09-11-07 Agenda
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CITY OF RICHFIELD, MINNESOTA
TUESDAY, SEPTEMBER 11, 2007
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SPECIAL CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY!
PLANNING COMMISSION WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order
Roll call
5:30 - 6:00 p.m.
1. Discussion regarding corridor housing initiative (Council Memo 153)
Notes:
Adjournment
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SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
6:00 - 6:20 p.m.
1. Update from City Hall Task Force II regarding proposed new City Hall/Police/Fire
facility (Council Memo No. 164)
Notes:
6:20 - 6:50 p.m.
2. Discussion regarding survey of overnight parking restrictions in metro cities
(Council Memo No. 165)
Notes:
Adjournment
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REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of August 14, 2007; (2)
Regular City Council Meeting of August 14, 2007; (3) Special City Council Worksession of
August 14, 2006; and (4) Special City Council Meeting of August 16, 2007
PRESENTATIONS
1. Presentation of Certificates of Recognition to construction workers from Ames
Construction who assisted with recent truck accident in Crosstown Commons area
(Council Memo No. 166)
2. Annual meeting with Friendship City Commission
COUNCIL DISCUSSION
3. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
. 4. Council approval of agenda
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CONSENT CALENDAR
5. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of continuing public hearing to October 9, 2007 regarding
"major amendment" to City Bella planned unit development for construction of
screening enclosures around air condensing units and ability to restrict public
parking in underground garage S.R. No. 226
B. Consideration of approval of first reading of ordinance amendments to Richfield City
Code incorporating statutes of reference, updating references to current building
and fire code regulations and amending subsections 100.07, 400.03, 400.04,
400.11 and 400.21 and scheduling second reading for September 25, 2007 S.R.
No. 227
C. Consideration of approval of first reading of ordinance amendment in Section
1202.05 Subdivision 3(b) increasing number of wine licenses within the City from
seven to twelve and scheduling second reading for October 9,2007 S.R. No. 228
D. Consideration of approval of resolution authorizing purchase of real property at
6744 Blaisdell Avenue, conducting first reading of transitory ordinance authorizing
sale of property to HRA for affordable home development and scheduling public
hearing and second reading to September 25,2007 S.R. No. 229
E. Consideration of approval of resolution declaring costs to be assessed and ordering
preparation of assessment roll for weed elimination from private property and
removal or elimination of public health or safety hazards from private property and
scheduling public hearing for October 9,2007 S.R. No. 230
F. Consideration of approval of recommended Penn Crossings Task Force
membership S.R. No. 231
G. Consideration of approval of amendment to professional services agreement with
Hoisington Koegler Group, Inc. for preparation of Housing Chapter in 2008
Comprehensive Plan update S.R. No. 232
H. Consideration of approval of proposed sanitary sewer agreement between
Metropolitan Airports Commission and City of Richfield to provide sanitary sewer to
serve City's new maintenance facility S.R. No. 233
I. Consideration of approval of issuing new taxi license for Twin Cities Airport Taxi,
Inc., 9217-17th Avenue, Bloomington, MN S.R. No. 234
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
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PUBLIC HEARING
7. Public hearing regarding issuance of new on-sale and 3.2 percent malt liquor licenses
for Patrick's Bakery & Cafe, 2928 West 66th Street
Staff Report No. 235
Notes:
PROPOSED ORDINANCES
8. Consideration of first reading of proposed ordinance amendment to Richfield City Code
regulating open burning, requiring permits, adding Section 921 and scheduling second
reading for September 25, 2007
Staff Report No. 236
. Notes:
9. Consideration of second reading of ordinance amendments to City Administrative Code
Chapter III Subsection 310.33, Subdivision 1 describing vacation leave eligibility;
Subsection 310.43, Subdivision 1 describing resignation; and Subsection 310.51,
Subdivision 2 describing candidacy leave of absence
Staff Report No. 237
Notes:
OTHER BUSINESS
10. Consideration of land exchange agreement between City and Roger A. Wahldick, as
Trustee of Roger A. Wahldick Trust (Victoria Manor Apartments), for acquisition of
land needed to complete 66th Street and Portland Avenue Intersection Project
Staff Report No. 238
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Notes:
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RESOLUTIONS
11. Consideration of approval of 2007 Revised/2008 Proposed Budget resolutions adopting
2008 preliminary property tax levy, setting truth in taxation hearing dates, authorizing
budget revisions, authorizing revision of 2007 budget of various departments, and
authorizing use of Public Employees Retirement Association Police and Fire Fund
refund interest earnings for police and fire expenditures
Staff Report No. 239
Notes:
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. Special City Council Closed Executive Session in Executive Conference Room
regarding status report on pending litigation with Metropolitan Airports Commission
14. Reconvene Regular City Council Meeting in Council Chambers
15. Adjournment of Regular City Council Meeting in Council Chambers
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
Consent
5A
226
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Continue the public hearing regarding a "major amendment" to the City Bella Planned Unit
Development for the construction of screening enclosures around air condensing units and the
abilitv to restrict public parking in the underqround qaraqe to October 9,2007.
1. RECOMMENDED ACTION:
By Motion: Continue the public hearing regarding a "major
amendment" to the City Bella Planned Unit Development to October
9,2007.
I II.
BACKGROUND I
On August 27, 2007 the Planning Commission held a public hearing regarding a
request for a "major amendment" of the Planned Unit Development (PUD) and Final
Development Plan (FOP) for City Bella, located at 66th Street and Lyndale Avenue.
The Planning Commission has requested additional information from the applicant
and voted to table this item until their next regular meeting on September 24, 2007.
Consideration of this request by the Council shall be continued until October 9,
2007, so that the recommendation of the Planning Commission can be considered.
091107 - Continue PH re: City Bella amendments
I III. BASIS OF RECOMMENDATION I
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IA. POLICY I
. "Major amendments" to a PUD plan are to be reviewed by the
Planning Commission and City Council.
lB. CRITICAL ISSUES I
. The Planning Commission will consider this item on September 24,
2007.
I C. FINANCIAL I
. All processing fees have been paid.
ID. LEGAL
. N/A
I IV. AL TERNA TIVE RECOMMENDA TIONe s)
. N/A
Iv. A TT ACHMENTS
. . N/A
[ VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. N/A
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
Consent
5B
227
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
REpORT PREPARED By:
BRAD SVEUM, FIRE SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
E:r ..d.
,Id?
~.....'., /7'#
&,y
/~
iY
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of proposed ordinance changes relating to incorporation of
statutes by reference, updating references to current building and fire code regulations and
amendinq subsections 100.07, 400.03, 400.04, 400.11 and 400.21 of the Richfield City Code.
1. RECOMMENDED ACTION:
By Motion: Approve first reading of the ordinance relating to
incorporation of statutes by reference: updating references to current
building and fire code regulations: amending subsections 100.07,
400.03, 400.04, 400.11 and 400.21 of the Richfield City Code, and
schedule a second reading for September 25, 2007.
I II.
BACKGROUND I
The Minnesota Building Code has been adopted by Minnesota Statutes Section
168.61 as a uniform building code applicable throughout the State. This ordinance
relating to building and fire code enforcement adopts the Minnesota State Building
Code and Minnesota State by reference; and amends, adds and repeals various
subsections of Sections 100 and 400 of the Richfield City Code. The second
reading is schedule d for September 25,2007.
0911 Fire
. I III. BASIS OF RECOMMENDATION I
IA. POLICY I
. Minnesota State Statutes adopted the State Building Code as a
Building Code applicable throughout the State.
. It is mandated that the City Building Code is in compliance with and
incorporates changes made to the Minnesota State Statutes.
. This revised ordinance adopts the Minnesota Building Code and the
Minnesota Fire Code by reference: amending and repealing various
subsections of Section 100 and Section 400 of the Richfield City
Code.
lB. CRITICAL ISSUES I
. Richfield City Codes must be in agreement with the State Building and
Fire Codes. The wording of the ordinance references and
incorporates the State Building Code and the State Fire Code
throughout Sections 100 and 400 of the Richfield City Code.
I C. FINANCIAL I
. The fee schedule for building and fire permits is not changed.
. ID. LEGAL I
. The Richfield City Attorney has reviewed and prepared the ordinance.
I IV. ALTERNATIVE RECOMMENDATION( S) I
. There is no alternative recommendation because the City and State codes
must be in agreement.
I V. ATTACHMENTS
. Ordinance
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. N/A
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56-\
BILL NO.
AN ORDINANCE RELATING TO INCORPORATION OF
STATUTES BY REFERENCE; UPDATING REFERENCES TO CURRENT
BUILDING AND FIRE CODE REGULATIONS; AMENDING
SUBSECTIONS 100.07,400.03,400.04,400.11 AND 400.21
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 100.07 of the Richfield City Code is amended to read as
follows:
Official statutes, codes, requlations, and ordinances. References in this code
to Minnesota Statutes are to Minnesota Statutes 20.0.4 2006, Minnesota
Statutes 2D05 2007 Supplement and Laws of Minnesota 2005 2007, unless
otherwise provided in this code. References in this code to rules and
regulations of state agencies, codes, and ordinances of other municipalities
are to those documents in effect on "lIy 1, 2005 Auqust 1, 2007, unless
otherwise provided in this code.
Sec. 2. Subsection 400.03, subdivision 2 of the Richfield City Code is amended to
read as follows:
Subd. 2. Buildinq code Optional Chapters. The following optional
provisions identified in the most current edition of the State Building Code are
hereby adopted by reference and incorporated into this code as if fully set out
at this point:
(a) Chapter 1306, Special Fire Protection Systems, 1306.0020
Subp. Subpart 2 (existinq and new buildinqs) and 13060030
option 2;
(b) Chapter 1335, Floodproofing Reglllations, Parts 13350600
thro1lgh 1335 1200 [repea/edl;
(c) Optional Appendix Chapter K ~ of the 2OD2 2006 International
Building Code S'lpplement.
Sec. 3. Subsection 400.04 of the Richfield City Code is amended by adding a new
subdivision 4 to read as follows and by renumbering subsequent subdivisions accordingly:
Subd. 4. Completion of Exterior Work.
(a)
Any person alterinq, repairinq, remodelinq, or addinq to the
exterior portion of a sinqle-family dwellinq or two-family dwellinq,
includinq an attached or detached qaraqe or accessory
structure, shall complete all exterior work within one year from
the date of issuance of the buildinq permit. Completion of work
includes completinq the structure and exterior finishes (includinq
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(b)
(c)
58 e'd-
but not limited to sidinq, windows, roofinq, driveways, retaininq
walls, decks and patios).
If a buildinq is damaqed by fire or by other casualty or cause
and the roof or exterior finishes are damaqed or destroyed, the
damaqed materials shall be completely restored or replaced
with exterior buildinq materials permit6ted by the Minnesota
state buildinq code and this code as soon as reasonably
possible, and in any event within 12 months after the damaqe or
destruction.
In the case of demonstrated hardship due to sources beyond
the control of the property owner (includinq but not limited to
extreme weather conditions; reasonably unforeseen shortaqes
of material, equipment or labor; vandalism; or theft), the time
allowed for exterior construction and finishes may be extended
at the sole discretion of the buildinq official and upon written
appeal filed as soon as the need for an extension becomes
known.
Sec. 4. Subsection 400.11, subdivision 1 of the Richfield City Code is amended to
read as follows:
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Subdivision 1. Procedure upon application. The procedure for
issuance of building permits shall be as provided in I J B C chapter 1, as
amended in MN Rilles 1305 0106 Minnesota Rules chapter 1300.
Sec. 5. Subsection 400.11 of the Richfield City Code is amended by adding a new
subdivision as follows:
Subd. 4. Duration of Permit. In addition to the expiration provisions of
Minnesota Rules 1300.0120, subpart 11, every permit issued under this
section with a permit fee of three thousand dollars or less will expire and
become void one year after the date it is issued. In order to renew action on a
permit after expiration. the permit holder must pay a new full permit fee.
Sec. 6. Subsection 400.21 of the Richfield City Code is amended to read as
follows:
400.21 Fire prevention code: adoption of fire prevention code. The Minnesota
State Fire Code, as adopted by the state commissioner of public safety, is hereby
adopted by reference as though fully set out in this subsection, with the following
amendments:
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(a)
Section 108 1 of the International Fire Code is retained in its entirety
(repealedl
(b) Section 301 308 of the I nternational Fire Code is retained in its entirety.
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56-3
(c)
Section 905 3 2 of the International Fire Code is amended by adding "when
approved by the chief' after the word "Exceptions" {reoealed/
(d) Appendix chapters B, C and D of the International Fire Code are adopted by
reference as though fully set out in this subsection.
Subsections 400.21 to 400.37 are the fire prevention code of the city.
Sec. 7. This ordinance shall be effective in accordance with Section 3.06 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this _ day of
,2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
Consent
5C
228
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REpORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
rA
W
REVIEWED By CITY
MANAGER:
/
/
~
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance amendment to Chapter 1202 that would increase the number of
wine licenses within the City of Richfield from seven to twelve.
1.
RECOMMENDED ACTION:
By Motion: Approve first reading of an ordinance change in Section
1202.05 Subd. 3 (b) that would increase the number of wine licenses
available in the City of Richfield from seven to twelve, and schedule a
second reading for October 9, 2007.
I II.
BACKGROUND I
The City of Richfield currently issues licenses for the following categories of alcohol:
. Intoxicating Liquor
. Wine
. On-Sale 3.2 Percent Malt Liquor
. Off-Sale 3.2 Percent malt Liquor
0925 First Reading Amendment to Wine Ordinance
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I III.
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Intoxicating liquor
City ordinance currently states that there can be a total of 15 intoxicating liquor
licenses issued to establishments. Currently, 7 of the 15 licenses are spoken for.
There are also two club licenses for the VFW and the American Legion but because
those establishments are not open to the public, they are not considered to be on-
sale intoxicating liquor licenses. They may sell on-sale intoxicating liquor but do so
under a "club" license. State statute allows for a city of our class to issue up to 18
on-sale intoxicating licenses.
Wine
City ordinance states that there can be a total of seven wine licenses issued to
establishments. Currently, six of the seven wine licenses are spoken for.
Application for the seventh license has been submitted and approval is currently
pending. State statute does not address the number of wine licenses a community
may have.
On-Sale/Off-Sale 3.2 Percent Malt liquor
City ordinance states that there can be a total of 15 on-sale 3.2 percent malt liquor
licenses issued to establishments. Currently, 11 of the 15 on-sale 3.2 percent malt
liquor licenses are spoken for. The 12th license has been applied for and is
currently awaiting approval. State statute does not address the number of on-sale
3.2 percent malt liquor licenses a community may have.
Off-Sale 3.2 percent malt liquor licenses are not restricted by number. Currently
there are a total of 11 establishments that sell off-sale 3.2 percent malt liquor.
Public Safety staff has had several discussions with staff in the Community
Development Department regarding future redevelopment projects in the City and
how those projects will impact alcohol licensing needs in the future. In most cases,
it appears the requests will be for full on-sale intoxicating liquor licenses; however,
wine may also be requested.
BASIS OF RECOMMENDATION I
I A. POLICY I
· At a June 7, 1999, City Council Worksession, it was the consensus of the
City Council that staff would be asked to provide further information
regarding zoning, density, and location regulations related to liquor
licenses and options regarding future availability of the number of liquor
licenses in the City. The City's Planning Commissions reviewed these
issues.
· In a September 17,1999, a summary of the Planning Commission's
review of the issues was presented. The Planning Commission offered
the following feedback:
· The Zoning ordinance considers restaurants serving alcohol as
conditional uses and limits their location to collector and arterial
streets. Restaurants serving alcohol cannot be located in the C-1
(neighborhood commercial) district.
· The existing licensing requirements proVide many regulations to
monitor and control the service of alcoholic beverages.
· Some other cities have additional location requirements for
restaurants that serve alcohol; e.g., they need to be located a
certain distance from residential, schools, and churches. The
Planning Commission believes that there is no clear evidence that
these distance requirements are necessary or would alleviate any
alcohol-related problems in Richfield.
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· The Planning Commission considered some additional restrictions
but decided that rather than try to develop generic regulations to fit
every situation, it is better to review each case individually and
apply appropriate conditions to each situation when warranted.
· It would be appropriate to increase the number of liquor licenses to
accommodate the potential demand for licenses in redevelopment
areas. Not having licenses available could negatively impact the
success of redevelopment projects.
· Based on its review, the Planning Commission did not recommend any
changes to the existing ordinance relating to restaurants that serve
alcohol.
I B. CRITICAL ISSUES I
· Increasing the number of wine licenses from 7 to 12 would result in
licenses being available prior to the completion of development projects,
which would mean that potential tenants would know licenses are
available to apply for at the beginning of their negotiations with
developers.
· Increasing the number of wine licenses would also mean that staff would
not have to return to Council several times to make a request for an
increase in licenses and would seem to be a more efficient and proactive
way of meeting future development needs and issues,
I C. FINANCIAL
. N/A
ID.
LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· The Council could decide to do nothing at this time which would mean that
requests for wine licenses would be reviewed as they occur on a case by case
basis. It would also mean that the total number of wine licenses might need to
be increased several times based on the number of requests made for a license.
· The Council could decide not to increase the total number of wine licenses
beyond the current number. This would mean that new development projects in
the City would not be able to obtain wine licenses for their establishments.
I V. ATTACHMENTS
· City ordinance code 1202.03.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
· None
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5C-I
BILL NO.
AMENDMENT TO SECTION XII
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD BY AMENDING SECTION 1202 ENTITLED SALE AND
CONSUMPTION OF INTOXICATING LIQUOR, WINE AND BEER
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter XII of the ordinance code of the City of Richfield entitled "Wine" is hereby
amended:
1202.05 Subd. 3.(b) Wine:
(1) On-sale wine licenses may be issued to restaurants, hotels and clubs.
(2) No more than twelve licenses may be issued.
Passed by the City Council of the City of Richfield, Minnesota this 25th day of
September, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
Consent
5D
229
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REpORT PREPARED By:
VANESSA HAIGHT, HOUSING
SPECIALIST
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR ~
REVIEW: Uj
REVIEWED BY CITY
MANAGER:
rn:1 ~c;7
,Y .
.4;/.J
(~_::
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution authorizing the acquisition of 6744 Blaisdell Avenue and first
reading of a Transitory Ordinance authorizing the sale of the property to the Housing and
Redevelopment Authority for affordable home development; schedule the public hearing and
second readinq for September 25,2007.
1. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing the purchase
of real property located at 6744 Blaisdell Avenue and conduct the first
reading of a Transitory Ordinance authorizing the sale of property to
the Housing and Redevelopment Authority for affordable home
development; schedule the public hearing and second reading for
Septem ber 25, 2007.
I II.
BACKGROUND I
The owner of 6744 Blaisdell Avenue approached staff and expressed interest in
selling their property to the Housing and Redevelopment Authority (HRA). Built in
1929, the house at 6744 Blaisdell Avenue is a 440-sq. ft. rambler and is in need of
considerable repairs. The lot is 47 x 128 ft. The property has been appraised at
091107 1st Reading - 6744 Blaisdell Acquisition
.
$125,000. If the City Council authorizes purchase, a number of steps as'part of a
New Home Program affordable homes project will follow:
. A non-profit would be selected as a developer, most likely Habitat for Humanity.
. A house concept and Development Agreement with the HRA would be prepared.
When CDBG funds are used, the City acquires the property and then sells the
property for $1 to the HRA. If the City acquires the property first, any program
income (i.e. repayment of second mortgage) can be retained by the HRA for
housing programs. If the HRA purchases the property directly, program income
must be paid back to Hennepin County.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The use of CDBG funds to buy small substandard houses and to
construct an affordable new home with a nonprofit developer has been
a successful program model for the HRA that the City has supported.
. In November 2006 the Planning Commission found the acquisition
and disposition of 6744 Blaisdell Avenue for single family housing
purposes to be consistent with the Comprehensive Plan.
. The HRA approved the acquisition on August 20,2007.
. The City conveys property through a Transitory Ordinance/Public
Hearing process.
I C.
I B. CRITICAL ISSUES I
. The property is vacant and the owner wants to sell to the HRA.
. Acquisition for demolition and redevelopment on sites scattered
throughout Richfield has been well received. The neighborhood will
be invited to participate as the new housing concept is developed.
. The house concept and a Contract for Development need to be
finalized after a non-profit developer is selected.
. A very small house with no remodeling potential will be replaced with
a newly constructed three to four bedroom house.
. The use of CDBG funds require that a household with an income less
than 80 percent of median income be served. A family of four would
need to have an income of less than $59,600 to qualify.
FINANCIAL I
. CDBG funds would cover $80,000 of the purchase price.
. Housing Fund resources administered by the HRA would cover
$45,000 of the purchase. The 2007 HRA budget provides for this
expense.
. The construction costs would be covered by proceeds of sale of the
new housing.
. No City General Fund revenues would be used for the purchase.
.
.
.
.
ID.
LEGAL I
· A public hearing is required at the second reading of the Transitory
Ordinance and is being schedule for September 25,2007.
· The City/HRA standard form Purchase Agreement will be used for the
property acquisition. The City is the initial purchaser with a
subsequent sale to the HRA for $1.
· There are no known title or environmental conditions that would affect
the purchase.
· The purchase is contingent upon the City's consideration of purchase.
I IV. ALTERNATIVE RECOMMENDATION(S)
· Do not acquire the property.
I V. ATTACHMENTS
· Resolution
· Transitory Ordinance
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
SD-\
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY
LOCATED AT 6744 BLAISDELL AVENUE
WHEREAS, the City of Richfield, Minnesota (the "City") has considered the
purchase of 6744 Blaisdell Avenue with Community Development Block Grant (CDBG)
funds on behalf of the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota (the "HRA") for $125,000. The property is legally described as:
6744 Blaisdell Avenue South
Lot 3, Block 2, Oaklane Addition, Hennepin County
WHEREAS, the City proposes to sell the properties to the HRA for $1.00, in
furtherance of HRA housing programs; and
WHEREAS, pursuant to the City Charter, Section 13.04, the City is authorized to
sell its property following a public hearing for which notice was published not less then ten
days before such hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota as follows:
. 1. The City Manager and Mayor are authorized to take those actions necessary to
purchase 6744 Blaisdell Avenue for $125,000.
2. The City shall hold a public hearing and second reading of the ordinance regarding the
sale of the land to the HRA on Tuesday, September 25, 2007.
3. The City Clerk is directed to publish notice of such hearing in the official newspaper of
the City and post notice of said hearing.
Adopted by the City Council of the City of Richfield, Minnesota this 11 th day of
September, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
091107 1st Reading - 6744 Blaisdell Acquisition
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.
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SD-/d-
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA (6744 BLAISDELL AVENUE)
The City of Richfield Does Ordain:
Section 1.
The following described real properties located in the City of Richfield, County of
Hennepin, State of Minnesota, are hereby authorized to be sold, transferred or otherwise
disposed of and conveyed by the City as herein provided:
6744 Blaisdell Avenue South
Lot 3, Block 2, Oaklane Addition, Hennepin County
Section 2.
The Mayor and City Manager are hereby authorized to take all action as is required to sell,
transfer, or otherwise dispose of and convey the real property described in the foregoing
Section 1, including, by way of illustration and not limitation, the execution of all
documents, purchase agreements, deeds of conveyance, and other instruments
connected with such sale, transfer or disposition and conveyance.
Passed this 25th day of September 2007 by the Richfield City Council.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
Consent
5E
230
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
~
~. ,
~.//'
~ /)
. . /
REVIEWED BY CITY
MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the resolution declaring costs to be assessed for current services performed
for weed elimination from private property and removal or elimination of public health or safety
hazards from private property.
1.
RECOMMENDED ACTION:
By Motion: Adopt the resolution declaring costs to be assessed and
ordering the preparation of the proposed assessment roll for weed
elimination from private property and removal or elimination of public
health or safety hazards from private property and setting the public
hearing date for October 9,2007.
[ II.
.
BACKGROUND I
· The special assessment for elimination of public health or safety hazards from
private properties is for costs incurred by the City in connection with abatement
of these hazards on certain properties in the City, which are not properly
maintained.
· The owners of the subject properties are notified by the City to correct the public
health or safety hazards and have failed to do so within a timely limit.
· The property owners were notified that if the public health or safety hazards
were not abated within the proper time limit, the City would take the corrective
action necessary and bill the property owner.
· Finally, each year the City utilizes City Public Works staff to cut weeds on certain
properties in the City not maintained by the owners. If the owner fails to cut the
weeds in a timely manner after notification by the City, the City undertakes the
weed destruction and bills the property owner for the service.
0911 NuisanceAssessment
. In all cases, property owners will be notified that any unpaid charges of fees may
be assessed against the property.
5f-1
RESOLUTION NO.
. RESOLUTION DECLARING COSTS TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR
WEED ELIMINATION FROM PROVATE PROPERTY AND REMOVAL OR ELIMINATION
OF PUBLIC HEALTH OR SAFETY HAZARDS FROM PROVATE PROPERTY.
WHEREAS, costs have been determined for weed elimination and removal or
elimination of public health or safety hazards from private properties in the City of Richfield
and the expenses incurred or to be incurred for such work ordered amount to $11,300.92.
Public
Health or
Weed Safety
Property Address Property 10 Number Elimination Hazards
7345 Nicollet Avenue South 34-028-24-13-0045 499.00
6845 17th Avenue South 26-028-24-44-0025 427.00 682.00
7544 Nicollet Avenue South 34-028-24-31-0118 329.00 107.00
6854 Penn Avenue South 29-028-24-44-0004 125.00 113.00
6545 Penn Avenue South 28-028-24-23-0020 125.00
7501 Stevens Avenue South 34-028-24-42-0112 225.00
7601 Thomas Avenue South 32-028-24-44-0020 335.00
7414 10th Avenue South 35-028-24-31-0099 187.00 280.00
6844 14th Avenue South 26-028-24-43-0056 125.00
. 7620 1 st Avenue South 34-028-24-43-0057 157.00
7141 Portland Avenue South 35-028-24-22-0077 172.00 213.00
2601 66th Street West 29-028-24-41-0049 125.00
7525 Nicollet Avenue South 34-028-24-42-0076 125.00
7129 Penn Avenue South 33-028-24-22-0123 344.00
7336 Colfax Avenue South 33-028-24-14-0063 137.00
145 66th Street East 27-028-24-42-0115 334.00
6244 Oliver Avenue South 28-028-24-22-0005 125.00
6920 Cedar Avenue South 26-028-24-44-0068 157.00 92.00
6428 Washburn Avenue South 29-028-24-13-0017 131.00
6801 3rd Avenue South 27 -028-24-44-0083 131.00
6829 Lyndale Avenue South 27 -028-24-33-0120 400.00 85.00
6324 16th Avenue South 26-028-24-11-0018 142.00
6820 16th Avenue South 26-028-24-44-0052 125.00
7044 Elliot Avenue South 35-028-24-21-0045 262.00
6321 Logan Avenue South 28-028-24-21-0115 192.00 359.00
6321 15th Avenue South 26-028-24-12-0115 369.00
6640 5th Avenue South 27 -028-24-41-0032 1 77.00
6318 Oliver Avenue South 28-028-24-22-0121 779.00
7533 16th Avenue South 35-028-24-41-0040 163.00 129.00
7124 16th Avenue South 35-028-24-11-0115 190.00
7409 Oakland Avenue South 35-028-24-32-0122 284.00
. 6935 12th Avenue South 26-028-24-43-0095 138.00
7427 Pillsbury Avenue South 34-028-24-31-0044 369.92
7120 Elliot Avenue South 35-028-24-21-0066 60.00
6900 Logan Avenue South 28-028-24-33-0105 96.00
6825 11th Avenue South 26-028-24-34-0010 297.00
.
.
.
6613 Clinton Avenue South
6231 Bloomington Avenue S.
6915 13th Avenue South
1806 66th Street West
7439 Clinton Avenue South
6315 15th Avenue South
:5 f:-~
27 -028-24-41-0064
26-028-24-11-0009
26-028-24-43-0064
28-028-24-24-0087
34-028-24-41-0061
26-028-24-12-0116
Total
107.00
107.00
160.00
238.00
85.00
185.00
$6,924.00 $4,376.92
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota:
1. The total cost to be assessed against benefited property owners is declared to be
$11,300.92.
2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for
such work against each benefited property, and shall file a copy of such proposed
assessment in her office for public inspection.
3. The Clerk shall, upon the completion of such proposed assessment, notify the City
Council thereof.
4. A hearing shall be held on the 9th day of October, 2007 in the City Hall Council
Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to
pass upon such proposed assessment and at such time and place all persons owning
property affected by the weed elimination and/or removal of public health or safety
hazards assessment will be given an opportunity to be heard in reference to such
assessment.
5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment at least two weeks prior to the hearing and shall state in the notice the total
cost of the weed elimination and the removal or elimination of public health or safety
hazards. The City Clerk shall also cause mailed notice to be given to the owner of each
parcel described in the assessment roll not less than two weeks prior to the hearing.
Adopted by the City Council of the City of Richfield this 11 th day of September, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Consent
5F
231
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REpORT PREPARED By:
JOHN STARK, COMMUNITY DEV.
MANAGER! ASSISTANT COMMUNITY
DEV. DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
E:T
ui
ITEM FOR COUNCIL CONSIDERATION:
Consideration of recommended Penn Crossings Task Force membership.
1.
RECOMMENDED ACTION:
By Motion: Approve the recommended Penn Crossings Task Force
membership.
I II.
BACKGROUND I
On July 26,2006 the Richfield Housing and Redevelopment Authority (HRA)
entered into an agreement with the Hoisington Koegler Group, Inc. (HKGi) to
conduct the Penn Crossings Neighborhood Study. The purpose of this study was to
expand upon the Penn Avenue Visioning Study, which had been completed by
University of Minnesota students in 2006.
The contract with HKGi called for the establishment of a Neighborhood Advisory
Committee to "review information and provide guidance at key points during the
project". A committee of eleven to fourteen members representing the residential
and commercial interests primarily from the immediate area - but also of the City as
a whole would be ideal.
091107 Penn Crossings Committee
.
.
.
Based on this information, it is recommended that a 14-member committee be
created with the following membership makeup:
Proposed Penn Crossings Neighborhood Advisory Committee
(14 members)
3 Local Businesses
. Chosen from businesses along Penn Avenue
1 Chamber of Commerce Representative
. Chosen by the Chamber of Commerce
1 Attainable Housing Committee Representative
. Chosen by the Attainable Housing Committee
1 Bicycle Task Force Representative
. Chosen by the Bicycle Task Force
1 Transportation Committee Member
. Chosen by the Transportation Committee
1 Planning Commission Member
. Chosen by the Planning Commission
3 Members from 1999 Committee
. Gauge interest & select from those who were among the eleven
member Penn Avenue and Sixty Sixth Street (PASSS) advisory group
in 1999
3 Homeowners/Apartment Residents from the General Area
. Selected from names suggested by the City Council and/or HRA
If this recommended membership roster is approved, City Council and HRA
members could provide suggestions on particular area homeowners and tenants to
Assistant Community Development Director John Stark. Upon the designation of
individuals to fill the various roles, a memo would be provided to the City Council
and HRA advising them of the specific makeup of the Neighborhood Advisory
Committee.
I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. Past practices would indicate that Neighborhood Advisory Committee
membership should include the interests of the Penn Avenue area
residents and businesses as well as interests of the City as a whole.
. The HRA will have the same agenda item on their September 17th
meeting.
.
.
.
lB.
CRITICAL ISSUES I
. The creation of the Neighborhood Advisory Committee is included in
"Task 1" of the consultant's contract that includes a total of 5 tasks. In
order to advance the study, the creation of the Neighborhood Advisory
Committee at this time is necessary.
I C. FINANCIAL I
. There are no financial impacts associated with this recommended
action that go beyond the approved contract with HKGi for the Penn
Crossings Neighborhood Study.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Work with the Richfield HRA (who holds the contract with HKGi for the study)
on the creation of a Neighborhood Advisory Group with a different
membership roster.
Iv.
ATTACHMENTS
. N/A
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Consent
5G
232
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REpORT PREPARED By:
VANESSA HAIGHT, HOUSING
SPECIALIST
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
44/
.. 'C' Y! SlG~'ATU5-RE, 11
/. /~
a)f~ r~. 4L~
REVIEWED BY CITY
MANAGER:
ct
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amendment to the Professional Services Agreement with Hoisington
Koegler Group, Inc. for the preparation of the Housing Chapter in the 2008 Comprehensive
Plan update.
1. RECOMMENDED ACTION:
By Motion: Approve the attached amendment to the Professional
Services Agreement with Hoisington Koegler Group, Inc. for the
preparation of the Housing Chapter in the 2008 Comprehensive Plan
update.
BACKGROUND I
On October 10,2006 the City Council approved a Professional Services Agreement
(Agreement) with Hoisington Koegler Group, Inc. (HKGi) for the preparation of the
2008 Comprehensive Plan update. The Agreement did not include the preparation
of the Housing Chapter, a required portion of the Comprehensive Plan update. At
that time a staff person with considerable expertise in matters of housing both within
Richfield and the metro area was to have a significant role in writing the chapter.
Limited assistance would be provided by HKGi. Since that time, the staff person
resigned. We are in the process of again developing that expertise but more
significant assistance is now needed from HKGi.
091107 Amendment to HKGi contract for Housing Camp Plan
I II.
.
Staff solicited the attached proposal from HKGi. If approved now, the development
of the Housing Chapter will be on schedule with the other Comprehensive Plan
components.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Council must approve amendments to the Professional
Services Agreement for the update of the Comprehensive Plan.
I B. CRITICAL ISSUES
. Local plans are due to the Metropolitan Council in 2008.
. A Housing Chapter is a required component of the Comprehensive
Plan update.
. HKGi will remain the lead consultant and will develop the Housing
Chapter in addition to Background, Land Use, and Implementation
Plans.
I C.
FINANCIAL I
. The Housing Chapter will cost $9,075. The original Agreement with
HKGi stated that the total cost of the Agreement should not exceed
$118,000 unless amended by the City. The amendment to include the
Housing Chapter will increase the total cost of the Agreement to
$127,075.
. Monies are available from a City Capital Project Fund, which is the
revenue source for the update of both the Comprehensive Plan and
Zoning Ordinance.
.
.
I D. LEGAL I
. The Comprehensive Plan update is being undertaken to conform with
State Statues.
I IV. ALTERNATIVE RECOMMENDATION(S)
. Do not approve the amendment.
I V. ATTACHMENTS I
. Amendment to Professional Services Agreement - HKGi proposal to
complete Housing Chapter of Comprehensive Plan update.
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
.
5 ~;,~ I
Creative Solutions for Land Planning and Design
Hoisington Koegler Group Inc.
August 30, 2007
Ms. Vanessa Haight
Housing Specialist
City of Richfield
6700 Portland A venue
Richfield, MN 55423-2599
Re: Housing Chapter - Comprehensive Plan Update
Dear Ms. Haight:
As a follow-up to our recent conversations, I have assembled a scope of services for the housing chapter
update for the Richfield Comprehensive Plan. The update of the housing section of the plan will analyze
and address existing housing conditions in Richfield and examine projected housing needs. Information
from other tasks now being completed as part of the plan will inform the specific development of the
housing chapter. The housing section of the plan will analyze existing housing data, assess housing needs,
discuss the City's ongoing role in housing, and identify local and regional resources to accomplish housing
objectives.
The scope of work will include the following:
1.1 Analysis of Existing Housing Conditions. Compile, analyze and summarize relevant data from
the Census, Hennepin County Parcel Database, Hennepin South Services Collaborative's December 2006
Report on Demographic, Social and Economic Trends if Riclifield Residents 1980-2000, and other sources to
assess the existing housing stock including mix, age, tenure and affordability.
1.2 Analysis of Existing Housing Needs. Evaluate the housing need forecasted by the Metropolitan
Council, including Richfield's share of additional low- and moderate- income housing. Summarize
relevant information about housing needs and preferences from Community Meeting #1. Review and
summarize local, regional and national trends that impact Richfield, including changes to household
size, affordable housing, and lifecycle housing.
1.3 Review Existing Goals, Policy Statements and Programs. Compile existing goals and policy
statements from the 1997 Comprehensive Plan and the 2020 Focus on the Future Report. Gather
information about existing housing programs and tools to understand their impact on current housing
conditions and relevance for the future.
1.4 Assessment of Current Conditions and Future Housing Needs. Meet with City staff to review
information gathered in Tasks 1.1 to 1.3. Use assessment to refine goals and policies as needed to
ensure they match the desired land use pattern and development character of the community, as well as
are consistent with the directions depicted in other chapters of the Comprehensive Plan. Ensure
sufficient development and redevelopment of housing is identified in the land use plan to meet
forecasted household growth and Richfield's share of the low- and moderate- income housing need.
1.5 Identify Implementation Strategies. Meet with City staff and other select individuals to identify
potential strategies to carry out the housing goals and policies. These will include identifying the
programs, fiscal devices and official controls Richfield can use to address their housing n~eds.
123 North Third Street, Suite 100, Minneapolis, MN 55401-1659
Ph (612) 338-0800 Fx (612) 338-6838
.
.
.
58-d-
Ms. Vanessa Haight
August 30, 2007
Page 2
1.6 Draft Housing Chapter. Prepare a draft Housing Chapter with City staff input.
1.7 Review of Housing Chapter. Present Housing Chapter as part of ongoing review process of other
Comprehensive Plan components.
1.8 Final Housing Chapter. Refine the draft chapter based on city and public comments.
In order to complete the housing section of the plan within the overall statutory time requirements, Rita
Trapp, a LEED certified HKGi planner will complete much of the work. I will coordinate the completion
of the housing portion of the plan in tandem with the other elements that are currently being assembled.
Rusty Fifield will participate in the implementation strategies portion of the housing plan. If we can begin
in mid-September, we should have no problem completing the housing draft in time for the community
meeting tentatively scheduled for November.
Based on the scope of services outlined above, the total cost of the preparation of the housing chapter of the
Richfield Comprehensive Plan update is $9,075.00.
Thank you for the opportunity to provide this proposal for professional services for the housing portion of
the plan update. If you wish to proceed as outlined herein, we simply need you to complete the
endorsement contained within this letter. Please let me know if you have any questions or need additional
information.
Sincerely,
~~b.<-d-
Mark Koegler, ASLA
President
I hereby authorize Hoisington Koegler Group Inc. to complete the housing chapter of the Richfield
Comprehensive Plan update consistent with the terms and conditions outlined herein and as contained
within the current Comprehensive Plan Update, Professional Services Agreement dated 10/13/06
as applicable.
Name
Date
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
Consent
5H
233
STAFF REpORT
RIGI-:-IFIELO
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REPORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
Ef
REVIEWED BY CITY
MANAGER:
I
[1
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Sanitary Sewer Agreement with the Metropolitan Airports Commission to
provide a sanitary sewer connection to serve the City's new maintenance facility.
1. RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to execute the
proposed Sanitary Sewer Agreement between the Metropolitan
Airports Commission and the City of Richfield to provide a sanitary
sewer to serve the City's new maintenance facility,
I II. BACKGROUND I
The construction of the new maintenance facility is underway there is a need to
purchase a sanitary sewer connection to the Metropolitan Airports Commission
(MAC) to serve the garage sites needs.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. It is consistent with City policy to own (rather than rent) the public
utility services that serve Richfield.
0911 MAC
.
.
.
lB.
CRITICAL ISSUES I
. MAC will not allow the City to connect to their sanitary sewer line until
the proposed agreement is executed.
I C. FINANCIAL I
. The purchase price of the connection is $3,182.00 to be paid for out of
the Sanitary Sewer Utility fund.
I D. LEGAL I
. The City Attorney has reviewed the proposed agreement.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Pay MAC user fees for the sanitary sewer service on an ongoing basis.
I V. ATTACHMENTS I
. Proposed Sanitary Sewer Connection Agreement
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
.
.
,-
6 r\" \
SANITARY SEWER CONNECTION AGREEMENT
THIS AGREEMENT, made and entered into as to this day of ,2007, by and
between the CITY OF RICHFIELD, a Minnesota municipal corporation, ("Richfield") and the
METROPOLITAN AIRPORTS COMMISSION, a Minnesota public corporation, ("MAC").
WITNESSETH:
WHEREAS, Richfield and MAC have entered into a Memorandum Of Understanding in
February 2000 that would permit Richfield to build a maintenance type facility on the property
south of 66th Street, west of Longfellow Avenue and east of the Highway 77 off-ramp north
bound, and
WHEREAS, Richfield has acquired the said property; and
WHEREAS, Richfield intends to purchase the sanitary sewer connection ("Connection")
under Longfellow Avenue that was constructed by MAC to serve this property, it is the intention
of the parties that this agreement will accomplish that objective;
NOW THEREFORE, in consideration of the mutual promises and mutual obligations of
the parties contained herein, each of them does hereby represent, covenant and agree with the
other as follows.
1. Sanitary Connection. Richfield shall acquire the 8" PVC pipe sanitary sewer
connection that will be used for sanitary service to the Richfield maintenance facility
located on the stated property. The existing Connection was constructed by MAC and
will be purchased by Richfield. The Connection connects the Richfield property to
the MCES interceptor on the east side of Longfellow Avenue. Shown on Exhibit 1.
2. Purchase Price. Richfield agrees to pay MAC the sum of $3,182.00 for this
Connection.
3. Ownership. Richfield agrees to accept the Connection AS-IS WHERE-IS with no
warranties, both express and implied, or guarantees of any kind regarding the
condition or use of the Connection. Richfield will assume all responsibility for
maintaining, repairing and operating the Connection as ofthe date of this agreement.
4. Existing Restrictions. There are no pending or existing liabilities, encumbrances or
liens in any regard for this Connection.
5. Liability. Upon execution of this agreement, Richfield covenants and agrees to
indemnifY, defend and hold hannless MAC, MAC's employees and MAC's Commissioners
from any and all fines, suits, claims demands and actions of any kind and nature which arise after
the execution of this agreement for the Connection. There are no pending fines, suits, claims
demands or actions regarding the Connection. MAC agrees that Richfield may elect to retain
,
.
.
.
5r\~2
mutual counsel in any defense of a fine, suit, claim, demand or action regarding liability of the
Connection. This provision shall survive any telmination of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first
above written.
CITY OF RICHFIELD
By
By
Its City Manager
Its Mayor
METROPOLITAN AIRPORTS
COMMISSION
By
Jeffrey Hamiel
Executive Director
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
Consent
51
234
STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REPORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TInT:
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a new taxi license for Twin Cities Airport Taxi, Inc., 9217 - 17th
Avenue South, BloominQton, MN.
I. RECOMMENDED ACTION:
By Motion: Approve the request for a new taxi license for Twin Cities
Airport Taxi, Inc., 9217 -17th Ave South, Bloomington, MN.
I II. BACKGROUND I
On July 30,2007, the City received an application for a new taxi license for Twin
Cities Airport Taxi, Inc. The application is complete and all required fees have been
paid.
At the present time, there will be six (6) licensed vehicles.
The Public Safety background investigation has been completed and reveals the
following:
Abdinoor Ahmed Dolal is the owner of the business. He has no known criminal
record.
091107 New Taxi License for Twin Cities Airport Taxi, Inc.
.
.
.
The certificate of liability insurance has been submitted showing Twin City Group
affording the coverage.
At the present time, the number of vehicles that will be operating in Richfield will not
exceed six; however, there is a possibility new vehicles could be added.
The applicant has supplied the information regarding the make, body style and year
of all vehicles to be operated by the applicant. The applicant also agrees to supply
this information for any added vehicles in the future, as well as pay additional fees
for additional vehicles making pick-ups within the City of Richfield.
I III. BASIS OF RECOMMENDATION I
[ A. POLICY I
. The applicant meets the standards that are contained in the City's
ordinance.
lB.
CRITICAL ISSUES I
· Six vehicles are currently listed on the application to be licensed as a
taxicab; therefore, no additional vehicles will be allowed to pick up
patrons in the City without first obtaining the appropriate license.
Future vehicles could be added to the license, providing that the
proper paperwork has been completed, fees paid, and proof of current
liability insurance submitted.
I C. FINANCIAL
. N/A
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the request for a new taxi company license for Twin Cities Airport Taxi,
Inc. This would mean that the applicant could not pick up fares within the
City of Richfield.
I V. ATTACHMENTS
. None
I VI. PRINCIPALPARTIESEXPECTEDATMEETING I
. Abdinoor Ahmed Dolal, Owner/Operator
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Public Hearing
7
235
STAFF REPORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REPORT PREPARED By:
BETSY OSBORN, ADMINISTRATIVE
SUPPORT SERVICES MANAGER
NAME, T1TU,
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing to consider a request for new on-sale wine and 3.2 percent malt liquor licenses
for Patrick's Bakery & Cafe, 2928 W. 66th Street, Richfield, MN.
1.
RECOMMENDED ACTION:
Conduct a Public Hearing and By Motion:
· Approve the issuance of a new on-sale wine and
· Approve the issuance of a new 3.2 percent malt liquor license
for Patrick's Bakery & Cafe, 2928 W. 66th Street, Richfield, MN.
I II.
BACKGROUND I
On July 2, 2007, the City received the application and other required documents for
new on-sale wine and 3.2 percent malt liquor licenses for Patrick's Bakery & Cafe.
The applicant has satisfied all objective criteria for eligibility under state and local
ordinances.
0911 PH Patrick's Bakery and Cafe New Wine & 3.2 Liquor Licenses
.
The following requirements for license issuance have all been satisfied:
1. The applicant has paid the required licensing fees.
2. The required proof of liquor liability insurance coverage has been received
showing American Fire & Casualty Company affording the coverage.
3. Proof of worker's compensation insurance has been supplied.
4. The property being leased by Patrick's Bakery & Cafe is owned by Madison
Marquette. The lease between the applicant and the landlord are in effect with
all payments current.
5. There are no unpaid general sales and withholding taxes.
6. There were two previous "calls for service" to Patrick's Bakery & Cafe in the past
year. These contacts involved a suspicious person and a lost/stolen wallet.
The Public Safety background investigation has been completed and reveals the
following:
The applicants and owners of Patrick's Bakery & Cafe are Patrick Bernet and
Rafieh Bernet. Rafieh Bernet also serves as manager of the establishment.
.
A criminal history check was conducted on Patrick Bernet and Rafieh Bernet.
According to the Bureau of Criminal Apprehension's database there were no
matches found for either of these individuals. In checking the Infotrak Investigative
Query and CriMNet, it was also found that there were no criminal records for either
Patrick or Rafieh Bernet.
Patrick and his spouse Rafieh currently own two other bakery/cafes. One is located
in the Minneapolis Bachman's, 6010 Lyndale Avenue South. The other is located in
Wayzata at 331 Broadway Avenue South. Both of these locations currently
possess beer/wine licenses. Contact with the City of Minneapolis indicated no
negative contacts with the establishment. Contact with the City of Wayzata
indicated two contacts with Public Safety. One contact was relating to a false
alarm. The other contact was for the sale of alcohol to underage youth. In this
incident, the employee was charged with the crime. Patrick's Bakery & Cafe were
not penalized and the employee no longer works for the establishment.
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines discipline they
can expect if anyon-going problems occur. A copy of this resolution has been
given to the owner of the establishment.
There are no distance requirements to notify neighbors of the issuance of on-sale
wine and 3.2 percent malt liquor licenses.
.
.
.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
· The applicant has complied with all of the provisions of both City
Codes and State Statues pertaining to on-sale wine and 3.2 percent
malt liquor licenses.
I B. CRITICAL ISSUES I
· Requirements in Resolution 9511 must be met.
· The service of wine and 3.2 percent malt liquor is permitted only in the
interior of the establishment. No outside service of alcohol is allowed.
I C. FINANCIAL
· N/A
I D. LEGAL
. N/A
[IV. ALTERNATIVE RECOMMENDATION(S) [
· The Council could decide to deny the license request, which would mean that
the current applicants would not be able to obtain on-sale wine and 3.2 malt
liquor licenses.
I V. ATTACHMENTS
. None
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. Patrick Bernet, Owner
. Rafieh Bernet, Owner/Manager
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
Prop_ OrdinanceH
R
~16
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11,2007
REpORT PREPARED By:
BRAD SVEUM, FIRE SERVICES
DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEP ARTMENT DIRECTOR
REVIEW:
~
~
REVIEWED BY CITY
MANAGER:
\....
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the first reading of a proposed ordinance regulating open burning,
recreational fires and reQuirino permits.
1. RECOMMENDED ACTION:
By Motion: Approve first reading of the proposed ordinance
regulating open burning; requiring permits; adding Section 921 of the
Richfield City Code, and scheduling a second reading for September
25, 2007.
I II.
BACKGROUND I
For several years, open burning and recreational fires have been regulated by
individual municipalities. The Minnesota Fire Code regulates recreational fires only
as to the size of the fire and the distance from other structures. Types of materials
burned and hours of burning have been regulated only by an administrative policy of
the Richfield Fire Department. This administrative policy has had no enforcement
provisions associated with it. This ordinance will establish legally enforceable limits
and regulations as to when open burning or recreational fires may be conducted.
The second reading is scheduled for September 25,2007.
0911 RecreationalFires
.
.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. There are no statewide regulations of statutes regulating recreational
fires.
. This ordinance creates legally enforceable rules and regulations.
. This ordinance does not conflict with existing Minnesota Fire Code
regulations.
. This ordinance more clearly defines what constitutes a nuisance to
neighbors and allows the Fire Department the authority to order the
fire extinguished.
I B. CRITICAL ISSUES I
. The Richfield City Council has given direction and asked staff to return
with an ordinance regulating open burning and recreational fires.
I C. FINANCIAL
. N/A
I D. LEGAL I
. The Richfield City Attorney has reviewed and prepared the ordinance
I IV.
ALTERNATIVE RECOMMENDATION(S) I
. The City Council could choose to not adopt the ordinance or send it back to
staff for further review or modification.
I V. ATTACHMENTS
. Ordinance
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. N/A
BILL~'~J.
AN ORDINANCE REGULATING OPEN BURNING;
REQUIRING BURNING PERMITS; ADDING
SECTION 921 OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
.
Section 1. Chapter 9 of the Richfield City Code is amended by adding a new
section to read as follows:
Section 921 - Open BurninQ Restrictions
921.01. Purpose. The purpose of this section is to promote the general health,
welfare and safety by regulating open burning within the City of Richfield.
921.03. Definitions. Subdivision 1. The following words and terms, when used in
this section, shall have the following meanings unless the context clearly indicates
otherwise:
Subd. 2. "Fire Marshal" means the City of Richfield employee appointed by
the city manager as fire marshal.
Subd. 3. "Open burning" means a fire burning in matter, whether
concentrated or dispersed, which is not contained within a fully enclosed firebox,
structure or vehicle and from which the products of combustion are emitted directly
to the open atmosphere without passing through a stack, duct or chimney.
Subd. 4. "Recreational fire" means a fire set for cooking, warming or
ceremonial purposes.
.
921.05. Open Burning Prohibited Except by Permit. No person may cause, allow,
or permit open burning within the City except as provided in this section.
921.07. Exceptions to Open Burning Prohibition. Subdivision 1. Open burning of
the types, and subject to the conditions as stated in the following subdivisions, is
exempt from the prohibition in subsection 921.05 of this code.
Subd. 2. Recreational fires. Recreational fires are allowed in accordance
with all of the following conditions:
Fires must comply with the Minnesota Fire Code requirements;
Fires must be conducted only between the hours of noon and
midnight;
At least one person 18 years of age or older must be in attendance at
all times until the fire is extinguished;
At least one portable fire extinguisher with a minimum 4-A rating, a
charged garden hose, or a five-gallon pail of dirt or sand must be
available at all times until the fire is extinguished;
Fires must be extinguished to the point of cold before being left
unattended.
Fires must not be more than three feet in diameter or two feet in
height;
Fires must be contained in a fire pit or enclosure that is constructed
from brick, masonry, metal or other noncombustible material;
Fires must be located at least 25 feet away from any combustible
structure, except that fires in a manufactured container may be
located no less than 15 feet away from a combustible structure that is
located on the same property;
a.
b.
c.
d.
e.
f.
. g.
h.
.
.
.
or;l
Only dried wood from trees or small branches or charcoal may be
burned; no trash, yard debris, construction debris, plastic, or treated,
pained, varnished or otherwise coated materials may be burned; and
Fires must be immediately extinguished when ordered by a firefighter
or police officer. A firefighter or police officer may order any
recreational fire to be extinguished if the fire poses a nuisance to
surrounding residences. A nuisance is deemed to exist if the fire
generates flying embers that pose a hazard to property or generates
smoke or odors that unreasonably interfere with the use or enjoyment
of neighboring properties.
Subd. 3. Fires under managed supervision, for which a burning permit has
been obtained from the fire marshal and, where required by state law, from the
pollution control agency or department of natural resources, but limited to the
following:
i.
J.
a. Fires purposely set for the instruction and training of public and
industrial fire fighting personnel.
b. Fires set for the elimination of a fire hazard which cannot be abated by
another other practicable means.
c. Fires purposely set for forest and game management purposes.
d. The burning of trees, brush, grass and other vegetation in the clearing
of land, the maintenance of street, road and highway rights of way,
and in accepted agricultural land management practices.
Subd. 4. An exception to conduct open burning under this subsection does
not excuse a person from the consequences, damages, or injuries which may result
therefrom, nor does it exempt any person from regulations promulgated by the
Minnesota pollution control agency or any other governmental unit exercising
jurisdiction in matters of pollution or fire hazard regulation.
921.09. Penalty. Violation of this section is a misdemeanor under Minnesota law.
Sec. 2. This ordinance is effective in accordance with Section 3.06 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this _ day of
,2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Prop. Ordinance~
9
237
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
REpORT PREPARED By:
PAM DMYTRENKO ,
ASSISTANT TO THE CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
~..../"/
~.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of amendments to the City Administrative Code Chapter III,
Subsection 310.33, Subdivision 1 describing vacation leave eligibility, Subsection 310.43
Subdivision 1 describing resignation and Subsection 310.51 Subdivision 2 describing
candidacy leave of absence.
1. RECOMMENDED ACTION:
By Motion: Approve the second reading of the proposed ordinance
amendments to the City Administrative Code Chapter III for the
following subsections:
1) Subsection 310.33, Subdivision 1, describing vacation leave
eligibility, and
2) Subsection 310.43, Subdivision 1, describing resignations, and
3) Subsection 310.51, Subdivision 2, describing candidacy leave of
absence.
I II.
BACKGROUND I
Under current City Administrative Code, Chapter III, Subsection 310.33, Vacation
leave Subd. 1, Eliqibility, employees are not eligible to use accrued vacation leave
until after completing six months of employment with the City. Because recent case
law has deemed it illegal to withhold accrued, unused leave from employees upon
separation, staff is proposing to eliminate the Subd. 1 exception and allow regular
0911AdministrativeCodeChanges
.
and full time employees to use accrued vacation leave at any time during their
employment without any specific waiting period.
The proposed change to Section 310.33, Subd. 1 is as follows:
310.33 Vacation leave. Subd. 1, Eliqibility. Regular employees and full-time
employees shall be eligible for vacation leave upon accrual. e)(cept that no
employee be allowed vacation leave I Inti! after completion of six mOllth5 of
emp1oyr"el"lt
The second proposed ordinance change to Subsection 310.43 Termination, Subd. 1
Resiqnation, also is an adjustment to City Code in deference to the same case law
referenced previously that makes it illegal to withhold accrued benefits from
employees who are either terminated or resign.
The proposed change to Section 310.43, Subd. 1 is as follows:
.
310.43 Terminations, Subd. 1 Resiqnation An employee wishing to leave the
municipal service in good standing shall file with the employee's supervisor or
department head, at least 14 days before leaving, a written resignation stating the
effective date of the resignation and the reason for leaving. Failure to comply with
this procedure may be considered cause for denying such employee future
employment by the city and denying terminal vacation benefits. Unauthorized
absence from work for a period of three or more working days may be considered
by a department head as a resignation withollt benefits.
The third proposed ordinance change is to Subsection 310.51 Political activity,
Subd.2 Candidacy: leave of absence. Effective July 1,2007, staff adopted a new
personnel policy (see attachment) to establish clear and reasonable guidelines for
employees who choose to participate in political activities while employed by the
City. While the City supports employee political participation, it is essential that
such activities do not interfere with the performance of an employee's job nor be
associated directly with the City~
In order for the City Code to be in alignment with the Political Activity personnel
policy, and recognizing that current administrative code unduly penalizes staff from
participating in the political process, staff is recommending the elimination of Subd.
2 Candidacy: leave of absence. The proposed ordinance change is as follows:
.
I A.
POllCY I
. The proposed modifications to Subsection 310.33, Subd. 1 and
Subsection 310.43, Subd. 1 bring the City's administrative code into
compliance with State law and makes it more consistent with the
provision allowing employees to receive their accrued, unused
vacation leave upon separation of employment.
. The proposed elimination of Subsection 310.51, Subd. 2 provides
employees with the opportunity to become a candidate for political
office, without requiring a leave of absence without pay, as long as the
guidelines established in the City's Political Activity personnel policy
are followed.
I B. CRITICAL ISSUES I
. The first reading of the proposed ordinance amendments was held at
the regular City Council meeting of August 14, 2007 and the second
reading was scheduled for September 11,2007.
I C.
FINANCIAL I
. By amending Subsection 310.33, Subd. 1, employees will be able to
use his/her vacation leave upon accrual without a six month waiting
period. At this time, the maximum amount of vacation leave accrued
by an employee during the first six months of employment is six days.
. By amending Subsection 310.43, Subd. 1, employees who resign
employment with the City without providing 14 days notice or who
effectively resign because of an unauthorized absence, will receive
any unused, accrued leave.
.
I D. LEGAL I
. In order to comply with State law and align with the City's personnel
policies, it is important to make these ordinance adjustments in a
timely manner.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not amend each ordinance. However, there are Sate law compliance
issues as well as the desire to align the City's administrative code with
updated City policies.
· Defer discussion until another date. However, it is important to act in a timely
manner regarding these issues.
.
I V. ATTACHMENTS
. City Administrative Code changes
. Political Activity personnel policy
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING
. None
.
.
.
OJ-I
BILL NO.
AMENDMENTS TO SECTIONS 310.33, 310.43 AND 310.51
OF THE ORDINANCE CODE OF THE
CITY OFRICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 3. Subsection 310.33, Vacation Leave, Subdivision 1 of the ordinance code
of the City of Richfield entitled, "Eligibility," is hereby amended as follows:
Subd. 1, Eliqibility. Regular employees and full-time employees shall be
eligible for vacation leave upon accrual. except that no erpp10yee be ollowed
VoCotion leove Ilntil after completion of six months of erTlp10yment
Section 3. Subsection 310.43, Terminations, Subdivision 1 of the ordinance code of
the City of Richfield entitled, "Resignation," is hereby amended as follows:
Subd. 1, Resiqnation. An employee wishing to leave the municipal service in
good standing shall file with the employee's supervisor or department head, at least
14 days before leaving, a written resignation stating the effective date of the
resignation and the reason for leaving. Failure to comply with this procedure may
be considered cause for denying such employee future employment by the city and
denyina terminal vacation benefits. Unauthorized absence from work for a period of
three or more working days may be considered by a department head as a
resignation withollt benefits.
Section 3. Subsection 310.51, Political Activity, Subdivision 2 of the ordinance code
of the City of Richfield entitled "Candidacy: leave of absence," is hereby amended as
follows:
Sllbd ? Candidacy' leave of absence An employee who becomes 0 candidate for
elective p'lblic office shall alltomatically receive a leove of absel1ce withollt pay and
sholl perform no dllties connected with the position Ilntil no IOllger a candidate
f-Io'^leVer, if the needs of the m'lnicipal service reqllire, the vacancy created by the
absence rTloy be filled and the employee's service terminated
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
September 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
9/~
CITY OF RICHFIELD
POLITICAL ACTIVITY
.
PERSONNEL POLICY
DATE:
July 1, 2007
SUBJECT: Political Activity
Introduction
The purpose of this policy is to recognize the importance and right of employees to participate in the
political process while establishing important parameters for exercising this right during their course of
work with the City of Richfield.
Political Activity
As individuals, employees may express opinions on political issues and candidates during off-work hours
when not discharging City functions; they may otherwise participate in public affairs but only to the
extent that such endeavors do not impair the neutral and efficient performance of official duties or create
real or apparent conflicts of interest.
Employees are prohibited from directly or indirectly, during their hours of employment, soliciting or
receiving funds or at any time using their authority or official influence to compel any officer or employee
to apply for membership in or become a member of any organization, or to payor promise to pay any
assessment, subscription, or contribution, or to take part in any political activity. Employees are
prohibited from using their position of municipal employment to influence, interfere with, or affect an
election campaign or the results of an election.
.
Employees may not engage in political activity while on City time or while discharging City
responsibilities; nor may they act in a manner that suggests that the City either supports a particular
candidate or political issue or endorses the personal political opinions of the municipal employee. Any
act, which tends to identify the City with any candidate of political issue, or which otherwise tends to
undermine the public perception of the City as a politically neutral and impartial body, is prohibited.
Use of City vehicles, facilities, equipment, or other resources while engaging in political activities is not
permitted. This restriction does not apply to municipal resources available to the public at large for use
in connection with political activities, such as the use of meeting rooms.
Candidacy for Office
Upon becoming a candidate for public office, an employee may request a leave of absence for the
duration of such candidacy. If the candidacy of a City employee for public office involves time
commitments that are inconsistent with the employee's regular municipal employment, so that the
regularly assigned duties cannot be fulfilled, the employee must request a leave of absence. The City
Manager may grant such leave of absence if it is in the interests of the City and if the required duties of
the employee can be satisfactorily reassigned. An employee shall be considered a candidate under this
section upon filing for political office.
Election or Appointment to Office
If an employee is elected or appointed to a position that is legally incompatible with municipal
employment, the employee must resign municipal employment before assuming the responsibilities of
the elected or appointed office. If an employee is elected to the legislature or to another full-time public
office, the employee shall be granted a leave of absence, as provided by law.
.
If an employee is elected or appointed to a part-time public office which is legally incompatible with
municipal employment, and cannot simultaneously effectively discharge the responsibilities of
employment, the employee shall either resign municipal employment, or request a leave of absence to
permit the employee to exercise the part-time public office. The City Manager may grant such leave of
.
.
.
Political Activity
Page 2
qr3
absence if it is in the best interest of the City, and if the required duties of the employee can be
satisfactorily reassigned.
Appointment to Board and Commissions of the City
Regular full-time and part-time City employees may not be considered for appointments to City advisory
commissions. However, employees may be requested to serve in a staff advisory or liaison capacity as
part of his/her job duties for the City of Richfield.
Approved: /s/ Steven L. Devich
City Manager
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
Other Business
10
238
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
~-~~~~~~-'~-"~._~,-~--~-_._~~-_..~~~
REPORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Land Exchange Agreement between the City and Roger A. Wahldick, as
part of the 66th Street and Portland Avenue Intersection Project.
I.
RECOMMENDED ACTION:
By Motion: Authorize the Mayor and City Manager to execute the
proposed Land Exchange Agreement between the City of Richfield
and Roger A. Wahldick, as Trustee of the Roger A. Wahldick Trust for
the acquisition of land needed to complete the intersection project.
I II.
BACKGROUND I
Portions of the Victoria Manor Apartments property have been identified as required
in order to proceed with the 66th Street and Portland Avenue Intersection Project.
Staff has negotiated with the property owner to reach a proposed land exchange
agreement, acceptable and reasonable, for the property takings and easements.
The proposed agreement avoids the condemnation process and includes the
exchange of 5,143 sq. ft. of remnant land for 2,127 sq. ft. of land from the Victoria
Manor site and reimbursement of $14,410 for Owner's construction costs for site
improvements needed as a result of the project.
0911WahldickPA.doc
.
.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Portions of this property have been identified as necessary to be
acquired for the 66th Street and Portland Avenue Intersection Project.
· Right-of-way acquisition procedures set forth by the Minnesota
Department of Transportation and the Federal Highway Administration
are being followed.
I B. CRITICAL ISSUES I
· All property for the project must be acquired by the City prior to
September 30, 2007 to secure the federal funds.
I C. FINANCIAL I
· The City will be responsible for payment of closing costs. (Est. $4,000)
· The $14,410 reimbursement payment will be paid for using Municipal
State Aid funds.
!D.
LEGAL ]
· Tom Scott of Campbell Knutson, attorney acting on behalf of the City,
has overseen the agreement preparation and will be available to
answer any questions.
I IV. ALTERNATIVE RECOMMENDATION(S) I
· Do not authorize the Mayor and City Manager to enter into the proposed
Land Exchange Agreement and direct staff on how to proceed.
I V. ATTACHMENTS
. Proposed Land Exchange Agreement
· Site Plan
I VI. PRlNCIPALPARTIES EXPECTED AT MEETING I
· Roger Wahldick, Owner of the Victoria Manor Apartments
· James R. Walston, Attorney representing Mr. Wahldick
· Tom Scott, Campbell-Knutson PA, Special Counsel for the City
IOc-{
.
LAND EXCHANGE AGREEMENT
This Purchase Agreement (the "Agreement") is made this _ day of , 2007 by and
between Roger A. Wahldick, as Trustee of the Roger A. Wahldick Trust Agreement dated
August 10, 1999 ("Owner") and City of Richfield, a Minnesota municipal corporation (the "City").
ARTICLE 1
DEFINED TERMS; CONTINGENCIES; AGREEMENT
1.01 Trust Property. Owner is the fee owner of certain real estate located in Hennepin County,
Minnesota, which is legally described on the attached Exhibit A (the "Trust Property"). The tax
parcel number for the Trust Property is 27-028-24-14-0010. The general location of the Trust
Property is depicted on the attached Exhibit J. The Trust Property currently abuts both Portland
Avenue and 66th Street East and has a driveway entrance onto each of those streets.
.
1.02 The Proiect. The City has undertaken a right-of-way improvement project in the vicinity of
the Trust Property, for the construction of a roundabout intersection at the intersection of 66th Street
and Portland Avenue (the "Project"). The Project will impact the Trust Property in the following
ways: (a) the City will acquire fee simple absolute title to portions of the Trust Property (the "Road
Parcels); (b) the City will acquire temporary construction easements over portions of the Trust
Property (the "Temporary Easements"); (c) the City will close the most northerly driveway access
from the Trust Property onto Portland Avenue; (d) the City will relocate the driveway onto Portland
Avenue from its current location to a location that is located on property to the south of the Trust
Property (the "Holding Property"), and (e) the City will acquire and convey to Owner the Holding
Property for combination with the Trust Property.
1.03 The Road Parcels: Trust Remainder Property. The City intends to acquire fee simple
title to the Road Parcels in connection with the Project. The Road Parcels are legally described on
the attached Exhibit B. The location of the Road Parcels are generally depicted on the attached
Exhibit J. After conveyance of the Road Parcels to the City, Owner will remain in ownership of the
property legally described on the attached Exhibit C (the "Trust Remainder Property").
1.04 The Temporary Easements. The City intends to acquire Temporary Easements for
construction purposes in furtherance of the Project. The Temporary Easements are legally
described on the attached Exhibit D. The locations of the Temporary Easements are generally
depicted on the attached Exhibit J.
.
1.05 Boldin!! Property. The City has acquired fee simple title to a parcel of real estate that is
adjacent to the Trust Property on the south and east. The City will retain a portion of that property
for right of way purposes in connection with the Project, but a part of that property will not be
needed for the Project. The remnant that will not be needed for the project is referred to as the
"Holding Property." The City will convey the Holding Property to Owner for combination with the
Trust Remainder Property. The Holding Property is legally described on the attached Exhibit E.
The generallocation of the Holding Property is depicted on the attached Exhibit J.
306957vI CAlI RCI45-570
1
IOc~d
1.06 New Trust Property. After transfer of the Road Parcels to the City and the transfer of the
Holding Property to Owner, City at its cost will initiate within thirty (30) days a plat application and
promptly complete a plat which will combine the Trust Remainder Property and the Holding
Property into a single platted lot. The Holding Property and Trust Remainder Property are
collectively referred to in this Agreement as the "New Trust Property". The New Trust Property,
prior to platting, is legally described on the attached Exhibit F. The general location of the New
Trust Property is depicted on the attached Exhibit J.
1.07 Site Improvements. As part of the Project, the City will restore the Temporary Easement
areas, according to the attached Exhibit G. The Owner agrees to contract for and undertake the
installation of parking lot improvements within the areas depicted in cross-hatched blue on the
attached Exhibit H. Further details regarding the construction of the site improvements are
provided at Article 3 below.
1.08 Overview of Aereement. Subject to the terms, conditions and contingencies set forth in
this Agreement, the parties have agreed that (1) Owner will convey the Road Parcels and
Temporary Easements to the City; (2) concurrently in exchange, the City will convey the Holding
Property to Owner; (3) City will plat the Holding Property and the Trust Remainder Property into a
single lot; and (4) the Owner will construct the Site hnprovements on the New Trust Property as
provided in this Agreement and in coordination with the City's construction of the Project.
1.09 Contineencies. This Agreement is subject to the following contingencies:
A. If an environmental investigation by or on behalf of Owner discloses, or if
environmental reports certified to Owner in accordance with section 2.05 below
disclose, the existence of petroleum product or other pollutant, contaminant or
other hazardous substance on the Holding Property, the Owner's obligations
under this Agreement shall be contingent upon the City agreeing in writing
at or prior to closing to obtain and deliver to Owner the following
documents: 1) a Phase II Environmental Site Assessment certified to Owner;
2) a copy of the submitted Development Response Action Plan (DRAP); 3) a
copy of the submitted Construction Contingency Plan (CCP); 4) written
review and approval of the DRAP/CCP from the MPCA Petroleum
Brownfields Program (PBP) and the Voluntary Investigation and Cleanup
(VIC) program; 5) a closure letter from the Minnesota Pollution Control
Agency (MPCA) or other appropriate regulatory authority that remediation has
been completed to the satisfaction of the MPCA or other authority. The City must
commit to obtain the closure letter in a time frame that will not unreasonably
delay Owner's site improvements.
B. The approval by the City's city council of this Agreement, within 30 days after
execution of this Agreement by Owner.
C. Prior to Closing, the approval by the City's city council, in accordance with City
charter requirements, of an ordinance authorizing the sale of the Holding Property
306957vl CAH RC145-570
2
.
.
.
ID'~ 3
pursuant to this Agreement.
D.
Prior to Closing, the approval by the City's city council of a conditional use pennit
amendment, in accordance with section 2.04 of this Agreement.
The contingencies in subparagraphs B., C. and D. above may not be waived by either party. The
contingency in subparagraph A. above may be waived by Owner in writing. If the contingencies of
this section are not waived or satisfied by the dates specified, this Agreement shall be terminated.
ARTICLE 2
LAND EXCHANGE TERMS
2.01 Offer/Acceptance. In consideration of the agreements herein contained, Owner agrees that
it will convey the Road Parcels and the Temporary Easements to the City. Concurrently, City
agrees that it will convey to Owner the Holding Property.
2.02 Terms.
A.
Equal Land Exchange. The parties agree that this is a land exchange only and that
no monetary consideration, other than the lands to be exchanged and the
performance of the obligations under this Agreement, shall be due to either party.
B.
Waiver of Appraisal. Owner acknowledges that Owner is aware of its right to
require the City to appraise the Owner Property and is aware of Owner's right to
receive just compensation for the acquisition of the Road Parcels and Temporary
Easements. Owner has independently determined that Owner's receipt of the
Holding Property and reimbursement for portions of the site improvements will
fully compensate Owner for the acquisition of the Road Parcels and Temporary
Easements. Owner waives its right to have the Trust Property appraised and to
receive cash compensation for the damages caused by acquisition of the Road
Parcels and Temporary Easements. Owner also waives all other rights to which
Owner may be entitled under Minn. Stat. Ch. 117.
C. Documents to be delivered at Closing by Owner. At Closing, Owner shall
deliver to City:
1. Trustee's Deed conveying title to the Road Parcels to the City free and clear
of all liens and encumbrances except the following items (allowable
encumbrances):
a. Building and zoning laws, ordinances, state and federal statutes or
other governmental regulations;
b.
Real estate taxes and special assessments for which the City is
responsible;
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c. Reservation of any minerals or mineral rights in the State of
Minnesota; and
d. Those items approved by the City pursuant to Section 2.05.
2. Certificate of Trust and Affidavit of Trustee in conformance with Minnesota
Statutes, Sections 501B.56 and 501B.57.
3. Temporary Easement in a form substantially similar to the attached Exhibit
1.
4. Such other documents as may be reasonably required by City's title
examiner or title insurance company of Old Republic National Title
Insurance Company (the "Title Company").
D. Documents and Items to be delivered at Closing by City. At Closing, City
shall deliver to Owner:
1. A Limited Warranty Deed conveying title to the Holding Property to Owner
free and clear of all liens and encumbrances except the following items
(allowable encumbrances):
a. Building and zoning laws, ordinances, state and federal statutes or
other governmental regulations;
b. Real estate taxes for which Owner is responsible pursuant to Section
2.06;
c. Those items approved by Owner pursuant to Section 2.05; and
d. Reservation of any minerals or mineral rights in the State of
Minnesota.
2. Standard form Affidavit of Seller.
3. Proof of Subdivision Approvals, if required, as provided at Section 2.03
below.
4. Payment of all Closing costs, deed taxes, title examination, document
preparation fees, escrow fees and title insurance premiums for the Holding
Property such that Owner will not have to pay for any cost at Closing,
provided however, the Owner will pay for the following only: (1) tax
penalties or liabilities, if any, as described in Section 2.06 below; (2) the cost
of any title endorsements ordered by Owner, and (3) recording fees and deed
taxes on instruments required to cure title defects as provided in Section
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2.06 to the Road Parcels and Temporary Easements prior to the recording of
the conveyance documents deed to the City.
5.
Such other documents as may be reasonably required by the Title Company.
2.03 Subdivision Approval. The sale of the Holding Property involves the division of an
existing tax parcel, no. 27-028-24-14-0011. The sale of the Road Parcels involves the division of
existing tax parcels, nos. 27-208-24-14-0010. The City, at its sole cost and expense, is responsible
for obtaining any necessary plat and subdivision approvals or waivers of subdivision approval (the
"Subdivision Approvals").
2.04 Zonin2 Approval. The physical reconfiguration of the Trust Property as contemplated by
this Agreement will require city approval of an amendment to an existing conditional use permit for
the Trust Property, and this Agreement is contingent upon the receipt of that approval. The City is
responsible for the payment of the required city application fee for the conditional use permit
amendment. Owner agrees to cooperate in processing the application. Because the amendment is a
land use approval that requires a public hearing, nothing in this Agreement is intended to limit the
City Council's exercise of its legal authority and discretion with respect to the approval or
disapproval of the amendment, nor is this Agreement intended to expand the City's discretion or
authority with respect to consideration of the amendment.
.
2.05 Environmental Investi2ation. Owner and its agents shall have the right to enter upon
the Holding Property immediately after City provides notice to Owner that City has acquired title
to the Holding Property, said entry being for the purpose of inspecting the Holding Property
and conducting such environmental examination and tests as Owner deems necessary. City
agrees to provide Owner with copies of all reports in City's possession or control relating to the
environmental condition of the Holding Property, and City shall have such reports certified to
Owner. Owner agrees to indemnifY City against any liens, claims, losses, or damage occasioned
by Owner's exercise of its right to enter and inspect the Holding Property. Owner agrees to
provide the City with copies of environmental reports, if any, that Owner obtains as the result of
Owner's inspection and examination of the Holding Property.
2.06 Real Estate Taxes and Special Assessments.
A. Owner agrees to pay all real estate taxes due and payable in the year of Closing and
prior years on the Trust Property, including those taxes attributable to the Road
Parcels. The City is responsible for all real estate taxes due and payable in the year
of Closing and prior years on the Holding Property.
B. City shall pay the real estate taxes due and payable in the years following the year of
Closing for the Road Parcels. Owner shall pay the real estate taxes due and payable
in the years following the year of Closing for the New Trust Property.
C.
Owner shall pay all levied special assessments for the Trust Property prior to or on
the Closing Date. City shall pay all special assessments to the Holding Property,
whether pending, levied or otherwise prior to or on the Closing Date. The City
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represents that there are no pending special assessments on the Trust Property or the
Holding Property.
2.07 Title and Remedies.
A. The City may obtain at its cost a commitment for an owner's policy of title
insurance for the Road Parcels and Temporary Easements and shall have 20 days
following the receipt of such commitment, and copies of all the underlying
documents mentioned in the commitment, to make its objections in writing to
Owner. The City shall provide Owner with a commitment for an owner's policy
of title insurance for the land constituting the Holding Property, naming Owner as
the proposed insured, for the amount of $115,000.00, a title commitment to
endorse the Owner's Mortgagee's title policy insuring the Holding Property, and
AL T A survey of land constituting the Trust Remainder Property and Holding
Property (and depicting the same) certified to Owner and the Title Company, and
Owner shall have 20 days following the receipt of same, copies of all the
underlying documents mentioned in such commitment, and the above-described
survey to make its objections in writing to City. The survey must include a
certification that the Holding Property and Trust Remainder Property are
contiguous. Unless timely made in writing, objections will be deemed waived.
The parties agree that the ALTA survey to be provided need only contain those
elements minimally required by Title Company for the issuance of a title
insurance policy insuring title in Owner to the Holding Property.
B. If Owner makes any objections to the condition of title to the Holding Property
within the 20-day review period, the City shall have 30 days to cure any defects.
If the City cannot cure such title defects within the 30-dayperiod, then at Owner's
option this Agreement shall be null and void and of no further force or effect.
C. If City makes any objections to the condition of title to the Road Parcels within the
20-day review period, the Owner shall have 30 days to cure any defects. If the
Owner cannot cure such title defects within the 30-day period, then at City's option
this Agreement shall be null and void and of no further force or effect.
2.08 Closinl!. The closing ("Closing") of the conveyance of the Road Parcels, Temporary
Easement, and Holding Property shall take place on a date mutually agreed to by the parties but not
later than May 11, 2008. The Closing shall take place at the offices of Old Republic National
Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401 or such
other location as mutually agreed upon by the parties.
2.09 Closinl! Costs and Related Items. City will be responsible for payment of the cost of the
title commitments and surveys pursuant to Section 2.05, payment oftitle insurance premium for the
Holding Property and payment of state deed taxes and recording fees as described in Section
2.02(D)( 4) except as otherwise provided herein. Owner shall not be responsible for any closing
costs except as provided in Section 2.02(D)( 4). Each party shall be responsible for its own
attorneys fees.
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2.10 City Representations. The City represents that it will not specially assess the costs of the
Project against the Trust Property.
ARTICLE 3
CONSTRUCTION OF SITE IMPROVEMENTS
.
3.01 Au:reement to Construct Site Improvements. Owner agrees to contract for the
construction of the Site Improvements within the areas depicted in the blue cross~hatch on the
attached Exhibit H. The Site Improvements include grading and construction of new paved
parking spaces. City agrees to reimburse Owner at closing the amount of $14,410.00 for
Owner's construction costs for the Site Improvements located within the blue cross-hatched area
on the attached Exhibit H. Owner will be solely responsible for the cost of all other Site
Improvements to be constructed. City agrees to provide Owner with the City's schedule for
construction of the Project, at least 60 days in advance of the commencement of construction of
the Project. Both parties agree to work cooperatively to coordinate their respective work on the
Site Improvements and the Project so as to minimize conflicts in the respective work; however,
the construction of the Project shall be deemed to have a higher priority than the construction of
the Site Improvements. The City will make temporary parking available for Owner's tenants'
use during construction. The parking will be located on the Holding Property with one row of
parking along the west property line and another strip running east/west just north of the new
entrance off of Portland Avenue. City will at its cost prepare the parking surface with Class 5
materials.
3.02 Access. The parties agree that the City may permanently close the northerly existing
driveway to Portland Avenue to all vehicular traffic, once construction of the relocated driveway
has been completed. Except as provided in this paragraph, the City will ensure that at least one
driveway access with a minimum width of 12 feet is open to vehicular travel at all times during
the Project construction. The only exceptions to that requirement shall be: (a) with the prior
written consent of Owner, the City may temporarily close all access to the Trust Property for a
period of not more than 10 hours, provided that City makes its request to Owner and on-site
manager at least 24 hours in advance of the requested closure; and (b) in case of an emergency,
the City may temporarily close access for the minimum period necessary to correct the
emergency condition and restore access, in which case the City will immediately give verbal
notice to Owner of the emergency situation and shall take all appropriate measures to restore
access as promptly as possible.
.
3.03 Condition of Holding Property Upon Conveyance. Prior to Closing, the City will
remove all structures, site improvements, building rubble, debris or other fixtures and personal
property from the Holding Property at its costs. The City will also rough grade the Holding
Property in a manner and to a grade reasonably acceptable to Owner. Surface drainage from the
Project landscaped area to be owned by the City will flow to the south and east, and not adversely
affect the New Trust Property.
3.04 Electric Service. Xcel will be constructing a new "pad mount" in the right-of-way from
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which a new underground service line to the apartment building will be installed. City will be
responsible for all costs relating to the new service line. The City's consulting engineer, WSB,
will coordinate the new service line installation with Xcel and Owner.
ARTICLE 4
MISCELLANEOUS PROVISIONS
4.01 Well Disclosure. To the best of Owner's knowledge, there is no well located on the
Road Parcels or Temporary Easement Areas. To the best of City's knowledge, there is no well
located on the Holding Property.
4.02 ISTS Disclosure. Owner represents that there is no individual seWage treatment system
located on the Road Parcels or Temporary Easement Areas. City represents that there is no
individual sewage treatment system located on the Holding Property.
4.03 Methamphetamine Disclosure. To the best of Owner's knowledge, methamphetamine
production has not occurred on the Road Parcels or Temporary Easement Areas. To the best of
City's knowledge, methamphetamine production has not occurred on the Holding Property.
4.04 No Partnership or Joint Venture. Nothing in this Agreement shall be interpreted as
creating a partnership or joint venture among the parties.
4.05 Labor and Material. Owner warrants to City that there has been no labor or material
furnished to the Road Parcels or Trust Property Parcel for which payment has not been made as of
the date of this Agreement. This warranty shall survive the Closing of this transaction.
4.06 Cumulative Rights. Except as may be otherwise provided elsewhere herein, no right or
remedy herein conferred upon or reserved to any party is intended to be exclusive of any other right
or remedy provided herein or by law, but such rights and remedies shall be cumulative and in
addition to every other right or remedy given herein or elsewhere or hereafter existing at law in
equity, or by statute Notwithstanding anything to the contrary, no remedy of specific performance
or self-help shall be permitted herein except (1) the City may cure any title defects on the Road
Parcels; (2) the City or Owner may require Closing in compliance with this Agreement; and (3)
City may require completion of the Site hnprovements after the Owner has commenced such
construction. Nothing in this Section prevents the City from exercising its powers of eminent
domain with respect to the Trust Property in the event that this Agreement is terminated.
4.07 No Broker Commissions. Each party represents and warrants to the other parties that there
is no broker involved in this transaction with whom the warranting party has negotiated or to whom
the warranting party. has agreed to pay a broker commission. Each party agrees to indemnify the
other parties for any and all claims for brokerage commissions or finders' fees in connection with
negotiations for the purchase and sale of the Road Parcels, Temporary Easements, or Holding
Property arising out of any alleged agreement or commitment or negotiation by the indemnifying
party.
4.08 No Merger. The provisions of this Agreement shall not be merged into any instruments or
306957vl CAH RC145-570
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conveyance delivered at Closing, and the parties shall be bound accordingly.
4.09 Entire Al!reement: Amendments. This Agreement constitutes the entire agreement
among the parties, and no other agreement prior to this Agreement or contemporaneous herewith
shall be effective except as expressly set forth or incorporated herein. Any purported amendment
shall not be effective unless it shall be set forth in writing and executed by the parties or their
respective successors or assigns.
4.10 Bindinl! Effect: Assil!llnient. This Agreement shall be binding upon and inure to the
benefit of the parties and their respective heirs, executors, administrators, successors and assigns.
4.11 Notice. Any notice, demand, request or other communication which mayor shall be given
or served by the parties shall be deemed to have been given or served on the date the same is
deposited in the United States Mail, registered or certified, postage prepaid; delivered by a
nationally recognized overnight delivery company, or actually received by the recipient and
addressed as follows:
A. If to Owner:
B.
IHo City:
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Attn: City Manager
4.12 Captions. Headinl!s or Titles. All captions, headings, or titles in the paragraphs or
sections of this Agreement are inserted for convenience of reference only and shall not constitute a
part of the Agreement or a limitation of the scope of the pmticular paragraphs or sections to which
they apply.
4.13 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
4.14 No Third Party Beneficiarv. This Agreement is not intended for the benefit of any third
party.
4.15 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota, without regard to choice oflaw provisions.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above.
[Remainder of this page left blank intentionally]
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[Signature Page for Owner]
ROGER A. W AHLDICK, AS TRUSTEE OF THE
ROGER A. W AHLDICK TRUST AGREEMENT
DATED AUGUST 10, 1999
By
Its
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EXHffiIT A
Legal Description of the Trust Property
That part of the Southeast Quarter of the Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Principal Meridian described as follows: Beginning at a point on the
East line of said Southeast Quarter of Northeast Quarter distant 150 feet North of the Southeast
comer thereof; thence North along said East Line 100 feet more or less to a point distant 1063.63
feet South of the Northeast comer of said Southeast Quarter of Northeast Quarter; thence West
parallel with the South line of said Southeast Quarter of Northeast Quarter a distance of 562.4
feet more or less to a point on the East line of Lot 21, "Ralph Milner's Addition" distant 10 feet
east of the Northeast comer of Lot 12, said Addition; thence South along the east line of said Lot
21 and the extension thereof a distance of 249.65 feet more or less to the South line of said
Southeast Quarter of Northeast Quarter; thence East along the South line of said Southeast
Quarter of Northeast Quarter a distance of 404.4 feet more or less to a point 158 feet West of the
Southeast comer of said Southeast Quarter of Northeast Quarter; thence North parallel with the
East line of said Southeast Quarter of Northeast Quarter a distance of 150 feet; thence East
parallel with the South line of said Southeast Quarter of Northeast Quarter a distance of 158 feet
to the point of beginning, EXCEPT that part ofthe Southeast Quarter of the Northeast Quarter of
Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
comer of Lot 21, "Ralph Milner's Addition which point is 50 feet North of the South line of said
Southeast Quarter of Northeast Quarter of said section; thence North along the East line of said
Lot 21, a distance of 199.65 feet to a point 249.65 feet North of the South line of said Southeast
Quarter of Northeast Quarter of said Section; thence East 200.4 feet to a point on the West line of
5th Avenue South as deeded to the Village of Richfield by deed recorded in Book 2028 of Deeds,
page 126, and which point is 250 feet North of the South line of said Southeast Quarter of
Northeast Quarter; thence South along the West line of said 5th Avenue South 200 feet to a point
50 feet North of the South line of said Southeast Quarter of Northeast Quarter; thence West
parallel with South line 200.4 feet to the point of beginning, and EXCEPT That part of The
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Beginning at the Southeast comer of Lot 21, "Ralph Milner's Addition"
which point is 50 feet North of the South line of said Southeast Quarter of the Northeast Quarter
of said Section; thence East parallel with and 17 feet North of the North line of 66th Street as
now laid out 200.4 feet to the West line of 5th Avenue South as deeded to the Village of
Richfield by Deed recorded in Book 2028 of Deeds, page 126; thence South along said West line
17 feet to the North line of 66th Street as now laid out; thence West along said North line 200.4
feet to a point 17 feet South of the point of beginning; thence North to the point of beginning.
Subject to 66th Street East and Portland Avenue South.
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[Signature Page for City]
CITY OF RICHFIELD
By
Its Mayor Debbie Goettel
By
Its City Manager Steve Devich
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EXHIBIT B
Legal Description for the Road Parcels
That part of (TRACT A) as described below, which lies northerly of the southerly 33.00 feet
thereof and which lies southerly of the following described line: Commencing at the intersection
of the south line of the Southeast Quarter of the Northeast Quarter of Section 27, Township 28,
Range 24, Hennepin County, Minnesota, and a line drawn parallel with and distant 136.63 west
of the east line of said Southeast Quarter of the Northwest Quarter; thence North 00 degrees 16
minutes 35 seconds East, assumed bearing along said line drawn parallel with and distant 136.63
feet west of the east line, to its intersection with a line drawn parallel with and distant 52.13 feet
north of said south line; thence southwesterly, 167.51 feet, along. a non-tangential curve, concave
to the northwest, having a radius of 1488.00 feet, and a central angle of 06 degrees 27 minutes 00
seconds, the chord of said curve bears South 84 degrees 48 minutes 01 seconds West, to the east
line of 5th Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of
Deeds, page 126, and said line there terminating.
And also the west 6.82 feet of the east 39.82 feet of the Southeast Quarter of the Northeast
Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, over that part of
(TRACT A) as described below.
(TRACT A)
That part of the Southeast Quarter of the Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Principal Meridian, Hennepin County, Minnesota, described as
follows: Beginning at a point on the East line of said Southeast Quarter of Northeast Quarter
distant 150 feet North of the Southeast corner thereof; thence North along said East Line 100 feet
more or less to a point distant 1063.63 feet South of the Northeast corner of said Southeast
Quarter of Northeast Quarter; thence West parallel with the South line of said Southeast Quarter
of Northeast Quarter a distance of 562.4 feet more or less to a point on the East line of Lot 21,
"Ralph Milner's Addition" distant 10 feet east of the Northeast corner of Lot 12, said Addition;
thence South along the east line of said Lot 21 and the extension thereof a distance of 249.65 feet
more or less to the South line of said Southeast Quarter of Northeast Quarter; thence East along
the South line of said Southeast Quarter of Northeast Quarter a distance of 404.4 feet more or
less to a point 158 feet West of the Southeast corner of said Southeast Quarter of Northeast
Quarter; thence North parallel with the East line of said Southeast Quarter of Northeast Quarter a
distance of 150 feet; thence East parallel with the South line of said Southeast Quarter of
Northeast Quarter a distance of 158 feet to the point of beginning, EXCEPT that part of the
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Beginning at the Southeast corner of Lot 21, "Ralph Milner's Addition
which point is 50 feet North of the South line of said Southeast Quarter of Northeast Quarter of
said section; thence North along the East line of said Lot 21, a distance of 199.65 feet to a point
249.65 feet North of the South line of said Southeast Quarter of Northeast Quarter of said
Section; thence East 200.4 feet to a point on the West line of 5th Avenue South as deeded to the
306957vl CAR RC145-570
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EXHIBIT B
(continued)
Village of Richfield by deed recorded in Book 2028 of Deeds, page 126, and which point is 250
feet North of the South line of said Southeast Quarter of Northeast Quarter; thence South along
the West line of said 5th Avenue South 200 feet to a point 50 feet North of the South line of said
Southeast Quarter of Northeast Quarter; thence West parallel with South line 200.4 feet to the
point of beginning, and EXCEPT That part of The Southeast Quarter of the Northeast Quarter of
Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
comer of Lot 21, "Ralph Milner's Addition" which point is 50 feet North of the South line of
said Southeast Quarter of the Northeast Quarter of said Section; thence East parallel with and 17
feet North of the North line of 66th Street as now laid out 200.4 feet to the West line of 5th
Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds,
page 126; thence South along said West line 17 feet to the North line of 66th Street as now laid
out; thence West along said North line 200.4 feet to a point 17 feet South of the point of
beginning; thence North to the point of beginning. Subject to 66th Street East and Portland
Avenue South.
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EXHIBIT C
Legal Description of Trust Remainder Property
(TRACT A)
That part of the Southeast Quarter ofthe Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Plincipal Meridian, Hennepin County, Minnesota, described as
follows: Beginning at a point on the East line of said Southeast Quarter of Northeast Quarter
distant 150 feet North of the Southeast corner thereof; thence North along said East Line 100 feet
more or less to a point distant 1063.63 feet South of the Northeast corner of said Southeast
Quarter of Northeast Quarter; thence West parallel with the South line of said Southeast Quarter
of Northeast Quarter a distance of 562.4 feet more or less to a point on the East line of Lot 21,
"Ralph Milner's Addition" distant 10 feet east of the Northeast corner of Lot 12, said Addition;
thence South along the east line of said Lot 21 and the extension thereof a distance of249.65 feet
more or less to the South line of said Southeast Quarter of Northeast Quarter; thence East along
the South line of said Southeast Quarter of Northeast Quarter a distance of 404.4 feet more or
less to a point 158 feet West of the Southeast corner of said Southeast Quarter of Northeast
Quarter; thence North parallel with the East line of said Southeast Quarter of Northeast Quarter a
distance of 150 feet; thence East parallel with the South line of said Southeast Quarter of
Northeast Quarter a distance of 158 feet to the point of beginning, EXCEPT that part of the
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Beginning at the Southeast corner of Lot 21, "Ralph Milner's Addition
which point is 50 feet North of the South line of said Southeast Quarter of Northeast Quarter of
said section; thence North along the East line of said Lot 21, a distance of 199.65 feet to a point
249.65 feet North of the South line of said Southeast Quarter of Northeast Quarter of said
Section; thence East 200.4 feet to a point on the West line of 5th Avenue South as deeded to the
Village of Richfield by deed recorded in Book 2028 of Deeds, page 126, and which point is 250
feet North of the South line of said Southeast Quarter of Northeast Quarter; thence South along
the West line of said 5th Avenue South 200 feet to a point 50 feet North of the South line of said
Southeast Quarter of Northeast Quarter; thence West parallel with South line 200.4 feet to the
point of beginning, and EXCEPT That part of The Southeast Quarter of the Northeast Quarter of
Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
corner of Lot 21, "Ralph Milner's Addition" which point is 50 feet North of the South line of
said Southeast Quarter of the Northeast Quarter of said Section; thence East parallel with and 17
feet North of the North line of 66th Street as now laid out 200.4 feet to the West line of 5th
Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds,
page 126; thence South along said West line 17 feet to the North line of 66th Street as now laid
out; thence West along said North line 200.4 feet to a point 17 feet South of the point of
beginning; thence North to the point of beginning. Subject to 66th Street East and Portland
A venue South.
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EXHIBIT C
(continued)
Except that part of (TRACT A) as described above, which lies northerly of the southerly 33.00
feet thereof and which lies southerly of the following described line: Commencing at a point on
the south line of the Southeast Quarter of the Northeast Quarter of Section 27, Township 28,
Range 24, Hennepin County, Minnesota, and a line drawn parallel with and distant 136.63 west
of the east line of said Southeast Quarter of the Northwest Quarter; thence North 00 degrees 16
minutes 35 seconds East, assumed bearing along said line drawn parallel with and distant 136.63
feet west of said east line, to its intersection with a line drawn parallel with and distant 52.13 feet
north of said south line; thence southwesterly, 167.51 feet, along a non-tangential curve, concave
to the northwest, having a radius of 1488.00 feet, and a central angle of 06 degrees 27 minutes 00
seconds, the chord of said curve bears South 84 degrees 48 minutes 01 seconds West, to the east
line of 5th Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of
Deeds, page 126, and said line there terminating.
And also except the west 6.82 feet of the east 39.82 feet of the Southeast Quarter of the Northeast
Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, over that part of
(TRACT A) as described above.
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EXHmIT D
Legal Description of the Temporary Easements
That part of (TRACT A) as described below, which lies northerly ofthe following described line
1, and southerly of the following described line 2:
Line 1: Commencing at the intersection of the south line of the Southeast Quarter of the
Northeast Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, and a
line drawn parallel with and distant 13 6.63 west of the east line of said Southeast Quarter of the
Northwest Quarter; thence North 00 degrees 16 minutes 35 seconds East, assumed bearing along
said line drawn parallel with and distant 136.63 feet west of said east line, to its intersection with
a line drawn parallel with and distant 52.13 feet north of said south line; thence southwesterly,
167.51 feet, along a non-tangential curve, concave to the northwest, having a radius of 1488.00
feet, and a central angle of 06 degrees 27 minutes 00 seconds, the chord of said curve bears South
84 degrees 48 minutes 01 seconds West, to the east line of 5th Avenue South as deeded to the
Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, and said line 1 there
terminating.
.
Line 2: Commencing at the intersection of said south line, and a line drawn parallel with and
distant 158.00 west of said east line; thence North 00 degrees 16 minutes 35 seconds East,
assumed bearing along said line drawn parallel with and distant 158.00 feet west of said east line,
62.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 109.25 feet; thence North 67
degrees 20 minutes 04 seconds west, 38.41 feet, to said east line of 5th Avenue South as deeded
to the Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, and said line 2
there tenninating.
And also the west 15.00 feet of the east 54.82 feet of the Southeast Quarter of the Northeast Quarter
of Section 27, Township 28, Range 24, Hennepin County, Minnesota, over that part of (TRACT A)
as described below.
.
(TRACT A)
That part of the Southeast Quarter ofthe Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Principal Meridian, Hennepin County, Minnesota, described as
follows: Beginning at a point on the East line of said Southeast Quarter of Northeast Quarter
distant 150 feet North of the Southeast comer thereof; thence North along said East Line 100 feet
more or less to a point distant 1063.63 feet South of the Northeast comer of said Southeast
Quarter of Northeast Quarter; thence West parallel with the South line of said Southeast Quarter
of Northeast Quarter a distance of 562.4 feet more or less to a point on the East line of Lot 21,
"Ralph Milner's Addition" distant 10 feet east of the Northeast comer of Lot 12, said Addition;
thence South along the east line of said Lot 21 and the extension thereof a distance of 249.65 feet
more or less to the South line of said Southeast Quarter of Northeast Quarter; thence East along
the South line of said Southeast Quarter of Northeast Quarter a distance of 404.4 feet more or
less to a point 158 feet West of the Southeast comer of said Southeast Quarter of Northeast
Quarter; thence North parallel with the East line of said Southeast Quarter of Northeast Quarter a
306957vl CAH RC145-570
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EXHIBIT D
(continued)
distance of 150 feet; thence East parallel with the South line of said Southeast Quarter of
Northeast Quarter a distance of 158 feet to the point of beginning, EXCEPT that part of the
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Beginning at the Southeast comer of Lot 21, "Ralph Milner's Addition
which point is 50 feet North of the South line of said Southeast Quarter of Northeast Quarter of
said section; thence North along the East line of said Lot 21, a distance of 199.65 feet to a point
249.65 feet North of the South line of said Southeast Quarter of Northeast Quarter of said
Section; thence East 200.4 feet to a point on the West line of 5th Avenue South as deeded to the
Village of Richfield by deed recorded in Book 2028 of Deeds, page 126, and which point is 250
feet North of the South line of said Southeast Quarter of Northeast Quarter; thence South along
the West line of said 5th Avenue South 200 feet to a point 50 feet North of the South line of said
Southeast Quarter of Northeast Quarter; thence West parallel with South line 200.4 feet to the
point of beginning, and EXCEPT That part of The Southeast Quarter of the Northeast Quarter of
Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
comer of Lot 21, "Ralph Milner's Addition" which point is 50 feet North of the South line of
said Southeast Quarter of the Northeast Quarter of said Section; thence East parallel with and 17
feet North of the North line of 66th Street as now laid out 200.4 feet to the West line of 5th
Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds,
page 126; thence South along said West line 17 feet to the North line of 66th Street as now laid
out; thence West along said North line 200.4 feet to a point 17 feet South of the point of
beginning; thence North to the point of beginning. Subject to 66th Street East and Portland
Avenue South.
306957vl CAH RC145-570
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EXHmIT E
Legal Description of Holding Property
That part of the South 150 feet of the East 158 feet of the Southeast Quarter of the Northeast
Quarter of Section 27, Township 28, Range 24, according to the United States Government
Survey thereof and situate in Hennepin County, Minnesota, which lies northerly and westerly of
the following described line: Beginning at the intersection of a line drawn parallel with and
distant 39.82 feet west of the east line of said Southeast Quarter of the Northeast Quarter, and a
line drawn parallel with and distant 150.00 feet north of the south line of said Southeast Quarter
of the Northeast Quarter; thence South 00 degrees 16 minutes 35 seconds West, assumed bearing
along said line drawn parallel with and distant 39.82 feet west of said east line, to its intersection
with a line drawn parallel with and distant 116.68 feet north of the said south line; thence South
89 degrees 28 minutes 00 seconds West, along said line drawn parallel with and distant 116.68
feet north of said south line, to its intersection with a line drawn parallel with and distant 119.05
west of said east line; thence South 00 degrees 16 minutes 35 seconds West, along said line
drawn parallel with and distant 119.05 west of said east line, to its intersection with a line drawn
parallel with and distant 104.93 feet north of said south line; thence South 89 degrees 28 minutes
00 seconds West, along said line drawn parallel with and distant 104.93 feet north of said south
line, to its intersection with a line drawn parallel with and distant 136.63 feet west of said east
line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with
and distant 136.63 feet west of said east line, to its intersection with a line drawn parallel with
and distant 52.13 feet north of said south line; thence southwesterly, 22.56 feet, along a non-
tangential curve concave to the northwest, having a radius of 1488.00 feet, and a central angle of
00 degrees 52 minutes 07 seconds, the chord of said curve bears South 82 degrees 00 minutes 24
seconds West, to its intersection with a line drawn parallel with and distant 158.00 feet west of
said east line, and said line there terminating.
306957vl CAH RC145-570
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EXHmIT F
Legal Description of the New Trust Property
That part of the Southeast Quarter of the Northeast Quarter of Section 27, Township 28, Range
24, Hennepin County, Minnesota, described as follows: Commencing at the southeast comer of
said Southeast Quarter of the Northeast Quarter; thence North 00 degrees 16 minutes 35 seconds
East, assumed bearing along the east line of said Southeast Quarter of the Northeast Quarter to a
point distant 1063.63 feet south ofthe northeast comer of said Southeast Quarter of the Northeast
Quarter; thence South 89 degrees 28 minutes 00 seconds West, parallel with the south line of
said Southeast Quarter of Northeast Quarter, to the east line of 5th A venue South as deeded to
the Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, and its northerly
extension thereof, to the point of beginning; thence returning North 89 degrees 28 minutes 00
seconds East, along said line drawn parallel with the south line, to its intersection with a line
drawn parallel with and distant 39.82 feet west of said east line; thence South 00 degrees 16
minutes 35 seconds West, along said line drawn parallel with and distant 39.82 west of said east
line, to its intersection with a line drawn parallel with and distant 116.68 feet north of said south
line of the Southeast Quarter of the Northeast Quarter; thence South 89 degrees 28 minutes 00
seconds West, along said line drawn parallel with and distant 116.68 feet north of said south line,
to its intersection with a line drawn parallel with and distant 119.05 feet west of said east line;
thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and
distant 119.05 feet west of said east line, to its intersection with a line drawn parallel with and
distant 104.93 feet north of said south line; thence South 89 degrees 28 minutes 00 seconds
West, along said line drawn parallel with and distant 104.93 north of said south line, to its
intersection with a line drawn parallel with and distant 136.63 feet west of said east line, to its
intersection with a line drawn parallel with and distant 52.13 feet north of said south line; thence
southwesterly, 167.51 feet, along a non-tangential curve, concave to the northwest, having a
radius of 1488.00 feet, and a central angle of 06 degrees 27 minutes 00 seconds, the chord of said
curve bears South 84 degrees 48 minutes 01 seconds West, to said east line of 5th Avenue South
as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126; thence
north along said east line of 5th Avenue South as deeded to the Village of Richfield by Deed
recorded in Book 2028 of Deeds, page 126, to the point of beginning.
306957vl CAR RC145-570
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EXHIBIT G
Restoration of Temporary Easement Areas
Restoration of the south temporary easement area adjacent to 66th Street will involve the
installation of sod and landscaping (including trees) between the new sidewalk and existing
sidewalk in front of the building which will remain.
Restoration ofthe northeast temporary easement adjacent to Portland Avenue will involve
the replacement of any asphalt that is removed for curb installation, sodding the area between the
new parking curb and the bus shelter/sidewalk and landscaping (including at least one tree).
City's consulting engineer will consult with Property Owner as to species and placement
of landscaping plants.
306957vl CAR RC145-570
G-l
(o-~ ()~
EXHIBIT H
Construction Area Sketch
306957vl CAH RC145-570
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EXHmIT I
Form of Temporary Easement Instrument
THIS EASEMENT AGREEMENT is made as of , 2007 by and between
Roger A. Wahldick, as Trustee of the Roger A. Wahldick Trust Agreement dated August 10,
1999 ("Owner"), Grantor, and City of Richfield, a Minnesota municipal corporation ("City"),
Grantee.
WHEREAS, Owner is the fee owner of the tract of land (the "Property') in the County of
Hennepin, State of Minnesota, described on the attached Exhibit One.
NOW, THEREFORE, for good and valuable consideration, receipt of which is
acknowledged, Owner grants the easement described herein according to the terms and
conditions set forth below:
1. Grant of Easement. Owner grants and conveys to the Grantee a temporary
construction easement over and across that part of the Property as described on the attached
Exhibit Two (the "Easement Area").
2. Scope of Easement. The temporary construction easement granted herein includes
the right of the Grantee, their contractors, agents, and employees to enter upon the Easement
Area at all reasonable times to use the Easement Area as a work area, including the right to
move, store and remove equipment and supplies, to erect and remove temporary structures, to
perform grading, sloping, and site restoration, to cut, trim, or remove therefrom trees, shrubs, or
other vegetation from the Easement Area, to deposit earthen materials upon the Easement Area
and to perform anl other work necessary and incident to the construction of improvements to the
intersection of (j6 Street East and Portland Avenue South, City of Richfield Project No. 41450.
3. Duration of Easement. The Easement granted in paragraph 1 of this instrument
shall commence on January 1, 2008 and shall expire on December 31, 2008 or upon such later
date as extended pursuant to paragraph 4 of this Agreement.
4. Extensions. City has the option to extend the term of this temporary easement for
two periods of six months each (First Extension Term and Second Extension Term respectively),
in accordance with this paragraph. The options must be exercised by written notice from City
delivered to Owner not less than thirty days prior to the expiration of the term of this easement,
with respect to the First Extension Term and not less than thirty days before expiration of the
First Extension Term, if exercised, with respect to the Second Extension Term. The City agrees
to pay Owner $ 1.00 upon each exercise of an option to extend. All of the terms and
provisions of this easement remain in full force and effect during and until the expiration of the
extended easement term.
Dated:
306957vl CAH RC145-570
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J O'"~;L "S
[Signature Page for Owner]
ROGER A. W AHLDICK, AS TRUSTEE OF THE
ROGER A. W AHLDICK TRUST AGREEMENT
DATED AUGUST 10, 1999
By
Its
STATE OF MINNESOTA
} sS.:
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
,2007 by Roger A. Wahldick, as Trustee of the Roger A. Wahldick Trust
Agreement dated August 10, 1999.
Notary Public
306957vl CAB RC145-570
1-2
fO .'. JCo
[Signature Page for City]
CITY OF RlCHFIELD
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA
} sS.:
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
, 2007 by Debbie Goettel and Steven L. Devich, the mayor and city
manager, respectively, of the City of Richfield, a Minnesota municipal corporation, by and on
behalf of said corporation.
Notary Public
306957vl CAH RC145-570
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EXHIBIT ONE
Legal Description of Property
That part of the Southeast Quarter of the Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Principal Meridian, desclibed as follows: Beginning at a point on the
East line of said Southeast Quarter of Northeast Quarter distant 150 feet North of the Southeast
corner thereof; thence North along said East line 100 feet more or less to a point distant 1063.63
feet South of the Northeast corner of said Southeast Quarter of Northeast Quarter; thence West
parallel with the South line of said Southeast Quarter of Northeast Quarter a distance of 562.4
feet more or less to a point on the East line of Lot 21, "Ralph Milner's Addition" distant 10 feet
East ofthe Northeast comer of Lot 12, said Addition; thence South along the East line of said Lot
21 and the extension thereof a distance of 249.65 feet more or less to the South line of said
Southeast Quarter of Northeast Quarter; thence East along the South line of said Southeast
Quarter of Northeast Quarter a distance of 404.4 feet more or less to a point 158 feet West of the
Southeast corner of said Southeast Quarter of Northeast Quarter; thence North parallel with the
East line of said Southeast Quarter of Northeast Quarter a distance of 150 feet; thence East
parallel with the South line of said Southeast Quarter of Northeast Quarter a distance of 158 feet
to the point of beginning, EXCEPT That part of the Southeast Quarter of the Northeast Quarter
of Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
corner of Lot 21, "Ralph Milner's Addition" which point is 50 feet North of the South line of
said Southeast Quarter of Northeast Quarter of said section; thence North along the East line of
said Lot 21, a distance of 199.65 feet to a point 249.65 feet North of the South line of said
Southeast Quarter of Northeast Quarter of said Section; thence East 200.4 feet to a point on the
West line of 5th Avenue South as deeded to the Village of Richfield by deed recorded in Book
2028 of Deeds, page 126, and which point is 250 feet North of the South line of said Southeast
Quarter of Northeast Quarter; thence South along the West line of said 5th Avenue South 200 feet
to a point 50 feet North of the South line of said Southeast Quarter of Northeast Quarter; thence
West parallel with South line 200.4 feet to the point of beginning, and EXCEPT That part of the
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Begimting at the Southeast comer of Lot 21, "Ralph Milner's Addition"
which point is 50 feet North of the South line of said Southeast Quarter of the Northeast Quarter
of said Section; thence East parallel with and 17 feet North of the North line of 66th Street as now
laid out 200.4 feet to the West line of 5th Avenue South as deeded to the Village of Richfield by
Deed recorded in Book 2028 of Deeds, page 126; thence South along said West line 17 feet to
the North line of 66th Street as now laid out; thence West along said North line 200.4 feet to a
point 17 feet South of the point of beginning; thence North to the point ofbegimling.
306957vI CAH RCI45-570
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EXHIBIT TWO
Legal Description of Easement Area
That part of (TRACT A) as described below, which lies northerly of the following described line
1, and southerly of the following described line 2:
Line 1: Commencing at the intersection of the south line of the Southeast Quarter of the
Northeast Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, and a
line drawn parallel with and distant 136.63 west of the east line of said Southeast Quarter of the
Northwest Quarter; thence North 00 degrees 16 minutes 35 seconds East, assumed bearing along
said line drawn parallel with and distant 136.63 feet west of said east line, to its intersection with
a line drawn parallel with and distant 52.13 feet north of said south line; thence southwesterly,
167.51 feet, along a non-tangential curve, concave to the northwest, having a radius of 1488.00
feet, and a central angle of 06 degrees 27 minutes 00 seconds, the chord of said curve bears South
84 degrees 48 minutes 01 seconds West, to the east line of 5th Avenue South as deeded to the
Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, and said line 1 there
terminating.
Line 2: Commencing at the intersection of said south line, and a line drawn parallel with and
distant 158.00 west of said east line; thence North 00 degrees 16 minutes 35 seconds East,
assumed bearing along said line drawn parallel with and distant 158.00 feet west of said east line,
62.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 109.25 feet; thence North 67
degrees 20 minutes 04 seconds west, 38.41 feet, to said east line of 5th Avenue South as deeded
to the Village of Richfield by Deed recorded in Book 2028 of Deeds, page 126, and said line 2
there terminating.
And also the west 15.00 feet of the east 54.82 feet of the Southeast Quarter of the Northeast
Quarter of Section 27, Township 28, Range 24, Hennepin County, Minnesota, over that part of
(TRACT A) as described below.
(TRACT A)
That part of the Southeast Quarter of the Northeast Quarter Section 27, Township 28, North
Range 24, West of the 4th Principal Meridian, Hennepin County, Minnesota, described as
follows: Beginning at a point on the East line of said Southeast Quarter of Northeast Quarter
distant 150 feet North of the Southeast comer thereof; thence North along said East Line 100 feet
more or less to a point distant 1063.63 feet South of the Northeast comer of said Southeast
Quarter of Northeast Quarter; thence West parallel with the South line of said Southeast Quarter
of Northeast Quarter a distance of 562.4 feet more or less to a point on the East line of Lot 21,
"Ralph Milner's Addition" distant 10 feet east of the Northeast comer of Lot 12, said Addition;
thence South along the east line of said Lot 21 and the extension thereof a distance of 249.65 feet
more or less to the South line of said Southeast Quarter of Northeast Quarter; thence East along
the South line of said Southeast Quarter of Northeast Quarter a distance of 404.4 feet more or
less to a point 158 feet West of the Southeast comer of said Southeast Quarter of Northeast
Quarter; thence North parallel with the East line of said Southeast Quarter of Northeast Quarter a
distance of 150 feet; thence East parallel with the South line of said Southeast Quarter of
306957vl CAH RC145-570
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EXHIBIT TWO
(continued)
Northeast Quarter a distance of 158 feet to the point of beginning, EXCEPT that part of the
Southeast Quarter of the Northeast Quarter of Section 27, Township 28, North Range 24,
described as follows: Beginning at the Southeast corner of Lot 21, "Ralph Milner's Addition
which point is 50 feet North of the South line of said Southeast Quarter of Northeast Quarter of
said section; thence North along the East line of said Lot 21, a distance of 199.65 feet to a point
249.65 feet North of the South line of said Southeast Quarter of Northeast Quarter of said
Section; thence East 200.4 feet to a point on the West line of 5th Avenue South as deeded to the
Village of Richfield by deed recorded in Book 2028 of Deeds, page 126, and which point is 250
feet North of the South line of said Southeast Quarter of Northeast Quarter; thence South along
the West line of said 5th Avenue South 200 feet to a point 50 feet North of the South line of said
Southeast Quarter of Northeast Quarter; thence West parallel with South line 200.4 feet to the
point of beginning, and EXCEPT That part of The Southeast Quarter of the Northeast Quarter of
Section 27, Township 28, North Range 24, described as follows: Beginning at the Southeast
corner of Lot 21, "Ralph Milner's Addition" which point is 50 feet North of the South line of
said Southeast Quarter of the Northeast Quarter of said Section; thence East parallel with and 17
feet North of the North line of 66th Street as now laid out 200.4 feet to the West line of 5th
Avenue South as deeded to the Village of Richfield by Deed recorded in Book 2028 of Deeds,
page 126; thence South along said West line 17 feet to the North line of 66th Street as now laid
out; thence West along said North line 200.4 feet to a point 17 feet South of the point of
beginning; thence North to the point of beginning. Subject to 66th Street East and Portland
Avenue South.
306957vl CAH RC145-570
1-6
306957vl CAR RC145-570
EXHIBIT J
Sketch Showing Locations of Properties and Easements
J-1
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
Resolutions
11
239
STAFF REpORT
CITY COUNCIL MEETING
SEPTEMBER 11, 2007
REPORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TrTLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ut../.... .~..fr"" 9-/. '
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I
ITEM FOR COUNCIL CONSIDERATION:
Consideration of 2007 Revised/2008 Proposed Budget resolutions adopting 2008 preliminary
property tax levy, setting truth in taxation hearing dates, authorizing budget revisions,
authorizing revision of 2007 budget of various departments, and authorizing use of Public
Employees Retirement Association Police and Fire Fund refund interest earnings for police
and fire expenditures.
1.
RECOMMENDED ACTION:
By motion: Adopt the resolutions establishing the 2008 preliminary
property tax levy and proposed dates for Truth in Taxation hearings,
authorizing budget revisions, authorizing revision of 2007 budget of
various departments, and authorizing the use of Public Employees
Retirement Association Police and Fire Fund refund interest earnings
for Police and Fire expenditures.
I II.
BACKGROUND I
On August 16, 2007, a Special City Council meeting was held for the purpose of
presenting and discussing the 2007 Revised/2008 Proposed Budget and 2008
preliminary property tax levy.
Consequently, as a result of this meeting, the City of Richfield's preliminary gross
tax levy is currently set at $13,000,168, which includes a levy for general fund
operations of $11 ,813,728, an equipment levy of $548,340, and a debt service levy
of $638,100. This levy amount represents an 8.40% increase from the 2007 gross
0911 Budget
.
levy. The general fund and equipment levy represent a 3.08% increase from the
2007 levy, while the first year debt levy is a 5.32% over the prior years levy.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Charter establishes that at a special budget meeting of the
Council on or before September 15, the City Manager must submit to
the Council a proposed budget and a budget message in the form and
containing the information specified in Section 7.06. This closely
follows the Truth in Taxation Statute, which in the past overrode the
Charter process for budget adoption.
. Consequently, as required by the Truth in Taxation legislation (MS
275.065) each "taxing authority" must certify its proposed property tax
levy for payable year 2008 to the County Auditor on or before
September 15,2007. "Taxing authority" includes all counties, all
school districts, all cities regardless of population, all towns and all
special taxing districts. No local units of government are exempted
from this requirement.
. In addition, each "taxing authority" with a population of 500 or more,
must certify to their County Auditor the dates that have been selected
for the Truth in Taxation hearings by September 15, 2007. The date
for this hearing must not conflict with the hearing dates of the county
or of the school district in which the "taxing authority" is located. This
Truth in Taxation public hearing must be held between November 29
and December 20,2007.
.
I B. CRITICAL ISSUES I
. Along with the 2007 Revised/2008 Proposed budget and preliminary
property tax levy, City staff is also recommending dates for this year's
Truth in Taxation public hearings. It is recommended that this year's
hearings be set for 7:00 p.m. Monday, December 3,2007 with a
continuation date of 7:00 p.m. Monday, December 10,2007. As
Council Members are aware, at these public hearings, the tax levy
may be reduced from the preliminary tax levy, but not increased.
. All official action concerning the preliminary tax levy and setting dates
for the Truth in Taxation hearings must be concluded before
September 15, 2007.
FINANCIAL I
. The preliminary gross levy for taxes payable 2007 is $13,000,168.
. The City's tax capacity rate will reflect a 5.87% increase from 35.752%
in 2007 to 37.852% in 2008.
. A final resolution for consideration authorizes the revision of the 2007
budget to conform to the most recent 2007 revenue and expenditure
projections.
I c.
.
.
.
ID.
LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
· The City Council could adopt a lesser 2008 preliminary property tax levy, or
2007 Revised/2008 Proposed budget or select other allowable Truth in
Taxation hearing dates.
I V. ATTACHMENTS I
· Resolution Adopting a Proposed Budget and Tax Levy for the Year 2008
· Resolution Authorizing Budget Revisions
· Resolution Authorizing Revision of 2007 Budget of Various Departments
· Resolution Authorizing Use of Public Employees Retirement Association
Police and Fire Fund Refund Interest Earnings for Police and Fire
Expenditures for 2007 Revised and 2008 Proposed Budget
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
l{--l
RESOLUTION NO.
RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY
FOR THE YEAR 2008
WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to
be certified to the County Auditor by September 15,2007 and then recertified before
December 31,2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. The budget for the City of Richfield for the year 2008 is hereby approved and
adopted with appropriations for each of the departments to be as follows:
General Fund
Leg islative/Executive
Administrative Services
Public Safety
Fire Services
Community Development
Public Works
Recreation Services
Transfers
TOTAL GENERAL FUND
$ 843,990
1 , 144,91 0
8,077,080
2,979,160
281,530
3,997,020
1,640,860
46,240
$19,010,790
2. The estimated gross revenue of the City of Richfield from all sources, including
general ad valorem tax levies as hereinafter set forth for the year 2008 which are
more fully detailed in the City Manager's official copy of the 2008 budget, are
hereby found and determined to be as follows:
TOTAL GENERAL FUND $19,010,790
3. There is hereby levied upon all taxable property in the City of Richfield a direct
ad valorem tax in the year 2007, payable in 2008 for the following purposes and
in the following amounts:
PURPOSE
General Fund1
Equipment
G.O. Improvement. Bonds, Series 2007 A
G.O. Improvement Bonds, Series 2007B
AMOUNT
$11,813,7282
548,340
373,400
264,700
1 Provision has been made in the General Fund for the payment of the City's
contributory share to Public Employees' Retirement Association.
2 General Fund Levy includes all fiscal disparities distribution amounts.
4. The budget for the Housing and Redevelopment Authority of Richfield for the
year 2008 is hereby ratified and approved. There is hereby levied upon all
.
I {/b-
taxable property in the City of Richfield a direct ad valorem tax in the year 2007,
payable in 2008 for the following purposes:
PURPOSE
AMOUNT
Housing and Redevelopment Authority
$474,675
5. A certified copy of this resolution shall be transmitted to the County Auditor.
6. The Truth in Taxation public hearings shall be set for 7:00 p.m. December 3,
2007 with a continuation hearing at 7:00 p.m. December 10,2007 if necessary.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
September 2007.
Debbie Goettel, Mayor
ATTEST:
. Nancy Gibbs, City Clerk
.
.
.
.
"1(,<7;
RESOLUTION NO.
RESOLUTION AUTHORIZING BUDGET REVISIONS
WHEREAS, the City Charter and Minnesota Statutes provide for a process for
adopting an annual budget and tax levy; and
WHEREAS, the City Charter provides certain authority for the City Manager and/or
City Council to revise the annual budget; and
WHEREAS, it would be beneficial to restate such authority with the adoption of the
budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. The City Manager may increase the budget by City Council action provided that
unbudgeted receipts will be available to equal or exceed the increased expenditures.
2. The City Manager may authorize transfers between divisions within a department
providing the transfers do not increase or decrease the department or total budget.
3. The City Manager may transfer budgeted amounts between departments only with the
approval of the City Council.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
September, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
l( -L\
RESOLUTION NO.
RESOLUTION AUTHORIZING REVISION OF 2007 BUDGET OF VARIOUS
DEPARTMENTS
WHEREAS, Resolution No. 9866 appropriated funds for personal services, other
expenses and capital outlays for each department of the City for the year of 2007; and
WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority
to transfer unencumbered appropriation balances from one department to another within
the same fund at the request of the City Manager; and
WHEREAS, The City Manager has requested a revision of the 2007 budget
appropriations in accordance with Charter provisions and as detailed in the Proposed 2008
budget document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. That the 2007 appropriations for each department of the General Fund be
amended to establish the following totals:
General Fund
Leg islative/Executive
Administrative Services
Public Safety
Fire Services
Community Development
Public Works
Recreation Services
Transfers
TOTAL GENERAL FUND
INCREASE
$ 838,930
1,106,170
7,667,810
2,800,260
269,620
3,863,610
1,573,790
758,230
18,878,420
$ 814,010
2. Estimated 2007 gross revenue of the City of Richfield from all sources, as the
same are more fully detailed in the City Manager's official copy of the proposed
2008 budget, are hereby revised as follows:
INCREASE
$814,010
3. That the City Manager and the Finance Manager bring into effect the provisions
of this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
September 2007.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
.
.
.
I( .- cj
RESOLUTION NO.
RESOLUTION AUTHORIZING USE OF PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION POLICE AND FIRE FUND REFUND INTEREST EARNINGS FOR
CERTAIN POLICE AND FIRE EXPENDITURES
WHEREAS, the City of Richfield received a refund of overfunded residual assets
from the closed Public Employees Retirement Association (PERA) Police and Fire Fund;
and
WHEREAS, the City adopted a plan where only interest earnings on the principal of
the residual assets are to be used for eligible expenditures; and
WHEREAS, all eligible expenditures be restricted to Police and Fire expenditures;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. Revised 2007/Proposed 2008 Police and Fire Expenditures using PERA funds
General Fund Operatinq Expenditures
Police and Fire
2007R
394,400
2008
443,250
Adopted by the City Council of the City of Richfield, Minnesota this 11 th day of
September 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk