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100813completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 8, 2013 SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 5:30 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 5:30—5:45 p.m. 1. Discussion with the City Attorney regarding individual email addresses for City Council Members Notes: 5:45—6:15 p.m. 2. Discussion regarding 2014 Utility Budget (Council Memo No. 91) Notes: 6:15 —6:45 p.m. 3. Discussion regarding franchise fee rates (Council Memo No. 91) Notes: 6:45— 7:00 p.m. 4. Discussion regarding proposed Corridors of Commerce Solicitation Response (Council Memo No. 91 ) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 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 the minutes of the (1) Special City Council Meeting of September 24, 2013; (2) Special City Council Worksession of September 24, 2013; and (3) Regular City Council Meeting of September 24, 2013 PRESENTATION 1. Presentation by Richfield School District Superintendent Robert Slotterback 2. Presentation by Richfield Citizens for a Quality Community regarding the School District referendum 3. Annual meeting with the Arts Commission COUNCIL DISCUSSION 4. Council discussion • HRA Commissioner Interviews • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of the agenda CONSENT CALENDAR 6. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action on these items is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of the approval of a resolution certifying delinquent water, sanitary sewer and storm water utility accounts to the county auditor S.R .No. 204 B. Consideration of the approval of a resolution regarding establishing a one-time employee early retirement/severance program for regular full-time and part-time dispatch employees S.R. No. 205 C. Consideration of the approval of a resolution in support of the 77th Street/Trunk Highway 77 Underpass project S.R. No. 206 D. Consideration of the approval of hiring WSB &Associates, Inc. to provide final design services for the North Richfield Parkway Project (63rd Street to 65th Street) at a cost not to exceed $67,488 S.R. No. 207 Notes: 7. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 8. Continuation of the public hearing regarding a resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2012 and a resolution proposing a similar assessment process to be implemented for 2014 and consideration of removing the proposed assessment and all future 77th Street Maintenance District assessments to PID 3402824210004 - Soo Line Railroad Company Staff Report No. 208 Notes: 9. Public hearing regarding a resolution adopting the assessment for weed elimination from private property and removal or elimination of public health or safety hazards from private property Staff Report No. 209 Notes: 10.Public hearing regarding a resolution adopting the assessment for unpaid false alarm user fees against private property Staff Report No. 210 Notes: CITY MANAGER'S REPORT 11.City Manager's Report Notes: 12.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: 13.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. CITY OF RICHFIELD, MINNESOTA Office of City Manager October 3, 2013 Council Memorandum No. 91 The Honorable Mayor and Members of the City Council Subject: October 8, 2013 City Council Work Session Council Members: At the October 8th Work Session Public Works staff will be presenting the following items for discussion: • 2014 Utility Budget • Franchise Fee Rates • Proposed Corridors of Commerce Solicitation Response: Capacity Improvement • Additional capacity to Trunk Highway 62 between TH 100 and Penn Avenue • Additional capacity to Trunk Highway 62 between Portland Avenue and TH 77 • Congestion relief to 1-494 through access consolidation at Portland Avenue and the construction of the 77th St Underpass at TH 77. Freight Bottleneck/Capacity Improvement • Completion of Phase 1 of the 1-494/1-35W Interchange Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. Re,( T'- II submitte•, OAV 11111 1 L ity Manager SLD:KDA Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting CG e Advisory Board/Commission Applicant Interview September 24, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; Edwina Garcia; and Tom Fitzhenry. INTERVIEW OF APPLICANTS The City Council conducted an interview of the following applicants for appointment to a City Advisory Board and Commission: Mirza Baig Alexander Dahl Emilia Gonzalez Avalos ADJOURNMENT The meeting was adjourned by unanimous consent at 6:05 p.m. Date Approved: October 8, 2013. Debbie Goettel Mayor Cheryl Krumholz John Stark Executive Coordinator Acting City Manager CITY COUNCIL MINUTES Richfield, Minnesota ge:CgleedSpecial City Council Worksession September 24, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:09 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia and Present: Tom Fitzhenry. Staff Present:: John Stark, Acting City Manager; Mike Eastling, Public Works Director; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING THE I-494/1-35W INTERCHANGE (COUNCIL MEMO NO. 85) April Crockett, MnDOT; Mark Kierling, SEH; and Charles Carlson, Metro Transit, made a presentation on the progress of the 1-494/1-35W Interchange Layout Development Project, including preliminary design concepts for the interchange and transit way. John Griffiths, MnDOT, discussed the state-wide Corridors for Commerce program. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:58 p.m. Date Approved: October 8, 2013 Debbie Goettel Mayor Cheryl Krumholz John Stark Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota geZqeeed Re 9 ular Meeting September 24, 2013 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:02 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom Present: Fitzhenry. Staff Present: John Stark, Acting City Manager; Todd Sandell, Public Safety Director; Chris Regis, Finance Manager; Melissa Poehlman, City Planner; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl/, S/Fitzhenry to approve the minutes of the (1) Special City Council Worksession of September 10, 2013; (2) Special Concurrent City Council and HRA Worksession of September 10, 2013; and (3) Regular City Council Meeting of September 10, 2013. Motion carried 5-0. Item #1 PRESENTATION BY HENNEPIN COUNTY ATTORNEY MIKE FREEMAN Hennepin County Attorney Mike Freeman provided a report on crime trends and outcomes in the metropolitan area. Council Meeting Minutes -2- September 24,2013 Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Elliott reported on the success of the Open Streets at PennFest. Council Member Sandahl announced the I-35W/I-494 interchange layout development open house on October 3, 2013 at St. Richard's Church. Council Member Sandahl stated she is unable to attend the National League of Cities conference in November and suggested that Council Member Garcia consider attending. Mayor Goettel announced the Richfield Foundation Wine and Cheese Gathering at Woodlake Center on October 10, 2013. Item #3 COUNCIL APPROVAL OF AGENDA Mayor Goettel stated a representative from St. Richard's requested Consent Calendar Item 4F be moved to Item 5 for separate consideration. Council Member Fitzhenry requested Item 4E also be moved to Item 5. M/Elliott, S/Fitzhenry to approve the agenda as amended. Motion carried 5-0. Item #4 CONSENT CALENDAR A. Consideration of the approval of canceling the public hearing regarding a resolution authorizing the City of Richfield to seek a $200,000 Minnesota Investment Fund loan from the MN Department of Employment and Economic Development to assist Solera Corporation in locating in Richfield S.R .No. 186 B. Consideration of the approval of the transfer of funds to close the 76th Street East Reconstruction Capital Project Fund S.R. No. 187 C. Consideration of the approval of a grant agreement between the State of Minnesota, acting through the Department of Employment and Economic Development and the City of Richfield for a Minnesota Investment Fund loan in the sum of$550,000 and a resolution authorizing the loan agreement between the City of Richfield and Endeavor Air, Inc. S.R. No. 188 RESOLUTION NO. 10838 RESOLUTION APPROVING MINNESOTA INVESTMENT FUND LOAN AGREEMENT BETWEEN THE CITY AND ENDEAVOR AIR, INC. This resolution appears as Resolution No. 10838. D. Consideration of the approval of the request by the American Legion, 6501 Portland Avenue, for a temporary on-sale 3.2 percent malt liquor license for the Magicians Hockey Tent Party event scheduled on September 28, 2013 S.R. No. 189 E. Moved to Item 5. F. Moved to item 5. G. Consideration of the approval of the request by the Richfield Foundation for a temporary on- sale intoxicating liquor license for their Wine and Cheese Tasting event on October 10, 2013 S.R. No. 192 Council Meeting Minutes -3- September 24,2013 H. Consideration of the approval of a resolution authorizing the Department of Public Safety/Police to become a member of the Minnesota Internet Crimes Against Children Task Force (ICAC) and to receive federal funding from the Office of Justice Programs to assist in the prevention, interdiction, investigation and prosecution of internet crimes against children and technology facilitated child exploitation S.R. No. 193 RESOLUTION NO. 10839 RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO BECOME A MEMBER OF THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) AND TO RECEIVE FEDERAL FUNDING FROM THE OFFICE OF JUSTICE PROGRAMS TO ASSIST IN THE PREVENTION, INTERDICTION, INVESTIGATION AND PROSECUTION OF INTERNET CRIMES AGAINST CHILDREN AND TECHNOLOGY FACILITATED CHILD EXPLOITATION This resolution appears as Resolution No. 10839. I. Consideration of the approval of accepting and entering into a contract with Business Impact Group for program design and fulfillment for Fire Department uniform items S.R. No. 194 J. Consideration of the approval of the request by the Champp's Operating Corporation d/b/a Champps Americana for a retail on-sale 3.2 percent malt liquor license to serve at Magicians hockey games in 2013 at the Richfield Ice Arena S.R. No. 195 M/Goettel, S/Garcia to approve the Consent Calendar as amended. Motion carried 5-0. Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR Item 4E. Consideration of the approval of the request by the Church of St. Peter, 6730 Nicollet Avenue, for a temporary on-sale intoxicating liquor license for their annual Fall Festival on October 4, 5 and 6, 2013 S.R. No. 190 Item 4F. Consideration of the approval of the request by the Church of St. Richard, 7540 Penn Avenue, for a temporary on-sale intoxicating liquor license for their Novemberfest event on November 9 and 10, 2013 S.R. No. 191 Council Member Garcia presented Staff Report Nos. 190 and 191. Public Safety Director Sandell provided the historical perspective, dating back 10 years, on instituting the fees. Council Member Elliott stated he had no problem with waiving the fee. Mayor Goettel stated a considerable amount of staff time is spent conducting the necessary investigations related to issuing a liquor license. City Attorney Tietjen stated the current City Code does not allow for a fee waiver. If the City Council wishes to consider doing so in the future, staff should be directed to amend the criteria for a fee waiver. Council Member Garcia stated she did not support a fee waiver because it may start a process for other non-profits to make that request and there needs to be consistency. Council Member Sandahl stated she did not support a fee waiver because of the fairness issue and the need for staff time compensation. Council Meeting Minutes -4- September 24,2013 M/Garcia, S/Goettel to deny the granting of a fee waiver to the Church of St. Peter and the Church of St. Richard for their temporary on-sale intoxicating liquor license. Motion carried 4-0. (Elliott abstain) M/Sandahl, S/Fitzhenry to approve the request by the Church of St. Peter, 6730 Nicollet Avenue, for a temporary on-sale intoxicating liquor license for their annual Fall Festival on October 4, 5 and 6, 2013 and to approve the request by the Church of St. Richard, 7540 Penn Avenue, for a temporary on-sale intoxicating liquor license for their Novemberfest event on November 9 and 10. 2013. Motion carried 5-0. Item #6 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING TO THE INTEREST RATE FOR INTERNAL LOANS FROM THE CITY'S PERMANENT IMPROVEMENT REVOLVING FUND, AMENDING SUBSECTION 315.07 OF THE RICHFIELD CITY CODE S.R. NO. 196 S.R. No. 196 Council Member Elliott presented Staff Report No. 196. M/Elliott, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-18 relating to the interest rate for internal loans from the City's Permanent Improvement Revolving Fund, amending subsection 315.07 of the Richfield City Code, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #7 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING TO TOBACCO AND THE REGULATION OF ELECTRONIC CIGARETTES AND ESTABLISHING PENALTIES FOR NONCOMPLIANCE AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 197 Council Member Sandahl presented Staff Report No. 197. M/Sandahl, S/Fitzhenry that this constitutes the second reading of Bill No. 2013-19 relating to tobacco and the regulation of electronic cigarettes and establishing penalties for noncompliance, amending Section 1146 of the Richfield City Code, that it be published in the official newspaper and made part of these minutes; and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10840 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-19 Motion carried 5-0. This resolution appears as Resolution No. 10840. Council Member Sandahl requested the Advisory Board of Health consider making a recommendation to restrict the distance from the door for smoking.in outside dining areas. Item #8 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING TO HOARDING AS A NUISANCE AFFECTING PUBLIC HEALTH S.R. NO. 198 Mayor Goettel presented Staff Report No. 198. Council Meeting Minutes -5- September 24,2013 City Attorney Tietjen explained the ordinance defines the conditions of hoarding and provides staff the tools to address the issue but does not authorize illegal searches of private homes. M/Goettel, S/Sandahl that this constitutes the second reading of Bill No. 2013-20, relating to hoarding as a nuisance affecting public health, amending Section 925 of the Richfield City Code, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 5-0. Item #9 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE RELATING TO LAWN MAINTENANCE AND PRAIRIE VEGETATION AND DECLARING NOXIOUS WEEDS AND INADEQUATELY MAINTAINED VEGETATION A PUBLIC NUISANCE AND A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 199 Council Member Garcia presented Staff Report No. 199. M/Garcia, S/Goettel that this constitutes the second reading of Bill No. 2013-21 relating to lawn maintenance and prairie vegetation and declaring noxious weeds and inadequately maintained vegetation a public nuisance; amending Section 925 of the Richfield City Code; that it be published in the official newspaper and that it be made part of these minutes; and that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10841 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2013-21 Motion carried 5-0. This resolution appears as Resolution No. 10841. Item #10 CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A CONTRACT WITH THE CITY OF EDINA TO PROVIDE DISPATCHING SERVICE FOR THE RICHFIELD POLICE AND FIRE DEPARTMENTS S.R. NO. 200 Mayor Goettel presented Staff Report No. 200. M/Goettel, S/Sandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10842 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A CONTRACT WITH THE CITY OF EDINA TO PROVIDE DISPATCHING SERVICE FOR THE RICHFIELD POLICE AND FIRE DEPARTMENTS Motion carried 5-0. This resolution appears as Resolution No. 10842. Item #11 CONSIDERATION OF A RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CEDAR POINT COMMONS THAT WOULD ALLOW CONSTRUCTION OF A MCDONALD'S RESTAURANT AT THE NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY S.R. NO. 201 Council Meeting Minutes -6- September 24,2013 Council Member Fitzhenry presented Staff Report No. 201. Acting City Manager Stark provided the background related to the proposed restaurant. He reviewed the Planning Commission's advisory recommendation on the proposed plan, including building orientation, site design, materials, parking, pedestrian safety, and findings that it does not meet the goals and objectives of the originally approved PUD, the Cedar Corridor Master Plan nor the Comprehensive Plan. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10843 RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CEDAR POINT COMMONS Acting City Manager Stark briefly discussed the need for the Proposed PUD Amendment to be consistent with the Cedar Corridor Master Plan, the Comprehensive Plan and the adopted Cedar Point Commons PUD agreement. City Planner Poehlman reviewed the technical issues, including drive-thru setback, parking, delivery and waste hauling truck traffic, landscaping and lighting. Mayor Goettel stated she agreed with the Planning Commission findings for denial because the proposed restaurant does not meet the goals and objectives of the original PUD. She said she did not support this location for a McDonald's. Council Member Elliott expressed concern that none of the objections were raised at the first Planning Commission meeting when the restaurant proposal was made and was offended by how this was handled. Council Member Fitzhenry stated he believes this to be the wrong site for a McDonald's and that the community desired a sit-down restaurant. Council Member Sandahl agreed with the pedestrian concerns and expressed appreciation for McDonald's revisions from the first proposed plan. She continued that the site has been vacant a long time and she supported McDonald's because there are no alternatives. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10843 RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR CEDAR POINT COMMONS Motion carried 3-2. (Sandahl and Elliott oppose) This resolution appears as Resolution No. 10843. Item #12 PUBLIC HEARING REGARDING A RESOLUTION DENYING APPROVAL OF A PRELIMINARY AND FINAL PLAT FOR LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS (NORTHWEST CORNER OF 66TH STREET AND RICHFIELD PARKWAY) S.R. NO. 202 Council Member Fitzhenry presented Staff Report No. 202. Council Meeting Minutes -7- September 24,2013 City Planner Poehlman explained that the City Council is obligated to deny the plat request since that approval is dependent upon review of the proposed building, site and utility plans. Mark Kampmeyer, Ryan Companies, spoke about the economic impacts on the development and the change in consumer patterns. He stated there should be change and flexibility from the original PUD. Chris Simmons, Welsh Companies, explained the difficulty in attracting businesses to Cedar Point and that McDonald's would re-validate the area and help with leasing remaining vacancies. Chris Grote, Lindquist &Vennum, attorney representing McDonald's, requested the City Council re-visit Item #11 because he believed voting without a public hearing was improper and unlawful since McDonald's was denied the opportunity to speak. He expressed concern regarding the Planning Commission action based upon 'we can do better' as an objective standard. Trish Rothe, Kimle-Horn &Assoc., addressed the Planning Commission and City Council concerns stating that McDonald's had done everything within the site constraints. Sean Hayford Oleary, 7229 Second Avenue, expressed support for the City Council's decision because of bikeway impacts and the site plan is not what is envisioned by the community. Duane Helm, Mt. Calvary Church, expressed concerns regarding McDonald's being on the site because of its close location to their school and that the church had hoped for a development as originally planned. Anthony Thompson, McDonald's USA, expressed concern regarding being denied the opportunity to speak on Item #11. Doug Olson, 6608 Clinton Avenue, spoke in support of the Planning Commission's recommendation. He stated the success of Target and Home Depot makes the area marketable. M/Goettel, S/Fitzhenry to close the public hearing. Motion carried 5-0. M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10844 RESOLUTION DENYING FINAL APPROVAL OF A PLAT FOR LOTS 1, 2 AND 3, BLOCK 2, CEDAR POINT COMMONS Acting City Manager Stark explained a public hearing for a PUD was held before the Planning Commission which is the practice and as provided in the ordinance. City Attorney Tietjen stated that the Planning Commission held a public hearing on this matter and any interested parties had the opportunity to be heard. She also stated that the City Council is not legally required to conduct another public hearing. She added that the Planning Commission had a lengthy discussion on this issue and its recommendation to the City Council to deny the application was based on a number of factors and not solely the "we could do better" statement as suggested by the applicant's attorney. Acting City Manager Stark clarified the Planning Commission is an advisory commission and is not a prevailing factor in the vote. He stated that ultimately, the City Council must make its own findings and did so in adopting the resolution (and all of its findings contained therein) in their consideration of item #11. Motion carried 5-0. This resolution appears as Resolution No. 10844. Council Meeting Minutes -8- September 24,2013 Item #13 CONSIDERATION OF APPOINTMENTS TO THE CITY ADVISORY COMMISSIONS S.R. NO. 203 M/Sandahl, S/Fitzhenry to make the following appointments: ARTS COMMISSION Name Term Expires Alexander Dahl January 31, 2016 HUMAN RIGHTS COMMISSION Name Term Expires Emilia Gonzalez Avalos January 31, 2015 Mirza Baig (youth) August 31, 2014 Motion carried 5-0. Item #14 CITY MANAGER'S REPORT None. Item #15 CLAIMS AND PAYROLLS M/Fitzhen ry, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 09/24/13 AYE ec s: I - • ,•::,. .•: Payroll: 95584—95926 $ 563,973.95 TOTAL $ 2,552,626.63 Motion carried 5-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 8:53 p.m. Date Approved: October 8, 2013 Debbie Goettel Mayor Cheryl Krumholz John Stark Executive Coordinator Acting City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 6A REPORT# 204 MAI STAFF REPORT RICHFIELD CITY COUNCIL MEETING immommi OCTOBER 8, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: E 4 ' ,IGNATURE OTHER DEPARTMENT REVIEW: N/ 1 REVIEWED BY CITY MANAGER: , ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution certifying delinquent water, sanitary sewer and storm water utility accounts to the county auditor. I. RECOMMENDED ACTION: By Motion: Adopt the resolution certifying unpaid water, sanitary sewer and storm water service charges to the County Auditor to be collected with the other taxes on said properties. II. EXECUTIVE SUMMARY Chapter VII of the Richfield Code of Ordinances provides that delinquent water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. The code also authorizes a certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. 10082013 delinauent utilitvbills III. BASIS OF RECOMMENDATION A. BACKGROUND History of Increased Certification • Certification amounts continue to increase due to larger number of vacant and foreclosed homes and the poor economy. Below is a history of the increased certification since 2010. o 2010 - Certification totaled $278,086.88 for 582 properties. o 2011 - Certification totaled $298,977.55 for 591 properties. o 2012 - Certification totaled $312,060.07 for 572 properties o 2013 - Certification currently totals $412,735.94 for 909 properties, an average of$454.05 per account. Staff expects that, as in years past, many of the now delinquent accounts will be paid before certification. B. POLICY • State Statute and Chapter VII of the Richfield Code of Ordinances provide that unpaid water, sanitary sewer and storm water charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. • A Notice of Certification to Property Taxes (see attached) was sent on August 6, 2013 and a second notice will be mailed on October 9, 2013 to Richfield property owners owing utility charges. C. CRITICAL TIMING ISSUES • To prepay the special assessment and avoid certification, the entire past due amount must be paid by November 8, 2013 as stated in the attached Notice of Certification to Property Taxes D. FINANCIAL • Throughout the year, the Division bills and collects charges for water, sanitary sewer and storm water from accounts within the City. • The charges include a 6.5% penalty on unpaid balances. This penalty is paid quarterly against the accrued unpaid balance. • The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. A $50 certification fee is charged to each account assessed to taxes. • The assessment is spread over a period of one year at the rate of 8% per annum. E. 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. 2 F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • The Council could choose to not approve the resolution. However, the certification process is the only process the City has to collect these delinquent accounts. V. ATTACHMENTS • Resolution authorizing certification of unpaid water, sanitary sewer and storm water services charges to the County Auditor to be collected with other taxes on said properties. • Notice of Certification to Property Taxes. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 3 Le Ar I RESOLUTION NO. RESOLUTION AUTHORIZING CERTIFICATION OF UNPAID WATER, SANTITARY SEWER AND STORM WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075 provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all sanitary sewer services charges not paid within 15 days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, Ordinance Code 720 established rules, rates and charges for storm water service in the City of Richfield; and WHEREAS, Ordinance Code 705.19 thereof provides that all storm water service charges not paid may be certified to the County Auditor with taxes against such properties, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount, which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. There is hereby determined to be a total uncollected amount for water, sanitary sewer and storm water service of$412,735.94. 2. That a $50 certification charge shall be levied against each delinquent account, such charges totaling $45,450. 3. That the above-described assessment be spread over a period of one year at the rate of 8% per annum. 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution shall be sent to the Hennepin County Auditor. 4 l A V Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 5 RICHFIELD City of Richfield Public Works Department Utilities Division October 8, 2013 Property Owner Address Line 1 Property ID: Tax Roll Numeric Property Owner Address Line 2 Property Owner Address Line 3 Account#: Account Number Property Owner Address Line 4 Customer#: Customer Number Property Owner Address Line 5 Tenant/Owner: Customer Name Property Owner Address Line 6 Service Addr: Service Address Past Due Amt: Current WO Balance Subject: **FINAL NOTICE OF CERTIFICATION TO 2014 PROPERTY TAXES** Dear Richfield Utility Customer: Pursuant to Minnesota State Statutes, the City of Richfield certifies all delinquent (water, wastewater, storm water) charges to the Hennepin County annual property tax assessment roll. Your unpaid water utility balance is scheduled to be certified to the 2014 Hennepin County tax assessment roll. To prepay this special assessment and to avoid certification, please pay the entire past-due amount by November 8, 2013. Failure to pay the entire past-due amount will result in an additional 8% interest charge and a $50.00 service fee when assessed to your 2014 property taxes. If you have recently paid your past due amount, thank you and please disregard this notice. Contact the Utility Billing Division at 612-861-9164 or 612-861-9165 if you have any questions regarding your past-due amount or assessment procedures. lnformacion Importante: Si usted no entiende el contenido de esta carta, alguien tendra que traducirla para usted. i Gracias! X Please return this portion with your payment. Payment must be received by November 8, 2013 to avoid certification to your 2014 property taxes. Mail payment to: City of Richfield, Utility Payments, 6700 Portland Ave S, Richfield, MN 55423 Account Number: Account Number Past Due Amount: Current WO Balance Customer Number: Customer Number Tenant/Owner: Customer Name Property ID: Tax Roll Numeric Service Address: Service Address Property Owner: Property Owner Address Line 1 Property Owner Address Line 2 Property Owner Address Line 3 Property Owner Address Line 4 Date: Amount Paid: AGENDA SECTION: CONSENT AGENDA ITEM# 6B REPORT# 205 STAFF REPORT '� ��ii CITY COUNCIL MEETING OCTOBER 8, 2013 REPORT PREPARED BY: JESSE SWENSON, ASST. HR MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 1 SIGNATURE OTHER DEPARTMENT REVIEW: J N/A SIGNATU•D�_It Ef/to REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution regarding establishing a one-time employee early retirement/severance program for regular full-time and part-time dispatch employees. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing a one-time employee Early Retirement/Severance Program for regular full-time and part-time dispatch employees. II. EXECUTIVE SUMMARY In July of 2013, the City Council adopted a resolution to disband the City's 911 dispatch center and consolidate dispatch services with the City of Edina. Given the unusual circumstance of closing the dispatch center, the City is proposing to offer an early retirement/severance program to the regular full-time and part-time dispatch employees who remain actively employed with the City until the closure of the dispatch center. The early retirement/severance program recognizes the dedication of our dispatch employees and seeks to provide them with some compensation as they transition out of their jobs with the City. The severance program is similar to the City's severance policy provided to non- union employees: one week's wages for every year of service - up to twelve weeks 1008 Dispatch Early Retirement/Severancexxx maximum - as well as a continuation of the City's contribution towards health, dental and life insurance benefits for six months or until other coverage is obtained, whichever comes first. The early retirement program is only available to employees who are eligible for an unreduced PERA retirement. There are currently two dispatch employees who fall within this requirement. This program provides a two-part lump sum payment of $20,000. In order to qualify for either program, the dispatch employee will need to remain an active City employee, in their current job status, until the dispatch center closes. III. BASIS OF RECOMMENDATION A. BACKGROUND • The dispatch center is scheduled to close November 30, 2013. • There are 8 total regular full-time and part-time employees who would be eligible for the early retirement/severance program. In order to qualify for the program, the employee will need to remain an active employee in their current status until the dispatch center closes. • This program would be a one-time offer to only regular full-time and part-time dispatch employees. • Employees who are currently eligible for an unreduced PERA retirement may choose the early retirement option versus the severance option. • The early retirement program that has been developed by staff and is being proposed for City Council approval is a two-part lump sum payment. Eligible employees who would retire when the dispatch center closes would receive a $20,000 payment paid in two installments. The first payment would occur in 2013 and the second payment would occur in January of 2014. • The severance program would follow the City's severance policy language and employees would be eligible for one week of compensation for each full year of service, up to a maximum benefit equal to twelve weeks. Also, continued City contribution towards Health, Dental and Life insurance benefits for a period up to six (6) months following the month of termination or until other coverage is obtained by the employee, whichever comes first. B. POLICY • There is currently no City early retirement program available to offer City employees. • The City has an active severance policy, which the City Manager can use, when deemed necessary, for employees whose position is eliminated. C. CRITICAL TIMING ISSUES • The timing of any early retirement/severance is critical. The anticipated closing date of the dispatch center and last day of employment for the dispatcher employees is November 30, 2013. D. FINANCIAL • The early retirement incentive proposed in this program is typical to other programs offered by other governmental subdivisions. • The early retirement program proposed is similar to previous early retirement incentive programs offered to eligible City employees in 2009 and 2010 as a budget-saving means. • The actual funding from the program would be established through the City's General Fund. E. LEGAL • The City has the legal authority to provide a one-time early retirement/severance program. • The early retirement/severance program has been reviewed by the City Attorney. • Such financial incentive programs should be formally authorized by City Council Resolution. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • The City Council could decide not to approve this program. • The City Council could direct staff to revise this proposed program. • The City Council could decide to postpone consideration of this matter to a future meeting. V. ATTACHMENTS • Resolution • Early Retirement/Severance Program VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None - ( RESOLUTION RESOLUTION NO. RESOLUTION AUTHORIZING A ONE-TIME EARLY RETIREMENT/SEVERANCE PROGRAM FOR REGULAR FULL-TIME AND PART-TIME DISPATCH EMPLOYEES WHEREAS, in July 2013, the City of Richfield decided to disband the City's 911 dispatch center and consolidate dispatch services with the City of Edina; and WHEREAS, the City Council wishes to recognize the dedication of dispatch employees who are affected by the elimination of the department and provide them with some compensation as they transition out of their jobs with the City; and WHEREAS, given the unusual circumstance of eliminating an entire department within the City and closing the dispatch center, the City is establishing a one-time early retirement/severance program to eligible employees who remain actively employed with the City until the closure of the dispatch center; and WHEREAS, this one-time program is similar to the City's severance program available to other city employees, which provides for designated compensation and ongoing health coverage for a period of time; and WHEREAS, City staff has prepared a program setting forth the requirements and benefits for the early retirement/severance program and it is ready for implementation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby adopts the attached Early Retirement/Severance Program, dated , 2013, and directs the City Manager to implement such program. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk LP 911-Dispatcher 2013 Severance or Early Retirement Options (Information Only) The information provided assumes the dispatch center will be permanently closed as of November 30, 2013. All regular full-time and regular part-time employees may be eligible*for one of the following two options depending on the employee's PERA retirement status. The City's Human Resources Division must receive the employee's signed selection form no later than September 20, 2013. The following Options are subject to change and final approval by the Richfield City Council. Option A: Severance One week of compensation for each full year of service, up to a maximum benefit equal to twelve weeks of the respective employee's base compensation. Also, continued City contribution towards Health, Dental and Life Insurance benefits for eligible employees. The City contribution for such insurance benefits, through COBRA, may be continued for a period of up to six(6) months following the month of termination or until other coverage is obtained by the employee, whichever comes first. Employees can remain on the City plan through COBRA for up to 18 months if other coverage is not obtained. Leave accruals for Vacation, Personal Leave and Holiday will be paid out in a separate check from the severance check. If you have not sold back Vacation hours in 2013, you still have the opportunity to sell back up to 48 hours before November 15, 2013. The accrual payout will occur December 5, 2013, along with any worked hours from that pay period. The severance check will be issued on December 19, 2013. The payment can be paid out in a check, deposited into a 457 deferred compensation plan, or deposited into an employee-held H.S.A. account. Option B: Early Retirement Employees who are currently eligible for an unreduced(eg. Rule of 90) PERA Retirement may choose either Option A or Option B:Early Retirement. If an employee chooses the Early Retirement option, no additional Severance benefits are available. A$20,000 early retirement payment will be paid in two installments. The first payment of$10,000 will be December 19, 2013 and the second $10,000 payment will be January 2, 2014. The payments can be paid out in a check, deposited into a 457 deferred compensation plan, or deposited into an employee-held H.S.A. account. Leave accruals for Vacation, Personal Leave and Holiday will be paid out in a separate check from the severance check. If you have not sold back Vacation hours in 2013, you still have the opportunity to sell back up to 48 hours before November 15, 2013. The accrual payout will occur on December 5, 2013, along with any worked hours from that pay period. No City contribution towards insurance benefits through COBRA will be offered. However, the employee is eligible to be on COBRA for the federally mandated 18 month period. For a snapshot of your last payroll checks contact HR/Payroll. *Employees who terminate their employment prior to the dispatch center closing on November 30th are no longer eligible for either option. (113 - 911-Dispatcher 2013 Severance or Early Retirement Selection and Acknowledgement Form Choose One: Option A: Severance Option B: Early Retirement By choosing either Option A or Option B, I understand that I am committing to stay on in my current capacity as either a regular full-time or regular part-time dispatcher for the City of Richfield until the 911 dispatch center permanently closes. I also understand that I will no longer be eligible for either Option if I voluntarily terminate my employment with the City prior to the closure of the dispatch center on November 30, 2013. Name Signature Date The City's Human Resources Division must receive the employee's signed selection form no later than September 20, 2013. The above Options are subject to change and final approval by the Richfield City Council. AGENDA SECTION: CONSENT AGENDA ITEM# 6C REPORT# 206 STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 8, 2013 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME TITLE DEPARTMENT DIRECTOR REVIEW: UT -" I .ATURE OTHER DEPARTMENT REVIEW: 0 N/A' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution supporting the construction of the 77th Street/Trunk Highway 77 Underpass project. I. RECOMMENDED ACTION: By Motion: Adopt a resolution in support of the 77th Street/Trunk Highway 77 Underpass project. II. EXECUTIVE SUMMARY The City of Richfield has submitted a State bonding request in the amount of$12.5 million to facilitate the construction of the 77th Street Underpass. One of the Minnesota Management and Budget (MMB) requirements for the bonding requests is a resolution of support from the governing body of the applicant. The attached resolution is consistent with this requirement. III. BASIS OF RECOMMENDATION A. BACKGROUND • The underpass is the final phase needed to complete the overall 77th Street corridor project that began in the 1990s. 10082013UnderpassResolution • The purpose of the 77th Street corridor project was to construct an arterial reliever for traffic on 1-494, provide critical connections to regional economic centers, and to promote commercial redevelopment along the 1-494 corridor. B. POLICY • The construction of the 77th Street Underpass is identified in the Comprehensive Plan (6-15). C. CRITICAL TIMING ISSUES • The office of the MMB has requested the resolution by November. D. FINANCIAL • There is no financial impact in the resolution of support. • The resolution will be used for state bonding requests as well as future project funding applications. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • The Council may choose not to adopt the 77th Street Underpass Resolution at this time. Failure to submit a resolution to the MMB would result in the disqualification of the City's bonding request. V. ATTACHMENTS • 77th Street/Trunk Highway 77 Underpass Project Support Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. (0C — RESOLUTION NO. RESOLUTION FOR SUPPORT OF THE 77th STREET/TRUNK HIGHWAY 77 UNDERPASS PROJECT WHEREAS, the City of Richfield has previously completed phased improvements to 77th Street Corridor including 77th Street expansion and the reconstruction of the Penn Avenue Bridge over 1-494, the 76th Street Bridge over I-35W, and the Lyndale Avenue Bridge over 1-494; and WHEREAS, the City of Richfield feels the construction of the 77th Street underpass of Trunk Highway 77 would provide the following: • Completion of the 77th Street Corridor Plan • 1-494 traffic congestion relief • Multi-modal connection to MSP International Airport, the Mall of America, and the Metro Transit South Maintenance Garage • Regional Trail connection between the Minneapolis Grand Rounds and the Minnesota National Wildlife Refuge • Increased redevelopment opportunities along the 1-494 corridor; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the City Council of the City of Richfield hereby supports the construction of the 77th Street/Trunk Highway 77 Underpass Project: Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF RICHFIELD) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Richfield do hereby certify that the attached and foregoing Resolution was duly adopted by the Richfield City Council at its Regular Meeting on October 8, 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of , 20_ Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6D REPORT# 207 STAFF REPORT RICHFIELD CITY COUNCIL MEETING simmomm OCTOBER 8, 2013 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE OTHER DEPARTMENT REVIEW: 0 NIA REVIEWED BY CITY MANAGER: INV ITEM FOR COUNCIL CONSIDERATION: Consideration of a work proposal from WSB & Associates, Inc. for the final design of the North Richfield Parkway Project (63rd Street to 65th Street). I. RECOMMENDED ACTION: By Motion: Approve the hiring of WSB & Associates, Inc. to provide final design services for the North Richfield Parkway Project (63rd Street to 65th Street) at a cost not to exceed $67,488. II. EXECUTIVE SUMMARY Consistent with City Council direction, the Capital Improvement Plan, and the City's Comprehensive Plan, staff is working towards the completion of Richfield Parkway (63rd Street to 65th Street). This project would be the final connection piece between the roundabout on 66th Street and 17th Avenue to the almost complete Richfield Parkway North connection to Bloomington Avenue. The Engineering firm of WSB &Associates has submitted a proposal to provide the final design for the North Richfield Parkway Project in an amount not to exceed $67,448. 10082013WSBNorthRichfieldParkway III. BASIS OF RECOMMENDATION A. BACKGROUND • The City Council approved the ordering of the North Richfield Parkway Project on February 12, 2013. • WSB &Associates, Inc. is in the City's Engineering Consultant Pool and is an experienced engineering firm. WSB also completed the plans, specifications and construction services oversight on the Richfield Parkway and the Portland Avenue Roundabout Projects as well as the Richfield Parkway North Connection Project. B. POLICY • The Replacement of Cedar Avenue by a new Richfield Parkway is identified in the Comprehensive Plan (6-19). • Council approval is required for expenditures over $50,000. C. CRITICAL TIMING ISSUES • In order to complete the plans to provide for a 2014 reconstruction the final design should begin as soon as possible. D. FINANCIAL • The final design will be funded through the Special Assessment Bond proceeds which were acquired to fund the project earlier this year in the amount of$3,120,000. E. LEGAL • The City Attorney will be available to answer questions. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could choose not to hire WSB and Associates, Inc. and do a request for proposal for another engineering firm to provide their services for this project. However, staff believes that WSB and Associates, Inc. is qualified to perform the work at a reasonable cost. V. ATTACHMENTS • Proposal from WSB and Associates, Inc. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. Final Design of Richfield Parkway from 65th Street to 63rd Street (Phase 2) City of Richfield PROJECT OVERVIEW Our proposal for final design of Richfield Parkway from 65th Street to 63rd Street is based on completing a consistent connection between the previously completed roadway to the south (as part of the Cedar Point Commons) and&the nearly complete segment to the north (Richfield Parkway North Connection). This Phase 2 of the parkway will also include design of a portion of the Intercity Trail (Three Rivers Park District) from the northwest quadrant of the 66th Street roundabout up to the existing crossing of Richfield Parkway near 16th Street on the south end of Taft Park. The project involves construction of urban roadway, sidewalk and trail, replacement of water main and sanitary sewer, storm water facilities and street lighting. This scope assumes that removal of all of the homes adjacent to Richfield Parkway between 65th Street and 63rd Street(all currently owned by the City) will have been completed prior to construction in Spring 2014. Acquisition services are not a part of this scope of work, however preparation of legal descriptions and exhibits to define permanent right-of-way lines or temporary easements are included. The scope of services to be provided includes topographic survey,preparation of construction plans (including roadway landscaping plan and lighting), special provisions, cost estimates, and bidding documents. The final plan will include the alignments and locations of all of the construction elements in the plan including but not limited to the roadways, sidewalks and trails,parking lot modifications, bicycle accommodations, bus accommodations, pedestrian amenities, and lighting. SCHEDULE The project schedule assumes a start date during the week of October 14, 2013. Supplemental field survey will be performed in late October. 50%plans are anticipated to be submitted to the City on November 15, 2013. 90%plans shall be submitted to the City and MnDOT State Aid on December 13, 2013, with State Aid approval anticipated in early January. Bid opening is anticipated to be prior to the first Council meeting in February 2014. 1 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 � D WORK SCOPE This section outlines the work tasks that would be completed for the final design of Richfield Parkway from the 65th Street to 63rd Street. We have included all work tasks that we think may be needed to complete the project except for those that we believe are being completed by others, such as property acquisition or investigation of hazardous materials in the buildings that are to be removed to accommodate this construction. The WSB team will prepare construction documents (plans, specifications, and estimates) and associated engineering analysis and documentation required per agency requirements. The following work tasks are anticipated to be completed as part of the basic work for the project. Task 1: Project Management This task will consist of continued management and administration, project coordination and communication with the City of Richfield and Three Rivers Park District for the design phase. It includes periodic meetings with city staff and others to coordinate the various elements of the project. It is assumed that there will be 3 meetings of the project management team (public meeting is a separate task). WSB will provide meeting minutes for all meetings WSB attends as part of this project. For additional meetings of the project management team, WSB will charge $780.00 per meeting. This includes meeting preparation (agenda), meeting attendance, and meeting minutes. Also included in this task is billing preparation, invoicing,progress reports and other non-technical work associated with this phase of the project. Task 2: Data Collection/Field Design Survey WSB will complete the necessary field survey and also collect information on city and private utilities for the project area. Culverts, hydrants, gate-valves and other drainage and utility elements in the corridor would be located as part of this field survey. It is assumed that one (1) day of field survey may be necessary for the final design. This task also includes developing an updated design base map for the project from the survey information. Task 3: Geotechnical Study WSB will contract with a soils firm to collect some additional soils information for the project area for use in the design of the roadway and trail sections, as well as water, 2 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 sanitary and storm sewer utilities. Four soil borings along the alignment, assumed to be 10 feet deep, are proposed to facilitate pipeline and roadway design. A soils letter will be prepared with the recommendations for pavement design. Task 4: Final Design and Preparation of Construction Plans and Cross-Sections WSB will prepare a set of detailed construction plans for the grading, surfacing and drainage improvements associated with the roadway improvements. Specifically,the construction plan will consist of the following sheets and include items shown in Mn/DOT State Aid example plan set and City of Richfield example plans. • Title Sheet: Contains the location map, signature block, sheet index, project data, and station-reference point comparisons. • General Layout: Layout of the project showing the plan sheet layout and sheet numbers for reference. • Statement of Estimated Quantities: Contains Mn/DOT's standard pay item number, item description and quantity of all materials. Quantity totals will be subtotaled by funding source (including pro-rata of lump sum items and shared costs). References to quantity tabulations of each individual item will be made. Notes will be included where necessary for clarification. • Quantity Tabulations: Tabulations will be prepared summarizing the earthwork volumes by station and the balance of calculations by stage. Calculations will be done using the average end area method. Detailed tabulations of each item contained on the estimated quantities sheet will be included. Two independent quantity calculations with one set checked by a senior engineer will be prepared for each item. • Soils Construction Notes and Standard Plates: Soils and construction notes covering special requirements and critical information contained in the soils letter will be listed. Standard plates used on this project will also be listed. • Typical Sections: Sections will be shown for existing roadways and roadways to be constructed under this contract. The sections will be consistent with the pavement design, approved geometric layout, and soils and surfacing requirements shown in the soils letter. Surface type, base materials and subgrade corrections will be shown. • Miscellaneous Details: Provide horizontal geometry and details necessary for the construction of unique or non-standard items and other items identified during the detail design process. 3 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 (ftD - L • Standard Plans: Insert standard plans wherever needed to eliminate or supplement construction details in the plan.. • Construction Staging Plans and Layouts: Detailed plans will be prepared demonstrating a stage-by-stage process by which the new roadways can be constructed. It is assumed that the project will remain open to traffic during construction and that access to in-place businesses is to be maintained at all times. Detour plans will be provided if necessary. Prepare color coded general layout depicting staging sequence for use at meetings. • Traffic Control Plans and Tabulations: Detailed plans and notes will be prepared showing the locations of signs, barriers and striping necessary to accommodate the construction staging within the project area in a manner consistent with the MMUTCD Manual, Field Manual dated January, 2001, for Temporary Traffic Control Zone Layouts, and City of Richfield practices. The signing will be included on the staging plan. A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. • Alignment Plans and Tabulations: Prepare alignment plans showing proposed roadway centerlines, stationing and identifying alignment points with point numbers and curves with curve numbers, including permanent horizontal control points. Prepare tabulation sheets showing alignment and curve data (PC, PT, PI, POT, POC, PCC) for the alignment points shown on the alignment plan. Tabulated data will include station, delta, degree of curve, radius,tangent, curve length, superelevation rate and X and Y coordinates. • Existing Topography,Utility and Removal Plans and Tabulations: Prepare plans showing updated topographic features and private and public utilities, including wells, septic tanks, drain fields and field tile within the project limits; proposed centerlines and right-of-way lines; and also pavement, pipe, culvert, drainage structure removals, and tree clear and grub location and tabulations. • Roadway Plan Sheets: Prepare plans of the project providing detailed information on the location of items such as: roadways, sidewalks, shoulders, radii, turn lanes, acceleration lanes, driveways,tapers,right-of-way, easements, obliterations, station equations, fencing, etc. • Roadway Profile Sheets: Prepare profiles of the proposed mainline, cross roads and proposed driveways or driveway connections. Information shown on the profiles will 4 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 include items such as: vertical control, vertical curve data, top-of-finished surface, top-of-grading grade, culverts, subgrade corrections, removal of unsuitable materials and utilities (longitudinal and transverse crossings). Profiles along gutter flow lines will also be shown. • Additional Trail Sheets and Details: Prepare design details and additional sheets for trail components and details that are specific to trail construction, or extend south of 65th Street to the existing roundabout. Additional sheets are anticipated to accommodate Three Rivers Park District design standards, either generally or as specifically developed for the Intercity Regional Trail. • Storm Sewer Plans: Determine size of proposed drainage system components. WSB will determine the drainage areas for each structure and size the structure using an accepted hydrologic method. State Aid eligibility and cost splits will also be determined if necessary. Centerline profiles of proposed culverts and storm sewers will also be developed, including culvert or pipe size, length, grade, aprons, and inlet/outlet elevations. Known existing and proposed utility locations, along with elevations, will be shown and labeled. • Storm Water Rate Control and Treatment: Design and prepare plans to meet review agency requirements. This includes providing for special manhole treatment structures. • Intersection Details: Where driveways or side streets dictate deviation from standard cross-sections, detailed layouts will be prepared in order to ensure smooth grades and positive drainage. • Turf Establishment Plans and Temporary and Permanent Erosion/Sediment Control: Prepare plans showing areas requiring temporary and permanent turf establishment due to construction disturbance and the type of material to be placed (sod, seed, mulch,wood fiber blanket, etc.). Show the type and location of temporary and permanent erosion control devices, sedimentation basins,waters of the State within one-half mile of the project and wetlands identified on the NWI map. • Roadway Landscape Plans: This task includes the preparation of the landscape plan and other aesthetic treatments for the project. Items to be addressed include but are not limited to special treatments for sidewalks, crosswalks, benches, lighting, or other project elements. Plan sheets and specifications developed under this task will be included in the final construction documents. 5 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 • SWPPP—A Storm Water Pollution Prevention Plan will be prepared by WSB as required by the MPCA. • Signing Plans: Prepare permanent signing plans showing the location of proposed signs and containing all details necessary for the fabrication and installation of the signs in accordance with City and Mn/DOT specifications. Assemble plans and prepare tabulations in accordance with Mn/DOT Sign Plan Standards. Field check and record existing signs. It is assumed that all new signs will be used on the project. Signing required by the City or Three Rivers Park District for the trail will also be included. • Striping Plans and Pavement Marking: Prepare permanent striping plans showing the location, type, size and color of striping necessary for the permanent striping of this project, including standard plans. • Cross-Section Sheets: Prepare mainline and side road cross-sections. Show existing ground, proposed roadway template, grading grade, existing utilities, existing culverts, right-of-way,temporary easements, driveway slopes, subgrade correction, unsuitable soil removal, and topsoil placement. Compute earthwork volumes and balances and show end area calculations on right side of cross-section sheet. Existing ground for each cross-section will be created from contour information available on the base mapping. An overview sheet will be included to show cross-section match lines. Task 5: Special Provisions Special provisions will be written for unique items not covered adequately in the "Mn/DOT Standard Specification for Construction" or the "Mn/DOT Standard Special Provisions". The appropriate City specifications will also be part of the special provisions. Each provision will contain a description, materials, construction requirements, method of measurement and basis of payment for each item. Deletions from and additions to standard specifications will be written and included as necessary. An electronic copy in Microsoft Word format, or the most current version of a compatible software, and a hard copy of the final provisions will be submitted. Task 6: Construction Cost Opinion WSB will prepare a construction cost opinion based on quantities generated as part of the preparation of the construction plans. Costs will be split by funding source (including pro rata of lump sum items and shared improvements between different funding sources). An electronic copy and a hard copy of the final estimate will be submitted. 6 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 Task 7: Plan Review and Approval WSB will submit plans to and meet with the City of Richfield and Three Rivers Park District to review plans and specifications outlined in the previous tasks. Revisions will be made to plans as appropriate. WSB will submit plans and supplemental specifications for review and approval at three stages of development: 50% Plans: WSB will develop the plans to 50%completion. The plans for this stage will meet State Aid Standards(if necessary)and at a minimum will include existing topography and utility plans, vertical and horizontal alignment plans, intersection layouts, drainage plans, typical cross-sections, and preliminary utility relocations. Three(3) sets of prints will be submitted, plus one submittal to Three Rivers Park District. This stage will essentially be the final geometric layout. Upon receipt of review comments the plans will be revised accordingly. 90% Plans: After receiving approval of 50%plans, WSB will complete all areas of design and all sheets in the plan and submit eight(8) sets of plans and supplemental specifications, including to Three Rivers Park District. Three(3)sets of design computations (including drainage)and quantity calculations will also be submitted. One(1) copy of the engineer's opinion of probable construction costs will be submitted. Upon receipt of review comments the plans will be revised accordingly. Final Plans: After receiving approval of 90%plans, WSB will incorporate the comments and will submit one(1) complete set of signed originals on bond paper with eight(8)copies. In addition, one(1)complete set of design computations, basis of quantity, and quantity calculations, and one(1) copy of the engineer's opinion of probable construction costs will be submitted. Task 8: Utility Coordination WSB will coordinate with private and public utility owners in the corridor to identify affected utilities and develop a relocation plan. WSB will make a Gopher-State One-Call for a utility locate. Information on existing utilities will be placed on the plans and a copy will be provided to each utility to have them verify or correct the information. Potential utility impacts will be identified and a meeting will be held with each affected utility to discuss utility relocation plans. The proposed relocations will be shown on the plan and sent to each affected utility. Two meetings will be held with all utilities present; the first meeting after 50%plans are submitted and the second meeting after 90%complete plans 7 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 are submitted. Meeting minutes will be provided for all utility meetings by WSB within two weeks. Task 9: Obtain Permits Permit applications will be prepared and submitted to the Local Government Unit(LGU) for the Wetland Conservation Act(WCA),the US Corps of Engineers for Section 404 approval, and the Watershed District for stormwater management plan approval. A stormwater management plan will also be developed to be in conformance with the City's and watershed requirements. This task will also include preparing and submitting an application for the NPDES Stormwater Permit from the MPCA using the City format for SWPPP documents. Task 10: Public Involvement A public involvement program will be implemented that includes the following: 1. City Website: WSB will provide graphics and/or write ups of the project for the City website. This may include project schedules, layouts, landscaping plans, or other information that may be of interest to residents in the corridor or of the city of Richfield. Up to 4 updates will be provided over the length of the project 2. Individual Property Owner Meetings: One (1) business owner meeting is assumed to be held with Cedar Point Commons representatives to discuss associated impacts during the project development and design phases. 3. Public Open House: WSB will prepare materials for and staff one (1) open house meeting at approximately the 90%completion stage. The purpose of this meeting will be to communicate the details of the upcoming construction, including project limits and stages, with the residents. WSB will prepare project mailings, comment cards, and comment summaries as part of this meeting. Between agency meetings and property owner meetings this task includes a total of 2 meetings, including agenda, attendance and meeting minutes. If additional meetings are required WSB would bill the meetings separately at a cost of$780.00 per meeting. If additional open house format meetings are desired, WSB will bill these meetings separately at a cost of$1250 per meeting. 8 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 c - Task 11: Bid Letting WSB will prepare the bid proposal and contract documents in preparation for bidding of the proposed improvements. WSB &Associates, Inc. will provide originals of the bidding documents to the City of Richfield (on bond paper and/or in Microsoft Word or Adobe .pdf) for use in reproduction of sets for sale to potential bidders. WSB staff will be present at the bid opening, will analyze the bids, and submit a recommendation for award. Task 12: MnDOT Variance WSB will prepare plan sheets to reflect signing and striping modifications in order to obtain a state aid variance for a 25 mph design speed for the parkway. This process was originally started in June 2013 as part of the review of the North Connection plans. WSB will prepare the variance application (including text for a City Council resolution), supporting materials for the hearing, and attend the December 2013 variance hearing with City personnel. 9 City of Richfield Richfield Parkway Phase 2(65th St to 63rd St)Final Design September 27,2013 (i 1) - 10 Richfield Parkway Phase 2 (65th Street to 63rd Street) A Final Design WSB Work Plan and Estimate of Cost 411■1111■ &A SS<WirlieS,M .r_ . Estimated Hours Principal/ Project Project Land.Arch./ Engineering 2 Person Clerical/Office Task Manager Engineer Engineer Technician Survey Crew Tech Total Cost Final Design I PROJECT MANAGEMENT 24 16 4 44 $5,200, 2 DATA COLL./FIELD DESIGN SURV. 2 4 4 12 22 $2,85 3 GEOTECHNICAL STUDY SUBCONSULTANT(See Expenses) 4 FINAL DESIGN/CONST PLAN PREP Title Sheet 4 6 10 $9881 General Layout 2 6 8 $800 Estimated Quantities 2 8 4 8 22 $2,172 Quantity Tabulations 2 16 12 30 $3,012! Soils Construction Notes/Std.Plates 4 4 8 $784 Typical Sections 2 8 8 18 $1,852 _._ Miscellaneous Details/Standard Plans 8 4 12 $1,161 Construction Staging and Traffic Control 2 4 6 12 $1,272 Alignment Plans and Tabulations 2 4 6 $59' Utility and Removal Plans 6 8 14 $1,38 Roadway Plan and Profile Sheets 2 16 12 30 $3,012 Additional Trail Sheets 2 8 4 8 22 $2,172-- Storm Sewer Plan and Profile 2 16 8 26 $2,604 Intersection Details 8 6 14 $1,364 Turf Establishment/Erosion Control 4 4 8 16 $1,512 Roadway Landscape Plans 2 2 8 4 16 $1,520 Storm Water Pollution Prevention Plan 4 8 8 20 $1,832 Signing Plans 2 4 6 12 $1,272 Striping and Pavement Marking Plans 2 4 6 l2 $1,272 Cross-Sections 12 8 20 $1,944 5 SPECIAL PROVISIONS 4 24 16 44 $3,976 6 CONSTRUCTION COST OPINION 2 8 2 12 $1,196 7 PLAN REVIEW AND APPROVAL 2 12 16 30 $3,044, 8 UTILITY COORDINATION 2 8 4 4 18 $1,732 9 OBTAIN PERMITS 2 12 2 4 20 $1,860 10 PUBLIC INVOLVEMENT 2 4 4 2 12 $1,212 II BID LETTING 2 4 4 10 $948 12 MnDOT VARIANCE 16 32 24 8 80 $8,304 FINAL DESIGN SUBTOTAL 78 264 32 192 12 42 620 $62,848 ,verage Labor Cost $142.00 1 $94.00 I $80.00 $102.00 I $149.00 $72.00 Subtotal by Labor Category $11,076.00 j $24,816.00 I $2,560.00 I $19,584.00 1 $1,788.00 1 $3,024.00 $62,848.00 Evpenses Miscellaneous Expenses $501 Geoteehnical Subconsultant $4,100 otal Expenses $4,600 , TOTAL ESTIMATED COST OF SERVICES $67,448 9/27/2013 LoD1 1 1 Q _ - _ , -:-_. ti IZ > f 0 tii 3‘1- -14,4i , , , „. . ski 1r ..t i — _._ �F L .` • I. t I 1v� d .rl M1 _ � QQ f (V 4_0 _ - -r-:- R U 4 j w ,.. 17th t h Ave -I,J r3t!y 1 ' ,' t _S __ - r i '144 r N+ H• -, r ,, _ S 19AV L'119L _ ...� . . . i ` - 1.1i%h _ _ - ff X4 __ ✓' _ 5'I' E'•. • , i � uo.f3u!woora� aA ' � . .a _ F ® ..� . fi f + n. :k - an l l S, ' IRS - _ _ ; _ _ . , S any 11/S nab kA I. t, . I, I., 1 °e' IL i AGENDA SECTION: PUB.HEARING AGENDA ITEM# 8 REPORT# 208 -Ail STAFF REPORT RICHFIELD CITY COUNCIL MEETING OCTOBER 8, 2013 REPORT PREPARED BY: CHRIS LINK, OPERATIONS SUPERINTENDENT NAME,TITLE DEPARTMENT DIRECTOR REVIEW: la 0 SIGNATURE OTHER DEPARTMENT REVIEW: 0 1 ,r; REVIEWED BY CITY MANAGER: w Arraiiiivr • / ITEM FOR COUNCIL CONSIDERATION: Continued public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: Continue to conduct and close the public hearing and by motion: 1. Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2012. 2. Adopt the attached resolution proposing a similar assessment process to be implemented for 2014. 3. Remove proposed assessment and all future 77th Street Maintenance District assessments to PID 3402824210004- Soo Line Railroad Company II. EXECUTIVE SUMMARY Since 1988, the City has been performing special, high-quality maintenance along the 77th Street redevelopment area between I-35W and Cedar Avenue. 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 assessment on the 10081377thStAssess 77th Street businesses. This public hearing is a continuation of the hearing conducted on September 10th Staff is recommending the City Council approve resolutions that: 1. Assess $78,286.45 against the 77th Street properties for work done in 2012. 2. Propose a similar assessment process for 2014. 3. Remove proposed assessment and all future 77th Street Maintenance District assessments for PID 3402824210004- Soo Line Railroad Company in the amount of$530.47. III. BASIS OF RECOMMENDATION A. BACKGROUND • City staff has determined actual costs of current services to be assessed for the 2012 maintenance of this area to be $78,286.45, and estimate the cost for 2014 maintenance to be $80,000. • Fluctuations in expenditures for the maintenance of the 77th Street Redevelopment area are caused by a number of factors: o Weather determines water usage and irrigation costs o Street light knockdowns are not foreseeable and very expensive o The need to paint streetlights o Concrete repair varies from year to year. • Soo Line Railroad Company has disputed this assessment (attached). Staff is recommending removal of the assessment for the following reasons. o Soo Line Railroad also runs through the LHN Maintenance District, but currently is not assessed in that maintenance district creating inconsistencies in policy between the two maintenance districts. o Soo Line Railroad does not benefit from the services provided as other typical commercial properties that are within the district. o The early 77th Street assessments included a Soo Line property off of the rail line that was available for commercial and so was assessed. This property is now part of the Candlewood and LaMettry properties. B. 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 any structure included under the provisions of Minnesota Statutes, 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. • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. • The City does not assess residential properties for maintenance • The proposed assessment was properly filed with the City Clerk. • The Public Hearing Notice was published in the official newspaper on September 19, September 26, and October 3, of 2013. • Notice of the public hearing for the proposed maintenance costs in 2012 was mailed to all owners described on the assessment roll on September 18, 2013 meeting the two-week notification requirement. C. CRITICAL TIMING 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. D. FINANCIAL • Estimated and actual costs for the 77th Street maintenance services from 2002 - 2012 are: Year Estimate Actual 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 $69,606.52 2007 $80,000 $77,441.46 2008 $80,000 $77,000.01 2009 $80,000 $62,894.55 2010 $80,000 $64,124.81 2011 $80,000 $72,427.48 2012 $80,000 $78,286.45 2013 $80,000 • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year. • No interest will be charged if the entire assessment is paid before November 8, 2013. After that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at five percent (5%). • The estimated maintenance cost for the period January 1, 2014 through December 31, 2014 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. • Pending Council approval, Richfield's Street Department will pay for the Soo Line Railroad Line's 2012's assessment. All future assessments will be distributed amongst all property owners within the maintenance district. E. 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. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council may make any changes to the assessment roll as deemed necessary after the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2012 • Resolution proposing to specially assess for current services in 2014 • The 2012 assessment roll • The 2014 assessment roll • Copy of letter sent to assessed property owners • Graphic displaying 77th Street special assessment district • Copy of Soo Line Railroad Notice of Protest VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None I RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1, 2012 - DECEMBER 31, 2012 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of$78,286.45 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2013 and shall bear interest at the rate of five percent (5%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which payment is made. Such payment must be made before November 8th or interest will be charged through December 31st of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 8th day of October 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1, 2014 - DECEMBER 31, 2014 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on October 8, 2013 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. 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; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1, 2014 through December 31, 2014. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 8th day of October, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk .,3 2012 Actual Charges - 77th St Maintenance (1 of 2 pages) P!o... ..:. .. . . Parcel:A:ddress. ? .. .. ': : =::::::.:::::::: _ Owner.'. < . .:.. Amount Sq Feef 3302824430019 1401 WEST 76Th STREET MSB HOLDINGS-RICHFIELD LLC $2,402.87 114,501 3302824430049 2 MERIDIAN CROSSINGS MERIDIAN CROSSINGS LLC $4,148.37 197,677 3302824430050 1 MERIDIAN CROSSINGS MERIDIAN CROSSINGS LLC $4,548.88 216,762 3302824440110 7610 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,947.95 92,823 3302824440112 7600 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,021.18 48,661 3302824440113 7630 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $258.44 12,315 3302824440114 LYNDALE AVENUE SOUTH&W 76 1/2 VIKING PARTNERS KENSINGTON LLC $22.79 1,086 STREET 3302824440115 7644 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $205.24 9,780 3302824440231 1000 78TH STREET WEST CSM INVESTORS INC $7,868.66 374,955 3302824440232 710 78TH STREET WEST CSM SHOPS INC $6,892.31 328,430 3302824440233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $494.84 23,580 3302824440234 700 78TH STREET WEST CSM SHOPS INC $356.78 17,001 3302824440235 980 78TH STREET WEST CSM SHOPS INC $250.84 11,953 3302824440236 UNASSIGNED ADDRESS CSM SHOPS INC $491.21 23,407 3102824210004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $530.17 25,278 3402824330003 520 78TH ST WOOD MN RE LLC $1,296.07 61,760 3402824330004 501 WEST 77TH STREET WOOD MN RE LLC $704.30 33,561 3402824330005 7724 HARRIETAVENUE SOUTH WOOD MN RE LLC $123.92 5,905 3402824330006 500 WEST 78Th STREET WOOD MN RE LLC $437.80 20,862 3402824330007 401 WEST 77Th STREET THOMAS I WOOD $126.84 6,044 3402824330080 400 WEST 78Th STREET WOOD MN RE LLC $3,114.29 148,401 3402824330081 7745 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $1,525.13 72,675 3402824330082 7701 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $139.18 6,632 3402824330087 301 WEST 77TH STREET CPEC EXCHANGE 36846 LLC LA METTRY $1,032.26 49,189 3402824330088 351 WEST 77TH STREET HPT CW II PROP TRUST $2,195.41 104,615 3402824330150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $88.24 4,205 3402824330151 7645 LYNDALE AVENUE SOUTH#2 RICHFIELD SENIOR HOUSING INC $88.24 4,205 3402824330152 7645 LYNDALE AVENUE SOUTH#3 MAIN STREET OFFICE LLC $88.24 4,205 3402824330153 7645 LYNDALE AVENUE SOUTH#4 MAIN STREET OFFICE LLC $88.24 4,205 3402824330154 7645 LYNDALE AVENUE SOUTH#5 MAIN STREET OFFICE LLC $88.24 4,205 3402824330155 7645 LYNDALE AVENUE SOUTH #6 MAIN STREET OFFICE LLC $88.24 4,205 3402824340001 84 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP $301.27 14,356 3402824340053 200 WEST 78TH STREET TWO S PROPERTIES, INC $1,960.73 93,432 3402824340054 7700 WENTWORTH AVENUE SOUTH LEIGHTON PARTNERS LLC ATTN CHIEF MANAGER $423.22 20,167 3402824340055 7720 WENTWORTH AVENUE SOUTH HILMER M HOVELSON $422.52 20,134 3402824340056 100 WEST 78Th STREET VIKING PAINTS $486.05 23,161 3402824340057 7721 PILLSBURY AVENUE SOUTH VIKING PAINTS, INC $706.44 33,663 3402824340058 7715 PILLSBURY AVENUE SOUTH WILLIAMS PROPERTIES MN LLC $112.67 5,369 3402824340059 7717 PILLSBURY AVENUE SOUTH ROBERT A GEORGE $98.59 4,698 3402824340060 7709 PILLSBURY AVENUE SOUTH KERKER PROPERTIES LLC $211.60 10,083 3402824340061 7701 PILLSBURY AVENUE SOUTH H&M V PROPERTIES, LLC $211.64 10,085 3402824340065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET,LLC $391.51 18,656 3402824340066 7720 NICOLLETAVENUE SOUTH REALTY INCOME PROPERTIES 3, LLC $369.64 17,614 3402824340073 7700 PILLSBURY AVENUE S CITY OF RICHFIELD ATTN:COMMUNITY $858.37 40,903 DEVELOPMENT 3402824430005 140 EAST 78TH STREET B NELSON&G NELSON TRUSTEES $845.68 40,298 3402824430077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $488.34 23,270 3402824430078 7701 NICOLLETAVENUE SOUTH MENARD INC $8,575.69 408,646 3402824440006 7700 PORTLAND AVENUE SOUTH DONALD ELSEN $306.10 14,586 3402824440007 7730 PORTLAND AVENUE SOUTH D B R INC ELSEN BROTHERS INC $483.55 23,042 3402824440023 500 EAST 78Th STREET A G BOGEN CO $612.28 29,176 3402824440024 7708 5TH AVENUE SOUTH TBG, LLC $214.81 10,236 3402824440025 7714 5TH AVENUE SOUTH GARY WIBERG $214.10 10,202 3402824440027 7701 5Th AVENUE SOUTH A G BOGEN $282.74 13,473 3402824440028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT $215.88 10,287 3402824440029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO $436.82 20,815 3402824440030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CU $334.89 15,958 3402824440031 7744 5TH AVENUE SOUTH DJ&DJ LLC $643.94 30,685 2012 Actual Charges - 77th St Maintenance (2 of 2 pages) i:;Parcel,Address. ::,. .. .. ;_ : ,.... ... Amaonf SgFeet 3402824440032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU $770.44 36,713 3502824330006 7701 PORTLAND AVENUE SOUTH ASIAN DRCT ORIENTAL MKT INC $470.73 22,431 3502824330007 7727 PORTLAND AVENUE SOUTH HOMES RE 1 LLC $620.04 29,546 3502824330008 7733 PORTLAND AVENUE SOUTH LMMS PROPERTIES, LLC $578.51 27,567 3502824330009 616 EAST 78TH STREET UNIVERSITY AUTO PROP LLLP $526.84 25,105 3502824340002 7744 12TH AVENUE SOUTH B&S LAND DEVELOPMENT LLC $522.16 24,882 3502824430006 7711 14TH AVENUE SOUTH A G BOGEN $866.50 41,290 3502824430008 1200 EAST 78111 STREET PMB HOSPITALITY LLC $980.91 46,742 3502824430073 1400 EAST 78TH STREET A G BOGEN $305.82 14,573 3502824430074 1420 EAST 78TH STREET A G BOGEN COMPANY $1,010.65 48,159 3502824430076 1500 EAST 78TH STREET A G BOGEN COMPANY $1,253.95 59,753 3502824440004 7636 CEDAR AVENUE SOUTH G6 HOSPITALITY PROP LLC $1,166.46 55,584 3502824440006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $704.74 33,582 3502824440007 1640 EAST 78TH STREET JERRY E MATHWIG $828.93 39,500 3502824440008 1620 EAST 78TH STREET JERRY MATHWIG METRO SALES INC $1,134.84 54,077 3502824440010 1550 EAST 78TH STREET ADLER GRADUATE SCHOOL $2,930.39 139,638 3502824440031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC $700.71 33,390 3502824440032 UNASSIGNED ADDRESS CLEAR CHANNEL OUTDOOR INCORPORATED $39.29 1,872 Total: $78,286.45 3,730,482 % - 5- 2014 Proposed Charges - 77th St Maintenance (1 of 2 pages) PID 'P..reel Address Owner - 'Projected. ;8zj Feet: mount' , 3302824430019 1401 WEST 76Th STREET MSB HOLDINGS-RICHFIELD LLC $2,455.47 114,501 3302824430049 2 MERIDIAN CROSSINGS MERIDIAN CROSSINGS LLC $4,239.17 197,677 3302824430050 1 MERIDIAN CROSSINGS MERIDIAN CROSSINGS LLC $4,648.45 216,762 3302824440110 7610 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,990.58 92,823 3302824440112 7600 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $1,043.53 48,661 3302824440113 7630 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $264.09 12,315 I LYNDALE AVENUE SOUTH&W 76 1/2 VIKING PARTNERS KENSINGTON LLC $23.29 1,086 3302824440114 STREET 3302824440115 7644 LYNDALE AVENUE SOUTH VIKING PARTNERS KENSINGTON LLC $209.73 9,780 3302824440231 1000 78TH STREET WEST CSM INVESTORS INC $8,040.89 374,955 3302824440232 710 78Th STREET WEST CSM SHOPS INC $7,043.16 328,430 3302824440233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $505.67 23,580 3302824440234 700 78TH STREET WEST CSM SHOPS INC $364.59 17,001 3302824440235 980 78T1-I STREET WEST CSM SHOPS INC $256.33 11,953 3302824440236 UNASSIGNED ADDRESS CSM SHOPS INC $501.96 23,407 34028221 .0004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $542,09- 25,278 3402824330003 520 7871-1 ST WOOD MN RE LLC $1,324.44 61,760 3402824330004 501 WEST 77TH STREET WOOD MN RE LLC $719.71 33,561 3402824330005 7724 HARRIETAVENUE SOUTH WOOD MN RE LLC $126.63 5,905 3402824330006 500 WEST 78TH STREET WOOD MN RE LLC $447.38 20,862 3402824330007 401 WEST 77Th STREET THOMAS I WOOD $129.61 6,044 3402824330080 400 WEST 78TH STREET WOOD MN RE LLC $3,182.45 148,401 3402824330081 7745 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $1,558.51 72,675 3402824330082 7701 LYNDALE AVENUE SOUTH 7745 LYNDALE LLC $142.22 6,632 3402824330087 301 WEST 77TH STREET CPEC EXCHANGE 36846 LLC LA METTRY $1,054.86 49,189 3402824330088 351 WEST 77TH STREET HPTCW II PROP TRUST $2,243.46 104,615 3402824330150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $90.18 4,205 3402824330151 7645 LYNDALE AVENUE SOUTH#2 RICHFIELD SENIOR HOUSING INC $90.18 4,205 3402824330152 7645 LYNDALE AVENUE SOUTH#3 MAIN STREET OFFICE LLC $90.18 4,205 3402824330153 7645 LYNDALE AVENUE SOUTH#4 MAIN STREET OFFICE LLC $90.18 4,205 3402824330154 7645 LYNDALE AVENUE SOUTH#5 MAIN STREET OFFICE LLC $90.18 4,205 3402824330155 7645 LYNDALE AVENUE SOUTH #6 MAIN STREET OFFICE LLC $90.18 4,205 3402824340001 84 WEST 78Th STREET SHERWIN-WILLIAMS DEV CORP $307.86 14,356 3402824340053 200 WEST 78TH STREET TWO S PROPERTIES, INC $2,003.64 93,432 3402824340054 7700 WENTWORTH AVENUE SOUTH LEIGHTON PARTNERS LLC ATTN CHIEF MANAGER $432.48 20,167 3402824340055 7720 WENTWORTH AVENUE SOUTH HILMER M HOVELSON $431.77 20,134 3402824340056 100 WEST 78Th STREET VIKING PAINTS $496.69 23,161 3402824340057 7721 PILLSBURY AVENUE SOUTH VIKING PAINTS, INC $721.90 33,663 3402824340058 7715 PILLSBURY AVENUE SOUTH WILLIAMS PROPERTIES MN LLC $115.14 5,369 3402824340059 7717 PILLSBURY AVENUE SOUTH ROBERTA GEORGE $100.75 4,698 3402824340060 7709 PILLSBURY AVENUE SOUTH KERKER PROPERTIES LLC $216.23 10,083 3402824340061 7701 PILLSBURY AVENUE SOUTH H&M V PROPERTIES, LLC $216.27 10,085 3402824340065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC $400.08 18,656 3402824340066 7720 NICOLLETAVENUE SOUTH REALTY INCOME PROPERTIES 3, LLC $377.73 17,614 3402824340073 7700 PILLSBURY AVENUE S CITY OF RICHFIELD ATTN: COMMUNITY $877.16 40,903 DEVELOPMENT 3402824430005 140 EAST 78Th STREET B NELSON&G NELSON TRUSTEES $864.19 40,298 3402824430077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $499.02 23,270 3402824430078 7701 NICOLLETAVENUE SOUTH MENARD INC $8,763.39 408,646 3402824440006 7700 PORTLAND AVENUE SOUTH DONALD ELSEN $312.80 14,586 3402824440007 7730 PORTLAND AVENUE SOUTH D B R INC ELSEN BROTHERS INC $494.13 23,042 3402824440023 500 EAST 78TH STREET A G BOGEN CO $625.70 29,176 3402824440024 7708 5T1-I AVENUE SOUTH TBG, LLC $219.51 10,236 3402824440025 7714 5TH AVENUE SOUTH GARY WIBERG $218.78 10,202 3402824440027 7701 5TH AVENUE SOUTH A G BOGEN $288.93 13,473 3402824440028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT $220.60 10,287 3402824440029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO $446.38 20,815 3402824440030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CU $342.22 15,958 3402824440031 7744 5Th AVENUE SOUTH DJ&DJ LLC $658.04 30,685 3402824440032 345 EAST 77T1-I STREET RICHFIELD-BLOOMINGTON CU $787.31 36,713 2014 Proposed Charges - 77th St Maintenance (2 of 2 pages) PID . ...Parcel Address owner A Sq Feet; Projected ; _mount .: 3502824330006 7701 PORTLAND AVENUE SOUTH ASIAN DRCT ORIENTAL MKT INC $481.03 22,431 3502824330007 7727 PORTLAND AVENUE SOUTH HOMES RE 1 LLC $633.61 29,546 3502824330008 7733 PORTLAND AVENUE SOUTH LMMS PROPERTIES, LLC $591.17 27,567 3502824330009 616 EAST 78TH STREET UNIVERSITY AUTO PROP LLLP $538.38 25,105 3502824340002 7744 12TH AVENUE SOUTH B&S LAND DEVELOPMENT LLC $533.59 24,882 3502824430006 7711 14TH AVENUE SOUTH A G BOGEN $885.46 41,290 3502824430008 1200 EAST 78Th STREET PMB HOSPITALITY LLC $1,002.38 46,742 3502824430073 1400 EAST 78Th STREET A G BOGEN $312.52 14,573 3502824430074 1420 EAST 78Th STREET A G BOGEN COMPANY $1,032.77 48,159 3502824430076 1500 EAST 78Th STREET A G BOGEN COMPANY $1,281.40 59,753 3502824440004 7636 CEDAR AVENUE SOUTH G6 HOSPITALITY PROP LLC $1,192.00 55,584 3502824440006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $720.16 33,582 3502824440007 1640 EAST 78Th STREET JERRY E MATHWIG $847.08 39,500 3502824440008 1620 EAST 78TH STREET JERRY MATHWIG METRO SALES INC $1,159.68 54,077 3502824440010 1550 EAST 78Th STREET ADLER GRADUATE SCHOOL $2,994.53 139,638 3502824440031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC $716.05 33,390 3502824440032 UNASSIGNED ADDRESS CLEAR CHANNEL OUTDOOR INCORPORATED $40.14 1,872 Total: $80,000.00 3,730,482 Public Works Department September 18, 2013 Owner Address Property ID: Property Address: NOTICE OF ASSESSMENT HEARING NOTICE OF CONTINUATION OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA FROM JANUARY 1, 2012- DECEMBER 31, 2012 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold a public hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance of the 77th Street Redevelopment area in the City. This public hearing is a continuation of the public hearing that was opened by the City Council on September 10, 2013. The reason for the continued hearing is that the previous notice that was sent to you included an incorrect date DATE, TIME AND PLACE OF HEARING: Tuesday, October 8, 2013 at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield Municipal Center, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2012 through December 31, 2012 the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $78,286.45, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $78,286.45. The amount to be assessed against your particular property is: $XXXX. Payment can be made after the assessment is adopted and before November 8, 2013 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON TUESDAY, OCTOBER 8, 2013. PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue 6700 PORTLAND AVENUE, RICHFIELD, MINNESOTA 55423 612.861.9700 FAX: 612.861.9749 interest at the rate of five percent (5%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Payment within 30 days of adopted assessment: The property owner may pay the original principal amount without interest within 30 days from the date the Council adopts the assessment, scheduled for October 8, 2013. If the original principal amount is not paid, the assessment will be charged five percent (5%) interest. Payment on or after November 8, 2013: Assessments are spread over five years. Interest at the rate of five percent (5%) will be charged. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $2.50 surcharge per year over the five year life of the assessment when certified to the property tax. Questions regarding the assessment payment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will continue a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written obiection, signed by you, with the City Clerk prior to the hearing on Tuesday, October 8, 2013, or present the written obiection to the presiding officer at the hearing on Tuesday, October 8, 2013. BY ORDER OF THE CITY COUNCIL THIS 10th DAY OF SEPTEMBER, 2013. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. w 'i-9 1 .... r ,, 3d , .. E Tw- _64 1 a c� ', 04 '..' Ill k - 11.1111 _U S N 11 1 L 7 ww 1111111 N CK o H II ? U N Cn 8 ,o. ei J a wad ---;.:. _ z - W *17 P _, c.„.._, .... __;_fi7 - 0 , : CANADIAN Real Estate Suite 9(1) i 20 South Sixth Stt-oet u PACIFIC Minneapoik;Mthrtsola'16407 i5133:11r CERTIFIED MAIL RETURN RECEIPT REQUESTED City of Richfield Assessor's Office 6700 Portland Ave Richfield, MN 55423 IN THE MATTER OF THE ACTION OF THE RICHFIELD CITY, IN ITS CONSIDERATION FOR 77TH STREET REDEVELOPMENT ARE WHICH IMPROVEMENTS ARE 10 BE CONSID.ERED, ALONG WITH WRITTEN PRO FESTS HI ED BY OWNERS OF PROPERTY WITHIN TH,E BOUNDARIES OF PROPOSED ASSESSMENTS; IMPROVEMENTS TO BE CONSIDERED BY TIIE RICHFIELD CITY ON MONDAY, SEPTEMBER 10, 2013 AT 7:00 PM. NOTICE OF PROTEST CITY OF RICHFIELD: You and each of you are hereby notified that the Soo Line Railroad Company DBA Canadian Pacific Railway, being aggrieved, does hereby protest the action of the City Council and does file this Notice of Protest with the City Clerk of said City, and the grounds upon which this protest is based are as follows: That it is owner of property within Richfield described in the City's Notice of public hearing as follows: PROPERTY ID 3402824210004 7100 PLEASANT AVE SOUTH That the Soo Line Railroad Company's present and future use of said property is restricted entirely to railroad uses and will not benefit from the proposed improvement. That, as to the Soo Line Railroad Company property, any assessment would be arbitrary, capricious. unjust.discriminatory, inequitable and excessive, IV. That any assessment against the Soo Line Railroad Company's property would result in depriving the protestant of said property without due process of law in violation of Section 1 of the 14th Amendment to the United States Constitution and in violation of the Constitution of the State of MN. Dated this 6th day of September, 2013. Respectfully submitted, SOO LINE RAILROAD COMPANY Real Estate Department 501 Marquette Building— Room 804 Minneapolis, MN 55402 , for- 'rector Rea Estate Marketing U.S. CANADIAN PACIFIC AGENDA SECTION: PUB.HEARING AGENDA ITEM# 9 REPORT# 209 STAFF REPORT Gc4ioeQd CITY COUNCIL MEETING OCTOBER 8, 2013 REPORT PREPARED BY: CHRIS a_ ,FINANCE MANAGER -did AS i DEPARTMENT DIRECTOR REVIEW: r Ariprify I / WAIIIII sic OTHER DEPARTMENT REVIEW: ❑ ,ita A- WI REVIEWED BY CITY MANAGER: 21 14 AIWITIGRWA /,.., irt.-...../ _ m ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for weed elimination from private property and removal or elimination of public health or safety hazards from private property. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for weed elimination from private property and removal or elimination of public health or safety hazards from private property. II. EXECUTIVE SUMMARY Minnesota State Statutes provide that the City may levy a special one year assessment for the elimination of public health or safety hazards or the elimination of weeds from private properties. The special assessments are based on costs incurred by the City in connection with the abatement of weeds or public health or safety hazards on certain properties in the City which are not properly maintained. The owners of the subject properties are notified by the City to take corrective action with regard to the issue with the property. If the specific property issues were not abated within the proper time limit the City would take the corrective action necessary and bill the property owner. In all cases, property owners will be notified that any unpaid charges or fees may be assessed against the property. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. 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 September 19, 2013. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The proposed special assessment for the elimination of public health or safety hazards from private property is $3,608.00 with an additional 5% interest penalty. • The proposed special assessment for weed elimination from private property is $3,580.00 with an additional 5% interest penalty. • Costs incurred for city staff time in the cleanup of the properties or to remove the weeds are included in the special assessment amount. • A $50.00 administrative fee is charged to all properties. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment. If the original principal amount is not paid, the assessment will be charged 5% interest. E. 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. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached resolution and have the costs absorbed by the City. V. ATTACHMENTS • Resolution adopting the assessment for weed elimination from private property and removal or elimination of public health or safety hazards from private property. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. g- I RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION FROM PRIVATE PROPERTY AND REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PRIVATE PROPERTY. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services related to weed elimination from private property and removal or elimination of public health or safety hazards from private property in the City of Richfield: Public Health or Weed Safety Property Address Property ID Number Elimination Hazards 1500 66th Street East 26-028-24-13-0107 170.00 110.00 1709 72nd St. W. 33-028-24-24-0061 170.00 - 6218 Humboldt Ave. 28-028-24-21-0018 170.00 - 6221 Xerxes Ave S 29-028-24-12-0125 - 120.00 6245 13th Ave S 26-028-24-12-0128 - 200.00 6301 Dupont Ave S 28-028-24-11-0069 170.00 - 6400 17th Ave S 26-028-24-14-0019 - 485.00 6439 Washburn Ave S 29-028-24-13-0060 170.00 740.00 6445 1st Ave S 27-028-24-13-0043 - 120.00 6445 Xerxes Ave S 29-028-24-13-0021 170.00 - 6529 Newton Ave S 28-028-24-23-0110 - 120.00 6621 10th Ave. S. 26-028-24-31-0028 400.00 - 6713 Queen Ave S 29-028-24-41-0156 170.00 - 6732 3rd Ave. S. 27-028-24-42-0021 400.00 - 6732 Chicago Ave S 26-028-24-32-0098 340.00 - 6745 Nicollet Ave S 27-028-24-42-0048 - 140.00 6800 Thomas Ave S 29-028-24-43-0001 - 120.00 6908 Oliver Ave S 28-028-24-33-0052 - 295.00 7144 4th Ave S 34-028-24-11-0044 340.00 280.00 7233 Portland Ave S 35-028-24-23-0111 - 120.00 7320 4th Ave S 34-028-24-14-0065 - 75.00 7320 Oliver Ave S 33-028-24-23-0011 - 303.00 7600 11th Ave. S. 35-028-24-34-0023 - 145.00 7626 12th Ave S 35-028-24-34-0011 740.00 235.00 7645 Nicollet Ave S 34-028-24-43-0070 170.00 - Total $3,580.00 $3,608.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of$7,188.00, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than one annual installment and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor and within 30 days of the date the City Council � - a adopts the assessment, pay the whole assessment on such property to the City's Assessing Division without interest. Payments received after the expiration of the 30 day prepayment period, but received prior to November 15, 2013 will be charged interest through the date of payment. Payments will not be accepted between November 15, 2013 and January 1, 2014. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Richfield this 8th day of October, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUB.HEARING AGENDA ITEM# 10 REPORT# 210 STAFF REPORT Lc4,1‘iced CITY COUNCIL MEETING OCTOBER 8, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: IY1 SIGNATURE OTHER DEPARTMENT REVIEW: Cr lk SIGNNRE REVIEWED BY CITY MANAGER: ° Ai .4sAilli t I, ITEM FOR COUNCIL CONSIDERATION: Public Hearing regarding the special assessment roll for unpaid false alarm user fees against private property. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for unpaid false alarm user fees against private property. II. EXECUTIVE SUMMARY Richfield City Code and City Charter allow the City to specially assess delinquent false alarm user fees against the respective properties. State Statutes provide that the City may levy a special one year assessment for these costs. Unpaid alarm user fees must be paid to the City within 30 days from the date of written notice by the City to the alarm user. Fees not paid within the time specified will be subject to a 10% penalty charge. The special assessment for unpaid false alarm user fees assessed to private properties provides a means for the City to recover costs incurred with the response by public safety to an alarm call on certain properties in the City that turns out to be false. III. BASIS OF RECOMMENDATION A. BACKGROUND • N/A B. POLICY • Richfield City Code section 915.07 Subd. 3 and chapter 8.02 of the City Charter allows the City to specially assess delinquent false alarm user fees against the respective properties. • 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 September 19, 2013. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • A 10% penalty charge is applied to all properties which have not paid within the time specified. • The proposed special assessment for unpaid false alarm user fees from private property is $220.00 with an additional 5% interest charge on the assessment. • The affected property owner may prepay the original principal amount without interest within 30 days from the date the Council adopts the assessment. If the original principal amount is not paid, the assessment will be charged 5% interest. E. 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. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the attached resolutions and have the costs absorbed by the City. V. ATTACHMENTS • Resolution adopting the assessment for unpaid false alarm user fees from private property. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. lb - I RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR UNPAID FALSE ALARM FEES FROM PRIVATE PROPERTY. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for unpaid false alarm fees from private property in the City of Richfield: Unpaid False Property Address Property ID Number Alarm Fee 28 West 66th Street 27-028-24-24-0061 110.00 6234 A Lyndale Ave S. 28-028-24-11-0018 110.00 Total $220.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of$220.00, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than one annual installment and shall bear interest at the rate of five (5%) percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor and within 30 days of the date the City Council adopts the assessment, pay the whole assessment on such property to the City's Assessing Division without interest. Payments received after the expiration of the 30 day prepayment period, but received prior to November 15, 2013 will be charged interest through the date of payment. Payments will not be accepted between November 15, 2013 and January 1, 2014. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Richfield this 8th day of October, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk