06-26-07 agendaREVISED
CITY OF RICHFIELD, MINNESOTA
• TUESDAY, JUNE 26, 2007
SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
Roll call
5:30 - 6:30 p.m.
1. Discussion regarding City of Richfield proposed zoning ordinance revisions
(Council Memo No. 109)
Notes:
• 6:30 - 6:50 p.m.
2. Discussion regarding certain provisions of Minnesota State Building Code and
Minnesota State Fire Code
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
• Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
• Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of June 12, 2007 and (2)
Regular City Council Meeting of June 12, 2007
PRESENTATION
Consideration of resolution supporting Urban Partnership Agreement application for I-
35W by Minnesota Department of Transportation
Staff Report No. 169
Notes:
COUNCIL DISCUSSION
• 2. Council discussion
• Hats Off To Hometown Hits
• Special City Council Meeting regarding 2007 Revised/2008 Proposed budget
Notes:
AGENDA APPROVAL
3. Council approval of agenda
CONSENT CALENDAR
4. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution acknowledging receipt of petition for
vacation of right-of-way and conducting first reading of transitory ordinance to
vacate right-of-way and calling for public hearing and second reading on July 24,
2007; 6548-15th Avenue S.R. No. 170
• B. Consideration of approval of resolution declaring costs to be assessed and ordering
preparation of assessment roll for 2006 removal of diseased trees from private
property and setting public hearing for August 14, 2007 S.R. No. 171
C. Consideration of approval of resolutions declaring costs to be assessed and
ordering preparation of assessment roll for 2006 Lyndale/HUB/Nicollet
maintenance, and proposing similar assessment process for 2008 and setting
public hearing for August 14, 2007 S.R. No. 172
D. Consideration of approval of resolutions declaring costs to be assessed and
• ordering preparation of assessment roll for 2006 77th Street maintenance district,
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or
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and proposing similar assessment process for 2008 and setting pub
August 14, 2007 S.R. No. 173
E. Consideration of approval of purchase agreement for site which contains City's lift
station at 7700 Knox Avenue from Richfield HRA S.R. No. 174
F. Consideration of approval of submitting federal grant application under Safe,
Accountable, Flexible, Efficient Transportation Equity Act: a Legacy of Users
(SAFETEA-LU) program for 77th Street and Lyndale Avenue S.R. No. 175
G. Consideration of approval of purchasing new log and brush chipper for use by
Forestry Division from Vermeer Sales and Service of Burnsville in amount of
$57,951.98 S.R. No. 176
H. Consideration of approval of public dance and temporary 3.2 percent malt liquor
licenses for Church of the Assumption for Kermes event on July 28, 2007 S.R. No.
177
I. Consideration of approval of on-sale temporary 3.2 percent malt liquor license for
Church of the Assumption for Fun Fiesta on August 12, 2007 S.R. No. 178
J. Consideration of approval of community celebration event license and temporary
on-sale 3.2 percent malt liquor licenses, with waiver of associated fees, for Fourth
of July Committee for annual events at Veterans Memorial Park on June 29 through
July 6, 2007 S.R. No. 179
K. Consideration of approval of temporary on-sale 3.2 percent malt liquor license for
Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue, for
• activities on July 3 and 4, 2007 S.R. No. 180
L. Consideration of approval of continuing agreement with City of Bloomington for food
inspection services for Richfield for 2007 S.R. No. 181
Notes:
5. Consideration of items, if any, removed from Consent Calendar
Notes:
OTHER BUSINESS
6. Consideration of hiring WSB & Associates to provide right of way services for Lyndale
Avenue bridge project
Staff Report No. 182
•
Notes:
CITY MANAGER'S REPORT
7. City Manager's report
• Landscaping for 18th Avenue berm
• Hennepin County Wellness Program by Design Award (Council Memo No. 110)
Notes:
8. 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 fhe Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to fhe meeting.
Notes:
9. Special City Council Closed Executive Session in Executive Conference Room
• regarding:
• Attorney-client discussion related to airport litigation
• Discussion with Special Counsel for City related to pending eminent domain
litigation with Portland Holdings
• City Manager annual performance evaluation and compensation review
10. Reconvene Regular City Council Meeting in Council Chambers
11. Consideration of approval of Kennedy and Graven agreement
12. Adjournment of Regular City Council Meeting in Council Chambers
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.
•
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AGE~D,a SECT101: PRESENTATION
AGENDA ITEM # j
• REPORT # 169
r f~' STAFF REPORT
ffi
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME. TITLE
COUNCIL PRESEw'TER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY ` ~~
• MANAGER:
-~_
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution in support of an Urban Partnership Agreement Application for I-
35W b the Minnesota De artment of Transportation.
RECOMMEI~'DED ACTION:
By Motion: Approve the attached resolution supporting the Urban
Partnership Agreement Application for {-35W by the Minnesota
Deaartment of Transportation.
II. BACKGROUI~?D ~
The Minnesota Department of Transportation (Mn/DOT) is a finalist for a special
federal demonstration grant to improve transit on I-35W south of downtown
Minneapolis and on Highway 77 at Highway 62. Mn/DOT has asked the affected
cities to pass a resolution in support of the grant application to improve its chances
of receiving funds.
• Proposed improvements include: a special bypass lane for buses northbound on
Highway 77 to go west on Highway 62; a HOT lane (bus & toll lane) on 35W from
46th Street to downtown Minneapolis; a HOT lane conversion of an HOV lane from
Burnsville to 46th Street on 35W (this includes the portion under construction from
0626 Urban Partnership Grant
66th Street to 46th Street). Brian Kary, Freeway Operations Engineer for Mn/DOT
• will give a presentation on the proposal at the City Council Meeting.
III. BASIS OF RECOMMENDATION i
A. POLICY
• The City Comprehensive Plan promotes bus rapid transit and
improvements to the freeway network.
B. CRITICAL ISSUES
• The proposed improvements will hasten the completion of a
continuous transit lane to downtown Minneapolis from Burnsville along
I-35W and initiate Bus Rapid Transit (BRT) service on I-35W.
C. FINANCIAL,
• The City is not contributing any local funds as part of this grant
application.
D. LEGAL
• The proposed resolution does not obligate the City in any way.
• ~ IV. ALTERNATIVE RECOMMENDATION(S~
• Council may choose not to approve the attached resolution. This may
weaken Mn/DOT's chances for funding as evidence of lack of local support
for the proposal.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETI?~TG
• Brian Kary, Freeway Operations Engineer for Mn/DOT
•
~~~
RESOLUTION NO.
• RESOLUTION AUTHORIZING URBAN PARTNERSHIP AGREEMENT
WHEREAS, the City of Richfield supports amulti-modal transportation system to
meet the needs of its citizens; and
WHEREAS, the U. S. Department of Transportation announced its new National
Strategy to Reduce Urban Congestion on America's Transportation Network of which one
component is the Urban Partnership Agreement (UPA); and
WHEREAS, under UPA its partner metropolitan areas will commit to aggressive
strategies under the umbrella of the four "T's", tolling, transit, telecommuting and
technology, in a combined approach to reduce congestion; and
WHEREAS, the "South Area" including the I-35W and Highway 77 BRT Corridors
has been identified as one of the project areas with the most potential for transit
improvements; and
WHEREAS, the proposed transit improvements in the Urban Partnership agreement
proposal will hasten the delivery of Bus Rapid Transit service in the I-35W and Highway 77
BRT Corridors.
NOW, THEREFORE, BE IT RESOLVED that the Richfield City Council supports the
submission of an Urban Partnership Agreement grant application by the Minnesota
Department of Transportation to promote transit improvements in the I-35W and Highway
77 corridors.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
•
AGENDA SECTION:
AGF,NDA ITEM #
REPORT #
~' STAFF REPORT
CONSENT
170
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY:
Nnnri;, Tr~~rs
•
C]
COUNCIL PRESENTER:
DEPARTMENT D[RECTOR ~r
REVIEW:
REVIEWED BY CITY
MANAGER.
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution acknowledging receipt of a petition for vacation of
right-of-way, conduct a first reading of a Transitory Ordinance, and schedule a second reading
and ublic hearin .
I. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution acknowledging receipt of a
petition for vacation of right-of-way; and conduct a first reading of a
Transitory Ordinance to vacate the right-of-way; and call for a public
hearing and second reading to be held July 24, 2007 (6548 15th
Avenue).
II. BACKGROUND
• In 2003 the City approved a building permit for a new garage at 6548 15th
Avenue South.
• In 2006 EI Jalapeno Market located at 1430 66th Street East, just south of the
above-property, was required to obtain a survey of their lot. At that time, it was
discovered that the land immediately to the north of EI Jalapeno was owned by
the City and dedicated as alley. The recently constructed garage at 6548 15th
Avenue had been built in the middle of said alley.
062607 - 1st Reading alley vacation
• City policy does not require a survey for all building permits. Surveys are
required when proposals approach property lines and setback distances are in
question.
• Aerial photographs indicate that this alley has been used as a private drive since
at least 1994. Photographs indicate that a combination of vegetation and
fencing had been used to block the alley from through traffic.
• The current property owner (Mr. Justin Omlie) purchased this lot in 1997 under
the assumption that his property abutted the commercial lot to the south, not an
alley.
• It is the responsibility of the homeowner to verify the location of property lines;
however, the City also failed to notice the existence of the alley when the
building permit issued for the garage.
• Staff and the adjacent property owners had initially considered vacation of the
entire alley between 14th and 15th Avenues; however, the western half of the
alley provides the only access to the garage at 6539 14th Avenue. Vacation of
the alley would not allow a wide enough turning radius for a car to enter the
garage; therefore, there is a continuing public need for this portion of the alley.
Petition for the vacation of this half of the alley has been withdrawn.
• There is a city-owned water main running down the center of the alley.
• Both Comcast and Xcel energy have overhead lines running down the center of
the alley.
III. BASIS OF RECOMMENDATION
•
A. POLICY
• City Code Section 820.05 states that the Council "shall by resolution
acknowledge receipt of any petition. The Council shall also set the
date for a public hearing on any proposed street vacation. No
vacation may be made unless it appears in the interest of the public to
do so. Not less than ten days prior to the public hearing, a notice shall
be published once in the official newspaper and sent by mailed notice
to the affected owner and residents".
• When an alley is vacated, the ownership reverts back to the abutting
property owners.
B. CRITICAL ISSUES
• It is the responsibility of the homeowner to verify the location of
property lines; however, since the City granted the permit there is
some responsibility on the City's end as well.
• The Hennepin County Registrar of Deeds and Titles and public utilities
received notice of the proposed right-of-way vacation. Both Comcast
and Xcel have identified that they have above ground facilities within
the proposed vacation area.
• The Public Works Department has determined that afour-inch water
• main runs through the alley and underneath Mr. Omlie's garage.
• This main serves as a service line for two properties: 6548 15th
Avenue (Omlie) and 6539 14th Avenue (Los Gallos).
• In light of the City's responsibility in issuing the garage permit, the
• Public Works Department has agreed to cap the main at the service
line for each property and repair the disturbed areas. The City will
offer cone-year warranty on the repairs made to Mr. Omlie's driveway
at 6548 15th Avenue.
• Staff is in the process of determining the location of the service lines
and measurements will be provided for the second reading.
• Utility and drainage easements must still be maintained in light of Xcel
and Comcast facilities and the portion of the main leading up to the
cap on each property.
• Normally a 10-foot easement is retained (5-feet on either side of the
utility in question); however, a 5-foot easement north of the center line
encroaches into Mr. Omlie's garage.
• In light of this situation, the City will retain a 10-foot easement up to
the water main cap at 6548 15th Avenue (Omlie) and a 7-foot
easement (5-feet south of the main, 2-feet north of the main) for the
remainder of the length of the vacated alley.
• Xcel and Comcast have agreed that this situation is acceptable to
them.
C. FINANCIAL
• The processing fee for a vacation has been paid.
• The City has agreed to pay for the capping of the water main and for
any repairs to the disturbed area. This work will be guaranteed for
one year. This solution is acceptable to staff and the property owner.
D. LEGAL
• In order to be determined adequate, the petition must be signed by the
owners of half of the land abutting the right-of-way to be vacated
(Richfield City Code Section 820.03). This requirement is met.
• Notice of a public hearing will be posted and mailed in accordance
with City and State regulations.
IV. ALTERNATIVE RECOMMENDATION~S~
• Deny a first reading of the Transitory Ordinance with a finding that there is a
public need for the right-of-way easement to be maintained.
V. ATTACHMENTS
• Resolution
• DRAFT Transitory Ordinance
• Surveys
• Proposed cap locations
• Zoning & Land Use Maps
• VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Justin Omlie, owner 6548 15th Ave
4fl
RESOLUTION NO.
RESOLUTION DECLARING ADEQUACY OF PETITION FOR
VACATION OF RIGHT-OF-WAY AND
CALLING FOR A PUBLIC HEARING
ON THE REQUEST TO VACATE RIGHT-OF-WAY
WHEREAS, the City has received a petition for the vacation of an alley easement
described as follows:
Alley directly adjacent to Lot 9, Block 4, Nokomis Gardens Rearrangement of Block
1-5 Girard Parkview, Richfield, Minnesota; and
WHEREAS, Richfield City Code Subsection 820.03 requires that a petition for
vacation of a street or alley be signed by the owners of at least half of the land abutting the
street or alley to be vacated; and
WHEREAS, there are two properties that abut the alley in question. The owners of
both parcels have signed the petition for vacation;
BE IT RESOLVED by the City Council of Richfield, Minnesota as follows:
• 1. A certain petition requesting the vacation of the alley described above in the
City of Richfield, filed with the City on May 7, 2007, is declared to be signed
by the owners of the required percentage of property affected thereby. This
declaration is made in conformity with Richfield City Code Subsection
820.03.
2. A public hearing on the proposed alley vacation is scheduled for July 24,
2007. The City Clerk is directed to publish notice of the public hearing in the
City's official newspaper once, not less than 10 days prior to the public
hearing.
Debbie Goettel, Mayor
ATTEST:
•
Nancy Gibbs, City Clerk
062607 - 1st Reading alley vacation
~-r~ ~ ~__
BILL NO.
TRANSITORY ORDINANCE NO.
• AN ORDINANCE VACATING AN ALLEY EASEMENT
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described land is subject to an easement for public
alley purposes:
Alley directly adjacent to Lot 9, Block 4, Nokomis Gardens Rearrangement of
Block 1-5 Girard Parkview, Richfield, Minnesota.
Sec. 2: The City Council has determined the petition for vacation to be
adequate by Resolution No.
Sec. 3: There is no public need for a alley easement over that portion of
land, as described in section 1.
Sec. 4: There are existing utility lines within a portion of the land described in
section 1, and there is a continuing need for an easement for utility purposes.
Sec. 5: The vacation shall be subject to a drainage and utility easement five
feet in width on either side of the center line of the alley, as described in section 1,
with the exception of the area described in section 6.
Sec. 6: The vacation shall be subject to a drainage and utility easement of
five feet in width south of the center line of the alley and two feet in width north of
• the center line of the alley from the point of the water service line connection to the
water main extending to the west property line of Lot 9, Block 4, Nokomis Gardens
Rearrangement of Block 1-5 Girard Parkview.
Sec. 7: Upon the effective date as provided in section 8 below, the alley
easement over that portion of land, as described in section 1 of this ordinance is
vacated, reserving, however, to the public an easement for drainage and utilities
with right of entry to maintain, repair, replace, remove, or otherwise attend to said
drainage and utilities; provided that the utility shall promptly repair any damage
resulting from such maintenance, repair, replacement, or removal.
Sec. 8: The vacation of the alley easement is effective 30 days following
publication of the ordinance.
•
Sec. 9: The City Clerk is directed to prepare a certificate of completion of
vacation proceedings and to record the vacation in the office of the Hennepin
County Registrar of Titles or Hennepin County Recorder, as appropriate.
Sec. 10: Staff is directed to make technical revisions to the legal description
as may be required to allow recording of the certificate of completion as described
in section 9.
Passed by the City Council of the City of Richfield, Minnesota this July 24th, 2007.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
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June 2007
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' R -Single-Family Residential
N C-2 -General Commercial
0 60 120 240 360 480
Feet
~~ ;a Parcels adjacent to alley
7~ - ~
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June 2007
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66th Street
AGENDA SECTION: CONSENT
AGENDA ITEM # LFB
REPORT # 1 71
r'4""~'S
a '~ '-'c`am
JUNE 26, 2007
REPORT PREPARED BY:
Nr1MF, T/TLE
•
COUI~TCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolution declaring costs to be assessed for removal of
diseased trees from private propert for work ordered in 2006.
STAFF REPORT
CITY COUNCIL MEETING
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
L RECOMMENDED ACTION:
By Motion: Adopt the attached resolution declaring costs to be
assessed and ordering the preparation of the proposed assessment
roll for the removal of diseased trees from private property for work
ordered in 2006 and setting the public hearing date for August 14,
2007.
II. BACKGROUND
Property owners of diseased trees have four options available:
1. Remove the tree themselves.
2. Hire and pay their own contractor.
3. Hire the City's contractor and pay for the removal within 30 days.
4. Use the City's contractor and request that the cost of the tree removal be
assessed against their property tax.
In the period from January 1, 2006 through December 31, 2006, thirty-one (31)
property owners chose the fourth option.
062706treeassess
III. BASIS OF RECOMMENDATION
A. POLICY
The work has been done with prior approval from the affected
residents.
B. CRITICAL ISSUES
• Minnesota State Statute requires the County to be notified of all
special assessments.
C. FII~IANCIAL
• The costs to be assessed for the removal of Dutch Elm diseased trees
on private property for work ordered during the period January 1, 2006
through December 31, 2006 have been determined to be $60,250.63.
• The original source of funding to have the work done is through the
City's Permanent Improvement Revolving Fund. The property owner
may prepay the special assessment, but after the assessment is
certified on or before October 10, 2007, for the 2008 taxes, the
interest rate is six percent with the payment spread over five years.
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may revise the special assessment roll as deemed necessary
following the public hearing.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
~~-~ _'
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY
FOR THE PERIOD OF JANUARY 1, 2006 TO DECEMBER 31, 2006
WHEREAS, costs have been determined for the removal of diseased trees from
private properties in the City of Richfield and the expenses incurred or to be incurred for
such work ordered during the period of January 1, 2006 through December 31, 2006
amount to $60,250.63.
Property Address Property Identification Number
6238-5th Ave South 27-02824-11-0031
7634 Park Ave So 35-02824-33-0025
6220 Clinton Ave So 27-02824-11-0001
6324-15th Ave So 26-02824-12-0081
7065 Oak Grove Blvd 33-02824-11-0013
6324 Blaisdell Ave So 27-02824-21-0055
6225 Wentworth Ave So 27-02824-21-0012
6527-13th Ave So 26-02824-13-0143
6533-13th Ave So 26-02824-13-0142
318 W 64th Street 27-02824-22-0074
7008-4th Ave So 34-02824-11-0022
7345 Lyndale Ave So 34-02824-23-0161
7315 Colfax Ave So 33-02824-14-0053
6220 Upton Ave So 29-02824-12-0038
7526 Wentworth Ave So 34-02824-31-0084
7424-18th Ave So 35-02824-41-0114
6221 Washburn Ave So 29-02824-12-0088
7215 Blaisdell Ave So 34-02824-24-0014
6908-14th Ave So 26-02824-43-0060
6911 Portland Ave 26-02824-33-0064
6501-15th Ave So 26-02824-13-0115
7314-3rd Ave So 34-02824-13-0072
7020 Knox Ave So 33-02824-21-0062
7433 Colfax Ave So 33-02824-41-0052
6444-15th Ave So 26-02824-13-0062
7320 Garfield Ave So 34-02824-23-0113
6801 Lyndale Ave So 27-02824-33-0019
6627-13th Ave So 26-02824-42-0049
7117-1st Ave So 34-02824-12-0088
7300-3rd Ave So 34-02824-13-0001
6826-3rd Ave So 27-02824-43-0032_
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The total cost to be assessed against benefited property owners is declared to be
X60,250.63.
`T ~~ ~~~-
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed
for such work against each benefited property, and shall file a copy of such
proposed assessment in his office for public inspection.
•
3. The Clerk shall, upori the completion of such proposed assessment, notify the City
Council thereof.
4. A hearing shall be held on the 14th day of August, 2007 in the City Hall Council
Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the
agenda, to pass upon such proposed assessment and at such time and place all
persons owning property affected by said diseased tree removal assessment will be
given an opportunity to be heard in reference to such assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment at least two weeks prior to the hearing and shall state in the notice the
total cost of the diseased tree removal. The City Clerk shall also cause mailed
notice to be given to the owner of each parcel described in the assessment roll not
less than two weeks prior to the hearing.
Adopted by the City Council of the City of Richfield this 26th day of June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
•
AGE?~DA SECTio~.~: CONSENT
AGE?~DA ITEM # LFC
• REPORT # 172
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY: RANDY HUGHES, OPERATIONS
SUPERINTENDENT
NAME. 7l7ZE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MAI~?AGER:
•
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN)
maintenance assessment process.
RECOMMENDED ACTION:
By Motion:
• Adopt the attached resolution declaring costs to be assessed and
ordering preparation of the proposed assessment roll for 2006
Lyndale/HUB/Nicollet (LHN) Maintenance and schedule a public
hearing for August 14, 2007.
• Adopt the attached resolution proposing a similar assessment
process to be implemented for 2008 and schedule a public hearing
for August 14, 2007.
II. BACKGROUND
The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to
• recover extraordinary maintenance expenses in the LHN (66th
Street/Lyndale/Nicollet) area in 1981. The extraordinary services include irrigation,
weeding and mowing of landscaped areas. The LHN Redevelopment Area is
approximately bounded by 64th Street, First Avenue, 67th Street and Emerson
Avenue. City staff has determined actual costs of current services to be assessed
06261hn0508
for the 2006 maintenance of this area and estimated costs for the 2008
• maintenance.
III. BASIS OF RECOMMENDATION
A. POLICY
• Section 825 of the City Code indicates "current services" mean one or
more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from
private property, excluding and structure included under the
provisions of Minnesota Statues, sections 463.15 to 463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound
trees from any street;
(g) the treatment and removal of insect-infested or diseased trees
on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and
other public amenities on or adjacent to street right-of-way; and
•
(k) snow removal and other maintenance of streets in commercial
redevelopment areas.
• Council ordered the work, and the work is done for 2006.
Council needs to order the work for 2008.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City
Code.
C. FINANCIAL
• Estimated and actual costs for the LHN maintenance services from
1989-2007 were/are:
Year Estimated Actual
1989 $43,151.19
1990 $44,560 $43,539.10
1991 $44,153 $43,825.22
1992 $46,484 $47,005.26
1993 $45,050 $34,866.01
1994 $45,115 $44,635.70
• 1995 $45,516 $36,105.50
1996 $46,080 $48,118.39
1997 $47,730 $31,208.46
1998 $49,165 $39,127.73
1999 $50,640 $47,470.80
2000 $45,000 $31,273.61
• 2001 $50,000 $52,556.06
2002 $50,000 $35,136.62
. 2003 $52,000 $37,785.67
2004 $50,000 $44,031.39
2005 $50,000 $45,385.31
2006 $50,000 $45,648.56
2007 $50,000
2008 $50,000
Fluctuations in expenditures for maintenance of LHN are caused by a
number of factors. Weather determines water usage and irrigation
costs; street light k nockdowns are never foreseeable and very
expensive; and the need to paint streetlights and repair concrete
varies from year to year.
D. LEGAL
• Section 825, Subd. 2 states that "the City Clerk, under the Council's
direction, shall publish notice that the Council will meet to consider the
undertaking of current services and levying of special assessments to
pay costs thereof."
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may make any changes to the assessment roll as deemed
necessary after the public hearing.
V. ATTACHMENTS
• Resolution declaring costs to be assessed and ordering preparation of the
proposed assessment roll for 2006 LHN Maintenance.
• Resolution proposing to specially assess the costs of current services for
2008.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
~t L- i
RESOLUTION NO.
• RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR
. LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD
JANUARY 1, 2006 THROUGH DECEMBER 31, 2006
WHEREAS, costs have been determined for the maintenance of the
Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th
Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the
expenses incurred or to be incurred for such maintenance amount to $45,648.56 for the
period of January 1, 2006 through December 31, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. The portion of the cost to be assessed against benefited property owners is declared to
be X45,648.56.
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for
such maintenance against every assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as provided by law, and shall file a
copy of such proposed assessment in his office for public inspection.
• 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City
Council thereof.
4. A hearing shall be held on the 14th day of August, 2007, in the Council Chambers of
the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda to pass upon such proposed assessment and at such time and place all
persons owning property affected by said maintenance assessment will be given an
opportunity to be heard in reference to such assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and he shall state in the notice the total cost of the maintenance. The City
Clerk shall also cause mailed notice to be given to the owner of each parcel described
in the assessment roll not less than two weeks prior to the hearing
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of June, 2007.
Debbie Goettel, Mayor
ATTEST:
• Nancy Gibbs, City Clerk
~~
~--{ (_
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS
OF CURRENT SERVICES PROVIDED WITHIN THE
. LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD
JANUARY 1, 2008 THROUGH DECEMBER 31, 2008.
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows:
There is hereby established a special assessment district, the boundaries of which are
conterminous with the Lyndale/Hub/Nicollet (LHN) Redevelopment Project Area, for the
purposes of assessing for current services provided by the City.
2. The following current services of the City are hereby proposed to be undertaken by the
City in the district, with the costs of such services to be specially assessed against
benefited property within the district:
• Snow, ice or rubbish removal;
• Weed elimination;
• Elimination or removal of public health or safety hazards from private property,
excluding any structure included under the provisions of Minnesota Statutes
Section 463.15 to 463.26;
• Installation or repair of water service lines;
• Street sprinkling or other dust treatment of streets;
• Trimming and care of trees and the removal of unsound trees;
• Repair of sidewalks, crosswalks, and other pedestrian walkways;
• Operation of the street lighting system;
• Maintenance of landscaped areas and other public amenities on or adjacent to
street right-of-way;
• Maintenance of Civic Plaza;
• Snow removal and other maintenance of streets;
• Painting and repair of wood furniture;
• General maintenance, including repairs and replacement.
3. The area proposed to be specially assessed for such current services consists of every
assessable lot grid parcel of land within the district. It is proposed that special
assessments on commercial property be made on the basis of the area with each
square foot of assessable commercial property within the district being assessed an
equal amount for maintenance of common are. Exempt from the special assessment
levy shall be all single family, two-family, multiple family residential property within the
LHN redevelopment district. Special maintenance of individual commercial properties
shall be assessed directly for costs incurred in performing said maintenance to said
property.
4. The City Clerk is authorized and directed to give public notice of a hearing by this
• Council at which the Council will consider the undertaking of such current services and
the levying of special assessments to bear the costs thereof. The City Clerk shall also
give mailed and published notice of such hearing as required by law. Such hearing
shall be held on Tuesday, August 14, 2007, commencing at 7:00 p.m. or as soon
thereafter as the matter can be reached on the agenda.
c~~,~
• 5. It is hereby proposed that the project consist of the costs of the aforementioned
services for the period of January 1, 2008 through December 31, 2008. The estimated
cost of providing all the aforementioned current services during that period is X50,000.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day of June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
CJ
C,
AGENDA SECTION
AGENDA ITEM #
REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY:
RAI~TDY HUGHES, OPERATIONS
SUPERINTENDENT
NdME, TITLE
COUNCIL PRESENTER:
•
CONSENT
4D
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached resolutions pertaining to the annual 77th Street maintenance
district assessment process.
I. RECOMMENDED ACTION:
By Motion:
• Adopt the attached resolution proposing to assess commercial
properties in the 77th Street assessment district for costs incurred
to maintain the area for 2006 and schedule a public hearing for
August 14, 2007.
• Adopt the attached resolution proposing a similar assessment
process to be implemented for 2008 and schedule a public hearing
for Auaust 14, 2007.
II. BACKGROUND
Since the 1988 construction of the short section of 77th Street around the Hampton
Inn, the City has been performing special, high-quality maintenance along 77th
Street. The special maintenance services include irrigation, weeding and mowing
of the landscaping on both sides of the 77th Street wall. The maintenance
functions, known as current services, are funded through the maintenance
062677th0508assess
•
•
assessment on the 77th Street businesses. City staff has determined costs to be
assessed for the maintenance of the 77th Street redevelopment area between I-
35W and Cedar Avenue.
III. BASIS OF RECOMMEI~?DATI4N
A. POLICY
• Section 825 of the City Code indicates "current services" mean one or
more of the following:
(a) snow, ice, or rubbish removal from sidewalks;
(b) weed elimination from streets or private property;
(c) removal or elimination of public health or safety hazards from
private property, excluding and structure included under the
provisions of Minnesota Statues, sections 463.15 to 463.26;
(d) installation or repair of water service lines;
(e) street sprinkling, sweeping, or other dust treatment of streets;
(f) the trimming and care of trees and the removal of unsound
trees from any street;
(g) the treatment and removal of insect-infested or diseased trees
on private property;
(h) the repair of sidewalks and alleys;
(i) the operation of a street lighting system;
(j) the maintenance of landscaped areas, decorative parks and
other public amenities on or adjacent to street right-of-way; and
(k) snow removal and other maintenance of streets in commercial
redevelopment areas.
• Council ordered the work, and the work is done.
Resolution No. 7405, adopted in 1988, established a policy for
assessing the costs.
Commercial property owners will be assessed on aper-square-foot
basis. However, all single family and multi-family residential
properties, plus the two churches in the area, would be exempt from
the special assessment levy.
B. CRITICAL ISSUES
• On or before September 1 of each year, the City shall list the total
unpaid charges for current services against each separate lot or
parcel to which they are attributable under section 825 of the City
Code.
C. FINANCIAL j
• Estimated and actual costs for the
from 1995 - 2008 are:
Year Estimate
1995 $18,000
1996 x33,795
1997 X58,973
1998 $74,765
77th Street maintenance services
Actual
$10,569.06
X36,850.31
$44,729.90
X54,629.54
:7
1999 $80,000 $76,674.70
2000 $80,000 X70,594.20
2001 $85,000 X78,884.49
2002 $80,000 $75,490.39
2003 $80,000 $59,831.07
2004 $80,000 $63,842.79
2005 $80,000 $64,841.54
2006 $80,000 X69,606.52
2007 $80,000
2008 $80,000
D. LEGAL
• No legal issues are apparent at this time. The City Attorney will be in
attendance at the Council meeting should a legal question arise.
• Section 825, Subd. 2 states that "the City Clerk, under the Council's
direction, shall publish notice that the Council will meet to consider the
undertaking of current services and levying of special assessments to
pay costs thereof."
•
IV. ALTERNATIVE RECOMMEI~rDATION(S~ ~
• Council may make any changes to the assessment roll as deemed
necessary after the public hearing.
V. ATTACHMENTS
• Resolution declaring costs to be assessed and ordering preparation of the
proposed assessment roll for 2006 77th Street Maintenance.
• Resolution proposing to specially assess for current services for 2008.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
C]
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
• PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET
MAINTENANCE FOR THE PERIOD
JANUARY 1, 2006 THROUGH DECEMBER 31, 2006
WHEREAS, costs have been determined for the maintenance of the 77th Street
Redevelopment Area the boundaries of which are approximately east of I-35W and west
of Cedar Avenue in the City of Richfield and the expenses incurred or to be incurred for
such maintenance amount to $69,606.52 for the period of January 1, 2006 through
December 31, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota:
1. The portion of the cost to be assessed against benefited property owners is declared
to be $69,606.52.
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed
for such maintenance against every assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as provided by law, and shall file a
copy of such proposed assessment in his office for public inspection.
3. The City Clerk shall, upon the completion of such proposed assessment, notify the
• City Council thereof.
4. A hearing shall be held on the 14th day of August, 2007, in the Council Chambers of
the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda to pass upon such proposed assessment and at such time and place all
persons owning property affected by said maintenance assessment will be given an
opportunity to be heard in reference to such assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior
to the hearing, and shall state in the notice the total cost of the maintenance. The
City Clerk shall also cause mailed notice to be given to the owner of each parcel
described in the assessment roll not less than two weeks prior to the hearing.
Adopted by the City Council of the City of Richfield, Minnesota this 26th day June, 2007.
Debbie Goettel, Mayor
ATTEST:
•
Nancy Gibbs, City Clerk
c-~`~-~-
y_~
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF
• CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA
FOR THE PERIOD JANUARY 1, 2008 THROUGH DECEMBER 31, 2008
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
There is hereby established a special assessment district, the boundaries of which
are east of I-35W and west of Cedar Avenue, for the purposes of assessing for
current services provided by the City.
2. The following current services of the City are hereby proposed to be undertaken by
the City in the District with the cost of such services to be specially assessed against
benefited property within the District;
The trimming and care of trees and shrubs and the removal of any unsound trees
from any street;
• The repair of sidewalks;
The maintenance of landscaped areas and other public amenities on or adjacent
to street rights-of-way;
Trash and litter removal.
3. The area proposed to be specially assessed for such current services consists of
• each and every commercial lot and parcel of land within the District. It is proposed
that the special assessments on the commercial property be made on the basis of
area.
4. The City Clerk is hereby authorized and directed to publish notice of a hearing by
this Council at which the Council will consider the undertaking of such current
services and the levying of special assessments to bear the costs thereof. Such
notice shall be published in the official newspaper at least once, at least two weeks
prior to the date of hearing. The City Clerk shall also give mailed notice of such
hearing as required by law. Such hearing shall be held Tuesday, August 14, 2007,
commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the
agenda.
5. It is hereby proposed that the project consist of the aforementioned services for the
period from January 1, 2008 through December 31, 2008. The estimated cost of.
providing all of the aforementioned services during that period is X80,000.
Passed by the City Council of the City of Richfield, Minnesota this 26th day of June,
2007.
Debbie Goettel, Mayor
• ATTEST:
Nancy Gibbs, City Clerk
•
AGENDA SECTION: CONSENT
AGENDA ITEM # 4E
REPORT # 174
~~ STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY:
N,4ML; Tiii.i:
•
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
PAT SMITH, COMMUNITY
DEVELOPMENT MANAGER
ITEM FOR COUNCIL CONSIDERATION:
Consideration of purchasing 7700 Knox Avenue from the Richfield Housing and
Redevelo ment Authorit .
RECOMMENDED ACTION:
By Motion: Approve the attached Purchase Agreement purchasing
the site which contains the City's lift station at 7700 Knox Avenue
from the Richfield Housing and Redevelopment Authority.
II. BACKGROUND
On January 8, 2002 the City Council approved the Final Plat for the Best Buy
Campus in the Interchange West area. As part of the Best Buy plat, the City's lift
station at 7700 Knox Avenue was platted as Tract C, RLS No. 618 (see attached
Best Buy Campus plat).
The property was originally owned by Mr. Frank Dillon. Mr. Dillon had conveyed an
• easement to the City for a sanitary sewage pumping station on the west 60-feet of
Tract C. This was discovered at the time of the Best Buy development. The
Housing and Redevelopment Authority (HRA) acquired title to extinguish the
interest of Mr. Dillon.
062607 - 7700 Knox purchase from HRA
In 2005 the City gave a license to Metro Transit to allow them to construct a driver's
• break facility at the property (see attached photo -the break facility is the building
on the right). Metro Transit cannot record the license because the land is owned by
the HRA, not the City.
III. BASIS OF RECOMMENDATION
A. POLICY
• This Agreement is made pursuant to Minn. Stat. 465.035 and 471.64.
• Minn. Stat. 471.64 waives the public hearing requirement if the City
purchases property from another governmental agency.
B. CRITICAL ISSUES
• The City should own the property at 7700 Knox Avenue because of
the presence of the lift station.
• Because of the size of the site and its environs, there is no
redevelopment potential for this site.
C. FINANCIAL
• The purchase price for the property is one dollar.
• The City will pay closing costs.
• There are no real estate taxes due.
D. LEGAL
• Legal counsel drafted the Purchase Agreement.
IV. ALTERNATIVE RECOMMENDATION(S~
• Approve the Purchase Agreement with added provisions or modifications.
• Do not approve the Purchase Agreement.
• Continue the consideration of the Purchase Agreement to a later meeting
date.
V. ATTACHMENTS
• Purchase Agreement
• Best Buy Campus Plat
• Photograph of Lift Station and Metro Transit break facility
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
C~
i.r Z. d
PURCHAS~ AGREEMENT
This Agreement is made as of 2007 by and between the CITY OF
• RICHFIELD, a Minnesota municipal corporation ("Buyer") and HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, a public body
corporate and politic under the laws of Minnesota ("Seller").
Recitals
A. Seller is the owner of certain real estate in the City of Richfield, County of Hennepin,
legally described as follows: Tract C, Registered Land Survey No. 618 (the "Property").
B. Seller acquired the Property as part of a redevelopment project, and it is occupied
by a municipal lift station owned and operated by Buyer.
C. Buyer desires to acquire the Property.
D. Seller deems it to be in the public interest to convey the Property to Buyer pursuant
to the terms of this Agreement.
E. This Agreement is made pursuant to Minn. Stat. § 465.035 and § 471.64.
Term s
1. Purchase Price. The purchase price for the Property is One Dollar ($1.00), which
Buyer shall pay at closing.
2. Deed. Seller agrees to convey the Property to Buyer by quit claim deed. Seller and
Buyer agree to execute and deliver customary closing documents, including but not
limited to affidavit of seller.
3. Title. Buyer shall be responsible for reviewing the condition of title to the Property and
for resolving any title defects, if any. Buyer may refuse to accept title to the Property if
Buyer finds the condition of title to that property to be unsatisfactory in any respect.
4. Closin .The closing shall occur on a date that is mutually agreeable to the parties.
5. Closing Costs. Seller shall pay real estate taxes, if any, due and payable in the year of
closing and prior years. Buyer shall assume real estate taxes due and payable in the
year following closing. Seller shall pay all special assessments levied against the
Property prior to Closing. Buyer shall assume all pending special assessments. Buyer
shall pay deed tax and all other closing costs not specifically mentioned in this
paragraph.
CITY OF RICHFIELD
By
Its Mayor
By
Its City Manager
HOUSING AND REDEVELOMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
BY
Its Chairperson
By
Its Executive Director
062607 - 7700 Knox purchase from HRA
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AGENDA SECTION: CONSENT
AGENDA ITEM # ~1F
REPORT # 175
STAFF REPORT
JUNE 26, 2007
REPORT PREPARED BY:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
•
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
CITY COUNCIL MEETING
~~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of submission of Federal grant applications under the Safe, Accountable,
Flexible, Efficent Transportation Equity Act: a Legacy of Users (SAFETEA-LU) Transportation
Pro ram.
I. RECOMMENDED ACTION:
By Motion: Approve the submission of a SAFETEA-LU grant
application for 77th Street and L ndale Avenue.
II. BACKGROUND
Once every two years federal funds become available under the SAFETEA-LU
Program for transportation capital improvements such as roads, bikeways,
sidewalks, transit, transportation enhancements and historic preservation. The
application process is very competitive and time consuming for grants that pay 80
percent of eligible project costs.
City staff is recommending submitting one application for a second left-turn lane on
77th Street at Lyndale Avenue, and aright-turn lane northbound on Lyndale Avenue
at 77th Street at a cost of $2.0 million. This will relieve the City of possible local
share of the costs for completing the Lyndale Avenue Bridge Project.
0626 Safetea-LU Grants
City staff also reviewed the selection criteria before determining that construction of
the next stage of the Richfield Parkway would not fare well in the competition for
federal funds. The SAFETEA-LU funding criteria favor existing roads with heavy
traffic volumes and high crash rates. The Parkway is a new road and will not carry
high traffic volumes nor does it have a history of a high number of crashes.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Comprehensive Plan identifies the need for added capacity at the
intersection of 77th Street and Lyndale Avenue.
B. CRITICAL ISSUES
• The City needs to find additional funds to limit its share of the costs to
build the Lyndale Avenue Bridge.
C. FINANCIAL
• The City can reduce its costs by $1.6 million if the application is
successful.
D. LEGAL
• The City is eligible to apply for federal funds.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council can direct staff to submit additional applications.
Council can refuse to approve the submission of the application for 77th
Street and Lyndale Avenue.
V. ATTACHMENTS
• Map of proposed improvements at 77th Street and Lyndale Avenue
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated.
•
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AGENDA SECTIO\
AGENDA ITEM #
• REPORT #
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY: MARK HALL, FLEET & PARKS
SUPERVISOR
NAME, T/TLE
COL~VCIL PRESENTER:
CONSENT
4G
176
•
ITEM FOR COUNCTL CONSIDERATION:
Consideration of the purchase of a new log and brush chipper.
RECOMMENDED ACTION:
By Motion: ~4pprove the purchase of a new !og and brush chipper
from Vermeer Sales and Service of Burnsville in the sum of
$57,951.98.
•
II. BACKGROUND
Unit 392, a chipper used by the Forestry Division of the Public Works Department,
is fully depreciated and a year beyond its original life expectancy. This chipper
weathered the storm of 1998 and has been used in countless tree removals and
trimming jobs. Its motor is worn out and the cost for repairs continues to get higher.
The new chipper will be used by the Forestry Division for tree removals and now
with the resurgence of Dead Elm Diseased (DED) trees, is almost ayear-round
task.
III. BASIS OF RECOMMENDATION
A. POLICY
062607Chipper
• Vermeer Sales are on the State contract for log and brush chippers.
• The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program.
B. CRITICAL ISSUES '
• Approval at the June 26, 2007 Council Meeting will facilitate delivery
of the new chipper.
C. FINANCIAL
• The revised 2007 budget contains $57,000.00 for this purchase.
• Funding for these vehicles will be from tax levy and the Central
Garage fund.
D. LEGAL
• When the purchase of materials, merchandise, equipment, or
construction exceeds $25,000, authority to purchase shall be
submitted to the City Council for consideration.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
• No action by Council on this purchase will eventually compromise the ability
for Public Works to remove these trees in a timely manner.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
•
•
AGENDA SECTION: CONSENT
AGENDA ITEM # LFg
REPORT# j]]
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, T/ii.[;
•
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request by The Church of the Assumption for a public dance license and
a tem ora 3.2 ercent malt li uor license for their Kermes event to be held Jul 28, 2007.
I. RECOMMENDED ACTION:
By Motion: Approve a public dance license and a 3.2 percent malt
liquor license for The Church of the Assumption for their Kermes
event to be held on July 28, 2007.
II. BACKGROUND
On May 23, 2007, The Church of the Assumption submitted a request for a dance
license and a 3.2 percent malt liquor license for their Kermes event to be held July
28, 2007. The required licensing fees have been received.
They will be serving such food items as tacos, sweet corn, nachos, wraps, popcorn,
hot dogs, fried pork skins and potato chips. The Church of the Assumption has
• contacted food sanitarians from the City of Bloomington to ensure that proper food
handling practices are followed.
Licensing requirements for the preparation and service of food for this event is
covered under The Church of the Assumption's annual food license.
0626 Church of Assumption Kermes Event Licenses
The event will take place from 6 P.M. to 11:30 P.M.
• Liquor Liability insurance coverage has been provided showing The Catholic Mutual
Relief Society as affording the coverage.
The Public Safety Department has received no complaints regarding similar events
for the Church of the Assumption for the previous year.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with the City codes pertaining to these
licenses.
B. CRITICAL ISSUES
• Necessary fees have been paid and insurance coverage has been
submitted.
C. FINANCIAL
• N/A
• D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Deny the request; however, the Public Safety Department has not found any
basis for a denial. In addition, the Council has previously granted similar
licenses for The Church of the Assumption events.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• The Church of the Assumption staff/representative
C~
•
AGENDA SECTION: CONSENT
AGENDA ITEM # ~+I
REPORT# 17H
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
Nanat:, TiTCt:
•
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the request by The Church of the Assumption for a temporary on-sale 3.2
ercent malt li uor license for their annual Fun Fiesta to be held Au ust 12, 2007.
I. RECOMMENDED ACTION:
By Motion: Approve a temporary on-sale 3.2 percent malt liquor
license for The Church of the Assumption for their annual Fun Fiesta
to be held August 12, 2007.
•
II. BACKGROUND
On May 23, 2007, The Church of the Assumption submitted a request for a
temporary license to serve 3.2 percent malt liquor for their annual Fun Fiesta to be
held August 12, 2007. The required licensing fees have been received.
They will be serving such food items as nachos, sweet corn, wraps, popcorn, hot
dogs, tacos, roast beef, pizza, fried pork skins and potato chips. The Church of the
Assumption has contacted food sanitarians from the City of Bloomington to ensure
that proper food handling practices are followed.
Licensing requirements for the preparation and service of food for this event is
covered under The Church of the Assumption's annual food license.
0626 Assumption Fun Fiesta Licenses
The event will take place from 10 A.M. to 6 P.M.
. Liquor Liability insurance coverage has been provided showing The Catholic Mutual
Relief Society as affording the coverage.
The City has previously issued these licenses in conjunction with the Assumption
Fun Fiesta.
III. BASIS OF RECOMMENDATION
A. POLICY
• The applicant has complied with the City codes pertaining to these
licenses.
B. CRITICAL ISSUES
• Necessary fees have been paid and insurance coverage has been
submitted.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Deny the request. However, the Public Safety Department has not found any
basis for a denial. In addition, the Council has previously granted these
licenses in conjunction with the Assumption Fun Fiesta.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• The Church of the Assumption staff/representative
•
•
AGENDA SECTION: CONSENT
AGENDA ITEM # LEJ
REPORT # 1 74
~~' STAFF REPORT
CITY COUNCIL MEETING
~` ~'' JUNE 26, 2007
~,_~~_. ,
REPORT PREPARED BY:
BETSY OSBORN, ADMINISTRATIVE SUPPORT
SERVICES MANAGER
NAMIi, T!l7,1
NAM)S, T177.1i
•
REPORT PRESENTER:
DEPARTMENT DIRECTOR REVIEW
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request for a community celebration event license and a temporary
on-sale 3.2 percent malt liquor license, with a request for a fee waiver, for the Fourth of July
Committee for events scheduled to take place at Veterans Memorial Park, June 29 through
Julv 6, 2007.
I. RECOMMENDED ACTION:
By Motion: Approve the following for the Fourth of July Committee
for the annual events scheduled to take place June 29 through July 6,
2007:
• Approve a community celebration event license for 6/29-7/6/07;
• Approve a temporary on-sale 3.2 percent malt liquor license;
• Waive associated fees.
II. BACKGROUND
Each year the Fourth of July Committee makes application for a community
celebration event license and requests that the community celebration fee of $5,000
be waived for the activities that take place throughout the City for this celebration.
This year's celebration is scheduled to take place June 29 through July 6, 2007.
0626 Fourth of July Celebration 2007 Event Licenses
As in the past, they have also included a request for a temporary on-sale 3.2
percent matt liquor license that would allow them to serve beer and wine coolers at
Veterans Memorial park during the July 3rd activities. A copy of the liquor liability
insurance has been provided.
• A detailed activity plan of the days' events is currently on file.
The food concessions will be staffed by members of various organizations, most of
which have been with the committee since the celebration began.
The committee has contacted food sanitarians from the City of Bloomington to
ensure that proper food handling practices are followed. They will work with
Bloomington sanitarians and follow their recommendations for safe and wholesome
food handling. In addition, each individual concessionaire has been approved by
Laima Dingley of the Bloomington Health Department.
All fees for each professional concession have been received.
III. BASIS OF RECOMMENDATION
A. POLICY
The applicant has complied with all of the provisions of the City
application process and meets the requirements for fee waiver.
$. CRITICAL ISSUES
• Public Safety Police Officers have been hired by the Fourth of July
Committee to patrol the area for this event.
There have been no alcohol-related incidents in the past for this event.
C. FrNANCIAL
• N/A
D. LEGAL
N/A
ALTERNATIVE KECOMMENDATIUN~S) I
Deny the request of a community celebration event license and a temporary
on-sale 3.2 percent malt liquor license. This would result in the applicant not
being able to conduct activities, especially those concerning food preparation
and temporary on-sale 3.2 percent malt liquor sales, on June 29 through July
6, 2007.
V ATTACHMENTS
• None
PRINCIPAL PARTIES EXPECTED AT MEETING
• Robert Houlton, President of the Fourth of July Committee, has been notified
of the date for Council consideration of this request.
•
•
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
AGENDA SECTION: CONSENT
AGENDA ITEM # Leg
REPORT # lgp
J
REPORT PREPARED BY:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAMIi, T/l~l,~~
REPORT PRESENTER:
NAME,
•
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
~~ ITEM FOR COUNCIL CONSIDERATION:
Consideration of an annual request for a temporary on-sale 3.2 percent malt liquor license for
activities scheduled to take place July 3 and 4, 2007 for the Minneapolis-Richfield American
Le ion Post 435, 6501 Portland Avenue.
I. RECOMMENDED ACTION:
By Motion: Approve a temporary on-sale 3.2 percent malt liquor
license for the Minneapolis-Richfield American Legion Post 435, 6501
Portland Avenue, for activities scheduled to take place July 3 and 4,
2007.
II. BACKGROUND
On May 24, 2007, the Minneapolis-Richfield American Legion Post 435 submitted
their annual request for a temporary license to serve on-sale 3.2 percent malt liquor
for the 4th of July activities. The required licensing fees have been received.
This request is in conjunction with the Richfield Fourth of July Celebration and has
• been organized by the Fourth of July Committee. Their plans are to have an open
house and community dance outside on their property, and they would like to serve
refreshments, including beer. Their food menu will consist of items such as hot
0626 Legion Fourth of July Licenses
dogs, hamburgers, sloppy joes, pork chops, brats, chicken wings, onion rings,
french fries, riblets, corn, ice cream, cookies, candy, soda, and water.
Licensing requirements for the preparation and service of food for this event is
covered under the Minneapolis-Richfield American Legion's annual food license.
The applicant has contacted food sanitarians from the City of Bloomington to ensure
that proper food handling practices are followed. They will work with Bloomington
sanitarians and follow their recommendations for safe and wholesome food
handling.
Their current liquor license is only valid for the serving of alcohol within the
establishment and does not cover the exterior serving. Proof of liquor liability
insurance coverage to cover the exterior of their property has been provided,
showing Insurance Corp. of Hanover as affording the coverage.
The Public Safety Department did not receive any calls in connection with this
celebration for the previous year.
III. BASIS OF RECOMM LNDATION
A. POLICY
• The applicant has complied with the City codes pertaining to a
temporary on-sale 3.2 percent malt liquor license.
• The City has previously issued temporary on-sale 3.2 percent malt
liquor licenses in conjunction with the Fourth of July Celebration.
B. CRITICAL ISSUES
• That the sale of 3.2 percent malt liquor cease no later than Midnight.
• The applicant has hired a professional security organization to
oversee all hours of operation for this event.
• There have been no alcohol-related incidents in the past for this event.
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE KECOMMENDATION(S)
• Deny the request of a temporary 3.2 percent malt liquor license. This would
result in the applicant not being able to conduct activities, especially those
concerning the temporary sale of 3.2 percent malt liquor, in conjunction with
the Fourth of July Celebration. However, the Public Safety Department has
not found any basis for denial.
V. ATTACHMENTS
• N/A
VI. PRINCIPAL PARTIES EXPECTED AT
• Koger wysong, region Manager,
consideration of this request.
> been notified of the date for Council
•
STAFF REPORT
CITY COUNCIL MEETING
JUNE 26, 2007
AGENDA SECTION
AGENDA ITEM #
REPORT #
~;
CONSENT
4L
181
REPORT PREPARED BY:
COUNCIL PRESENTER:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
i'VAMli, TITl.l:'
•
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY 1~`
MANAGER: '-^
,'°a.._
ITEM FOR COUNCIL CONSIDERATION:
Approval of the continuation of the agreement with the City of Bloomington for the provision of
food ins ection services for Richfield for the ear 2007.
RECOMMENDED ACTION:
By Motion: Approve the continuation of the agreement with the City
of Bloomington for the provision of food inspection services for
Richfield for the vear 2007.
•
II. BACKGROUND
The City of Bloomington has provided inspection and enforcement services in the
areas of food service and plan check for food services for many years.
The proposed contract for 2007 for food service inspections and plan check food
services will be $83,486 compared to the 2006 contract amount of $80,100. The
increase is as a result of an approximately 4.2% adjustment for salaries and
benefits.
The terms of the contract still provide for the contract to be terminated upon the
expiration of 30 days after service of written notice upon the other party, if there
should be a need to terminate it before it expires December 31, 2007.
0626 Bloomington Food Inspection Agreement for 2007
III. BASIS OF RECOMMENDATION
A. POLICY
• The City of Bloomington has sufficient resources to provide a
professional level of inspection services to Richfield residents. Annual
evaluations of their services have shown that they are providing
efficient services in a very cost-effective manner.
B. CRITICAL ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• The Council could decide to have Richfield provide its own food services
inspections and plan check food services. The cost of hiring the staff
necessary to provide the same level of services and administrative support
would be more than our current expenditures and would require a budget
increase.
V. ATTACHMENTS
• 2007 City of Bloomington Food Inspection Contract.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
~ L~ I
AGREEMENT
• This Agreement is made this day of , 2007, by and between the City of
Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter
referred to as "Bloomington").
WHEREAS, Richfield is authorized and empowered to provide for various types of
environmental health inspections and code enforcement to ensure the public health,
welfare and safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement that
certain of such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth below, the above parties hereto agree as follows:
1. The term of this agreement shall be from January 1, 2007 through December
31, 2007, subject to termination as provided in paragraph 7.
2. For the term of this agreement, Bloomington shall provide Richfield with the
• following services, in and on behalf of Richfield:
a. Food service inspections and code enforcement as necessary (a
minimum of two inspections will be done of all "high risk" restaurants and
at least one inspection will be done of all grocery stores. "Low risk"
packaged food establishment will be inspected once per 24 months and
"medium risk" food services establishments once per year).
b. Plan Check for food services.
c. Public swimming pool inspections as necessary.
d. Lodging inspections as necessary.
3. Bloomington shall have control over the manner in which the inspections, plan
review and code enforcement activities are conducted and over the determination of what
enforcement action is appropriate and consistent with Richfield City Code Section 615 and
other policies as established by the City of Richfield.
• 4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
1 ~i
5. In 2007, Richfield shall pay Bloomington the sum of EIGHTY-THREE
• THOUSAND, FOUR HUNDRED EIGHTY-SIX AND NO/100 DOLLARS for services
provided pursuant to this agreement. One-half of this amount shall be due on June 30,
2007, and the remainder shall be due on November 30, 2007.
6. This agreement shall terminate as follows:
a. Upon the expiration of 30 days after service of written notice upon the other
party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31, 2007.
7. In the event of a termination prior to December 31, 2007, a prorata reduction of
the compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its
officials, agents and employees from and against all claims, actions, damages, losses and
• expenses arising out of or resulting from Bloomington's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Bloomington. This provision shall not
be construed as a waiver by either party of any defenses, immunities or limitators on
liability with respect to claims made by third parties.
9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Richfield's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by
any negligent act or omission or willful misconduct of Richfield. This provision shall not be
• construed as a waiver by either party of any defenses, immunities or limitators on liability
with respect to claims made by third parties.
~L~~
10. Bloomington shall carry liability insurance in the amount of at least $300,000 per
• individual and $1,000,000 per occurrence. Bloomington shall carry property damage
liability insurance in the amount of $100,000. Richfield shall be named as an additional
insured, and a certificate of said insurance shall be provided to Richfield. Bloomington
shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section
176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the
Richfield.
11.Any employee assigned by Bloomington to perform its obligations hereunder
shall remain the exclusive employee of Bloomington for all purposes including, but not
limited to, wages, salary and employee benefits.
12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide for and on behalf of Richfield:
a. Lead inspections and lab services;
b. Housing and grossly unsanitary dwellings inspections and code enforcement
• services;
c. Mold inspection and code enforcement services; and
d. Noise inspection and code enforcement services.
Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00 per
hour, and said hourly rate shall be separate from, and in addition to, the payment provided
for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain
applicable with respect to the lead, housing, mold and noise inspection services being
provided.
13. It is agreed that nothing herein contained is intended or should be construed in
any manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the persons employed by Bloomington as the agent,
representative or employee of Richfield for any purpose or in any manner whatsoever.
Bloomington is to be and shall remain an independent contractor with respect to all
services performed under this contract. Bloomington represents that it has, or will secure
at its own expense, all personnel required in performing services under this contract. Any
and all personnel of Bloomington or other persons, while engaged in the performance of
~L~
any work or services required by Bloomington under this contract, and shall not be
• considered employees of Richfield ,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 Bloomington, its officers, agents contracts or
employees shall in no way be the responsibility of Richfield; and Bloomington shall defend,
indemnify and hold Richfield, 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 Richfield, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensations, Unemployment Compensation, disability, severance pay and
PERA.
14.The books, records, documents, and accounting procedures of Bloomington
• relevant to this Agreement, are subject to examination by Richfield and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05,
Subd. 5.
15. This Agreement represents the entire Agreement between Bloomington and
Richfield and supersedes and cancels any and all prior agreements or proposals, written
or oral, between the parties relating to the subject matter hereof, any amendments,
addenda, alterations, or modifications to the terms and conditions of this Agreement shall
be in writing and signed by both parties.
16. Bloomington and Richfield agree to comply with the Americans With Disabilities
Act and not to discriminate on the basis of disability in the admission or access to, or
treatment of employment in its services, programs, or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs, and activities. Bloomington has designated coordinators to facilitate
compliance with the Americans With Disabilities Act of 1990 (ADA), 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. For information contact
•
~ L:-.
Human Services Division, City of Bloomington, 1800 West Old Shakopee Road,
Bloomington, Minnesota 55431; telephone: 952/563-8700; TDD: 563-8740. Richfield
agrees to hold harmless and indemnify Bloomington 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 by Richfield. Bloomington agrees to hold harmless and indemnify
Richfield from costs, including but not limited to damages, attorney's fees and staff time, in
any action or proceeding brought alleging a violation of ADA by Bloomington.
17. The City of Bloomington and the City of Richfield agree to submit all claims,
•
disputes and other matters in question between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the Mediation Center,
1536 Hewitt Avenue, St. Paul, Minnesota, 55104. 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 may commence such action prior to the
expiration of the applicable statute of limitations.
18. Both parties agree to comply with all applicable state, federal and local laws,
rules and regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year
C]
first written above.
Upon proper execution, this
Agreement shall be a legal
and binding obligation upon
the City of Bloomington
CITY OF BLOOMINGTON
By:
Its Mayor
By:
Its City Manager
City Attorney
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
•
AGENDA SECTION: C''THER BUSINESS
AGENDA ITEM # _ 6
REPORT # _ 182
a~~. ~.
JUNE 26, 2007
REPORT PREPARED BY:
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
STAFF REPORT
CITY COUNCIL MEETING
THOMAS FOLEY, TRANSPORTATION
ENGINEER
J
m
ITEM FOR COUNCIL CONSIDERATION:
Consideration of hiring WSB & Associates to assist the City in acquiring right of way for the
L ndale Avenue Brid e.
I. RECOMMENDED ACTION:
By Motion: Approve the hiring of WSB & Associates to provide right
of wa services for the L ndale Avenue Brid a Pro'ect.
IL BACKGROUND
The City of Richfield needs to begin the right of way acquisition process now to
keep the project on schedule for a July 2008 bid letting. To do this the City needs
the services of an experienced right of way agent to obtain the land necessary to
build the bridge.
With the tight time schedule City staff has asked for a proposal from WSB &
Associates who have staff who are qualified to provide the necessary services. A
• proposal costing $25,600 from WSB & Associates is attached.
~ III. BASIS OF RECOMMENDATION
0626 ROW Consultant
A. POLICY
• The replacement of the Lyndale Avenue Bridge over I-494 is identified
in the City's Comprehensive Plan.
B. CRITICAL ISSUES
• The purchase of land needed to build the Lyndale Avenue Bridge
must be purchased soon to keep the project on schedule for bid letting
in July 2008.
C. FINANCIAL
• Funds to pay for the right of way consultant would come from the
City's Municipal State Aid funds (gas tax revenues.)
D. LEGAL
• The City Attorney will be available to answer any questions on the
proposal .
IV. ALTF..RNA'hIVE RECOMME?~DATION(S)
• Secure proposals from other consultants. However, WSB & Associates has
qualified staff to perrorm the work. Also, WSB & Associates is responsible for
the design of the Lyndale Avenue Bridge Project. The right of way staff
would be able to consult with the designers on a daily basis to expedite their
work.
V. ATTACxv~ElyTS
Letter dated June 19, 2007 from Tony Heppelmann and Sonya Henning of
WSB & Associates to Thomas Foley, City of Richfield.
VI. PRItiCIPAL PARTIES EXPECTED A"I''_VIEETI'~G
None anticipated.
•
~i 1
June 19, 2007
Mr. Thomas Foley
Transportation Engineer
City of Richfield
6700 Portland Avcnuc
Richfield, MN 55423-2560
Ra Supplemental Agreement to Provide Right-of Way Acquisition Services
Improvements to I-494 and Lyndale Avenue Interchange
Dear Mr. Foley:
On behalf of WSB & Associates, hie., we are pleased to offer right-of--way acquisition services to
assist the City with the improvements to I-494 and Lyndale Avenue. We are experienced in
providing acquisition services and we offer comprehensive acquisition services available in a
project-wide, "turn key" format or on a task by task, parcel by parcel basis. We are flexible and
willing to assist in the manner that best serves the needs of the City.
WSB & Associates, Inc. is able to provide the following scope of services for the parcels associated
with this project:
Task 1. Title Research: The acquisition will require the completion of a report identifying the fee
owner of the property, and all other persons having an interest in the property including items such
as mortgages, coati°acts for decd, liens, easements, and other interests in the property.
Taslz 2. Appraisal and Appraisal Review: WSB & Associates, Inc. will engage qualified
appraisers to complete the required appraisals and review of those appraisals. The appraisers will
be only engaged upon approval from the City.
Task 3. Notification, Field Meeting and Report: This task includes one on-site visit with the
parcel owner, documented notification, parcel review and initialization. This task also includes
coordination with design, surveys and the appraiser.
Task 4. Parcel Sketch and Legal Description: A parcel sketch will be prepared to graphically
display the easement or fee taking. This sketch will be drafted for use in the appraisals as well as to
communicate the project needs to the landowners. A legal description will be written to be
incorporated in the final documents for recording.
Task 5. Offer to Purchase: This task includes one meeting with the City, one on-site meeting
wifll the property owner, and the foi7nal offer package and documents. This task also includes
coordination with the City Attorney, if necessary.
t3
6. Negotiation & Settlement: This task includes coordination with the City, one on-site meeting
with the property owner, and three hours per parcel of negotiation, document revisions and
settlement writing, if needed. This task also includes coordination with the township attorney, one
mortgage release, recording of documents and a f nal parcel file. Recording fees are additional.
Eminent Domain testimony is also available for an additional, hourly fee.
WSB & Associates, Inc will perform the above scope of services in accordance with our standard
contract with the township. Our estimated fee for these services is outlined as follows:
Task 1 (attorney) $ 200 each
Tasks 3-C (WSI3 & Associates, Inc.) $ 3,000 each
Fee per Parcel (not including appraisals): $ 3,200 each
The I-494 interchange with Lyndale Avenue will require the acquisition of property rights from
eight parcels. This parcel count assumes the following; CSM Shops is one parcel, the Woods (car
dealer) parcel is one parcel, and that Lamettrey Properties is two parcels. Therefore, the fee to
acquire these eight parcels is $25,600 plus the appraiser's fee and the review appraiser's fee. Please
let me know if you would like me to obtain a formal quote from respected appraiser.
If additional improvements are made to 77`x' street, the parcels that are aficcted by the interchange
project would also be afTected by the 77`x' street improvements. However, one additional parcel
would he required to complete the 77`x' street improvements, which would require an acquisition fee
of $3,200 plus the appraiser's fee and the review appraiser's fee.
Thank you for the opportunity to be of service to you. If you are in agreement with the terms of this
proposal, please sign below on the space provided and return one copy to us for our records.
Please do not hesitate to contact Sonya at 763-287-7141 with any questions or com~llents.
S1nCe1'Cly,
WSI3 & Associates; lire.
Tony Hcppehnaun Sonya f Ienning
Vice President Right of Way Services Manager
ACCEPTED I3Y:
City of Richfield
Name
Title