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10-24-06 RegularCITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 24, 2006 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufbcient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of October 4, 2006; (2) Special City Council Worksesson of October 10, 2006; and (3) Regular City Council Meeting of October 10, 2006 PRESENTATION 1. Presentation of I-494 Commuter Challenge Award COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in on motion. Once the Cons nt Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. Howev r, any Council Member may request that an item be removed from the C nsent Cal ndar and plac don th regular agenda, for Council discussion and action. All it ms listed on the Consent Cal ndar are recommended for approval. A. Consideration of approval of first reading of amendment to City Administrative Code Chapter III, Subsection 310.33, Subdivision 9 describing terminal vacation and schedule second reading for November 14, 2006 S.R. No. 211 B. Consideration of approval of first reading of ordinance relating to connections and discharges to stormwater system and schedule second reading for November 14, 2006 S.R. No. 212 C. Consideration of approval of resolution granting subdivision waiver for 6700 Pleasant Avenue to create two single-family lots S.R. No. 213 D. Consideration of approval of resolutions levying special assessment for nuisance abatement and weed destruction against certain property owners S.R. No. 214 E. Consideration of approval of renewal of Chiefs Towing, Inc. contract for Public Safety towing services, with 6.4% price increase in all service categories, for December 1, 2006 through November 30, 2007 S.R. No. 215 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: OTHER BUSINESS 6. Consideration of request for new taxi license for Ecuadorian Express, LLC, 2851 Central Avenue NE, Minneapolis Staff Report No. 216 Notes: PUBLIC HEARINGS 7. Public hearing and second reading of ordinance amendment to Richfield Zoning Code Appendix 1 amending zoning district boundaries and rezoning certain properties within 1- 494 Corridor as mixed-use neighborhood and mixed-use community (continued from October 10, 2006) Staff Report No. 217 Notes: 8. Public hearing regarding resolution granting preliminary and final plat for subdivision of 6444 Portland Avenue (continued from October 10, 2006) Staff Report No. 218 Notes: RESOLUTIONS 9. Consideration of resolution providing for sale of $2,500,000 General Obligation Storm Sewer Revenue Bonds, Series 20066 Staff Report No. 219 Notes: 10. Consideration of resolution accepting property from Mt. Calvary Church for right of way purposes Staff Report No. 220 Notes: 11. Consideration of resolution establishing just compensation and authorizing purchase of partial right-of-waytakings at 6600 Oakland and 6600 Portland Avenues; 66th Street and .Portland Avenue intersection project Staff Report No. 221 Notes: 12. Consideration of resolution approving first amendment to public improvements and special assessment agreement with Ryan Companies US, Inc.; Cedar Point project Staff Report No. 222 Notes: OTHER BUSINESS 13. Consideration of proposed purchase agreement between City of Richfield and Jack Mooney, Mooney Properties, LLC, owner of BP Amoco, for acquisition of property at 6545 Portland Avenue; 66th Street and Portland Avenue intersection project Staff Report No. 223 Notes: 14. Consideration of space needs assessment and direction on pursuing multiple story design for new City maintenance facility Staff Report No. 224 Notes: 15. Consideration of City Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five-year term expiring on October 2011 Staff Report No. 225 Notes: CITY MANAGER'S REPORT 16. City Manager's report Notes: 17. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 18. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA SECTION: l.io ~~~ AGENDA ITEM # REPORT # ~ ] ] STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2UU6 REPORT PREPARED BY: COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: PAM DMYTRENKO ASSISTANT TO THE CITY MANAGER NAME, TITLE , ITEM FOR COUNCIL CONSIDERATION: First reading consideration of amendment to the City Administrative Code Chapter III, Subsection 310.33, Subdivision 9, describin terminal vacation. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Chapter 111, Subsection 310.33, Subdivision 9, describing terminal vacation and schedule the second reading for November 14, 2006. IL BACKGROUND Under current City Administrative Code, Chapter III, Subsection 310.33, Subd. 9, employees are paid accrued, unused vacation leave upon separation of .employment, except employees who were separated prior to completing six months of employment with the City. The exception exists because, under Subsection 310.33, Subd.1, regular and full-time probationary employees are not allowed to use .accrued vacation leave until after successful completion of six months of employment. However, recent case law (MN Court of Appeals, Lee vs. Fresenius Medical Care, 1nc.) has rendered the withholding of accrued, unused vacation- leave to be iAegal. Because case law supersedes City ordinance, it is necessary for the City to remove the exception in Subsection 310.33,. Subd. 9. 1024Terminal Vacation In addition, because the current Subdivision 9 title, "Terminal Vacation," is easily misconstrued, staff is proposing the title be amended to "Separation vacation pay." In summary, the proposed ordinance changes to Section 310.33, Subdivision 9, Terminal vacation, are as follows: Subd. 9, Terminal varatinn Separation vacation paY. Accrued, but unused vacation will be paid upon separation from City service. ha inelinihle fnr terminal uaratinn nav III. BASIS OF RECOMMENDATION A.. POLICY • The proposed modification to Subsection 310.33, Subd. 9, Terminal leave, is necessary because the withholding of an employee's accrued, but unused vacation leave at the time of termination is no longer legal based on a recent case law decision. Since case law supersedes City ordinance, the City must change its ordinance to be in compliance. B. CRITICAL ISSUES • In order to meet the publishing requirements for the second reading of an ordinance amendment, it is recommended that the second reading be scheduled for November 14, 2006. C. FINANCIAL • By amending Subsection 310.33, Subd. 9, employees with less than six .months of continuous service will be paid his/her accrued, unused vacation leave upon separation-from City service. At this time, the maximum amount of vacation leave accrued by an employee during the first six months of employment is six days. D. LEGAL • In order to avoid any potential legal conflicts or complaints it is important to make this ordinance adjustment in a timely manner. IV. ALTERNATIVE RECOMMENDATION(S~ Do not amend the ordinance, althouc direct conflict with current case law. Defer discussion until another date. a timely manner regarding this issue. is puts the current City ordinance in However, again, it is important to act in V. ATTACHMENTS • City Administrative Code change ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ ~A-i BILL NO. AMENDMENTS TO SECTION 310.33 OF THE ORDINANCE CODE OF THE CITY OFRICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.33, Subdivision 9 of the ordinance code of the City of Richfield. entitled "Terminal vacation" is hereby amended: Subd. 9. .Separation vacation pay. Accrued, but unused vacation will be paid upon separation from City service. Passed by the City Council of the City of ..Richfield, Minnesota this 24th day of October, 2006. Martin ,!. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: ~ ~~ S~i'1~ AGENDA ITEM # L'I [~ REPORT # ~~ c~. STAFF REPORT CITY COUNCIL MEETING OCTOBER 24 2006 KRISTIN ASxER, ASSISTANT CITY .REPORT PREPARED BY: ENGINEER - NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY-CITY MANAGER. ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the Connections and Discharges to the Stormwater System Ordinance and settin the second readin for November 14, 2006. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached Connections and Discharges to the Stormwater System Ordinance and set the second readin for November 14, 2006. IL BACKGROUND The City's Stormwater Pollution Prevention Program (SWPPP) is prepared in conformance- with the National Pollutant Discharge Elimination System (NPDES) and is in compliance with the.Clean Water Act,. Minnesota Statutes and Minnesota Rules. The SWPPP is used to identify Best Management Practices (BMPs) that will be undertaken to meet the requirements of the regulatory agencies. These BMPs could be a combination of education, maintenance, control techniques, system design and engineering methods, and other such provisions - that are appropriate to meet the requirements of the NPDES permit. 1024Stormwater System Illicit discharge is a term refering to illegal and harmful dumping, including unintentional runoff, into the City's storm sewer system (via catchbasins or direct - connection) that could eventually cause qualitative harm to the water bodies downstream. To protect the quality of lakes, rivers and public health, a number of BMPs have been developed to implement and enforce a program to detect and eliminate illicit discharge into the City's storm sewer system. One minimum measure is to adopt an ordinance relating to discharges and connections to the stormwater system. The ordinance essentially holds property owners and operators responsible for providing reasonable protection from accidental and/or intentional discharge of prohibited materials or other wastes into the municipal stormwater system. III. BASIS OF RECOMMENDATION A. POLICY The proposed. Connections and Discharges to the stormwater System ordinance is consistent with the City's Comprehensive Surface Water Management Plan. B. .CRITICAL ISSUES • Allowing hazardous materials to flow into the storm sewer system contributes to Minnesota's Impaired Waters. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed the ordinance and will be available to answer questions. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may decide not to approve the first reading, however, the City is required to adopt an ordinance relating to discharges and connections to the stormwater system prior to 2008. V. ATTACHMENTS • Proposed Connections and Discharges to the stormwater System Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ~f~-i CITY OF RICHFIELD ORDINANCE NO. AN ORDINANCE RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM THE CITY OF .RICHFIELD DOES ORDAIN: Section 1. Chapter VII of the Richfield City Code is amended by adding the following Section: Section 721 -Connections and Discharges to the stormwater System. 721.1 Objectives. .The objectives of Section 721 are. to regulate the introduction of pollutants into the stormwater system by any. person; to prohibit illicit connections and discharges to the stormwater system; to establish authority to carry out all inspections, surveillance, and monitoring procedures necessary to ensure compliance with this ordinance; and to establish enforcement mechanisms for violations of this Section. 721.2. Definitions. Subdivision 1. For the purposes of this section, the following shall mean: Subd. 2. "Authorized Enforcement Officer" means the Public Works Director or the Public Works Director's designee, who is authorized to enforce this section. Subd. 3. "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Subd. 4. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Subd. 5. "Construction Activity" means activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Subd. 6. "Hazardous Materials" means any material, including any substance, waste, or combination thereof, that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Subd. 7. "Illegal Discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in subdivision 6 of this section. 1024Stormwater System l ~ ~ r~ Subd. 8. An "illicit connection" is defined as either of the following: a. any drain or conveyance, whether on the surface or subsurface, that allows an illegal .discharge to enter the storm drain system including but not limited to any conveyances that allow any non- storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted,. or approved by the Authorized Enforcement Officer; or b. any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and ...approved. by the .Authorized Enforcement. Officer. Subd: 9. "Industrial Activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). Subd. 10. "MS4" means the municipal separate storm sewer system. Subd. 11. "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" is a permit issued by the Environmental Protection Agency (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether-the permit is applicab{e on an individual, group, or general area-wide basis. Subd. 12. "Non-Storm Water Discharge" is any discharge to the storm drain system that is not composed entirely of storm water. Subd. 13. "Person" is any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Subd. 14: "Pollutant" is anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Subd. 15: "Premises" is any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Subd. 16. "Storm Drainage System" is a publicly-owned facility by which storm water is collected and/or conveyed., including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm .drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. A storm drainage system can also be known as a storm water system. ~~~3 Subd. 17. "Storm Watet" is any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Subd. 18. "Stormwater Pollution Prevention Plan" is a document that describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to . the Maximum Extent Practicable. Subd. 19. "Wastewater" means any water or other liquid, other than. uncontaminated storm water, discharged from a facility. 721.3.. Applicability. This section shall apply to all water entering the...... storm drain system generated on any developed and undeveloped lands. unless explicitly exempted by an Authorized Enforcement Officer. .721.4. Responsibility for Administration. The Public Works Director or the Public Works Director's .designee shall administer, implement, and enforce the provisions of this section. 721.5. Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section. 72.1.6. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards. Therefore this section does not intend or imply that compliance by any person will ensure that. there will be no contamination, pollution, nor unauthorized discharge of pollutants. 721.7. Discharge Prohibitions. Subdivision 1. Prohibition of Illegal Discharges. a. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. b. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as follows: The following discharges are exempt from discharge prohibitions established by this section: water line flushing or other potable water sources, landscape irrigation or lawn. watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles., natural riparian habitat or wet-.land flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), 4a-~{ fire fighting activities, and any other vvater source not containing Pollutants. c. Discharges specified in writing by the Authorized Enforcement Officer as being necessary to protect public health and safety are allowed. d. Dye- testing is an allowable discharge, but requires a verbal notification to the Authorized Enforcement Officer prior to the time of the test. e. The prohibition shall not apply to any non-storm water discharge .permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, the Minnesota Pollution Control_Agency, or other agency, .provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Subd. 2. Prohibition of .Illicit Connections. a. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. b. This prohibition expressly includes, without limitation, illicit . connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. c. A person is considered to be in violation of this section if the person connects a line conveying wastewater to the MS4, or allows such a connection to continue. 721.8. Suspension of MS4 Access. Subdivision 1. Suspension due to Illicit Discharges in Emergency Situations. The Authorized Enforcement Officer may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States.. If the violator fails to comply with a suspension order issued in an emergency, the Authorized Enforcement Officer may take such steps as deemed necessary to prevent or minimize damage to the `MS4 or Waters of the United States, or to minimize danger to persons. Subd. 2. Suspension due to the Detection of illicit Discharge. a. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Authorized Enforcement Officer will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Officer for a reconsideration and hearing. ~~~ b. A person commits an offense if -the person reinstates MS4 access to premises terminated pursuant to Section 721.8, without the prior approval of the Authorized Enforcement Officer. 721.9. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the allowing of discharges to the MS4. 721.10.. Monitoring of Discharges. Subdivision 1. Applicability. This subdivision applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.. Subd. 2. Access to Facilities. a. The Authorized Enforcement Officer shall be permitted to enter and inspect facilities subject to regulation ~lnder this section as often as may. be necessary to determine compliance with this section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall .make. the necessary arrangements to allow access to representatives of the Authorized Enforcement Officer. b. Facility operators shall allow the Authorized Enforcement Officer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the. conditions of an .NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. c. The Authorized Enforcement Officer shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Authorized Enforcement Officer to conduct monitoring and/or sampling of the facility's storm water discharge.. d. The Authorized Enforcement Officer has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. e. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Authorized Enforcement Officer and shall not be .replaced. The costs of clearing such access shall be borne by the operator. f. Unreasonable delays in allowing. the Authorized Enforcement Officer access to a permitted facility is a violation of a storm water discharge permit and of this section. A person who is the ~~-~P operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the Authorized Enforcement .Officer reasonable access to the permitted facility for the. purpose of conducting any activity authorized or required by this section. g. If the Authorized Enforcement Officer has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health,. safety, and welfare of the community, then the Authorized Enforcement Officer may seek issuance of a search_warrant from any court of competent jurisdiction. 721.11. Requirement to Prevent, Control, and Reduce Storm Water Pollutants By the Use of Best Management Practices. The Authorized Enforcement Officer will adopt requirements identifying Best Management Practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge, of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of 721.11. These BMPs are listed in the stormwater pollution prevention plan (SWPPP) and the Minnesota Pollution Control Agency's current BMPs, and are necessary for compliance with requirements of the NPDES permit and Appendix J of the City's Comprehensive Water Resource Management Plan. 721.12. Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free ofi trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly impact .the flow of .water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 721.13. Notification of Spills. a. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials that are resulting or may result in .illegal discharges or pollutants discharging into storm water, the storm drain system, or water of ~~"`~ the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. b. In the event of such a release of hazardous materials said person shall immediately, notify the Public Works Director and other emergency response agencies of the occurrence via emergency dispatch services. c. In the event of a release of non-hazardous materials, said person shall notify the Authorized Enforcement Officer in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Authorized Enforcement Officer within three business days of the phone notice. d. If the_ discharge of prohibited .materials emanates from a commercial or industrial establishment or vehicle, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. 721.14. Enforcement. Subdivision 1. Notice of Violation. Whenever the Authorized Enforcement Officer finds. that a person has violated a prohibition or failed to meet a requirement of this section, the Authorized Enforcement Officer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (1) the performance of monitoring, analyses, and reporting; (2) the elimination of illicit connections or discharges; (3) that violating discharges, practices, or operations shall cease- and desist; (4) the abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (5) the implementation of source control or treatment BMPs. Subd. 2. Notice when Abatement Required. If abatement of a violation and/or restoration of affected property is required, the notice shall set a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 721.15. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the Authorized Enforcement Officer. The notice of appeal must be received within ten days from the date of-the Notice of Violation. Hearing on the appeal before the City Council. shall take. place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the City Council shall be final. 721.16. Enforcement Measures After Appeal. If the violation has not been .corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten days of the decision of the municipal authority upholding the decision of the Authorized Enforcement Officer, then representatives of the Authorized .Enforcement Officer may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of 48-~ any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 721.17. Cost of Abatement of the Violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on -the property. for the amount of the assessment. Any person violating any of the provisions of this section shall become liable to the City by reason of such violation. 721.18. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the Authorized Enforcement .Officer may petition fora preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. 721.19. Violations Deemed a Public Nuisance. In addition to the. enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 721.20. Criminal Prosecution. Any person that has violated or continues to violate this section shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal .penalty as a misdemeanor. 721.21. Remedies Not Exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Authorized Enforcement Officer to seek cumulative remedies. Section 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota, this day. of 2006. Martin J. Kirsch, Mayor ATTEST:. Nancy Gibbs, City Clerk AGENDA SECTION: ~ ~nrj~,/'~'r AGENDA ITEM # ~ ~ REPORT # ~, J 3 ~' STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding the request for a Subdivision Waiver at 6700 Pleasant Avenue to create two sin le-famil lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Subdivision Waiver for 6700 Pleasant Avenue. II. BACKGROUND The applicant is seeking to split an existing 90-foot wide single-family residential lot into two lots with widths of 44 and 44.63 feet. The current lot was originally platted as two separate lots. Those lots were combined at some point in the past to create the current 90' x 132' lot. City approval is not required for the combination of parcels; however, it is required for the subdivision of land. While the proposed lots do not meet current minimum lot size requirements, they are in keeping with much of the surrounding neighborhood. III. BASIS OF RECOMMENDATION A. POLICY 102406 - 6700 Pleasant Subd. Waiver • Normally, any division or re-division of land requires that a plat or re- plat be filed. i Platting requirements for the subdivision of land may be waived when compliance with regular platting requirements will result in unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations. B. CRITICAL ISSUES • The property is zoned R -Single-family residential. Minimum lot requirements and dimensions of the proposed lots are as follows: o Required area: 6,700 sq. ft. Proposed: (1) 5,873 sq. ft. (2) 5,794 o Required width: 50 ft. Proposed: (1)44.63 ft. (2) 44 ft. o Required depth: 100 ft. Proposed: (1) 131.6 ft. (2) 131.7 ft. • Surrounding lots in the neighborhood range from approximately 44 - 50 feet in width. The newly created lots would not be out of character for the neighborhood. Both parcels accommodate the set back requirements. • This neighborhood is bordered on the north by Oaks on Pleasant; a high-density housing development. • The Comprehensive Plan designates the parcel in question and the two nearly identical lots to the west for high-density single-family use. • The existing house meets all setback requirements and will continue to do so if the lot subdivision is approved. The attached survey depicts one possible building footprint for asingle-family house .meeting all setback requirements on the- new lot. It is not necessarily representative of the footprint of a new structure. C. FINANCIAL • N/A D. .LEGAL • No legal notice is required; however, the Community Development Department sent notice of the request for a Subdivision Waiver to residents and property owners with 350 feet of the property. • - SO DAY RULE: The 60 day `clock' started when a complete application was received on September 29, 2006. A decision must be given to the`applicant by November 28, 2006 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. ALTERNATIVE RECOMMENDATION(S) • Deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties.. I V . ATTACHMENTS i • rcesoiuiivn • Certificate of survey • Lot size comparison map • Land use, zoning and comprehensive plan maps for properties within 350 feet of subject property. PRINCIPAL PARTIES EXPECTED AT MEETING • William Gauger, property owner and applicant ~{ c-~ RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 6700 PLEASANT AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 6700 Pleasant Avenue, legally described as: Parcel A: Lots 1 and 2, Block 7, LYNDALE SHORES ON WOOD LAKE, Hennepin County, Minnesota. WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel One: Lot 1, Block 7, LYNDALE SHORES ON WOOD LAKE, Hennepin County, Minnesota.. Parcel Two: Lot 2, Block 7, LYNDALE SHORES ON WOOD LAKE, Hennepin County, Minnesota. WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; and 2. City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~. ~P ~~~ a I CERTIFICATE OF SURVEY ~r ~ .L~a~ .~. ~outwu. ,qua. ' 871] DUPONT AVENUE SOUTH ~ ~~~' „ BLOOMINGTON, MINN SSdZO BBB~ZOBd ~ ' LANG SURVEYORS ~.... ~~ L'~,~h ~//"T~.`. /~ A' ~/ ~,; ' ..~, .gyp ~ Oo ~,~~ ~ ~~ ~ ~ ~' I ~~ ~ ~ ~ ~ 5..1 .~ ~ z ~, , :~ t - ' ~~/.6 wM.' -- .85 v°`, ~ 39.9 _ ~ ~~ ~ ~ ~ ~ ~; . „ , ~7 m , ~ 39 __ I' ~ l~ ~ o ~ ,~riyr~ ~ r~ ~a ~ `:III cQ ~' ~ II Cr ~ 1 ~ ~~ o ; ,i SB9°~3s7N~ Survey for: WILLIAM GAUGER Original Description: Lots 1 and .2, Block 7, Lyndale Shores on Wood Lake Description for North Lot: ( Area is 5,873 Sq. Ft.) Lot 1, Block 7, Lyndale Shores on Wood Lake Description for South Parcel: (Area is 5,794 Sq. Ft.) Lot 2, Block 7, Lyndale Shores on Wood Lake I;hereby certify that this survey was made bx me or under my direct supervision and that 2 am a registered land surveyor under the laws of the State of Minnesota. Dated 's 19th day of eptember, 2006. by . Larry Couture, Land Surveyor ' Min esota License No. 9018 Scale: 1"=20' o denotes iron monument 349- 58 +~e-?~ 6700 Pleasant -Lot Subdivision Request Surrounding Lot Dimensions Oaks on Pleasant 67th Street West 130.0 N ~ ~ 6700 Pleasant Ave ~ _ 130.0 p ~ ~ ~ _ o d 130.0 .131.9 ~ o ~ °~° ~°n Q 0 ~+ C 130.0 132.0 ~ N 0 N ~ ° a 132.0 o 0 N 0 20 40 80 120 160 Feet ate-mot 6700 Pleasant -Lot Subdivision ,Request Surrounding Land Uses SCH h~ N aks on Pleasant Q 67th Street West a RES RES RES RES ~ RES RES ~O RES RES RES RES ~ CHURC RES RES RES RES ~ C RES RES RES RES Q RES RES RES ~ S RES RES ~ ~ APT ES RE RES ~ RES a RES RES APT N RES -Single-family Residential APT -Apartment SCH -School 0 65 130 260 390 520 Feet ~c-s 6700 Pleasant -Lot Subdivision Request Surrounding Zoning - R PC• O ~ PC- M w d Oaks on Pleasant ~ Q 67th Street West • R 0 R ~ _ R R 0 R R ~ R R R R N R ~. R R R R ~ R R R R Q R R R ~ R to R fQ MR-2 R R _~ R ~ R R MR-2 N R -Single-family Residential MR-2 -Multi-family Residential PC-2 -Planned General Commercial 0 70 140 280 420 560 Feet arc 6700 Pleasant -Lot Subdivision Request Comprehensive Plan Designations QP-S RMH/O h~ N aks on Pleasant Q 67th Street West o R-SFH R-SFH ~ R-SFH O R ~ R N R R C R R Q R R C R ~ R ~ R-SFH R N R ~ R R R-SFH R -Single-Family Residential N R-SFH -High-Density Single-Family Residential RMH/O -High-Density Multi-Family Residential /Office QPB -Quasi-Public 0 65 130 260 390 520 Feet R-SFH R-SFH R SFH - R R R R R R R R ti AGENDA SECTION: AGENDA ITEM # REPORT #~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2OOfi Cons~n~- tiD oZ ~ y' REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Considerations of resolutions levying special assessments for nuisance:abatement, and weed destruction. L RECOMMENDED ACTION: . By Motion: Adopt the attached resolutions levying special -assessments for nuisance abatement, and weed destruction against listed aroperty owners. II. BACKGROUND • The special assessment for nuisance abatement is for costs incurred by the City in connection with abatement for nuisances on certain properties in the City, which are not properly maintained. • The owners of the subject properties are notified by the City to correct the nuisance and have failed to do so within a timely limit. • The property owners were notified that if the nuisance was not abated within the proper time limit, the City would take the corrective action necessary and bill the property owner. • Finally, each year the City hires contractors to cut weeds on certain properties in the City not maintained by the owners. If the owner fails to cut the weeds in a timely manner after notification by the City, the City undertakes the weed destruction and bills the property owner for the service. • In all cases, the property owners were notified that any unpaid charges. of fees may be assessed against the property. 1024Nuisance Sp Asmt III. BASIS OF RECOMMENDATION A. POLICY • The nuisance properties were not maintained by the owners and the City incurred costs to abate the nuisance. • Minnesota State Statutes provide that the City may levy a special one- year assessment for these costs. • Notice of the certification was published in the Sun Current on October 5, 2006. B. CRITICAL ISSiTES • N/A C. FINANCIAL • The proposed special assessment for nuisance abatement is $253 with an additional 6% interest penalty. • The proposed special assessment for weed destruction is $1,363.40 with an additional 6% interest penalty. • Costs incurred for City staff time in the clean up of the properties are included in the special assessment amount. • A $25 administrative fee is charged to all properties. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution levying special assessments for nuisance abatement for one year with 6% interest. • Resolution levying a special assessment for weed- destruction for one year with 6% interest. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~to-~ RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AND FALSE ALARM FEES BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following described properties are hereby specially assessed iri the following. amounts for expense incurred by the City in connection with abatement of a nuisance health hazard and a safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit: PROPERTY ID ADDRESS AMOUNT NUISANCE ABATEMENT: 35-028-24-42-0098 34-028-24-22-0028 33-028-24-21-0022 7544 15th Ave. So. 7032 Garfield Ave. So. 7038 Irving Ave. So. $69.00 $99.00 $85.00 2. The above special assessments are to be spread over one year at'the rate of 6% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed. by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk v~- RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The following described properties are hereby specially assessed in the following amounts for expense incurred by the City in connection with abatement of a nuisance health hazard and a safety hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit: PROPERTY ID WEED DESTRUCTION: ADDRESS AMOUNT 35-028-24-42-0098 29-028-24-41-0156 35-028-24-22-0096 29-028-24-42-0149 26-028-24-44-0025 26-028-24-13-0081 34-028-24-13-0045 34-028-24-31-0118 35-028-24-14-0116 7544 15th Ave. So. 6713 Queen Ave. So.. 7045 Portland Ave. So. 6615 Washburn Ave. So. 6845 17th Ave. So. 6524 15th Ave. So. 7345 Nicollet Ave. So. 7544 Nicollet Ave. So. 7344 Cedar Ave. So. $134.00 $125.00 $241.70 $125.00 $101.50 $86.20 $300.00 $125.00 $125.00 2. The above listed special assessment will be spread over a period of one year at the rate of 6% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CC5YIS~T AGENDA ITEM # y ~ REPORT # ~' . ~ S J STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAME, T/TLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR ,,J~ REVIEW: ® ,~CiO~ SIGNATU REVIEWED BY CITY MANAGER: ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Chiefs Towing, Inc. for Public Safety towing services for December 1, 2006 throu h November 30, 2007. I. RECOMMENDED ACTION: By Motion: • Approve the renewal of the attached contract for Public Safety towing services, December 1, 2006 through November 30, 2007 between the City of Richfield and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN; • Approve an increase of 6.4% in price for all categories of services, revised proposal attached. II. BACKGROUND The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services. Chief's Towing, Inc. was awarded the contract for 2006 and would like to renew the contract for the year 2007, as the contract expires on November 30, 2006. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. 1024 Chiefs Towing Contract Renewal Chief s Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services.. Their performance during the contract period was satisfactory. They meet all requirements stated in the contract and currently tow for Bloomington Police, as well. III.. BASIS OF RECOMMENDATION A. POLICY • Chief s notified the City that they wish to renew the contract. • The Public Safety Department wishes to renew the contract with. Chief's Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions-that must be met. Chief's Towing,-inc. is a-reputable,-established towing business that meets all contract requirements. B. CRITICAL ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1, 2006, Public Safety must have towing services. This is particularly important with the possibility of snow emergencies occurring at any time. • Chief's. is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. C. FINANCIAL • The current contract with Chief's reflects rates from 2006. Rates will increase 6.4% for the period December 1, 2006 -November 30, 2007. This is according to the Consumer Price Index as it relates to the Minneapolis/St. Paul Metropolitan area. Report available at www. bls.gov/ro5/cpi mpls. htm • There is adequate funding in the Public Safety budget to cover the increased costs. D. LEGAL • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. IV. ALTERNATIVE RECOMMENDATION(S) ~ • Do not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2006. ATTACHMENTS ~ • Towing contract for December 1, 2006 -November 30; 2007. • .2006 Specifications for Towing, Impounding and Storage of Motor Vehicles .(Exhibit A). • Revised Proposal form indicating rate changes for contract year beginning December 1, 2006 through November 30, 2007 (Exhibit B). • Consumer Price Lndex Report ;transportation. portion ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • ~vone. 4~~t AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2006, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610. Harriet Avenue South (hereinafter referred to as the "Contractor") WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2006, to November 30, 2007, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit 6). It is ~ ~.a agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as. Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. 4~~3 Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or .employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. ~Ic-~ b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and- conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $140.58 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. N. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis ,~ of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act. of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties ~~~ hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such. action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. DATED: DATED: DATED: CITY OF RICHFIELD BY: Its Mayor BY: Its Manager CHIEF'S TOWING, INC. BY: Its: ~~~~ EXHIBIT A 2006 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for .the. City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2006 and terminate on November 30, 2007. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted. in writing and be in the hands of the proper Director of Public Safety at least sixty (60) days prior to the. date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 1686 and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: The contractor must own or .have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under ~~~~ this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. Ail contents of such reports shall meet the approval of the Richfield Public Safety Director. ~c-~ 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private .tows. 9. While performing under this contract and under these specifications,. the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays) and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. 10. It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the .physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12.The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13. If an involved private owner/operator makes a timely request for a tow by other than .our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed., and the right is hereby reserved to call another service to perform the work. ~ G-~~ If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16.The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. 18. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: 1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy ~~-~ ~ must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to the approval by the .Richfield City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. ~~~~a REVISED PROPOSAL FORM • CITY OF RICHFIELD, MN PROPOSAL FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES TO THE CITY COUNCIL, CITY OF RICHFIELD CONSUMER PRICE INDEX INCREASE 12/01/05 12 MONTHS THROUGH ENDING 6/30/06 11/30/06 6.4% Towing of impounded cars ,trucks (under 1-1/2 ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers towed within the City of Richfield Towing charge for same from outside the City of Richfield Mileage charge for same Towing of trucks (larger than 1 ton capacity) within the City of Richfield Towing charge for same outside the City of Richfield ~lllileage charge for same Use of Winch with a tow Car (Per hour maximum of $66.06) Truck (Per hour maximum of $109.25) Use of Dolly Use of low-bed trailer or truck (Flatbed Required) Storage Charges First 24 hours or fraction thereof: A. Inside Storage B. Outside Storage Each Additional 24 hours or fraction thereof: A. Inside Storage B. Outside Storage Forfeitures $67.61 $67.61 $2.30 $112.68 $112.68 $3.12 $16.87 $28.21 $16.87 $84.52 $30.40 $22.54 $30.40 $22.54 Vehicles forfeited to the City of Richfield $140.58 City Owned Vehicles Towing of City vehicles less than 1 ton (within the City) Mileage charge for same outside of Richfield *Cents are rounded www.chiefstowing.com $4.33 $4.33 $.15 $7.21 $7.21 $.20 $1.08 $1.81 $1.08 $5.41 $1.95 $1.44 $1.95 $1.44 flat EXHIBIT B 12/01/06 THROUGH 11 /30/07 $71.95* $71.95" $2.45 $119.90* $119.90* $3.30* $17.95" $30.00* $17.95* $89.95* $32.35* $24.00* $32.35* $24.00* $140.58* $35.00 $2.45 1024 Chiefs Towing Contract Renewal Consumer Price Index Minneapolis-St. Paul,. MN-WI Page 2 of 6 from their year ago .level. t'f 'lG~' Transportation costs advanced 2.7 percent during the first half of this year. Gasoline prices were up 7.8 percent in the first half of this year compared with their average during the last six months of 2005. Compared with their average during the first six months of 2005, gasoline prices were up 27.6 percent. _. Overall .transport:ation.costs rose 6.4 percent over the year; _.... . more than two times higher than the 2.9 percent in the previous annual period. The medical care component gained 2.8 percent during the first half of 2006. Compared with the-first half average of 2005, medical care costs were 4.7 percent .higher, close to the 5.4 percent annual gain in the previous annual period. The food and beverages component increased 0.9 percent during the first six months of this year. The food at home index ('grocery food items), was up 0.8 percent and the food away from home index (cost of dining out), was up 0.5 percent. Alcoholic beverage prices were up 2.8 percent in the first half of 2006. Compared with the first half of 2005, .the food and beverages component was 2.0 percent higher. The food at home index and the food away from home index rose 1.0 percent and 2.9 percent over the year, respectively. Alcoholic beverage prices stood 4.2 percent above their first half 2005 average level; the highest increase since 2003. Recreation costs remained unchanged during the first six months of 2006, but .have increased 0.9 percent since the first half of 2005: The education and communications component gained 1.5 percent during the first half of 2006 and stood 3.3 percent above its year ago level. The other goods and services component, which includes personal care items and tobacco .and smoking products, rose 2.3 percent during this semiannual period. On an annual basis this component rose 7.1 percent. Tobacco and smoking: product s. were responsible for the increases. The apparel component increased 1.7 percent during the first half of 2006. Over the year, apparel prices in the Twin Cities. declined 3.2 percent. This decrease continues many years of annual declines, except for an increase in 2005. # # # ' Consumer Price Index Indexes for semiannual averages and percent changes for .selected periods, Minneapolis-St. Paul, MN-WI (1982-84=100 unless otherwise noted) ----------------------------------------------------------------------- I Semiannual I indexes Item and Group I------------- I lst ( .2nd I half I half 12005 I 2005 (Percent change average I to 1st half I 2006 from- ----------I------------ I ,1st I 1st I 2nd I half I half - half I 2006 - 2005 12005 http://www.bls.gov/ro5/cpimpls.htm 10/18/2006 AGENDA SECTION: ~~~ ,~C.eS!/Ie55 AGENDA ITEM # (a REPORT # a I ~P ~' STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new taxi license for Ecuadorian Express LLC, 2851 Central Avenue NE, Minnea olis. I. RECOMMENDED ACTION: By Motion: Approve a request for a new taxi license for Ecuadorian Express, 2851 Central Avenue NE, Minneapolis, and picking up fares in Richfield. II. BACKGROUND On September 27, 2006, the City received an application for a new taxi license for Ecuadorian Express. The required fees have been paid. The applicant is the sole owner of the business. At the present time, there will be one licensed vehicle.. The. Public Safety background investigation has been completed and reveals the following:. Carlos Arturo Illisaca Farez is a sole owner of the business. He has no known criminal record. 1024 New Taxi License for EcuadorianTaxi The certificate of liability insurance has been submitted showing American Country Insurance affording the coverage. At the present time, the number of vehicles that will be operating in Richfield will not exceed one; however, there is a possibility new vehicles could be added. The driver of the vehicle has a current taxi driver license for the City of Richfield. The applicant has supplied the information regarding the make, body style and year of the vehicle to be operated by the applicant and agrees to supply this information for any added vehicles in the future, as well as pay additional fees for additional vehicles making pick-ups within the City of Richfield. III. BASIS OF RECOMMENDATION. A. POLICY • The applicant meets the standards that are contained in the City's ordinance. B. CRITICAL ISSUES • One vehicle is currently listed on the application to be licensed as a taxicab. Therefore, no additional vehicles will be allowed to pick up patrons in the City without first obtaining the appropriate license. Future vehicles could be added to the license, providing that the ` proper paperwork has been completed, fees paid, and proof of current liability insurance submitted. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Deny the request for a new taxi company license for Ecuadorian Express. This would mean that the applicant could not pick up fares within the City of Richfield. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Carlos Arturo Illisaca Farez, Owner/Operator AGENDA SECTION: / (~P.C.G /"'f CQYI/'Li S AGENDA ITEM # ~ 'r REPORT # `~/ °~ J STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: .MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding an amendment to the Richfield Zoning Code rezonin 15 ro erties within the I-494 Corridor. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve th attached ordinance to Richfield City Code Appendix 1 to amend zoning district boundaries and rezone certain properties within the 1- 494 Corridor as Mixed-Use Neighborhood and Mixed-Use Community. (Continued from October 10, 2006) II. BACKGROUND On February 8, 2005 the Richfield Gity Council approved a moratorium for certain properties bounded by Knox Avenue, 77th Street, Cedar Avenue and Interstate 1- 494 (the Corridor). The moratorium was intended to provide time to conduct a planning study to ensure that the Zoning Ordinance and Comprehensive Plan were in compliance with one another, and to devise a vision for future development along the I-494 Corridor. 102406 -Rezoning 15 - 494 properties Following an extensive study, the Council approved a Comprehensive Plan Amendment for the Corridor on December 13, 2005, and the rezoning of most properties within the Corridor on January 10, 2006. In accordance with State law, the City cannot adopt zoning controls that are not in compliance with its Comprehensive Plan. Most of the rezonings proposed in January were in compliance with both the current Comprehensive Plan and the proposed plan and could therefore be rezoned immediately. For 15 properties within the Corridor, the proposed zoning was not in compliance with the existing Comprehensive Plan. In order to comply with Sate requirements, the City had to wait for approval of the new Comprehensive Plan by the Metropolitan Council before officially rezoning these 15 properties. The Metropolitan Council approved the City's amendment to the Comprehensive Plan on May 10, 2006. (This amendment included these 15 properties.) Five properties between 14th Avenue and Bloomington Avenue were further evaluated by staff; our consultant Hoisington Koegler Group Inc., and the property owner. Originally this area was proposed to be rezoned to the Mixed Use -Neighborhood (MU-N) District. It is now recommended that this area be rezoned to the Mixed Use - Community (MU-C) District for the following reasons: 1. The area has two unique locational characteristics. It is at the same elevation as -494 and it is located under the "cross-wind" runway flight path for the Minneapolis/St. Paul International Airport. 2. The Comprehensive Plan guides this area for multi-family Residential/Office (MFR/O), with the primary land use being multi-family residential, but also provides for commercial uses such as office and/or ground level retail uses. This Comprehensive Plan designation is consistent with the proposed MU-C zoning district. 3. Both the MU-C and MU-N zoning districts allow office uses; however, the MU-C allows office uses at greater densities than the MU-N District. .Proposed Rezonings: Properties West of Nicollet Avenue -Rezone to Mixed Use -Neighborhood (MU-N) • 100 78th .Street West • 200 78th Street West • 7700 Pillsbury Avenue • 7701 Pillsbury Avenue • 7709 Pillsbury Avenue • 7715 Pillsbury Avenue • 7717 Pillsbury Avenue • 7721. Pillsbury Avenue • 7721 Pillsbury Avenue • 7700 Wentworth Avenue • 7720 Wentworth Avenue Properties East of 12th Avenue -Rezone to Mixed Use -Community (MU-C) • 1400 78th Street East • 1420 78th Street East • 1500 78th Street East • 7700 Bloomington Avenue • 7711 14th Avenue Changes to the zoning designations of the above-noted 15 properties have the potential to create a number of non-conformities. Non-conformities can refer to .either a particular use or physical characteristic that exists prior to the adoption of additional controls which would no longer allow it. Some key points regarding non- conformities follow: • MN State Statute 462.357 allows owners of non-conforming businesses and/or properties to continue to operate indefinitely. • Owners may repair, replace, restore, perform routine maintenance, or improve their property, so long as the non-conforming use or occupancy is continued. • In the case of fire or other peril when the non-conformity is damaged. beyond 50 percent of the market value, a building permit must be applied for within 180 days in order to continue the non-conformity. Beyond 180 days, the City may impose reasonable conditions upon a building permit. • In deference to current property owners, the City has also included regulations that will allow for some expansion of non-conformities. The rules are summarized below: • Subdivision 1. Expansion of non-conforming uses. The City Council may allow expansion of legal non-conforming uses through issuance of a conditional use permit. Expansion may be allowed up to 10 percent of the gross floor area. Any expansion or modification of a legal non-conforming use should not impede implementation of goals and policies of the Vision Plan for the 1-494 Corridor. • Subdivision 2. Expansion of dimensional or bulk requirements. Existing legal conforming uses that do not meet dimensional or bulk standards of the Mixed Use Districts may be expanded with the approval of a site plan by the City Council. Expansion or modifications of a legal conforming use shall: a) Not increase the degree of non-conformity; b) Result in the building and property being in greater conformance with the goals and policies of the I-494 Corridor Land Use Plan; and c) Not impede implementation of goals and policies of the I- 494 Corridor Plan. • These are the same considerations that apply to properties within the Corridor that were rezoned in January 2006. III. BASIS OF RECOMMENDATION A. POLICY Section 506.03 of Richfield's Zoning Ordinance states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan". Current zoning. regulations do not adequately regulate development to be in conformance with the Comprehensive Plan. B. CRITICAL ISSUES • The proposed amendment allows existing uses to continue "as is" indefinitely. • Current zoning designations could inhibit the City's ability to achieve the coherent vision proposed for the Corridor in the Comprehensive Plan. C. FINANCIAL • Implementation is intended to occur over time through both private and public investment. D. LEGAL • Notification of this public hearing was published in the .Sun Current and sent to all property owners within 350 feet of the subject properties. • Other Actions: o The Planning Commission unanimously approved this item on August 28, 2006. o The first reading was held September 14, 2006. IV. ALTERNATNE RECOMMENDATION(S~ • Recommend denial of the proposed amendments to zoning district boundaries. V. ATTACHMENTS • Ordinance • Map of proposed rezonings VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Property owners and residents wishing to comment on proposed district boundary changes. ~-i ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE I-494 CORRIDOR AREA AS MIXED USE -NEIGHBORHOOD AND MIXED USE -COMMUNITY THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Appendix 1 to the Richfield Zoning Code is amended by adding the following paragraph to Section 15 to read as follows: (5) M-16 (S of 77th, Soo Line Railway to Wentworth) That area lying between the original center line of 77th Street and the center line of 78th Street, and between the center line of Wentworth Avenue and the West right-of-way line of the Soo Line Railway. Section 2. Appendix 1 to the Richfield Zoning Code is amended by adding the following paragraph to Section 16 to read as follows: (5) M-18 (S of 77th, 14th to Bloomington) That area lying between the original center lines of 77th and 78th Streets, and between the center lines of 14th Avenue and Bloomington Avenue. Sec. 2. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 3, paragraphs 49 and 68. Sec. 3. This ordinance constitutes a rezoning of the following properties: 100 78th Street West, 200 78th Street West, 7700 Pillsbury Ave South (portion south of 77th Street), 7701 Pillsbury Avenue South, 7709 Pillsbury Avenue South, 7715 Pillsbury Avenue South, 7717 Pillsbury Avenue South, 7721 Pillsbury Avenue South, 7700 Wentworth Avenue South, 7720 Wentworth Avenue South, 1400 78th Street East, 1420 78th Street East, 1500 78th Street East, 7711 14th Avenue South, and 7700 Bloomington Avenue South. Sec. 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 102406 -Rezoning 15 - 494 properties AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NaNrE TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding approval of a plat to subdivide 6444 Portland Avenue South into two sin le-famil lots. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution approving the preliminary and final plat for the subdivision of 6444 Portland Avenue South. (Continued from October 10. 2006 II. BACKGROUND Mr. Lyie Howg, personal representative of the Estate of Gladys Meyer, has submitted the attached plat requesting the subdivision of 6444 Portland Avenue. Mr. Howg proposes to subdivide the property into two single-family lots. Lot subdivisions are often processed through an application for a subdivision waiver, rather than through the platting process. It is the opinion of legal counsel that subdivision waivers should not be issued in cases of complicated legal descriptions, such as properties described in metes and bounds as this one is. Subdivision of such properties will only further complicate already difficult legal descriptions. 102406 - 6444 Portland Plat The existing lot at 6444 Portland Avenue is approximately 165 feet wide and over a - half acre in area. The proposed plat will create two large single-family lots with frontages of 90 and 75 feet. The approximate area of each lot is 1.1,790 and 9,825 square feet respectively. The existing single-family home is proposed to remain and .will continue to meet all setback and zoning requirements under the proposed plat. The attached preliminary plat illustrates how a possible house could be oriented on the newly created south .lot. While the footprint is illustrative only, it does demonstrate that a newly constructed house can also meet all set back requirements. III. BASIS OF RECOMMENDATION A. POLICY • The Council is required to approve plats or subdivisions of land if they meet a!I lot requirements, as this proposal does. • A public hearing is required. B. CRITICAL ISSUES • Hennepin County. has found the plat acceptable. • The City Attorney has recommended that the plat be submitted for review by the Council and that, if the plat is approved, it should be conditioned upon the applicant satisfying the items identified in the City Attorney's plat review which includes providing documents to help determine who would sign the plat as the owner has died and providing for a careful review of the legal description. • Planning Commission review is not required. • The new lot will approximate 131 ft. by 75 ft., while the .lot with the existing house will approximate 131 ft. by 90 ft. • The minimum width and area of a residential lot is 50 ft. and 6,700-sq. ft, respectively. C. FINANCIAL • The required $500 fee has been submitted. D. LEGAL • Notice of this public hearing was published in Sun Current newspaper. • Property owners within 350 feet of the subject property were notified by mail • The City attorney has reviewed the plat and resolution. TERNATIVE • Hpprove the plat witn revision: • Deny approval of the final plat ~ V . ATTACHMENTS ~ • Resolution • Preliminary plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • i im S_l RESOLUTION NO. RESOLUTION GRANTING FINAL APPROVAL OF A SUBDIVISION OF 6444 PORTLAND AVENUE SOUTH. WHEREAS, Lyle Howg, ("Applicant") has requested final approval for the division of certain parcels of land located at 6444 Portland Avenue South, legally described as: Parcel A: The South 165 feet of the North 690 feet of the East 176.13 feet of the Southeast'/ of the Northeast'/ of Section 27, Township 28, Range 24, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel One: Lot 1; Block 1; BRUSTAD ADDITION, Hennepin County, Minnesota. Parcel Two: Lot 2, Block 1, BRUSTAD ADDITION, Hennepin County, Minnesota. WHEREAS, a public hearing was held on the proposed preliminary and final plat of BRUSTAD ADDITION on Tuesday, October 24, 2006 at which all interested persons .were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of BRUSTAD ADDITION satisfies the requirements of the City's subdivision ordinances; 2. The Applicant must address to the city attorney's satisfaction the items identified in the city attorney's plat review regarding the legal description of the property and the required signatures on the plat; and 3. The Applicant must file the final plat with the Hennepin County Recorder or Registrar of Titles, within six (6) months of the approval of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006. Martin J. 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LN-- -'-~-~------ P O R T L A N D A V E N U E 5 c~ °s4 0 ;~wg w m~Nm ;~g~~ No~>= A og~=~ m m~ys= m ~ ~O O; Z D s n e ~ ~ .. 9 c a. ~ I i ~ ~ m •CD, i x~ ~ ~~a ~ x '~ ~ I n >0~4 ~ z O o ~+-. ~ ~ ~ ~ - ~ m a '.3 € ~ O - & G: ~ a C"° °s °a n: ~~ <r ' "' (') 4 z a, n ++lja ' 'e ~^"o°Sze a °e m~~~ m e use"'~°s o o' O u » , urns ~ .~~. yp~,n~3' ~~ ~'; 3 ua w~ O :tins, " __ 0 ~ - w 1 3 ss s° a'g'n~°~ ~ ~~ 71 oa ieN~ ~saoC; ~. g~ WDrw2 ~ ?tl~~ '3 _~- e vx~UO ~A ~ < 'f'~ -a» "°tl- 3e z 3 w m~ . 5n~ w 8S. pie ~~ o; _~ ~ .s ~~~=a _ oa ~ ;, a s D 'u R : ~ ~ea as n e 5 gos _ R'a3'° ` e Go 0 S ~ ~..N ~~g 83s 86~5~° ~C ~ ~ g ~ ~° ~"'? 8 aa8 ~ €49o 4 ~9'BE~..+~~ +7 ~ ~~ ' ~ a ~ ~ ~ ea~'E¢ nab? _~ N~~~ g~ 5 / E I ~~ y I. .~ S0 U7JH aFe ~ a S ~ °~ m ~ S6 .. oo°~~ $ s ;Roy g r.. ~ >~ s° ~ ^ ~ '= Leo s O ~ e~° °v? ~ °~ fi ~• S n s n 3 ° So 'e zg~ c ~°" s 'es '" s S ~°< 4S ~e s s ewNwo .+wu mm ~~~~ 8 LANE 9k ~~ ggg R~ €R ~€ q~ ~ e ~ $~ ~ ~o g ~~ $€ R y >o 43 ~ €~>^ mono ~ 1 [033 i "~QO r r o s s 6 do ~ ~ . r.• e 9 O O N m O m 3 m i D AGENDA SECTION: ~E'So ~fR.-'~"LDriS AGENDA ITEM # REPORT # a,j 9 J STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution providing for the sale of $2,500,000 General Obligation Storm Sewer Revenue Bonds, Series 20066. I. RECOA~IlVIENDED ACTION: By Motion: Approve the attached resolution providing for the ale of $2,500,000 General Obligation Storm Sewer Revenue Bonds, Seri s 20066. II. BACKGROUND The Storm. Sewer utility fund of the City is responsible for the treatment and disposal of stormwater within the City. As such the operation serves two purposes: • To provide protection of property from damage due to flooding in the City and; • To provide environmentally responsible treatment of stormwater. Consequently, to fulfill these two purposes, the Storm Sewer utility fund has identified several projects that are necessary. The cost of these projects is estimated to be $2,440,000 and the funding for the projects is to be from a G.O. Storm Sewer Revenue Bond. One of the projects included in the $2,440,000 is $600,000 for the Storm Sewer Utility's share of the new City Main#enance Facility. Originally, funding for this part of the total maintenance facility was to come from existing cash of the Storm Sewer fund. However, staff is now recommending that this cost be included in the proposed bond issue in order to preserve the existing cash balance in the fund of approximately $750,000 so it will be available for the following uses: • The final debt service payment due February 1, 2007 of $229,500. • Potential use of storm sewer funds for storm sewer projects in the Cedar Point development • To fund existing current operations and storm sewer projects. • The new debt service will average $195;080 annually beginning in 2008. • Funding of the storm sewer portion of right of way projects in the MSA Fund. Finally, it is expected the fund will continue to maintain. a .positive cash flow in the near future with the new bond issue debt service requirements and other additional cash requirements. III. BASIS OF RECOMMENDATION A. POLICY • The City has made the commitment to provide for the treatment and disposal of storm water in the City. • As part. of the update of the City's Comprehensive Storm Water. Management Plan, the City Council will review and adjust the capital .improvement storm water priorities. B. CRITICAL ISSUES • These projects have been identified as necessary, and in order to proceed, funding is required through the issuance of a revenue bond. C. FINANCIAL • The total of the G.O. Storm Sewer Revenue Bonds to be issued is $2,500,000. • The total improvements before issuance costs is $2,440,000 and include the following: o I-35/64tt' Street Storm Sewer Upsizing $ 135,000 o Richfield Lake Improvement Project 650,000 o Augsburg Pond Lift Station 375,000 0 73~d Street & 1St Avenue Storm Sewer 680,000 o City Maintenance Facility 600,000 • The debt service of the bonds will be paid from storm sewer revenues. • Annual debt service is expected to average $195,080 over the life. of the bond. • Storm sewer utility rates for 2007 are proposed to increase by 3% over 2006 rates. However, this proposed rate increase is not tied to the issuance of the new debt. It is a result of anticipating increases in operational costs of the utility. In fact, the actual debt service of the new bonds will be approximately $25,000 less on an annual .basis than the current. bond issue maturing February 1, 2007. • All improvements proposed, with the exception of the I-35W/64th Street Storm Sewer Upsizing, are included in the 2007 Capital Improvement Budget and the 2008-2011 Capital Improvement Plan included in the 2007 Proposed Budget. The 64th Street project is a MnDOT project, and the cost reflected is the City's share as a result of the City's request to upgrade the flow capacity of the existing project. D. LEGAL Legal counsel has reviewed the Pre-Sale report and the attached resolution. IV. ALTERNATIVE RECOMMENDATION~S~ • .Decide not to proceed with the sale of bonds and postpone or reduce the planned storm sewer improvements. V. ATTACHMENTS • A Resolution Providing for the Sale of $2,500,000 General Obligation Storm Sewer Revenue Bonds, Series 2006B. Bond Pre-Sale Report. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sid Inman, Ehlers & Associates, Inc. • Rebecca Kurtz, Ehlers & Associates, Inc. ~- RESOLUTION NO. RESOLUTION PROVIDING FOR THE SALE OF $2,500,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 20066 WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,500,000 General Obligation Storm Sewer Revenue Bonds, Series 20066-(the "Bonds") to finance the storm sewer improvements in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc. in Minneapolis, Minnesota (Ehlers), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the ,City Council of the City of Richfield, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 6:30 p.m. on November 28, 2006, for the purpose of considering sealed proposals for and awarding the. sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk /'-' City of Richfield, Minnesota Pre-Sale Report October 24, 2006 Proposed Issue: $2,500,000 General Obligation Storm Sewer Bonds, Series 2006B Purpose: The $2,500,000 General Obligation Storm Sewer Bonds, Series 2006B, are being issued pursuant to Minnesota Statutes, Chapters 444 and 475. The bonds are being issued to finance improvements to the City's storm sewer system. Term/Call Feature: The Bonds have a 20-year term, with the first principal payment in February 2008 and maturing in February 2027. The bonds will have a 15-year call date, and the bonds maturing February 1, 2022, will be callable February 1, 2021, and any date thereafter. Funding Sources: Debt service for the $2,500,000 General Obligation Storm Sewer Bonds will be paid from storm sewer revenues. Discussion Issues: Following is a summary of key factors in the finance plan: • The Council may need to consider raising rates sometime in the future to make the debt service payments. • The City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501(c)3 corporations) is not expected to issue more than a total of $10,000,000 in tax-exempt debt during this calendaz year. This will allow the Bonds to be designated as bank qual fed. Having bank-qualified status may decrease the interest rates. • Because the City is issuing more than $5,000,000 in tax-exempt obligations during calendar year 2006, the debt will be subject to arbitrage regulations. • The bonds will berated by Moody's Investor Service. The City currently has an Aa3 rating on its General Obligation Debt. • The Bonds will be global book entry with a bank designated as the paying agent. As "paperiess" bonds, you will avoid the costs of bond printing and annual registrar chazges. 9- 3 The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. Bidders on this issue may submit a bid, which contains a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. • Because the aggregate amount of this issue is over $1,000,000 and the City will be obligated to comply with Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Schedule: Pre-Sale Review: Distribute Official Statement: Rating call with Moody's Bond Sale: Estimated Closing Date: Attachments: Sources and Uses of Funds Proposed Debt Service Schedules Ehlers Contacts: Financial Advisors: Bond Analysts: Bond Sale Coordinator: October 24, 2006 November 9, 2006 Week of November 13, 2006 November 28, 2006 By December 3 1, 2006 Sid Inman (651) 697-8507 Rebecca Kurtz (651) 697-8516 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. City of Richfield $2,500,000 G.O. Storm Sewer Bonds Dated.• December I, 2006 Sources &-Uses Dated 12/01/2006 ~ Delivered 12/01/2006 . Sources Of Funds Par Amount of Bonds ................................................................................................................................................................................ $2,500,000.00 Total Sources ........................................................................................................................................................................................... $2,500,000.00 Uses Of Funds Total Underwriter's Discount (1.200%) ................................................................................................................................................ 30,000.00 Costs of Issuance ....................................................................................................................................................................................... 28,000.00 Deposit to Project Construction Fund ..................................................................................................................................................... 2,440,000.00 Rounding Amount ...........................................................................:........................................................................................................ 2,000.00 Total Uses .............................................................................................................................................................................................. $2,500,000.00 Ser 07$2.334 GO Stan Swr / S7NGLEPURPoSE / 70/9/2006 / 77:57AM Ehlers & Associates, Inc. Leaders in Public Finance Pass ~ ~~~ City of Richfield $2,500,000 G.O. Storm SewerBoncl's Dated. December 1, 2006 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 12/01/2006 - - - - - 08/01/2007 - - 75,348.33 75,348.33 - 02/01/2008 65,000.00 4.100% 56,511.25 121,511.25 196,859.58 08/01/2008 - - 55,178.75 55,178.75 - 02/01/2009 85,000.00 4.150% 55,178.75 140,178.75 195,357.50 08/01/2009 - - 53,415.00 53,415.00 - 02/01/2010 90,000.00 4.150% 53,415.00 143,415.00 196,830.00 08/01/2010 - - 51,547.50 51,547.50 - 02/Ol/2011 90,000.00 4.200% 51,547.50 141,547.50 193,095.00 08/01/2011 - - 49,657.50 49,657.50 - 02/Ol/2012 95,000.00 4.250% 49,657.50 144,657.50 194,315.00 08/01/2012 - - 47,638.75 47,638.75 - 02/01/2013 100.,000.00 4.300% 47,638.75 147,638.75 195,277.50 08/01/2013 - - 45,488.75 45,488.75 - OZ/01/2014 105,000.00 4.350% 45,488.75 150,488.75 195,977.50 08/0]/2014 - - 43,205.00 43,205.00 - 02/01/2015 110,000.00 4.400% 43,205.00 753,205.00 196,410.00 08/01/2015 - - 40,785.00 40,785.00 - 02/Oi/2016 115,000.00 4.450% 40,785.00 155,785.00 196,570.00 08/01/2016 - 38,226.25 38,226.25 - 02/Ol/2017 120,000.00 4.500% 38,226.25 158,226.25 196,452.50 08/01/2017 - - 35,526.25 35,526.25 - 02/Ol/2018 125,000.00 4.500% 35,526.25 160,526.25 196,052.50 08/01/2018 - - 32,713.75 32,713.75 - 02/Ol/2019 130,000.00 4.550% 32,713.75 162,713.75 195,427,50 08/01/2019 - - 29,756.25 29,756.25 - 02/01/2020 ]35,000.00 4.600% 29,756.25 164,756.25 194,512.50 08/01/2020 - - 26,651.25 26,657.25 - 02/01/2021 140,000.00 4.650% 26,651.25 166,65].25 193,302.50 08/01/2021 - - 23,396.25 23,396.25 - 02/01/2022 150,000.00 4.650% 23,396.25 173,396.25 196,792.50 08/01/2022 - - 19,908.75 19,908.75 - 02/Ol/2023 155,000.00 4.650% 19,908.75 174,908.75 194,817.50 08/01/2023 - - 16,305.00 16,305.00 - 02/Ol/2024 160,000.00 4.700% 16,305.00 176,305.00 192,6]0.00 08/01/2024 - - IZ,545.00 12,545.00 - 02/Ol/2025 170,000.00 4.700% 12,545.00 182,545.00 195,090.00 08/01/2025 - - 8,550.00 8,550.00 - 02/01/2026 175,000.00 4.750% 8,550.00 183,550.00 192,100.00 08/01/2026 - - 4,393.75 4,393.75 - 02/Ol/2027 185,000.00 4.750% 4,393.75 189,393.75 193,787,50 Total $2,500,000.00 - $1,401,637.08 $3,901,637.08 - Yield Statistics Bond Year Dollars .................................................................................... ................................................................................................... $30,391.67 Average Life .............................................................................................. .............................................................................................. 12.157 Years Average Coupon ...................................................................................... .................................................................................................... 4.6119125% Net Interest Cost (NIC) ............................................................................ ..................................................................................................... 4.7106238% True Interest Cost (TIC) ........................................................................... ..................................................................................................... 4.7335599% Bond Yield for Arbitrage Purposes ......................................................... .............................................................................................................. 4.5966254% Alt Inclusive Cost (AIC) ........................................................................... ..................................................................................................... 4.8635650% IRS Form 8038 Net Interest Cost ....................................................................................... ................................................................................................ 4.6119125% Weighted Average Mafurity ................................................................... ............................................................................................................ 12.157 Years 0752,334 Go Strm Swr / SJNGLEPURPoSE / JO/9/2A06 / 1J:57AM Ehlers & Associates, Inc. Leaders in Public Finance Page 2 AGENDA SECTION: ~rt"Jb' w-h Of`15 AGENDA ITEM # / p REPORT # Z Z~ ~~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: PAT SMITH, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of accepting property from Mt. Calvary Church for right-of-way purposes. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting property from Mt. Calvar Church for ri ht-of-wa ur oses. II. BACKGROUND On October 25, 2005 the City Council approved atwo-lane roundabout design for the new intersection at 66th Street and 17th Avenue. The project design included two bus pullouts on the north and south side of 66th Street, west of the new intersection. On June 27, 2006 the City Council approved the acquisition of four residential properties to accommodate the bus pullouts: 6600 17th Avenue 1614 East 66th Street 6601 16th Avenue -1620 East 66th Street The last remaining property to acquire for the bus pullouts is seventeen feet of Mt. Calvary's property along 66th Street which is .used for parking. 102406 - Mt. Calvary ROW Ryan Companies US Inc. (Ryan) and Mt. Calvary have come to an agreement on trading land with each other. (Please see attached map.) Under the agreement: 1) Mt. Calvary receives the property at 6509 16th Avenue purchased by Ryan. 2) Mt. Calvary receives a 12-foot strip of property located between Mt. Calvary and the future commercial development purchased by Ryan. 3) .Ryan constructs asix-foot decorative aluminum fence with gate between Mt. Calvary's parking lot and Cedar Point and an eight-foot cedar fence behind Mt. Calvary's school to 65th Street. 4) Ryan installs athree-foot high retaining wall between Mt. Calvary and the commercial development. 5) Ryan receives the property at 6532 17th Avenue from Mt. Calvary. 6) Mt. Calvary agrees to convey the 17-foot strip of land to the City for no fee. In exchange for the 17 feet of property along 66th Street, the City will be financially responsible for relocating the existing fence along the south side of the parking lot, relocating Mt. Calvary's monument sign, expanding the south parking lotto the new east property line, and seal coating and restriping the entire south parking lot. In the future, Mt. Calvary may expand its facilities north of the school at 6501 and 6509 16th Avenue. Additional off-street parking would be part of the expansion. III. BASIS OF RECOMMENDATION A. POLICY • On October 25, 2005 the City Council approved atwo=lane roundabout design for the new intersection at 66th Street and 17th Avenue and a financing plan concept for the proposed improvements. • On June 27, 2006 the City Council approved Just Compensation to purchase the four properties along 66th Street. B. .CRITICAL ISSUES • Under the proposed arrangement, Mt. Calvary gains 4,900 square feet of property, but loses 6 parking stalls from the south lot with the number of spaces declining from 52 to 46. • Ryan and Mt. Calvary have a verbal agreement that people attending church on Sundays may park in the Cedar Point Commons parking lot. • The proposed fence between Mt. Calvary and Cedar Point will have a gate with a lock operational from Mt. Calvary's side. The gate will be open on Sundays for access to the Cedar Point parking lot. • Ryan will perform the City's responsibilities and be reimbursed by the City. • Mt. Calvary has a mortgage on the property, and the church has agreed to obtain a release of the mortgage as to the land that the City will receive. The church expects to have the release by October 24; however, the City's acceptance of the deed should be conditioned upon the church obtaining and providing a partial release of mortgage to the City. C. FINANCIAL • Ryan has estimated the cost of expanding and restriping the parking lot, moving the wrought iron fence, relocating the monument sign, and relocating a security light to be $55,594. • The expense of these improvements will be funded using the 429 Special Assessment Bonds. D. LEGAL • Legal counsel drafted the attached resolution IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the acceptance of Mt. Calvary's property for right-of--way purposes. V. ATTACHMENTS Resolution .Legal description for proposed 66t" Street right-of-way Map of land exchange between Ryan, Mt. Calvary and City Map of the responsibilities of the three parties VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Duane Helm, representing Mt. Calvary • Molly Carson, Ryan Companies US, Inc. ~V~' RESOLUTION NO.06- APPROVING DONATION OF PROPERTY FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES WHEREAS, the City Council of the City of Richfield ("City") is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield, a Minnesota municipal corporation, acting by and through its City Council, is authorized by law to acquire real estate which is needed for public use or purpose; and WHEREAS, the City has undertaken a project to improve the intersection at 66th Street and 17th Avenue ("Project"); and WHEREAS, implementation of the plans and specifications for the Project requires that the real estate described in Exhibit A attached hereto ("Subject Property") be acquired; and WHEREAS, Mount Calvary Evangelical Lutheran Church ("Mount Calvary"), the fee owner of the Subject Property is willing to donate the Subject Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, that it is in the public interest for the City to accept the donation of the Subject Property. Adopted by the City Council this day of 2006. Martin Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 300127v1 CBRRC145-549 ~~~~ Exhibit A Legal Description of Subject Property The South 17.00 feet of Block 13, GIRARD PARKVIEW, according to the official plat thereof, Hennepin County, Minnesota. AND That part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 28, Range 24, Hennepin County, Minnesota, lying easterly of the east line of Block 13 and southerly extension thereof, GIRARD PARKVIEW, according to the official plat thereof, lying westerly of the southerly extension of the west line of Block 5, IVERSON'S THIRD ADDITION, according to the official plat thereof, and lying southerly of a line drawn parallel and 50.00 feet (measured perpendicular) northerly of the south line of the Southeast Quarter of the Northeast Quarter of said Section 26. 300127v1 CBRRC145-549 • a Zzzzz ~a E ~- CL lrl~ ~~ v ma~a ~. a~ (~ Z °"m& O QT O ~ V r~ 3 C ~ S~ C~~ Ip ~ w o 30.. 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WW LL Z a c ~ ' ~ ~ ~- - L - ~-- - ~-- - -~-J -~ ~ - J-•v- ~ o o - - - ~ ~ S '~AV H.L LT °'~ ~ I _ - , m~ -- ~= I ~ N I I I I I - - ~ ; _ ~ oo•oa- I -__ •- _ ' ~ I~ I I £L ~oo~g autl 3 sm3---- o y y - - - __ - ~ - OO'LL- - N . , __ S S_SAV H.L9T ; I u .- -- --._ _ - - - - ~~ W osima mQ ~a _ _o $Q o~ N C7 6MP'ANVAT/0-lZC-W-44L-SOOZ\OOC\6MP\W-44L-SOOZ\%aryoEwaO uoA'y\:d wog£:6 9002 '6Z daS r ~~c~c~c~a ~o- ~~; ~:.~F ~~~ ~~x U ~~ '.a W x 0 0 N W N L I I 4 I I 1 - -- ~~ ~- ~- $ ---------------------- - -s' /I ~ I ~ -_ ~ ~ I, I~ w~ ~i w ~ ~ ~ ~ ~ ~~ t ~ ~ o° o0 ~ ° ~ ~d. ~ + + N o' + ~ I ~ i T- i i I I; a T- ~ ~ ~ ~ I i ~ ~~~ x i r ~~0 aF Hzx x ~- ~~ ~o~ ~ ~ozo~~w~~ ~H H x v ~ H L ~"°aoaoaM°xW am~~ I A z Wz ~~ OA A ~ x ~U ~~ H N W ~~~=- - 'e 3. z 5 o J AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 f~~s©~~~ic~ns l~ 01~t REPORT PREPARED BY: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of land needed to complete the 66th ,Street & Portland Avenue Intersection Project at 6600 Oakland Avenue and 6600 Portland Avenue Sinclair . I. .RECOMMENDED ACTION: By Motion: Approve a resolution establishing just compensation and authorizing purchase of partial right-of-way takings located at 6600 Oakland and 6600 Portland Avenue. IL BACKGROUND The 66th Street and Portland Avenue Intersection Improvement Project requires additional right of way. Three single-family homes have been acquired and three commercial .properties will need to be acquired. Partial acquisitions are also expected on three commercial properties, one multi-family property, one single family home, one group home, and a narrow strip of land along the front of Veterans Memorial Park adjacent to 66th Street, which.wou(d be replaced with new parkland . contiguous to Veterans Park. Appraisal reports were prepared for the 6600 Oakland Avenue property (residential). -The review appraiser's recommended determination of just 1024PortlandPartials compensation is $36,200 for this partial acquisition. This amount reflects the real estate acquisition, permanent sidewalk and. utility easements and temporary construction easements needed and will be the basis for the offer to the property owner. Appraisal reports were prepared for the 6600 Portland Avenue property (Sinclair). The review appraiser's recommended determination of just compensation is $49,000 for this partial acquisition. This amount reflects the real estate acquisition, permanent sidewalk and utility easements and temporary construction easements needed and will be the basis for the offer to the property owner. Appraisal reports were prepared for the 601 East 66th Street property (T & T Automotive). The review appraiser's recommended determination of just compensation is $150,500 for this partial acquisition. This amount reflects the real estate acquisition, permanent sidewalk and utility easements and temporary construction easements needed. However, staff has been in discussions with the . landowner that include a possible land swap. Staff would like to continue those discussions and return to the Council for approval once a tentative agreement has been reached. III. BASIS OF RECOMMENDATION A. POLICY • Right of way acquisition procedures set forth- by the Minnesota Department of Transportation and the Federal Highway Administration are being followed. B. CRITICAL-ISSUES • Offers will be made to the property owners at 6600 Oakland and 6600 Portland upon receipt of Council's approval of just compensation and authorization to purchase. • Properties are being processed for Council's consideration for just compensation and purchase authorization as staff receives appraisals. C. FINANCIAL - • Funding for the purchase of these parcels will be provided by Hennepin County funds using Community Works Funds. D. LEGAL • The City attorneys have overseen the right of way acquisition process and will be available to answer any questions. ALTERNATIVE RECOMMENDATION(S) ~ . • Council may choose to delay approval of the just compensation and authorization to acquire these properties. ATTACHMENTS ~ • Resolution establishing just compensation and authorizing purchase of real estate property and necessary easements from properties located at 6600. Portland and 6600 Oakland. • Project map outlining properties impacted by the intersection improvements. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None. l i-( RESOLUTION NO. RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY, PERMANENT SIDEWALK AND UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS LOCATED AT 6600 PORTLAND AVENUE AND 6600 OAKLAND AVENUE (66TH STREET AND. PORTLAND AVENUE INTERSECTION IMPROVEMENT PROJECT) WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property and necessary easements pursuant to and in furtherance of the 66th Street and Portland Avenue Intersection Improvement Project (Project) heretofore adopted by the City of Richfield (City) said real property being described on Exhibit A, together with all abutting streets-and. alleys, vacated or to be vacated, and. all easements, gaps, overlaps and gores, .appurtenant thereto; and WHEREAS, the City has adopted a layout for Project improvements; and WHEREAS, the Project improvements necessitate the purchase of real property and easements appurtenant thereto; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property and easements within its corporate boundaries; and WHEREAS, the City has caused appraisals for the properties to be made by qualified independent professional appraisers to determine fair market value of real estate and easements; and WHEREAS, a qualified review appraiser has certified the real estate appraisal reports as being in conformity with appraisal standards; and WHEREAS, the Richfield Public Works Department and City Attorney have reviewed all appraisal reports and review appraisal reports prepared for the properties and the City-staff recommendations of just compensation for the real estate and easements, .and concur that such amounts should be determined by the City Council as the just compensation for such properties, as indicated in Exhibit A; and WHEREAS, the Richfield Public Works Department has also recommended that the City proceed to make offers to the owners of the properties in the just compensation amounts of $49,000 for the 6600 Portland Avenue real estate, permanent sidewalk and utility easement, and temporary construction easement, and $36,200 for the 6600 Oakland Avenue real estate, permanent sidewalk and utility easement, and temporary construction easement. WHEREAS, the just compensation amounts indicated are consistent with said appraisal reports and review appraisal reports. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Richfield, Minnesota as follows: l ~ ~~- 1. That the total just compensation for each of the individual parcels of real estate and easements are found to be the amounts indicated in this resolution. 2. That the City's staff and consultants are authorized and- directed to submit to property owners the City's offer to pay such just compensation amount for all interests in each such property and commence negotiations for the purchase of said property interests. 3. That the City's staff and consultants are hereby directed to notify, in writing, the owners of the properties that the City intends to acquire the property indicated in Exhibit A. 4. That the City Manager and Mayor are authorized to execute purchase agreements in a form acceptable to them and take all other actions necessary to complete the purchase of the property and easements for the amount of just compensation set forth in this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of October, 2006.. ` - Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~i-3 H m W ~ O N + + F- ~ M EF} ~ r ~ O ~ RJ N ~ O O O L ~ K? ~ ~ ~ ~ , E K W LL +~ o N O O _ N W ~ ~ ~ ~ ~ ~ O ~ O ~ ca ~ cv ~ ~ d O ~ .i.r C C~ ~' O ~ ~. C C Y ~' m O N ~ ~ ~ ~ ~ ~ N1 O ~ ,~«-, O ~ tQ ..-. O ° a ~ ° a ~ d m . H a i ~ °~ °~ o~ .«a >, E ~ ~ ~>, E ~ ~ Q a> ~= N m ~ ~ a~ a~= a~ ai l~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ cB Q W~ N W ~ ~ W 'O ~ W ~ ~i ~ c~~ O ~ ~ c~~ ~ tll Y ~ ~ ~' ~ ~ U N '1 ~ ~ Y ~ ~ U L D ~ f- ~ ~ ~ c0 ~ ~ +~ ~ ca I- ~ ~ ~ ~ cn ~ ~ ~- O ~' O ~ N N O ~ ~ E O ~ O O1 N +' O N ti E C N N N N O O ~ ~ Q .-. i Q .O ~ ~ ~ ~ L o a ~ U ~ ... ° ~- ~ c fl ~ ~ m ~ N M ~ U a AGENDA SECTION: ~f'$b~c-c7~"I DY?S AGENDA ITEM # ~ Z REPORT # 2Z 2 STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: CORRINE THOMSON, CITY ATTORNEY NAME, TI7ZE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: .- ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the First Amendment to Public Improvements and S ecial Assessment A reement. RECOMMENDED ACTION: By motion: Adopt the attached resolution approving the First Amendment to Public Improvements and Special Assessment Agreement. II. BACKGROUND Ryan Companies US, Inc. has undertaken a redevelopment project in the vicinity of 66th Street and Cedar Avenue that is known as the Cedar Point Commons project. The City has entered into various agreements with Ryan in conjunction with the project, including a Public Improvements and Special Assessment Agreement dated June 30, 2006. Under that Agreement, the City agreed to construct improvements to 66th Street, and Ryan agreed to have a portion of that cost assessed against the development property. The City and Ryan also agreed to continue discussions regarding other public improvements that would be constructed, including a regional storm water pond. Since June 30, some changes have occurred that have prompted the proposed amendment to the Public Improvements and Special Assessment Agreement. The amount of special assessments to be paid by Ryan had been determined, in part, based upon some costs that were anticipated but did not occur.. In addition, the City 1024Publicl m provements had agreed to pay for a portion of the storm water pond construction based upon additional costs that Ryan had expected to incur but did not incur. Sections 1, 2 and 8 of the proposed amendment reduce Ryan's obligation to accept special assessments and also remove the City's obligation to pay for a portion of the storm water pond construction. It is possible that the HRA or Ryan might request in the future that the City pay for a portion of the storm water pond, construction that relates to regional (as opposed to Cedar Point) storm water needs. If such a request is made, it would require City Council approval III. BASIS OF RECOMMENDATION A. POLICY • The agreement needs to be amended to reflect changed circumstances. B. CRITICAL ISSUES • At-the time the agreement was initially approved, the parties anticipated that Ryan would incur certain additional costs, and the agreement allocated those costs between Ryan and the City. • Ryan has not incurred the costs, and the agreement should be amended to reflect that change in circumstances. C. FINANCIAL • The amendment eliminates the City's obligation to pay for storm water pond improvements and .decreases Ryan's special assessment obligation. • Any future request for the City to pay for a portion of the storm water pond improvements would require City Council approval. D. LEGAL • The City Attorney prepared the proposed amendment. IV. ALTERNATNE RECOMMENDATION(S~ • Do not approve the resolution. V. ATTACHMENTS • Resolution • First Amendment to Public Improvements and Special Assessment Agreement VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None. i~-~ RESOLUTION NO. RESOLUTION APPROVING FIRST AMENDMENT TO PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS AGREEMENT WHEREAS, the City and Ryan Companies US, Inc. have entered into a Public Improvements and Special Assessments Agreement dated June 30, 2006 (the "Agreement"); and WHEREAS, the City and Ryan desire to amend the Agreement to address changed circumstances. NOW, THEREFORE, BE IT RESOLVED by the City of Richfield, Minnesota as follows: 1. The First Amendment to Public Improvements and Special Assessments Agreement is approved. 2. The Mayor and City Manager are authorized to execute the First Amendment to Public Improvements and Special Assessments Agreement on behalf of the Council and to take all actions and do all things that are reasonable necessary to the fulfillment of the City's obligations under the Agreement. Approved by the City Council of the City of Richfield this 24t" day of October 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk /' ~r~ FIRST AMENDMENT TO PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENT AGREEMENT THIS FIRST AMENDMENT TO PUBLIC IMPROVEMENT AND SPECIAL ASSESSMENT AGREEMENT (this "Amendment") is made as of _, 2006, by and between RYAN COMPANIES US, INC., a Minnesota corporation ("Ryan"), and CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"). RECITALS _ _ A._ Ryan_and the City_ are parties to_that certain_Public Improvements and Special Assessment Agreement dated June 30, 2006 (the "Agreement"), regarding the making of certain improvements and the paying of certain special assessments related to Ryan's development of the Development Property described therein. B. The Parties desire to amend the Agreement as further set forth below. C. Capitalized terms not defined in this Amendment shall have the meanings assigned to them in the Agreement. NOW THEREFORE, in consideration of the mutual covenants of the parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Contribution b~yan. Section 2 of the Agreement is deleted in its entirety and replaced with the following paragraph: Contribution b~R~an. Ryan shall pay twenty percent (20%) of the cost of the Intersection Project; provided, however, that in no event shall Developer pay less than Four Hundred Sixty Thousand and No/100 Dollars ($460,000.00) nar more than Nine Hundred Ten Thousand and No/100 Dollars ($850,000.00) for the Intersection Project (the "Contribution"). Developer requires and the City agrees that $50,000 of the Contribution shall be used for the structural improvements in the roundabout and the landscaping for the Intersection Project. 2. Payment of the Contribution. Section 3 of the Agreement is deleted in its entirety. 3. Additional Public Improvements. Section 8 of the Agreement is deleted in its entirety. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same Amendment. This Amendment may be delivered by facsimile transmittal or other electronic communication of signed original counterparts. to-3 5. Headings. The paragraph and section headings or captions appearing in this Amendment are for convenience only, are not a part of this Amendment .and are not to be considered in interpreting this Amendment. 6. Amendment. Except as set forth herein, the Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the day and year first stated above. RYAN COMPANIES US, INC. By: _ Its: CITY OF RICHFIELD By: Its: sy: Its: -2- AGENDA SECTION:. ~U S1/')t$S AGENDA ITEM # / 3 .REPORT # of o~ 3 STAFF REPORT CITY. COUNCIL 1WIEETING OCTOBER 24, 2006 ITEM FOR. COUNCIL CONSIDERATION: Consideration of a Purchase Agreement between the City and Jack Mooney, owner of BP, as art of the 66th Street & Portland Avenue Intersection Project. L RECOMMENDED ACTION: By Motion: Authorize the Mayor. and City Manager to execute the proposed Purchase. Agreement between the City. of Richfield and Jack Mooney of Mooney Properties, LLC for the acquisition of the ro ert located at 6545 Portland Avenue. II. BACKGROUND The BP gas and service station. located at 6545 Portland Avenue has been- identified as a required total acquisition in order to proceed with the .66th Street and .Portland. Avenue Intersection Project. Staff has negotiated with the property owner to reach a proposed purchase .agreement, acceptable and reasonable, for the taking of this property. The proposed settlement offer of $1,680,959.32 takes into account land values, any potential claims for loss of going :concern, and relocation reimbursement benefits. It also avoids any risk. and costs associated with litigation.. The closing is tentatively scheduled for January 24, 2007. 1024BPagreement REPORT PREPARED BY: KRISTIN ASxER, ASSISTANT. CITY ENGINEER NAME, TI7ZE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW:. REVIEWED BY CITY MANAGER: .III. BASIS OF RECOMMENDATION A. POLICY • This property has been identified as necessary to be acquired for the 66th Street and Portland Avenue Intersection Improvement Project. • Right of way acquisition procedures set forth by the Minnesota Department of Transportation and the. Federal Highway - Administration are being followed. B. CRITICAL ISSUES • The property owner has indicated his desire to move forward with the acquisition process as fast as possible. so that he has-ample time to plan. for his .relocation and increase the ikelihood of keeping his business within Richfield. G FnvANCL~L, • Funding for the purchase of this acquisition will be provided by Hennepin County funds using Community Works Funds. D. LEGAL • The City attorneys have overseen the. right of way acquisition process and .will be available to answer any questions: IV. ALTERNATIVE RECOMMENDATION~S~ • Do not authorize the Mayor and City Manager to enter into proposed Purchase Agreement and direct. staff on how to proceed. V. ATTACHMENTS • Proposed Purchase Agreement VI. PRINCIPAL.PARTIES EXPECTED AT MEETING • Jack Mooney, owner of property to be .purchased K ,- r3 l .Commercial PURCHASE AGREEMENT THIS AGREEMENT is made as of this day of , 2006, by and between Mooney Properties, LLC, a Minnesota limited liability company. {"Seller") and the City of Richfield , a Minnesota municipal corporation. ("City' or "Buyer"): RECITALS A. Seller is the -owner of property located at .6545 Portland Avenue South, Richfield, Minnesota, which is legally described on the attached Exhibit A ("Property"). B. There is no moveable personal property- included in the sale.. This sale does "include- all immoveable fixtures on the Property, which are identified on the. attached Exhibit B. AGREEMENT 1. Offer/Acceptance, for Sale of Property. The Seller agrees to sell to the .City the Property and the City agrees to purchase the same, according to-the termsof this,Agreement.: 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total Purchase Price for the Property. is One Million Six ~' Hundred :Eighty Thousand Nine Hundred Fifty-Nine and 32/1OOths Dollars ($1,680,959.32). , The total Purchase Price .includes $54,000.00 in settlement of relocation benefits and reimbursement of appraisal fees, as further detailed at paragraph 17 of this .Agreement. The amount paid for real estate and fixtures only is the .difference between those two- amounts, which is $1,626,959.32. B: TERMS: (1): EARNEST MONEY. The sum of Zero Dollars (-0-) Earnest Money shall be paid by the Buyer to the Seller. (2); BALANCE DUE SELLER: Buyer agrees to pay by check or electronic transfer of funds on .the Closing Date any remaining Balance Due according to the terms of this Purchase Agreement. (3): DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying 300009v3 CAH RC145-571. r - _. - ~ ` ~~,a ~~ ~~ marketable title to the Property to Buyer; subject only to the following -- exceptions: a. Building and zoning laws, ordinances, .state and federal regulations b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public. utility and drainage easements of record -which will; not interfere with Buyer's intended use of the Property. d. Use restrictions relating to the operation of a gas station on the Property.. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to -the Warranty Deed required at paragraph 2B(3) above, Seller. _ shall deliver to the Buyer: a. Standard form Affidavit of Seller.. b. A "bring-down" certificate; certifying that all of the warranties made by Sellers in this Purchase Agreement remain. true as of the :date of closing. c. Certificate that. Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer. discloses the existence of petroleum product or .other pollutant, contaminant or other hazardous substance on_the Property, either (i) a closure letter from the Minnesota Pollution Control ...Agency (MPCA) or other. appropriate regulatory authority. that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the City may require. e. Lease, in a form to be prepared by the City, consistent with paragraph 8 of this Agreement. £ Well disclosure certification, if required, or, if there is no well on the Property,_the Warranty. Deed given pursuant to paragraph 2B(4) above must include the following statement:. "The. Seller certifies that the Seller does not know of any -wells on the described .real property." g. Any other documents reasonably required by the City's title 300009v3 CAH RC145-571 • I3--3 ~ insurance company or attorney. to evidence .that title to the Property is marketable and that Seller has .complied with the' terms of this Purchase Agreement. h Thee documents .described or referred to in Exhibit A attached hereto, 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 4 of this .Agreement. b. Buyer's determination, in its sole discretion, that the results of the.. environmental investigation under this Agreement. are -satisfactory to ..Buyer; and c. Approval of this Agreement by the City's City Council. Buyer shall. have until the Date of Closing to remove. the foregoing contingencies. "The contingencies at a and b. are solely for the benefit of Buyer and may be waived by Buyer. The contingency. of c. may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies at a., b. and c. are duly satisfied. or waived, the Buyer and Seller shall proceed to-close the transaction as contemplated herein. The Property.. is .subject to a right of first refusal, and Seller's obligation to sell is contingent upon the failure of the holder of the. right of first refizsal to timely exercise the right of first refusal. Seller agrees that, immediately upon execution of this Agreement, Seller will provide the notice required by the right of first refizsal. If the holder of the right of first refusal timely exercises that right,. this Agreement will be null and void. If one or more or Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived,: this Purchase Agreement shall thereupon be void at the written option of Buyer, Seller shall return the .Earnest Money to Buyer, and Buyer and: Seller shall execute and deliver to each .:other the termination of this Purchase Agreement. As a contingent Purchase Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 4. Title Examination/Curing Title Defects. The City shall, at its"expense .and within a reasonable time after Seller's acceptance of this. Agreement, obtain a commitment. for title insurance. ("Commitment") for the Property.- The City shall have ten (10) business days after receipt` of the commitment and executed Purchase Agreement to examine the same and to deliver written objections to.title, if any, to Seller, or City's right to do so shall be deemed waived. Seller shall have until the Closing Date (or such later date as the parties may agree upon) o make title marketable, at the Seller's cost. In the. event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Closing Date, then, this Agreement maybe terminated at the option of the Buyer.. 300009v3 CAH RC145-571 • ~~~ i~TeY ~~- - 5. Environmental Investigation. Buyer and its agents shall have the right to enter upon the Property after the date of this Purchase Agreement for the purpose of inspecting and surveying the Property and conducting. such environmental examination .and tests as Buyer.: deems necessary.: Buyer. agrees. to indemnify the Seller against any liens, claims, losses, or damage occasioned by Buyer's exercise of its right to enter and work on the Property.. Buyer .agrees. to provide Seller with a copy of any report as a result of such examination and tests. 6. Reap Estate Taxes and: Special Assessments. Reap estate taxes payable in the year of closing will be pro-rated between the Buyer and Seller to the date of closing. Seller shall pay all real estate taxes payable in previous years;' the entire unpaid balance of special assessments, and all installments of special assessments levied: and pending; including special assessments payable after-.the .year of closing. Seller also agrees to pay all assessments related to service charges furnished to the .Property prior to the date of .closing (e.g.; delinquent. water or sewer bills), including those charges. levied, pending, or certified to taxes payable in the yearof closing.' The provisions of this paragraph, are not intended to alter the Seller's obligation to pay. real estate taxes under the lease to be delivered in accordance with paragraph 8 of this Agreement.. 7. Closing Date. The date of closing .will be on or before January 24, 2007. Delivery of all papers and the closing shall be made at the. offices of City, 6700 Portland Avenue South, Richfield, Minnesota 55423; or at such other location as is mutually. agreed upon`by he parties. All deliveries and notices to City shall be made to the above address and marked to the attention of Kristin Asher. 8. Possession/Lease/Removal of Property/iJtilities/Escrow.. (a) Possession/Lease. City and Seller agree to execute at Closing a lease, in a form to be prepared by City, that conforms to the. material terms- set forth in this paragraph. The term of the lease shall be from month-to-month, but shall require 90 days' advance written notice of termination by City as lessor to Seller as lessee. Rent shall be payable on the first day of each month and shall be Zero Dollars ($0.00) per month for the first four months of the lease term and Three Thousand Four Hundred Fifty Dollars per month ($3,450.00) for the remaining lease .term. If Seller as lessee vacates. possession of the Property prior to the expiration of the .lease term, rent shall be abated. to the date that possession is delivered to the City as lessor. The lease may not be assigned or subleased. Seller as lessee is responsible for paying all real estate taxes attributable. to the Property as a result of the lease; even if the taxes are payable after termination of the lease; Seller is aware that. private use of the Property in one calendar year may .result in taxes payable in a following calendar year. Seller as lessee shall pay all charges for sewer, water; electric, gas, and cable television (collectively, "utilities") provided to Properly during the term of the lease. - The City may deduct charges for unpaid utilities incurred during -such :period .from the escrow provided in this paragraph. Seller as lessee is .also. ..responsible for the cost of maintaining and making routine repairs to the Property during the .lease term. `Seller as lessee must maintain casualty and liability insurance on the Property-during the term of the lease, in commercially reasonable amounts as agreed upon by the_parties. If the. Property is damaged by any cause whatsoever, the City shall 300009v3 CAH RC145-571 . e ~' ,T 3~ ~Jf :. ~ ,., ` ~ `, have no obligation to make any repairs to the Property, and .Seller as lessee shall have the option of terminating the lease or undertaking the repairs at Seller's sole. cost. (b) Removal of Property. Seller agrees to remove from the Property all-.debris and items. of Seller's personal property- not included in this sale prior to expiration of the lease. Items not removed by that date and time will be disposed of by the City, and the .cost of disposal will be .deducted from the escrow provided in Paragraph 8(e). (c) No encumbrances.. Seller agrees not. to place any liens or encumbrances on the Property. after the date of this Purchase Agreement. (d) Escrow. Seller agrees. that, at closing, the City may retain Five Thousand Dollars ($5,000.00) from the purchase price for the Property as an Escrow for payment of personal property removal, disposal charges and utility.. charges. The retained .amount, less deductions provided for this in paragraph 8, will be delivered to Seller no later than 60 days following the. date of closing or delivery of possession,. whichever is later; Said funds shall beheld by Kennedy Graven, Chartered, as Escrow Agent, pursuant to the terms of the Escrow Agreement attached here as Exhibit C. (f) The City's ability to deduct. amounts due under this paragraph from the retained escrow is not. exclusive but is in addition to the City's rights at law and equity to collect such amounts from: Seller. The :Seller is responsible for the amounts. due under this paragraph even if: (i) the.Cityneglects to deduct the amount from escrow; or (ii)-the escrowed amount is insufficient to pay all amounts-due under this paragraph 8. 9. Cancellation Fee. In addition to the Purchase Price; the City agrees to reimburse Seller. for any cancellation fee that Seller is required to pay to BP Amoco [need ..correct name] for the .termination of Seller's gas distribution agreement. with. BP Amoco [need correct name], up to a maximum reimbursement of Five Thousand Dollars ($5,000.00). City agrees to pay the _ reimbursement due under this. paragraph within 3 0 days after presentation by Seller of written documentation evidencing the termination of the gas distribution agreement and the amount. paid by Seller for cancellation of the agreement. The provisions of this. paragraph are not intended-for the benefit of any third party and shall be enforceable solely by Seller and City. 10. Well Disclosure. Seller has provided Buyer with a separate well disclosure statement and will provide a well disclosure certificate at closing. [This disclosure has not been: received and should be .received prior to council approval of -the :agreement.] 11. Seller and Signatory Warranties. {a) Sewer and water. Seller warrantsthat the Property is connected to City sewer and City water: (b) Mechanics' Liens. Seller warrants that, prior.. to the closing,. Seller shall pay in full all amounts. due .for labor, materials, machinery, fixtures or tools furnished within the 120 days 300009v3 CAH RC145-571. 1 ~ immediately preceding the closing in connection with construction, alteration or repair- of any .structure upon or improvement to the Property. (c) Notices. Seller warrants that it has ..not received any notice from any ..governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Corporate Authority. Seller warrants that it is the owner of the Property, that is has.. full authority to enter. into this Purchase. Agreement .for the .sale of the Property, and that there are no other parties who hold any unrecorded interest in the `Property. (e) Authority of Signatories. The signatory:. to this. Purchase Agreement represents and warrants that he is an authorized representatives of the Seller and that he has the authority to enter into this Agreement on Seller's behalf.. 12. Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in' connection .with this Purchase; Agreement or the transaction contemplated by this Purchase Agreement.. Each party agrees to indemnify, defend, -and hold harmless the other. party against and in respect of any- such obligation .and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with anythird person. 13. Zoning and Licensing .Approvals; Investigation of Relocation Site.. Seller currently. operates a gas service and convenience station on the Property and desires to relocate his existing business to another location. This Agreement is not contingent or conditioned. in any way upon Seller's ability to find a suitable site for relocation,- and Seller assumes all risk of securing a relocation site and obtaining any necessary governmental approvals for that site. The parties established the Purchase Price with full knowledge and consideration of that risk, and Seller has compromised and settled .any all potential claims against City for loss of going concern as part of this Agreement. If Seller finds. a potential relocation site. in the City of Richfield, City staff will meet with Seller as needed to review the City's zoning requirements -for the proposed site. City staff has informed Seller that the operation of a car wash .and the operation of aused auto dealership both require a conditional use permit that requires a public hearing and city council approval. The City cannot contractually bind itself to grant zoning. approvals, and any application for zoning approvals that Seller makes will be judged on its merits, .without regard to this Agreement. The City staff will inform Seller of the City staffls recommendation regarding any such application at the earliest possible date after Seller .provides City staff with a completed application. Seller has- identified as a potential relocation site. a property that is impacted by the City's road improvement project, -and Seller has indicated. that the site would be suitable only if there are gas tanks on the site, The. City makes no representation or warranty to Seller regarding the condition of any potential relocation site, and Seller agrees that Seller must address any issue regarding the suitability of a potential relocation site in the Seller's purchase agreement for that site. 14. Closing Costs/Recording Fees/Deed Tax. The City will pay: (a) the closing fees charged by the itle insurance or-.other .closing .agent, if any, utilized to close the 300009v3 CAH RC145-571 n - ~ e~ transaction contemplated by this Agreement; (b) the premium for title insurance policy, if any, obtained by the City; and (c) any transfer taxes and recording fees required to enable the City to record its deed from Seller. under. this. Agreement. Seller will pay all other fees normally paid by sellers, including fees and .charges related. to the filing of any .instrument required to make. title marketable. Each party shall pay its own attorney fees. 15. Inspections. From the date of this Agreement to the Date of Closing, City; its employees and :agents, shall be entitled to enter upon the Property to conduct such surveying, inspections,. investigations, soil borings and .testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the City shall elect; provided, that .Seller is given at least 24 hours' notice to Jack Mooney at [need address]. Copies o f any such reports obtained by -Buyer shall be provided to Seller if the closing does not occur. 16. Risk. of Loss It there is any. loss or .damage to .the Property between the date hereof and the date of closing, for any reason including fire, vandalism, flood; earthquake or act of God,. the risk of lose shall be on the Seller. If the Property is destroyed or substantially damaged before the closing. date, this Purchase Agreement shall becomenull and:void, at the City's option. At the request of the City, Seller agrees. to sign a cancellation of Purchase Agreement. 17. Relocation.. Seller agrees. that .the Purchase Price is inclusive of any and all :amounts. for relocation benefits and appraisal fee reimbursement and that $50,000.00 of the Purchase Price. is allocable and payable as relocation benefits, and $4,000.00 is allocable and payable in reimbursement of appraisal fees.. Seller agrees that by acceptance of the consideration provided for herein, Seller releases and discharges the Cityand its officers, employees, agents, successors and assigns, of and from any and all- liability and claims, at law or in equity, and under any state or federal law, for relocation benefits or real and personal property taken, including damages, interest, and costs, arising out of or in connection with the acquisition of the Property. Buyer and Seller shall, contemporaneously with execution of this Agreement, enter - into the Addendum to Purchase Agreement attached hereto. 18. .Condemnation. The parties acknowledge that this Agreement was entered into under'threat of condemnation and that it reflects a settlement of all issues directly or indirectly related. to acquisition of the Property under eminent domain including but not limited to just. compensation, loss of going concern, responsibility for environmental liability, interest, appraisal fees, relocation benefits and expenses.: If for any reason the closing contemplated by this .Agreement does not occur, the parties agree that the terms of this Agreement will not be disclosed to any valuation expert retained in connection with an eminent domain proceeding and will not be offered as evidence in any proceeding to determine the value of the Property. 19. Notice. Any notice; demand; request or other communication which may or shall be given or served by the parties, shall be deemed to.have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited. in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: 300009v3 CAH RC145-571 .. _ _ ~ SELLER: Mooney Properties, LLC Attn:. John Mooney 1371 Maxine Circle Shakopee, MN 55379 BLTYERc City of Richfield Attn: Kristin Asher 6700 Portland Avenue South Richfield, MN 55423 AGENT: Kennedy & Graven, Chartered ATTN: Corrine H. Thomson and. Catherine B. Rocklitz 470 U.S. Bunk Plaza 200 -South Sixth Street. Minneapolis,. MN 55402 20. Entire Agreement. This Purchase Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and the City and supersedes any other written or oral agreements between the parties relating to the Property. This Purchase Agreement can be modified only in a writing properly signed on behalf of Seller and. the City. 21. Survival. Notwithstanding any -other provisions of law or court decision to the contrary, the provisions of this Purchase Agreement shall survive closing. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and. year above. CITY OF RICHFIELD. MOONEY PROPERTIES, LLC By: Its Mayor sy: Its: And by: Its City Manager 300009v3 CAH RC145-571 ` « x~ ~ EXHIBIT C Escrow Agreement THIS AGREEMENT entered into this day. of 2006, by and between MOONEY PROPERTIES, LLC, a Minnesota: limited liability company,..("Seller"), the CITY OF RICHFIELD,. a Minnesota municipal corporation ("City' or "Buyer"), and KENNEDY & GRAVEN, CHARTERED.("Escrow Agent" or "Agent"). RECITALS A. Seller. and Buyer have entered into a Purchase Agreement dated , 2006 ("Agreement")-for the sale of property located at 6545 Portland Avenue South, .Richfield, Minnesota and legally described. on the attached Exhibit One. (the {"Property"). B. The parties desire to close the sale of the Property on January 24, 2007. AGREEMENT The parties agree as follows: l . Delivery of Possession. Seller shall deliver possession of the Property to Buyer on or in accordance with the lease entered into by the parties. The lease requires the Seller to pay all utilities and to remove all. personal property from the Property upon expiration of the lease. 5. Uninsured Damages/Insurance Seller is responsible for any and .all damages that may occur to the Property before it vacates the Property that are not covered by insurance. At .all times during their occupancy of the Property Seller shall maintain a policy of public liability insurance covering themselves and the Buyer as additional insured, in the. amount of at least $1,000,000.00 and a policy of insurance. covering Seller's personal property. 6. Escrow.. (a) Upon closing and execution of this Agreement, Seller agrees to deposit into escrow the sum of $5,000.00 (the "Escrowed Funds") from the purchase price, to be held by Agent in anon-interest bearing account. (b) Within 7 days after requested by Agent, Buyer shall provide to Agent. (with copy to Seller) evidence of expenses incurred for the removal and disposal of personal property and for payment of utility charges .for services provided to the Property prior to date of possession, if any. Agent shall reimburse Buyer for the incurred expenses from the Escrowed Funds within 7 days following receipt of 300009v3 CAH RC145-571 ~, .such evidence from Buyer.. (c) Agent shall deliver to Seller the balance of the Escrowed Funds on deposit, less deductions provided for in paragraph 6(b), above, no later. than 30 days following vacation of the Property by Seller. (d) The sole duties of Agent shall be those described herein, and Agent shall be under no obligation to determine .whether the -other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Agent shall have no duty or liability to verify any :amounts deducted from the retained amount and .Agent's sole responsibility shall be to act expressly as set forth in this Escrow Agreement. 7. Escrow Agent Liability. The sole duties of Escrow Agent shall be those described herein; and. Escrow Agent shah be under no obligation to determine whether the -other parties .hereto are complying with .any requirements of law or the terms and conditions of any. other. agreements among. said parties. Escrow Agent may conclusively rely upon and shall be protected in acting on any notice believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable .due diligence on Escrow Agent's part. Escrow. Agent sha1L have no duty or liability to verify any such notice, and its sole responsibility shall be.to act expressly as set forth in this Escrow Agreement... Seller. and Buyer understand that Agent is legal counsel to the Buyer and each consents to Agent's serving as Escrow Agentnotwithstanding such representation. In the event Agent determines, in its sole discretion, that it cannot continue to serve as Escrow Agent herein, Agent shall deposit the funds with Old Republic National Title Insurance Company or such other Escrow Agent acceptable to Seller and Buyer. Seller consents to Agent's continued representation of Buyer after a deposit is made, and Buyer agrees to pay all escrow fees charged by the. substitute .Escrow Agent. 8. Notices. to be sent to the parties to this Agreement shall be sent by mail or personal delivery to: SELLER: Mooney Properties, LLC .Attn: John Mooney -1371 Maxine Circle Shakopee, MN 55379 :BUYER: City of Richfield .Attn: Kristin Asher City Hall 6:700 Portland Avenue South Richfield, MN 55423 300009v3 CAH RC145-5'71 (3~~3 AGENT: Kennedy & Graven, Chartered ATTN: Corrine H. Thomson and Catherine B. Rockltz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. SELLER: BUYER: MOONEY PROPERTIES, LLC CITY OF RICHFIELD By: By: Its:. Its Mayor And by: And by: Its: Its City Manager ESCROW AGENT: KENNEDY & GRAVEN, CHARTERED By: 300009v3 CAH RC145-571 r ~.. EXHIBIT A TO ADDENDUM TO PURCHASE AGREEMENT AGREEMENT REGARDING LIMITATION AND ASSIGNMENT OF RELOCATION BENEFITS THIS AGREEMENT REGARDING LIMITATION AND ASSIGNMENT OF RELOCATION BENEFITS-(this "Agreement") is made as of the day of , 2006, by and between MOONEY PROPERTIES, LLC ("Seller") and CITY OF RICHFIELD ("Buys'„)~ RECITALS: FIRST: Seller and Buyerentered into a purchase agreement (thee"Purchase Agreement") dated 2006, related to certain property in Richfield, Minnesota, legally described in Exhibit 2 attached hereto (the "Property"). SECOND: Buyer is acquiring the Subject Property in connection wth'a road. improvement project. FOURTH: Seller acknowledges that it has had the opportunity to seek seek and receive the. advice of legal counsel; Seller further acknowledges that it has met with a representative of Strgar-Roscoe-Fausch, Inc., relocation consultants, and has been specifically-advised as to relocation, moving, replacement housing and other costs .that maybe available to Seller under the Minnesota and Federal Uniform Relocation ..Acts (the "Acts"), available to business owners displaced by a governmental acquisition, and the specifics applicable to relocation for this Property as provided on the attached Exhibit 1. FIFTH: Seller and Buyer desire to enter into this Agreement to confirm their understanding of Seller's Limitation and assignment of any claim for any relocation benefits and/or other relocation costs due or payable to Seller, whether pursuant to the Acts or otherwise. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of -which are hereby, acknowledged, the parties hereto do hereby agree as follows: 1. Effective as of the date hereof, except for Fifty Thousand and no/100 Dollars ($50,000.00) (the "Settlement Amount") relocation, personal property, moving expenses and reestablishment expense payments payable to Seller as part of the Purchase Price .for the Subject. Property, Seller hereby disclaims and forever waives any- right to receive fiarther relocation payments pursuant to the Acts (or any other federal or state law) with respect to the Subject Property, and Seller acknowledges and agrees that said Settlement Amount is the entire amount of relocation payments to which Seller is entitled. 2. Effective as of the date hereof, except for said Settlement Amount for relocation, personal property, moving expenses and relocation replacement housing payment, Seller hereby sells, transfers and. assigns, in connection with and incident. to the .sale of the Subject Property, to Buyer, any benefits, payments, claims, or other rights due or payable to Seller pursuant to the. Act (or other federalor state: law) with respect to the Subject Property. Seller acknowledges' the purchase price. under the Purchase Agreement 300034x2 CAH RC145-571 ~ ~..~;- ,'~ 1~ includes the Settlement. Amount as full payment for all eligible relocation benefits due to the Seller. 3. Seller acknowledges that it has freely limited and assigned such rights of its own volition. 4. Seller acknowledges that it has limited and assigned: such rights with full knowledge of the specific relocation benefits to which they.. would otherwise be entitled and in recognition that the purchase price is inclusive of the Settlement Amount for relocation, personal property; moving expenses and reestablishment expenses. 5. This' Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 6. This Agreement shall be null: and void if the Purchase Agreement shall terminate. or if Closing under the Purchase Agreement shall fail to occur for any reason. IN WITNESS WHEREOF, this Limitation and Assignment of Relocation Benefits Agreement. has been executed. by the parties hereto as of the .day and year first above written. SELLER: BUYER`. MOONEY PROPERTIES CITY OF RICHFIELD By By Its Mayor By And Its City Manager Date: , 2006 300034v2 CAH RC 145-571 2 _ ?1t `~~ ~3~:~`~ : ~: , EXI3IBIT 1 Summary of Nonresidential Relocation Benefits. Personal Property Move 49 Code of Federal Regulations § 24.301(b) (1) A Professional Move-moves performed by a professional mover. Or 24.301(b) (2) B-Self Move. The property owner may .choose to conduct a self move either by documenting actual time and expenses; or payments made from the Fixed 1Vlovng Cost Schedule. Related nonresidential eligible expenses. 49 Code of Federal Regulations. § 24303 allows reimbursement ofthe following expenses as determined. to be actual, reasonable-and necessary: (a) connection to utilities inane right of way at the replacement site; (b) professional services performed prior fo the purchase or lease of a replacement site to determine its suitability for the business operation; (c) impact fees or assessments for anticipated heavy utility usage. Reestablishment Expenses. 49 Code of Federal Regulations § 24304 and 1Vlinnesota Statutes § 117.52, subd. l a -allow a payment; not to exceed $50,000, for reimbursement of eligible expenses actually incurred in 'relocating and reestablishing a small business at the replacement site, including: (a) repairs to the replacement. property. as required bylaw; (b) modifications to the replacement property needed to accommodate the business; (c) exterior signing at replacement property; (d) redecorating or replacement of worn surfaces at the replacement site; (e) advertisement: of the replacement site; (f) increased costs of operation during the first two years at the replacement site such as lease or rental charges; .property taxes, .insurance premiums, or increased utility costs; and (g) other items that the agency considers essential to the reestablishment ofthe-business. 300034v2 CAH RC 145-571 3 AGENDA SECTION: ~ ~ ' (I'~.5 S AGENDA ITEM # 1 REPORT # ~ a STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS ,SUPERINTENDENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Staff is seeking approval of the-space needs for the new City garage. Staff is also seeking direction on ursuin a multi le sto desi n. I. RECOMMENDED ACTION: By Motion: • Approve .the space needs identified in the revised needs assessment. • Direct staff to pursue the multiple story design and pursue some design options which would provide space for growth. II. BACKGROUND At the October 10 City Council Worksession, the latest space needs study was distributed. A brief overview of the space needs study is as follows: 1. The attached Space Needs Summary .identifies 86,305 square feet (sf) or a 3,545 sf net increase over the 1997 space needs study. 1024space garage 2. There is a 594 sf increase in the Tree and Equipment Maintenance Shops to accommodate a second 4-person forestry crew and to meet new air quality standards for welding. 3. There is a 788 sf increase in Utilities shops because the original plan was close to the Water Plant and some of the Utility operations were left in the Plant. 4. There is a 1,000 sf increase to accommodate the Communication Van and SWAT team vehicle. 5. There is a net 2,245 sf reduction in office and lunchroom space. 6. There is a 4,008. sf increase to accommodate the new vehicle count: • 1 medium stall -loader bucket and wild cat snowblower • 1 medium stall - skidsteer and trailer • 1 medium stall - kohler generator • 3 small stalls -work vehicles (includes two vehicles normally used at City Hall;-could be taken out and left at City Hal{} • 2 large stalls-empty stalls near hose reels for short term high turnover maintenance such as bulb replacement or lubrication. 7. The Space Needs Summary now includes 7,000 sf of outside bin storage-now accommodated at the site adjacent to Taft Park. This area excludes drive aisle space. No additional space is added for drive.aisles at the New Garage site because the bins are arranged to abut existing drive aisles. SEH will provide more information on the needs assessment data and on the options for additional storage space at the City Council meeting. The Public Works functions will change over time. The size of the City will likely not change.. Staff believes that the best guess for the long-term. need for space for Public Works is to size the facility to the existing need. SEH- recommends that the building be constructed with multiple levels. The office space should be constructed within the vehicle storage "box" rather than on its own pad outside the box. This arrangement saves space. on site and can be done at a cost similar to the single story option. Architects and Engineers from SEH will be available at the meeting to discuss the cost estimates. The City Council may want to consider using utility funds to pay for the increase in space needed for Utilities and using Public Safety funds for the. increase in space needed for Public Safety vehicles. Decisions on funding can be made later when updated cost estimates are available. III. BASIS OF RECOMMENDATION A. POLICY • The base space needs necessary for the building must be identified and approved before design detail can begin. B. CRITICAL ISSUES • These decisions need to be made before progressing in the design process. C. FINANCIAL Funding options can be made when updated costs are available. D. LEGAL • N. A. IV. .ALTERNATIVE RECOMMENDATION~S~ • Council could direct staff to proceed with a single level design. • The City Council could direct staff to reduce the space accommodated in the building. V. ATTACHMENTS • Space Seeds Summary • Budget. Worksheets for options 1-4 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from SEH AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 15 REPORT # 0_2 a.~ STAFF REPORT CITY COUNCIL MEETING OCTOBER 24, 2006 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COOR. NAME, Ti7zE MARTIN J. KIRSCH, MAYOR ITEM FOR COUNCIL CONSIDERATION: Consideration of Council confirmation of Mayor's appointment of Housing and Redevelopment Authorit Commissioner to fill an expired term. I. RECOMMENDED ACTION: By motion: .Confirm the Mayor's appointment of an HRA Commissioner for a five year term expirin October 2011. II. BACKGROUND HRA Commissioner Joan Helmberger's term expires in October 2006. Commissioner Helmberger was appointed in 1980. To ensure a quorum at future HRA meetings, the Council should make an appointment on October 24, 2006. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA for afive-year term at the October 24, 2006 Council meeting. B. CRITICAL ISSUES • To ensure a quorum at future meetings, the Council should take action on this item on October 24, 2006, 1024H RA C. LEGAL None IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide not to confirm the Mayor's appointment. • If the Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None. r~ ICJ