03-25-08 agenda
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CITY OF RICHFIELD, MINNESOTA
TUESDA V, MARCH 25, 2008
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SPECIAL CITY COUNCIL MEETING
CITY HALL EXECUTIVE CONFERENCE ROOM
6700 PORTLAND AVENUE
5:30 P.M.
AGENDA
Call to order
1. Interview of persons interested in serving on City's advisory commissions (Council
Memo No. 50)
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 - 6:35 p.m.
1. Discussion regarding proposed new City Hall/Police/Fire facility
Notes:
6:35 - 6,:50 p.m. _
2. Discussion wit!1 LaSalle Group regarding Richfield Inn status (Council Memo No. 51)
Notes:
Adjournment
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REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
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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 Regular City Council Meeting of March 11, 2008
PRESENTATIONS
1. Recognition of Richfield Centennial babies
2. Presentation regarding proposed new City Hall/Police/Fire facility
COUNCIL DISCUSSION
. 3. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
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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 first reading of ordinance amending Zoning Code
Subsections 522.05,534.03,537.05,537.11,544.03,547.13 and 547.15 to correct
obsolete ,references and one incorrect reference related to procedural requirements
for processing interim use permit applications and scheduling second reading for
April 8,2008 S.R. No. 73
B. Consideration of approval of resolution modifying Health Care Savings Plan for
International Union of Operating Engineers, Local 49 employees S.R. NO.7 4
C. Consideration of approval of resolution endorsing Richfield 2008 Centennial Time
Capsule Project undertaken by Richfield Historical Society S.R. No. 75
D. Consideration of approval of resolution granting subdivision waiver to allow division
of 7513 Fremont Avenue into two single-family lots S.R. No. 76
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E. Consideration of approval of resolution authorizing Richfield Public Safety/Police to
accept $50 donation from Residential Mortgage Group, Inc. given in name of
Richfield resident Paul Carlsted S.R. No. 77
F. Consideration of approval of resolution accepting $40,125 grant from Cornerstone
Group to fund first year of Prairie Restoration Project at Wood Lake Nature Center
and approving contract with Prairie Restorations S.R. No. 78
G. Consideration of approval of purchase of tandem dump truck consisting of chassis
from Astleford International Trucks in amount of $77,922.86; box and hydraulics
from Midland Equipment Company in amount of $39,902.93; and front, wing plows
and sander from J-Craft by TBEI in amount of $27,779.46 for total amount of
$145,605.25 S'R. No. 79
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
. PUBLIC HEARING
7. Public hearing and second reading of transitory ordinance authorizing construction of
storm sewer lift station in Augsburg Park and resolution authorizing summary
publication of ordinance
Notes:
Staff Report No. 80
RESOLUTIONS
8. Consideration of resolution modifying establishment of Richfield Transportation
Commission
Notes:
Staff Report No. 81
9. Consideration of resolution authorizing and directing use of power of eminent domain
as necessary to acquire certain lands, easements and other rights and interests for
purpose of reconstruction of Lyndale Avenue bridge over 1-494 and authorizing staff
to make settlement offers for purchase of partial right-of-way takings located at 700-
1150 West 78th Street, 7745 Lyndale Avenue, 400 West 78th Street and 500 West
78th Street
Notes:
Staff Report No. 82
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OTHER BUSINESS
10. Consideration of appointment(s) to City advisory commissions
Staff Report No. 83
Notes:
CITY MANAGER'S REPORT
11. City Manager's report
. Joint City Council and Richfield School Board meeting
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 f;ouncil 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 City Manager annual performance evaluation
14. Reconvene Regular City Council Meeting in Council Chambers
RESOLUTION
15. Summary report of City Manager's annual performance evaluation and consideration
of resolution adjusting City Manager compensation for 2008
Staff Report No. 84
Notes:
16. Adjournment of Regular City Council Meeting
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
73
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
INTERIM DEPARTMENT
DIRECTOR REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading of an ordinance amending various sections of the Zoning Code to correct
obsolete references and one incorrect reference related to the procedural requirements for
processinQ interim use permit applications.
1. RECOMMENDED ACTION:
By Motion: Approve a first reading of an ordinance amending
subsections 522.05,534.03,537.05,537.11,544.03,547.13 and 547.15
of the Richfield City Code and schedule a second reading for April 8,
2008.
I II. BACKGROUND I
On November 13, 2007 the City Council approved a second reading of new ordinances
related to zoning throughout the City. As staff has begun to use the new code,
incorrect references have been noted. These incorrect references are the result of
countless revisions during the preparation of the new code.
The only proposed amendment of consequence is within the administration section and
is in regards to interim use permits. Currently the procedural requirements for interim
use permits are to follow the same requirements in place for zoning amendments.
These requirements detail a process that requires a first and second reading and a
032508 - 1 st Reading Zoning Ord reference corrections
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delayed effective date. These requirements are onerous and unnecessary in cases of
interim use permits. The section regarding interim use permit procedures was intended
to reference the procedural requirements of conditional use permits. Conditional use
permits require a public hearing, published notice and direct mailed notice to property
owners within 350 feet of the site, but do not require a first and second reading or
involve a delay in the effective date of the permit.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Incorrect references within the code should be corrected to ensure
clarity.
. Discussions with the Planning Commission and City Council prior to
the adoption of the new zoning ordinances detailed a procedure for
interim use permits that would be the same as that of conditional use
. permits.
. A typographical error now requires applicants requesting an interim
use permit to follow the procedures in place for a zoning amendment.
. The procedures required for a zoning amendment are more onerous
due to the fact that the change contemplated is permanent.
. The proposed interim use permit procedure includes a public hearing,
published notice and notice to residents within 350 feet of the project
site.
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I B. CRITICAL ISSUES I
. Incorrect references are confusing and can cause the code to be
misinterpreted.
. The proposed change to the interim use permit section will not remove
anything regarding public notice or participation.
I C. FINANCIAL
. N/A
I D. LEGAL I
. If adopted by the Council, the proposed changes will take effect 30
days after the approved resolution is published in the Sun Current
newspaper.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Approve a first reading of the ordinance with additional revisions.
Iv.
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ATTACHMENTS
. Ordinance
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
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5A-{
BILL NO.
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AMENDMENT TO RICHFIELD CITY CODE
522.05, SUBDIVISION 7; 534.03, SUBIDIVISION 3; 537.05, SUBDIVISIONS 2 AND 3;
537.11, SUBDIVISION 3A; 544.03, SUBDIVISION 8B; 547.13, SUBDIVISION 9D; AND
547.15, SUBDIVISION 2
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1
Subsection 522.05, Subdivision 7 of the Richfield City Code is amended to
read as follows:
Subd. 7; Home occupations that are operated in accordance with
Subsection a44 509.21 of this code.
Section 2
Subsection 534.03, Subdivision 3 of the Richfield City Code is amended to
read as follows:
Section 3
Subd.3. Retail, service and office uses with 50,000 square feet or less of
gross floor area (excluding those uses listed in Sections Subsections 512.07
and 534.0007 of this code). Permitted uses may exceed the 50,000 square
foot size limitation if located within a shopping center or other multi-tenant
building.
Subsection 537.05, Subdivisions 2 and 3 of the Richfield City Code are
amended to read as follows:
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Subd. 2. Regional retail services in MU-C. Regional retail services in the
MU-C district provided that retail uses with over 50,000 square feet of gross
floor area, are located within a multi-tenant or multi-use shopping area of
other multi-tenant development and meet the mixed use requirements of
subsection 537.G407, Subd. 2.
Subd.3. General retail services in MU-N. General retail services in the
MU-N district provided that the following conditions are met: The retail uses
front on an arterial street and meet the area requirements of subsection
537.G407, Subd. 2.
Section 4
Subsection 537.11, Subdivision 3a of the Richfield City Code is amended to
read as follows:
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a) All buildings shall have at least one primary patron entrance facing an
abutting public street, rather than the parking area. Buildings abutting a
major pedestrian circulation area as defined in Subsection 537.0011,
Subdivision 40~ shall have at least one primary entrance facing and
accessing the major pedestrian circulation way. Primary entrance is defined
as the principal entry through which people enter the building. A building
may have more than one primary entrance. Primary entrances shall be
open to the public during all business hours.
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5A~d-
. Section 5
Subsection 544.03, Subdivision 8b of the Richfield City Code is amended to
read as follows:
b) Boulevard plantings: In instances of constrained sites (544.01 Subd.
9f9j509.25. Subd. 6), landscape standards may be met through boulevard
plantings under a permit from the Richfield Public Works Department.
Section 6
Subsection 547.13, Subdivision 9d of the Richfield City Code is amended to
read as follows:
d) If the project is not in compliance with the approved plans, the project
shall be subject to review as specified in Subseotion 547.11 Subdivision 11.
Section 7
Subsection 547.15, Subdivision 3 of the Richfield City Code is amended to
read as follows:
Subd. 2. Application, public hearing, notice and procedure. The application,
public hearing, public notice and procedure requirements for interim use
permits shall be the same as those for zoning amendments conditional use
permits as provided in Subsection 547.G+09. In addition to the general
planning and zoning application requirements, applications for interim use
permits shall include:
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a) A signed consent agreement, provided by the City, agreeing:
i. That the applicant, owner, operator, tenant and/or user has no
entitlement to future reapproval of the interim use permit.
ii. That the interim use will not impose additional costs on the public if
it is necessary for the public to fully or partially take the property in the
future; and
iii. That the applicant, owner, operator, tenant and/or user will abide
by conditions of approval that the City Council attaches to the interim
use permit.
b) A statement addressing the relationship of the proposed project to the
neighboring uses.
Section 8
This Ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of April,
2008.
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Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
r.ON~F.NT
')1\
74
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
FRANCIE FLETCHER
HUMAN RESOURCES COORDINATOR
NAME, TInE
COUNCIL PRESENTER:
REVIEWED By CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution modifying the Health Care Savings Plan for International Union of
o eratin En ineers I.U.O.E. , Local 49 Em 10 ees.
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution modifying the Health Care Savings
Plan for eliaible I.U.O.E., Local 49 employees.
I II. BACKGROUND I
In 2001, the Minnesota legislature granted authority to the Minnesota State
Retirement System (MSRS) to offer a post retirement health care savings plan to
eligible employees of the State of Minnesota and other governmental subdivisions.
MSRS was authorized to administer these plans after they were adopted by
governmental subdivisions throughout the state.
A post retirement health care savings plan is an employer-sponsored program that
allows employees to save money to pay medical expenses and/or health insurance
premiums after termination of public service. Employees are able to choose among
different investment options provided by the State Board of Investment. Assets
contributed into the program are tax-free, accumulate tax free,_ and if used for
medical expenses, remain tax-free.
Legal authority to establish such plans is provided through Minn. Stat. 352.98 and
Internal Revenue Service rulings. The establishment of each plan, including
contribution formulae must be negotiated when dealing with a collective bargaining
unit or personnel policy where non-union employees are involved. Once
established, the plan must be filed with MSRS to initiate the program.
0325HCSPLocal49
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Participation for each individual employee within a bargaining or employee group is
mandatory once the plan is established for that respective group. Moreover, the
amounts contributed for or by each employee ina particular group must be the
same for every employee of the group. Contributed amounts between employee
groups will vary however.
A Health Care Savings Plan was established by the City Council for the I.U.O.E.,
Local 49 employee group on February 14, 2006. The Local 49 group has now
agreed upon a modified plan that increases the mandatory contributions to the plan.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. State Statutes have been amended to provide the opportunity for a
very valuable benefit to City employees. The City of Richfield is
pursuing this benefit with employee groups that are interested in such
a mandatory plan. -
. Approval by the City Council of the resolution will provide the City
authority to proceed with this modified program for Local 49
employees. .
CRITICAL ISSUES I
. There is no time-critical issue pertaining to the implementation of this
plan. However, the majority of Local 49 employees have expressed a
desire to implement the modified program, so it should be pursued at
our earliest opportunity.
. After City approval, this plan must be submitted to MSRS for filing and
implementation. '
lB.
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I C. FINANCIAL I
. There is no cost to the City in this version of the plan since the City
makes no contribution. In fact there is a cost savings to the City in
that wages and severance pay that the employee contributes to the
Health Care Savings plan are not subject to Social Security or
Medicare contributions.
. The plan provides a great tax savings to the participating employees
and provides a tax mechanism to fund post retirement medical costs.
I D. LEGAL I
. There is legal authority for this plan in Minnesota Statutes and IRS
Code.
. The plan modification has been sent to the State for review and has
received informal approval.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide not to approve this plan change. If the City
Council chooses to do so, the current plan would remain in effect.
IV.
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ATTACHMENTS
. Resolution
. Health Care Savings Plan
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
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58-1
RESOLUTION NO.
RESOLUTION AMENDING THE POST RETIREMENT HEALTH CARE SAVINGS PLAN
FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 EMPLOYEES
WHEREAS, Laws of Minnesota 2001, chapter 352.98, authorizes the Minnesota
State Retirement System (MSRS) to offer a Post Retirement Health Care Savings Plan
(Plan) program to state employees, as well as, other governmental subdivisions, and
WHEREAS, the Internal Revenue Service Code provides for such Plans, and
WHEREAS, the City of Richfield currently offers such a Plan to eligible City
employees as a tax free method for employees to set aside money to cover the ever
increasing costs of health insurance and medical costs after termination of public
employment, and
WHEREAS, such plans must be established by employee group, either through a
collective bargaining agreement for union erpployees or a personnel policy for employees
not covered by a collective bargaining agreement, and
WHEREAS, modification to the provisions of an established Plan for the Local 49
bargaining group have been agreed to by the Local 49 bargaining group of employees and
the City of Richfield, and
WHEREAS, the proposed plan is a net savings to the City of Richfield and a benefit
to the individual employees covered by the plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richfield hereby authorizes the City Manager to amend the Health Care Savings Plan for
the I.U.O.E., Local 49 group of employees in the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
March 2008. ~
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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Policy: International Union of Operating Engineers, Local
49 Retirement Health Care Savings Plan
Approved by: Richfield City Council on March 25, 2008
Effective Date: April 1 , 2008
Page: 1 of 1
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Plan Purpose
Post Retirement
Health Care
Savings Plan
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Eligibility to
Participate
Contribution
Formula
HCSP
Administration
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The City of Richfield is interested in establishing a means for eligible
employees to participate in a mandatory program to help defray some of
the costs of post employment health related expenses, including health
insurance premiums using pre-tax dollars. Participation in the Post
Retirement Health Care Savings Plan, administered by the Minnesota
State Retirement System (MSRS), is intended to provide an opportunity
to accomplish that goal.
The Post Retirement Health Care Savings Plan (HCSP) is an Employer
sponsored program that allows eligible employees to:
1) defer payment of a portion of unused vacation and personal leave as
a severance payment at the time of termination to pay for eligible
health insurance premiums and/or health expenses after separation
from City service: and
2) defer a portion of an Employee's biweekly salary for deposit into their
HCSP for the payment of qualified healthcare related expenses after
separation from City service.
Employees will be able to choose among several different investment
options provided by the Minnesota State Board of Investment. Under
the Plan, amounts contributed into the HCSP are tax-free and not
subject to FICA contributions. Assets in the HCSP will accumulate tax-
free and since payouts are used for qualifying medical expenses, they
will also remain tax-free.
Participation in the IUOE, Local 49 HCSP is mandatory for all
employees that are members of the Richfield IUOE, Local 49 Pay
Classification Plan at the time of termination of employment.
Mandatory participation in the HCSP shall be in accordance with, and
limited to the following formulas for contributions:
I. Biweeklv Contribution
1. An eligible Employee will contribute $21 of their base biweekly
wage to the Employee's account in the IUOE, Local 49 HCSP.
The HCSP is authorized under the Internal Revenue Code and is
administered by the Minnesota State Retirement System.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5C
75
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
STEVEN L. DEVICR, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED By CITY
MANAGER:
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ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolution endorsing the Richfield 2008 Centennial Time Capsule Project
undertaken bv the Richfield Historical Society.
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1. RECOMMENDED ACTION:
By Motion: Approve the resolution endorsing the Richfield 2008
Centennial Time Capsule Project undertaken by the Richfield
Historical Society.
I II. BACKGROUND I
The Richfield Historical Society is undertaking the 2008 Centennial Time Capsule
Project as part of the Centennial Celebration. The historical society has requested
the City Council adopt a resolution of support for the project and agreement to
provide a place to store the time capsule for the next 100 years.
The historical society staff has estimated the dimensions of the time capsule to be
the size of a copy paper box and shoyld not require any special temperature
regulations other than avoiding extreme heat/cold. City HaUcan accommodate
storage of the time capsule as requested.
. I III. BASIS OF RECOMMENDATION .1
The Richfield Historical Society is undertaking the 2008 Centennial Time Capsule
Project as part of the Centennial Celebration. The historical society has requested
0325HistoricalSociety
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the City Council adopt a resolution of support for the project and agreement to
provide a storage area for the time capsule for the next 100 years.
I A. POLICY I
. The City Council should officially approve the historical society's
request.
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I B. CRITICAL ISSUES
. N/A
I C. FINANCIAL
. None.
I D. LEGAL I
. The City Attorney has reviewed the resolution and determined the City
may handle this storage.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide to not approve the resolution or provide
another storage option.
Iv.
ATTACHMENTS
. Resolution.
. Letter from Richfield Historical Society.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Richfield Historical Society staff has been notified of this agenda item.
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5C-(
RESOLUTION NO.
. RESOLUTION ENDORSING THE RICHFIELD 2008 CENTENNIAL TIME CAPSULE
PROJECT UNDERTAKEN BY THE RICHFIELD HISTORICAL SOCIETY
WHEREAS, the.Richfield Historical Society has instituted the Richfield 2008
Centennial Time Capsule Project as part of the Richfield 2008 Centennial Celebration; and
,
WHEREAS, the Richfield Historical Society has requested the City of Richfield to
participate in the project by agreeing to provide a place to store the time capsule for the
next 100 years; and
WHEREAS, the City Council fully endorses the project and finds that it has the
ability to store the time capsule in one of its buildings.
NOW, THEREFORE, BE IT RESOLVED the Richfield City Council hereby endorses
the Time Capsule Project and agrees to store the time capsule for the next 100 years at
which time it will be opened for inspection by the public.
Adopted by the City of Richfield this 25th day of March, 2008.
Debbie Goettel, Mayor
. ATTEST:
Nancy Gibbs, City Clerk
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5 c- J..
I FEB {} 6' 2008
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February 5, 2008
,.c>
Mayor Debbie Goettel
Richfield Municipal BuHcjiQg_
6700 Portland Avenue S.
Richfield, MN 55423
Re: Time Capsule Project
Dear Mayor Goettel:
.'
I am writing on behalf of the Richfield Historical Society concerning the 2008 Centennial
Time Capsule Project which the Historical Society is undertaking as part of the
centennial celebration. The Society is inviting citizens of Richfield, past and present, to
enter nominations of persons, places, events or things in Richfield history that are
thought to be of importance enough to be remembered in 2108 when the Time
Capsule is opened. Enclosed is some information about the project, and a nomination
form.
We would like for the City Council to adopt a resolution of support for the project and
agree to provide a place to store the time capsule for the next 100 years. A copy of the
proposed resolution is attached. I would be happy to appear before the Council to
answer 'questions.
D Id J. Butler
Secretary
cc: Lisa Plank, director
David Melcher, pre~ident
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. PO Box 23304 690 I Lyndale Avenue, ~outh Richfield, tiN 55423
612.798.6140 t staff@ richfieldhistory.org f www.richfieldhistory.org
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5D
76
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME, TITLE
COUNCIL PRESENTER:
INTERIM DEPARTMENT
DIRECTOR REVIEW:
REVIEWED By CITY
MANAGER:
~
u(
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the request for a subdivision waiver which would allow
division of 7513 Fremont Avenue into two single-family lots.
1.
RECOMMENDED ACTION:
By Motion: Approve the attached resolution granting a subdivision
waiver for 7513 Fremont Avenue.
I II.
BACKGROUND I
The applicant is seeking to split an existing 1 DO-foot wide single-family residential
lot into two lots of equal width. The breezeway and attached garage that are part of
the existing single-family home shall be removed to allow for the sale of the new
second lot. Once removed, the existing home will comply with all City setback
regulations on one of the lots, while the other will comply with all City regulations for
a buildable lot.
The attached lot division survey illustrates the possible location of a new garage for
the existing home and the possible placement of a new home on the southern lot.
Prior to the construction of any new structures, detailed plans must be submitted
and approved by the appropriate City departments.
032508 - 7513 Fremont Subd. Waiver
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I III. BASIS OF RECOMMENDA nON I
I A. POLICY I
. In cases in which compliance with the City's platting requirements
result in unnecessary hardship and when failure to comply with said
requirements does not interfere with the purpose and intent of the
regulations, the Council may adopt a resolution authorizing a waiver
from the subdivision requirements.
. The demolition of the existing breezeway and garage will bring the
existing home into compliance with City setback requirements for the
newly created northern lot. Approval should be contingent upon this
demolition.
I B. CRITICAL ISSUES I
. Division of the parcel will create a new lot available for the
construction of a single-family home.
I C. . FINANCIAL I
. The required processing fee has been paid.
In.
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LEGAL I
. No legal notice is required; however, the Community Development
Department sent notice of the request for a Subdivision Waiver to
residents and property owners within 350 feet of the property.
. 60 DAY RULE: The 60 day 'clock' started when a complete application
was received on February 26,2008. A decision must be given to the
applicant by April 26, 2008 OR the Council must notify the applicant
that it is extending the deadline (up to a maximum of 60 additional days
or 120 days total) for issuing a decision.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny this subdivision waiver if a finding of fact determines that the proposal
would have an adverse impact on adjacent properties
I V. ATTACHMENTS
. Resolution
. Survey (Existing conditions)
. Possible location of new structures
. Surrounding zoning and land use maps
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Cathy Branch, applicant
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5()-1
RESOLUTION NO.
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR 7513 FREMONT AVENUE
WHEREAS, the applicant proposes to divide the above-described Parcel A into two
parcels, legally described as:
Parcel One:
Minnesota.
Lot 21, Block 20, IRWIN SHORES, Hennepin County,
Parcel Two:
Minnesota.
Lot 22, Block 20, IRWIN SHORES, Hennepin County,
WHEREAS, the City has fully considered the request for approval for the
subdivision waiver; and
3. Once demolition is completed, City staff is authorized and directed to take any
action necessary to effectuate this Resolution and to authorize the recording of
conveyances complying with the terms of this Resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
March,2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
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7513 Fremont AveS - Subdivision Waiver
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.
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.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
5E
77
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
BARRY FRITZ, POLICE CAPTAIN
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Council approval of attached resolution authorizing the Public Safety Department/Police
Division to accept donation from Residential Mortgage Group.
1.
RECOMMENDED ACTION:
By Motion: Approve attached resolution allowing the Public Safety
Department/Police to accept $50 donation from Residential Mortgage
Group, given in the name of a City resident.
I II.
BACKGROUND I
Public Safety/Police received a letter from Sunny Nelson, a Principal/Loan Officer
with the Residential Mortgage Group (RMG). She indicated that RMG has started a
charitable donation program called "Refer a friend; Build your community," that
makes a donation to the group designated by their client at the time of loan closing.
Paul Carlsted, Richfield resident, who is a client of RMG asked that a donation be
made to the Richfield Police. A copy of the letter received from RMG is attached.
0325 Resolution Accepting Funds from Residential Mortgage Group
.
.
.
.
In 2007, previous residents asked that RMG make their donation to Richfield Public
Safety/Police and there were no problems involved with the acceptance of the
funds.
1 III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. Businesses, organizations and occasionally residents are proud of the
law enforcement programs and accomplishments in Richfield because
the programs and quality of service add to their sense of safety and
security as they live and work in Richfield. To ensure that programs
continue, they will offer to contribute to specified areas, such as
protective vests for officers or a K-9 unit.
. Public Safety does not accept financial support unless it is designated
for a specific program that will affect the department as a whole.
. Minnesota Statute 465.03 requires every acceptance of a grant or
devise of real or personal property on terms prescribed by the donor
be made by resolution of more than two-thirds majority of the City
Council.
. The Administrative Services Department issued a memo on
November 9, 2004 requiring that all grants and restricted donation to
departments be received by resolution and by more than two-thirds
majority of the City Council in accordance with Minnesota Statute
465.03.
I B. CRITICAL ISSUES
. N/A
.
I C. FINANCIAL I
. The $50 donation will be placed in the forfeiture fund to be used
towards the purchase of police officer safety vests.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council could deny the resolution and the funds would be returned to the
Residential Group.. However, a donation was given in 2007 under this
program and it was acceptable.
Iv. ATTACHMENTS
. Resolution.
. Letter from Residential Mortgage Group to Richfield Police.
. Copy of RMG pamphlet.
. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
.
.
5E-/
RESOLUTION NO.
.
RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE TO
ACCEPT A DONATION OF $50 FROM RESIDENTIAL MORTGAGE GROUP, INC.
IN THE NAME OF RICHFIELD RESIDENT PAUL CARLSTED
WHEREAS, the Public Safety Department/Police Division, through its
Director, received a check from the company Residential Mortgage Group, Inc.
(RMG), in the amount of $50 designated to Richfield Police; and,
WHEREAS, the Residential Mortgage Group, Inc. has begun a charitable
donation program in which they donate funds to a school, police or fire department
in the community of and in the name of their clients at their loan closing; and,
WHEREAS, Minnesota Statute requires every acceptance of a grant or
devise of real or personal property on terms prescribed by the donor be made by
resolution of more than two-thirds majority of the City Council;
WHEREAS, the donated fundswill be used towards the purchase of
equipment for Richfield police officers.
.
NOW, THEREFORE, BE IT RESOLVED that the Director of Public Safety
will accept the donation of $50 from Residential Mortgage Group, Inc. in the name
of Richfield resident Paul Carlsted to be placed in the forfeiture fund account and
used to purchase equipment for the police officers.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day
of March 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
.
5 {;-- d-
Expert Home Financing. Guaranteed.""
February 15.2008
Richfield Police Department
Attn: Administration Office
6700 Portland Avenue South
Richfield. MN 55423
Dear Administration Staff:
RMG has a charitable donation initiative program called "Refer a friend. Buildyour
community."TM We are extremely excited about this exclusive initiative and have
enclosed a letter explaining a bit more about how this program works.
.
Enclosed you will find a check payable to your organization. Our client or referral source
has selected your group to be a beneficiary in conjunction with their loan closing with us.
Congratulations! We hope there will be more to come. Listed below is the name of the
donor that has selected you:
Paul Carlsted
6344 3rd Avenue South
Richfield. MN 55423
As our letter indicates. every loan that RMG closes can result in up to $100 donated to
the school, police or fire department in their local community. In 2007 we donated
$87,900, and our goal this year is to donate at least $200,000. We believe everyone in
our communities will benefit. Call us if you have any additional questions about how this
program works.
Sin:relY, \ J
C[~n~ ~
EVP /Mortgage Banker
Enclosures
cc: Paul Carlsted
.
RESIDENTIAL. MORTGAGE GROUP
A DIVISION OF INTERBANK. FSB
11100 Wayzata Boulevard, Suite 570
Minnetonka, MN 55305
PHONE 952.593.1169 FAX 952.593.1634
WWW.RMGMN.COM
.
.
.
.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5F
78
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
. JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[i]
REVIEWED BY CITY
MANAGER:
GJ
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing acceptance of a grant from Cornerstone Group in the
amount of $40,125, to fund year one of the Prairie Restoration Project at Wood Lake Nature
Center and approvinQ the contract with Prairie Restorations.
1. RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing acceptance of a grant
from Cornerstone Group in the amount of $40,125, to fund year one of
the Prairie Restoration Project at Wood lake Nature Center and
approving the contract with Prairie Restorations.
I II.
BACKGROUND I
Following the Wood Lake dredging project, which began in 1996 and was
completed in 1999, a 4.5-acre area at the south end of Wood Lake Nature Center
was used to store the sand, soil, and other materials that were dredged from the
lake. The material drained for several years and, working with a landscaping
company that used the spoil to amend their black dirt, the dredging spoil removal
was completed in 2007.
Now, the area will be programmed as a prairie with plants native to the region. This
will not only provide a different habitat (in addition to marsh and forest) to use for
0325 prairie grant
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environmental-education purposes, but will also help prevent topsoil erosion and will
benefit the entire ecosystem of Wood Lake.
Cornerstone Group, the owners of Kensington Park, have agreed to provide funding
to Wood Lake Nature Center to work with Prairie Restorations to purchase seed
and manage the planting of the area. The project will be a five-year process and
Cornerstone has agreed to fund the entire project; this resolution is to approve the
funding the for the first year only (staff will return for authorization in subsequent
years ).
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Minnesota Statute 465.03 requires every acceptance of a grant or
devise of real or personal property of more than two-thirds majority of '
the City Council.
. Wood Lake Nature Center can proceed with the Prairie Restoration
Project with the approval of the contract with Prairie Restorations, Inc.
lB.
CRITICAL ISSUES I
. Once the grant and contract are accepted, staff can begin the
restoration with the current growing season.
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I C.
FINANCIAL I
. Without these funds from Cornerstone, an alternate funding source
would be required for this project.
ID. LEGAL I
. Minnesota Statute 465.03 requires every acceptance of a grant or
devise of real or personal property of more than two-thirds majority of
the City Council.
. The City Attorney has reviewed the contract with Prairie Restorations.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Decline to accept the grant and the contract.
I V. ATTACHMENTS
. Resoution.
. Contract with Prairie Restorations, Inc.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
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'SF-I
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM CORNERSTONE
GROUP IN THE AMOUNT OF $40,125, TO FUND YEAR ONE OF THE PRAIRIE
RESTORATION PROJECT AT WOOD LAKE NATURE CENTER AND APPROVING
THE CONTRACTWITH PRAIRIE RESTORATIONS..
WHEREAS, Minnesota Statute 465.03 reads in part as follows:
Any city, county, school district or town may accept a grant or devise of real
or personal property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall authorize
such acceptance or use for religious or sectarian purposes. Every acceptance shall
be by resolution of the council adopted by two-thirds majority of its members,
expressing such terms in full, and
WHEREAS, the City of Richfield has received grants and donations as described
below:
March 14, 2008 Cornerstone Group, Inc.
$40,125
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
That the City Council of the City of Richfield hereby accepts the Cornerstone Group
grant and authorizes the City to administer the funds in accordance with grant agreements
and terms prescribed by donors and to award the project contract to Prairie Restorations,
Inc.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
March,2008.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
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5F~d-
Date: 3/19/2008
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Contract between City of Richfield (Wood Lake Nature Center) and Prairie
Restorations, Inc. for the Wood Lake Prairie Restoration Project.
A. Site Preparation (to be performed by Prairie Restorations, Inc):
1. This sp~ing, allow regrowth to occur foll'owed by an application of Roundup
Originalmax@ and Vanquish@ (or equal) herbicide as per manufacturer's
directions. Allow a minimum of 20 days before disturbing the site with other
procedures.
2. Respray with Roundup Originalmax@ only if the site regreens after 15 days.
3. Lightly till the soil to create an open seedbed.
4. Harrow or rake the soil to create a firm, smooth seedbed.
B. Seed and Seeding (to be performed by Prairie Restorations, Inc):
.
1. Seeding dates shall be in the spring or summer before July 1.
2. All seed shall be applied by broadcasting.
3. A harrowing or raking shall follow all grass seeding.
4. There are three different seed mixes for 1) aquatic to wet areas; 2) mesic
areas; and 3 upland areas. The mixes shall consist of the following species
and amounts:
I Aquatic to wet areas mix
Grasses Ibs.lproject area
Shoreline mix:
35% Blue joint grass, 12% Fox sedge, 10% Pointed broom sedge,
8% Green bulrush, 7% Virginia wild rye, 5% Wool grass,
5% River bulrush, 4% Fringed brome, 3% Soft-stemmed bulrush,
3% Giant bur-reed, 2% Porcupine sedge, 2% Bottlebrush sedge,
2% Torrey's rush, 2% Cord grass all by bulk weight................... 31bs
Tall wet mix:
43% Big bluestem, 10% Canada wild rye,
8% Switch grass, 4% Indian grass, 4% Little bluestem by PLS weight.
12% Cord grass, 10% Blue joint grass,
2% Fringed brame, 2% Virginia wild rye, 2% Wool grass,
2% Green bulrush, 1% Giant bur-reed by bulk weight. ............... Sibs
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Wildflowers
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Shoreline mix:
14% Blue vervain, 13% Joe-pye weed, 12% Blue flag iris, 10% Sweet flag,
10% Tall blazing star, 5% New England aster, 5% Boneset, 5% Black-eyed Susan,
5% Tall meadow rue, 5% Ironweed, 2%'Water plantain, 2% Swamp milkweed,
2% Panicled aster, 2% Giant sunflower, 2% Arrowhead, 1 % Red-stalked aster,
1 % Grass-leaved goldenrod, 1 % Sneezeweed, 1 % Great S1. John's wort,
1 % Mountain mint, 0.5% Great blue lobelia,
0.5% Monkey flower, all by bulk weighL...............................................................
oz./project area
21bs
Tall wet mix:
15% Blue vervain, 12% Joe-pye weed, 12% Tall blazing star, 8% Blue flag iris,
6% Black-eyed Susan, 4% Boneset, 3% Panicled aster, 3% Canada tick trefoil,
3% Giant sunflower, 3% Common ox-eye, 3% Golden alexander,
2% Sweet flag, 2% Water plantain, 2% Swamp milkweed, 2% Smooth aster,
2% New England aster, 2% Great S1. John's wort, 2% Purple prairie clover,
2% Mountain mint, 2% Arrowhead, 2% Stiff goldenrod, 2% Upland goldenrod,
2% Ironweed, 1% Marsh marigold, 1% Grass-leaved goldenrod,
1% Tall meadow rue, 1% Culver's root, all by bulk weight. ................................... 2 Ibs
Canada anemone (Anemone canadensis).................................. 20z
Bottle gentian (Gentiana andrewsil) ............................................ 20z
Tall blazing star (Liatrispycnostachya) ....................................... 40z
Great blue lobelia (Lobelia siphilitica).......................................... 20z
Culver's root (Veronicastrum virginicum) .................................... 40z
Mesic areas mix
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Grasses
Big bluestem (Andropogon gerardil)... .............. ....... ....................
Kalm's brome (Bromus kalmil) ....................................................
Canada wild rye (Elymus canadensis) ...............................;.......
Little bluestem (Schizachyrium scoparium).................................
Indian grass (Sorghastrum nutans).............................................
Wildflowers
Giant hyssop (Agastache foeniculum) ........................................
Leadplant (Amorpha canescens) ................................................
Canada anemone (Anemone canadensis)..................................
New England aster (Aster novae-angliae) ..................................
Azure aster (Aster oolentangiensis)............................................
Wild indigo (Baptisia alba)...... ......... .................. ........ ..................
Canada tick-trefoil (Desmodium canadense) ..............................
Rattlesnake master (Eryngium yuccifolium) ................................
Yellowish gentian (Gentiana alba)...............................................
Common ox-eye (Heliopsis helianthoides)..................................
Bush clover (Lespedeza capitata)...............................................
Tall blazing star (Liatris pycnostachya) .......................................
Wild bergamot (Monarda fistulosa) .............................................
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White prairie clover (Petalostemum candidum)...........................
Purple prairie clover (Petalostemum purpureum) .......................
Mountain mint (Pycnanthemum virginianum) ..............................
Yellow coneflower (Ratibida plnnata) ..........................................
2
Ibs./project area
41bs
21bs
41bs
41bs
71bs
oz.lproject area
40z
80z
20z
40z
40z
40z
Aoz
80z
60z
20z
40z
8 oz'
40z
oz./project area
40z
80z
40z
60z
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S-{: - Lj
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Black-eyed Susan (Rudbeckia hirta)...... ...... .................. ..... ........
Showy goldenrod (Solidago speciosa) ........................................
Spiderwort (Tradescantia occidentalis) .......................................
Culver's root (Veronicastrum virginicum) ....................................
Golden alexanders (Zizia aurea) .................................................
60z
4 oz
40z
60z
60z
I Upland areas mix
Grasses
Kalm's brome (Bromus kalmiJ) ....................................................
Side oats grama (Bouteloua curtipendula) ..................................
June grass (Koeleria macrantha) ................................................
Little bluestem (Schizachyrium scoparium).................................
Indian grass (Sorghastrum nutans) ............ ...... ....... ....... .............
Wildflowers
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Butterfly weed (Asclepias tuberosa)............................................
Azure aster (Aster oolentangiensis) ............................................
Stiff tickseed (Coreopsis palmata) ..............................................
Yellowish gentian (Gentiana alba)...............................................
Bush clover (Lespedeza capitata)...............................................
Wild lupine (Lupinus perennis) ....................................................
Showy penstemon (penstemon grandiflorus) .............................
Purple prairie clover (Petalostemum purpureum) .......................
Black-eyed Susan (Rudbeckia hirta)...........................................
Gray goldenrod (Solidago nemoralis)..........................................
Shqwy goldenrod (Solidago speciosa)........................................
Spiderwort (Tradescantia occidentalis) .......................................
Hoary vervain (Verbena stricta) ..................................................
Golden alexanders (Zizia aurea).................................................
Ibs./project area
Y2lb
1 Ib
11b
41bs
1 Ib
oz./project area
20z
1 oz
1 oz
1 oz
1 oz
20z
20z
20z
1 oz
1 oz
1 oz
1 oz
1 oz
20z
C. Erosion Control: (to be performed by Prairie Restorations, Inc):
1. Cover crop will be sown along with the native grasses.
2. Erosion blanket (Anti-wash Geo-jute or equivalent) should be applied as per
manufacturer's directions to the wet edge area of the project.
3. All areas not blanketed should be mulched with clean straw at the rate of 1.5
tons per acre.
D. Plants and Planting (to be performed by Prairie Restorations, Inc):
Immediately following the implementation of any erosion control measures, the
planting will be further diversified with wildflower and/or grass seedlings. These
will be planted individually in appropriate microhabitats throughout, or in
designated areas of the project. The plants used will consist primarily of
species other than those previously seeded.
Fromthe"following list a minimum of 30 species will be used in appropriate
areas.
1.
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5F-5'
Wildflowers
Sweet flag (Acorus calamus)
Prairie onion (Allium stel/atum)
Leadplant (Amorpha canescens)
Canada anemone (Anemone canadensis)
Thimbleweed (Anemone cylindrica)
Pussy toes (Antennaria neglecta)
Prairie sage (Artemisia ludoviciana)
Wild ginger (Asarum canadense)
Aromatic aster (Aster oblongifolius)
Wild indigo (Baptisia alba)
False aster (Boltonia asteroides)
Marsh marigold (Caltha palustris)
Prairie larkspur (Delphinium virescens)
Northern bedstraw (Galiumboreale)
Prairie smoke (Geum trif/orum)
Alum-root (Heuchera richardsonil)
Rough blazing star (Liatris aspera) .
Meadow blazing star (Liatris ligulistglis)
Tall blazing star (Liatris pycnostachya)
Turk's cap lily (Lilium michiganense)
Fringed loosestrife (Lysimachia ciliata)
Monkey flower (Mimulus ringens)
Prairie phlox (Phlox pilosa)
Arrow-head (Sagittaria latifolia)
Bur reed (Sparganium eurycarpum)
Tall meadow rue (Thalictrum dasycarpum)
Grasses'
Fringed brome (Bromus ciliatus)
Blue joint grass (Calamagrostis canadensis)
Aquatic sedge (Carex aquatilis)
Bebb's'sedge (Carex bebbii)
Bottlebrush sedge (Carex comosa)
Graceful sedge (Carex gracillima)
Porcupine sedge (Carex hystricina)
Interior sedge (Carex interior)
Shining bur sedge (Carex intumescens)
Hop sedge (Carex lupulina)
Pointed broom sedge (Carex scoparia)
Fox sedge (Carex vulpinoidea)
Spike rush (Eleocharis ovata)
Greene's rush (Juncus greenel)
Torrey's rush (Juncus torreyi)
Soft-stem bulrush (Scirpus validus)
Prairie dropseed (Sporobolus heterolepis)
Porcupine grass (Stipa spartea)
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E. Shoreline Fencing for Goose Control (to be performed by Prairie
Restorations, Inc):
1. A fencing and shoreline erosion system will be installed after all the seeding
and planting has been completed. The fence consists of plastic snow fence
strung between t-posts and criss-crossed with wire to keep out geese and
ducks during plant establishment. It will need to remain in place and will be
maintained by Prairie Restorations for at least a period of two growing seasons.
F.
Management: (recommendations from Prairie Restorations...warranty is not
contingent upon performing these procedures)
Management (maintenance) plays a vital role in the eventual success of any
native landscape installation, especially during the establishment period.
During the first growing season the project area may need to be mowed to
control annual weed development. If a "closed" canopy of weed cover
develops, it should be mowed to aid in the growth of the prairie seedlings by
reducing competition. Mowing may also be necessary if the weeds are about to
set seed. Optimum cutting height, depending on the wildflower species
present, is typically 4to 6 inches. Mowings done by PRI will be billed separately
unless they are included as part of the installation contract.
In years following the first growing season, management services could include
site monitoring, burning, mowing, spot spraying, orhand weeding. These
services should be contracted separately from the installation contract. Please
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note that management services are typically billed on a time and materials
basis (a breakdown of cost ingredients would be available prior to contract
acceptance ).
G.
Costs (all prices quoted will stand for the five years of the project and will
not be subject to change):
All of the site preparation, seed, seeding
and first growing season maintenance............ $13,750
Erosion control
straw mulching....................................................... $1,950
erosion control blanket........................................... $3,265
Goose control fencing.............................................. $4,160 (estimate)
(installed @ 5.20 per lineal ft; 800 feet estimated)
Wildflower s~edling budget ................................... $17,000
Seedlings @ $2 and 4" pots @$6 delivered and installed
Total installation and first year cost................. $40,125
Second growing season maintenance .................... $3,000
Third growing season maintenance ........................ $4,000
Fourth growing season maintenance...................... $3,000
Fifth growing season maintenance .........................$2,000
Grand total over five years................ $52,125
All prices for services and materials herein will stand for the five-year span of
the project and are not subject to change.
H.
Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully
installing native landscapes throughout the Upper Midwest. We feel our
expertise in this industry is second to none and we stand behind every one of
our projects. Because we are confident in our abilities to provide you with the
best possible materials and services, we are proud to offer the following
guarantee: '
On projects installed by PRI crews within the specified dates, we will guarantee
successful establishment within three full growing seasons, given the following
conditions:
1. That PRI materials and PRI installation services are used on the project.
2. That the failure of the project is not due to the actions of others.
3. That PRI staff has been consistently involved with the maintenance of the
project (consultation with the client or direct utilization of PRI management
services) from the time of germination until the end of the third growing
season (i.e. mowing, spot spraying, controlled burning).
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5 F-- 7
This outline provides a step-by-step plan for accomplishing the restoration of
this site. If successful establishment does not occur within three full growing
, seasons, all necessary steps will be taken to ensure the eventual success of
the project, at no additional charge. For purposes of this guarantee, successful
establishment is defined as follows: That the presence of at least 75% of the
original seeded or planted species can be found on site, and that the overall
density of vegetation is comprised of no less than 75% native species.
I.
Contract:
If you accept the proposal as written and want to proceed with the project, .
please sign the contract below.
Property Owner: City of Richfield, MN
PRINT NAME AND TITLE
Date:
Signature
Contractor: Prairie Restorations, Inc.
PRINT NAME AND TITLE
Date:
Signature
A 20% down payment is required in advance of work being performed. Please
return a copy of the signed contract, along with payment for 20% of the total
project cost. Thank you.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
CONSENT
5G
79
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
MARK L. HALL, FLEET & PARK
SUPERVISOR
NAME, TInE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a new tandem dump truck for use by the Street Maintenance
Division.
1. RECOMMENDED ACTION:
By Motion: Approve the purchase of a tandem dump truck in the
amount of $145,605.25 consisting of the following items:
. Chassis in the amount of $77,922.86 to Astleford International
Trucks
. Box & hydraulics in the amount of $39,902.93 to Midland.
Equipment Co.
. Front, wing plows & sander in the amount of $27,779.46 toJ-Craft
by TBEI
BACKGROUND I
Unit 350, a 1985 Caterpillar road grader, currently used by the Street Maintenance
Division is fully depreciated and scheduled for replacement in 2008. This road
grader will be replaced with a more versatile tandem dump truck that will be used
for many more applications on a year-round basis. Purchase of a replacement has
0325andemDump Truck
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been coordina~ed through the State of Minnesota Cooperative Purchasing Program.
Under this program, the State of Minnesota solicits bids from a variety of dealers for
specific motor pool equipment. The low bidder for the type of equipment required is
then awarded a contract to supply equipment to the participating members of the
Cooperative Purchasing Program at the low bid price. The City of Richfield
participates in this program.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program
I B. CRITICAL ISSUES I
. Approval at the March 25th Council Meeting will facilitate timely
delivery of the tandem dump truck.
. Snow fighting equipment includes front reversible plow and wing plow.
. This tandem dump truck replaces an old grader that is used for
plowing snow only. There no longer is a need for two graders in the
fleet, but there is a need for another tandem truck for snow hauling.
.
Ie.
FINANCIAL I
. The approved 2008 budget contains $140,000.00 for this purchase.
. The additional $5605.25 needed for the purchase will Gome from the
$6500.00 saved on the purchase of the four-in-one bucket.
. Funding for these vehicles will be from tax levy and the Central
Garage Fund.
I D. LEGAL I
. When the purchase price of materials, merchandise, equipment, or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
. No action by Council on this purchase will eventually result in more
breakdowns, dollars wasted on repairs and lost efficiency in plowing, and
other Public Works operations.
I V. ATTACHMENTS
. None
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I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
PUBLIC HEARING
7
80
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR REVIEw:
NAME, TITLE
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of the transitory ordinance authorizing the construction of a
storm sewer lift station in Augsburg Park and consideration of a resolution for summary
publication of the ordinance.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
. Approve second reading of the attached transitory ordinance
authorizing the construction of a storm sewer lift station in
Augsburg Park. .
. Approve resolution for summary publication of the transitory
ordinance.
I II.
B~K~OillID I
Augsburg Park periodically experiences flooding due to high rain events because the
park's pond does not currently have an outlet. Historically, when the water level gets
high enough to flood and threaten the surrounding trees and park amenities a portable
pump has been used to pump the water from the pond to a nearby storm drain moving
the water over to Wood Lake. Rental of the pumps has been expensive and draining
down the pond could take up to a week.
0325SecondReadAugsburg
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In addition, additional water will be conveyed to Augsburg Pond with the construction
. ofthe 73rd Street and 1st Avenue Storm Sewer Project.
Staff is recommending that a lift station be installed in the park and a pipe be
constructed to automatically pump excessive storm water from the pond into the
drainage system which conveys the water to Wood Lake.
I III.
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In 2007, the Community Services Commission and City Council included the
construction of a lift station in Augsburg Park as a high priority in the development of
the City's Comprehensive Surface Water Plan.
Although the estimated cost of the Augsburg Park Lift Station Project is less than the
$500,000 that triggers the need for a transitory ordinance, there is no guarantee that
the bids received will not exceed that amount. In order to avoid the possibility of
having to delay the project start date to go through the ordinance process and risk not
having spent down the bond proceeds by October 2008, staff recommends moving
forward with the transitory ordinance at this time.
BASIS OF RECOMMENDATION I
I A. POLICY I
. Pursuant to Section 8.04 of the City Charter, any capital improvement on
City owned property which has an estimated cost exceeding $500,000 or
expenditures for design and engineering exceeding $75,000 must be
approved by ordinance after a public hearing.
. Pursuant to Section 8.05 of the City Charter, notice of the public hearing
was published twice in the Sun Current fourteen days priorto the
hearing. Publication dates were March 13, 2008 and March 20, 2008.
I B. CRITICAL ISSUES I
. The proposed funding of the lift station is the 2006 bond proceeds from
the sale of a Storm Sewer Utility Bond. The bond proceeds must be
spent down by October 2008 for the City to avoid arbitrage.
. Although the estimated cost of the Project is less than the $500,000 that
triggers the need for a transitory ordinance, there is no guarantee that
the bids received will not exceed that amount. Staff is recommending
that the council follow a conservative approach of voluntarily following
the charter procedures.
I C. FINANCIAL I
. Cost estimates prepared byWSB & Associates indicate the project to
cost $457,041.63.
ID.
UGAL I
. The City Attorney has determined that Section 8.04 of the City Charter
does not apply to the project, because the estimated cost is below
$500,000 and because engineering and design fees will not exceed
$75,000.
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The City Attorney has indicated that nothing in the charter prevents the
voluntary use of the hearing procedures for projects that are not covered
by Section 8.04.
The City Attorney has reviewed the ordinance and summary publication
resolution for this capital improvement.
.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may choose to take no action at this time.
I V. ATTACHMENTS
. Proposed Transitory Ordinance
. Resolution of Summary Publication
. Map of Project Area
. Project Cost Estimate
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING
. None.
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'7-/
BILL NO.
Transitory Ordinance No.
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT
PROJECT FOR THE CONSTRUCTION OF A STORM SEWER
LIFT STATION IN AUGSBURG PARK, PURSUANT TO
RICHFIELD CITY CHARTER SECTION 8.04
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backoround; findinos.
1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-
owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or
engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing.
1.02. It is proposed that the City Council approve a capital improvement project for the
improvement of property at 7201 Nicollet Avenue, Richfield MN.
1.03. The capital improvement project consists of the construction and construction
management of a storm sewer lift station at Augsburg Park (the "Augsburg Park Lift Station
Project").
1.04. The estimated construction cost of the capital improvement, excluding design and'
engineering costs, is $457,041.63. The estimated design and engineering costs are less than
$75,000.
1.05. A public hearing was held on March 25, 2008 after due notice as required by Sectiol) 8.05
of the Richfield City Charter. '
1.06. . The Council finds and determines that it is in the best interests of the City and its
inhabitants that the Augsburg Park Lift Station Project be approved.
Sec. 2. Approval; effective date.
2.01. The Augsburg Park Lift Station Project is approved, and construction and construction
management of the Augsburg Park Lift Station Project may proceed according to the
procedures required by law.
2.02. The purpose of this Ordinance is to follow the procedures in Section 8.04 of the Richfield
City Charter. This Ordinance shall not be construed to require that the City proceed with the
Augsburg Park Lift Station Project; nor does it vest any rights in the Augsburg Park Lift Station
Project to any individual or entity. This Ordinance shall not be construed to pre-approve any
contracts for the construction of the Augsburg Park Lift Station Project, and the City Council
specifically reserves to itself the authority to approve any such contracts. The City Council
reserves the right to abandon the Augsburg Park Lift Station Project or to modify elements of the
Augsburg Park Lift Station Project, if the Council deems abandonment or modification to be in
the public interest.
2.03. This ordinance is effective 30 days following its publication.
Adopted by the City of Richfield this 25th day of March, 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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7-'d-
RESOLUTION NO.
RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE
APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF A
STORM SEWER LIFT STATION IN AUGSBURG PARK, PURSUANT TO RICHFIELD CITY
CHARTER SECTION 8.04
WHEREAS, the City has adopted the above referenced ordinance to the Richfield City
Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of
publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that
the following summary is heret;>y approved for official publication:
SUMMARY PUBLICATION
BILL NO. 2008 -
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE
CONSTRUCTION OF A STORM SEWER LIFT STATION IN AUGSBURG PARK,
PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04
This summary of the ordinance is published pursuant to Section 3.12 of the Richfield
City Charter. .
The ordinance authorizes a capital improvement project for construction of a storm
sewer lift station in Augsburg Park. The estimated cost of the project is $457,041.63.
Copies of the ordinance are available for public inspection in the Public Works
Department during normal business hours or upon request bycalling Assistant City Engineer
Kristin Asher (612-861-9795)
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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WSB
Augsburg Lift Station
and
73rd Street & 1st Avenue
Drainage Improvement Project
City of Richfield
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o 125 250
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Assoclotes Tnc.
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1-4
Augsburg Pond Lift Station Project
Engineer's Estimate
Richfield, Minnesota
WSB Project: Augsburg Pond Lift Station Project
Project Location: City of Richfield, MN
WSB Proj~ct No: 01532-23
City Project No. XXXX-X
Opinion of Probable Cost
Date
2/1/08
Proiect Total
TAB SHEET Item Unit ' Estimated I Estimated
No, Number Descrintion Notes Unit Price O",ntitv Cost
Base Bid
, : 2021.501 fMOBJIJZATION LUMP SUM 525,000.00 1 525,000.00
, 2101.502 ! CLEARING ; TREE , 5500.00 4 , 52,000.00
; i 2101.507 iGRUllBING , , TREE 5500.00 4 , 52,000.00
I I
! 21 04.5ll 1 !REMOVE SEWER PIPE (STORM) " , LINFT 510.00 126 " 51,260.00
i 2104.501 !REMOVE CURB AND GUTTER , LIN FT 58.00 360 : 52,880.00
2104.503 IREMOVE CONCRETE DRIVEWAY APRON . ; SQFT 510.00 24 , 5240.00
,
I , 2104.503 iREMOVE BITUMINOUS PAVEMENT I SQYD I 56.00 700 i $4,200.00
I
2104.5'11 !SA WCUT BITUMINOUS PAVEMENT , LIN FT i $7.50 125 i $937.50
, ! ; I !
I I 2104.523 iSALV AGE CASTING , EACH ! $300.00 5 , $1,500.00
i 2105.505 IMUCKEXCAVATION ,I CUYD 1 $15.00 300 ! $4,500.00
2105.522 iSELECT GRANULAR BORROW (CV) ! CUYD , $14.00 100 : $1,400.00
2105.525 !TOPSOIL BORROW (CV) I CUYD 515.00 25 $375.00
2105.535 I SALVAGE TOPSOIL , CUYD I 515.00 35 I 5525.00
I I
2112.501 ! SUBGRADE PREPARATION i ROADSTA ;, 5100.00 2 i 5200.00
2211.503 jAGGREGATE BASE (CV) CLASS 5 I ! CUYD 515.00 140 i' $2,100.00
I
. 2350.501 !TYPELV 3 NON WEARING COURSE MIXTURE (B) i TON 5100.00 115 I 511,500.00
I i I
2350.501 iTYPELV 3 WEARING COURSE MJXTURE (B) i i TON 5120.00 80 $9,600.00
2451.507 !GRANULAR BEDDING (CV) ! CUYD 512.00 230 I 52,760.00
i !
i 2501.515 L24" RC PIPE APRON EACH I 5750.00 1 i 5750.00
:2503.541 i 15" RC PIPE SEWER DES 3006 CLllI i LINFT I 535.00 90 53;150.00
I
i 2503.541 !24" RCPIPE SEWER DES 3006 CLV , LINFT I $45.00 549 524,705.00
,
I 2503.602 !CONNECT TO EXISTING STORM SEWER I EACH I 5500.00 1 5500.00
I i 2506.501 !CONSTRUCT DRAINAGE STRUCTURE-DES 48-4020 I LIN FT I 5350.00 17.7 56,195.00
I
; I 2506.501 I CONSTRUCT DRAINAGE STRUCTURE-DESIGN SPEClAL-l (2'>'3') LIN FT 5350.00 3 , 51,050.00
i ! I
I 2506.516 !CASTING ASSEMBLY I EACH 5350.00 2 I 5700.00
i 2506.602 ,CONNECT INTO EXISTING STRUCTURE i EACH 5750.00 1 ! 5750.00
! 2511.501 iRANDOMRIPRAPCLID I CUYD , 575.00' 10 I
I 5750.00
I 2511.515 IGEOTEXTILEFILTER, TYPE IV I j SQYD 53.00 20 560.00
I 2531.501 iCONCRETE CURB & GUTTERDESlGN B818 I LIN FT 512.00 180 I 52,160.00
i I i I
. 2563.601 iTRAFFlC CONTROC LUMP, sUM ", $'5;500:00 .,' j ,
I i I ' '$5,5'60.00'
2571.502 IDEClDuous TREE 5' !IT B&B i TREE 5350.00 3 i 51,050.00
2571.505 !DECIDUOUS SHRUB 2' HT B&B , I SHRUB 540.00 2
I i 580.00
2571.602 iTREE PROTECTION TYPE I I i EACH $50.00 25 i 51,250.00
2572.502 I CLEAN ROOT CUTTING , ! LIN FT 54.00 100 I 5400.00
,
! 2573.502 !SILT FENCE, TYPEHEA VY DUTY ! I LIN FT 53.00 100 5300.00
I , 2573.505 !FLOATATION SILT CURTAIN, TYPE STILL WATER i I LINFT 515.00 100 $1,500.00
i !
I 2573.530 i,STORM DRAIN INLET PROTECTION i ! EACH 5250.00 5 $1,250.00
I 2573.602 !TEMPORARY ROCK CONSTRUCTION ENTRANCE ; EACH 53,500.00 1 83,500.00
, j
I 2575.505 [SODDING TYPE LAWN i ! SQYD 83.00 2000 i 86,000.00
I Spec 1 ! 8CREEN MANHOLE i ; EACH 810,000.00 1 I 510,000.00
Spec 2 !LlFT STATION (INCL. FORCEMAlN) I I EACH 8250,000.00 1 i 8250,000.00
I I
I Spec 3 ! REINFORCED TURF FOR ACCESS DRIVE I , SQYD , 815.00 190 I 82,850.00
I
i SUBTOTAL $397,427.50
i CONTINGENCY (15% $59,614.13
~ , ESTIMATED PROJECT COST I $457;041.63 I
i I
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C:\Documents and SettingslKA$herlLocal SettingslTemporary Intemet FileslOLK42\Augsburg LS> Feas Opinion of Cost.xls
3/18/2008
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTIONS
8
81
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
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REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of modification of the resolution establishing the Richfield Transportation
Commission
I.
RECOMMENDED ACTION:
By Motion: Approve the resolution modifying the establishment of the
Richfield Transportation Commission.
I II.
B~K~OIDID I
On April 12, 2005 Council approved the creation of the Richfield Transportation
Commission. The resolution listed certain duties and described requirements for
those seeking to serve as members of the Commission. A review of the resolution
indicated no mention of whether or not the liaisons from the Planning Commission
or the Community Services Commission could be voting or non-voting members of
the Transportation Commission.
At the March 11, 2008 Council meeting the City Attorney explained that changes in
voting by the liaisons of other commissions should be done as part of changes in
the authorizing resolution. Attached to this report is a resolution that modifies the
original resolution with a possible change specifying that the liaisons do not have a
vote on Transportation Commission business. Also, there was sOl11ediscussion on
0325 Transportation Commission
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when the change, if made, should go into effect. The revision could be put into
effect immediately or it could go into effect on January 1 , 2009 when new members
are. appointed to the Transportation Commission by the Council.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The Comprehensive Plan encourages citizen involvement in city
decision-making. The City Council formed the Transportation
Committee to assist the Council in evaluating transportation issues.
I B. CRITICAL ISSUES I
. A concern for consistency among the procedures governing various
advisory commissions has been expressed by some Council
members.
I C. FINANCIAL
. N/A
In.
LEGAL I
. The City Attorney has recommended the Council consider possible
revisions to the authorizing resolution creating the Transportation
Commission.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council can choose to not modify the original resolution establishing the
Transportation Commission on April 12, 2005.
. If Council chooses to modify the resolution establishing the Transportation
Commission, Council can choose to have the new authorization put into
effect immediately, or on January 1,2009.
I V. ATTACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
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RESOLUTION NO.
RESOLUTION MODIFYING THE ESTABLISHMENT OF A RICHFIELD
TRANSPORTATION COMMISSION
WHEREAS, the City Council recognizes the importance that transportation planning
haspn the overall development of the City of Richfield;
WHEREAS, the City Council established a Richfield Transportation Commission on
April 12, 2005 to advise the Council on a variety of transportation issues and to encourage
citizen involvement in the City's decision-making process on transportation; and,
WHEREAS, it is the desire of the City Council to modify the resolution establishing
the Richfield Transportation Commission regarding the liaisons from other commissions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota that a Richfield Transportation Commission be established as follows:
1. The Commission will consist of 11 members. The City Council will appoint nine
members. The Community Services Commission and Planning Commission will each
appoint one member from their respective commissions to serve as members of the
Commission and as liaisons to their respective commissions. The liaisons from the
other commissions will serve as non-votinq members of the Transportation
Commission.
2. To be eligible for appointment, a person must bea resident or owner/manager of a
business in Richfield and must have an interest in diverse transportation or
environmental issues. It is desirable that each Council Ward be represented by three
residents or owner/managers of businesses.
3. The Council shall appoint three members to an initial term of two years, three members
to an initial term of three years, and three members to an initial term of four years. All
subsequent Council appointments shall be for a term of three years, except when filling
a vacancy in an unexpired term. The Community Services Commission and Planning
Commission shall establish the length of the term for their respective appointees at the
time of the appointment, but the term may not exceed the remaining term of the
appointee's membership on the appointing commission.
4. Members serve at the pleasure of the appointing authority and may be removed at any
time. When a vacancy occurs, the appointing authority shall appoint a person to fill the
unexpired term of the vacated seat.
5. The Commission shall be advisory to the City Council on transportation matters
including: (1) review of policy plans on the state, regional or city level; (2) encourage
citizen involvement in the City's decision-making process on transportation issues; (3)
conduct transportation studies; and, (4) oversee the planning of transportation projects.
6: The Commission will be charged to recommend transportation capital improvements
and prepare reports to the City Council on other related topics that the Council refers to
it.
7. A seat on the Commission is deemed vacated upon any of the following: (a) death; (b)
failure to attend three (3) consecutive regular meetings of the Commission without an
excused absence; (c) removal of legal residence in the City; (d) resignation in writing
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presented to the Mayor; (e) removal by the appointing authority; or (f) election or
appointment to a public office. An absence is excused if a member provides advance
notice to the city staff or the Chair that the member cannot attend a meeting.
8. In addition to the designated number of members to serve on the Commission, each
January, the City Council shall designate a Council Member as liaison and a second
Council Member as alternative liaison to this Commission.
9. This resolution will become effective (immediately) or (on January 1,2009.)
PASSED by the City Council of the City of Richfield this 25th day of March, 2008.
Debbie Goettel
ATTEST:
Nancy Gibbs, City Clerk
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AGENDA SECTION:
AGENDA ITEM #
~PORT #
RESOLUTIONS
9
82
STAFF REpORT
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
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i ':'" .!'
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REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing and directing the use of the power of eminent domain
and authorize staff to make settlement offers for the purchase of land needed to complete the
Lvndale Avenue Bridge over 1-494 Proiect.
I. RECOMMENDED ACTION:
By Motion:
· Approve the Resolution authorizing and directing the use of the
power of eminent domain, as necessary, to acquire certain lands,
easements, and other rights and Interests for the purpose of
reconstruction of the Lyndale Avenue Bridge over Interstate 494.
· Authorize staff to make settlement offers for the purchase of partial
right-of-way takings located at 700-1150 W. 78th Street, 7745
Lyndale Avenue, 400 W. 78th Street and 500 W. 78th Street.
I II. BACKGROUND I
The Replacement of the Lyndale Avenue Bridge over 1-494 requires the acquisition
of additional right of way in Richfield, including partial acquisition of land, easements
and changes in access to four parcels of commercial property. The parcels affected
0325 Lyndale Condemnation
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are the Shops at Lyndale, the Richfield Inn, Richfield Bloomington Honda and Tires
Plus.
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The Council approved offers on February 26, 2008 on three of the four parcels. An
offer was made earlier on the fourth parcel and did not require Council approval due
to the offer being under $25,000.
It is now necessary to begin eminent domain proceedings on all four parcels to
maintain the current construction schedule. Under this schedule the project will be
bid this summer with construction beginning in September 2008. Before the project
can be bid, the City must have control of all the land needed to build the project.
It is the City staff's intent to continue to negotiate with all four property owners to
avoid condemnation proceedings. However, if those negotiations are not
successful, the City may have to obtain the properties through eminent domain. To
assist the negotiations City staff is recommending increasing the offers (See
attached Exhibit B) to encourage affected property owners to settle quickly and
avoid the time and expense of condemnation proceedings. If approved by the
Council, the offers will remain open until April 15, 2008, which is the anticipated
date for filing of the condemnation action.
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The filing of the condemnation action is necessary to ensure that the project may
proceed on schedule, but the City staff or Council will have the opportunity to review
budget issues at other critical decision points before the project proceeds. Those
decision points include: making the quick-take deposit in the condemnation
proceedings (staff decision point); approving final settlements on land acquisition
(Council decision); and awarding the contract for construction (Council decision).
The Council may go into closed session to consider the proposed settlement offers.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Right of way acquisition procedures set forth by the Minnesota
Department of Transportation and the Federal Highway Administration
are being followed.
I C.
I B. CRITICAL ISSUES I
. The eminent domain process must begin now in order to keep the
project on schedule for a summer 2008 bid opening.
. All property must be acquired before bids can be let for the project.
FINANCIAL I
. Federal Highway High Priority Project (HPP) funds will pay 100% of
the cost to acquire the necessary right of way.
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I D. LEGAL
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The City attorneys have overseen the right of way acquisition process
and will be available to answer any questions.
If eminent domain proceedings are required, the property owners'
rights to attorney fees under Minnesota law are determined by
comparison of the final award to the last written offer prior to filing the
condemnation action. The proposed settlement offers are expected to
be the last written offers prior to initiating condemnation.
Once condemnation proceedings are commenced, the Council may
discontinue those proceedings before a quick-take deposit is made; if
the Council does so, it will be required to reimburse property owners
for their attorneys fees and expenses in the proceeding.
After a quick-take deposit is made, the City is required to pay for the
property interests it has acquired, in whatever amount may be
determined by the court-appointed commissioners or by a jury on
appeal.
I IV. ALTERNATIVEREcOMMENDATION(S) I
. Council may choose to delay approval of the use of the power of eminent
domain to acquire the necessary properties. This would result in a one-year
delay in construction of the Lyndale Avenue Bridge with a resultant increase
in construction costs.
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ATTACHMENTS I
. Resolution authorizing and directing the use of the power of eminent domain,
as necessary, to acquire certain lands, easements, and other rights and
interests for the purpose of the reconstruction of the Lyndale Avenue Bridge
over Interstate 494.
. Exhibit B: List of Interests Being Acquired with initial and adjusted offers.
. Parcel sketches outlining the four properties impacted by the Lyndale
Avenue Bridge Project.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
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RESOLUTION NO.
. AUTHORIZING AND DIRECTING THE USE 01: THE POWER OF EMINENT DOMAIN,
AS NECESSARY, TO ACQUIRE CERTAIN LANDS, EASEMENTS, AND OTHER
RIGHTS AND INTERESTS FOR THE PURPOSE OF THE RECONSTRUCTION OF
THE LYNDALE AVENUE BRIDGE OVER INTERSTATE 494
WHEREAS, the City Council of the City of Richfield ("City") is the official
governing body of the City of Richfield, Hennepin County, Minnesota; and
WHEREAS, the City of Richfield, a Minnesota municipal corporation, acting by
and through its City Council, is authorized by law to acquire real estate which is needed
for public use or purpose; and
WHEREAS, the City of Richfield, acting cooperatively in conjunction with the
Minnesota State Department of Transportation ("MnDOT"), intends to reconstruct the
Lyndale Avenue Bridge over Interstate 494, together with associated ramping
improvements and approaches (the "Bridge Project"); and
WHEREAS, the City of Bloomington desires and supports the construction of the
Bridge Project; and
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WHEREAS, the construction of the Bridge Project will require the acquisition of
various lands, easements, and other rights and interests in both the City of Richfield and
the City of Bloomington; and
WHEREAS, the Cities of Richfield and Bloomington have entered into a
cooperative agreement pursuant to which the City of Bloomington has agreed to acquire
the lands, easements, and other rights and interests needed in Bloomington for the
Bridge Project; and
WHEREAS, the lands, easements, and other rights and interests that are
required in Richfield for the Bridge Project are described on Attachment A hereto; such
rights and interests are required from the properties denoted as Parcels 1, 3, 9 and 11
and described in said attached Exhibit A; and
WHEREAS, City representatives have been in contact with or have met
personally with representatives of the Owners of each of the Parcels and have
attempted to explain the need for each of the partial takings; and
WHEREAS, the City has retained independent fee appraisers to determine the
just compensation due to each of the Owners of Parcels 1, 3, 9 and 11; the City has
made an offer to purchase the needed rights and interests from each of the Owners;
and the City has provided to the Owners a copy of the appraisal report used as the
basis for the City's offer to each of the Owners; and
. WHEREAS, the Bridge Project construction schedule contemplates that work
would begin in the fall of 2008; and
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WHEREAS, it is necessary that the Cities have title and possession to the
necessary right of way interests for the Bridge Project before the construction contracts-
. may be let; and
WHEREAS, the City Council finds that it is reasonably necessary, proper, and
convenient, and in the interest of the public health, safety, and general welfare of the
citizens of the City that title and possession of the lands, easements, and other rights
and interests described on the attached Exhibit A be acquired for the purposes of the
Bridge Project; and
WHEREAS, the City Council finds that the construction schedule for the Bridge
Project makes it necessary to acquire title and possession of the lands, easements, and
other rights and interests described on the attached Exhibit A prior to the filing of the
final report of the condemnation commissioners to be appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, as follows:
1. It is the considered judgment of the City Council that title and possession of the
lands, easements, and other rights and interests described on the attached
Exhibit A be acquired for the stated public purpose for constructing the Bridge
Project and that these rights and interests be acquired through a negotiated
purchase and, if necessary, through the exercise of the power of eminent domain
and the use of the quick take procedure.
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2. The City Manager and the City Attorney are authorized and directed to take all
steps necessary to acquire the lands, easements, and other rights and interests
described on the attached Exhibit A by filing an action in eminent domain and by
the use of the quick-take procedure pursuant to Minnesota Statutes, Section
117.042.
The foregoing resolution was moved by Councilmember
and seconded by Council member
The following voted in the affirmative:
The following voted against:
Councilmember
was absent.
Adopted by the City Council this 25th day of March, 2008.
Debbie Goettel, Mayor
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ATTEST:
Nancy Gibbs, City Clerk
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EXHIBIT A
. Parcel 1: (Parcel identification not yet assiqned).
Property Address: Not available
Leqal Description of Property:
Lot 2, Block 1, THE SHOPS AT L YNDALE, according to said plat on file and of
record in the office of the County Recorder, Hennepin County, Minnesota.
Leqal Description of Easements to be Acquired:
.
A perpetual, non-exclusive easement for public right-of-way purposes over, under,
across and through that part of the Property which lies southerly of the following
described line: Commencing at the squthwest corner of said Lot 2; thence North 86
degrees 49 minutes 57 seconds East, assumed bearing along the south line of said
Lot 2, 439.92 feet, to the point of beginning of said line to be hereinafter described;
thence North 73 degrees 22 minutes 25 seconds East, 48.54 feet; thence easterly,
182.55 feet, along a tangential curve, concave to the south, having a radius of
576.26 feet and a central angle of 18 degrees 09 minutes 01 seconds, to the point
of compound curvature; thence easterly, 49.20 feet, along a tangential curve,
concave to the south, having a radius of 1628.50 feet and a central angle of 01
degrees 43 minutes 52 seconds, to the point of reverse curvature; thence easterly,
16.26 feet, along a tangential curve, concave to the north, having a radius of 582.50
feet and a central angle of 01 degrees 35 minutes 58 seconds, to the southeasterly
line of said Lot 2, and said line there terminating.
A perpetual, non-exclusive easement for utility and drainage purposes over, under,
across and through a strip of land 10.00 feet in width over that part of the Property,
. the southerly line of which is contiguous with the northerly line of the above
described permanent easement for right of way purposes.
Said strip of land is to extend by its full width from said south line of Lot 2, to said
.southeasterly line of Lot 2.
Parcel 3: (PID No. 34-028-24-33-0081 and 34-028-24-33-0082).
Property Address: 7745 Lyndale Avenue South. Richfield, MN and 7701 Lyndale
Avenue South. Richfield, MN
L, ;
Leqal Description of Property:
Lot 1, Block 1, and Outlot A, Hampton Richfield, Hennepin County, Minnesota.
..
Leqal Description of Interest to be Acquired:
Right of egress from Lot 1, Block 1 and Outlot A, Hampton Richfield, Hennepin
County, Minnesota to Lyndale Avenue South; reserving to the property the right of
egress from Lyndale Avenue to the property.
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Parcel 9: (PID No. 34-028-24-33-0006)
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Property Address: 500 78th Street West, Richfield, MN.
Leoal Description of Property:
That part of the East % of the SW % of the SW % of the SW % of Section 34,
Township 28, Range 24, lying South of the North 324 feet thereof and lying North
of the Northerly right-of-way line of Highway No. 494, Hennepin County, Minnesota.
Except the east 30.00 feet thereof.
Leoal Description of Easements to be Acquired:
A perpetual easement for public right-of-way purposes over, under, across and
through that part of the Property which lies southeasterly of the following described
line: Beginning at a point on the east line of the Property, distant 18.90 feet north of
the southeast corner of the Property, as measured along said east line; thence
southwesterly to a point on the southerly line of the Property, distant 17.42 feet
westerly of said southeast corner of the Property as measured along said southerly
line and said line there terminating.
Parcel 11 : (PID No. 34-028-24-33-0080 and 34-028-24-33-0007).
Property Address: 400 West 78th Street, Richfield, MN
.
Leoal Description of Property:
Parcel 1: That part of the East 65 feet of the West Quarter of the Southeast Quarter
of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28,
Range 24, lying South of the North 314.25 feet thereof, and lying Northerly of a line
funning from a point in the East line of the West Quarter of said Southeast Quarter
of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the
Southeast corner thereof, to a point In the West line of said Southeast Quarter of
the Southwest Quarter of the Southwest Quarter distant 150 feet North of the
Southwest corner thereof.
Parcel 2: That part of the West Quarter of the Southeast Quarter of the Southwest
Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying
South of the North 230 feet thereof and lying Northerly of the following described
line running from a point in the East line of the West Quarter of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of
the Southeast corner thereof to a point in the West line of said Southeast Quarter of
the Southwest Quarter of the Southwest Quarter distant 150 feet North of the
Southwest corner thereof, except that part of the East 65 feet of said tract lying
South of the North 84.25 feet thereof.
.
Parcel 3: All that part of the East Three Quarters of the Southeast Quarter of the .
Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North,
Range 24, West of the 4th Principal Meridian, lying West of the East 330 feet thereof
and South of the North 220 feet thereof and North of the North line of State
Highway, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
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Parcel 4: The North 220 feet of all that part of the East Three Quarters of the
Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section
34, Township 28 North, Range 24, West of the 4th Principal Meridian, lying West of
the East 330 feet thereof.
Also: The South 155 feet of the North 230 feet of the West Quarter of the
Southeast Quarter of the. Southwest Quarter of the Southwest Quarter, Section 34,
Township 28, Range 24, according to the United States Government survey thereof
and situate in Hennepin County, Minnesota.
Parcel 5: The South 45 feet of the North 75 feet of the North 230 feet of the West
Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota.
Leqal Description of Easements to be Acquired:
. A perpetual, non-exclusive easement for utility and drainage purposes over, under,
across and through that part of Parcel 3 of the Property lying south of a line drawn
parallel with and distant 120.00 feet north of the south line of the Southeast Quarter
of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28,
Range 24, Hennepin County, Minnesota. .
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
OTHER BUSINESS
10
83
........
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
CHERYL KRUMHOLZ, EXEC. COORDINATOR.
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
[!(
ITEM FOR COUNCIL CONSIDERATION:
Consideration of appointments to City advisory commissions.
.
I. RECOMMENDED ACTION:
By motion: Appoint persons to fill vacant terms on the City advisory
commissions.
I II. BACKGROUND I
Several terms of City commission members expired on January 31,2007. In addition,
there were mid-term vacancies due to resignations that needed to be filled. Some
appointments were made at the January 23 and February 12, 2008 City Council
meetings. However, there are vacancies remaining on some commissions. .
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City advisory commissions were established by City ordinanc~ or
resolution. Terms are for three-years and are staggered. Several terms
expire on January 31 annually. The Council directs the City Manager's
office to conduct a recruitment seeking applicants to fill the vacancies.
Interviews of the applicants are conducted at Special City Council
meetings. These Council meetings were posted in accordance with the
open meeting law requirements.
0325commission
.
.
.
.
.
.
lB.
CRITICAL ISSUES I .
. Applicants were interviewed at a Special City Council meeting on March
25, 2008.
. There are mid-term vacancies, which need to be filled.
. In order to ensure quorums for future meetings, appointments should be
made on March 25, 2008.
I IV. ALTERNATIVE RECOMMENDATION(S) . I
. Defer appointments to a later Council meeting.
I V. ATTACHMENTS
. Commission vacancy list
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
.
.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
RESOLUTION
15
84
.......
STAFF REpORT
RICHFIELIJ
CITY COUNCIL MEETING
MARCH 25, 2008
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANGER
NluE, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Summary review of City Manager annual performance evaluation and consideration of
resolution adiustina compensation for 2008.
.
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution adjusting the City Manager's
compensation for 2008.
~ BACKGROUND I
The City Council has conducted a performance review of the City Manager for 2007
and must now, per State Statute, make a summary report of the outcome of that
evaluation. In addition, the City Council has reviewed the compensation of the City
Manager and has concluded that an adjustment should be made.
As part of the evaluation process, the City Council may want to review the goal
accomplishments of the City for 2007.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Manager is given an evaluation by the City Council each year
as part of the City Manager's contract.
. As part of the evaluation process, a review of the City Manager's
compensation package is also performed each year.
0325CityManager
.
.
.
.
.
.
. As compensation comparisons, salaries of City Managers in comparable
cities are considered, as is the base salary structure adjustments of other
City employees.
I B. CRITICAL ISSUES I
. The annual performance evaluation is typically conducted in January or
early February of each year.
I C. FINANCIAL I
. The City Manager requested that the City Council consider only a salary
adjustment and no other compensation adjustments.
I D. LEGAL I
. The City Manger's contract with the City requires that an annual
performance evaluation be conducted.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council may defer the compensation portion of this review to a
future meeting.
I V. ATTACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
.
.
.
.
.
/5-{
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
'I
\
The following section of the Employment Agreement between the City of Richfield,
Minnesota and Steven L. Devich,. City Manager, dated February 2005 is amended as
follows:
Section 5. Salary. Employer agrees to increase the City Manager's total base
annual salary of $124,680~80 (including $3,500 of deferred compensation annually) to
$ (including $3,500 of deferred compensation annually), effective February
24, 2008 payable in installments at the time as other employees of the employer are paid.
Approved by the City Council of the City of Richfield this 11th day of March 2008.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.