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05-25-2021 City Council MeetingREGULAR CITY COUNCIL MEETING VIRTUAL MEETING HELD VIA WEBEX MAY 25, 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, HRA and Planning Commission Meeting of April 19, 2021; (2) Special Closed City Council Meeting of May 10, 2021; (3) City Council Work Session of May 11, 2021; and (4) City Council Meeting of May 11, 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 a bid tabulation and award of contract to Corrective Asphalt Materials, LLC for the 2021 Maltene Pavement Rejuvenation Project in the amount $497,200.00, and authorize the City Manager to approve contract changes under $175,000 without further City Council consideration. Staff Report No. 74 B.Consider the approval for the collaboration with The Richfield Arts Commission, Mississippi Valley Poets and Writers, and the The Cornerstone Group to install a Poetry Walk around Richfield Lake Park. Staff Report No. 75 C.Consider the adoption of a resolution authorizing Minnesota Department of Transportation Agency Agreement No. 1045363 for Federal Participation in Advance Construction related to the 77th Street Underpass Project. Staff Report No. 76 D.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 wireless support structures within City right-of-way. S taff Report No. 78 E .C onsi der the adoption of a resolution authorizing Cooperative Construction Agreement No. 1032757 between the C ity of Richfi eld and the S tate of Minnesota D epartment of Transportation (MnD O T) for construction of the 77th S treet Underpass P roject. S taff Report No. 79 3.C onsideration of items, if any, removed from C onsent C alendar P U B LIC H EAR IN G S 4.C onduct a publi c hearing and consider approval of the second reading of a transi tory ordinance vacating a portion of 5th Avenue right-of-way south of 71st S treet. S taff Report No. 80 5.C onsider a second reading and a summary publication of a transitory ordinance establishing a city-wide six- month moratorium on the establishment of any new commercial use involving fi rearms to allow time for a planni ng study. S taff Report No. 81 R E S O L U T IO N S 6.C onsider adoption of a resolution authorizi ng the C ity to affirm the monetary limi ts on statutory municipality tort liability. S taff Report No. 82 7.S ummary review of the C ity Manager's annual performance evaluation for 2020, held on May 20, 2020, as required by Minn. S tatutes 13D .05 S ubd. 3(a), and consideration of a resoluti on amending employment agreement between C ity of Richfield and C ity Manager K atie Rodriguez for 2021. S taff Report No. 83 8.A resoluti on terminating the local emergency enacted in March 2020 in response to the C OV ID -19 pandemic. The local emergency was declared by the Mayor via P roclamation on March 16, 2020 and extended by C ity C ouncil on March 18, 2020 pursuant to Mi nnesota S tatutes section 12.29. S taff Report No. 84 O T H E R B U SIN E S S 9.C onsider the Mayor's appointment of a C i vil S ervice C ommissioner. S taff Report No. 85 C IT Y MAN AG E R ’S R E P O R T 10.C ity Manager's Report C L AIMS AN D PAYR O LL S 11.C laims and P ayroll C O U N C IL D IS C U S S IO N 12.Hats Off to Hometown Hits 13.A djournment Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96 hours in advance to the C ity Clerk at 612-861-9738. CITY COUNCIL MEETING MINUTES Richfield, Minnesota Concurrent City Council, Housing and Redevelopment Authority and Planning Commission Work Session April 19, 2021 CALL TO ORDER The work session was called to order by HRA Chair Supple at 6:00 p.m. via Webex. Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple, Sean Hayford Oleary and Simon Trautmann Council Members Absent: Ben Whalen HRA Members Mary Supple, Chair; Maria Regan Gonzalez; Sue Sandahl; Lee Ohnesorge Present: and Erin Vrieze Daniels HRA Members Absent: None PC Members Present: Kathryn Quam, Chair; Peter Lavin; Brendan Kennealy; Brett Stursa and Jim Rudolph PC Members Absent: Brian Pynn Staff Present: Katie Rodriguez, City Manager; John Stark, HRA Executive Director/Community Development Director; Melissa Poehlman, Assistant Community Development Director; and LaTonia DuBois, Administrative Assistant. Others Present: Tim Carter, Richfield Bloomington Honda Item #1 DISCUSSION OF THE SALE OF 7700 PILLSBURY AVENUE SOUTH TO RICHFIELD BLOOMINGTON HONDA, AND THE ZONING CODE AND COMPREHENSIVE PLAN CHANGES REQUIRED TO ALLOW ITS USE AS AN OFF-SITE SURFACE PARKING LOT. Concurrent City Council, HRA and Planning Commission Work Session -2- April 19, 2021 Executive Director Stark provided background information of the site (previously the City Garage). Tim Carter, Richfield Bloomington Honda, shared his proposal for the site to purchase the land and use it for employee parking. How he would purchase the land and the struggles with employee parking. The site plan was shared and Tim Carter reviewed the site plan with policymakers. Assistant Community Development Director Poehlman provided history of the site, explained how the property is currently zoned and policy changes and actions that would be necessary for the proposed use. Executive Director Stark spoke of a previous housing proposal that didn’t work out for the site and another recent proposal that has been put on hold due to funding and how that developer still may be interested and a business that has expressed interest in the site. Executive Director Stark stated that he believes the best value for this site is for housing and explained changes that would be required to the Comprehensive Plan to allow for parking as a stand-alone use and the tremendous interest for housing in Richfield. Executive Director Stark provided the direction needed from policy makers. Council Member Trautmann inquired about granting a variance to allow the stand-alone parking and if it would apply to the single site or the city as a whole. Assistant Community Development Director Poehlman explained that a variance would not be allowed as a use change and a change to city ordinance would be required. Council Member Hayford Oleary inquired about the ramp that Richfield Bloomington Honda agreed to build on their property. Assistant Community Development Director Poehlman explained the ramp was agreed on in the original planned unit development submitted and that building the ramp on Richfield Bloomington Honda property is a requirement of that planned unit development. Council Member Hayford Oleary expressed his thoughts on the proposal, mentioned it may not be the best use of land for the community and spoke about tax base for housing versus parking. Chair Supple asked Mr. Carter to explain the reasons he did not build the parking ramp. Mr. Carter explained that building the ramp is not affordable due to higher tax costs than originally anticipated and struggles with Covid-19. Mr. Carter explained that if he removed current inventory and shut down for a year to build the ramp his business would be unsustainable and the value Richfield Bloomington Honda adds to the city and the potential to acquire additional property in the area to build on in the future. Executive Director Stark explained that staff is supportive of Richfield Bloomington Honda and that staff is only opposed to sand-alone parking and explained that the tax value is established by Hennepin County not the city. Concurrent City Council, HRA and Planning Commission Work Session -3- April 19, 2021 Chair Supple inquired about a possible extension to allow Richfield Bloomington Honda additional time to build the ramp. Executive Director Stark informed policy makers of previous conversations between staff and Mr. Carter to find parking solutions. Assistant Community Development Director Poehlman explained how extensions could be granted through amendments to the original planned unit development. Commissioner Sandahl expressed support of the current temporary parking agreement and granting an extension. Commissioner Sandahl commended Mr. Carter for his partnership and involvement in the community. Planning Commission Chair Quam asked for clarification of changing permitted use in the area. Assistant Community Development Director Poehlman explained that you could not just rezone one property and the area that would be affected if zoning changes were made. Executive Director Stark explained spot zoning is not legal. Chair Supple shared a written comment from Council Member Whalen stating that he is opposed to a parking lot on the site and no more staff or council time should be devoted to the proposal. Commissioner Vrieze Daniels stated her opposition for using this site as parking. Administrative Assistant DuBois shared a written comment from Commissioner Lavin stating that he is opposed to the parking lot and does not find a housing development to be a desirable use for the land either. Commissioner Lavin was present virtually, but was only able to provide comment through the chat function. Commissioner Rudolph expressed desire to work with Mr. Carter and Richfield Bloomington Honda for a solution. Mayor Regan Gonzalez expressed desire to work with Mr. Carter and Richfield Bloomington Honda to find a solution as well and spoke of what a great partner he is to the city, but does not support the proposal for surface parking due to the location in the city. Commissioner Stursa agreed with previous comments regarding working with Mr. Carter, but that stand alone parking would not be a good idea for the city. Executive Director Stark acknowledged Commissioner Lavin’s thoughts regarding the site not being the best housing site. Director Stark also stated that he will work with Mr. Carter to find solutions and the possibility of exploring possible resources to build the parking ramp. Chair Supple thanked Mr. Carter for all he has done for the city and sharing his proposal. Concurrent City Council, HRA and Planning Commission Work Session -4- April 19, 2021 ADJOURNMENT The work session was adjourned by unanimous consent at 6:52 p.m. Date Approved: May 25, 2021 Maria Regan Gonzalez Mayor LaTonia DuBois Katie Rodriguez Administrative Assistant City Manager ADJOURNMENT CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting May 10, 2021 The meeting was called to order by Mayor Regan Gonzalez at 4:30 p.m. held virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Present: Ben Whalen; and Sean Hayford Oleary Staff Present: Kelly Wynn, Senior Office Assistant Others Present: Lisa Sorenson, Sorenson Consulting ITEM #1 SPECIAL MEETING ITEMS Special City Council Closed Executive Session regarding the City Manager’s annual performance evaluation. Mayor Regan Gonzalez, City Council Members and Lisa Sorenson held a closed executive session via WebEx where discussion of the City Manager’s annual performance review was conducted. The meeting was adjourned by unanimous consent at 6:12 p.m. Date Approved: May 25, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER CITY COUNCIL MEETING MINUTES Richfield, Minnesota City Council Work Session May 11, 2021 CALL TO ORDER The meeting was called to order by Mayor Regan Gonzalez at 5:31 p.m. virtually via WebEx. Council Members Maria Regan Gonzalez, Mayor; Ben Whalen; Mary Supple; Simon Present: Trautmann; and Sean Hayford Oleary Staff Present: Katie Rodriguez, City Manager; Amy Markle, Recreation Services Director; Rachel Lindholm, Sustainability Specialist; Mary Tietjen, City Attorney; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Administrative Assistant. Item #1 ORGANIZED COLLECTION PROPOSED CONTRACT Director Markle provided an overview of the item and topics to be discussed. Sustainability Specialist Lindholm presented information on the following: • Waste streams and services; • Increasing education to supply the best services possible; • Pricing for trash and recycling along with organics and yard waste; and • Pricing options for bulky items and electronics along with other extra services. City Manager Rodriguez emphasized residents can reduce the size of the cart if they begin utilizing organics. Sustainability Specialist Lindholm then reviewed FAQ’s and other benefits along with timeline. Mayor Regan Gonzalez thanked Sustainability Specialist Lindholm for the thorough presentation and the work put into the project. Council Member Hayford Oleary asked for clarification on recycling and organics frequency and if a decision and/or vote were needed now. Sustainability Specialist Lindholm stated no decision would be needed now but will need to be decided prior to signing the contract. Council Member Hayford Oleary expressed his support for city wide organics as a base rate for all households. He then asked about payment methods for residents. Sustainability Specialist Lindholm stated payment methods are not specified in the contract but has been discussed with haulers to provide a variety of options. Council Work Session Minutes -2- May 11, 2021 Council Member Hayford Oleary asked about yard waste fees for November if there were a change in haulers for residents as well as personal pick up fees. Sustainability Specialist Lindholm stated cart replacement is important to haulers and they have guidelines. Payments would be figured out so residents don’t double pay or miss out on any pick-ups of yard waste. Council Member Supple thanked staff for being thorough in negotiations. She then asked about walk up service and how residents qualify. Sustainability Specialist Lindholm stated details are still being working out as are opting out options but there will be an application process. Council Member Supple asked about assistance to residents on limited incomes. Sustainability Specialist Lindholm stated there are no current services for solid waste fees. Staff is doing everything possible to make it affordable and will continue to look into options. Council Member Trautmann thanked Sustainability Specialist Lindholm for her extraordinary work and negotiations. He asked how the city will hold haulers accountable if they were to become complacent. Sustainability Specialist Lindholm stated the power of organized collection offers items laid out in the contract to protect residents and provide better communication along with set standards. Council Member Trautmann asked about the process other cities have gone through and if Richfield will be able to avoid any potential issues. Sustainability Specialist Lindholm stated the Richfield process has gone immensely smoother than expected which was in part to researching other cities and asking questions. Council Member Whalen expressed excitement to see very specific requirements in the contract that pertain to the quality of services. He spoke of concerns from residents when it comes to poor service and asked when the city would get involved. Sustainability Specialist Lindholm stated it is not entirely defined in procedure. However, the city will be able to assist with issues unlike when services are personally contracted with residents, the city has no authority. Council Member Whalen spoke of how helpful it is to see the pricing in table format. He then asked about the 3% increase. Sustainability Specialist Lindholm stated the difficulty in determining totals as some parts of the bill are not subject to escalators. The organics and yard waste portions are dealt with differently as they are much cheaper to dispose of, which will be clarified in the finalized contract. Mayor Regan Gonzalez thanked staff for their tremendous research and negotiations. She also encouraged staff to reach out to the disability community if there are remaining questions. Council Member Whalen asked about a communication plan. Sustainability Specialist Lindholm stated there has been discussion efforts getting word out regarding the May 20 public hearing as staff would like to hear from residents. She also spoke of notices going out on social media and the newspaper. Council Work Session Minutes -3- May 11, 2021 Director Markle added the FAQs are on the city website and encouraged residents to take a look and contact herself or Sustainability Specialist Lindholm with questions. ADJOURNMENT The work session was adjourned by unanimous consent at 6:57 p.m. Date Approved: May 25, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager CALL TO ORDER The meeting was called to order by Mayor Maria Regan Gonzalez at 7:01 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; Jane Skov, IT Manager; Blanca Martinez Gavina, Executive Analyst; and Kelly Wynn, Administrative Assistant PLEDGE OF ALLEGIANCE Mayor Regan Gonzalez led the Pledge of Allegiance 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 William Lynch, 7620 Stevens Ave, supplied comments via email opposing current plans for organized trash/recycling/organics pick up in Richfield. He expressed concerns of rates going up a significant amount. John Symons, 7426 Elliot Ave S, supplied comments via email also raising concerns of the proposed organized collection. He does not believe this will benefit the residents in any way. Senior Office Assistant Wynn stated there were no other callers. APPROVAL OF MINUTES CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Council Meeting Virtual Meeting held via WebEx May 11, 2021 Council Meeting Minutes -2- May 11, 2021 M/Whalen, S/Trautmann to approve 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 C ity Council Meeting of May 3, 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/Supple, 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 Motion carried 5-0 Item #2 CONSENT CALENDAR City Manager Rodriguez presented the consent calendar. 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 RESOLUTION NO. 11850 Council Meeting Minutes -3- May 11, 2021 RESOLUTION OF COMMITMENT BY THE CITY OF RICHFIELD TO PAY FORITS LOCAL SHARE OF THE 77TH STREET UNDERPASS PROJECT FROM THE CAPITAL IMPROVEMENTS RESERVE FUND M/Whalen, S/Trautmann to approve the consent calendar. 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 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. STAFF REPORT NO. 72 Council Member Supple read staff report 72. Director Stark added staff received a recent inquiry on firearms use and online sales which resulted in the code needing to be revisited to accommodate regulations. Council Member Hayford Oleary asked what the process will look like to revise the code. Director Stark explained staff will have some public input as how it relates to residential areas and schools. M/ Supple, S/Hayford Oleary to 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. RESOLUTION NO. 11851 RESOLUTION ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING THAT A Council Meeting Minutes -4- May 11, 2021 PLANNING STUDY BE CONDUCTED Council Member Supple stated it will be good to review it as it hasn’t been since 2004 and new ways of sales have been developed. 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 CITY MANAGER REPORT City Manager Rodriguez stated City Clerk Elizabeth VanHoose will be leaving Richfield after 16 years. She spoke of how she has been a crucial part of the Deputy Registrar’s office and elections. Council Member Whalen spoke of the organized process City Clerk VanHoose always had when it came to voting and elections. He congratulated her on the transition. Council Member Trautmann wished City Clerk VanHoose all the best and thanked her for always doing such a wonderful job. Council Member Hayford Oleary echoed comments as City Clerk VanHoose was a great professional and hopes she does well in Eagan. Council Member Supple thanked City Clerk VanHoose for always doing a wonderful job and wished her well. Mayor Regan Gonzalez spoke of the pivoting City Clerk VanHoose was able to do to accommodate Covid restrictions and take on a challenging voting year. She stated she will be greatly missed. Item #6 CLAIMS AND PAYROLL M/Whalen, S/Supple that the following claims and payrolls be approved: U.S. Bank 05/11/2021 A/P Checks 296585 - 296828 $ 1,180,797.29 Payroll: 161599 - 161895 756,256.12 TOTAL $ 1,937,053.41 Executive Analyst Martinez Gavina took roll call vote: Council Meeting Minutes -5- May 11, 2021 Regan Gonzalez: AYE Supple: AYE Trautmann: AYE Hayford Oleary: AYE Whalen: AYE Motion carried 5-0 Item #7 HATS OFF TO HOMETOWN HITS Council Member Hayford Oleary spoke of the progress on the Orange Line through Richfield. Council Member Whalen spoke of the Centennial Elementary bike to school day he participated in and what a wonderful event it was. He also spoke of the 50th birthday event for Wood Lake Nature Center. Council Member Supple spoke of the upcoming events at Lyndale Gardens from July 15 through September 15. Events will take place at 6:00pm on Wednesdays with performances from a variety of groups. She then spoke of the sub area study being done where postcards have been mailed out and encouraged residents to go to the website to check out the project. Council Member Trautmann stated it was the first week of soccer and outdoor athletics. He expressed excitement to see kids playing outside. Mayor Regan Gonzalez also attended the Wood Lake Nature Center event and how wonderful it was to hear how it has supported the well-being of residents during the pandemic. She is looking forward to what the next 50 years will bring including a new building. Item #8 ADJOURNMENT The meeting was adjourned by unanimous consent at 7:34 p.m. Date Approved: May 25, 2021 Maria Regan Gonzalez Mayor Kelly Wynn Katie Rodriguez Administrative Assistant City Manager AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.A. STAFF REPORT NO. 74 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/18/2021 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider appr oval of a bid tabulation and awar d of contract to Corrective Asphalt Materials, L L C for the 2021 Maltene P avement R ejuvenation P roject in the amount $497,200.00, and authoriz e the City Manager to approve contract changes under $175,000 without further C ity Council consideration. E X E C UT IV E S UM M ARY: Pavement Preservation Program I n 2018, the City initiated a thorough pavement preservation and maintenance program for streets that follows the residential mill and overlay program. The intent is to preserve the new road surfac e and further extend pavement life in an effort to preserve the City's investment in Richfield streets. The maintenance program inc ludes: Maltene Pavement Rejuvenation or Reclamite application (1-3 years following mill and overlay ) Crack Sealing (1-3 years following mill and overlay ) Sealcoat or other application (7-10 years following mill and overlay) This year's Rec lamite applic ation will be performed on the streets that were resurfac ed in 2019 and 2020. Bids for the project were opened on April 29th, 2021. Corrective Asphalt Materials, LL C was the only bidder, with a bid of $497,200.00. The Preservation P rocess After paving, asphalt settles and dries out causing surfac e voids to form that allow water into the pavement and ultimately lead to cracking and other forms of pavement failure. Maltene based pavement rejuvenation, using the product known as Reclamite, soaks into these voids to seal them. T his process gives the asphalt more durability and flexibility, and results in longer pavement life. RE C O M M E ND E D AC T IO N: By motion: Appr ove the bid tabulation and awar d of contract to Corrective Asphalt Materials, L L C for the 2021 Maltene P avement R ejuvenation P roject in the amount $497,200.00, and authoriz e the City Manager to approve contract changes under $175,000 without further C ity Council consideration. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT I n S eptember 2014, the Ac celerated Mill and Overlay program was approved in the Five-Year Rec onstruc tion Plan for the purpose of utilizing street reconstruction bonds to finance the work in plac e of spec ial assessments. The bonds are paid down by an inc rease in the electric and gas franc hise fees, effective April 2014. Approximately 85 miles of roadway were milled and overlaid as part of the six y ear program. Maltene based pavement rejuvenation/Rec lamite has been a critic al part of the preservation of the City 's investment in the Ac celerated Mill & Overlay program. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I n 2014, the C ity Council approved an A cc elerated Mill and Overlay program to complete the remaining 85 miles of roads that have not received any major resurfacing sinc e they were constructed. This program also inc ludes the repair of storm and sanitary manholes and catch basins. An inc rease in elec tric and gas franc hise fees was approved in 2013, and enacted in April 2014, to fund the Acc elerated Mill and Overlay program and provide long-term pavement preservation. C.C R IT IC AL T IMIN G ISSU E S: The maltene based pavement rejuvenation should be c ompleted by the fall. Regular preventive maintenance techniques are effective in delaying c ostly street reconstruction projects. D.F IN AN C IAL IMPAC T: One (1) bid was rec eived for the 2021 Maltene Pavement Rejuvenation projec t. The lowest responsive and responsible bid was $497,200.00 submitted by Correc tive Asphalt Materials, LLC. This work is budgeted and funded through the existing franchise fees. E.L E GAL C ON S ID E R AT ION : W hen the amount of purchase is estimated to exc eed $175,000, sealed bids shall be solicited by public notice in the manner and subjec t to the law governing contrac ts or purc hases by the City of Richfield. The advertisement for bid for the projec t was published in the Richfield Sun-C urrent and on the Questcdn.com website on April 15th, 2021. Bid opening was held on April 29th, 2021. A c opy of the bid tabulation is attac hed. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type B id Tab E xhibit CITY OF RICHFIELD, MINNESOTA Bid Opening April 29, 2021 11:30 a.m. 2021 Pavement Rejuvenation Project Bid No. 21-03 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called and it was announced that the purpose of the meeting was to receive; open and read aloud bids for the 2021 Pavement Rejuvenation Project, as advertised in the official newspaper on April 15, 2021. Present: Elizabeth VanHoose, City Clerk Joe Powers, Assistant City Engineer Olivia Wycklendt, Civil Engineer Kari Sinning, Deputy City Clerk The following bids were submitted and read aloud: Bidder’s Name Bond 5% Non- Collusion Intent to Comply Responsible Contractor Certificate Total Base Bid Corrective Asphalt Materials Provided Provided Provided Provided $497,200.00 The City Clerk announced that the bids would be tabulated and considered at the May 25, 2021 City Council Meeting. _______________________ Elizabeth VanHoose, City Clerk AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.B. STAFF REPORT NO. 75 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: A my Markle, Recreation S ervices D irector D E PA RTM E NT D IRE C TOR RE V IE W: A my Markle, Recreation S ervices D irector 5/17/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval for the collaboration with The R ichfield Arts Commission, Mississippi Valley Poets and W r iter s, and the The Cornerstone G roup to install a Poetry W alk around Richfield Lake Park. E X E C UT IV E S UM M ARY: The Mississippi Valley Poets and W riters (MV P &W ) with the support of the Richfield Arts C ommission (RA C) are proposing a joint c ollaboration with the C ity of Ric hfield and The Cornerstone Group to install a Poetry W alk around Ric hfield Lake Park. The theme for all the poems will be nature, and MV P &W will be hosting an internal competition to select the individual poems. The poem loc ations are yet to be determined, but care and c onsideration will be given to the individual poems content and how the physical appearance will blend with the surroundings as well as any impac t on park maintenanc e. There will be 10-12 poems spac ed throughout the park, including several on the public spaces privately owned and maintained by The C ornerstone Group. The C ornerstone Group, RA C and MV P&W will also host an event at the Amphitheater at Lyndale Gardens to mark the installation and help promote the P oetry W alk. The poems will be printed on an 11 inch by 14 inc h metal placard with a graffiti resistant c oating. The picture provided is a moc k-up, the actual signs will not be white but more natural in c olor. They will be mounted on a 4x4 post roughly 4 feet in height. The City of Ric hfield is providing the posts and post installation. MV P&W will provide the plac ards, attach the placards to the posts, and be responsible for any maintenanc e required. Every two years half of the poems will be replaced to provide variety and the opportunity for a range of poets to gain exposure. A nother feature of the placard will be a QR code link to the poet reading their poem as well as a Spanish translation of the poem. RE C O M M E ND E D AC T IO N: By motion: Approve the installation of the Poetry W alk at R ichfield Lake P ar k that will be done in collaboration with The R ichfield Arts Commission, The C ornerstone Gr oup, and the Mississippi Valley Poets and W r iter s. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The C ity of Ric hfield has a strong tradition of supporting public art. Ric hfield’s 2040 Comprehensive Plan c ites public art as ‘an important ingredient’ in c reating quality spaces and community identity. Richfield Lake was primarily used as a storm water holding area until the park area was developed in 1985. The park was originally ac quired by the city in 1955 and features a play ground area and a mile of walking paths around a small lake. The neighborhood surrounding Richfield Lake has undergone significant revitalization in rec ent y ears. As a result of the c ities encouragement of public art for landsc aping in new developments there has been an increase in artwork both publicly and privately funded. The inclusion of a Poetry W alk at Richfield Lake Park, espec ially c onsidering it’s ac cessibility, it’s c onnection to proposed bike routes and it’s loc ation to nearby businesses also fulfills the tenet proposed in the 2040 plan that states that, "public art can play a role in enhanc ing Ric hfield as a destination, a distinc t place within the metropolitan area. Expanding ac cess to the arts enhances the quality of life in Ric hfield." B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): A n open house was c onducted by RA C and MV P&W to gain input from the surrounding residents of Richfield Lake Park. Conc erns were voic ed regarding the appearanc e of the signs, the impac t on wildlife and and the overdevelopment of the park. W e are confident that no wildlife will be impacted by the signs and there will be careful consideration into the sign esthetic and plac ement. Overall the responses were very favorable but the single most mentioned c oncern was that of esthetic s. C.C R IT IC AL T IMIN G ISSU E S: Pending approval, the project partners have identified a potential unveiling at The C ornerstone Amphitheater on Saturday, August 14th. D.F IN AN C IAL IMPAC T: The projec t partners will be developing and paying for the signs, and the City of Richfield would purchase 12 posts @ $15 per post, a total of approximately $180. The labor for installation will be c ompleted by the Ric hfield Public W orks D epartment. E.L E GAL C ON S ID E R AT ION : N/A ALT E R N AT IV E R E C O MME N D AT IO N(S): The C ounc il may consider alternate parks in Ric hfield for the poetry walk installation. The C ounc il may decide not to approve the Poetry W alk at this time. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type S ample of a poetry sign C over Memo AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.C. STAFF REPORT NO. 76 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/18/2021 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the adoption of a resolution authoriz ing Minnesota Department of Transportation Agency Agreement No. 1045363 for Federal Participation in Advance Construction r elated to the 77th Street Underpass P roject. E X E C UT IV E S UM M ARY: Minnesota Department of Transportation (MnD OT) Agency Agreement No. 1045363 for Federal Participation in Advance Construc tion allows MnD OT to act as the C ity's agent in accepting federal aid in c onnection with the 77th Street Underpass Project. T his agreement is for advance construction, because the City wishes to begin construction of the project prior to the year it is designated in the State Transportation Improvement Program (S T IP). T he project will be converted to “real” funds in Federal fiscal years 2022 and 2024 or sooner as funds are available. T his agreement also cancels the agreement for the same project written in 2018. I t is permissible under Federal Highway Administration Procedures to advance c onstruc tion of projects with non-federal funds, with the intent to request federal funding in a subsequent fisc al y ear, if sufficient funding and obligation authority are available. The City will initially use local and state funds in lieu of the federal funds so that the project may proceed prior to the fiscal year designated in the S TI P. RE C O M M E ND E D AC T IO N: By Motion: Adopt the resolution authorizing Minnesota Department of Tr ansportation Agency Agreement No. 1045363 for Federal Participation in Advance Construction r elated to the 77th Street Underpass P roject. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT A nearly identic al agreement was adopted at the D ec ember 11, 2018 City C ounc il meeting. This agreement supersedes and canc els the previously approved agreement and is necessitated due to changes in the project timeline. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I ncreasing c apac ity of the I -494 corridor and the 77th Street crossing of TH 77 are identified in the City's Comprehensive Plan (Chapter 7 - Transportation). C.C R IT IC AL T IMIN G ISSU E S: The agreement with MnD OT needs to be completed to stay on track for start of c onstruc tion in Summer 2021. D.F IN AN C IAL IMPAC T: There is no financial impac t to enter into the agreement. E.L E GAL C ON S ID E R AT ION : The City Attorney has reviewed the agreement and will be available at the meeting to address any questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type C over Memo C over Memo MnD OT A gency A greement No. 1045363 C ontract/A greement Resolution Resolution L etter Minnesota Department of Transportation State Aid for Local Transportation 395 John Ireland Boulevard, MS 500 Saint Paul, MN 55155 An Equal Opportunity Employer April 20, 2021 Kristen Asher Richfield City Engineer 6700 Portland Avenue Richfield, MN 55423 SUBJECT: SP 157-108-035,157-594-002 and 2758-82, STPF 2719(097) Richfield Parkway and associated improvements in the area of 77th Street MnDOT Contract Number 1045363 Dear Ms. Asher: Attached is a copy of the agency agreement between the City of Richfield and MnDOT, which allows for MnDOT to act as the City’s agent in accepting federal aid in connection with the above referenced project. This agreement is for Advance Construction, because you wish to begin construction of the project prior to the year it is designated in the STIP. The project will be converted to “real” funds in Federal fiscal years 2022 and 2024 or sooner as funds are available. This agreement also cancels the agreement for the same project written in 2018. Please review and if approved, please sign. A City Council resolution similar to the example attached, must be passed. The certified resolution should then be placed as the last page of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/title) on the signature page. Please return a copy of the agreement to olga.kruglova@state.mn.us for MnDOT signatures. A fully executed copy will be returned to you. If you have any questions or need any revisions, please feel free to contact me at Lynnette.roshell@state.mn.us . Sincerely, Lynnette Roshell, PE Project Development Engineer Enclosures Cc: Dan Erickson —DSAE Cindy Degener—Finance File MnDOT Contract No. 1045363 Updated February 22, 2018 1 STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION State Project Number: 157-108-035,157-594-002 and 2758-82 FAIN Number: STPF 2719(097) This agreement is entered into by and between the City of Richfield (“Local Government”) and the State of Minnesota acting through its Commissioner of Transportation (“MnDOT”). RECITALS 1. MnDOT Contract Number 1029995 which has been executed between the Local Government and MnDOT, appoints MnDOT as the Local Government’s agent to receive and disburse transportation related federal funds, and sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the Local Government; and 2. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local Government's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the “Project”; and 3. The Local Government is proposing a federal aid project to construct 0.36 miles of new roadway connection 77th Street to Longfellow Avenue as well as new bridges and ramps for Trunk Highway 77 and Interstate 494, hereinafter referred to as the “Project”; and 4. The Project is eligible for the expenditure of federal aid funds and is programmed in the approved federally approved STIP for the fiscal year 2022 and 2024, and is identified in MnDOT records as State Project 157-108- 035,157-594-002 and 2758-82, and in Federal Highway Administration (“FHWA”) records as Minnesota Project STPF 2719(097); and 5. The Local Government desires to proceed with the construction of the project in advance of the year it is programmed for the federal funds; and 6. It is permissible under Federal Highway Administration procedures to perform advance construction of eligible projects with non-federal funds, with the intent to request federal funding for the federally eligible costs in a subsequent federal fiscal year(s), if sufficient funding and obligation authority are available; and 7. The Local Government desires to temporarily provide Local Government State Aid and/or other local funds in lieu of the federal funds so that the project may proceed prior to the fiscal year(s) designated in the STIP; and 8. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS 1. Term of Agreement 1.1. Effective Date. This agreement will be effective upon execution by the Local Government and by MnDOT Contract No. 1045363 2 appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. 1.2. Execution of this agreement cancels agreement number 1032616, which was previously executed for this project. Agreement 1032616 is not longer valid due to project issues which delayed the proposed project timeline. 2. Local Government’s Duties 2.1. The Local Government will perform all of its duties and obligations in MnDOT Contract Number 1029995, which is incorporated herein by reference, in the solicitation, letting, award, and administration of the construction of the Project. 3. MnDOT’s Duties 3.1. MnDOT will perform all of its duties in accordance with MnDOT Contract Number 1029995, which is incorporated herein by reference. 3.2. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. 3.3. MnDOT will request the conversion of the Project to federal funding of eligible costs, when funding and obligation authority are available. 3.4. At such time that the project is converted to federal funding and such funding is received by MnDOT, MnDOT will reimburse to the Local Government the federal aid share of the federally eligible costs, previously provided by the Local Government. Reimbursement for Local Government State Aid funds used in lieu of federal funds, will be deposited in the Local Government‘s State Aid Account. Reimbursement for other Local Government funds used in lieu of federal funds will be forwarded to the Local Government. 4. Time 4.1. The Local Government must comply with all the time requirements described in this agreement. In the performance of this agreement, time is of the essence 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement (“end date”). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT, twenty four months prior to the end date. 5. Payment 5.1. It is estimated that the total cost of the Project is $ 17,600,000. The remaining share will be paid by the Local Government. 5.1.1. Of these Surface Transportation Program Flexible funds, $2,800,000 is available in federal fiscal year 2022. 5.1.2. Of these Surface Transportation Program Flexible funds, $4,200,000 is available in federal fiscal year 2024. 5.2. The Local Government will pay any part of the cost or expense of the work that the FHWA does not pay. 5.3. Request for reimbursement of the federal aid share of the federally eligible costs can be made any time after the work is completed, however payment may not be made until after October 1, 2021 for federal fiscal year 2022 and October 1, 2023 for federal fiscal year 2024. It could be earlier if funding and obligation authority are available (subject to the Area Transportation Partnership (ATP) policy). MnDOT Contract No. 1045363 3 5.4. The Local Government will make requests for reimbursement in accordance with the payment provisions in MnDOT Contract Number 1029995, which is incorporated by reference, and will comply with the requirements of 2 CFR Part 200. 6. Authorized Representatives 6.1. MnDOT's Authorized Representative is: Name: Angela Murphy , or her successor. Title State Aid, Federal Plans Engineer Phone: 651-366-3826 Email: angela.murphy@state.mn.us MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and the authority to accept the services provided under this agreement. If the services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2. The Local Government’s Authorized Representative is: Name: Kristen Asher , or her successor. Title: Public Works Director Phone: 612-861-9795 Email: kasher@richfieldmn.gov If the Local Government’s Authorized Representative changes at any time during this agreement, the Local Government will immediately notify MnDOT. 7. Assignment Amendments, Waiver, and Agreement Complete 7.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 7.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 7.3. Waiver. If MnDOT or the Local Government fails to enforce any provision of this agreement, that failure does not waive the provision or the right of MnDOT or the Local Government to subsequently enforce it. 7.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5. Severability. If any provision of this Agreement or the application thereof is found invalid or unenforceable to any extent, the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 8. Liability and Claims 8.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. MnDOT Contract No. 1045363 4 8.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent for acceptance and disbursement of federal funds, and not as a principal or co-principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The Local Government’s indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. 9. Audits 9.1. Under Minn. Stat. § 16C.05, Subd.5, the Local Government’s books, records, documents, and accounting procedures and practices of the Local Government, or other party relevant to this agreement or transaction, are subject to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 9.2. All requests for reimbursement are subject to audit, at MnDOT’s discretion. The cost principles outlined in 2 CFR 200.400-.475 will be used to determine whether costs are eligible for reimbursement under this agreement. 9.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government’s fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 200. 10. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 11. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Local Government’s employees and agents will not be considered MnDOT employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT’s obligation or responsibility. 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have MnDOT Contract No. 1045363 5 not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 13.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if: 13.3.1. Funding is not obtained from the Minnesota Legislature; or 13.3.2. Funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT’s receiving that notice. 13.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 15. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s contract award on this Project. 16. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 17. Appendix II 2 CFR Part 200 Federal Contract Clauses. The Local Government agrees to comply with the following MnDOT Contract No. 1045363 6 federal requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third party contractors, as applicable. In addition, the Local Government shall have the same meaning as “Contractor” in the federal requirements listed below. 17.1.1. Remedies. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 17.1.2. Termination. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 17.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 17.1.4. Davis-Bacon Act, as amended. (40 U.S.C. 3141-3148) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 17.1.5. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701-3708) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to MnDOT Contract No. 1045363 7 construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 17.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 17.1.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued under the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 17.1.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 17.1.9. Byrd Anti-Lobbying Amendment. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 17.1.10. Procurement of Recovered Materials. See 2 CFR 200.322 Procurement of Recovered Materials. 17.2. Drug-Free Workplace. In accordance with 2 C.F.R. § 32.400, the Local Government will comply with the Drug-Free Workplace requirements under subpart B of 49 C.F.R. Part 32. 17.3. Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances (required by 49 C.F.R. §§ 21.7 and 27.9) are incorporated in the agreement. MnDOT Contract No. 1045363 8 17.4. Federal Funding Accountability and Transparency Act (FFATA). 17.4.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. a. Reporting of Total Compensation of the Local Government’s Executives. b. The Local Government shall report the names and total compensation of each of its five most highly compensated executives for the Local Government’s preceding completed fiscal year, if in the Local Government’s preceding fiscal year it received: i. 80 percent or more of the Local Government’s annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. c. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax qualified. 17.4.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 17.4.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. MnDOT Contract No. 1045363 9 17.4.4. The Local Government will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/ 17.4.5. The Local Government’s failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] MnDOT Contract No. 1045363 10 The City of Richfield Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable articles, bylaws, resolutions or ordinances By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION By: Title: State Aid Engineer Date: COMMISSIONER OF ADMINISTRATION By: Date: Mayor City Manager May 25, 2021 May 25, 2021 RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) AGENCY AGREEMENT NO. 1045363 FOR FEDERAL PARTICIPATION IN ADANCE CONSTRUCTION FOR THE 77th STREET UNDERPASS PROJECT STATE PROJECT NO. 157-108-035; 157-594-002, AND 2758-82; SPTF 2719(097) BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1045363”, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Richfield at a duly authorized meeting thereof held on the 25th day of May, 2021 as shown by the minutes of said meeting in my possession. ______________________ Kari Sinning, Acting City Clerk Notary Public My Commission expires __________ AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.D. STAFF REPORT NO. 78 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: Olivia Wycklendt, C ivil E ngineer D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/18/2021 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/18/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the appr oval of the Small W ireless Facility Collocation Supplemental Agreements with Cellco Partnership d/b/a Verizon W ireless, that set for th the terms and conditions of collocation on wireless support structur es within C ity right-of-way. E X E C UT IV E S UM M ARY: State legislation was passed in 2017 that established statewide requirements for c ities to allow wireless companies to install small c ell facility networks in the public right-of-way. The small cell fac ility networks are commonly known as "small cell wireless" equipment and distributed antenna sy stems. Although the legislation limited many actions the City c an take to control the plac ement of the small cell facilities in the public right-of-way, it did allow for the C ity to enac t a permitting process for the fac ilities. City Council approved amendments to the right-of-way ordinance (C ity Code Sec tion 802) in 2017 to provide additional controls and management if small c ell wireless c ompanies c hoose Richfield as an installation site. The c ode amendment inc luded the following requirement for a Small W ireless Facility Agreement: A smal l wi rel ess facil ity shall onl y be coll ocated on a smal l wirel ess support structure owned or control led by the city, or any other ci ty asset i n the right-of-way, after the appl i cant has executed a standard smal l wi reless faci l i ty coll ocation agreement wi th the ci ty. The agreements under c onsideration are required as stated in the Small W ireless Fac ility C ollocation Agreement between the City and Cellc o Partnership d/b/a Verizon W ireless, signed March 24, 2020. This supplement dic tates what spac e is leased by the City to C ellc o 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. The City has reviewed and approved small cell permit applications for each of the supplemental agreements being approved at this time. Supplemental agreements being approved at this time are for the following locations: 6420 Lyndale Ave S 6301 P leasant Ave S RE C O M M E ND E D AC T IO N: By motion: Approve the Small W ireless Facility Collocation Supplemental Agreements with Cellco Partnership d/b/a Verizon W ireless, that set for th the terms and conditions of collocation on wireless support structur es within C ity right-of-way. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT W ireless and cellular service providers are looking for solutions to provide better and more reliable service to c ustomers. One method of enhancing service is to install "small c ell" 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 C ity of Ric hfield adopted an ordinance on September 12, 2017 amending C ity Code Section 802 enac ting an agreement and permitting proc ess for small cell facilities within City right-of-way. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Sec tion 802 of the Ric hfield City Code depicts the C ity's c urrent prac tices 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 c onsideration of small c ell wireless technology. C.C R IT IC AL T IMIN G ISSU E S: The attac hed supplemental agreements must be in plac e before the City c an permit small cell fac ilities c ollocated on existing right-of-way support features. D.F IN AN C IAL IMPAC T: The City is allowed to c harge fees on the permit review as well as charge rent for fac ilities loc ated in the right-of-way and on C ity-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. ALT E R N AT IV E R E C O MME N D AT IO N(S): P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Wolverine 1 A greement C ontract/A greement Wolverine 7 A greement C ontract/A greement Verizon Node: MN MIN RICH WOLVERINE 1 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 6301 Pleasant Ave S , 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 MIN MN MIN RICH WOLVERINE SC1 6301 PLEASANT AVENUE SOUTH W E W NORTH MIN MN MIN RICH WOLVERINE SC1 6301 PLEASANT AVENUE SOUTHPLEASANT AVE S.(PUBLIC R.O.W.)W. 63RD ST. (PUBLIC R.O.W.) Verizon Node: MN MIN RICH WOLVERINE 7 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 6420 Lyndale Ave. S, 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 MIN MN MIN RICH WOLVERINE SC7 6420 LYNDALE AVENUE SOUTH S NORTH MIN MN MIN RICH WOLVERINE SC7 6420 LYNDALE AVENUE SOUTH L Y N D A L E A V E . S .(PUBLIC R.O.W.) AGENDA SECTION:CONSENT CALENDAR AGENDA ITEM #2.E. STAFF REPORT NO. 79 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: S cott K ulzer, A dministrative A ide/A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K ristin A sher, P ublic Works D irector 5/19/2021 O TH E R D E PA RTM E NT RE V IE W: N/A C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the adoption of a resolution authoriz ing Cooperativ e Construction Agree me nt No. 1032757 between the City of Richfield and the State of Minnesota Department of Transportation (MnD O T) for construction of the 77th Street Underpass Project. E X E C UT IV E S UM M ARY: Cooperative Construction Agreement The Cooperative C onstruc tion Agreement up for consideration is a routine agreement between the City and MnD OT that sets out the terms, c onditions and obligations of each party as it relates to the 77th Underpass Projec t. Cooperative construction agreements are common when infrastructure projec ts involve multiple agencies or jurisdic tions. I n addition to the routine terms inc luded in this cooperative agreement, the following items are added as part of this spec ific project: The State will provide c onstruc tion engineering as a c ontribution to the projec t on all aspec ts of the construc tion, however, the City will reimburse the State for c onstruction engineering c osts associated with non-trunk highway related items (i.e., city utility replac ement, park grading). Maintenanc e terms are outlined that include the C ity taking on maintenanc e of all non-trunk highway related items. There is a joint powers agreement with the Metropolitan A irports C ommission that conveys maintenanc e related items on their side of TH77 to the MA C. Maintenanc e costs related to a pond within the NE loop of the highways will be shared between the State and the C ity. Project Backgr ound Consistent with City C ounc il direction, the Capital I mprovement Plan (C I P), and the C ity's C omprehensive Plan, staff is working towards the construction of the 77th Street Underpass I mprovements Projec t. The 77th Street underpass will connec t 77th S treet east and west of Trunk Highway (TH) 77 (C edar Avenue) to eliminate a gap in the minor reliever network. The projec t will c onnect Bloomington and Longfellow Avenues and address regional traffic issues on the I -494 corridor through Ric hfield and Bloomington. C onstruc tion will commence in summer 2021 be ongoing 2022, with final c ompletion in October 2023. RE C O M M E ND E D AC T IO N: By Motion: Adopt the resolution authorizing C ooperative Construction Agr eement No. 1032757 between the City of R ichfield MnD O T for constr uction of the 77th Street Underpass Project. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT See executive summary B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): I nc reasing c apac ity of the I -494 c orridor and construction of the 77th Street Underpass are identified in the City 's Comprehensive P lan (Chapter 7 - Transportation). The c onstruc tion of the 77th Street Underpass is identified in the C ity's C apital I mprovement Plan and 5-Year Street Reconstruction Plan. The resolution authorizing execution of this agreement is required by MnD OT. C.C R IT IC AL T IMIN G ISSU E S: The advertisement for bids for the projec t was published in the Sun C urrent and on Quest C D N on May 20, 2021. This agreement with MnD OT must be signed by the City before bids c an be opened on J une 17, 2021. D.F IN AN C IAL IMPAC T: There is no financial impac t to enter into the agreement. E.L E GAL C ON S ID E R AT ION : The City Attorney has reviewed the agreement and will be available at the meeting to address any questions. ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type C over Memo C over Memo C oop. C onstruction A greement #1032757 C ontract/A greement E xhibit A - S urface Item Maintenance E xhibit E xhibit B - D rai nage E xhibit E xhibit E xhibit C - F unding L ayout E xhibit M A C J PA Mai ntenance L ayout B ackup Materi al Office of State Aid – Metro District 1500 West County Rd B2 Roseville, MN 55113-3174 jason.radde@state.mn.us 651-234-7772 May 4, 2021 Kristin Asher Public Works Director City of Richfield 1901 East 66th St Richfield MN 55423 RE: Proposed Cooperative Construction Agreement No. 1032757 Between the City of Richfield and the State of Minnesota SP 2758-82 (TH 77=279) TH 77 at 77th Street in the City of Richfield SP 157-108-035 & 157-594-003 Dear Kristin: Transmitted by email is a proposed agreement with the City of Richfield. This agreement provides for a underpass under TH 77 connecting Bloomington Ave S and Longfellow Ave along 77th St. Please present this agreement to the City Council for their approval and execution. Given the current circumstances, we are processing documents with digital signatures. Please have the relevant digital signatures affixed to the attached pdf, and return it to me by email. Also required is a pdf copy of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf, again with the relevant digital signatures. A suggested form of such resolution is also attached. Mote that the Minnesota Department of Transportation, as authorized by Minn. Stat. Ch. 13, will provide, upon request, data that may be classified as other than public. MnDOT requests that the data only be used for the purpose of partnering with MnDOT. Specifically, the data provided by MnDOT, should not be used by local officials making decisions to which the data pertains. The not public data is not for public consumption and requests for the data should be submitted to MnDOT’s Data Practices unit (https://www.dot.state.mn.us/information/datapractices/index.html). It is MnDOT’s goal to provide appropriate information to our partners to assist them in their evaluation of projects and the deliberation may require data that is classified as other than public. See the attached sheet for suggestions regarding use of digital signatures. Please return the digitally signed copies of the agreement and resolution to me once they have been executed by the City. An electronic copy will be returned to the City when fully executed. Kristin Asher May 4, 2021 Page 2 Please contact me if you have any questions or additional comments. Sincerely, Jason Radde Cooperative Agreement Project Manager Metro District State Aid Attachments: Proposed Agreement Resolution ecopy: Malaki Ruranika, MnDOT-Municipal Agreements Dana Myers, MnDOT-Municipal Agreements April Crockett, MnDOT-Metro Program Delivery Andrew Lutaya, MnDOT-Metro Program Delivery Eric Lauer-Hunt, MnDOT-Metro Traffic Engineering Greg Kern, MnDOT-Metro Traffic Engineering John Korth, Waters Edge Office, RTMC Building Geoff Prelgo, Waters Edge Office, RTMC Building Colleen Brown, MnDOT-Metro State Aid Julie Dresel, MnDOT-Metro State Aid (LRIP) Greg Asche, MnDOT Construction Rick Reichstadt, MnDOT Construction Joe Powers, City of Richfield Nic Hentges, WSB Michael Nelson-Ostrowski, WSB Project File Tips For Applying Digital Signatures: • The Local Agency resolution should be attached to the pdf before digital signatures begin. Remove the included “suggested form” resolution and replace it with your own version. • Changes cannot be made to the pdf after the signature process begins, including the addition of pages. Digital signatures get removed if subsequent changes are made. (Printing as a pdf is a workaround, although this “fixes” the signature and removes the digital verification.) • Do not lock/secure the pdf after digitally signing, otherwise future signatures are prevented. (Print to pdf is a workaround) • It is suggested that digital signatures should happen after any wet signatures to keep digital signatures “validated.” (Print to pdf is a workaround) • Digital signatures must happen sequentially on the same pdf, • With some programs that allow digital signatures, such as DocuSign, the document gets locked and we cannot use the “print to pdf” technique for a workaround. Please contact us if you have any questions. MnDOT Contract No.: 1032757 -1- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2758-82 Trunk Highway Number (T.H.): 77=279 State Project Number (S.P.): 157-108-035 State Project Number (S.P.): 157-594-003 Federal Project Number: STPF 2719(097) City Project Number: 413000 Bridge No.: 27R35, 27R36 Bridge No.: 27R37, 27R38 Lighting System Feed Point: "A", "B", and "C" Retaining Wall No.: 1, 2, 4, and 5 Noise Wall No.: 2 Original Amounts Encumbered $4,000,000.00 Federal Aid Funds $3,200,000.00 State Match to Federal Aid Funds $800,000.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Richfield acting through its City Council ("City"). Recitals 1. The City will perform grading, bituminous surfacing, retaining walls, noise walls, ADA improvements, lighting, Traffic Management Systems (TMS), Bridge No. 27R35, No. 27R36, No. 27R37, No. 27R38, and Temporary Bridge No. 99208 construction and other associated construction upon, along, and adjacent to Trunk Highway No. 77 located on 77th Street East between Bloomington Avenue South and Longfellow Avenue; located on Trunk Highway No. 77 between 100 Feet north of Trunk Highway No. 494 and 1,520 Feet north of Trunk Highway No. 494 according to City-prepared plans, specifications, and special provisions designated by the City as City Project No. 413000, by the City and State as State Project No. 157-108-035, No. 157-594-003, and by the State as State Project No. 2758-82 (T.H. 77=279) ("Project"); and 2. The City requests the State participate in the costs of the grading, bituminous surfacing, bridge approaches, noise wall, storm sewer, and lighting construction and the State is willing to participate in the costs of said construction; and 3. The State will provide construction engineering as a contribution to the Project. Master Partnership Agreement No. 1032684W04 between the State, the City, and in addition to this Agreement, will address the construction engineering and associated costs that will be reimbursed by the City to the State for non- trunk highway eligible construction; and 4. The State and City will share major maintenance costs for the Northeast Loop Pond based on contributing flow as outlined in this Agreement; and 5. The Federal-Aid funds available to the State for the construction contract are capped upon award of the construction contract and will be paid to the City through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and MnDOT Contract No.: 1032757 -2- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) 6. The State Federal-Aid funds will be paid to the City, up to a capped amount, under the Delegated Contract Process on a reimbursable basis after expenses have been incurred, as set forth in this Agreement; and 7. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205; and 8. Since a portion of the Project is on the National Highway System (NHS) Right-of-Way, the State will perform oversight engineering of that portion of the Project in connection with the construction as required by the Stewardship Plan between the Federal Highway Administration (FHWA) and the State, dated May 2015, to ensure that the Federal-Aid Highway Program is delivered consistent with applicable laws, regulations, and policies and any construction activity undertaken on or affecting the State Trunk Highway system is designed and constructed in accordance with the laws and rules of the State of Minnesota and policies of the Department of Transportation; and 9. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the State Trunk Highway system, and local road improvements connecting to the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 9. Liability; Worker Compensation Claims; Insurance; 12. State Audits; 13. Government Data Practices; 15. Governing Law; Jurisdiction; Venue; 17. Force Majeure; and 18. State Bond Financed Property Restrictions. 1.4. Plans, Specifications, and Special Provisions. State-approved City plans, specifications, and special provisions designated by the City as City Project No. 413000, by the City and State as State Project No. 157-108-035, No. 157-594-003, and by the State as State Project No. 2758-82 (T.H. 77=279) are on file in the office of the City's Engineer and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. The Preliminary Schedule "I", Exhibit "A" – Surface Item Maintenance, Exhibit "B" – Drainage Maintenance, and Exhibit "C" –Funding Layout are attached and incorporated into this Agreement. 1.6. Recitals. Recitals 1-9 above are hereby incorporated into this Agreement. 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy State Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the Project, administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this Project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or MnDOT Contract No.: 1032757 -3- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the State Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The State may require the City (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its State Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 2.5. Utility Relocation. The State authorizes the City to issue Notices and Orders for utility relocation in accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. 3. Contract Award and Construction 3.1. Bids and Award. The City will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Documents Furnished by the City. The City will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City will not award the construction contract until the State advises the City in writing of its concurrence. 3.3. Rejection of Bids. The City may reject, and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. MnDOT Contract No.: 1032757 -4- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) 3.4. Contract Terms. The City's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third-party beneficiary of the contract with respect to the portion of work performed on the State's Right-of-Way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the State Trunk Highway, will flow to, and be enforceable by, the State as the owner of such improvements. 3.5. Direction, Supervision, and Inspection of Construction. The contract construction will be under the direction of the City; however, the City will utilize the services of a registered professional engineer, to be furnished by the State without cost or expense to the City for State Trunk Highway eligible items, to perform the construction engineering in connection with said contract construction. Provision of such services will not be deemed to make the State a principal or co-principal with respect to liability regarding the contract construction. The City will give the State Aid Engineer at Roseville five days' notice of its intention to start the contract construction. 3.6. Performance of Construction Engineering. The State will perform the construction inspection and material inspection for the Project per Master Partnership Agreement No. 1032684W04 according to the Project Plans in the manner currently used by the State and according to the following: A. The State will provide all labor, equipment, and materials necessary to perform the construction inspection and material inspection for the contract. B. The State's engineer assigned to the contract construction will perform all inspection, control of materials, and associated documentation for the contract construction. C. At regular intervals after the City's contractor has started the construction, the State will prepare partial estimates of construction costs according to the terms of the construction contract. Immediately after the preparation of each partial estimate, the State's engineer assigned to the contract construction will submit the partial estimate to the City. The State will also prepare the final construction cost data for the contract construction and submit the final construction cost data to the City. The City will be responsible for making payments to the contractor based on the partial estimates and final cost certified by the State's engineer. D. City and State concurrence must be obtained before the State authorizes change orders that significantly increase their cost. The City will concur with, or object to, authorization of additional work within a reasonable amount of time of notification by the State that additional work is deemed necessary. E. All changes in the Project Plans and all addenda and change orders must be approved by the State District Engineer's authorized representative. All changes that result in increased costs to the City must be approved by the City in the manner provided for in its Charter and Ordinances enacted pursuant thereto. 3.7. Performance of Oversight Engineering. A. The State will perform oversight engineering on that portion of the Project involving the construction of Bridge No. 27R35, No. 27R36, No. 27R37, and No. 27R38 on the State's Trunk Highway Right-of-Way as required by the FHWA Stewardship Agreement pertaining to work by local agencies on the NHS. MnDOT Contract No.: 1032757 -5- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) B. Oversight engineering will consist of the following items which impact the NHS: i. Review, approve, and provide concurrence of all change orders that pertain to the work on the Interstate Right-of-Way; and ii. Review of documented inspection and materials testing; and iii. Periodic construction inspections; and iv. Review traffic control; and v. Periodically attend weekly meetings; and vi. Review contractor's schedules; and vii. Review/approval of any closures of lanes on the Interstate; and viii. Any other oversight engineering duties required by the FHWA and/or the State. 3.8. Contaminated Soils and Groundwater within the State's Cost Participation Limits. A. 24 Hour Notification. The City will notify the State District Engineer's authorized representative a minimum of 24 hours prior to the contractor beginning the excavation and removal of any contaminated soils that have been identified within the Project limits. B. Immediate Notification. The City will notify the State District Engineer's authorized representative immediately upon the contractor encountering contaminated soils and/or groundwater in areas that are within the Project limits. The City will confer with the State as to the handling, disposal, and any other issues related to contaminated materials found on State Right-of-Way or import of materials onto State Right-of-Way. C. Environmental Consultant. The City will provide for an Environmental Consultant to be on site to observe and document the excavation, handling and disposal of contaminated soils that have been identified within the Project limits. If the contractor encounters contaminated materials in areas not previously identified and upon notification by the City to the State, the City hired Environmental Consultant will be provided to collect and analyze soil and/or groundwater samples to determine contaminant levels, work with the landfill for disposal of the soil waste, and provide oversight of any soil and groundwater handling and disposal. The City will not allow the contractor to excavate any contaminated soil unless the Environmental Consultant is present. 3.9. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.10. Plan Changes. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work orders entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. 3.11. State Furnished Engineering Services. Upon written request from the City, the State may furnish specific engineering or technical services, pursuant to Minnesota Statutes § 161.39. Such services may be requested and are covered by other technical services agreements related to this Agreement. The City will pay the State to reimburse the State Trunk Highway Fund for the full cost and expense of furnishing such services, upon the State's requests for reimbursement. The costs and expenses will include the current MnDOT Contract No.: 1032757 -6- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Providing such services will not make the State a principal or co-principal with respect to liability regarding the contract construction. 3.12. Compliance with Laws, Ordinances, and Regulations. A. The City will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not require the contractor to follow local ordinances or to obtain local permits. B. City treatment of all public, private, or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way will conform to 23 CFR 645 "Utilities" which is incorporated into this Agreement by reference. 3.13. Construction Documents Furnished by the City. The City will keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders, supplemental agreements, and work orders. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "As Built" plan sent to the State Aid Agreements Engineer. 4. Right-of-Way; Easements; Permits 4.1. The City will obtain all rights-of-way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and State Trunk Highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the State Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. MnDOT Contract No.: 1032757 -7- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) 4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Richfield to be constructed upon and within the State Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application for Utility Permit on State Trunk Highway Right-of-Way" (Form 2525). 4.5. The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. 4.6. Limited Use Permit No. 2758-0208. The City will obtain, through the District's Right-of-Way Area Manager, Limited Use Permit (LUP), currently LUP No. 2758-0208 to cover the City's liability responsibilities of the trails existing and to be constructed upon the State's Right-of-Way. 5. Maintenance by the City Upon completion of the Project, the City will provide the following without cost or expense to the State: 5.1. Roadways. Maintenance of Old Cedar Avenue and 77th Street. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing, seal coating, and any other maintenance activities according to accepted City maintenance practices. Exhibit "A" – Surface Item Maintenance will further define the limits of roadway maintenance. 5.2. Storm Sewers. Routine maintenance of storm sewer facilities construction as shown in Exhibit "B" - Drainage Maintenance. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. Exhibit "B" – Drainage Maintenance will further define storm sewer responsibilities. 5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 5.4. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the State Trunk Highway at ramps which intersect with City roads. 5.5. Trails. Maintenance of any trails construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the trail in a safe and usable condition. Current LUP 2758-0208 will further define the limits and maintenance responsibilities for the trails in State Trunk Highway Right-of-Way. 5.6. Retaining Walls No. 1, 2, 3, 4, and 5. Maintenance of any retaining wall construction. Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, MnDOT Contract No.: 1032757 -8- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) usable, and aesthetically acceptable condition. Retaining Wall No. 3 will be owned and maintained by the City. The State will have no cost or maintenance responsibilities for Retaining Wall No. 3. 5.7. Noise Wall No. 1 and 2. Maintenance of the non-highway side of any noise wall construction. Maintenance includes vegetation control, graffiti removal on the non-highway side, and any other maintenance activities necessary to perpetuate the walls in a safe, usable, and aesthetically acceptable condition. 5.8. Lighting. Maintenance and ownership of any lighting facilities construction as part of this Project excluding lighting on State Trunk Highway ramps under Feed Point No. T3H. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates, and other equipment. The City will be responsible for the hook up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 5.9. Northeast Loop Pond Maintenance. The State will provide maintenance of the Northeast Loop Pond Basins at the time major maintenance is necessary. The City will share in the costs based on the contributing flow percentage of 37.2 and will be billed by Metro Hydraulics. 5.10. Bridge No. 27R35, No. 27R36, No. 27R37, and No. 27R38. Maintenance and repair of said bridge construction. Maintenance and repair includes, but is not limited to, disposal of litter and debris, appropriate disposal of such material, pavement markings, guardrail, and non-structurally supported signing, graffiti removal, and any other maintenance activities necessary to perpetuate said bridges in a safe, usable, and aesthetically acceptable condition. The State will own said bridges and is responsible for inspection and structural maintenance of the bridge, concrete bridge approach panels, headwalls, wing walls, concrete surfacing, abutments, and non- ornamental railings. 5.11. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, Exhibit "B" - Drainage Area, which is on file in the office of the State's District Hydraulics Unit in Roseville and is attached and incorporated into this Agreement 6. State Cost and Payment by the State 6.1. State Cost. The State's cost for grading, bituminous surfacing, bridge approaches, noise wall, storm sewer, and lighting construction is defined in the construction plan and the attached Schedule "I" and is reflective of the Participation Distribution prepared by the Office of State Aid for Local Transportation. A. Federal-Aid Funds and State Match to the Federal-Aid Funds.$3,200,000.00 is the Federal -Aid funded portion and $800,000.00 is the State Match to the Federal-Aid funds of the State construction cost share and will be paid to the City through the State Aid Finance Office under the Delegated Contract MnDOT Contract No.: 1032757 -9- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) Process (State Aid Manual, Chapter 5.3). The Federal-aid funds available to the State and State Match to Federal-aid funds will be capped upon award of the construction contract. 6.2. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the State participation construction shown in Article 6.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the City. The City's contractor is not intended to be and will not be deemed to be a third-party beneficiary of this Agreement. The City's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City by the City's contractor. 6.3. Construction Costs Exceeding Encumbered Amount. Whenever it appears the cost of the State participation construction covered under this Agreement is about to exceed the current amount of encumbered State funds, the City will notify the State District Engineer's authorized representative in writing prior to performance of the additional State participation construction. Notification will include an estimate in the amount of additional funds necessary to complete the State participation construction including construction engineering costs and the reason(s) why the current amount encumbered will be exceeded. The State will, upon its approval of the additional State participation construction, encumber the necessary additional funds. That action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State participation construction covered under this Agreement, but for which the State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City will notify the State District Engineer's authorized representative in writing of the additional State participation construction. Notification will include an estimate in the amount of additional funds necessary to cover the additional State participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State District Engineer's authorized representative approves the additional State participation construction, the City's claim for compensation along with a request for encumbrance of the necessary additional funds will be submitted to the State's Budget Section for review of compliance with Minnesota Statutes § 16A.15, subdivision 3, but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for compensation and the request for encumbrance of the necessary additional funds are approved by the State's Budget Section, that action will have the effect of amending this Agreement so as to include the State's share of the costs of the additional construction. 6.4. Final Payment by the State. Upon completion of all contract construction, the State will prepare a Final Schedule "I" in conjunction with the Delegated Contract Process. The Final Schedule "I" will be based on final quantities and include all State participation construction items cost share covered under this Agreement. If the final cost of the State participation construction exceeds the amount of funds advanced by the State, the State will pay the difference to the City without interest. If the final cost of the State participation construction is less than the amount of funds advanced by the State, the City will refund the difference to the State without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 7. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. MnDOT Contract No.: 1032757 -10- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) 7.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 7.2. The City's Authorized Representative will be: Name, Title: Kristin Asher, Public Works Director/City Engineer (or successor) Address: 1901 East 66th Street, Richfield, MN 55423 Telephone: (612) 861-9795 E-Mail: kasher@richfieldmn.gov 8. Assignment; Amendments; Waiver; Contract Complete 8.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 8.2. Amendments.Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 8.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 8.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Liability; Worker Compensation Claims; Insurance 9.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorney's fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 9.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 10. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. MnDOT Contract No.: 1032757 -11- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) 11. Title VI/Non-discrimination Assurances The City agrees to comply with all applicable United States Department of Transportation (US DOT) Standard Title VI/Non-Discrimination Assurances contained in US DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The City will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of the City’s compliance with this provision. The City must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making City staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 13. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 14. Telecommunications Certification By signing this Agreement, the City certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (August 13, 2018), and 2 CFR 200.216, the City will not use funding covered by this Agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The City will include this certification as a flow down clause in any contract related to this Agreement. 15. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 16. Termination; Suspension 16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 16.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be MnDOT Contract No.: 1032757 -12- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance, and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 17. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 18. State Bond Financed Property Restrictions 18.1. State Grant Agreement Relationship to Project. Pursuant to a General Obligation Bond Proceeds Grant Agreement - Construction Grant ("Grant Agreement") to be entered into between the City and State, authorized by Minnesota Laws 2020, 5th Special Session, Ch. 3, Art. 1, Sec. 16, Subd. 12, and Minnesota Laws 2015, First Special Session chapter 5, article 1, section 10, subdivision 7, as amended by Laws 2017, First Special Session chapter 8, article 2, section 32, the City is providing funding for the Project within the area shown in purple and pink and as shown in Exhibit "C" – Funding Layout ("Area"), using State of Minnesota general obligation bond proceeds issued under Article XI, Section 5 (a) of the Minnesota Constitution ("GO Bonds"). The use of the GO Bonds proceeds and the City 's use of the Project are further subject to the restrictions, obligations and terms imposed under the Grant Agreement. Portions of the Project are funded by GO Bonds, are not needed for the State Trunk Highway, and are therefore not part of MnDOT's Trunk Highway System. City and State acknowledge that due to the use of GO Bonds to fund the Project, the Commissioner of Minnesota Management and Budget ("MMB") has certain rights in the Project as set forth in the Grant Agreement. The State's interest under the Grant Agreement extends for 37.5 years, as measured from the date of substantial completion of the Project. City will own the non-trunk highway portions of the Project as the Road Authority pursuant to Minnesota Statutes Chapter 160. 18.2. Modifications, Amendment, Termination. Notwithstanding anything to the contrary in this Agreement, State agrees to provide at least ninety (90) days' notice to the Commissioner of MMB, consult with MMB, and make a good faith effort to obtain the Commissioner of MMB's consent before modifying, restating, amending, changing in any way, prematurely terminating, revoking, or cancelling this Agreement, except in the case of: (1) an emergency as determined in State's sole discretion; or (2) a routine amendment to update Project costs or cost participation as construction proceeds. Notwithstanding anything to the contrary in this Agreement, before State terminates or cancels this Agreement due to City's failure to perform any requirements or obligations under this Agreement, State will give written notice of such failure to City and will allow City thirty (30) days to cure such default to State's satisfaction. Notwithstanding anything to the contrary in this Agreement, State will first demand specific performance by City in the event of City's failure to perform any requirements or obligations under this Agreement (for the avoidance of doubt, this provision does not require State to obtain a court order for specific performance). In the event the Agreement is terminated pursuant to Article 17, the City will pay MMB the bond financed share of the Project as required by the Grant Agreement. MnDOT Contract No.: 1032757 -13- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) The State acknowledges that it has no current plans in the (i) Minnesota State Highway Investment Plan, (ii) Minnesota Capital Highway Investment Plan, and (iii) Minnesota State Transportation Investment Plan that would affect the intended long term use of the Project or require the cancellation of this Agreement. The State will give the City and MMB notice of any foreclosure by a third party of a voluntary or involuntary lien or encumbrance relating to the Project for which State has knowledge. State shall make a good faith effort to obtain the Commissioner of MMB's consent to any mortgage or voluntary lien on its interest in this Agreement before creating such an interest. 18.3. Transfer of Property by the State; Cancellation of Agreement by City. If the State sells or transfers the Area within 37.5 years of the date of substantial completion of the Project, the City will pay MMB the bond financed share of the Project sale as required by the Grant Agreement. If City determines that the Project no longer serves a government purpose, City will notify MMB and pay to MMB the bond financed share of the Project as required by the Grant Agreement. [The remainder of this page has been intentionally left blank] MnDOT Contract No.: 1032757 -14- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: SWIFT Purchase Order: CITY OF RICHFIELD The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. 0 50 FT 100 FT CITY OF RICHFIELD 75TH STREET MNDOT THIS SIDE NOISEWALL MAINTENANCE MNDOT THIS SIDE NOISEWALL MAINTENANCE DATE: MARCH 2021 S.P. 2758-82 (TH 77) S.P. 157-108-035 (77TH STREET) LOOP 1 W MTC ROAD 77TH STREET 17TH AVE S18TH AVE SSurface Item Maintenance Layout 77th Street Improvements RA MP 1F LOOP N W TH 77 NE 76TH ST OLD CEDAR AVELONGFELLOW AVEOLD CEDAR AVE RAMP 1YRAMP 1VRAMP 1HRAMP 1YLOOPTH 77 NW PROP BRIDGE NO.27R37 EXIST BRIDGE NO. 27053RAMP 1H 494 INTERSTATE RAMP 1GMINNESOTA 77 COMMISSION AIRPORTS METROPOLITAN Notes Legend CITY. ABUTMENTS TO BE MAINTAINED BY THE 1) AESTHETICS FOR WALLS AND BRIDGE RICHFIELD PARKWAYW ASHINGTON PARK PROP BRIDGE NO.27R35 PROP BRIDGE NO.27R38 PROP BRIDGE NO.27R36 Maintenance - City of Richfield Maintenance - MnDOT Existing Right of Way Proposed Right of Way Proposed Permanent Easement Proposed Temporary EasementRAMP 1G NO. 27070 EXIST BRIDGE NO.DATE BY CHK Design By: Plan By: Checked By: Approved By: REVISIONS OF SHEETS UNDER THE LAWS OF THE STATE OF MINNESOTA. DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DATE:PATH & FILENAME:11/22/20208:02:52 PMK:\01301-420\Cad\Plan\130142-dp01.dgn360 RICHFIELD, MINNESOTA LICENSE NO.DATE:11/20/2020 City of Richfield, Minnesota 77th Street Underpass 77th Street at Trunk Highway 77 CERTIFIED BY: TAW JDR 44235 LICENSED PROFESSIONAL ENGINEER - EARTH EVANS, PE SHEET EAE EAE S.P. 2758-82 (TH 77), S.P. 157-108-035 E 534170 N 126970 E 533960 N 126365 E 534465 N 126900 M M MM M M MMM M M M M M M M M M10315500505 510 1500 1505 1510 10800 805 13205 G V MH GV MH MH MH MH GV MH MH MH GVGVGVGVMH MH MH MHMH MH DI MH MH MH MH DI DI DI D I DI D I DI DI DI DI D I D I D I D I DI DI DI DI DI 5018 5001 ELEV. 821.51 STA. 504+79.46 LOW POINT 77TH STREET EB ELEV. 823.13 STA. 508+49.58 HIGH POINT 77TH STREET EB ELEV. 821.53 STA. 1504+78.82 LOW POINT 77TH STREET WB ELEV. 823.06 STA. 1508+30.31 HIGH POINT 77TH STREET WB ELEV. 819.82 STA. 10+93.79 LOW POINT RICHFIELD PARKWAY WARNING!HILLSLEDDING0 100 SCALE IN FEET 50 77TH ST DRAINAGE PLAN 254STA. 511+00 SEE SHEETMATCH LINE 77TH ST EB25577TH ST. EB STA 503+34.09 TO 77TH ST. EB STA 511+00.00 100 105 107 200300301 STA 102+77.67 FRONTAGE RD BEGIN CONSTRUCTION STA 16+19.05 RICHFIELD PKWY END CONSTRUCTION R/W 5018A 5020A 5020B 5027A 5051 5050 5032 5033 5030 5031 5029 5028 5023 5024 5025 5026 5027 502050195018 5017 5016 5015 5014 5001 5000 5005 5006 5007 5012 5011 5010 5008 5009 5013 5603 5602 STORM SEWER CONNECT TO EXISTING (2) STORM SEWER EXISTING CONNECT TO STORM SEWER CONNECT TO EXISTING 5020C { FRONTAGE ROAD { RICHFIELD PKWY { 77TH ST WB { 77TH ST EB 14' 13' 13' 14' 13' 12' 12' 13' 13' 12' 23' 13'13'23'16' LANE13' 13' VARIES RIGHT OF WAY MAP. OF WAY PLOTS AND ARE IDENTIFIED ON THE ARE LOCATED BY REFERENCE TO THE RIGHT EXACT RIGHT OF WAY AND BOUNDARY CORNERS GEOMETRIC DESIGN AND MAP DATA. THE GRAPHICAL LOCATION WITH RESPECT TO THE ON THE CONSTRUCTION SHEETS GIVES A THE RIGHT OF WAY AND EASEMENTS SHOWN FOR QUESTIONS, CONCERNS OR ISSUES. DEAN NICHOLAS 612-321-5561 PLEASE CONTACT AND UTILITIES PLAN SHEETS FOR MORE DETAILS. REFER TO UTILITY TABULATIONS & IN-PLACE TOPOGRAPHY EXERCISE CAUTION DURING EXCAVATION ACTIVITIES. 20" STEEL HIGH PRESSURE GAS MAIN EXISTS ON PROJECT STA 10+40.06 RICHFIELD PKWY STA 1509+89.22 77TH ST WB 1 1 1 1 5020D 5519 5012A 5021 5034 5035 5918 5914 5915 5916 5910 5909 5913 5912 5911 5917 5919 5920 5908 5907 5921 5904 5902 5901 5900 5604 SEE SHEETS - . DETENTION SYSTEM DRAINAGE STRUCTURE CONNECT INTO EXISTING STORM SEWER (2) CONNECT TO EXISTING 5002 DRAINAGE STRUCTURE (2) CONNECT INTO EXISTING 5924 5925 5922 5923 { TRAIL 2 { TRAIL 3 { TRAIL 1 5926 (INCIDENTAL) PLUG PIPE - FIELD VERIFY (2) STORM SEWER EXISTING CONNECT TO 6018 6019 FIELD VERIFY EXISTING STORM SEWER CONNECT TO 1 1 1 1 PLACE AT BOTTOM OF SUBGRADE TRANSVERSE DRAINTILE R/W 259258 LEGEND APRON STRUCTURE NO. STORM SEWER PIPE DRAINAGE DIRECTION DRAINTILE CATCH BASIN RIPRAP 272 179 260 270 0000 MH MANHOLE MH INPLACE MANHOLE INPLACE CATCH BASIN INPLACE STORM SEWER PIPE GUIDE POST TYPE B 181 SEWER PIPE INPLACE SANITARY 271 INPLACE WATERMAIN PIPE 1 151 153 IS INCIDENTAL DRAIN INTO DRAINAGE STRUCTURE CONNECTION OF 4" PERF PE PIPE NOTES: SANITARY SEWER PIPE WATERMAIN PIPE 281 INPLACE TOPOGRAPHY & UTILITIES PLAN 6. SEE SHEETS - FOR SUPER ELEVATION 5. SEE SHEETS - FOR DRAINAGE DETAILS 4. SEE SHEETS - FOR CONSTRUCTION COORDINATE STORM SEWER PLAN AND SPECIFICATIONS TO 3. SEE STAGING AND TRAFFIC CONTROL TABULATION 2. SEE SHEET FOR THE CASTING TABULATIONS DRAINAGE STRUCTURE AND PIPE 1. SEE SHEETS - FOR GENERAL NOTES: CITY OF RICHFIELD BLOOMINGTON AVE76TH STREET 77TH STREET EB STA. 503+34.09 (1H)NW RAMP WARNING BEGIN S.P. 157-108-035 PARK PLANS)(SEE WASHINGTONWASHINGTON PARKWARNING WARNING WARNING 0 100 SCALE IN FEET 50 255 77TH ST DRAINAGE PLANMATCH LINE 77TH ST EBSTA. 511+00 SEE SHEET 25477TH ST. EB STA 511+00.00 TO 77TH ST. EB STA 522+70.76 MAC AIRPORT NO.DATE BY CHK Design By: Plan By: Checked By: Approved By: REVISIONS OF SHEETS UNDER THE LAWS OF THE STATE OF MINNESOTA. DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DATE:PATH & FILENAME:11/22/20208:02:53 PMK:\01301-420\Cad\Plan\130142-dp02.dgn360 RICHFIELD, MINNESOTA LICENSE NO.DATE:11/20/2020 City of Richfield, Minnesota 77th Street Underpass 77th Street at Trunk Highway 77 CERTIFIED BY: TAW JDR 44235 LICENSED PROFESSIONAL ENGINEER - EARTH EVANS, PE SHEET EAE EAE S.P. 2758-82 (TH 77), S.P. 157-108-035 E 535560 N 127110 E 535435 N 126345 E 534910 N 126710 M M M M M M M M M ABANDONED SAN.M11011111211329029529810111213141517 515 520 1515 1520 90951290129012951295290292293294295296297929394959618 517 1517 19 MH MH MH MH MH MH MH MH MH GV GV GV MHMHMH MHDI MHMHMHDIMH MH MH DI DI MHMH2 3 4 5 6 7 8 9 10 11 DRAINAGE STRUCTURE & RECONSTRUCT PLACE CASTING (STM SEWER) PRO. PERM ESMT INP. R/W INP. R/W STA 110+06.22 OLD CEDAR AVE END CONSTRUCTION POND MAC EXIST. CONST. LIMITS INP. R/W CASING END PIPE 5205 5204 5203 5202 5701 5702 5703 5704 5705 5706 5707 5708 5709 5501 5502 5503 5504 5512 55085507 5506 5505 5509 5517 5516 5515 5514 5513 5518 5200 5206 5100 STORM SEWER CONNECT TO EXISTING RAMP 1F { 77TH ST WB { 77TH ST EB { RAMP 1G { TH77 NB { TH77 SB { RAMP 1Y { RAMP 1H AVE { OLD CEDAR CITY BOUNDARY 13' 13' 13' 22' 13' 12' 13' 12' 14'BIT TRAIL 13' 12' 23' 13' 6' CONC WALK NO. 27070 INP. BRIDGE NO. 27053 INP. BRIDGE NO 1 RETAINING WALL NO 5 RETAINING WALL NO 3 RETAINING WALL 1 1 1 1 5502A CASING PIPE 54" STEEL BEGIN 6 7 8 9 10 11 5 43 2 PLANS FOR DRAINTILE SEE RETAINING WALL NO 4 RETAINING WALL 5711 5710 STORM SEWER CONNECT TO EXISTING DRAINAGE STRUCTURE CONNECT INTO EXISTING CASTING ADJUST 5501A 5521 5520 5102 TEMP ESMT CONSTRUCTION LIMITS (STM SEWER) PRO. PERM ESMT CONSTRUCTION LIMITS TEMP ESMT 5207 SEE SPEC. (UNDERGROUND) SYSTEM STORAGE STORMWATER STA. 1516+15.39 ELEV. 811.80 77TH STREET WB LOW POINT STA. 516+26.03 ELEV. 811.80 77TH STREET EB LOW POINT STA. 1514+11.35 ELEV. 812.63 77TH STREET WB HIGH POINT STA. 514+22.49 ELEV. 812.64 77TH STREET EB HIGH POINT STA. 1512+59.59 ELEV. 812.07 77TH STREET WB LOW POINT STA. 512+70.32 ELEV. 812.07 77TH STREET EB LOW POINT PROP BRIDGE NO 27R36 PROP BRIDGE NO 27R38 PROP BRIDGE NO 27R37 PROP BRIDGE NO 27R35 IS INCIDENTAL DRAIN INTO DRAINAGE STRUCTURE CONNECTION OF 4" PERF TP PIPE NOTES: 1 LEGEND APRON STRUCTURE NO. STORM SEWER PIPE DRAINAGE DIRECTION DRAINTILE CATCH BASIN RIPRAP 272 179 260 270 0000 MH MANHOLE MH INPLACE MANHOLE INPLACE CATCH BASIN INPLACE STORM SEWER PIPE GUIDE POST TYPE B 181 SEWER PIPE INPLACE SANITARY 271 INPLACE WATERMAIN PIPE 151 153 SANITARY SEWER PIPE WATERMAIN PIPE 281 INPLACE TOPOGRAPHY & UTILITIES PLAN 6. SEE SHEETS - FOR SUPER ELEVATION 5. SEE SHEETS - FOR DRAINAGE DETAILS 4. SEE SHEETS - FOR CONSTRUCTION COORDINATE STORM SEWER PLAN AND SPECIFICATIONS TO 3. SEE STAGING AND TRAFFIC CONTROL TABULATION 2. SEE SHEET FOR THE CASTING TABULATIONS DRAINAGE STRUCTURE AND PIPE 1. SEE SHEETS - FOR GENERAL NOTES: 76TH STREET LONGFELLOW AVELOOP 1 W77TH STREET EB STA. 522+70.76 NO 2 RETAINING WALL WARNING JACKED PIPE END S.P. 157-108-035 C: � � � 0 � I � f! al�.,.!?...., ..�j �15 ""I::::! �"-:::ioll �� NO. \\\\\\ � TH77 NB NE LOOP f POND BEG IN ---/ ------- LIMIT 0 r.'< PRO. PERM ESMT <f'b: CQCSTM SEWER> '-,:JG00-5�-'1 DATE BY CHK. REVISIONS DesignBy: IHEREBYCERTIFYTiiAT THISPLAN WASPREP ARFD BYMEORUNDERMY TH 77 ======l====l===l====ii====================I TA W DIRECT SUPFRYISION Af-"D THAT I AMA DULYLlCE-(SEDPROFESSIONALENGINEER --+--+--+---11-----------------...;-P�fan�B�y,-JD-R---I U NDERTHELAWSOFTHE STATEOFMN'IES Checked By: --+----+--+-----<>----------------� EAE --+--+--+---11------------------1 ApprovedBy: wsb.., EAE DATE: 11/20@20 LICENSE NO. 44235 0::: I I- I V') I t-- 1.0 SCALE IN FEET &•e- 0 50 I 100 \\\\\\ \\\\\\ \\\\\\ +E 535560 � MAC �AIR PORT (D INFILTRATION AREAS !, 2, AND 3 CONNECTION OF 4" PERF TP PIPE ARE PRIZMOIDAL SECTIONS. DRAIN INTO DRAINAGE STRUCTURE BOTTOM DIMENSIONS ARE IS INCIDENTAL PROP BRIDGE NO 27R35 PROP BRIDGE NO 27R37 PROP BRIDGE NO 27R38 PROP BRIDGE NO 27R36 EROSION CONTROL BLANKET -SEE TURF ESTABLISHMENT PLAN 4'W X B'L WITH 1:1 SIDESLOPES. BOTTOM ELEV. 817.0 TO SANDY MATERIAL.COARSE AGG.FROM BOTTOM TO ELEV. 821.0 FINE FILTER AGG. FROM ELEV. 821.0 TO ELEV. 821.8 WRAP COARSE FILTER AGG. W/GEO. FABRIC TYPE I. SEE RAMP lG CROSS SECTIONS FOR INF. AREA SECTION. -END S.P. 21ss-=-s2 TH77 NBSTA.1299+74.64 GENERAL NOTES: 1300 13,00 !. SEE SHEETS 26 0 -27 0 FOR DRAINAGE STRUCTURE AND PIPE TABULATIONS 2. SEE SHEET 271 FOR THE CASTINGTABULATION3.SEE STAGING AND TRAFFIC CONTROL PLAN AND SPECIFICATIONS TOCOORDINATE STORM SEWER CONSTRUCTION 4. SEE SHEETS 272 -281 FORDRAINAGE DETAILS5. SEE SHEETS 179 -181 FORSUPER ELEVATION6. SEE SHEETS 151 -153 FORINPLACE TOPOGRAPHY & UTILITIES PLAN LEGEND •MANHOLECJ APRON •CATCH BASINw RIPRAP -i>-STORM SEWER PIPE (0000) STRUCTURE NQ. ..... DRAINAGE DIRECTION X GUIDE POST TYPE B DRAINTILE ->>-SANITARY SEWER PIPE -1-WATERMAIN PIPE •INPLACE MANHOLE•INPLACE CATCH BASIN ->-INPLACE STORM SEWER PIPE ->>-INPLACE SANITARYPLACE 3 -X3-6A SIGNS AS DIRECTED BY ENGINEER. -1-SEWER PIPE INPLACE WATERMAIN PIPE 77th Street Underpass RICHFIELD, MINNE SOT A 77th Street at Trunk Highway 77 City of Richfield, Minnesota T.H. 77 NB STA 1285+46.47 TO T.H. 77 NB STA 1299+74.64 DRAINAGE PLAN SHEET 256 OF 360 S.P. 2758-82 (TH 77), S.P. 157-108-035 SHEETS Combined Contributing Area to NE Loop Ponds: 37.2% City of Richfield 62.8% MnDOT NO.DATE BY CHK Design By: Plan By: Checked By: Approved By: REVISIONS OF SHEETS UNDER THE LAWS OF THE STATE OF MINNESOTA. DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DATE:PATH & FILENAME:11/22/20208:02:56 PMK:\01301-420\Cad\Plan\130142-dp03A.dgn360 RICHFIELD, MINNESOTA LICENSE NO.DATE:11/20/2020 City of Richfield, Minnesota 77th Street Underpass 77th Street at Trunk Highway 77 CERTIFIED BY: TAW JDR 44235 LICENSED PROFESSIONAL ENGINEER - EARTH EVANS, PE SHEET EAE EAE S.P. 2758-82 (TH 77), S.P. 157-108-035MMMMM110 111 112 113 15 17 100 1295 1295 1300 1300 293 294 295 296 297 93 94 95 96 300 301 302 303 304 305 306 307 308MH MH I76TH STREETOLD CEDAR AVE 75TH STREETCITY OF RICHFIELD TH77 NB STA. 1299+74.64 TH 77 SB TH 77 NB END S.P. 2758-82 0 100 SCALE IN FEET 50 TH 77 SB TH 77 NB 257 DRAINAGE PLAN OLD CEDAR AVE { NOISE WALL 2 INP. R/W { RAMP 1V { RAMP 1YA { RAMP 1H { OLD CEDAR AVE LIMITS CONSTRUCTION STA 300+00.00 NOISE WALL 2 BEGIN CONSTRUCTION STA 308+52.00 NOISE WALL 2 END CONSTRUCTION 10' BIT TRAIL WALK CONC. NWALL 2 STA 302+68.45 BEGIN TRAIL 5115 5114 5116 5117 4474 5120 5118 STORM SEWER CONNECT TO EXISTING STORM SEWER EXISTING CONNECT TO PIPE SEWER ABANDON PLUG, FILL & (INCIDENTAL) PIPE PLUG LEGEND APRON STRUCTURE NO. STORM SEWER PIPE DRAINAGE DIRECTION DRAINTILE CATCH BASIN RIPRAP 272 179 260 270 0000 MH MANHOLE MH INPLACE MANHOLE INPLACE CATCH BASIN INPLACE STORM SEWER PIPE GUIDE POST TYPE B 181 SEWER PIPE INPLACE SANITARY 271 INPLACE WATERMAIN PIPE 151 153 SANITARY SEWER PIPE WATERMAIN PIPE 281 INPLACE TOPOGRAPHY & UTILITIES PLAN 6. SEE SHEETS - FOR SUPER ELEVATION 5. SEE SHEETS - FOR DRAINAGE DETAILS 4. SEE SHEETS - FOR CONSTRUCTION COORDINATE STORM SEWER PLAN AND SPECIFICATIONS TO 3. SEE STAGING AND TRAFFIC CONTROL TABULATION 2. SEE SHEET FOR THE CASTING TABULATIONS DRAINAGE STRUCTURE AND PIPE 1. SEE SHEETS - FOR GENERAL NOTES: � � :e I ti �g �� <6 >c �j �15 N::::! �"-::::: olS �� c§� CITY OF RICHFIELD t RAIL 2 NO. Design By: +1� l{_O :JIU I TAW 5915 SCALE IN FEET i--•r-0 25 50 t llllillliBY CJ::R.Tll'Y THATTHJS PLAN WAS PRJ:::PARcDBY MJ::OR UNDJ:illMY DIRECJ SUPJ::RVlSlON AND 11iAT 1 AM A DULY LICJ::.'-ISJ:ID PROfl:lSSlONi\L J::NGJNJ::JlR --+---+---ll--+-------------------t"P-lan_B_y,----1 UNDERTHELAWSOFTHESTATE OFMINXESO JDR DATE: JJRPGQZO LICEKSENO. 44235 0 V V wsb.., V V V V AGGREGATE ON SIDES, BOTTOM, ANO TOP TYPE I GEOTEXTILE FILTER, 2' MIN OVERLAP GROUND SURFACE ELEV, VARIES 30" 1' MIN, FILL (SUITABLE) OVER UNDERGROUND STORMWATER DETENTION SYSTEM PROPOSED 1 '':I." TO 3" COARSE FILTER TOP OF ROCK--==========��=='--===='�====d=====AGGREGATE ELEV, 819,25 (MIN, l TOP OF PIPE ELEV, 818, 75 (30") PIPE INVERT (30") EL, 816,00 (TYP) BOTTOM OF ROCK 815,50 PIPE SPACING AS SHOWN IN PLAN VIEW PROVIDE SHOP DRAWING OF SPACING WITH DESIGN SPECIAL 7 STRUCTURES MIN, AGGREGATE DEPTH OF 6 INCHES BELOW 30" PIPE SECTION A-A NOTE: DIAMETERS OF ALL PIPES ARE INTERNAL DIAMETERS 77th Street Underpass 77th Street at Trunk Highway 77 City of Richfield, Minnesota RICHFIELD, MINNE SOT A 77TH ST. EB STA 503+34.09 TO 77TH ST. EB STA 506+25.00 DRAINAGE PLAN S.P. 2758-82 (TH 77), S.P. 157-108-035 SHEET 258 OF 360 SHEETS tO U"I N V TRAIL 3.... CITY OF RICHFIELD -..A � i RICHFIELD I END UNDERGROUND DETENTION SYSTEM --'--�---___J._-----'.--------'--------___L_---l>""-1=L----CDl-ww w :iiBi �=====::'.�::::: :cw I-Wl--------'r-F=---1. t-(/) <: .... U"I 1---�--.....;:;..--.�,-----------:q WN I::::: Z+ :1:1 -<D ;, ...J� � ::c � �<ir::::::::��7�7�T�H�S�T�W�Bc===��::,__ _____ _::__,.��=J�> <Cl- C) § ::::l!Vl � ------=-- �� Si �� <6 >c I SCALE IN FEET 1-w---I 0 25 50 GROUND SURFACE ELEV, VARIES 30" AGGREGATE ON SIDES, BOTTOM, ANO TOP TYPE I GEOTEXTILE FILTER, 2' MIN OVERLAP 1' MIN, FILL (SUITABLE> OVER UNDERGROUND STORMWATER DETENTION SYSTEM TOP OF ROCK--==========��=='--===='�====d� PROPOSED 1 '':I." TO 3" COARSE FILTER AGGREGATE ELEV, 819,25 CMIN, l TOP OF PIPE ELEV, 818, 75 (30") PIPE INVERT C30") EL, 816,00 CTYP) BOTTOM OF ROCK 815,50 PIPE SPACING AS SHOWN IN PLAN VIEW PROVIDE SHOP DRAWING OF SPACING WITH DESIGN SPECIAL 7 STRUCTURE & 30" PIPE SPACING MIN, AGGREGATE DEPTH OF 6 INCHES BELOW 30" PIPE SECTION A-A WRAP AGGREGATE ON SIDES, BOTTOM, ANO TOP WITH TYPE I GEOTEXTILE FILTER, 2' MIN OVERLAP 1' MIN, FILL (SUITABLE> OVER UNDERGROUND STORMWATER DETENTION SYSTEM GROUND SURFACE ELEV, VARIES PROPOSED 1 1 ," TO 3" COARSr FILTER AGGREGATE TOP OF ROCK ELEV, 819,25CMIN, l <1 ' .6 ' 30" PERF PE PIPE DRAIN PIPE INVERT ---_..:,�--;-�.'.:!....::¥--��-----�-� (30") 816,00 <J BOTTOM OF ROCK 815,50 NOTE: PIPE SPACING AS SHOWN IN PLAN VIEW PROVIDE SHOP DRAWING OF SPACING WITH 36" x 30" TEE SPACING TREATMENT ROW ( 36" MIN, HEIGHT> PIPE RUN FROM 5900 TO 5902 PIPE INV, C36"l 815.50 WRAP W/ GEOTEXTILE FILTER TYPE 1 MIN, AGGREGATE DEPTH OF 6 INCHES BELOW 36" PIPE SECTION B-B DIAMETERS OF ALL PIPES ARE INTERNAL DIAMETERS <1 ' ' .6 ' . ,d . <J . '' • [J D <1. � � NO. Desi'gn By·. o ..;: t======!==== DA=TE ===IFB=Y=!==CHK =+ =RE=V=JS=JON=S ===============I llllillliBY CJ::R.Tll'Y THATTHJS PLAN WAS PRJ:::PARcDBY MJ::OR UNDJ:illMY �i;':i TAW DJRECJSUr.RVISION ANDTHATJAMADULYLJCH'81illPROfllSSIONALSNGJNSHR RICHFIELD, MINNESOTA SHEET � 1;:t--+---t--+---+------------------1 .... P-1an_B_y,-m-R __, UNDERTHELAwso,THEsTATEoFMOOl!sc 0... �;;:�;:!;-77th Street Underpass 259 :::: olSi---+---+-+--1------------------le-,C-he-,k,-dB�y-, -----l ws ' , � 77th Street at Trunk Highway 77 77TH ST. EB STA 506+25.00 TO 77TH ST. EB STA 511+00.00 OF ��t--+----+-+--+------------------1 EAE CERTJFJEDBY•_��==""""==,..,,,,..-1 City of Richfield, Minnesota DRAINAGE PLAN 360 ��Li--_-_-_+�---_-_-_-_1-L--�.r�--➔�---_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_4...l.A_p_�_voo_B ]; y�•i::....i�A';!"�---=::::=:::::=---!:!:!=::;.;=;!:=::;_L _____________ _j_ _________________________ L ____ _.:::!::,.=!..,:!!:��!:!.;��:!::,�::.::.,��-----1�!.:.!::!::;:J ~ .._ l]QQ@W LICEKSENO. 442Jj S.P. 2758-82 (TH 77), S.P. 157-108-035 SHEETS Roadway 77th Street Improvements CITY OF RICHFIELD DATE: February 2021 S.P. 2758-82 (TH 77) S.P. 157-108-035 (77TH STREET) INTERSTATE 494 MINNESOTA 77 Legend COMMISSION AIRPORTS METROPOLITAN Existing Right of Way Proposed Right of Way Permanent Easement Temporary Easement Notes Eligible for Federal, MSAS Sources: Federal / MSAS City Watermain Funding Sources: Federal / MSAS City Sanitary Sewer Funding Sources: Federal / MSAS Storm Sewer Funding Eligible for Federal, State Match Sources: Local City Watermain Funding Eligible for Federal, Local Sources: Federal / State Match Storm Sewer Funding Eligible for Federal, LRIP - Bridge Eligible for Federal, LRIP Sources: Federal / LRIP Storm Sewer Funding Otherwise item is local funded. Federal, MSAS if replaced in kind. Washington Park shall be eligible for 2) Items impacted by construction in for Federal, State Match 1) Temporary construction funding is eligible RAMP 1VTH77 SBTH77 NBRAMP 1Y76TH STREET LONGFELLOW AVEMTC ROAD 77TH STREET LOOP 1 W16TH AVE S17TH AVE S18TH AVE SOLD CEDAR AVERAMP 1GRAMP 1H 0 50 FT 100 FT 75TH STREET GV MH MH MH MH MH MH MH MH MH GV MHMH MH MH MH GV GV GV GV MH MH MH GVGVGVGVMH D I D I D I D I D I D I D I D I D I D I MH MH MHMH MH D I MH MH MH MH D I D I D I D I D I D I D I D I D I MHMH MH MH MHMHMH MHDI MHMHMHDID I D I MHMH Roadway 77th Street Improvements CITY OF RICHFIELD DATE: February 2021 S.P. 2758-82 (TH 77) S.P. 157-108-035 (77TH STREET) INTERSTATE 494 MINNESOTA 77 Legend COMMISSION AIRPORTS METROPOLITAN Existing Right of Way Proposed Right of Way Permanent Easement Temporary Easement Notes Eligible for Federal, MSAS Sources: Federal / MSAS City Watermain Funding Sources: Federal / MSAS City Sanitary Sewer Funding Sources: Federal / MSAS Storm Sewer Funding Eligible for Federal, State Match Sources: Local City Watermain Funding Eligible for Federal, Local Sources: Federal / State Match Storm Sewer Funding Eligible for Federal, LRIP - Bridge Eligible for Federal, LRIP Sources: Federal / LRIP Storm Sewer Funding Otherwise item is local funded. Federal, MSAS if replaced in kind. Washington Park shall be eligible for 2) Items impacted by construction in for Federal, State Match 1) Temporary construction funding is eligible RAMP 1VTH77 SBTH77 NBRAMP 1Y76TH STREET LONGFELLOW AVEMTC ROAD 77TH STREET LOOP 1 W16TH AVE S17TH AVE S18TH AVE SOLD CEDAR AVERAMP 1GRAMP 1H 0 50 FT 100 FT 75TH STREET GV MH MH MH MH MH MH MH MH MH GV MHMH MH MH MH GV GV GV GV MH MH MH GVGVGVGVMH D I D I D I D I D I D I D I D I D I D I MH MH MHMH MH D I MH MH MH MH D I D I D I D I D I D I D I D I D I MHMH MH MH MHMHMH MHDI MHMHMHDID I D I MHMH U UU M RETENTION POND BUS SHELTERTANKTANK E 535435U MH MH MH MH MH MH GV GV GV MH MH Existing Right of Way Proposed Right of Way Permanent Easement Temporary Easement Construction Limits LEGEND Maintenance Responsibility MAC Ownership and Maintenance Responsibility Richfield Ownership and Maintenance Responsibility MnDOT Ownership and maintenance responsibility excluded from the City of Richfield's Note: Wall and Bridge Structures are 0 60 FT30 FT DATE: November 2020 S.P. 2758-82 (TH 77) S.P. 157-108-035 (77TH STREET) Exhibit D Joint Powers Agreement 77th Street Underpass TH 77 NBTH 77 SBLOOP 1WR A MP 1 G (TYPICAL) PROPOSED STORM SEWER (TYPICAL) PROPOSED SANITARY SEWER CABLE (TYPICAL) PROPOSED LIGHTING (TYPICAL) PROPOSED LIGHT (TYPICAL) HYDRANT / GATE VALVE PROPOSED WATERMAIN (TYPICAL) PROPOSED WATERMAIN STRUCTURE (TYPICAL) PROPOSED STORM SEWER STRUCTURE (TYPICAL) PROPOSED SANITARY SEWER CASING (TYPICAL) PROPOSED UTILITY RAMP 1Y,1VBRIDGE 27R36 PROPOSED BRIDGE 27R38 PROPOSED BRIDGE 27R37 PROPOSED MH MH MH 77TH ST AGENDA SECTION:PUBLIC HEARINGS AGENDA ITEM #4. STAFF REPORT NO. 80 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: Ryan K rzos, P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 5/19/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Conduct a public hearing and consider appr oval of the second reading of a transitory ordinance vacating a portion of 5th Avenue right-of-way south of 71st Street. E X E C UT IV E S UM M ARY: I n conjunction with land use approvals related to building renovations to Hope Presby terian Churc h (7132 Portland Avenue South), the C hurch is requesting to vacate a portion of 5th Avenue south of 71st Street and north of the C hurch property. The vacation would fulfill one of the c onditions of said approval, imposed so that the improvements achieve complianc e with setbac k requirements. The portion of street right-of-way proposed for vacation c urrently contains a paved surface functioning as a driveway for the churc h. This portion of the street easement does not provide acc ess to property adjoining the churc h. Accordingly, staff finds that the proposed vacation would not be contrary to the public interest. RE C O M M E ND E D AC T IO N: Conduct and close a public hearing and by motion: Approve a second reading of a transitory ordinance vacating a portion of 5th Avenue right-of-way south of 71st Str eet B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Hope P resbyterian C hurch has existed as a congregation since 1954. C urrently this facility has Conditional Use Permits for programs suc h as a high school, a Montessori Sc hool, an adult dayc are, a preschool, and after-sc hool programs. I n 2020, an amendment to the Conditional Use Permit was approved to allow a building renovation and site improvements. A c ondition of said approval required that a portion of 5th Avenue at the northern boundary of the site be vacated prior to issuanc e of a building permit. A first reading of the proposed transitory ordinance was conducted at the May 11, 2021 City Council meeting. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ounc il 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 vac ation may be made unless it appears in the interest of the public to do so. Public utility c ompanies are given the opportunity to review the proposed vac ation. A blanket utility and drainage easement will be dedic ated over the entire area to be vac ated. C.C R IT IC AL T IMIN G ISSU 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 applic able. D.F IN AN C IAL IMPAC T: The applic ation processing fee has been paid. E.L E GAL C ON S ID E R AT ION : The C ity Attorney has reviewed the proposed vac ation. Notic e of the public hearing was published in the Sun Current newspaper, as required. ALT E R N AT IV E R E C O MME N D AT IO N(S): Deny a second reading, finding that the vacation would not be in the public interest. I t should be noted that the approval for Hope C hurch's building expansion required that this portion of right-of-way be vac ated to comply with setback requirements. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: Keith Koenig, Hope C hurch; Benton Ford, P.E., Rehder & Assoc iates, I nc. AT TAC H ME N TS : D escripti on Type Ordinance - Vacate 5th Ave Ordinance P roposed Vacation A rea E xhibit B uilding A ddi ti on 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: ________________________________ Kari Sinning, Acting 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:PUBLIC HEARINGS AGENDA ITEM #5. STAFF REPORT NO. 81 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: Nellie J erome, A ssistant P lanner D E PA RTM E NT D IRE C TOR RE V IE W: J ohn S tark, C ommunity D evelopment D i rector 5/19/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider a second reading and a summary publication 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 c hanging market for the sale of firearms, the City believes it would be wise to conduc t a planning study to examine current standards and to disc uss whether or not adjustments should be made. RE C O M M E ND E D AC T IO N: Conduct and close a pubic hearing and by motion: 1. Conduct a second reading of the attached transitory ordinance establishing a city-wide six- month moratorium on the establishment of new commercial uses involving firearms, and adopt the ordinance; and 2. Approve a r esolution authoriz ing summary publication of said ordinance. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT 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. Notic e of the May 25, 2021 public hearing was published in the S un C urrent Newspaper. C.C R IT IC AL T IMIN G ISSU E S: The moratorium could be terminated upon the c ompletion of a study, and any associated ordinance c hanges, prior to six-months with subsequent C ity 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 c onsulted on this c ourse of action and has reviewed the attached ordinance. ALT E R N AT IV E R E C O MME N D AT IO 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 EXP E C T E D AT ME E T IN G: None AT TAC H ME N TS : D escripti on Type Transitory Ordinance Ordinance S ummary P ublication Resolution Resolution L etter 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: Kari Sinning, Acting City Clerk RESOLUTION NO. _____ RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED WHEREAS, the City has adopted the above-referenced interim amendment of the Richfield City Code; and WHEREAS, the verbatim text of the interim amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. ________ A TRANSITORY ORDINANCE ESTABLISHING A SIX-MONTH MORATORIUM ON THE ESTABLISMENT OF NEW USES INVOLVING FIREARMS, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED This summary of the transitory ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This interim ordinance establishes a city-wide, six-month moratorium on the establishment of any new commercial use involving firearms to allow time for a planning study. The City has not thoroughly reviewed regulations related to firearms since 2004, and believes it would be wise to conduct a planning study to examine current standards and to discuss whether or not adjustments should be made. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #6. STAFF REPORT NO. 82 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: K rista Guzman, HR Manager D E PA RTM E NT D IRE C TOR RE V IE W: P am D mytrenko 5/18/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider adoption of a resolution author izing the City to affirm the monetary limits on statutory municipality tort liability. E X E C UT IV E S UM M ARY: The City purchases its liability insurance coverage from the League of Minnesota C ities I nsurance Trust (LMC I T). Each y ear, the City must decide to either affirm or waive its statutory limits of liability by J uly 1. After reviewing cost c onsiderations measured against potential risk, the City has, historic ally, affirmed the liability limits whic h are $500,000 for an individual c laimant and $1,500,000 per occ urrenc e. Staff is recommending the same course of ac tion for the upcoming insurance renewal. RE C O M M E ND E D AC T IO N: By motion: Adopt a resolution authorizing the City C ouncil to affirm the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT A requirement of insuranc e coverage through the L MC I T is an annual affirmation or waiver of statutory limits of liability. The c urrent statutory limits of liability for Minnesota c ities are $500,000 for an individual c laimant and $1,500,000 per oc currence. C ities can waive these limits to allow an individual claimant to rec over more than $500,000, up to the $1,500,000 per occ urrence limit, if exc ess liability insurance is purchased. However, the c ost of the excess liability insurance c ontinues to be very expensive. An additional $1,000,000 of c overage would c ost the City approximately $65,000 annually. Slightly more than half of the cities in Minnesota do not waive its limits of liability. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The State Statute establishes liability limits for cities and the current level is $1,500,000, which appears to be a reasonable limit. Historically, the majority of municipalities in Minnesota do not waive the monetary limits on munic ipality tort liability as was established by Statutes 466.04. The C ounc il could waive its statutory limits in future years if a dec ision was made to do so. The C ounc il may also wish to consider purchasing excess liability in the future. I f this is the case it may be purchased at any point in the future. C.C R IT IC AL T IMIN G ISSU E S: The C ity's insuranc e polic y with the League of Minnesota Cities I nsurance Trust will renew on J uly 1, 2021. This action must be completed on, or before that time. D.F IN AN C IAL IMPAC T: The C ity has historic ally not purchased exc ess liability coverage bec ause of the cost of suc h coverage. The annual premium for $1 million of c overage would be between $65,000 and $75,000 if the C ity decided to waive its liability limits. E.L E GAL C ON S ID E R AT ION : The tort liability limits established by Minnesota Statutes have historically protec ted c ities and no Minnesota court has ever established a monetary award in excess of the statutory limits against a munic ipality. Eac h city must annually dec ide whether the c ity would voluntarily waive the statute for both the single c laims and each occ urrence limit. ALT E R N AT IV E R E C O MME N D AT IO N(S): I f the C ounc il determines that any single claimant should receive more than the $500,000 limit, the Council c ould elect to waive the statutory monetary limits. I f the C ounc il determines that the $1,500,000 per oc currence limit is not adequate, the City could purchase exc ess liability coverage. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type Tort L iabi lity Resolution Resolution L etter RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive its limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: Kari Sinning, Acting City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #7. STAFF REPORT NO. 83 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: B lanca Martinez Gavina, E xecutive A nalyst D E PA RTM E NT D IRE C TOR RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Summary review of the C ity Manager's annual performance evaluation for 2020, held on May 20, 2020, as required by Minn. Statutes 13D.05 Subd. 3(a), and consideration of a resolution amending employment agreement between City of Richfield and C ity Manager Katie Rodriguez for 2021. E X E C UT IV E S UM M ARY: Eac h year the City C ounc il conduc ts a review of the C ity Manager's performanc e for the previous year. The review c onsiders the performance of the City Manager and the organization as measured against the goals and expectations of the City C ounc il. Such performanc e evaluations are conducted in a closed session pursuant to MN S tate Statutes and summarized in an open meeting. In addition to the performance evaluation, the City Council also takes this opportunity to review the City Manager's salary and benefits to make any adjustments that may be warranted. RE C O M M E ND E D AC T IO N: Motion to approve the Resolution amending the City’s Manager ’s employment agreement with the C ity reflecting a salary adjustment. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT The City Council has conduc ted a performanc e review of the City Manager for 2020 and must now, per State Statute, make a summary report of the outc ome of that evaluation. I n addition, the C ity Council has reviewed the c ompensation of the City Manager and has made a conc lusion c oncerning the City Manager ’s employment agreement. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): The C ity Manager is given an evaluation by the C ity Council each y ear as part of the City Manager ’s c ontrac t. As part of the evaluation process, a review of the C ity Manager ’s compensation package is also performed each y ear. As c ompensation c omparisons, salaries of C ity Managers in comparable c ities are c onsidered, as is the base salary structure adjustments of other City employees. C.C R IT IC AL T IMIN G ISSU E S: City Manager Rodriguez annual performance evaluation has previously been sc heduled to be c onducted in the first quarter of eac h year. D.F IN AN C IAL IMPAC T: The City Manager ’s base pay adjustment has historic ally been the same as those given to other City employee groups. E.L E GAL C ON S ID E R AT ION : The City Manager ’s c ontrac t with the City requires that an annual performanc e evaluation be conducted. ALT E R N AT IV E R E C O MME N D AT IO N(S): The City Council may defer the c ompensation portion of this review to a future meeting. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type Resolution for C M S alary A djustment Resolution L etter RESOLUTION NO. RESOLUTION AMENDING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CATHERINE RODRIGUEZ, CITY MANAGER NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following section of the Employment Agreement between the City of Richfield, Minnesota and Catherine Rodriguez, City Manager, dated December 11, 2018, is amended as follows: Section 2. Salary Employer agrees to pay Employee for her services an annual base salary of $154,502.40 $ _____, payable in installments at the same time as other employees of the Employer are paid. 2. The City Manager’s salary adjustment is effective on _____________. Approved by the City Council of the City of Richfield, Minnesota, this 25th day of May, 2021. Maria Regan Gonzalez, Mayor ATTEST: ,City Clerk AGENDA SECTION:RESOLUTIONS AGENDA ITEM #8. STAFF REPORT NO. 84 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: K atie Rodriguez, C ity Manager D E PA RTM E NT D IRE C TOR RE V IE W: O TH E R D E PA RTM E NT RE V IE W: E xecuti ve D epartment C ITY M A NA G E R RE V IE W: K atie Rodriguez 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: A resolution terminating the local emergency enacted in March 2020 in r esponse to the C O V ID-19 pandemic. The local emergency was declar ed by the Mayor via Proclamation on March 16, 2020 and extended by City C ouncil on March 18, 2020 pur suant to Minnesota Statutes section 12.29. E X E C UT IV E S UM M ARY: May or Regan Gonzalez dec lared and C ity Counc il extended a local emergenc y in Marc h 2020 to better respond to the evolving C OV I D-19 pandemic . The loc al emergency allowed the City to implement local emergency plans and acc ess emergency powers to meet, enter into c ontracts and raise funds without having to follow typical procedures. W hile the pandemic remains a public health risk, it is no longer nec essary to continue the local emergency as the City can and will continue to respond to the pandemic without having to rely on local emergency powers. The state and region continue to make progress vacc inating people, 71% of Ric hfield residents 16 and older have received at least one vac cine. Also, C OV I D -19 c ase rates c ontinue to fall at the state and local level. The Centers for Disease Control and the Minnesota D epartment of Health have signific antly eased C OV I D- 19 restric tions. The C ity will remain bound by the statewide emergenc y orders regardless of whether a local emergency remains in place. RE C O M M E ND E D AC T IO N: Adopt the resolution terminating the local emergency. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT Please see attached resolution. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): Please see attached resolution. C.C R IT IC AL T IMIN G ISSU E S: Please see attached resolution. D.F IN AN C IAL IMPAC T: E.L E GAL C ON S ID E R AT ION : The language of the resolution has been reviewed by City Attorney Mary Tietjen. ALT E R N AT IV E R E C O MME N D AT IO N(S): Counc il can c hoose to not adopt the resolution. P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: AT TAC H ME N TS : D escripti on Type Resolution C over Memo DOCSOPEN\RC145\734\721676.v2-5/17/21 RESOLUTION NO. ___________ CITY OF RICHFIELD A RESOLUTION TERMINATING THE LOCAL EMERGENCY WHEREAS, on March 16, 2020, the Mayor issued a Proclamation declaring a local emergency in response to the COVID-19 pandemic; WHEREAS, on the same day, the City Council exercised its authority under Minnesota Statutes, section 12.29 to adopt Resolution No. 11728 to extend the local emergency “until further action of the City Council”; WHEREAS, the Centers for Disease Control and Prevention (“CDC”) and the State of Minnesota on May 13, 2021 and May 14, 2021, respectively, issued guidance that face masks are no longer necessary for fully-vaccinated individuals, although the statewide emergency declared by the Governor remains in place in order to wind down certain emergency measures; and WHEREAS, the City Council finds and determines as follows: a. The declaration of a local emergency allows a city to implement local emergency operations plans and to access certain emergency powers to meet, enter into contracts, and raise funds without having to follow typical procedures to allow it to rapidly respond to the emergency; b. Given that the local emergency related to the pandemic has extended for more than one year, the need for a rapid response using emergency powers is no longer necessary; c. The initial uncertainties associated with the pandemic, the potential need for a local emergency response, and the possibility a local declaration would be required to be eligible for federal or state relief funds made the declaration of a local emergency appropriate; d. Now that the local emergency related to the pandemic has existed for more than a year, the City has learned how to continue its work without having to rely on emergency plans or the exercise of emergency powers; e. The City will remain bound by the statewide emergency and the Governor’s emergency orders regardless of whether a local emergency remains in place; f. While the pandemic remains a public health risk, the increased availability of vaccines has caused the number and severity of cases to continue to drop; DOCSOPEN\RC145\734\721676.v2-5/17/21 g. The CDC issued guidance that fully-vaccinated people no longer need to wear face masks and the Governor lifted the statewide mask mandate on May 14, 2021; and h. It is no longer necessary to continue the local emergency as the City can and will continue to respond to the pandemic without having to rely on local emergency operations plans or emergency powers. NOW, THEREFORE, BE IT RESOLVED, by the Richfield City Council as follows: 1. The local emergency declared by the Mayor’s Proclamation on March 16, 2020 and extended by City Council Resolution No. 11728 is terminated, effective immediately. 2. Resolution No. 11728 is hereby repealed. 3. The City shall continue its work to resume normal operations as soon as possible and in compliance with the state’s diminishing COVID-19 restrictions. 4. This Resolution will be given prompt and general publicity and filed in accordance with Minnesota Statutes, section 12.29. Adopted by the Richfield City Council this ___ day of May 2021. ____________________________ Maria Regan Gonzalez, Mayor ATTEST: ____________________________ Kari Sinning, Acting City Clerk AGENDA SECTION:OTHER BUSINESS AGENDA ITEM #9. STAFF REPORT NO. 85 CIT Y COUNCIL ME E T ING 5/25/2021 RE P O RT P RE PA RE D B Y: K elly Wynn, A dministrative A ssistant D E PA RTM E NT D IRE C TOR RE V IE W: K atie Rodriguez 5/19/2021 O TH E R D E PA RTM E NT RE V IE W: C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager 5/19/2021 I T E M F O R C O UNC I L C O NS I D E RAT IO N: Consider the Mayor's appointment of a Civil S er vice Commissioner. E X E C UT IV E S UM M ARY: Terms of several C ity advisory board and commission members expired on J anuary 31, 2021. I n addition, due to resignations there are mid-term vacancies that should be filled. Terms for advisory board and commissions are for three years. The City Counc il directs the C ity Manager ’s offic e to conduc t an annual recruitment seeking applicants to fill the vac ancies. This recruitment inc ludes a press release and information on the City ’s website and social media platforms. A pplic ants were interviewed at a work session held on J anuary 23 and J anuary 30 of 2021. To ensure a quorum at future advisory board and c ommission meetings, the C ity Council should make appointments at the February 09, 2021 City C ounc il meeting. Rec ruitment continued for the Civil Service Commission to find an appropriate c andidate. RE C O M M E ND E D AC T IO N: By motion: Approve appointment of James Frechette as C ivil Service C ommissioner commencing on May 25, 2021 and expiring January 31, 2024. B AS IS O F RE C O M M E ND AT IO N: A.H IS TOR IC AL C ON TEXT This information is c ontained in the Exec utive S ummary. B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc): City advisory board and commissions were established by City ordinance or resolution. C.C R IT IC AL T IMIN G ISSU E S: Several terms of City advisory board and c ommission members expired on J anuary 31, 2021. D.F IN AN C IAL IMPAC T: None E.L E GAL C ON S ID E R AT ION : None ALT E R N AT IV E R E C O MME N D AT IO N(S): None P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G: