50,000,000 FOR "PROJECT 1" OF THE I-494: US 169 TO MSP AIRPORT VISION. STAFF REPORT NO. 59 Council Member Hayford Oleary read staff report 59. M/Hayford Oleary, S/Trautmann to approve the resolution of support for the Community Project Funding (CPF) grant application in the amount of $50,000,000 for "Project 1" of the I-494: US 169 to MSP Airport vision. RESOLUTION NO. 11848 RESOLUTION SUPPORTING THE COMMUNITYPROJECT FUNDING (CPF) GRANT APPLICATION FOR PROJECT 1 OF THE I494: AIRPORT TO HIGHWAY 169 VISION Council Member Whalen fully supports this project as it benefits so many. Council Member Trautmann thanked US Representative Omar for assisting in getting the project approved. Council Meeting Minutes -9- April 27, 2021 Council Member Hayford Oleary stated the project is uniquely well justified and looks forward to supporting it. Council Member Supple spoke of a study that was done and how beneficial this project will be every county in the area. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #9 CONSIDER THE ADOPTION OF A RESOLUTION APPROVING REVISIONS TO THE INCLUSIONARY AFFORDABLE HOUSING POLICY. STAFF REPORT NO. 68 Council Member Supple read staff report 68. Director Stark spoke of how many of the changes made for this policy have been made by policy makers which lead to the recommendations. M/Supple, S/ Hayford Oleary to adopt a resolution approving revisions to the Inclusionary Affordable Housing Policy. RESOLUTION NO. 11849 RESOLUTION APPROVING THE ADOPTION OF AMENDMENTS TO THE INCLUSIONARY AFFORDABLE HOUSING POLICY Council Member Supple thanked everyone involved as with the pandemic, community feedback was more difficult. She is very pleased to require more affordability. Council Member Whalen stated he is pleased with the result of this project and thanked the housing team and RDAP for comments they contributed. He expressed excitement to see 10% of units at 30% AMI and appreciates the city is working to get these needs met. He spoke of how Richfield is leading in accessibility requirements. Director Stark added they are cautiously setting it at 30% AMI and will be tracking the progress with the developers. Council Member Hayford Oleary expressed appreciation for staff asking developers to make this happen. Mayor Regan Gonzalez expressed gratitude for the evolvement of the Inclusionary Housing Policies and providing support. Council Meeting Minutes -10- April 27, 2021 Council Member Trautmann recognized the expertise and research performed by staff along with the prosperity and growing of the community to ensure a place people can afford to live. Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #10 CITY MANAGER REPORT City Manager Rodriguez supplied updated from previous open forum comments. She then presented a brief Covid update and asked residents to remain vigilante with mask usage. Council Member Whalen asked about comments regarding the mobile vaccination unit. Mayor Regan Gonzalez spoke of the mobile unit in Season’s Park for the week and how successful it has been in the first two days. City Manager Rodriguez thanked Mayor Regan Gonzalez for the opportunity to have staff out to the event at Season’s Park. Item #11 CLAIMS AND PAYROLL M/Trautmann, S/Whalen that the following claims and payrolls be approved: U.S. Bank 04/27/2021 A/P Checks 296204 - 296584 $ 1,443,999.36 Payroll: 161307 – 161598 43395 – 43397 725,098.94 TOTAL $ 2,169,098.30 Executive Analyst Martinez Gavina took roll call vote: Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Council Meeting Minutes -11- April 27, 2021 Item #12 HATS OFF TO HOMETOWN HITS Council Member Supple thanked the Richfield Fire Department for their ongoing service. She then congratulated Mayor Regan Gonzalez for her acceptance of the YWCA Women of Power Award as it is a very prestigious award. She then thanked Executive Analyst Martinez Gavina and everyone involved for assisting resident in filling out their census. Council Member Whalen echoed comments of gratitude for Executive Analyst Martinez Gavina regarding her census work as well as everyone involved in the mobile vaccination unit. Council Member Trautmann thanked Executive Analyst Martinez Gavina and Neil Ruhland for their extensive work regarding the census. He also thanked the Recreation Department for all they do and is looking forward to their summer activities. Council Member Hayford Oleary shared a personal experience about a discussion with a resident regarding her duplex and the importance of having them as an option for housing. Mayor Regan Gonzalez shared some personal experiences regarding being a part of the mobile vaccination unit and what a rewarding experience it was. She also thanked Executive Analyst Martinez Gavina and Neil Ruhland for their work and support during the census. Item #13 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:59 p.m. Date Approved: May 11, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting May 03, 2021 The meeting was called to order by Mayor Regan Gonzalez at 6:00 p.m. in the Bartholomew Room. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Present: Ben Whalen; and Sean Hayford Oleary Staff Present: Katie Rodriguez, City Manager; Pam Dmytrenko, Assistant City Manager; Jay Henthorne, Public Safety Director; and Mary Tietjen, City Attorney Others Present: Brian Gaviglio; LMCIT Litigation Manager; and Jason Hively, LMC- appointed Civil Attorney ITEM #1 DISCUSSION REGARDING UPDATE ON PENDING LITIGATION M/Hayford Oleary, S/Supple to move into a closed session. Vote approved unanimously. Brian Gaviglio and Jason Hively presented on pending litigation response. M/Supple, S/Trautmann to close the session and resume regular meeting. Vote approved unanimously. The meeting was adjourned by unanimous consent at 7:47 p.m. Date Approved: May 11, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Senior Office Assistant City Manager CALL TO ORDER AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.A. STAFF RE P ORT NO. 69 CIT Y COUNCIL ME E T ING 5/11/2021 RE P O RT P RE PA RE D B Y: Ryan K rzos, P lanner D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector 5/4/2021 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/5/2021 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider approval of the first reading of a transitory ordinance vacating a portion of 5th Avenue right- of-way south of 71st Street and schedule a public hearing and second reading for May 25, 2021. E X E C UT IV E S UM M ARY: I n conjunction with land use approvals related to building renovations to Hope Presbyterian Church (7132 Portland Avenue South), the Church is requesting to vacate a portion of 5th Avenue south of 71st Street and north of the Church property. The vacation would fulfill one of the conditions of said approval, imposed so that the improvements achieve compliance with setback requirements. The portion of street right-of-way proposed for vacation currently contains a paved surface functioning as a driveway for the church. This portion of the street does not provide access to property adjoining the church. Accordingly, staff finds that the proposed vacation would not be contrary to the public interest. The first reading is an administrative requirement and does not obligate the Council to approve the ordinance upon second reading. RE C O M M E ND E D AC T I O N: By motion: Approve a first reading of a transitory ordinance vacating a portion of 5th Avenue right-of- way south of 71st Street; and call for a public hearing and second reading to be held May 25, 2021. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T Hope Presbyterian Church has existed as a congregation since 1954. Currently this facility has Conditional Use Permits for programs such as a high school, a Montessori School, an adult daycare, a preschool, and after-school programs. I n 2020, an amendment to the Conditional Use Permit was approved to allow a building renovation and site improvements. A condition of said approval required that a portion of 5th Avenue at the northern boundary of the site be vacated prior to issuance of a building permit. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The Council may by ordinance vacate a street, alley, public grounds, or a part thereof, on its own motion or upon the petition of the owners half of the land abutting the street, alley, public grounds, or part thereof to be vacated. No vacation may be made unless it appears in the interest of the public to do so. Public utility companies are given the opportunity to review the proposed vacation. A blanket utility and drainage easement will be dedicated over the entire area to be vacated. C.C R IT IC AL T IMIN G IS S U E S: A petition for the proposed vacation was deemed complete on March 11, 2021. Since this request is not reviewed under provisions of the zoning code the 60-day rule is not applicable. D.F IN AN C IAL IMPAC T: The application processing fee has been paid. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the proposed vacation. Notice of the public hearing shall be published in the Sun Current newspaper, as required. ALTE R N AT IV E R E C O MME N D ATIO N(S): Deny a first reading, finding that the vacation would not be in the public interest. I t should be noted that the approval for Hope Church's building expansion required that this portion of right-of-way be vacated to comply with setback requirements. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: Keith Koenig, Hope Church; Benton Ford, P.E., Rehder & Associates, I nc. AT TAC H ME N T S: D escription Type Ordinance - Vacate 5th Ave Ordinance P roposed Vacation A rea E xhibit B uilding A ddition S ite P lan E xhibit 1 BILL NO. ___________ TRANSITORY ORDINANCE NO. _______ AN ORDINANCE VACATING A PORTION OF FIFTH AVENUE SOUTH THE CITY OF RICHFIELD DOES ORDAIN: Section 1: A portion of Fifth Avenue South in the City of Richfield abuts that certain real property located at 7132 Portland Ave S. Richfield MN (the “Property”) and said portion of Fifth Avenue South is as legally described on the attached Exhibit A and is as further depicted on the attached Exhibit B (the “Subject Street”). Sec. 2: The City Council approved certain development plans for the Property on August 20, 2021 (the “Development Resolution”). As part of the zoning approvals for the proposed building addition as contemplated within the Development Resolution the Subject Street is required to be vacated. Sec. 3. The Subject Street is not required for access to the abutting properties. Sec. 4: The Subject Street does not contain any public facilities that would be adversely affected by the vacation of the Subject Street. Sec. 5: The City has notified the service providers for gas, electric, telephone and cable communication services of the proposed vacation; the following facilities are reported to be located in the Subject Street: cable. Sec. 6: The Council finds that there is not a public need for the Subject Street and is instead necessary as the approved building addition would not otherwise be in compliance with city setback requirements. Sec. 7: The street easement vacation is conditioned upon preparation and execution of a utility and drainage easement over the entire area to be vacated. Sec. 8: The City of Richfield held the first reading of this Ordinance on May 11, 2021 and the second reading on May 25, 2021. Legal notice was published in the City’s official newspaper as required by ordinance. Sec. 9: This ordinance shall be effective, and the Subject Street vacated, on the day following publication pursuant to Sections 3.09 and 5.01 of the City Charter. Sec. 10: The City Clerk is directed to prepare a certificate of completion of vacation proceedings and to record the vacation in the office of the Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate. 2 Passed by the City Council of the City of Richfield, Minnesota this 25th day of May, 2021. ________________________________ Maria Regan Gonzalez, Mayor ATTEST: ________________________________ Elizabeth VanHoose, City Clerk A-1 EXHIBIT A The Subject Street That part of 5th Avenue South lying north of the north line of Lot 1, Block 1, HOPE PRESBYTERIAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota and south of the following described line: Beginning at a point of the west line of 5th Avenue South distant 10.00 feet south of the southeast corner of Lot 2, said Block 1; thence east to a point on the east line of 5th Avenue South distant 10.00 feet south of the southwest corner of Lot 3, said Block 1 and there said line terminates. B-1 EXHIBIT B Depiction of the Subject Street AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.B. STAFF RE P ORT NO. 70 CIT Y COUNCIL ME E T ING 5/11/2021 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 5/5/2021 O THE R D E PA RTM E NT RE V IE W: N/A C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/5/2021 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of the Small Wireless Facility Collocation Supplemental Agreements with Cellco Partnership d/b/a Verizon W ireless, that set forth the terms and conditions of collocation on city- owned wireless support structures (light poles). E X E C UT IV E S UM M ARY: State legislation was passed in 2017 that established statewide requirements for cities to allow wireless companies to install small cell facility networks in the public right-of-way. The small cell facility networks are commonly known as "small cell wireless" equipment and distributed antenna systems. Although the legislation limited many actions the city can take to control the placement of the small cell facilities in the public right-of-way, it did allow for the city to enact a permitting process for the facilities. City Council approved amendments to the right-of-way ordinance (City Code Section 802) in 2017 to provide additional controls and management if small cell wireless companies choose Richfield as an installation site. The code amendment included the following requirement for a Small W ireless Facility Agreement: ` A smal l wi reless faci l i ty shal l onl y be coll ocated on a small wirel ess support structure owned or control l ed by the city, or any other ci ty asset i n the ri ght-of-way, after the appl icant has executed a standard small wirel ess faci li ty coll ocation agreement with the city. The agreements under consideration are required as stated in the Small W ireless Facility Collocation Agreement between the city and Cellco Partnership d/b/a Verizon W ireless, signed March 24, 2020. This supplement dictates what space is leased by the city to Cellco Partnership d/b/a Verizon W ireless, and the appropriate fees and rent for leasing this space. These supplemental agreements have been provided and signed by the Verizon representative. Since these applications are along a county road, the county has reviewed and approved small cell permit applications for each of the supplemental agreements being approved at this time. City staff have reviewed the county permit applications and support the construction of these facilities. Supplemental agreements being approved at this time are for the following locations: 6615 Lakeshore Drive 700 W 66th St 6601 Nicollet Ave RE C O M M E ND E D AC T I O N: By motion: Approve the Small Wireless Facility Collocation Supplemental Agreements with Cellco Partnership d/b/a Verizon W ireless, that set forth the terms and conditions of collocation on city- owned wireless support structures. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T W ireless and cellular service providers are looking for solutions to provide better and more reliable service to customers. One method of enhancing service is to install "small cell" antennas to fill in areas with poor existing coverage. State legislation was passed in 2017 that allows these antennas to be installed in the right-of-way. The City of Richfield adopted an ordinance on September 12, 2017 amending City Code Section 802 enacting an agreement and permitting process for small cell facilities within city right-of-way. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Section 802 of the Richfield City Code depicts the city's current practices of permitting the use within rights-of-way. Minnesota Statutes, Section 237.162, defines public right-of-way including management of standards and costs. Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94, amending the Act, are interpreted with consideration of small cell wireless technology. C.C R IT IC AL T IMIN G IS S U E S: The attached supplemental agreements must be in place before the city can permit small cell facilities collocated on existing right-of-way support features. D.F IN AN C IAL IMPAC T: The city is allowed to charge fees on the permit review as well as charge rent for facilities located in the right-of-way and on city-owned support features. E.L E GAL C ON S ID E R AT ION: The City Attorney has reviewed the agreement and will be available to answer questions. ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Wolverine S C 13 A greement C ontract/A greement Wolverine S C 11 A greement C ontract/A greement Wolverine S C 10 A greement C ontract/A greement Wolverine S C 10 C ounty P ermit B ackup Material Wolverine S C 11 C ounty P ermit B ackup Material Wolverine S C 13 P lans B ackup Material Verizon Node: MN MIN RICH WOLVERINE 13 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT A COLLOCATION AGREEMENT SUPPLEMENT This Collocation Agreement Supplement (“Supplement”), is made this day of , 202_ between the City of Richfield, a Minnesota local government unit, with its principal offices located at 6700 Portland Avenue in Richfield, Minnesota 55423, (“Lessor”) and Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (“Lessee”). 1. SMALL WIRELESS FACILITY COLLOCATION AGREEMENT. This Supplement is a Supplement as referenced in that certain Small Wireless Facility Collocation Agreement between Lessor and Lessee, dated March 24th, 2020, (the “Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. PREMISES. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 6601 Nicollet Avenue, Richfield MN 55423, including the location of the Wireless Support Structure on the Property is shown on Exhibit 1 attached hereto and made a part hereof. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 2, attached hereto and made a part hereof. 3. TERM. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 4. CONSIDERATION. Rent under this Supplement shall be $175.00 per year, payable to the City of Richfield at 6700 Portland Avenue, Richfield, MN 55423 as set forth in the Agreement Lessor is not providing electricity pursuant to Paragraph 7 of the Agreement, therefore no annual electrical service fee shall be added to the annual rent due under this Supplement. 5. SITE SPECIFIC TERMS. NONE Verizon Node: MN MIN RICH WOLVERINE 13 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT 1 Site Plan of Property Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement Verizon Node: MN MIN RICH WOLVERINE 13 EXHIBIT 2 Equipment Space (if any), Antenna Space and Cabling Space and Cabling Space Verizon Node: MN MIN RICH WOLVERINE 11 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT A COLLOCATION AGREEMENT SUPPLEMENT This Collocation Agreement Supplement (“Supplement”), is made this day of , 202_ between the City of Richfield, a Minnesota local government unit, with its principal offices located at 6700 Portland Avenue in Richfield, Minnesota 55423, (“Lessor”) and Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (“Lessee”). 1. SMALL WIRELESS FACILITY COLLOCATION AGREEMENT. This Supplement is a Supplement as referenced in that certain Small Wireless Facility Collocation Agreement between Lessor and Lessee, dated March 24th, 2020, (the “Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. PREMISES. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 700 West 66th Street, Richfield MN 55423, including the location of the Wireless Support Structure on the Property is shown on Exhibit 1 attached hereto and made a part hereof. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 2, attached hereto and made a part hereof. 3. TERM. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 4. CONSIDERATION. Rent under this Supplement shall be $175.00 per year, payable to the City of Richfield at 6700 Portland Avenue, Richfield, MN 55423 as set forth in the Agreement Lessor is not providing electricity pursuant to Paragraph 7 of the Agreement, therefore no annual electrical service fee shall be added to the annual rent due under this Supplement. 5. SITE SPECIFIC TERMS. NONE Verizon Node: MN MIN RICH WOLVERINE 11 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT 1 Site Plan of Property Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement Verizon Node: MN MIN RICH WOLVERINE 11 EXHIBIT 2 Equipment Space (if any), Antenna Space and Cabling Space and Cabling Space Verizon Node: MN MIN RICH WOLVERINE 10 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT A COLLOCATION AGREEMENT SUPPLEMENT This Collocation Agreement Supplement (“Supplement”), is made this day of , 202_ between the City of Richfield, a Minnesota local government unit, with its principal offices located at 6700 Portland Avenue in Richfield, Minnesota 55423, (“Lessor”) and Cellco Partnership d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, (“Lessee”). 1.SMALL WIRELESS FACILITY COLLOCATION AGREEMENT. This Supplement is a Supplement as referenced in that certain Small Wireless Facility Collocation Agreement between Lessor and Lessee, dated March 24th, 2020, (the “Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2.PREMISES. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at 6615 Lake Shore Drive South, Richfield MN 55423, including the location of the Wireless Support Structure on the Property is shown on Exhibit 1 attached hereto and made a part hereof. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 2, attached hereto and made a part hereof. 3.TERM. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 4.CONSIDERATION. Rent under this Supplement shall be $175.00 per year, payable to the City of Richfield at 6700 Portland Avenue, Richfield, MN 55423 as set forth in the Agreement Lessor is not providing electricity pursuant to Paragraph 7 of the Agreement, therefore no annual electrical service fee shall be added to the annual rent due under this Supplement. 5.SITE SPECIFIC TERMS. NONE Verizon Node: MN MIN RICH WOLVERINE 10 Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement EXHIBIT 1 Site Plan of Property Created for the City of Richfield using League of Minnesota Cities Model Contract: Small Wireless Facility Collocation Agreement Verizon Node: MN MIN RICH WOLVERINE 10 EXHIBIT 2 Equipment Space (if any), Antenna Space and Cabling Space and Cabling Space 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70318 1/5 Right of Way / Utility Small Cell Permit# 2020-SC012, UID# 70318 Valid: 08/30/2021 - 09/17/2021 Hennepin County Public Works Transportation Department (Roads and Bridges) - Operations 1600 Prairie Drive Medina, MN 55340-5421 PROJECTS NORTH OF HIGHWAY 55 Jacob Cardinal (612-328-1622) 24 hours before starting work PROJECTS SOUTH OF HIGHWAY 55 Kurt Weber (612-221-9388) 24 hours before starting work Email Aerial or Underground?Neither Construction Description:Small wireless facility attachment on to City own pole within County RoW. Construction Dates:08/30/2021 to 09/17/2021 Map: Municipality:Richfield Site(s):County Road #From To Relative to Road 53 W66th St 44.88305833 -93.28929722 W66th St West Upload sketch:File 1: Rev1MNMINRICHWolverineSC10093020.pdf Information Location Sketch / Site Plan MapBoxMapBox 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70318 2/5 Applicant name:Name: Amber Johnson Company name: Verizon Wireless Title: Real Estate Phone: (612 ) 720 - 6648 Email: amber.johnson4@verizonwireless.com Company address: 10801 Bush Lake Rd Bloomington MN 55438 Contractor name:Name: Amber Johnson Phone: (612 ) 720 - 6648 Email: amber.johnson4@verizonwireless.com Address: 10801 Bush Lake Rd Bloomington MN 55438 Definitions UTILITY. Under this order "Utility" shall mean and include all privately, publicly or co-operatively owned communication lines and facilities, any systems, lines and facilities for the distribution and transmission of electrical energy, oil, gas, water, sewer, steam and other pipe lines, railways, ditches or other structures which under the laws of this State or the Ordinance of any County or City may be constructed, placed or maintained across, along or on County Highway Right-of-Way. Dependent upon the meaning intended in the context, "utility" shall also mean the Utility Company, inclusive of any wholly owned subsidiary. Applicant Contractor Terms 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70318 3/5 General -Except as otherwise permitted, utility construction and relocation on County Highway Right-of-Way shall not be commenced until an application for a Permit has been made and such Permit granted. The Permit submittal shall include detailed construction plans that show the location of the proposed utility with reference to County Highway Centerline. -Each registrant shall, at the time of registration and by January 1 of each year, file a construction and major maintenance plan for all work within the county right-of-way for the upcoming year with the Permit Office. Such plan shall be submitted using a format designated by the Permit Office and shall contain the information necessary to facilitate coordination and reduction in the frequency of excavations and obstructions of right-of-way. The registrant shall map electronically upcoming major projects onto the county's established mapping application (Utility Infrastructure Integration, UI2). -Inclement weather shall be reason for delay of the project start or suspension of the project as determined by Hennepin County. - Safety vests shall be worn by ANYONE occupying County right-of-way. -Permit on Job: Permits or copies shall be kept on the work site, while work is in progress, in the custody of the individual in charge, and shall be exhibited upon request by any county official. -Provisions and Specifications: These general permit requirements and specifications shall be considered as forming an integral part of each and every permit issued for operations on county roadways. The work authorized by this permit shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the County of Hennepin as herein specified. If at any time Hennepin County finds that the work is not being, or has not been, properly performed, the Permittee, upon being notified, shall immediately take the necessary steps, at their own expense, to place the work in conformance to said requirements or standards. -Annulment: In the event of failure or neglect by said Permittee or Permittee's employees, to perform and comply with the prescribed conditions, restrictions and regulations, the Transportation Department may revoke and annul this permit and order said Permittee to immediately remove any and all structures or property belonging to said Permittee from the legal limits of the roadway or county property. -Private Property: The Permit as issued does not in any way imply an easement on private property or grant a right to encroach on private property. -Driving Limitations: No driving onto highway from ditch or driving on shoulders or over curbs where damage will occur. -Lugs on Equipment: No lugs shall be used on equipment traversing Hennepin County roadways. -Insurance: The Permittee shall have in force during the operation of Permittee's vehicles and equipment over and/or adjacent to Minnesota roadways, (1) Commercial General Liability Insurance with each occurrence of $1,500,000 and general aggregate limits of $2,000,000, and (2) Automobile Liability Insurance with combined single limit each occurrence coverage for bodily injury and property damage limits of $1,500,000. These are minimum insurance requirements. It is the sole responsibility of the Permittee to determine the need for and to procure additional insurance which may be needed in connection with this Permit. If requested, a Certificate of Insurance must be provided naming Hennepin County as certificate holder and as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Permit. -Indemnification: The Applicant shall, to the extent permitted by law, defend, indemnify and hold harmless the County, it's employees, officers, agents, and contractors against any claim of liability or against any loss of any kind, including compliance with administrative orders and regulations, and specifically including, without limitation, against any claim of liability or loss from personal injury or property damage resulting from or arising out of the presence of the Applicant's equipment or other personal property on County managed public right-of-way or on County property placed within the right-of-way that is in any way related to or as part of an attachment to County owned infrastructure and also as to any willful misconduct of the Applicant, it's employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the willful misconduct of the County, or it's employees, contractors, or agents. -Liability Waiver: The Applicant waives any liability of the County, or any of its respective agents, representatives, successors or employees for any lost revenue, lost profits, loss of technology, use of rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of services, even if the County has been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise that is related to, arises out of, or is in some part, caused by Applicant's attachment to or use of County owned infrastructure or county managed public right-of-way. TRAFFIC CONTROL: -All warning devices and barricades shall conform to the Minnesota Manual on Uniform Traffic Control Devices, current edition, and any and all updates or supplements thereto. -All warning devices, barricades, flagmen and equipment shall be provided by parties or organizations performing the work. Said devices shall be removed from the job site promptly upon completion of work. -Standard warning devices and barricades and safety vests shall be kept clean and in good repair at all times. -Detour on a County roadway requires ten (10) working days advance notice to the Permit Office. -Execution: The Permittee shall use due diligence in the execution of the work authorized under this permit in order not to endanger or unnecessarily obstruct travel along the said highway. Operations shall be so conducted at all times as to permit safe and reasonably free travel over the roads within the limits of the work herein prescribed. All safety measures for the free movement of traffic shall be provided by the Permittee at its own cost. GENERAL CONSTRUCTION -Conformity to Laws: The installation shall be made in conformity with all applicable laws, regulations and codes covering said installations. All installations shall be made inconformity with regulations of governmental agencies for the protection of the public. -Americans with Disabilities Act: Any work in the County's rights- of-way that impacts any pedestrian facilities requires that the restoration of the pedestrian facilities impacted be restored to conform to current ADA requirements and standards. - Removal: If at any time the permitted structure or facility shall fail from any cause whatsoever, the Permittee shall have the same removed or repaired immediately upon receipt of written notice to do so. -Existing Facilities: Applicant must protect all existing installations. -Cutting Trees: The permission herein granted does not confer upon the Permittee the right to cut, remove or destroy trees or shrubbery within the legal limits of the roadway or relieve Permittee from obtaining any consent otherwise required from the owner of the property adjacent thereto. -Drainage: The existing drainage patterns shall not be altered unless approved by Hennepin County. Watershed District approval and drainage calculations are required if plan alters existing drainage patterns. -Clean-Up: Street surface and roadside shall be kept clean, neat and presentable throughout construction as determined by the Hennepin County Transportation Department. -Dust control shall be provided upon request of the Hennepin County Transportation Department at the Permittee's expense. -Trees and Vegetation: Burning or disking operations and or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without Hennepin County approval. -Illicit Discharge: permittee shall not discharge any liquid or materials into Hennepin County right-of-way other than adequately treated stormwater or allowable uncontaminated waters as defined by MPCA in part 1A of the MS4 general permit. Any illicit discharge must be reported immediately to permits office staff, properly contained and remediated. RESTORATION -Damage to Roadway- If pavement, roadway or right-of-way is damaged; same shall be restored, in a timely manner to its original or a better condition, at the sole expense of the Permittee. -The Permittee will be responsible for maintenance or repair of any and all failures due to settlement, erosion, lack of vegetation growth, rutting or other job related problems for a period of two (2) years after project completion and Notice of Work Completion form has been received by Hennepin County. Permittee shall perform all said maintenance immediately after it has been notified of deficiencies. Permittee shall be responsible for all costs and expenses related to said maintenance. -Permittee's failure to perform maintenance or repair of any failures and/or damage to roadway or right-of-way immediately will result in Hennepin County, through its own forces or its contractors, performing said maintenance or repairs and billing Permittee for all costs and expenses related thereto. Permittee shall make payment to Hennepin County within fifteen (15) days of receipt of said bill. Permittee agrees, that if it fails to make payment of said amounts within the specified time, to Hennepin County, Permittee shall pay all costs related to debt collections, including, but not limited to, court costs, fees, interest and attorneys' fees. -Permanent restoration plans must be submitted to the County's Permit Office prior to starting construction for temporary restoration/winter stabilization work occurring between November 1st and April 30th. -Quality of Work: Finished surface, base and sub-base of road upon completion of work shall be equal to or better than specifications for original road. 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70318 4/5 Small Cell 1. Small Cell Permit Applications shall include the following: -Completed permit application and fee -Performance bond on file and proof of insurance -Detail construction plans signed by a P.E. (should include backhaul facilities) -Structural study -Radio frequency study -Copy of permit from pole owner if owned by an agency other than Hennepin County (if applicable) -Copy of the right-of-way permit if the right-of-way is managed by another agency other than Hennepin County 2. The permits office shall, on the basis of review of such detailed construction plans and drawings, determine whether to give the user permission to proceed with the work as proposed by the user. Upon application approval, the Applicant shall have permission to use the premises and make attachments and installations in accordance with the terms of the application, this policy, and all other appropriate rules and regulations. The Applicant shall perform all work at its own expense and make attachments in such a manner as to not interfere with the services of the County. Final construction plans shall have affixed to them the signature of the Applicant's Engineer who shall be licensed in Minnesota pursuant Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326. 3. The Applicant must obtain and submit to the permits office a structural engineering study carried out by a qualified structural engineer showing that the pole(s) and foundation(s) is (are) able to support the proposed attachment. 4. The Applicant shall obtain from the county and all other applicable agencies, any and all permits required for a complete installation. Applicable fees for any permits shall be borne by the user. The user shall be bound by the requirements of each permit. 5. Maintenance: The user shall maintain the attachment/facility in good and safe condition at its own cost and expense, and in compliance with applicable fire, health, building, and other life safety codes. 6. Power Disconnect: Upon request from the county, the user shall disconnect the power to the user's pole attachment within eight (8) hours of such request to facilitate any maintenance or repair work to the pole or county attached infrastructure. After eight (8) hours or immediately after an emergency, the county reserves the right to disconnect the power to the vendor's attachment. 7. Termination: Notwithstanding anything to the contrary contained herein, the user shall have the right to terminate user's occupancy provided that 30 days prior notice is given to the county. 8. User agrees to and shall install equipment of the type and frequently which will not cause harmful interference to any equipment of the county or other users of the premises which existed or have been permitted on the premises prior to the date the attachment permit was acquired by the user. In the event the county reasonably determines user's equipment causes such interference, user will remove the equipment. It is the user's responsibility to conform and appropriately test that their equipment will not cause harmful interference before pursuing approval from the county. 9. The user shall obtain a radio frequency interference study carried out by an independent professional radio frequency engineer ("RF Engineer") showing that the users intended use will not interfere with the county?s licensed and unlicensed communication facilities, which are located on or near the structure. The user shall not transmit or receive radio waves at the premises until such evaluation has been satisfactory completed and approved. 10. The user shall implement all measures at the transmission site required by Federal Communications Commission (FCC) regulations. In the event the user causes the site to exceed the FCC radio frequency radiation limits, as measured on the premises, or otherwise violate FCC standard, the user shall be liable for all such non-compliance and shall defend, indemnify and hold the county harmless from all claims arising from non-compliances. 11. The County Engineer or designee may immediately suspend the permission of a user to make a new or additional attachments or maintain existing attachments if the user materially fails to comply with the terms of its permit if the county provides written notice to the user of such failure to comply. If the user fails to cure the default on or before the sixtieth (60) day after receipt of the notice, the county may terminate the users permit. The user shall immediately begin removal of its attachments after termination of a user's permit for violations of the permit terms. Unless the director grants an extension of the time, a user must remove all attachments not later than the sixtieth day after the effective date of termination After termination of a user's permit, the user must comply with the terms of this agreement until attachments are removed. 12. All antenna facilities affixed to a pole in the right-of-way which have exterior exposure shall match the color of the pole. For exposed cables, wires, or appurtenances, the county shall require that cables, wires or appurtenances be placed in conduit which shall match the color of the pole. 13. REMOVAL AT END OF TERM OR UPON PERMIT REVOCATION APPLICANT shall, within ninety (90) days after any termination of this Permit, remove its equipment, conduits, fixtures and all personal property and restore the premises to its original condition, reasonable wear and tear expected. The county agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of Applicant shall remain the personal property of Applicant and Applicant shall have the right to remove the same at any time during the term. All poles, conduit and pole boxes are and shall remain property of the county. If such time for removal causes Applicant to remain on the premises after termination, Applicant shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis until such time as the removal of the antenna structure, fixtures and all personal property are completed. All rentals paid prior to said termination date shall be retained by the county. Charge Cost Quantity Total Routine Fee added 10/09/2020 8:12 AM To be used for all permitted work. $330.00 x 1 $330.00 Grand Total Total $330.00 Payment 10/19/2020 $330.00 Due $0.00 Approved subject to the following conditions: 1) Contact Kurt Weber at (612) 221-9388 or via email at Kurtis.Weber@hennepin.us at least 24 hours prior to construction. Failure to contact the south inspector or the Permits Office shall be considered a violation of the permit and grounds for dismissing contractor from the job site. 2) Applicant shall maintain safe conditions for pedestrians at all times during installation 3) If all work under this permit is completed, click the green flag icon in Permit view to change the status to 'Ready for Inspection'. 4) Temporary traffic control layouts on County roads shall conform to the most recent version of the Minnesota Manual on Uniform Traffic Control Devices. 5) Notify Roy Doran at 612-596-0293 a minimum of 48 hours prior to any work involving a Hennepin County traffic signal, including prior to the milling of a road surface that may contain loop detectors. There may be additional charges invoiced to you for work completed by the Hennepin County Signal Shop. 6) Requests for Saturday work must submitted by email to michael.olmstead@hennepin.us and received by Thursday at noon. For all other off Invoice #38843 (10/09/2020) Special Provisions 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70318 5/5 hour requests, please contact the individual inspector mentioned above in #1. 7) Daily permission required from Hennepin County Permits Inspector or Office before beginning work between November 15th and April 15th. 8) Non-Emergency excavations in the paved surface of the roadway will not be permitted unless certified hot mix bituminous is available. 9) Permanent restoration plans must be submitted to the Permits Office for temporary restoration/winter stabilization for work occurring between November 1st and April 30th prior to starting construction. This roadway was resurfaced within the last 5 years. Therefore no excavations will be allowed in the paved surface. Transformers, poles and other related equipment shall be located outside of any trail or roadway clear zone and sight lines. ***Coordinate pole installation with Hennepin County inspector. *** ***No excavations or undermining of curb or roadway surface. *** Approval Signature Applicant Tamora Hartman - 10/09/2020 8:12 AM 7fb3844132a3bfc6d1e27d04e8bb4647 f0d99a0e1ffe19b51cf4eeed67d55629 #1 Permits Inspector Kurt Weber - 10/12/2020 7:27 AM b4cac7fbea99e560453f60534dd95f59 17d8d453fabe604fc016c45e930c87d5 #2 Permits Supervisor Michael D. Olmstead - 10/19/2020 4:56 PM b8ce362784d2b7166c4ecbbefa234395 e5e639ff1766b8de2f213735a31dcf10 Approvals 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70427 1/5 Right of Way / Utility Small Cell Permit# 2020-SC013, UID# 70427 Valid: 08/30/2021 - 09/17/2021 Hennepin County Public Works Transportation Department (Roads and Bridges) - Operations 1600 Prairie Drive Medina, MN 55340-5421 PROJECTS NORTH OF HIGHWAY 55 Jacob Cardinal (612-328-1622) 24 hours before starting work PROJECTS SOUTH OF HIGHWAY 55 Kurt Weber (612-221-9388) 24 hours before starting work Email Aerial or Underground?Neither Construction Description:Small Wireless Facility attaching to a City pole within County RoW Construction Dates:08/30/2021 to 09/17/2021 Map: Municipality:Richfield Site(s):County Road #From To Relative to Road 53 700 West 66th St.Lyndale Ave S West Upload sketch:File 1: Rev1MNMINRICHWolverineSC11093020.pdf Information Location Sketch / Site Plan MapBoxMapBox 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70427 2/5 Applicant name:Name: Amber Johnson Company name: Verizon Wireless Title: Real Estate Phone: (612 ) 720 - 6648 Email: amber.johnson4@verizonwireless.com Company address: 10801 Bush Lake Rd Bloomington MN 55438 Contractor name:Name: Amber Johnson Phone: (612 ) 720 - 6648 Email: amber.johnson4@verizonwireless.com Address: 10801 Bush Lake Rd Bloomington MN 55438 Definitions UTILITY. Under this order "Utility" shall mean and include all privately, publicly or co-operatively owned communication lines and facilities, any systems, lines and facilities for the distribution and transmission of electrical energy, oil, gas, water, sewer, steam and other pipe lines, railways, ditches or other structures which under the laws of this State or the Ordinance of any County or City may be constructed, placed or maintained across, along or on County Highway Right-of-Way. Dependent upon the meaning intended in the context, "utility" shall also mean the Utility Company, inclusive of any wholly owned subsidiary. Applicant Contractor Terms 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70427 3/5 General -Except as otherwise permitted, utility construction and relocation on County Highway Right-of-Way shall not be commenced until an application for a Permit has been made and such Permit granted. The Permit submittal shall include detailed construction plans that show the location of the proposed utility with reference to County Highway Centerline. -Each registrant shall, at the time of registration and by January 1 of each year, file a construction and major maintenance plan for all work within the county right-of-way for the upcoming year with the Permit Office. Such plan shall be submitted using a format designated by the Permit Office and shall contain the information necessary to facilitate coordination and reduction in the frequency of excavations and obstructions of right-of-way. The registrant shall map electronically upcoming major projects onto the county's established mapping application (Utility Infrastructure Integration, UI2). -Inclement weather shall be reason for delay of the project start or suspension of the project as determined by Hennepin County. - Safety vests shall be worn by ANYONE occupying County right-of-way. -Permit on Job: Permits or copies shall be kept on the work site, while work is in progress, in the custody of the individual in charge, and shall be exhibited upon request by any county official. -Provisions and Specifications: These general permit requirements and specifications shall be considered as forming an integral part of each and every permit issued for operations on county roadways. The work authorized by this permit shall be done at such time and in such manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the County of Hennepin as herein specified. If at any time Hennepin County finds that the work is not being, or has not been, properly performed, the Permittee, upon being notified, shall immediately take the necessary steps, at their own expense, to place the work in conformance to said requirements or standards. -Annulment: In the event of failure or neglect by said Permittee or Permittee's employees, to perform and comply with the prescribed conditions, restrictions and regulations, the Transportation Department may revoke and annul this permit and order said Permittee to immediately remove any and all structures or property belonging to said Permittee from the legal limits of the roadway or county property. -Private Property: The Permit as issued does not in any way imply an easement on private property or grant a right to encroach on private property. -Driving Limitations: No driving onto highway from ditch or driving on shoulders or over curbs where damage will occur. -Lugs on Equipment: No lugs shall be used on equipment traversing Hennepin County roadways. -Insurance: The Permittee shall have in force during the operation of Permittee's vehicles and equipment over and/or adjacent to Minnesota roadways, (1) Commercial General Liability Insurance with each occurrence of $1,500,000 and general aggregate limits of $2,000,000, and (2) Automobile Liability Insurance with combined single limit each occurrence coverage for bodily injury and property damage limits of $1,500,000. These are minimum insurance requirements. It is the sole responsibility of the Permittee to determine the need for and to procure additional insurance which may be needed in connection with this Permit. If requested, a Certificate of Insurance must be provided naming Hennepin County as certificate holder and as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Permit. -Indemnification: The Applicant shall, to the extent permitted by law, defend, indemnify and hold harmless the County, it's employees, officers, agents, and contractors against any claim of liability or against any loss of any kind, including compliance with administrative orders and regulations, and specifically including, without limitation, against any claim of liability or loss from personal injury or property damage resulting from or arising out of the presence of the Applicant's equipment or other personal property on County managed public right-of-way or on County property placed within the right-of-way that is in any way related to or as part of an attachment to County owned infrastructure and also as to any willful misconduct of the Applicant, it's employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the willful misconduct of the County, or it's employees, contractors, or agents. -Liability Waiver: The Applicant waives any liability of the County, or any of its respective agents, representatives, successors or employees for any lost revenue, lost profits, loss of technology, use of rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of services, even if the County has been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise that is related to, arises out of, or is in some part, caused by Applicant's attachment to or use of County owned infrastructure or county managed public right-of-way. TRAFFIC CONTROL: -All warning devices and barricades shall conform to the Minnesota Manual on Uniform Traffic Control Devices, current edition, and any and all updates or supplements thereto. -All warning devices, barricades, flagmen and equipment shall be provided by parties or organizations performing the work. Said devices shall be removed from the job site promptly upon completion of work. -Standard warning devices and barricades and safety vests shall be kept clean and in good repair at all times. -Detour on a County roadway requires ten (10) working days advance notice to the Permit Office. -Execution: The Permittee shall use due diligence in the execution of the work authorized under this permit in order not to endanger or unnecessarily obstruct travel along the said highway. Operations shall be so conducted at all times as to permit safe and reasonably free travel over the roads within the limits of the work herein prescribed. All safety measures for the free movement of traffic shall be provided by the Permittee at its own cost. GENERAL CONSTRUCTION -Conformity to Laws: The installation shall be made in conformity with all applicable laws, regulations and codes covering said installations. All installations shall be made inconformity with regulations of governmental agencies for the protection of the public. -Americans with Disabilities Act: Any work in the County's rights- of-way that impacts any pedestrian facilities requires that the restoration of the pedestrian facilities impacted be restored to conform to current ADA requirements and standards. - Removal: If at any time the permitted structure or facility shall fail from any cause whatsoever, the Permittee shall have the same removed or repaired immediately upon receipt of written notice to do so. -Existing Facilities: Applicant must protect all existing installations. -Cutting Trees: The permission herein granted does not confer upon the Permittee the right to cut, remove or destroy trees or shrubbery within the legal limits of the roadway or relieve Permittee from obtaining any consent otherwise required from the owner of the property adjacent thereto. -Drainage: The existing drainage patterns shall not be altered unless approved by Hennepin County. Watershed District approval and drainage calculations are required if plan alters existing drainage patterns. -Clean-Up: Street surface and roadside shall be kept clean, neat and presentable throughout construction as determined by the Hennepin County Transportation Department. -Dust control shall be provided upon request of the Hennepin County Transportation Department at the Permittee's expense. -Trees and Vegetation: Burning or disking operations and or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without Hennepin County approval. -Illicit Discharge: permittee shall not discharge any liquid or materials into Hennepin County right-of-way other than adequately treated stormwater or allowable uncontaminated waters as defined by MPCA in part 1A of the MS4 general permit. Any illicit discharge must be reported immediately to permits office staff, properly contained and remediated. RESTORATION -Damage to Roadway- If pavement, roadway or right-of-way is damaged; same shall be restored, in a timely manner to its original or a better condition, at the sole expense of the Permittee. -The Permittee will be responsible for maintenance or repair of any and all failures due to settlement, erosion, lack of vegetation growth, rutting or other job related problems for a period of two (2) years after project completion and Notice of Work Completion form has been received by Hennepin County. Permittee shall perform all said maintenance immediately after it has been notified of deficiencies. Permittee shall be responsible for all costs and expenses related to said maintenance. -Permittee's failure to perform maintenance or repair of any failures and/or damage to roadway or right-of-way immediately will result in Hennepin County, through its own forces or its contractors, performing said maintenance or repairs and billing Permittee for all costs and expenses related thereto. Permittee shall make payment to Hennepin County within fifteen (15) days of receipt of said bill. Permittee agrees, that if it fails to make payment of said amounts within the specified time, to Hennepin County, Permittee shall pay all costs related to debt collections, including, but not limited to, court costs, fees, interest and attorneys' fees. -Permanent restoration plans must be submitted to the County's Permit Office prior to starting construction for temporary restoration/winter stabilization work occurring between November 1st and April 30th. -Quality of Work: Finished surface, base and sub-base of road upon completion of work shall be equal to or better than specifications for original road. 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70427 4/5 Small Cell 1. Small Cell Permit Applications shall include the following: -Completed permit application and fee -Performance bond on file and proof of insurance -Detail construction plans signed by a P.E. (should include backhaul facilities) -Structural study -Radio frequency study -Copy of permit from pole owner if owned by an agency other than Hennepin County (if applicable) -Copy of the right-of-way permit if the right-of-way is managed by another agency other than Hennepin County 2. The permits office shall, on the basis of review of such detailed construction plans and drawings, determine whether to give the user permission to proceed with the work as proposed by the user. Upon application approval, the Applicant shall have permission to use the premises and make attachments and installations in accordance with the terms of the application, this policy, and all other appropriate rules and regulations. The Applicant shall perform all work at its own expense and make attachments in such a manner as to not interfere with the services of the County. Final construction plans shall have affixed to them the signature of the Applicant's Engineer who shall be licensed in Minnesota pursuant Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326. 3. The Applicant must obtain and submit to the permits office a structural engineering study carried out by a qualified structural engineer showing that the pole(s) and foundation(s) is (are) able to support the proposed attachment. 4. The Applicant shall obtain from the county and all other applicable agencies, any and all permits required for a complete installation. Applicable fees for any permits shall be borne by the user. The user shall be bound by the requirements of each permit. 5. Maintenance: The user shall maintain the attachment/facility in good and safe condition at its own cost and expense, and in compliance with applicable fire, health, building, and other life safety codes. 6. Power Disconnect: Upon request from the county, the user shall disconnect the power to the user's pole attachment within eight (8) hours of such request to facilitate any maintenance or repair work to the pole or county attached infrastructure. After eight (8) hours or immediately after an emergency, the county reserves the right to disconnect the power to the vendor's attachment. 7. Termination: Notwithstanding anything to the contrary contained herein, the user shall have the right to terminate user's occupancy provided that 30 days prior notice is given to the county. 8. User agrees to and shall install equipment of the type and frequently which will not cause harmful interference to any equipment of the county or other users of the premises which existed or have been permitted on the premises prior to the date the attachment permit was acquired by the user. In the event the county reasonably determines user's equipment causes such interference, user will remove the equipment. It is the user's responsibility to conform and appropriately test that their equipment will not cause harmful interference before pursuing approval from the county. 9. The user shall obtain a radio frequency interference study carried out by an independent professional radio frequency engineer ("RF Engineer") showing that the users intended use will not interfere with the county?s licensed and unlicensed communication facilities, which are located on or near the structure. The user shall not transmit or receive radio waves at the premises until such evaluation has been satisfactory completed and approved. 10. The user shall implement all measures at the transmission site required by Federal Communications Commission (FCC) regulations. In the event the user causes the site to exceed the FCC radio frequency radiation limits, as measured on the premises, or otherwise violate FCC standard, the user shall be liable for all such non-compliance and shall defend, indemnify and hold the county harmless from all claims arising from non-compliances. 11. The County Engineer or designee may immediately suspend the permission of a user to make a new or additional attachments or maintain existing attachments if the user materially fails to comply with the terms of its permit if the county provides written notice to the user of such failure to comply. If the user fails to cure the default on or before the sixtieth (60) day after receipt of the notice, the county may terminate the users permit. The user shall immediately begin removal of its attachments after termination of a user's permit for violations of the permit terms. Unless the director grants an extension of the time, a user must remove all attachments not later than the sixtieth day after the effective date of termination After termination of a user's permit, the user must comply with the terms of this agreement until attachments are removed. 12. All antenna facilities affixed to a pole in the right-of-way which have exterior exposure shall match the color of the pole. For exposed cables, wires, or appurtenances, the county shall require that cables, wires or appurtenances be placed in conduit which shall match the color of the pole. 13. REMOVAL AT END OF TERM OR UPON PERMIT REVOCATION APPLICANT shall, within ninety (90) days after any termination of this Permit, remove its equipment, conduits, fixtures and all personal property and restore the premises to its original condition, reasonable wear and tear expected. The county agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of Applicant shall remain the personal property of Applicant and Applicant shall have the right to remove the same at any time during the term. All poles, conduit and pole boxes are and shall remain property of the county. If such time for removal causes Applicant to remain on the premises after termination, Applicant shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis until such time as the removal of the antenna structure, fixtures and all personal property are completed. All rentals paid prior to said termination date shall be retained by the county. Charge Cost Quantity Total Routine Fee added 10/19/2020 11:21 AM To be used for all permitted work. $330.00 x 1 $330.00 Grand Total Total $330.00 Payment 10/19/2020 $330.00 Due $0.00 Approved subject to the following conditions: 1) Contact Kurt Weber at (612) 221-9388 or via email at Kurtis.Weber@hennepin.us at least 24 hours prior to construction. Failure to contact the south inspector or the Permits Office shall be considered a violation of the permit and grounds for dismissing contractor from the job site. 2) Applicant shall maintain safe conditions for pedestrians at all times during installation 3) If all work under this permit is completed, click the green flag icon in Permit view to change the status to 'Ready for Inspection'. 4) Temporary traffic control layouts on County roads shall conform to the most recent version of the Minnesota Manual on Uniform Traffic Control Devices. 5) Notify Roy Doran at 612-596-0293 a minimum of 48 hours prior to any work involving a Hennepin County traffic signal, including prior to the milling of a road surface that may contain loop detectors. There may be additional charges invoiced to you for work completed by the Hennepin County Signal Shop. 6) Requests for Saturday work must submitted by email to michael.olmstead@hennepin.us and received by Thursday at noon. For all other off Invoice #38935 (10/19/2020) Special Provisions 2/17/2021 Hennepin County Permits https://roadpermits.co.hennepin.mn.us/view.php?id=70427 5/5 hour requests, please contact the individual inspector mentioned above in #1. 7) Daily permission required from Hennepin County Permits Inspector or Office before beginning work between November 15th and April 15th. 8) Non-Emergency excavations in the paved surface of the roadway will not be permitted unless certified hot mix bituminous is available. 9) Permanent restoration plans must be submitted to the Permits Office for temporary restoration/winter stabilization for work occurring between November 1st and April 30th prior to starting construction. This roadway was resurfaced within the last 5 years. Therefore no excavations will be allowed in the paved surface. *** No excavations in CSAH 66 or roundabout including curb removal. Care must be taken to not undermine curb.*** ***Avoid potholing or damaging colored concrete sidewalk.*** Approval Signature Applicant Tamora Hartman - 10/19/2020 11:21 AM 9643826197bdf09aefb141b126c6001c aaa3dd1ba473bbcb1159df53c00d1a2c #1 Permits Inspector Kurt Weber - 10/20/2020 8:21 AM 02fffc709ec85463e5b7ac79b2f2c07c 435edda7ea307fad0e3acdd506f1a147 #2 Permits Supervisor Michael D. Olmstead - 10/20/2020 2:42 PM e0a970009eee2f2619fe20e37d47e2f8 6ab478ebf9719364672222c8e7138826 Approvals PROJECT DESCRIPTIONWORK ITEMSUPPLIED BYINSTALLED BYREPLACEMENT POLEVERIZONCONTRACTORVERIZON OWNED EQUIPMENTVERIZONCONTRACTORCABLINGCONTRACTORCONTRACTORRAYCAP BOXVERIZONCONTRACTORFIBER HAND-HOLEFIBER PROVIDERFIBER PROVIDERFIBER FROM FIBER HAND-HOLE TO EQUIPMENTCONTRACTORCONTRACTORUNDERGROUND ELECTRICAL RUNCONTRACTORCONTRACTORELECTRICAL RISERSEE UTILITY PLANSEE UTILITY PLAN1.In the event that Special Inspections are not performed in compliance with the contract terms, bid specifications and/or specified form,the General Contractor will be liable for all damages, construction performance, failures, and corrective actions related to the same.2.The following general notes shall apply to drawings and govern unless otherwise noted or specified.3.The work delineated in these drawings and described in the specifications shall conform to codes, standards and regulations that havejurisdiction in the state of MN, and the city of RICHFIELD.4.Requirements and regulations pertaining to R.F. safety codes and practices must be incorporated in the work even though they maynot be listed individually and separately in either the drawings or the specifications.5.Compare field conditions with architectural and engineering drawings. Any discrepancies shall be directed to the Architect forclarification prior to fabrication and/or construction. Submit necessary shop drawings prior to fabrication for approval by the Architect.No information or details on these sheets may be used without the permission of the owner, or the architect.6.Do not scale drawings! 11" x 17" drawings to scale 24" x 36" drawings scale multiply by 2.7.Unless otherwise shown or noted, typical details shall be used where applicable.8.Details shall be considered typical at similar conditions.9.Safety measures: The contractor shall be solely and completely responsible for the conditions of the job site, including safety of thepersons and property and for independent engineering reviews of these conditions. The Architect's or Engineers' job site review is notintended to include review of the adequacy of the contractor's safety measures.10.Within these plans and specifications, "Owner" implies VERIZON WIRELESS.11.The work is the responsibility of the general contractor unless noted otherwise.12.The terms "contractor" and "g.c." refer to the owner's general contractor and the general contractor's sub-contractors. It is the generalcontractor's responsibility to determine the division of work among sub-contractors.13.The general contractor is responsible in obtaining necessary public and private underground utility locate services prior to start ofexcavating / construction.SHEET INDEXSHEETSHEET DESCRIPTIONTITLE SHEETPROJECT INFORMATION, MAPS, DIRECTIONS, & SHEET INDEXSHEET 1SITE PLANSHEET 2ELEVATION, ANTENNA & EQUIPMENT KEY, ANTENNA PLANSHEET 3MOUNTING DETAIL & FIBER HAND-HOLESHEET 4EQUIPMENT DETAILS & PHOTOSSHEET 5ELECTRICAL, FIBER, & GROUNDING DETAILSSHEET 6ELECTRICAL DETAILSSHEET 7PEDESTRIAN & TRAFFIC SAFETY PLANSHEET 8GENERAL NOTESSC 13UTILITY ROUTING PLAN1SURVEYS0-S1STRUCTURAL NOTES & DRAWINGS (BY HERZOG)TITLETITLE SHEETMN MIN RICHWOLVERINE SC 13WN(NAD83)(NAD83)°'"°'"445259.65931641.14APPROX. ADDRESS:LOCATION CODE:549384PROJECT NUMBER:SITE COORDINATES:EXISTING POLE TYPE:EXISTING POLE FINISH:PAINT CODE:POLE DISPOSAL INFORMATION:20191974973G.C. TO COORDINATE WITH CITY OF RICHFIELDALUMINUMBLACK PAINTNEW POLE MATERIAL:NEW POLE FINISH:BLACK POWER COAT6601 NICOLLET AVE.RICHFIELD, MN 55423ALUMINUMSW 6993 "BLACK OF NIGHT"DIRECTORYNOTESRICHFIELD MN 55423SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSITE INFORMATIONPOLE LOCATIONSITE LOCATION MAPROW CONTACT: CITY OF RICHFIELD 1901 E. 66TH STREET RICHFIELD, MN 55423ASSET OWNER: CITY OF RICHFIELD 1901 E. 66TH STREET RICHFIELD, MN 55423POWER PROVIDER: XCEL ENERGY 5309 W. 70TH ST. EDINA, MN 55439 PHONE: (612) 303-5500VERIZON PROJECT MANAGER: CONTACT: JUSTIN BERG PHONE: (612) 720-0163 EMAIL: justin.berg@verizonwireless.comARCHITECT: DESIGN 1 ARCHITECTS LLC 9973 VALLEY VIEW ROAD EDEN PRAIRIE, MN 55344 PHONE: (952) 903-9299GROUND ELEVATION:848.2' (NAVD88)ADMINISTRATIVE AIDE/ANALYST: CONTACT: SCOTT KULZER PHONE: (612) 561-9172 EMAIL: skulzer@richfieldmn.govSITE ACQUISITION: BUELL CONSULTING, INC. 720 MAIN STREET, SUITE 200 ST. PAUL, MN 55108 JAMES RIES PHONE: (612) 481-2228CIVIL ENGINEER: CONTACT: JOE POWERS PHONE: (612) 861-9791 EMAIL: jpowers@richfieldmn.govSTRUCTURAL ENGINEER: HERZOG ENGINEERING 530 NORTH 3RD ST., SUITE 230 MINNEAPOLIS, MN 55401 CONTACT: JOSHUA HERZOG PHONE: (651) 844-1234STRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 TWUTEEWGGLEGENDSSTEHEHT WSOSWESWWWW. 66TH ST . NICOLLET AVE.8488488 4 8 848SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSHEET 1SITE MAPNORTHPOLE OFFSET DETAILCOVERVIEW OF SITEBAERIAL OVERVIEWASCALE:DSITE PLAN1" = 10'-0"STRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 SCALE:BANTENNA PLAN1" = 1'-0"NORTHSCALE:AANTENNA AND EQUIPMENT KEYN/ASHEET 2ELEVATION &EXISTING POLEPOLE HEIGHT:30.1'MAXIMUM APPURTENANCE HEIGHT:30.1'PROPOSED POLEPOLE HEIGHT:31.6' AGLMAXIMUM APPURTENANCE HEIGHT:31.6' AGLANTENNA PLANSHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSCALE:CNEW POLE ELEVATION3/16" = 1'-0"STRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 SHEET 3SCALE:BFIBER HAND-HOLE LAYOUT3/4" = 1'-0"SCALE:AEQUIPMENT MOUNTING DETAIL1" = 1'-0"SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDMOUNTING DETAIL &FIBER HAND-HOLESCALE:CRAYCAP AND METER ORIENTATIONN.T.S.09/28/2020 SHEET 4EQUIPMENT DETAILSSHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSCALE:BRF WARNING SIGNS @ 7' AGLN.T.SSCALE:DSITE PHOTON.T.SSCALE:ESITE PHOTON.T.SSCALE:FSITE PHOTON.T.STUFF-SEAL BUSHING LISTPART #BUSHING SPEC# OFHOLESØ OF EACHHOLEHUB SIZERSR-500-2SRB-500-22.500/.3751 1/2"RSR-508-2SRB-508-220.51 1/2"RSR-510-2SRB-510-220.6251 1/2"RSR-506-3SRB-506-330.3751 1/2"SCALE:ATUFF-SEAL BUSHINGN.T.SCTYPICAL SIGHT LINE DETAILWHERE APPLICABLESTRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 SHEET 5SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDELECTRICAL, FIBER &GROUNDING DETAILSSCALE:AGROUNDING DIAGRAMN.T.SSCALE:AGROUNDING DIAGRAMN.T.SSCALE:BEQUIPMENT MOUNTING/LAYOUT DETAILS1/2" = 1'-0"SCALE:ECONDUIT LAYOUT1/2" = 1'-0"SCALE:CTYPICAL RAYCAP ONE-LINE DIAGRAMN/ASCALE:DCONDUIT PLAN1" = 1'-0"BREAKAWAY CONNECTOR MATRIXDESCRIPTIONIDEAL CONNECTOR DESCRIPTION* IDEAL SLK MODEL ##2 OR #3 CU VZW SECONDARYNON-FUSED CRIMP BREAKAWAY30-C1212N#6 - #10 CU VZW BRANCH CIRCUITCONDUCTORS TO/FROM NODE BREAKAWAY30-C1616N#2 - #12 SET SCREW CITY LIGHTINGCIRCUIT DEAD ENDEDNON-FUSED, CITY STREET NEUTRAL LIGHTINGCIRCUIT #2 TO #12 BREAKAWAY30-S1212N#2 - #12 SET SCREW CITY LIGHTINGCIRCUIT DEAD ENDEDFUSED, CITY STREET NEUTRAL LIGHTING CIRCUIT #2TO #12 BREAKAWAY30-S1212#2 - #12 SET SCREW CITY LIGHTINGCIRCUIT, NODE IN CIRCUIT STRINGNON-FUSED, CITY STREET LIGHTING CIRCUIT #2 TO#12 "Y" BREAKAWAY30-S2212N#2 - #12 SET SCREW CITY LIGHTINGCIRCUIT, NODE IN CIRCUIT STRINGFUSED, CITY STREET LIGHTING CIRCUIT #2 TO #12 "Y"BREAKAWAY30-S2212* MODEL NUMBERS ARE PROVIDED AS A REFERENCE, CONTRACTOR MAY USE EQUIPMENT09/28/2020 SHEET 6SCALE:AMETER BOX DETAILN.T.SSCALE:BRAYCAP DETAIL3" = 1'-0"ELECTRICAL LOAD ANALYSIS PANELVOLTAGE: 120/240 V -1PH OCCUPANCY: TELECOMMUNICATION TOWERDESCRIPTION OF LOADLOADAMPS AT 240V 1 ØØ AØ BØ CØ NANTENNA POWER X 1.25 =15006.256.25--TOTAL CONNECTED LOAD =6.256.25--SERVICE AMPACITY100100-100SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSCALE:CONE LINE RISER DIAGRAM3" = 1'-0"ELECTRICAL DETAILS09/28/2020 SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSHEET 7PEDESTRIAN &TRAFFIC SAFETY PLANTABLE 1POSTEDSPEED (MPH)DISTANCE BETWEEN SIGNSTAPERBUFFERABCL (SEE NOTE)15100'-0"100'-0"100'-0"45'-0"100'-0"20100'-0"100'-0"100'-0"80'-0"115'-0"25100'-0"100'-0"100'-0"125'-0"155'-0"30200'-0"200'-0"200'-0"180'-0"200'-0"35200'-0"200'-0"200'-0"245'-0"250'-0"40350'-0"350'-0"350'-0"320'-0"305'-0"45350'-0"350'-0"350'-0"540'-0"360'-0"50500'-0"500'-0"500'-0"600'-0"425'-0"55500'-0"500'-0"500'-0"660'-0"495'-0"60500'-0"500'-0"500'-0"720'-0"570'-0"65500'-0"500'-0"500'-0"780'-0"645'-0"NOTES:1. DISTANCES IN FEET UNLESS OTHERWISE NOTED.2. CONTRACTOR TO VERIFY EXISTING SPEED LIMIT.3. DISTANCES SHOWN ARE NOT VALID FOR LIMITED ACCESS HIGHWAYS. CONSULTSTATE D.O.T MANUAL FOR DISTANCES.4. ADJUST DISTANCES TO COMPLY WITH REQUIREMENT OF THE STATE OR LOCALHIGHWAY AUTHORITY HAVING JURISDICTION. SEE NOTE 1/D-502.5. TAPER LENGTHS SHOWN BASED ON 12'-0" LANE WIDTH. SEE NOTE 18/D-502.STRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 “”“”“”“”“”“”SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSHEET 8GENERAL NOTESSTRUCTURAL #: 201246E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: _________________________ Signature ___________________________ Date _____________ License # _________ Joshua Herzog4239208/13/2020 SWESWWWW. 66TH ST . NICOLLET AVE.SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNMN MIN RICHWOLVERINE SC 136601 NICOLLET AVE.RICHFIELD, MN 55423 54938420191974973WWW.DESIGN1EP.COMTABCONSTRUCTION / BID05-14-20REV. A06-15-20ZJDREV. 008-10-20ZJD08-13-20REV. 108-13-20ZJDSC13UTILITYROUTING PLANNORTHSCALE:AUTILITY PLAN1" = 20'-0"SC 13BSCALE:BPOWER RUN DETAIL1/8" = 1'-0"09/28/2020 FOC FOCFOCUGEUGEUGE847 848SW WWW. 66TH ST . NICOLLET AVE.848848848 848HYD UGE EFILE NUMBER:SCALE:DATE:CHECKED BY:DRAWN BY:AS SHOWNLEGENDDESIGNCONCRETE SURFACE0SCALE ( IN FEET )2040TREE DECIDUOUSGRIDNORTHGEODETICNORTHSIGN POSTUGEUNDERGROUND GASSURVEYOR NOTES:SANITARY SEWERSSANITARY MANHOLEWATERMAINWWATER VALVEFOCUNDERGROUND FIBERELEC LIGHT POLE5/29/2020JMBBTB2020-10755NORTH MN MIN RICH WOLVERINE SC13WATER HYDRANTELEC SIGNALELEC METERGUARD POSTHYD E SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE 9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNVARIESVARIESWWW.DESIGN1EP.COMREV. 008/06/2020MTMW/TM/JHREV. 108/18/2020E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234STRUCTURAL #:201246MN MIN RICHWOLVERINESC10 SC11 SC12 SC13RICHFIELD, MN 55423REV. 108/18/2020MTS0GENERALSTRUCTURAL NOTES ANTENNA HEIGHT28.9' AGLCLPROPOSED TOP OF POLE HEIGHT31.6' AGL(3) PROPOSED ANTENNASW/ SHROUDS(1) PROPOSEDRAYCAPPROPOSED METER(SEE ARCH)S15'-0" MIN.ANCHOR BOLTEMBED.3"CLR.9'-0" MIN.EMBED2'-6" DIA. CONC. PIER(SEE 2/S1 FOR REINF.)3"CLR.NUT ATANCHOR BOLTBOTTOM (TYP.)2" CLR.3GROUND ELEVATION0.0' AGL(3) #4 BARS @2" O.C. AT TOPUTILITY CONDUITS ATCONC. PIER CENTER(SEE ARCH)POLE (BY VALMONT)PROPOSED BANNER ARMBRACKETS2"GALV. NUTAND WASHERTYP.NEW POLE BASE(SEE ELEV.)CONC. PIER(SEE ELEV.-REINF. NOT SHOWNFOR CLARITY)ANCHOR BOLT SIZE &LAYOUT BY POLEMANUFACTURER,MIN. EMBED. = 5'-0"S143/4" CHAMFER (TYP.)CONC. PIER(SEE ELEV.)EQUALEQUALEQUALEQUALVERIFY BOLTCIRCLE DIA.NOTE: CONTRACTOR TOVERIFY ANCHOR BOLTPATTERN WITH POLE MANUF.PRIOR TO INSTALLATION.(12) #7 VERT. BARS#4 TIES AT 4" O.C.ALONG ANCHOR BOLTLENGTH, 12" O.C.ELSEWHERE3" CLR.(TYP.)UTILITY CONDUITSAT CONC. PIERCENTER (SEE ARCH)SHEET NUMBERSET TYPEPLOT DATESUBMITTAL:INITIAL:DATE:DESCRIPTION:STRUCTURAL ANALYSIS:DATE:RFDS:DATE:DESCRIPTION:10801 Bush Lake RdBloomington, MN 55438952.946.4694 voicePROJECT NO:LOCATION CODE:CHECKED BY:SHEET TITLE 9973 VALLEY VIEW RD.EDEN PRAIRIE, MN 55344(952) 903-9299DESIGNVARIESVARIESWWW.DESIGN1EP.COMREV. 008/06/2020MTMW/TM/JHREV. 108/18/2020E N G I N E E R I N G L L CH E R Z O G530 North 3rd Street, Suite 230Minneapolis, MN 55401(612) 844 - 1234STRUCTURAL #:201246MN MIN RICHWOLVERINESC10 SC11 SC12 SC13RICHFIELD, MN 55423REV. 108/18/2020MTS1POLE ELEVATIONAND DETAILS1S1POLE ELEVATION1/8" = 1'-0"SCALE:2S1DETAILNO SCALESCALE:3S1DETAILNO SCALESCALE:4S1DETAILNO SCALEEQUIPMENT LOADINGEQUIPMENTMODELQTY.ELEV. CL. (AGL)ANTENNA W/SHROUDSTREET MACRO 6701328.9'RAYCAP BOXRSCAC-1333-PS-240126.7'LIGHTMAX. EPA = 2.0 SF131.6' (TOP OFLIGHT)BANNERSMAX. EPA = 10.8 SF2TOP ARM =14.0'BOT. ARM = 10.0'METERMILBANK METER-MAINU6281-XL-100-5T6(OR EQUAL)15.5' MAX.SEE SHEET S0 FOR ASSUMEDDESIGN PARAMETERS ANDSOIL REQUIREMENTS AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.C. STAFF RE P ORT NO. 71 CIT Y COUNCIL ME E T ING 5/11/2021 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTME NT D IRE C TO R RE V IE W: K ristin A sher, P ublic Works D irector 5/5/2021 O THE R D E PA RTM E NT RE V IE W: C hris Regis, F inance D irector C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/5/2021 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider the approval of a resolution committing City of Richfield funds in the estimated amount of $976,767.00 for the 77th Street Underpass Project. E X E C UT IV E S UM M ARY: Project Consistent with City Council direction, the Capital I mprovement Plan (C I P), and the City's Comprehensive Plan, staff is working towards the construction of the 77th Street Underpass I mprovements Project. The 77th Street underpass will connect 77th Street east and west of Trunk Highway (TH) 77 (Cedar Avenue) to eliminate a gap in the minor reliever network. The project will connect Bloomington and Longfellow Avenues and address regional traffic issues on the I -494 corridor through Richfield and Bloomington. Construction will commence in summer 2021 be ongoing 2022, with final completion in early 2023. Full Funding Demonstration W ith full project funding identified, Staff has been working with MnD OT Metro State Aid staff and Minnesota Management and Budget (MMB) to demonstrate full funding and move the approved plans forward and advertise the project for construction in May 2021. I n order for MMB staff to sign off on the final funding package, a resolution from the City explicitly committing to Richfield's share of the project costs must be approved by the City Council. For the purposes of obtaining MMB approval, the City is committing to funding its share of the project (estimated to be $976,767.00) and has ample funds in the Capital Improvement Reserve fund for this purpose. Ultimately, the City plans to cover its cost for the project through other funds but, for simplicity, is demonstrating full funding using the Capital Improvement Reserve Fund. RE C O M M E ND E D AC T I O N: By Motion: Approve the resolution committing City of Richfield funds in the amount of $976,767.00 for the 77th Street Underpass Project. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T See executive summary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The construction of the 77th Street Underpass I mprovements Projects is identified in the City's Capital I mprovement Plan and 5-Year Street Reconstruction Plan. The resolution committing to funding the City's share of project costs is a requirement of MMB before they will release the state bonding money for the project. C.C R IT IC AL T IMIN G IS S U E S: Staff is ready to move forward with soliciting bids for construction to start building the project in Summer 2021. D.F IN AN C IAL IMPAC T: Current project construction costs are estimated to be $19,979,291.93 and will be covered by the following sources: State Bond/L RI P: $11,690,000.00 Federal: $3,286,834.54 State, Federal and State Match Funds: $4,000,000.00 MnD OT Demolition Funds: $25,691.00 Local: $976,766.39 Metropolitan Airports Commission Funds Three Rivers Park District Funds MS A City Utility Funds E.L E GAL C ON S ID E R AT ION: None ALTE R N AT IV E R E C O MME N D ATIO N(S): None P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter F unding S ummary S heet B ackup Material Uses and S ources B ackup Material RESOLUTION NO. COMMITMENT BY THE CITY OF RICHFIELD TO PAY FOR ITS LOCAL SHARE OF THE 77TH STREET UNDERPASS PROJECT FROM THE CAPITAL IMPROVEMENTS RESERVE FUND WHEREAS, Consistent with City Council direction, the Capital Improvement Plan (CIP), and the City's Comprehensive Plan, staff is working towards the construction of the 77th Street Underpass Improvements Project; and WHEREAS, the 77th Street underpass will connect 77th Street east and west of Trunk Highway (TH) 77 (Cedar Avenue) to eliminate a gap in the minor reliever network; and WHEREAS, the project will connect Bloomington and Longfellow Avenues and address regional traffic issues on the I-494 corridor through Richfield and Bloomington. Construction will commence in summer 2021 be ongoing 2022, with final completion in early 2023; and WHEREAS, with full project funding identified, Staff has been working with MnDOT Metro State Aid staff and Minnesota Management and Budget (MMB) to demonstrate full funding and move forward with plans to let and build the project in late May 2021; and WHEREAS, in order for MMB staff to sign off on the final funding package, a resolution from the City explicitly committing to Richfield's share of the project costs must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that it is committing to funding its share of the project (estimated to be $976,767.00) and has ample funds in the Capital Improvement Reserve fund for this purpose. Adopted by the City Council of the City of Richfield, Minnesota, this 11th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose , City Clerk Task Total Estimate Cost Sub-Task Sub Task Cost Subtotal Revenues by Task LRIP Funds Federal Funds State, Federal and State Match Funds DEMO Funds City of Richfield Funds Construction Costs 19,979,291.93$ Roadway, Bridges 19,979,291.93$ 19,979,291.93$ 11,690,000.00$ 3,286,834.54$ 4,000,000.00$ 25,691.00$ 976,766.39$ DEMOSTRATION OF FULL FUNDING - 77TH ST UNDERPASS AT TH 77 77th Underpass Funding Uses/Sources Richfield Project No. 41300 Updated for Construction 5/05/2021 Uses:Notes Construction Costs $21,000,000 2021 estimate (includes 5% contingency) AVIS Utility Relocation $200,000 Construction Adminstration $300,000 City Labor $375,000 Total Uses $21,875,000 Sources: Federal $3,286,800 Have $7M for construction, requires 20% match (MnDOT) 2017 State Bonding $5,690,000 Construction 2020 State Bonding $6,000,000 Construction Three Rivers Park $300,000 TRPD Trail City Utilities $150,000 MnDOT $4,000,000 MAC $300,000 MSA $650,000 Total Sources $21,876,800 Low Risk Medium Risk High Risk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #4. STAFF RE P ORT NO. 72 CIT Y COUNCIL ME E T ING 5/11/2021 RE P O RT P RE PA RE D B Y: Melissa P oehlman, A sst. C ommunity D evelopment D irector D E PA RTME NT D IRE C TO R RE V IE W: John S tark, C ommunity D evelopment D irector 5/4/2021 O THE R D E PA RTM E NT RE V IE W: C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/5/2021 I T E M F O R C O UNC IL C O NS ID E RAT I O N: Consider a resolution and a first reading of a transitory ordinance establishing a city-wide six-month moratorium on the establishment of any new commercial use involving firearms to allow time for a planning study. E X E C UT IV E S UM M ARY: The City has not thoroughly reviewed regulations related to firearms since 2004. I n light of recent testimony regarding the changing market for the sale of firearms, the City believes it would be wise to conduct a planning study to examine current standards and discuss whether or not adjustments should be made. RE C O M M E ND E D AC T I O N: By motion: Adopt the attached resolution and conduct a first reading of the attached transitory ordinance establishing a city-wide six-month moratorium on the establishment of new commercial uses involving firearms, and schedule a public hearing and second reading of the attached ordinance for May 25, 2021. B AS IS O F RE C O M M E ND AT I O N: A.H IS TOR IC AL C ON T E X T The City has not reviewed our Zoning (and other land use) rules related to firearms uses in 17 years. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): State Law allows cities to adopt interim ordinances for the purposes of protecting the planning process and the health, safety, and welfare of its citizens. Notice of the May 25, 2021 public hearing shall be published in the Sun Current Newspaper. C.C R IT IC AL T IMIN G IS S U E S: The moratorium could be terminated upon the completion of a study, and any associated ordinance changes, prior to 6-months with subsequent City Council action. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION: The City Attorney was consulted on this course of action and has reviewed the attached resolution and ordinance. ALTE R N AT IV E R E C O MME N D ATIO N(S): Reject the adoption of a moratorium in relation to a study of land use regulations for uses involving firearms. P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G: None AT TAC H ME N T S: D escription Type Resolution Resolution L etter Transitory Ordinance Ordinance CITY OF RICHFIELD STATE OF MINNESOTA RESOLUTION NO. _______ A RESOLUTION ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED WHEREAS, the City of Richfield regulates the locations and operating characteristics of commercial uses that involve firearms in order to protect the public health, safety and general welfare of the community; and WHEREAS, the City of Richfield has been asked to explore whether or not the existing regulations for commercial uses that involve firearms should be adjusted based on technology, and specifically the sale of firearms over the internet; and WHEREAS, there are a number of significant planning and land use issues pertaining to the regulation of commercial uses that involve firearms (e.g. concentration, proximity to residential uses, differences between online and traditional sales); and WHEREAS, the City Council has determined a need to undertake a study to review and determine the appropriate land use controls for commercial uses involving firearms; and WHEREAS, upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The City Council finds that it is necessary to conduct a planning study to review and determine the appropriate land use controls that should apply to commercial uses involving firearms in the City. 2. The purpose of the study to be conducted includes, but is not limited to determining the appropriate permitting, land use and development standards that should apply to the distribution of firearms that are sold online from commercial properties and determining the appropriate changes, if any, that should be made to City Ordinances. 3. The City Council finds that there is a need to adopt a City-wide moratorium, while the study referenced in paragraph 1 of this resolution is being conducted. 4. The City Council finds that this moratorium applies to, but is not limited to, the following types of land use applications: site plan review, conditional use permits, interim use permits, building permits, and electrical permits for installation, construction or operation of commercial uses involving firearms the City. 5. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the City’s Ordinances by the City Council and such other commissions of the City as required by law or as directed by the City Council. 6. Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of City approvals for or related to the installation, construction or operation of any commercial uses involving firearms in the City. 7. During the period of the moratorium, applications for any such approvals related to commercial uses involving firearms shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application. 8. The Moratorium established by this resolution shall apply to any application pending as of the date of this resolution. 9. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect until November 11, 2021. 10. This resolution is effective upon adoption. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk DOCSOPEN\RC160\5\719019.v1-5/4/21 TRANSITORY ORDINANCE NO. ________ AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01. The City of Richfield regulates the locations and operating characteristics of commercial uses that involve firearms in order to protect the public health, safety and general welfare of the community. 1.02. The City of Richfield has been asked to explore whether or not the existing regulations for commercial uses that involve firearms should be adjusted based on technology, and specifically the sale of firearms over the internet. 1.03. There are a number of significant planning and land use issues pertaining to the regulation of commercial uses that involve firearms (e.g. concentration, proximity to residential uses, differences between online and traditional sales). 1.04. The City Council has determined a need to undertake a study to review and determine the appropriate land use controls for commercial uses involving firearms. 1.05. Upon completion of the study, the City Council, together with such city commissions as the City Council deems appropriate or as may be required by law, will consider the advisability of amending certain official controls. 1.06. Minnesota Statutes, section 462.355, subd. 4 permits the adoption of interim zoning ordinances during the planning process. Sec. 2. Findings. 2.01. The City Council finds that it is necessary to conduct a planning study to review and determine the appropriate land use controls that should apply to commercial uses involving firearms in the City. 2.02. The purpose of the study to be conducted includes, but is not limited to determining the appropriate permitting, land use and development standards that should apply to the distribution of firearms that are sold online from commercial properties and determining the appropriate changes, if any, that should be made to City Ordinances. 2.03. The City Council finds that there is a need to adopt a City-wide moratorium while the study reference in paragraph 2.01 is being conducted. DOCSOPEN\RC160\5\719019.v1-5/4/21 Sec. 3. Authorized Study; Moratorium. 3.01. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the City’s Ordinances by the City Council and such other commissions of the City as required by law or as directed by the City Council. 3.02. The moratorium shall apply to, but shall not be limited to, the following types of land use applications: site plan review, conditional use permits, interim use permits, building permits, and electrical permits for installation, construction or operation of commercial uses involving firearms the City. 3.03. Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of City approvals for or related to the installation, construction or operation of any commercial uses involving firearms in the City. 3.04. During the period of the moratorium, applications for any such approvals related to commercial uses involving firearms shall not be accepted by the City nor shall the Planning Commission or City Council consider or grant approval of any such application. 3.05. The moratorium established by this Ordinance shall apply to any application pending as of the date of the effective date of this Ordinance. Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium established under this Ordinance shall remain in effect until November 11, 2021. Sec. 6. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk