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07-22-03 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 22, 2003 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS ___ Call_to..cu-der Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to Three minufes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Meeting of July 3, 2003; (2) Special Concurrent City Council/HRA Worksession of July 8, 2003; and (3) Regular City Council Meeting of July 8, 2003 PRESENTATION 1. Presentation of Certificate of Recognition for League of Women Voters 50th Anniversary Notes: COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits • Council Chamber Rental Notes: CITY. MANAGER'S REPORT 3. City Manager's report -- Notes: AGENDA APPROVAL - 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A: `Consideration of`~a~proval of first read'mg ofamendment to"Richf'ield` City Code Sections 400 and 320 to update City building regulations-#o comply-j-vith-latest version of State Building Code and State Fire Code and scheduling public hearing and second reading for September 9, 2003 S.R. No. 158 B. Consideration of approval of first reading of ordinance amendment to City Administrative Code Chapter 1, Subsection 100~07-adopting reference to Minnesota Statutes and Rules and scheduling second reading for September 9, 2003 S.R. No. 159 C. Consideration of approval of resolution authorizing publication of summary legal notice for vacation of 6500 block of Xerxes Avenue S.R. No. 160 D. Consideration of approval of resolution authorizing application to Metropolitan Council for Livable Communities Demonstration Program grant for City Bella S.R. No. 161 E. Consideration of approval of canceling Tuesday, August 26, 2003 City Council meeting S.R. No. 162 F. Consideration of approval of two year lease between City of Richfield and Tom Price for rental of 4,690 square-foot. strip of lane along edge of Lincoln Field S.R. No. 163 G. Consideration of approval of resolution adopting Public Purpose Expenditure Policy S.R. No. 164 H. Consideration of approval of award of contracts for sale and removal of homes and garages on 18th Avenue to Otting House Movers for 11 homes and garages and Groh/Roberts Burns for 3 homes and garages; Airport Noise Acquisition Program S.R. No. 165 I. Consideration of approval of veterinary license renewal for Veterinary Radiation Therapy Clinic, Inc., 1208 East 66th Street S.R. No. 166 J. Consideration of approval of commercial kennel license renewal for: • Petco Animal Supplies, Inc., 710 East 66th Street S.R. No. 167 • Animal Care Clinic, 1208 East 66th Street S.R. No. 168 K. Considerafron of approval of veterinary license to operate veterinary clinic renewal for: • Woodlake Veterinary Hospital, 6436 Lyndale Avenue S.R. No. 169 • A Caring Doctor, Minnesota P.A. dba Banfield Pet Hospital, 1100 West 78th Street S.R. No. 170 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: 'PUBLIC. HEARINGS 7. Public hearing and consideration of resolution adopting special assessment roll for 2002 removal of diseased trees from private property Staff Report No. 171 Notes: 8. Public hearings and consideration of resolutions adopting special assessment rolls for 2002 maintenance services and resolutions ordering current 2004 maintenance services • 77th Street maintenance Staff Report No. 172 Notes: • Lyndale/HUB/Nicollet maintenance Staff Report No. 173 Notes: PROPOSED ORDINANCES 9. Consideration of second reading of amendment to Richfield City Code Subsection 601.15, Subd. 10 allowing single-sort recycling in Richfield Staff Report No. 174 Notes: 10. Consideration of second reading of amendment to Richfield City Code Section 915.07, Subd. 1 referring user false alarm fees to fee schedule m Appendix D of City Code Staff Report No. 175 Notes: 11. Consideration of second reading of ordinance adding Richfield City Code Section 1131 regulating sales of consumer fireworks;. resolution amending Appendix D with new license fee; and resolution approving publication of summary legal notice of ordinance Staff Report No. 176 Notes: OTHER BUSINESS 12. Consideration of consultant agreement with WSB and Associates, Inc. for design of new Lyndale Avenue bridge at I-494 in amount of $1,871,682.20 and Memorandum of Understanding between City of Richfield, Minnesota Department of Transportation and City of Bloomington Staff Report No. 177 Notes: HRA EXECUTIVE DIRECTOR'S REPORT 13. HRA Executive Director's report Notes: 14. 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 opportunify 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: 15.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING .TULY 22, 2003 Other Business 12 177 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~~ SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of approving a consultant agreement with WSB and Associates, Inc. for the design of a new Lyndale Avenue Bridge at I-494 and approving a Memorandum of Understanding between the City of Richfield, the Minnesota Department of Transportation (Mn/DOT) and the City of Bloomington. I. RECOMMENDED ACTION: By Motion: Approve a consultant agreement with WSB and Associates, Inc. for the design of a new Lyndale Avenue Bridge in the amount of $1,871,682.20, and approve the Memorandum of Understanding between the City of Richfield, the Minnesota Deaartment of Transportation (Mn/DOT) and the. Cit of Bloomin ton. II. BACKGROUND On March 25, 2003 the City Council authorized Staff to solicit requests for proposals (RFPs) for professional engineering services for the design of a new Lyndale Avenue Bridge at I-494. The City received 6 proposals from different engineering firms in the Twin City area. A selection committee comprised of two Richfield staff persons, one Bloomington staff person and two Mn/DOT staff persons evaluated the proposals and selected two consulting firms to interview. The two finalist chosen were URS Corporation and WSB and Associates Inc. The selection 0722Lyndale Bridge Consultant Selection committee then picked WSB and Associates Inc. based on their staff experience, understanding of the project, and value. A work plan that lists the scope of services to be provided in the agreement is attached. The estimate of cost for this agreement is $1,871,682.20. Federal High Priority Project funds will pay for 80% of the design costs. Staff proposes to use the City's Municipal State Aid (MSA} funds (gas tax dollars) for the 20% local share on the design work, about $400,000. The City will have to borrow against future years' MSA allotments to pay for the local share. The City's Capital Improvement Program (CIP) will need to be revised to include municipal-state aid funds for the design of the Lyndale Avenue Bridge. Staff will be revising the 2003, `04 and `05 CIP to include the State aid funding (See attachment.) A Memorandum of Understanding (MOU) has been prepared among the three participating agencies, the City of Richfield, the City of Bloomington and Mn/DOT. The MOU is anon-binding agreement that outlines the responsibilities and intent of the participating agencies in implementing this project. The work required to complete the overall project can be broken down into four major areas, preliminary design, final design, right-of--way acquisition and construction. The attached MOU details each of the agency's participation in these areas of work. The preliminary and final design work will be covered in the consultant agreement between. WSB and Richfield. The City of Bloomington does not plan to contribute any funds to the design of the bridge. It is anticipated that _ City of Bloomington will cover the 20% local match for right-of-way acquisition in its city, as would be the same with Richfield. Mn/DOT will be contributing $5.5 million toward the construction of the bridge and will be providing the personnel for contract administration and inspection, having a value of $2.5 million. The City of Richfield and the City of Bloomington will explore using special assessments on the adjacent business area to help fund a portion of the costs with this project. As part of the MOU, the City of Richfield requested a milestone be placed after the completion of the preliminary design work. At that time, the final layout of the I-494 and Lyndale Avenue interchange will be complete and the right-of--way impacts will be known. An updated estimate of the cost to complete the project could then be made. The participating agencies would then enter into a funding agreement to complete the rest of the project. The agreement would detail the funding commitments of each of the agencies and the timing of completing the remaining. work. III. BASIS OF RECOMMENDATION A. POLICY • The Lyndale Avenue Bridge over I-494 is inadequate to handle existing and projected traffic volumes and needs to be replaced. • The reconstruction of I-494, including the Lyndale Avenue Bridge, has been identified as a priority of the City's. Comprehensive Plan. • WSB and Associates Inc. is a qualified engineering firm with experience in bridge design. • The Lyndale Avenue Bridge has been identified in the City's CIP for design work. B. CRITICAL ISSUES • The project will require additional federal funds before construction can begin. Completion of the design work increases the City's chances to secure the additional federal funds. C. FINANCIAL • The consultant agreement will be funded with 80% federal monies and a 20% local match by using the City of Richfield's Municipal State Aid Funds (gas tax dollars). • See the attached proposed revisions to the Capital Improvement Budget. • Experience from the Penn Avenue Bridge has benefited staff in preparing a detailed scope of services for the design work. The work activities have increase from 10 to 21 when comparing the old Penn Avenue Bridge contract to the new Lyndale Avenue Bridget contract. This has resulted in a more accurate cost proposal for the design work. D. LEGAL • The City Attorneys have reviewed the consultant agreement and MOU. • The City followed federal regulations governing the selection of consultants. 1 V . ALTERNATIVE KECOMMENDATION(S) ~ • Council may choose to award the design agreement to URS. Both firms were __ determined by the Review Committee to be qualified to perform the work. • Council may choose to delay awarding the design agreement until all parties sign the MOU. This will delay the start of the design work.. I V . ATTACHMENTS I • Proposed revisions to the Capital Improvement Budget • Consultant Work Plan with cost estimate for the design services • Draft Memorandum of Understanding between Richfield,. Mn/DOT and the City of Bloomington. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None antici Revised 2003 Capital Improvement Budget For 77th &Lyndale and Lyndale Avenue Bridge Project Project Costs Preliminary Design Work $ 450,000 Funding sources Municipal State Aid (Gas tax revenue) $ 90,000 Federal Grant (High Priority Project funds) $ 360,000 ..Revised 2004 Capital Improvement Program For 77th &Lyndale and Lyndale Avenue Bridge Project Project Costs Final Project Design Work $ 1,550,000 Funding sources Municipal State Aid (Gas tax revenue) $ 310,000 Federal Grant (High Priority Project funds) $ 1,240,000 Revised 2005 Capital Improvement Program For 77th &Lyndale and Lyndale Avenue Bridge Project Project Costs Project Acquisition and Construction Funding sources Municipal State Aid (Gas tax revenue) State Grant Federal Grant (High Priority Project funds) Special Assessments $29,500,000 $ 600,000 $ 5,500,000 $21,700,000 $ 2,000,000 The preliminary estimate of cost for the overall project is as follows: Preliminary Design $450,000 Final Design $1,550,000 Right-of-Way Acquisition $4,500,000 Construction $25,000,000 Total Cost $31,500,0.00 t~ This is Ezlubit H, consisting of 16 pages, referred to _ in the Agreement Between OWNER and ENGINEER for Professional Services. Initials: OWNER ENGINEER Lvndale Avenue bridge over I-494 nreliminarv and final design WORK PLAN SCHEDULE The following Scope of Services outlines in greater detail the tasks required to fulfill the objectives of the Project. Table 1 provides a summary. by task of the estimated hours for each task. TASK 1.0: PROJECT COORDINATION Description: Maintain project control through internal team meetings, team meetings with City staff and through other forms of communication. Snbtasks: • Schedule and conduct initial meeting of Project Team, Mn/DOT, the City of Bloomington and the City of Richfield staff. • Identify roles of key personnel and establish communication procedures - - • Review and concur in responsibilities of consultant, Mn/DOT Bloomington, and the City of Richfield • Form a Technical Advisory Committee (TAC) • Establish submittal requirements, review dates and overall project schedule • Establish need and frequency of ongoing Project Team and TAC meetings/reviews. Participate in meetings and document meeting minutes. • Monitor progress and manage WSB staff and subconsultants. • Prepare and submit monthly status reports on project progress. • Respond to requests for attendance at City-initiated meetings to discuss project. • Implement and oversee quality control plan. • Assist City staff with funding determination and cost splits. • Ensure application of Quality Assurance/Quality Control procedures • Coordination meetings between bridge and roadway design • Prepare detailed project schedule outlining work tasks, personnel assignments, project milestones and deliverables. Review and update schedule on a monthly basis. • Hold project team meetings as necessary to keep project team up to date on project. • Establish project file control system and distribute to project team. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 1 1. ~ .. • Monitor project budget and work progress. -~ • Prepare subconsultant contracts • Prepare work orders for task managers. Deliverables: Project Schedule Chart, Project Budgeting, Project Team Meeting Minutes-Memoranda, Progress Reports -Memoranda, Work Orders and Subcontracts, Quality Control Plan. TASK 2.0: PUBLIC INVOLVEMENT PLAN Description: Plan for and implement a public involvement plan that engages the affected businesses and neighborhoods in both Richfield and Bloomington and provides an opportunity for input into the design of the interchange and the staging of construction. Subtasks: • Prepare public involvement plan • Prepare for and present information to Technical Advisory Committee (24 meetings) • Make presentations to Richfield and Bloomington Traffic Commissions, Planning Commissions and City Councils (12 meetings) • Prepare for and make presentations to Neighborhood Groups (4 meetings) • Meet with affected property owners to explain alternatives and get input (15 meetings) • Prepare for and make presentations at Public Meeting (2 meetings) • Prepare minutes and meeting summaries for above meetings • Prepare graphics and other materials for posting on web site Deliverables: Public Involvement Plan; Technical Advisory Committee Meetings; Presentations to Planning; Commissions City Councils; Neighborhood/Public Meetings; Property Owner Meetings; Newsletters; Internet Materials; Meeting Minutes and/or Notes TASK 3.0: BASE MAPPING/SURVEYING Description: Obtain planimetric mapping and Digital Terrain Model from Mn/DOT and prepare data for design application. Subtasks: • Obtain existing electronic files of mapping and DTM from MnDOT or the City of Richfield • Incorporate base mapping comments from local agencies. • Perform supplementary field surveys as needed to update base map. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 2 r- _ _ _ • Supplement base map with existing right-of--way information. The information to be collected is as follows: - Geographical Information System (G.I.S.) Parcel Mapping - Existing right-of--way plats - Existing subdivision plats - Existing street and utility easements of record - Section corner ties and section calculation sheets - Geodetic control datum - County half-section maps _ - Ownership and Encumbrance Reports on adjoining pazcels. • Add as-built utility data as base map layer. • Conduct in-place ROW and property boundary surveys and prepare landline basemap suitable for utilization for ROW basemap and individual parcel acquisitions. Includes preparation of 7 acquisition exhibits/descriptions. • Conduct Bridge Survey and provide survey data to design team. . Deliverables: Updated planimetric map, bridge survey and ROW base map. TASK 4.0: GEOTECHIVICAL SERVICES Description: Perform soil borings, investigate subsurface conditions, determine R-values and perform tests on selected soil samples to provide recommendations on foundations for the bridge, retaining walls, pavement and embanlanents. Subtasks: • Develop soil boring program based on preliminary alignment and profiles, and review with MnDOT for approval. • Drill shallow borings along roadway alignment in accordance with approved program. (28 roadway borings) • Perform R-value tests on representative soil samples as needed to supplement existing data. ~ Drill foundation borings at proposed bridge substructure units and along retaining walls. (10 deep foundation borings for the bridge and 18 foundation borings for retaining walls.) • Perform laboratory testing on selected samples. • Prepaze report discussing exploration program, data obtained and foundation recommendations including R-Value Recommendations The above work will comply with accepted practices under Mn/DOTs Drilling Specifications. This will include the use of calibrated test hammers, appropriate test frequencies and meeting lab test requirements. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 3 The detailed scope includes an alternate program which incorporates state-of--the-art CPT testing, which is - familiar to and consistent with work performed by Mn/DOT's Foundation Unit. Deliverables: Geotechnical Subsurface Investigation, Soil Boring Logs, Soils Report and Foundation Recommendations including R-Values TASK 5.0: STAFF APPROVED LAYOUT/CONSTRUCTION LIlVIITS Description: Preparation of geometric layouts and compliance with MnDOT layout review process and preparation of final geometric layout used to determine right-of--way, either permanent or temporary, necessary to construct the project. Subtasks: • Develop geometric layout alternatives (flaps) for the I-4941ayout to address the lack of access between Lyndale Avenue and I-35W (up to 3 layouts). • Develop geometric layout alternatives (flaps) for the I-4941ayout to address the taking of homes to accommodate the 76~' Street access to northbound I-35W. • Develop geometric layout alternatives (flaps) for the I-4941ayout to address the alignment and tunnel length under the Lyndale Avenue bridge. • Conduct CORSIM analysis for alternatives that result in changes in access to I-494 or I-35W. • Conduct an operational analysis for alternatives to determine the impact on traffic operations on 76~' Street and at other key intersections that would experience increased trafi`ic. • Develop geometric layouts for Lyndale Avenue that address alternatives for addressing key design issues including: the need to replace the railroad tracks over I-494, the termination of frontage roads, access to adjacent businesses, and the alignment for Lyndale Avenue over I-494. • Develop final Lyndale Avenue layout for review by MnDOT and local agencies • Make revisions to Lyndale Avenue layout based on local agency review comments. • Make revisions to Lyndale Avenue layout based on MnDOT review comments and resubmit layout for signature. • Develop final typical sections and superelevation requirement for Lyndale. Avenue Bridge and ramps. • Generate preliminary cross-sections and initial construction limits. • Develop preliminary retaining wall locations. • Develop preliminary construction staging and traffic control plans to determine need for temporary encroachment beyond normal construction limits. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 4 ~- - • Develop preliminary storm trunk line locations -and utility relocation limits for temporary and permanent locations. • Generate construction limits based on all temporary and permanent construction. Deliverables: Alternative Layouts for Long-Term I-494 Improvements (3); Traffic Forecasts on Local Streets for Current and Alternative Layouts; Operational Analyses for I-494 Alternative Layouts; Preliminary Layouts for Lyndale Avenue Project (3); Final Staff Approved Layout for Lyndale Avenue including Construction Limits _ TASK 6.0: INTERCHANGE MODIFICATION REQUEST Description: Prepare and process an Interchange Modification Request in compliance with FHWA and Mn/DOT's Highway Project Development Process Manual (HPDP). Subtasks: • Prepare 20 year a.m. and p.m. hour traffic forecasts for the Lyndale Avenue layout assuming that the I-494 mainline improvements are not made. Forecasts should be developed for the alternative where Nicollet Avenue access to I-494 remains and for the condition where the Nicollet Avenue access to I-494 is closed. • Conduct a COSIM simulation analysis of the a.m. and p.m. peak hour volumes for both scenarios developed in the previous task. The simulation analysis will include both the Nicollet Interchange and the I-35W interchange along with Lyndale Avenue access. • Prepare an Interchange Modification Request that includes the above information along with the other information required by FHWA for approval of Interstate Access modifications including regional traffic needs and design standards and criteria that apply. • Coordinate Interchange Modification Request with MnDOT and FHWA. (3 Meetings) Deliverables: AM and PM Peak Hour Traffic Forecasts for Lyndale Avenue Project (2 Alt); CORSIM Analysis of I-494 Traffic Operations for Alt. Lyndale Layouts (2); Operational Analyses of Local Street System; Interchange Modification Request; Meetings with FHWA and MnDOT TASK 7.0: PROJECT COST ESTIMATING Description: Prepare preliminary and final engineering cost estimates for the 30%, 60%, 90% and Final plan submittals. Prepare cost splits for City/State agreements. Estimates for Alternatives Subtasks: • Prepare cost estimates for alternatives considered for I-494 and Lyndale Avenue by project element (bridge, retaining wall, storm sewer, etc.) Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 5 i ~ Prepare engineers estimate for Staff Approved Layout and at 30%, 60%, 90% and Final Cost opinion. • Develop cost participation layout and estimate cost splits by agency. Deliverables: Cost Estimates for Alternatives; Cost Estimate for Staff Approved Layout; Interim Cost Estimates at 30%, 60%, 90%; Final Cost Opinion with Final Const. Plans and Specifications TASK 8.0: GOVERNEMENT PERMIT APPLICATIONS Description: On behalf of the City, WSB will prepaze and submit applications and/or coordinate with all permitting agencies. Subtasks: • Review proposed project with permitting agencies as appropriate after preliminary plans and construction limits have been prepazed. • Determine input requirements for permits and coordinate data preparation with roadway designers. • Review critical permit requirements/commitments with Mn/DOT and City. - • Coordinate and submit applications as necessary with the following agencies: Board of Water and Soil Resources; Minnesota Department of Natural Resources; MPCA Storm Water Discharge; Watershed Districts; Metropolitan Waste Control Commission; Permit to Work in Mn/DOT ROW; Permit to Utilize Mn/DOT Storm Drainage. Deliverables: Permit Applications -Watershed Permits; Approval to Work in Mn/DOT ROW; Plan Approvals; and NPDES Construction Permit TASK 9.0: FIELD SURVEY Description: Perform field survey of the proposed project site and provide three dimensional electronic data to be used in preparation of bridge survey sheet and laying out of the bridge and approach roadway and ramps. Subtasks: prepare a complete topographical survey of the project site, include spot elevations, cross-sections, centerline profiles, all existing features and underground/overhead utilities. The survey data will be collected electronically in the field and downloaded directly to the project CAD file in the office. Design Lyndale bridge over I-494 July 8, 2003 Exhibit H - 6 r ~ _ • Establish proposed centerline of bridge and ramps Deliverables: Field survey data. Full topographic survey of project site and Updated Base Map TASK 10.0: RIGHT OF WAY PLAN Description: Prepare aright-of--way plan that can be used to obtain FHWA approval for right-of--way acquisition and can be used to acquire the permanent and temporary right-of--way and easements needed to build.the project. Subtasks: • Illustrate the existing right-of--way • Illustrate proposedright-of--way to be acquired (Permanent and temporary easements) with acreages. • Show Ownership information for parcels that will involve right-of--way takings • Show Parcel Identification Numbers • Submit for review by City and MnDOT • Finalize right-of--way plan based on City and MnDOT review comments • Prepare parcel drawings for each parcel where permanent or temporary easement is required. Deliverables: Right-of--Way Plan with Owner Information, Existing and Proposed Right-of--Way and PIN Numbers; Parcel Drawings; Right-of--way and Easement Descriptions TASK 11.0: DRAINAGE STUDY Description: Determine storm water drainage system that should be constructed for Lyndale Avenue Project including potential future I-494 drainage elements as well as storm water ponds for rate control and water quality. Subtasks: • Data Collection. This part of the work effort consists of gathering relevant water resource-related ~- information for the areas tributary to the Lyndale Avenue Bridge, including the following: • Water resource related agreements • As-built drawings of the existing trunk storm water conveyance system • Water resource related ordinances such as shoreland, floodplain, erosion control, storm. water, and/or wetland ordinances • Existing storm water policies for the City of Richfield and City of Bloomington • Available topographic maps of the City of Richfield and City of Bloomington • Existing hydraulic/hydrologic models Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 7 J. Information will be collected from the following agencies: Minnesota Department of Transportation, City of Richfield and City of Bloomington. • Develop Preliminary Drainage Study. The water resources data collected as part of the previous tasks will be analyzed, interpreted and modified to reflect the proposed construction. This will be used to develop the Preliminary Drainage Study. The Preliminary Drainage Study will include the following: • Determination of impacts of the proposed construction, including an increase in runoff rate and pollutant loading, it any. • Preliminary layout of proposed stormwater conveyance system. • Preliminary discussion of possible stormwater treatment systems. - • Integrate Existing Lyndale Lift Station into Drainage System. Once the stormwater impacts of the proposed project are determined, the Preliminary Drainage Study can address the most cost-effective means for integrating the new drainage system with existing systems, specifically the stormwater lift station located in the parking lot of the Shops at Lyndale. • Present Preliminary Drainage Study. The Preliminary Drainage Study developed as part of the previous tasks will be discussed with the project participants to build a consensus for the proposed drainage system that can be incorporated into the future long-term drainage improvements within the I-494 corridor. This will involve meeting with the Minnesota Department of Transportation, City of Richfield and City of Bloomington. • Develop Final Drainage Study. With the input received as part of the previous tasks, the Final Drainage Study will be developed that will meet the needs of the Minnesota Department of Transportation, City of Richfield and City of Bloomington. This will include both an interim drainage plan that can be modified to meet the requirements of the future drainage plan that will be needed as improvements to the I-494 corridor are made. Deliverables: - Stormwater Runoff Calculations; Proposed Stormwater Ponding Sites; Layout of Stormwater Conveyance System TASK 12.0: UTILITY COORDINATION Description: Identify existing public utilities that may require replacement or relocation as part of the Lyndale Avenue Project. Coordinate all design activities with private utility companies to identify the potential impacts to private utilities, all costs associated with the potential relocation of these facilities, and a schedule for relocation. The tasks that would be part of the utility coordination include the following. Subtasks: The utility aspect of this project will broken down into preliminary and final design stages to match the - bridge design. Preliminary Design Stage - Meet with City staff from both the Cities of Richfield and Bloomington to collect record drawing information as well as identify current system deficiencies that may need to be corrected as part of this project. Evaluate the impacts to the existing utility systems in both Richfield and Bloomington in regard to the proposed bridge and roadway improvements and also in relation to the long-term construction Design Lyndale bridge over 1-494 July 8, 2003 Extubit H - 8 .'' proposed for the I-494 corridor. Impacts to the existing system will be determined based on grade and alignment changes, right-of--way acquisition, and other project related factors. • Identify utility improvements or relocations required and review with City staffs in both Richfield and Bloomington. • Develop a preliminary cost estimate for utilities based on the identified modifications. Final Design - • Prepare plans and specifications for the necessary improvements and modifications to existing systems identified in the preliminary design phase. _ • Coordinate the design for replacement sanitary sewer and watermain facilities with the design of the bridge and roadways and include in the complete plan set for the project. • Coordinate with Centerpoint Energy, Xcel Energy, US West Communications and Time Warner Cable over the course of both design phases. • Determine potential impacts to fiber optic cables at 76`~ Street and Lyndale. • Coordinate with utilities to create a smooth work process and avoid unexpected costs due to relocation of any facilities Deliverables: Map of Existing Public and Private Utilities; Utility Letters Meetings with .Utility Owners; Final Utility Plan TASK 13.0: PROJECT STAGING PLANS Description: Develop construction staging plans that illustrates the sequencing of construction for the L,yndale Avenue Improvements including road closures and detour routes. Establish a construction schedule. Subtasks: • Develop preliminary construction staging plans during the preliminary design phase to determine the need for additional right-of--way and establish final alignments of roadways. These plans will address potential detour routes and the major stages of construction. • Develop detailed construction staging plans during the. final design process. The detailed construction staging plans would show all potential construction phases as well as proposed detour routes and signing during specific stages. • Establish alignments, profiles, typical sections, and cross-sections for all temporary roadways needed to accomplish the proposed construction staging plan. • Identify any special requirements that must be met during the construction process, including the number of through lanes that must be maintained on I-494, hours of construction, ability to close ramps or roadways, etc. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 9 ~- - - Deliverables: Preliminary Construction Staging Plan Showing Major Construction Phases; Preliminary Detour Plan for Bridge or Ramp Closures; Final Construction Staging Plan with Major and Minor Construction Phases TASK 14.0: TRAFFIC CONTROL PLANS Description: Develop detailed plans and notes showing the location of signs, barriers and pavement markings necessary to accommodate the construction staging within the project area or via a detour in a manner consistent with the MMITTCD Manual, Field Manual dated January 2001 for Temporary Traffic Control Zone Layouts, and Mn/DOT Metro Division practices. A tabulation showing the description and estimated quantities of traffic control devices by stage will also be prepared. Subtasks: • Develop signing plan for proposed detour routes • Develop signing, striping, barrier and pavement marking plans for each stage of construction Develop tabulation showing description and estimated quantities of traffic control devices by stage. Deliverables: Signing, Striping, Barriers and Pavement Markings for Each Stage of Construction TASK 15.0: PRELIlVIINARY BRIDGE STUDY AND PLANS Description: Prepare preliminary bridge plans for the Lyndale Avenue over I-494 Bridge and submit to MnDOT for approval and coordinate the bridge layouts with the I-494 and Lyndale Avenue plans. Subtasks: • Coordinate bridge preliminary layouts with the roadway design to reduce potential bridge costs • Evaluate alternative bridge framing schemes to determine most cost effective bridge type and framing scheme. • Finalize bridge geometry and layout for staff approved layout. • Determine preliminary location and length of retaining walls. • Evaluate construction staging of the bridge and related ramps • Evaluate bridge and retaining walls architectural treatment • Meet and discuss bridge alternatives and construction staging with both cities and MnDOT. • Select final bridge type and construction staging plan • Prepare preliminary bridge plans and submit to MnDOT for review and approval • Finalize retaining wall plans and profiles Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 10 r~ - • Submit preliminary bridge and retaining wall plans along with construction cost estimate and special provisions to MnDOT Bridge Office and MnDOT Metro District for their review. Deliverables: Preliminary bridge plans. Coordination with Staff Approved Layouts Alternative Framing Plans; Bridge Packets; Preliminary Bridge and Retaining Wall Plans; Cost Estimate TASK 16.0: FINAL BRIDGE DESIGN AND PLANS Description: Based on approved bridge preliminary plans, prepare the final construction plans and special provisions for the proposed bridge. Subtasks: • Design bridge superstructure deck and beams. • Have an independent analysis completed of the design of the bridge superstructure deck and beams. • Complete design of bolted field splices. • Design substructure piers and abutments. • Determine number and pattern of piles. • Design bridge footings • Complete final design of retaining walls • Prepare fmal construction cost estimate for bridge. Prepare final bridge construction plan sheets which will include: • General plan sheets • Abutment plan sheets • Steel plate beam sheets • Deck plan sheets • Bridge Standard plan sheets - Deliverables: Final bridge plans (as listed above). Final Structural Design Computations; Final Bridge and Retaining Wall Plans; Cost Estimate; Special Provisions TASK 17.0: SIGNAL JUSTIFICATION REPORT AND SIGNAL PLANS Description: Prepare a Signal Justification Report for the new Lyndale Avenue at I-494 ramp intersection, using existing traffic data provided by the City or Mn/DOT. Prepare plans for modification of the signal at 77~` Street and Lyndale Avenue. Design a new Single Point Traffic signal system for Lyndale Avenue and Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H -11 r~ coordinate the design of the new Signal System with the Integrated Corridor Traffic Management System (ICTMS) with Mn/DOT. It is assumed that Mn/DOT will prepare the Ramp Meter Design plans. Subtasks: • Collect existing traffic data from the City of Richfield and MnDOT for Lyndale Avenue at the I-494 ramps and 77~' Street • Prepare Signal Justification Report for Lyndale Avenue Single Point Diamond Interchange and modification of signal at Lyndale and 77~' Street • Prepare Traffic Signal Plans for Lyndale Avenue Single Point Diamond Interchange and modification of traffic signal at Lyndale and 77~' Street • Coordinate with MnDOT on signal interconnects requirements for I-494 Integrated Corridor Traffic Management System • Coordinate with MnDOT on ramp meter design plans Deliverables: -Signal Justification Report for Two Signals (Single Point and 77"x; Signal Plans for Two Signals (Single Point and 77`'`); Coordination with Mn/DOT on Ramp Meter Plans and integration with ICTM system TASK 18.0: LIGHTING PLAN Description: Develop a Lighting System plan for Lyndale Avenue. The plan will follow the Cities Light design standards. It is assumed that Mn/DOT will provide any High Mast lighting designs for I-494. Subtasks: • Prepare lighting plan for Lyndale Avenue that identifies type lights and spacing of lights • Provide details for construction of lights and bases. Deliverables: -Lighting Plan for Lyndale Avenue and Intersections; Coordination with Mn/DOT on Freeway Lighting Plans TASK 19.0: AESTHETIC DESIGN Description: _ Utilizing Mn/DOT aesthetic design guide for I-494 and aesthetic treatments used for Penn Avenue define aesthetic design treatments for the design elements of Lyndale Avenue including bridges, retaining walls, noise barriers, lighting, fencing, railings, signal poles, etc.. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H -12 1 ~ Snbtasks: • Obtain MnDOT Aesthetic Design Guidelines for I-494. • Document Aesthetic Design Treatments Used at Penn Avenue for each of the Project Elements • Review design guidelines and Penn Avenue treatments and identify treatments that will be utilized at Penn Avenue for each of the Project Elements • Develop Landscape Plan for Lyndale Avenue Interchange Improvements • Coordinate plans with MnDOT and Cities of Richfield and Bloomington • Make revisions based on MnDOT and city comments • Prepare final landscape plan. • Incorporate details and other plans for aesthetic design treatments on Lyndale Avenue Deliverables: Coordination with Mn/DOT and Cities on Aesthetic Design elements and Aesthetic Design Guidelines; Landscaping Plans and Details for other Aesthetic Design Elements TASK 20.0: I-494 BYPASS DESIGN AND CONSTRUCTION Description: Develop preliminary and final construction plans to realiagn eastbound I-494 to allow the placement of the bridge pier for the new Lyndale Avenue bridge in its permanent location. Subtasks: • Develop preliminary plan and profile for eastbound I-494 that fits with proposed Lyndale Avenue bridge. • Coordinate alignment and profile with the design for the Lyndale Avenue Bridge • Obtain MnDOT approval of the proposed alignment • Prepare final construction plans for the proposed realignment that includes plan, profile, typical section, pavement design, drainage and cross-sections. Deliverables: Preliminary and Final Construction Plans for Realignment of Eastbound I-494 Lanes TASK 21.0: FINAL ROADWAY PLANS AND SPECIFICATIONS Description: Prepare final construction plans for Lyndale Avenue and Ramps that includes all plan details and quantities in plan documents package for bidding purposes. The construction plans will incorporate plans that were developed under other tasks including the lighting plans, traffic signal plans, construction staging plans, traffic control plans, bridge plans, landscape plans, I-494 bypass plans, aesthetic design details, and utility relocation construction plans. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H -13 .r- Subtasks: • Assemble all plan sheets developed under previous tasks. • Complete final design and drafting of the following: Title Sheets; General Layout; Erosion Control Plan; Estimated Quantities; Tabulated Quantities; Earthwork Summary; Staging and Traffic Control; Typical Sections; Existing Topo and Removals; Alignment Plan and Tabulation; Planned Construction and Profiles; Drainage Plans; Utility Plans; Sanitary Sewer/Water Plans; Superelevation Details, Temporary Construction Plans; Soils Notes; Stand Plans; Construction Details; Cross Section Layouts; Final Cross Sections • Prepare Supplemental Specifications • Compute all earthwork and quantity of materials for construction. • Perform Quality Control of all design and drafting procedures. • Submit plans at 30%, 60% and 95% complete • Make revisions to plans based on City and MnDOT Review • Prepare final Construction Cost Estimate • Prepare final construction plan and specifications. • Print final plans Deliverables: Final Roadway Plans (as listed above) -Plan Sheets, Special Provisions -Document, Cost Estimate - Document30%, 60%, 95% Construction Plans for Lyndale Avenue and Ramps; Special Provisions TASK 22.0: BID DOCUMENTS AND ADVERTISING Description: Prepare the contract bid documentation for advertisement and contract letting. WSB & Associates, Inc. (WSB) will prepare the advertisement for bidding, coordinate the placement of the advertisement in the appropriate legal paper, and the Construction Bulletin. WSB will tabulate and verify each qualified bid received to certify the lowest responsible bidder. Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H -14 J Subtasks: • Prepare final construction bidding documents including special provisions, bidding instructions, bid proposal form and appropriate MnDOT attachments. • Prepare Special Provisions which include separate divisions for roadway, lighting, signage, signals, bridges, sanitary sewer, and water main to address special project requirements not covered under "Mn/DOT Standard Specification for Construction." Each special provision will contain a description, materials, construction requirements, method-of measurement, and basis of payment for each item. Deletion from and additions to Standard Specifications will be written and included as necessary. • Attend Pre-Bid Meeting to provide plan interpretation and answer design questions. Deliverables: Proposal Documents, Advertisement for Bids, Bid Tabulation Bid Documents; Advertisement for Bidding PARTICIPATION OF RICHFIELD, BLOOMNGTON, AND MNDOT WSB anticipates the City of Richfield's role in the project would be similar to their role on Penn Avenue Bridge Project and previous phases of the 77th Street project and would include: Review and Provide Input into Contract Documents Acquisition of Right-of-Way: This would include appraisals, offers, negotiations with property owners, and closing. Public Information and Outreach: It is anticipated that this would be a joint effort between the City and WSB with the City providing newsletters, and other mechanisms for the public to learn about the project and provide feedback such as a project hotline. WSB would participate in meetings with property owners and others to describe the project and schedules and provide other information needed by the City. City Review and Approval of Plans: The City should review and approve all plans and specifications. WSB will set up a systematic review process that will emphasize approval of concept designs before fmal plans are developed. WSB will provide the City with a schedule to indicate key review milestones and will schedule review meetings to walk City staff through the plans. The list below describes other responsibilities of the City and MnDOT CITY OF RICHFIELD • Provide City Contact-Project Manager • Have Regular Discussions with Consultant Project Manager • .Keep Consultant Appraised of Issues and Concerns of City and Others • Review and Pay Invoices • .Attend and participate in Technical Advisory Committee Meetings • Arrange and attend Property Owner, Neighborhood, Public and City Meetings Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 15 ~- • Brief Commissions and Councils Between Major Milestone Presentations • Provide Internet Site for Posting Project Information • Develop Mailing Lists for Notices and Send Public Notices • Provide Existing Base Mapping and Traffic Data • Provide Timely Review and Comments on Preliminary Layouts and Alternatives • Provide any Relevant Available GIS Data including Utility Data • Acquire Right-of--Way • Review and Comment on Project Staging Plans and Detours • Provide direction on Aesthetic Design Treatments _ • Review and Comment on Construction Plans and Specifications • Bold Bid Opening Meeting • Review and Provide Input into Contract Documents Mn/DOT ' Attend and participate in Technical Advisory Committee Meetings • Frovide Timely Review of Preliminary Layouts and Alternatives • Provide input on Freeway Operations Analysis and Interchange Modification Report • Coordinate with FHWA • Provide Timely Review of Construction Plans at Each Stage of Design • Provide Direction on Aesthetic Design Treatments • Provide Ramp Meter Plans • Provide I-494 Lighting Plan • Review and Provide Input into Contract Documents CITY OF BLOOMINGTON • Attend and participate in Technical Advisory Committee Meetings • Provide Timely Review of Preliminary Layouts and Alternatives • Provide Timely Review of Construction Plans at Each Stage of Design • Provide Direction on Aesthetic Design Treatments • Acquire Right-of--Way Design Lyndale bridge over 1-494 July 8, 2003 Exhibit H - 16 r- _ _ ~~~ ~~ ~.~1~ Table 1 Estimate of Cost Lyndale Avenue Improvements RICHFIELD, MINNESOTA Total Estimated Hours AL DESIGN PrincipaV Project Mena er Sr. Engineer/ Architect/ Planner Fiigiaseer/ Architect/ Planner Eng. Specieliat/ Sr. CADD Tech CARD Tech/Smv or Clerical Total Home Task No. Desc~iptron 1 PROJECT COORDINATION 2 PUBLIC INVOLVEMENT 800 420 480 420 40 110 40 120 24 160 40 1520 1134 3 BASEMAPPING/SURVEYING 4 80 8 48 96 8 244 4 GEOTECHNICAL INVESTIGATION B American and T ' 5 STAFF APPROVID LAYOUT/CONST.LIMITS 240 480 480 320 160 16 1696 6 INTERCHANGE MODIFICATION REPORT 80 160 320 120 40 40 760 7 PROJECT' COST ESTIMATING 40 120 120 8 8 4 300 8 GOVIsRAIIvlENT PERMIT APPLICATIONS 8 16 48 24 8 8 112 9 FIELD SURVEY 8 24 180 212 10 RIGHT-0F-WAY PLAN 40 120 80 120 40 4 404 11 DRAINAGE STUDY 8 8 200 120 40 8 384 12 UTILITY COORDINATION/PLANS 8 48 120 24 24 8 232 13 PROJECT STAGING PLANS 80 160 200 200 200 4 844 14 TRAFFIC CONTROL PLAN 4 80 80 40 80 4 288 15 BRIDGE STUDY/PACI{ETS 184 118 72 374 16 PRELIMINARY 8c FINAL BRIDGE PLANS 571 2998 3371 6940 RETAINING WALLS 80 420 480 980 17 SIGNAL JUSTIFICATION AND SIGNAL PLANS 4 24 80 68 8 4 188 18 LIGHTING PLAN 4 40 24 40 40 4 152 19 AESTHETIC DESIGN 48 80 24 8 4 164 20 I-494 BYPASS DESIGN & PLANS 4 120 240 160 320 4 848 21 ROADWAY CONST. PLANS AND SPECS. A Title Sheet and Index 4 4 8 8 8 4 36 B. Estimated Quantities 4 40 80 40 40 4 208 C. T ical Sections 8 40 80 40 80 4 252 E. Details and Quantities 24 80 320 120 200 4 748 -F. and Entrance Details 2 40 80 40 80 4 246 G. Tabulationv 2 40 80 80 40 4 246 K Erosion Control and Tmf Establishment Plan 2 40 80 40 80 4 246 I. Construction Plan and Profile 2 120 320 240 180 4 866 J. Ctoas-Sections 2 120 320 240 320 4 1006 K Plan Review and val 2 40 80 120 120 8 370 L. S ifications 24 80 8 112 22 BID DOCCTMENTS AND ADVERTISING 8 40 4 4 4 4 64 otal Hours 2719 6656 3650 6347 2428 376 22176 i otal Labor and Fs eases S1,871,682.20 This is the total project cost estimate and includes TKDA and Enviroscience hourx More detail is available if requested OverheadQa 140'/. 167,490.40 326,144.00 132,860.00 231,030.80 71,383.20 7,896.00 5936,804.40 erhead + Labor 287,126.40 559,104.00 227,760.00 396,052.80 122,371.20 13,536.00 S1,605,950.40 ofit 12.5 % 35,890.80 69,888.00 28,470.00 49,506.60 15,296.40 1,692.00 5200,743.80 otal Overhead + Labor+ Profit 323,017.20 628,992.00 256,230.00 445,559.40 137,667.60 15,228.00 S1,806,694.20 eases scellaneous S5,000.00 American Engineering and Testing S59,988.00 otal Ez nses 5224,601.86 Estimate of Total Costs Page 30 7/1/2003 MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPO ~~- N Tom: CITY OF RICHFIELD, AND THE CITY OF BLOOM. Ca ~~; '~ ~, .~:: This Memorandum of Understanding ("M.O.U.") is made b3 `t~ z'vT.' nncs~~ ~~ Department of Transportation ("Mn/DOT"), the city of Richfield (" ~ ~~ I d ~ Gn~~~~~~.~k GG 77 ~;~ r k4 1 "T i ~ ~l city of Bloomington ( Bloomington ). . + ,~ ' ~, ~. WHEREAS, Mn/DOT, pursuant to Minnesota Statute Section 1 '1 °~I3x l~a~~~ r + n' nett ..: G r~M.: that it is necessary to construct highway improvements in and ar un ,:~,h.~~'~ dale Avenue Bridge over the Interstate Highway 494 in Richf ~1C1 an ~l 1~~~~ Eton t ~~ ~ „ ~~ (hereinafter "Highway Project") within the area sho ~ tit ~ztt ch~~ ~~ ibit A ri~~ incorporated herein (hereinafter "Highway Proje :~"rca'');, an 1 WHEREAS, Mn/DOT, in cooperation with '~l~fiel at~t~ 131c omit ;~tt~z~, ~ ~11 dev 1~p ~ staff approved final geometric layout th liater5 .itc li gh~~~~ y 49 fitter expan ~oa~, including Interstate Highway 35W,~at~t 66 ' ~~.t's' t~~ ~ ~~ 4kt'c ~t; an ,/ WHER ~~ ~teld and i~~~~ >n ~~' ~~ra~~i t~tttt~cila~I con. ~n~. on he Mn/DOT staff ~~p~'~Cl ~i~l eo trtc It taut is ~r t e Inttat i~hi~ ~ .y 49 Iutt~ expansion; ~~ ~c y~ ~~ ! _,,,/ ,~y.Ck~. W~.E~A~,~i T. C ~chfiel and Blu 3xtin~ ~,n ~ t~h to p oce with a construction ~-;' ~ sta e Hi hw ~- ~~ L~~rf~.lc ~~~~ nee interchange p~~~~ a r«ortsu~uct, h~ t~~c~r g 1 {l~t~z'' rafter '~ ' telclia ~~r~~ j iltelt~ ling the vicleni ~r t t t T~vs~ ale Avenue Bridge and the ~n:~. cation ?i~ lts ra ~I~~ ~~d ~c ess lane ~; ~nc~ - ` ~. WILT' REAS, ~In=» 1l ~u d I~t~ Meld hav €[Gtcr«a'~ied that Richfield will acquire the ncce~~ ary Ric ~~~:ltl ~ ~~~~~~ rti~:.4 fu ~ the cons ~ttc ' n of the Highway Project; and ~'~. ~~ ~ AS, Mme. '` T .u ~ I31 mington have determined that Bloomington will acquire ~t"'.~~"'essax} I31~a ingl 1 Isrt~p rties for the construction of the Highway Project; and ~~~° ° , RE. ', b)~:~ mbini g sources and working together Mn/DOT, Richfield, and s. . Bloc, v t~tx ~~(l 'Wore ei iciently use resources; and ~~ ~~ _: ~. £~' `! LAS, ~ e project financing is expected to come from Federal, State, City and o~h~r;~oi~rte, and ~,~- t~'NF~ AS, Mn/DOT, Richfield, and Bloomington intend to enter into any necessary c~r~ erative construction agreements to construct, reconstruct, and complete the Highway . ~oject and Interchange as described herein; and WHEREAS, the design activities described above are planned to begin in the year _ and the construction activities described above are planned to begin in the year OC completed in the year 200X. WHEREAS, prior to the completion of the preliminary geometric lay.,;. ' e Avenue Bridge Project, Mn/DOT, Richfield, and Bloomington, will era to identify funding of the project. Futhermore, Richfield and Bloo vil] «~ cooperatively in seeking a federal grant to fund all or a portion oft ,~ t :. F NOW THEREFORE, Mn/DOT, Richfield, andBloomington agre ~ ..~, ~ ~' 1. This Memorandum of Understanding ("M.O.U.") is 4. ~~n +~~~~~±~e nent. 2. Mn/DOT will consider agreements to provide or perf r ~ `'''`' win ~~ ~ ' a. Prompt and timely review and considerate of p1 ~ sals, or t~ :u information subject to Mn/DOT revs ~~~ ~.ti~>> hway r~l w~ C« and the Interchange = ~~ b. Prompt and timely review and rii4ieat~~~n ~~.1,•.u I1 apl r~~al~ and pr perl~:~i surveying and legal descriptio s s;o>n 'Ted by 'ch4ield,;~ Bloo an~t€~z ,~. in relation to the High, Pr ject ~ ~i tl z I~itei` ~han~ fi:.w ~ ' " c. Draft a Traffic Sign .ab ee ~e~~t ~' ith €~~atx~z~a' Eton. ~~~~~ Twill ~' 3. . ratwill enaffi / r t~~l .o` ~ cata] let ~~a~c~r z~ inte ~iEts~e ' ems. '' ~F. ~ p ~rfer~>Z, ~ncl' may vit1~~7 further t pro ride. ~ pcrfc~ .m the fo ni~~in ~,~tr~q,.cost ti ;~i,~l~i~ ~~ >r Bl~~<~irt~;t n. I1<I~~<~C7 )T w II pr~~ de contract ~~~nall ~ir.~ iort, znsl action. a~ d gnat rich testit~s~ for tl e`1 erchange ,~,,: ~` old n`~ i e bz'ici ,the rar l~las~ t ~ Int z•~tz~te igh , Lyndale to a ~. ~: 1,~gLCal t~~u -lidt~t~> Mn/D -1` c~ i ~~ a ~~itft th City of Richfield to try ~~ '~n,cl~st~ff tl e ~ecn~ pct admi ust~atl. a a~~ %~~~s~ , ~tion with personnel ,~ f<u~iili~'r ~~ tl~ tlae ity's sta i; I~c~lic:i~s; c ractices. ' ~_ '' Ri h£l~;lcl i 1 I ~ot~scl r agreen etas Tc~ pry ide or perform the following: ~..'' a. I'rpar itiu~ oI'~l~' s, propc s~ls, o~` `` er information subject to Mn/DOT xe~;~~,c~ in ~ ~lati{~s~ to the Hi~~-~ - roject or the reconstruction of the °~. lni~~;c: an<« f~r;.a~ proval by Mn/DOT in conformance with and to the '~,~~,; e~.I~~ req~ ' cd,bj Mn/DOT state standards and specifications. ~.,.`' R clafi.~l will ~rldea~~ r to provide or perform, and may without further ZnY'~ :.. =~ ' ' ~ ~eix~e it pro ~idc perform the following: •w `Oh ~• in a s -~- and legal descriptions of the Richfield affected properties ~ ~:~~ ~' affect properties in the Highway Project Area, and perform such t ~~ = , ,- ~~ 1 estate work tasks necessary to acquire needed property including, but F ' ~ V ' a'`ot limited to, title work, field work, appraisal, and appraisal review. ~- ~ ~. Acquire necessary Richfield properties in the name of the city using City and Federal funds. '~~'f c. Prosecute any eminent domain proceedings in the name of the city. The city shall document and obtain any necessary Mn/DOT and Federal ~ `W Highway Administration approval prior to any direct purchase or settlement of eminent domain proceedings concerning the Richfield properties. d. Use appraisers that are included on Mn/DOT's certified hst rx i',en; appraisers. e. Provide relocation assistance to the extent required by ~~' m ~~~ Relocation Assistance and Real Property Acquisition ~ ~ '~ 0, ~" amendments thereto using relocation consultants app - ~ , Mn' f. Consider the acquisition of additional property not n ~~ `' for /Lyndale interchange project but determined necess `~~` ' :~". .future I-494 Expansion project. This property woul ~ s City using Right-of--Way Acquisition Loan Funds ac ~'` Metropolitan Council. ~~~ '.~ _ .>~~. 6 7. 9: Bloomington will consider agreements to p a. Approve the Traffic signal agreemen maintenance. Bloomington will endeavor to prow' e €~~~ P~ agreement provide or perform the ~llv~~iz" a. Consider the acquisitia f a ditia ' p /Lyndale interchan ~ ~~{ -je brxt ` eta r~ are I-494 Exp n i oh r~~ ~ ~ ~i. ~ ~ i s , .;. ~'~~t~, using Ri,~t~ -~~a ~iti~I1 1~ ~lli 11..(3t.~1Glt. re ~t~xtyi~le ~' ~>E7erati g, ~~~ ~l =~ ,~ ~~p~l~~i nn ilk encl avor to 1 ~~ it ,din a d r ~aur~`es will allo ~~, a.: {~t~in ~l ~ r~~eyr a; d legal cs pz%7~~~ i~ ~ ~i a:~ ,cted prc peg erfo~ ~ t ,~ r~i estate w rk includ` n`~. ut nit limited t , at~t~ra[' al r ~~ie~~'. e or ~~ ~ : e foll~~~ 1~;;; 'n~~ ~ri:~z.. mplete ~t1C Vii, uia J a~~ ~~t ` lout hei` '' ~w- lot n c~ss~ for th 1-~l 11~ cess ~~ fr~r`. n/DO '~, l~~ voul i7e Pit chased b~ ds ac txlini st red by the l~taf wer, ~t~sl ~~~ aJintaining the ~~r ~~ ~rzo~xxt, ~o ,11 o~~h~ s~: extent city -~pt'i.~~is s~ ' tl~c oomington affected es €t ~lr , '' way Project Area, and ~,~;k~' n' `cessary to acquire needed property le. ~~~"rk, field work, appraisal, and b. z1,c:g1~i''e n t;esya', Bloomington properties in the name of the city using C~t~.`'ld 1~ dcr~l ands. c. Pros ` ~ute rl~~ e'~i~ nent domain proceedings in the. name of the city. The c:it~' `hall ocun ~ t and obtain any necessary Mn/DOT and Federal Him way lustration approval prior to any direct purchase or >sct' ement f eminent domain proceedings concerning the Bloomington '~ ~p '' perties. ,.' _ se appraisers that are included on Mn/DOT's certified list of licensed appraisers. ~. Provide relocation assistance to the extent required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, and any amendments thereto using relocation consultants approved by Mn/DOT. Any agreements pursuant to this M.O.U., or other binding obligations between the parties to this M.O.U., will be made pursuant to written and properly 10. 11 executed and approved agreement(s). Such agreements may include joint/cooperative construction agreements, joint/cooperative acquisi agreements, or other similar agreements that may be made by t `< All design and construction work in which Mn/DOT partici ~ ~~ done in accordance with Mn/DOT standards and specifica ' The parities will provide for the allocation of administrat' ~" other costs in relation to the projects described above. U pl the Highway Project, Mn/DOT will assume ownership a ain responsibilities consistent with current maintenance poli ~H I concur with this Memorandum of Understanding. MINNESOTA DEPARTMENT OF TRANSPORTATION Patrick Hughes Metro District Engineer Tom O'Keefe Metro District West Area Manager AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Proposed Ordinance 176 REPORT PREPARED BY: KEVIN MCGINTY, FIRE SERVICES DIRECTOR/FIRE CHIEF NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW : ~ j~/ ~ p~„C /- ~ ~! (~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the second reading of an ordinance adding a new City Code Section 1131 regulating the sales of consumer fireworks; approve the resolution amending Appendix D with new license fee; and approve the resolution that approves the summary publication of ordinance code Section 1131 by title and summary. I. RECOMMENDED ACTION: By motion: Approve the second reading of the attached ordinance adding a new City Code section 1131 regulating the sales of consumer fireworks; approve the attached resolution amending Appendix D with new license fee; and unanimously approve the attached resolution that approves the summary publication of ordinance code Section 1131 by title and summary. (BACKGROUND ~ During the 2002 legislative session, the State Legislature passed a law that would allow the sale and use of consumer fireworks in Minnesota for the first time in several decades. Several municipalities quickly adopted various licensing and permit ordinances to either control or prohibit consumer fireworks sales in their communities. As a result, the 2003 legislative session experienced numerous proposed legislation attempting to severely limit a local jurisdiction's authority to regulate consumer fireworks sales and to limit the amount of any fee. The final 0722fireworks version of the 2003 law allows cities to adopt ordinances for licensing the sale of consumer fireworks under certain limitations and sets a maximum fee that may be charged. Staff believes the attached licensing ordinance to be a reasonable approach for the City to regulate these sales locations and to assure that all required safety measures are in place. The ordinance will provide an opportunity for the City to inspect the sales and display areas, provide safety information to the business and to assure consumer fireworks are not sold to those under 18 years of age. The attached resolution amending Appendix D establishing a new fee for the sales of consumer fireworks at $100 is the maximum allowed by State Statute. The attached resolution that approves the summary publication of ordinance code Section 1131 by title and summary must be approved unanimously by Council. The first reading of the ordinance occurred on June 24, 2003. II. BASIS OF RECOMMENDATION A. POLICY • The passage of this ordinance will assist the City in efforts to maintain a minimum and reasonable level of fire safety in Richfield. B. CRITICAL ISSUES • Consumer fireworks sales are legal year round in Minnesota. • Concerns of new state legislation restricting local authority to regulate consumer fireworks sales required the City to wait until the special legislative session was complete and the actual new law available before staff could offer this ordinance assuring compliance with state law. • This ordinance will be effective 30 days after publication following the second reading. C. FINANCIAL • The passage of this ordinance will allow the City to collect fees to defray the costs of enforcement and education. at the maximum allowed by law. D. LEGAL • Paula A. Callies of Kennedy and Graven worked with the fire department and developed this ordinance. ALTERNATIVE RECOMMENDATION(S) • No action would allow the sales of consumer fireworks at almost any location without the City's knowledge or ability to regulate l 1 V . ATTACHMENTS I • proposed Lity ordinance 1~~ ~ • Resolution amending appendix D • Resolution approving. the summary publication. ~ V. PRINCIPAL PARTIES EXPECTED AT MEETING • None BILL NO. AN ORDINANCE ADDING A NEW CITY CODE SECTION 1131 REGULATING FIREWORKS SECTION 1. ChapterXl of the Richfield City Code is amended by adding Section 1131 as follows: Section 1131 -Fireworks 1131.01 Purpose and Intent. Due to the inherent risks of fire and injury to persons and property associated with the sale, possession and use of fireworks, the city council has -determined -that it is necessary and in the interest of public health, safety and welfare to establish reasonable regulations concerning fireworks. 1131.02 Sale of Fireworks. It is unlawful to sell fireworks in the City of Richfield in violation of Minnesota Statutes, §§ 624.20 through 624.25, inclusive. "Consumerfireworks" as defined in this Section may, however, be sold upon issuance of a license issued by the City. 1131.03 Definition. For the purposes of this Section "consumer fireworks" is defined to mean wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. 1131.04 Application. The application for a license shall contain the following. information: name, address, and telephone number of applicant; the address of the location where fireworks will be sold; the type of consumer fireworks to be sold; the estimated quantity of consumer fireworks that will be stored on the licensed premises. 1131.05 Insurance Required. All licensees must have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota evidencing that the applicant's use of the property is currently covered. by a liability insurance policy. The minimum limits of coverage for such insurance shall be: a) at least $200,000 for each claim; and b) at least $500,000 for each incident. Such insurance shall be kept in force during the term of the license and the licensee must provide for prior notification to the City of Richfield should the policy be terminated or canceled. A certificate of insurance must accompany all initial and renewal license applications. 1131.06 Processing Application. The application must be filed with the City Clerk together with the license fee. Following an inspection of the premises proposed to be licensed, the Fire Chief orhis/her designee shall issue the license if the conditions for license approval are satisfied and the location is properly zoned. If the Fire Chief orhis/her designee denies the license application, the applicant may, within ten (10) days, appeal the decision to the City Council. 1131.07 Conditions of License. The license shall be issued subject to the following conditions: (a) The license is non-transferable,. either to a different person or location. (b) Consumer fireworks shall not be sold to persons younger than 18 years of age. The age of a purchaser must be verified by photographic identification. (c) The license must be publicly displayed on the licensed premises. (d) The premises are subject to inspection by City employees during normal business hours. (e) The applicant must be at least 18 years of age. (f) If the applicant does not own the business premises, a true and correct copy of the current, executed lease, as well as, the written authorization of the property owner for the applicant's use of the property for the sale of permitted consumer fireworks. (g) Consumer fireworks shall only be stored and sold in those areas or zones within the City where commercial or industrial activities are authorized under the applicable zoning laws of the City. (h) The applicant shall not have had a license to sell fireworks revoked within the last 12 months. (i) The premises must be in compliance with the State Building Code and State Fire Code. 1131.08 License Period and License Fee. Licenses shall be issued for a calendar year. The license fee is established by resolution in Appendix D of the Richfield City Code. License fees shall not be prorated. 1131.09 Revocation of License. Following written notice and an opportunity for hearing, the Fire Chief or his/her designee may revoke a license for violation of this Section or state law concerning the sale, use or possession of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for twelve (12) months. If the Fire Chief orhis/her designee revokes a license, the license holder may within ten (10) days appeal the decision to the City Council. Section 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 2003. Martin J. Kirsch, Mayor Attest: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING THE AMENDMENT OF CERTAIN PROVISIONS OF RESOLUTION 9280 ENTITLED "RESOLUTION ESTABLISHING 2003 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 9280 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 6, added fees as follows: Section 6 -Miscellaneous Fees Type of Permit Section Or License Requiring Description Fee (5) Sale of Consumer 1131 License per location to $100/yr. Fireworks sell consumer fireworks Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO SECTION 1131 OF THE RICHFIELD CITY CODE WHICH PERTAINS TO SALE OF CONSUMER FIREWORKS. WHEREAS; the City has adopted the above referenced amendment 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 hereby approved for official publication: SUMMARY PUBLICATION BILL N0.2003 - BUSINESS AND TRADE REGULATIONS AN ORDINANCE AMENDMENT TO CITY CODE SECTION 1131 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD This summary of the ordinance is published. pursuant to Section 3.12 of the '-- Richfield City Charter. The purpose of this ordinance is to regulate and license the safes of consumer fireworks. Copies of the ordinance are available for public inspection in the Fire Department during normal business hours or upon request by calling (612) 243-4500. Adopted by the City Council of the City of Richfield, Minnesota this day of 2003. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Proposed Ordinan.cE 10 17 REPORT PREPARED BY: BARRY FRITZ, POLICE CAPTAIN NAME, COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: LO SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct second reading of an amendment to City Code Section 915.07, Subdivision 1, to refer the user false alarm fees to the fee schedule in A endix "D"' of the Cit Code. I. RECOMMENDED ACTION: By motion: Approve the second reading of the attached amendment to Section 915.07, Subdivision 1, to refer the user false alarm fees to the fee schedule in Appendix D of the Citv Code. II. BACKGROUND On December 10, 2002, the City Council passed Resolution No. 9280 that sets user fees in Appendix D of the City Code. New fees for false alarms were listed in the Appendix. Inadvertently, the language in Section 915.07, Subdivision 1, was not changed to reference and coincide with Appendix D. 0722FaIseAlarmFees Second Read III. BASIS OF RECOMMENDATION J A. POLICY This is basically a housekeeping procedure. Past practice has been to not have fees listed in the body of the Ordinance Code, but to have them listed in Appendix D. The first reading of the proposed language change was approved by the Council on June 24, 2003. B. CRITICAL ISSUES Without the change, there is an inconsistency between the language in Section 915.07, Subdivision 1, and Appendix D. C. FINANCIAL N/A D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the second reading. V. ATTACHMENTS • Ordinance Amendment. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. AMENDMENT TO SECTION 915, ALARM SYSTEMS, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 915 of the ordinance code of the City of Richfield entitled "Alarm Systems " is hereby amended: 915.07. User Fees. Subdivision 1. For fees, refer to Appendix "D."-~4r~ I rm ~ ~c~or +h~++ nrnrl~ ~ncc mnro 4h•+n ~hrco f~lco nl~rmc in_ ~_e~innlc n.+lcnrl~+r w vv. .. .... ~... ..........~.. ...~.. ~..~.. _.._ .. . ___- - __~ ___ _ _ _ _ _ v n lenr• r sic r @7/1(1 nor f Inc .+hrw+ in ovnocc of ') fl in o nolonrl~+r vo~+r ~+nrJ Passed by the City Council of the City of Richfield, Minnesota this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Proposed Ordinance 174 71M TOPITZHOFER, RECREATION SERVICES REPORT PREPARED BY: DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~ / / SIG TUBE ~a ~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of second reading of an amendment to Subsection 601.15,. Subdivision 10 of the Richfield City Code to allow single-sort recycling in Richfield. I. RECOMMENDED ACTION: By Motion: Approve the second reading of the amendment to Subsection 601.15, Subdivision 10 of the Richfield City Code, allowing single-sort recycling in Richfield. II. BACKGROUND ~ Waste Management would Ilke the opportunity to provide single-sort recycling to their customers in Richfield. Single-sort recycling allows residents to mix all of their recyclable materials together (cans, bottles, paper, and cardboard) into one wheeled, lidded container. The container is the same style as a standard garbage receptacle and can be picked up with automated equipment. Currently, the small recycling bins are about 18 gallons; the new wheeled recycling receptacles would be 64 gallons. Recycling would be picked up every two weeks. 0722 recycling Single-sort recycling is beneficial to the environment and Richfield residents for a number of reasons: • Carted recycling is neater (closed bins). • Single-sort recycling has increased participation in recycling activity by 10 to 50 percent in other communities. • The lidded bins afford more privacy. • The larger bins make recycling large materials (cardboard) easier. • More recycling can lower garbage bills (by increasing recycling and decreasing garbage, Hennepin County and State of Minnesota solid waste taxes could show a decrease). • For residents whose haulers have separate trucks for garbage and recycling, single-sort recycling reduces the number of recycling truck visits by half, reducing noise, traffic and street and alley wear. III. BASIS OF RECOMMENDATION A. POLICY • On June 24, the City Council approved the first reading of the ordinance amendment. • The Richfield City Code currently requires garbage collectors to pick up waste every week. In order to allow single-sort recycling, the ordinance would need to be amended to permit every-other-week pickup for the - recycling bins. • At their regular May meeting, the Community Services Commission recommended. approval of the ordinance amendment. B. CRITICAL ISSUES • Residents will have the option to choose a hauler who offers every-week service if they are unhappy with single-sort recycling. C. FINANCIAL N/A D. LEGAL • The City Attorney has reviewed the ordinance amendment. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not change the current ordinance. V. ATTACHMENTS • Amendment to Subsection 601.15, Subdivision 10 of the Richfield City Code, VI. PRINCIPAL PARTIES EXPECTED AT MEETING None ORDINANCE NO. AN ORDINANCE RELATING TO RESIDENTIAL RECYCLING; AMENDING SUBSECTION 601.15, SUBDIVISION 10 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 601.15, subdivision 10 of the Richfield City Code is amended to read as follows: Subd. 10. Obligation of licensed collectors. A licensed garbage and refuse collector must pick up garbage, refuse, and yard waste in the manner provided by this section. A licensed residential garbage and refuse collector must also pick up designated recyclables as follows:-sr~a ~"vrce~cly-h~a,~~,~hpainninrr nn nr h re ~~~~~~~~ of ~hi~ nrrlin~+nnc ~nr! in +ho manner r~rn~iirlorl in 4hic con+inn (a) Recycling pick up must be provided on a weekly basis if the capacity of the provided container is 32 gallons or less. or - (b) Recycling pick up must be provided on a week or bi-weekly basis if the capacity of the provided container is 32 gallons or greater. Sec. 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CAH-232956v1 RC160-7 AGENDA SECTION: pub11C Hearinlas AGENDA ITEM # $ REPORT# j73 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: Vii' ~ ~~ SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual L ndale/HUB/Nicollet LHN maintenance assessment rocess I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolutions adopting the assessment for 2002 for Lyndale/HUB/Nicollet (LHN) Maintenance and proposing a similar assessment process to be implemented for 2004. III. BACKGROUND ( The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (66th Street/Lyndale/Nicollet) area in 1981. The extraordinary services include irrigation, weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined actual costs of current services to be assessed for the 2002 maintenance of this area and estimated costs for the 2004 maintenance. 07221hn0204assess III. BASIS OF RECOMMENDATION. A. POLICY • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs. The City Council ordered the work, and the work is done. The City Council scheduled a public hearing for July 22, 2003 on the assessment for the cost of maintenance services performed in the LHN development area for 2002 and to consider the establishment of a special assessment district for maintenance service costs for 2004. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel described in the assessment roll. • Notice of the public hearing for the 2004 maintenance costs was mailed to all owners of commercial property in the area and was published in the official newspaper as required by law. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. • The Council may want to discuss extending the boundaries of the LHN assessment district to include the 66th Street and 35W bridge landscaping. Estimated costs to maintain the landscaping, irrigation and decorative lighting are in the $8,000 per year range. The Council may also want to consider assessing new developments for both commercial and residential properties. C. FINANCIAL • Total cost for 2002 LHN maintenance services is $35,136.62. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2003 in order to avoid interest payments. Payments made after that date would include the interest payment. The estimated maintenance cost for the period January 1 through December 31, 2004 is $45,000. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATNE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2002 LHN Maintenance. The assessment roll • Resolution proposing to specially assess the costs of current services for 2004 • Graphic displaying Lyndale/HUB/Nicollet special assessment district • Copy of letter send to assessed property owners • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2002 special assessment. RESOLUTION NO. _ RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2002 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of $35,136.62 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2003 and shall bear interest at the rate of eight percent (8%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at .any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the. County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of July, 2003. Martin J. 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RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2004 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by_64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on July 22, 2003 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family .and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. Painting and repair of wood furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2004. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk W z y 3 U H D H Z W W Q Z 2 J ~~ ~~ U g 0 p~ O N C7 Z W W Z_ C9 Z W 0 W .., 0 0 ~~ 0 i RICHFIELD MAYOR MARTIN J. KIRSCH CITY COUNCIL JOHN ENGER SUSAN ROSENBERG SUZANNE M.SANDAHL GERTRUDE ULRICH CITY MANAGER SAMANTHA ORDUNO 6700 Portland Avenue • Richfield, Minnesota 55423-2599 PIN» «oName1» oName2» «ADDRESS» (CCaSZ)) NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE LYNDALE/HUB/NICOLLET REDEVELOPMENT AREA FROM JANUARY 1, 2002 -DECEMBER 31, 2002 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment of maintenance services to that area known as the Lyndale/Hub/Nicollet (UH/N) Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: July 22, 2003, at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2002 through December 31, 2002, the City of Richfield incurred costs for maintenance of the UH/N area, including such work as landscape maintenance of common properties,. including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for UH/N maintenance and repair, which totaled $35,136.62, against the properties which benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $35,136.62. The amount to be assessed against your particular property is: eTotalAmt» _ _ ~ Payment can be made after the assessment is adopted and before November 15, 2003 at the City of Richfield Assessor's office, 6700 Portland Avenue, RichOeld, MN 55423. Please make your check payable to the Citv of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON JULY 22, 2003. The Urban Hometown Telephone (612) 861-9700 • Fax (612) 861-9749 www.ci.richfieltl.mn.us AN EQUAL OPPORTUNITY EMPLOYER CITY OF RICHFIELD Memorandum DATE: July 14, 2003 TO: Special Assessment File FROM: Randy Hughes SUBJECT: Comments on Special Assessments Randy Hughes, Operations Superintendent of the Public Works Department received the following comments from the owner of one of the properties affected by the proposed Special Assessment ordinance to be presented to Council on July 22, 2003. This individual was unable to attend the Public Hearing. SPECIAL ASSESSMENT FOR LHN REDEVELOPMENT AREA 1. Roy Peterson 6330 and 6340 Lyndale Avenue Roy does not think he should be in the assessment district as no improvements were made in front of his business. AGENDA SECTION: Public Hearings AGENDA ITEM # $ REPORT # 172 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE COUNCIL PRESENTER: TITLE DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: ra~ ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment rocess. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolutions adopting the assessment for .77th Street maintenance in 2002 and proposing a similar assessment process to be implemented for 2004. II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation, weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. III. BASIS OF RECOMMENDATION 072277th0204assess A. POLICY The City Council ordered the work, and the work is done. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. -" . The City Council scheduled a public hearing for July 22, 2003 on the assessment for the cost of maintenance services performed in the 77th Street Project area for 2002 and to consider the establishment of a special assessment district for maintenance service costs for 2004. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel described in the assessment roll. Notice of the public hearing for the 2004 maintenance costs was mailed to all owners of commercial property in the area and was published in the official newspaper as required by law. B. CRITICAL ISSUES On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. • New developments on 77th Street take advantage of the extra amenities along 77th Street. Both commercial and residential properties benefit but residential owners do not help pay the cost of maintaining these amenities on -the residential square footage of their properties. Council could consider changing that policy in this resolution for future developments. C. FINANCIAL Total cost for 77th Street Maintenance is $75,490.35 for 2002. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff s recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2003 in order to avoid interest payments. Payments made after that date would include the interest payment. The estimated maintenance cost for the period January 1 through December 31, 2004 is $80,000. -All commercial properties would be assessed on a square foot basis. All. residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2002 77th Street Maintenance • The assessment roll • Resolution proposing to specially assess for current services for 2004 • Graphic displaying 77th Street special assessment district. • Copy of letter sent to property owners • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2002 special assessment. RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD - JANUARY 1 -DECEMBER 31, 2002 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council. of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of $75,490.35 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2003 and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the ,_ entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of July 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ' '" ~ O O O O O O O O O O O O O O O O ~ O N ~ f ~? 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J ~ fA W W ~ O O p W O ~ W = W O C7 ~ to ~ O O F- ~ U ~ O H J U ~ U ~ ~ z ~ ~ ~ cw7 w p p w J w o 0 w U~ w m W a w O O C7 w ~ m J ~- m= Q r s°= Z g g v° v cmi~ ~ °Q° a °Q° m~ m a~ ~ o g ~~ ~~ a¢ z ~? o=~~~ O w p ¢ ~ c~ ¢ ~ ~ m ~ p ~ ¢ p p ~ m cn J a ¢ w ¢ O O O O O lA fn N [n fn = _ W W = _ _ _ _ = W W W F-- H > > F- H H H ~ H F- F- ~ > > > F- > Z Z W > > > W > > > W Z Z Z W O O ~ W W W O O O W O O O W W W W W fn fn ~ > > Q' (n fA fn ~ fn tq !n Q' > > > ~' W ¢ ¢ H W W W F- W W W H ¢ ¢ ¢ H ~ ~ ~ ~ ~ p p U > > > N > > > ~ p p p ~ Z Z 2 2 Z Z = Z Z Z = Z Z Z = Z Z Z 2 W W E- ~- °¢ g g ~ > > > ~ > > > ~ g g g ~ '¢ '¢ ~° Z F- F- r ¢ ¢ ¢ n ¢ ¢ ¢ ~ F- I- i- ~ _ = I- t- a a~~~~¢ v v ~i ~ a a s ¢ ~ ~ w t~i (~ O O CO ~ W tf) et' f~ M W 'd' O O O O M O O O M M ~ to O N M O ~ O O d 0 ~ n O n ~ ~ ~ n n V' i~ ~ n ~ ~ n N V !~ f~ ~ f~ f~ f~ a n ~ ~ M ~ n n O ~ r N_ N O O n M a' ~ n W O O N <O I~ O O N O W M M Z O O N N N N N N M M M O O O O O O O h O O O O O O O O O O O O O O O O O O O O N Z O O O O O O O O O O O O O O O O O O O W 'V' V' V' V' st V' ~ ~ ~ d' ~ M M M M V' M cMh C7 p ~ ~ ~ ~ ~ ~ tt ~ ~ ~ et M M M M M ~ i 3 N N N N N N N N N N N N N N N N N N N 4. ao ao ao ao ao 0o ao ao w ao ao 0o ao ao 00 0o ao co ao N N N N N N N N N N N N N N N N N N N c ~ O O O O O O O O O O O O O O O O O O O ~ ~ ~ ~ ~ ~' ~ ~ et V V' ~ ~ ~1") U) In ~ to t{j ~ rL a M M M M M M M M M M M M M M M M M M M RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2004 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on July 22, 2003 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2004. Costs of the project shall be in the manner provided in the Richfield- Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~ ~ ~ F" ,~ U 3 ~ T ~® ..~_.: ®~ 0 ~® ®~ ®.~:::. Z ~ ®.» W z ~® .^- .. ~~ ~~~ ~® ,: W ~~ ~~~ ~® ~' ~ -.~. ~~ ~® .. W ~® ®L':T :tll r~ ~®® VJ . ®® ®,.~ ®~ ~ IlI- z ~® ~D x ~:z avaaa 418E y1Ll 416t NOIJNIIh0018 ~KiL W-~ 41E1 41ZL 41t~ 4101. o~ll~ snewma> HaVd aNVnlvo aNVUaod NOINIYJ. P~ PAZ SN3A31S ~~ 13TIO~IN T130SIV'19 HlaONLLN3M ~anesnld iNVSV~Id aNVao .~IaavH Q731~aVJ 3'1VaNA1 H~IaG1M .~NVAae XM~'10~ 1NOdf10 NOSa3W3 1NOwaad aavalo .ia~oewnH 1I g N Z W W Z Z W O W U ~ _ ~ U ~ a i ~ O U W z ~ a W ~ ~ o ~ W N J W K ~' z J I ~~ m , ~r ml g 0 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PIN» «oName1» «oName2» «ADDRESS» CSZ» NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA FROM JANUARY 1, 2002 -DECEMBER 31, 2002 NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the maintenance of the 77th Street Redevelopment area in the City. DATE, TIME AND PLACE OF HEARING: July 22, 2003, at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423 NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2002 through December 31, 2002, the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $75,490.35, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $75,490.35. The amount to be assessed against your particular property is: «TotalAmt». Payment can be made after the assessment is adopted and before November 15, 2003 at the City of Richfield Assessor's. office, 6700 Portland Avenue, Richfield, MN 55423. Please - make your check payable to the Citv of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON JULY 22, 2003. Telephone (612) 861-9700 • Fax (612) 861-9749 CITY OF RICHFIELD Memorandum DATE: July 15, 2003 TO: Special Assessment File FROM: Randy Hughes SUBJECT: Comments on Special Assessments Randy Hughes, Operations Superintendent of the Public Works Department received the following comments from owners of property affected by the proposed Special Assessment ordinance to be presented to Council on July 22, 2003. These individuals were unable to attend the Public Hearing. SPECIAL ASSESSMENT FOR 77TH STREET DISTRICT 7. Don Elsen 77th and Portland Avenue S. Mr. Elsen wants to know who mows the corner of 77th and Portland that the City bought from him? He said he would call back but never did. 2. Roy Peterson Viking Paint 100 West 78th Street Mr. Peterson's asked if we have done anything about assessing residentail properteries for 77th Street? 3. Duane R. Gregg 7620 Lyndale Avenue S. His letter with additional comments is attached. SE~4,~O~~L Cf~~~'Rf)L ~~E' 7~,2~ L ~'11tIlA~LE.4 TIE,SQ RICHFIELD, MN SS4~~ (612) 866-1310 cY~ p~~~~ .~.~ any 2, 28(12 ~ ~~03 d ~ E~ f Re: 770'- Street lt~laintenance assessment District, Per.. Randy Hughes You have sent this letter to all that border on 77`h Street whether or not they have an advantage from the development. We property owners in the 76 hundred block on the west side have no advantage at aU from tbese actions. VYe in this block have beee denied aecess to 77th Street from our-alley to travel East aed ifwe are traveling_East from the west, we cannot g_et into our alley. These Businesses need the alley for deliveries by many types of vehicles from antes to full- ' trne#s: T#~ere-have- beer nn advae#nges-#ar access to our properties from these supposed services. 76`~ street`~re~ains the street of choice for most of us. When we reg~tin_access. to Z7th Sheet from. the cityT we might be able to get better service from those that we need to supply us with our needs. There isn't enough space for a tot otvet~icles to just turn around to~.get headed the way to get where. they want_ta go. i know that we.can_ge~in_.6ece_if_wa.Ieail3c_neerLta:.heeause I sax ~ Police car cross this median onr~e rather than::gt- arauad~the black to get in. Maybe this is the way you tadit planned. The sound barrier is ant of any advantage to us either.. How tight to these do the big trucks have to get to make turns into the street (to go the wrong wayj? Tb~e only. titing_tbatyau_gi~ce_us in_~ur .black,.. is the statement. of the taws due for the ornamen~tluEt make the city .af :RlchCeld leak good in the eyes of the committees (anfitfiiem onCyjtfiat dream up triese wondrous traffic problems anal blightofthkE-cit3c_ No ,anoney is neededrfo~ we don'(have. ,t~~- ( .~ ,~ f Duane r g - ,...etr~ ,~~,.~, ~ ~ ~ ~ ~~ ~ ~- ~~a~ ~ ~ ~~ 6700 Portland Avenue ~ Richfield, Minnesota 65423-2599 ~.~^.. 330282444004p SEASONAL CONTROL COMPANY wroa DUANE R GRE_GG MAq'i IN J KIRSCH 7620 LYNDALE AVENUE S RICHFIELD- MN- 5542& cm cow~ci~ JOHN ENGEF NQTIC~ QF ASSESSINEN-T kIEARING. SUSAN ROSENBERG "~''~ "`~""°""` tJOTICS-0F HEARINQ ON. PROPOSED-ASS€SSM~W-T FOR CERTAINSEI~VtCES-OF G_araUOE U~~iCH THE CITY WITHIN THE 77TH STREET REDEVELOPMENT AREA cn~~_ FROM JANUARY t~ 2002 -DECEMBER31~ 2002 SAMANTHA ORDUNO NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assesament hearing ors t#-e~dateand-aE thetirr~e ar~ci-plat~ gwerrbetow; to-Pass-vporr-the PrpPpse~~assessment for the maintenance of the 77th Street Redevelopment area in the-Eity. DATE, TIME AND PLACE OF NEARING: July 22, 2003, at 6:30 p.m. or as soon thereafter as the matter can 6e reached on the agendar at_ f~icb~~~y ~, fi7_Q0 PortlandA~cenu~ South, Richfield, Minnesota 55423 NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED:. From January 1, 2002 through December 31, 2002, the Richfield incurred costs for maintenance of the 77th Street area, including.su maintenance of common properties, including mowing, fertilizing i ti e _ d o m ' tenance services: The City proposes to assess the cQSta r ~a -.- LRrajec~azea,. wrhich t~ie~~'i" ~ ~ - ~ ~ against the pro ie t benefited f is __--;_~m....==---°~ '-t`om' PROPOSED pcopecties.is The total amount to be assessed against all -- The= amoatpt- t4-be-assessed-sgstt~s~ Srou~ _.._ --.---- Payment can made-after the assessmeniis-adopted and.before November 15, 2003 at the City of Richfield Assessor's office, 8700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richtield_ A copy of the proposed assessment roll. is on fife for public inspection at the City Clerk's OfflCe~~70Q~OdlaAd_E~1ieLWe_SOUt(1~,. RlChfjeldY MIAAeSOt3~ THIS IS THE ONLY NOTICE YQU WILL RECEIVE OE THIS ASSESSMENT. NO SEPARATE ~>=tl~ WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON JULY 22, 2003. TT-e Uilran. Hawn TalapboAe ~&'t21.8~t:9ZOQ.• Fas.~12~8fi1.9Z4si www.U.rl[ntleq.mn.uc 41iEOWl O~IORTUNITY EM-LOYEH AGENDA SECTION: Public Hearings AGENDA ITEM # 7 REPORT # 171 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE COUNCIL PRESENTER: ~ / NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ d/ V / IGN U REVIEWED BY CITY MANAGER: ~ - ~J ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private ro ert for work ordered in 2002. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased trees private property for work ordered from January 1 through December 31, 2002. II. BACKGROUND In the period from January 1, 2002 through December 31, 2002, 41 property owners chose to use the City's contractor and requested that the cost of the tree removal be assessed. ~~ III. BASIS OF RECOMMENDATION 0722TreeAssess A. POLICY The work has been done with prior approval from the affected residents. • City staff has calculated the amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel described m the assessment roll. $. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2002 through December 31, 2002 have been determined to be $42,672.20. • City ordinance provides that special assessments for current services may be certified to the county Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. As in prior years of the program to remove diseased trees from private property, it is recommended such payments be due and payable over athree-year period. • The adopted assessment roll for the period of January 1, 2002 through December 31, 2002 will be certified with the County Auditor by the end of October, 2003. The City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. As in prior years of the program, it is recommended that the interest rate be established at eight percent, the maximum allowed by State Law. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Assessment roll • Copy of letter sent to residents • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2002 THROUGH DECEMBER 31, 2002 ~= WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services related to removal of diseased trees from the following private property in the City of Richfield: Propertv Address Propertv Identification Number 7112 Oak Grove Blvd. 33-02824-11-0024 6600 Logan Ave So 28-02824-32-0001 6612 Logan Ave So 28-02824-32-0002 318 W. 64th Street 27-02824-22-0074 7212 Humboldt Ave. So 33-02824-24-0001 7533 Girard Ave. So. 33-02824-42-0092 7304 Portland Ave. So. 34-02824-14-0016 7006 Logan Ave. So: 33-02824-22-0006 7538-5th Ave. So 34-02824-41-0101 6717 Harriet Ave. So. 27-02824-32-0087 6745 Lakeview Ave. 28-02824-31-0078 6325 Pillsbury Ave. So. 27-02824-21-0046 7039 Knox Ave. So. 33-02824-21-0041 6700 Irving Ave.So. 28-02824-31-0021 7215 Pillsbury Ave. So. 34-02824-24-0046 6740 Upton Ave. So. 29-02824-42-0133 7010 James Ave. So. 33-02824-21-0034 7008 Oakland Ave. So. 35-02824-22-0061 6312 Nicollet Ave. So. 27-02824-21-0063 6733 Lyndale Ave. So. 27-02824-32-0058 6226 Garfield Ave. So. 27-02824-22-0068 7626 Nicollet Ave. So. 34-02824-34-0006 7238 Park Ave. So. 35-02824-23-0095 7144 Portland Ave. So 34-02824-11-0005 6421-2nd Ave. So. 27-02824-13-0007 6855 Oakland Ave. So. 26-02824-33-0100 6824 Russell Ave. So. 29-02824-44-0047 6701-1st Ave. So. 27-02824-42-0010 6301 Colfax Ave. So. 28-02824-11-0062 " 6933 Sheridan Ave. So. 29-02824-44-0127 7533-5th Ave. So. 34-02824-41-0027 6318 Oliver Ave. So. 28-02824-22-0121 7101 Penn Ave. So. 33-02824-22-0127 6711 Girard Ave. So. 28-02824-42-0022 6633 Lynnwood Blvd. - 6436 Oliver Ave. So. 7227 James Ave. So. 6310 Oliver Ave. So. 6324 Blaisdell Ave. So. 6945 Morgan Ave. So. 7030 Knox Ave. So. 28-02824-41-0032 28-02824-23-0005 33-02824-24-0022 28-02824-22-0120 27-02824-21-0055 28-02824-33-0113 33-02824-21-0064 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the amount of $42,672.20, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than three annual installments and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and he may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ._;J 33-02824-11-0024 28-02824-32-0001 28-02824-32-0002 27-02824-22-0074 33-02824-24-0001 33-02824-42-0092 34-02824-14-0016 33-02824-22-0006 34-02824-41-0101 27-02824-32-0087 28-02824-31-0078 27-02824-21-0046 33-02824-21-0041 28-02824-31-0021 34-02824-24-0046 29-02824-42-0133 33-02824-21-0034 35-02824-22-0061 27-02824-21-0063 27-02824-32-0058 27-02824-22-0068 -02824-34-0006 s5-02824-23-0095 34-02824-11-0005 27-02824-13-0007 26-02824-33-0100 29-02824-44-0047 27-02824-42-0010 28-02824-11-0062 29-02824-44-0127 34-02824-41-0027 28-02824-22-0121 33-02824-22-0127 28-02824-42-0022 28-02824-41-0032 28-02824-23-0005 33-02824-24-0022 28-02824-22-0120 27-02824-21-0055 28-02824-33-0113 33-02824-21-0064 ASSESSMENT ROLL 2002 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY NAME Lorraine Prindle Maxine Jeffris Sylvia Jesse Marzena Melby Vijay Gupta Celina Carpenter Jeffrey Nelson Vivian Ryan Lori Kicker Lisa Larson Douglas Kleist Pamela Foster Nancy Olson Shane Keaveny Peter Ogden Nicholas Kunkel Martha Bjerke Sharon Frankovich Raphael Stadick Tasks Unlimited Lodges Stephen Wickham Sandy Kincaid David Slinger Marion Ondracheck Dominique Zervas- Foley Tory Lund Daniel Rodriguez Stacey Anderson Sandra Russell Deborah Nordmarken Thomas Larson Ernest Hoffman Derek Bjorklund Mary Skapyak Charles Carr Dave Hanson Frank Ploog Rose Amos Brian Stevens Nuala Galbari Margaret Flanagan ADDRESS 7112 Oak Grove Blvd. 6600 Logan Ave So 6612 Logan Ave So 318 W 64th St 7212 Humboldt Ave So 7533 Girard Ave So 7304 Portland Ave So 7006 Logan Ave So 7538 5th Ave So 6717 Harriet Ave So 6745 Lakeview Ave 6325 Pillsbury Ave So 7039 Knox Ave So 6700 Irving Ave So 7215 Pillsbury Ave So 6740 Upton Ave So 7010 James Ave So 7008 Oakland Ave So 6312 Nicollet Ave So 6733 Lyndale Ave So CITYSTZI P Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN Richfield, MN 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 55423 AMOUNT 256.00 1782.00 1256.00 1360.50 1214.00 735.00 907.00 2156.00 1747.50 576.00 1517.50 1872.50 591.00 1098.00 1332.00 1098.00 1098.00 907.00 1348.00 343.00 6226 Garfield Ave So 7626 Nicollet Ave So 7238 Park Ave So 7144 Portland Ave So 6421-2nd Ave So Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 Richfield, MN 55423 591.00 907.00 1398.00 1582.00 1704.00 6855 Oakland Ave So Richfield, MN 55423 128.00 6824 Russell Ave So Richfield, MN 55423 1617.00 6701-1st Ave So Richfield, MN 55423 2023.50 6301 Colfax Ave So Richfield, MN 55423 660.30 6933 Sheridan Ave So Richfield, MN 55423 489.90 7533-5th Ave So Richfield, MN 55423 480.00 6318 Oliver Ave So Richfield, MN 55423 364.00 7101 Penn Ave So Richfield, MN 55423 1140.00 6711 Girard Ave So Richfield,. MN 55423 1372.50 6633 Lynnwood Blvd Richfield, MN 55423 1617.00 6436 Oliver Ave So Richfield, MN 55423 733.00 7227 James Ave So Richfield, MN 55423 256.00 6310 Oliver Ave So Richfield, MN 55423 270.00 6324 Blaisdell Ave So Richfield, MN 55423 549.00 6945 Morgan Ave So Richfield, MN 55423 907.00 7030 Knox Ave So Richfield, MN 55423 588.00 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PID» MAYOR « NAME» - MARTIN J. KIRSCH «ADDRESS» ciTY couNCi~ «CITYSTZIP» JOHNENGER SUSAN ROSENBERG SUZANNE M. SANDAHL NOTICE OF ASSESSMENT HEARING GERTRUDE ULRICH CITY MANAGER NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF SAMANTHA ORDUNO THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2002 -DECEMBER 31, 2002) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: July 22, 2003, at 6:30 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incurred for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2002 through December 31, 2002. The City proposes to assess the costs for this work, which totaled $42, 572.20. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $«AMOUNT» Payment can be made after the assessment is adopted and before November 15, 2003 at the City of Richfield Assessor's. office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the Citv of Richfield. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. The Urban Hometown Telephone (612) 861-9700 • Fax (612) 861-9749 www.ci.richfield.mn.us AN EQUAL OPPORTUNITY EMPLOYER CITY OF RICHFIELD Memorandum DATE: July 15, 2003 TO: Special Assessment File FROM: Randy Hughes SUBJECT: Comments on Special Assessments Randy Hughes, Operations Superintendent of the Public Works Department received the following comments from owners of property affected by the proposed Special Assessment ordinance to be presented to Council on July 22, 2003. These individuals were unable to attend the Public Hearing. SPECIAL ASSESSMENT FOR DISEASED TREE REMOVAL 7. R. J. Larson 6717 Harriet Avenue S. Mr. Larson stated he paid for removal already, but didn't have a receipt. He is looking for his cancelled check. 2. Nancy Stinger 7238 Park Avenue S. Nancy wanted to know what to do about getting her tree assessed. She didn't understand the letter. 3. Kurt Kincaid 7626 Nicollet Avenue S. He thinks his bill is higher than we told him it would be last year. He is looking for the paperwork. STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL 1VIEETING JULY 22, 2003 Consent SR 170 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ® n .SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for renewal of a veterinary license to operate a veterinary clinic for A Carin Doctor, Minnesota P A d/b/a Banfield Pet Hospital, 1100 W. 78th Street. I. RECOMMENDED ACTION: By Motion: Approve the request for renewal of a veterinary license to operate a veterinary clinic for A Caring Doctor, Minnesota P.A. d/b/a Banfield Pet Hospital, 1100 W. 78th Street. ~ II. BACKGROUND -I On May 29, 2003, Banfield Pet Hospital submitted an application for the renewal of their veterinary license. The application was complete and the $173.00 fee has been received. A Community Service Officer conducted an inspection of the property on June 19, 2003. There were no apparent problems found at that time. The Public Safety Department had eight contacts with this address in the past year. -' Three burglaries that were false alarms, one unfounded animal assist, one suspicious activity, one suspicious person, and one suspicious vehicle reports that were assisted and advised. They received one vehicle theft incident in which 0722 Banfield Pet Hospital Renewal Minneapolis Police recovered the vehicle. None of these police contacts were related to the operation of the Veterinary Clinic. Environmental Health staff did not receive any complaints regarding this address in the past year. The City has previously issued a veterinary license to A Caring Doctor, Minnesota P.A. d/b/a Banfield Pet Hospital. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a veterinary license. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ Deny the request for the renewal of a veterinary license for Banfield Pet Hospital; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Consent SR 169 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW : ~ ~L In ~i0 SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for renewal of a veterinary license to operate a veterinary clinic for Woodlake Veterina Hos ital, 6436 L ndale Avenue. I. RECOMMENDED ACTION: By Motion: Approve the request for renewal of a veterinary license to operate a veterinary clinic for Woodlake Veterinary Hospital, 6436 Lvndale Avenue. II. BACKGROUND On May 6, 2003, Woodlake Veterinary Hospital submitted an application for the renewal of their veterinary license. The application was complete and the $173.00 fee has been received. A Community Service Officer conducted an inspection of the property on May 7, 2003. There were no apparent problems found at that time. The Public Safety Department has received no complaints and there were no police reports or contacts for this address during the past year. 0722WoodlakeVeterinaryHospital The Environmental Health staff did not receive any complaints regarding this address in the past year. The City has previously issued a veterinary license to Woodlake Veterinary Hospital. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a veterinary license. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a veterinary license for Woodlake Veterinary Hospital; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Consent 5J 168 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the renewal of a commercial kennel license for Animal Care Clinic, 1208 East 66th Street. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a commercial kennel license for Animal Care Clinic, 1208 East 66th Street. II. BACKGROUND On May 6, 2003, Animal Care .Clinic submitted an application for the renewal of their commercial kennel license. The application is complete and the $173.00 fee has been received. A Community Service Officer conducted an inspection of the property on May 7, 2003. There were no apparent problems found at that time. Richfield police had eight contacts with this address in the past year: three burglary calls, two were false alarms and one was a cancellation; one call on a verbal domestic that led to a warrant arrest, unrelated to the operation of the business; one suspicious vehicle call that was assisted and advised; and, three animal at large calls. The animals were abandoned at the clinic and officers responded and 0722 Animal Care Clinic Kennel License impounded the animals. None of these police contacts were related to the operation of the commercial kennel. The Environmental Health staff did not receive any complaints during the past year. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a commercial kennel license. The City has previously issued a commercial kennel license to Animal Care Clinic. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A .- IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a commercial kennel license for Animal Clinic; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 5J REPORT # 167 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: .~~ Lo ~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the renewal of a commercial kennel license for Petco Animal Su lies, Inc., 710 West 66th Street. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a commercial kennel license for Petco Animal Su lies, Inc., 710 West 66th Street. II. BACKGROUND On May 19, 2003, Petco Animal Supplies, Inc. submitted an application for the renewal of their commercial kennel license. The application is complete and the $173.00 fee has been received. A Community Service Officer conducted an inspection of the property on June 6, 2003. There were no apparent problems found at that time. The Environmental Health staff did not received any complaints regarding this address in the past year. Richfield Police had five contacts with this address in the past year. They responded to one suspicious activity; two suspicious vehicles, one of which resulted 0722 Petco Commercial Kennel License in a warrant arrest; one follow-up investigation where they assisted and advised; and a property damage hit and run accident. None of these police contacts were related to the operation of the commercial kennel. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a commercial kennel license. The City has previously issued a commercial kennel license to Petco Animal Supplies, Inc. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a commercial kennel license for Petco Animal Supplies, Inc.; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~- STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING JULY 22, 2003 Consent 5I 166 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, T/TLE COUNCIL PRESENTER: NAME, T/TLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for renewal of a veterinary license for Veterinary Radiation Therapy Clinic Inc., 1208 East 66th Street. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of a veterinary license for Veterinary Radiation Therapy Clinic, Inc., 1208 East 66th Street. II. BACKGROUND On May 6, 2003, Ralph Weichselbaum submitted an application for the renewal of his veterinary license for providing radiation treatments on cats. The application is complete and the $173.00 fee has been received. A Community Service Officer conducted an inspection of the property on May 7, 2003. There were no apparent problems found at that time. Richfield police had eight contacts with this address in the past year. Three burglary calls, two were false alarms and one was a cancellation; one call on a verbal domestic that led to a warrant arrest, unrelated to the operation of the business; one suspicious vehicle call that was assisted and advised; and three 0722VeterinaryRadiationTherapyClinic animal at large calls. The animals were abandoned at the clinic and officers responded and impounded the animals. None of these police contacts were related in anyway to the operation of the Veterinary Radiation Clinic. The Environmental Health staff did not receive any complaints regarding this address in the past year. The veterinary service is located within the same building as Animal Care Clinic. The applicant, Ralph Weichselbaum, is a licensed veterinarian in the State of Minnesota and has a history of no complaints with the Minnesota Board of Veterinary Medicine. The City has previously issued a veterinary license to Veterinary Radiation Therapy Clinic, Inc. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to a veterinary license. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for the renewal of a veterinary license for Veterinary Radiation Therapy Clinic; however, the Public Safety Department has not found any basis for a denial. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ralph Weichselbaum AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Consent 5H 165 REPORT PREPARED BY: JULIE URBAN, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration to award contracts to Offing House Movers and Joseph Groh/Robert Burns for the sale and removal of 14 homes and ara es on 18th Avenue. I. RECOMMENDED ACTION: By Motion: Award contracts to Otting House Movers as the high bidder on 11 homes and garages on 18th Avenue and Joseph Groh/Robert Burns as the high bidder on 3 homes and garages on 18th Avenue for sale and removal. II. BACKGROUND • On March 26, 2002 the City Council approved an agreement (Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million of Federal Aviation Administration (FAA) airport improvement program funds to the City of Richfield to purchase properties (including all related costs) that are, or will be, negatively impacted by airport operations. • Single family and duplex properties in the 6600 and 6700 blocks of 18th Avenue were identified for purchase with the funds. Twenty of the twenty-two homes identified have been purchased. • The Council approved specifications for house moving bids for 19 of the homes on June 10, 2003. 0722housemovebids • Sealed bids were received and opened on July 9, 2003. • Otting House Movers submitted the high bid on 11 of the homes for a total of _ $24,750. • Joseph Groh/Robert Burns submitted the high bid on three of the homes for a total of $6,338. • Semple Excavating submitted negative bids on eight houses, i.e. denoting that the City would pay them for the house removal. • No bids were submitted for five of the homes. It is staff's understanding from the house movers that the height of these homes makes them less desirable for moving. • One home has no basement so cannot be moved.' III. BASIS OF RECOMMENDATION A. POLICY • Moving the houses instead of demolishing them conserves these housing resources. • Selling the houses to be moved reduces demolition costs and uses the grant funds more efficiently. B. CRITICAL ISSUES • Successful bidders are expected to conduct all necessary abatement activities and to demolish and fill the basements. - House moves must be completed by September 29, 2003. • A Request for Quotes will be mailed to qualified contractors to conduct abatement activities on the remaining six houses. • Following abatement, a Request for Quotes will be mailed to qualified contractors to demolish the remaining six houses. C. FINANCIAL • Awarding the bids to move the homes saves money on demolition costs. D. LEGAL • The City is required to accept the highest qualified bidder. • The appropriate bidding process was followed in awarding the bids. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject all bids. V. ATTACHMENTS • Minutes from bid opening. • Summary of bid responses. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A CITY OF RICHFIELD, MINNESOTA Bid Opening July 9, 2003 11:00 am 2003 House Removal (6600 & 6700 blocks of 18th Ave.) Bid No. 03-06 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 2003 House Removal (6600 & 6700 blocks of 18th Avenue), bid no. 03-06, as advertised in the official newspaper on June 19, 2003. Present: Nancy Gibbs, City Clerk Julie Urban, Community Development Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: ADDRESS Otting House Movers Semple Excavating Inc. Joe Groh & Bob Burns Lakeville, MN St. Paul, MN Janesville, MN 6614 18th Ave. $1200 -$2700 No Bid ($250 check provided) (No Bond provided) 6620 18th Ave. $1700 -$2500 $2188 ($250 check provided) (No Bond provided) ($250 check provided) 6626 18th Ave. $.1.200 No Bid No Bid ($250 check provided) 6632 18th Ave. $1300 -$4300 $2255 ($250 check provided) (No Bond provided) ($250 check provided) 6638 18th Ave. $1550 No Bid No Bid ($250 check provided) 6644 18th Ave. $4500 -$3200 $2358 ($250 check provided) (No Bond provided) ($250 check provided) 6700 18th Ave. $4400 -$5200 $2255 ($250 check provided) (No Bond provided) ($250 check provided) ADDRESS Offing House Movers Lakeville, MN Semple Excavating Inc. St. Paul, MN Joe Groh & Bob Burns Janesville, MN 6701-03 18th Ave. No Bid No Bid No Bid 6708 18th Ave. $800 ($250 check provided) -$4200 (No Bond provided) $1895 ($250 check provided) 6709-11 18th Ave. No Bid No Bid No Bid 6714 18th Ave. $2800 ($250 check provided) -$5500 (No Bond provided) $1877 ($250 check provided) 6720 18th Ave. No Bid No Bid No Bid 6721 18th Ave. $1600 ($250 check provided} No Bid No Bid 6726 18th Ave. No Bid No Bid No Bid 6727 18th Ave. $1600 ($250 check provided) No Bid $1488 ($250 check provided) 6733 18th Ave. $1600 ($250 check provided) No Bid No Bid 6738 18th Ave. No Bid No Bid No Bid 6739 18th Ave. $2100 ($250 check provided) No Bid No Bid 6745 18th Ave. $2200 ($250 check provided) -$5500 (No Bond provided) $27 ($250 check provided) Negative bid denotes. City to pay contractor for removal The City Clerk announced that the bids would be tabulated and considered at the July 22, 2003 City Council Meeting. Nancy Gibbs City Clerk 18th Avenue House Removal Bid Summary High Bidder Address Vendor Amount 6614 18th Offing $ 1,200 662018th Groh/Burns $ 2,188 6626 18th Offing $ 1,200 663218th Groh/Burns $ 2,255 663818th Otting $ 1,550 664418th Offing $ 4,500 670018th Offing $ 4,400 6701-03 18th $ - 670818th Groh/Burns $ 1,895 6709-1118th $ - 671418th Otting $ 2,800 672018th $ - 672118th Offing $ 1,600 672618th $ - 672718th Offing $ 1,600 673318th Otting $ 1,600 673818th $ - 673918th Otting $ 2,100 674518th Otting $ 2,200 TOTAL $ 31,088 TotalOtting $ 24,750 Total Groh/Burns $ 6,338 AGENDA SECTION: Consent AGENDA ITEM # 5G REPORT # 164 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR Nom, TiTLs ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution adopting Public Purpose Expenditure Policy. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution adopting a Public Purpose Expenditure Policy. III. BACKGROUND Upon reviewing certain provisions of Minnesota Statutes and the Richfield City Charter which permit and require the expenditure of public funds for public purposes, staff believes that it is necessary and appropriate to adopt a policywhich defines when and for what purposes, public funds may be spent. Moreover, it is desirable that a clear set of guidelines be available to assist the elected officials, employees and representatives of the City when approving the expenditure of public funds. In recent years, the State Auditor has criticized some Minnesota cities for certain expenditures of public funds which the State Auditor believed were of questionable public purpose. In adopting this policy, the City can ensure that its expenditures have been carefully considered and determined by the governing body to be for a public purpose. The League of Minnesota Cities and legal staff believe that this is the most expedient way for a city to fully comply with all applicable laws governing the expenditure of public funds. U~ III. BASIS OF RECOMMENDATION A. POLICY • A written policy will ensure the fullest compliance with all applicable provisions of law in making public expenditures. B. CRITICAL ISSUES The policy should be considered at the City Council's earliest opportunity so that it may be put into place. C. FINANCIAL • There is no additional cost of having such a policy. D. LEGAL Legal staff and the League of Minnesota Cities have recommended adoption of a Public Purpose Expenditure Policy. IV. ALTERNATIVE RECOMMENDATION(S~ • Adopt a modified policy. • Defer consideration of this matter to a future meeting. V. ATTACHMENTS • Resolution adopting the policy • Public Purpose Expenditure Policy VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None RESOLUTION NO. RESOLUTION ADOPTING A PUBLIC PURPOSE EXPENDITURE POLICY WHEREAS, the City Council finds it necessary to establish a policy to clearly determine the public purpose for expenditures; and WHEREAS, the City Council has determined that in order to attract, recruit, retain and motivate employees and community volunteers, the City wishes to recognize hard work and service through other than monetary payment; and WHEREAS, the City Council has further determined certain expenditures for typical business costs are necessary for the efficient delivery of public service; and WHEREAS, the City Council has reviewed and discussed the public purpose expenditures as detailed in Exhibit 1. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richfield hereby adopts Exhibit 1 entitled, "Public Purpose Expenditures Policy." Adopted by the City Council of the City of Richfield, Minnesota this day of .2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk City of Richfield .Public Purpose Expenditure Policy GENERAL Pursuant to provisions of the Richfield City Charter and the statutes and laws of the State - of Minnesota, which permit and require the expenditure of public funds for public purposes, the City of Richfield believes it necessary and appropriate to provide assistance and guidance to the officials, employees and representatives of Richfield to aid in the determination of when public funds may be spent for a public purpose. DEFINITION A public purpose expenditure is one which relates to the purpose for which the City of Richfield exists and the duties and responsibilities of Richfield, its elected and appointed officials, employees and other representatives. PUBLIC PURPOSE GUIDELINES 1. Training and development programs for Richfield employees and elected or appointed officials serve a public purpose when those training and development programs are directly related to the performance of each individual's job-related duties and are directly related to the programs/services for which the City is responsible. 2. Payment of employee work-related expenses, including travel, lodging and meal expenses, serves a public purpose when those expenses are necessarily incurred by Richfield employees in connection with their actual work assignments or official duties and those expenses are directly related to the performance of the governmental functions for which Richfield has responsibility. 3. Appropriate safety and health programs for Richfield employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and the taxpayers of Richfield, including various costs associated with workers' compensation and disability benefit claims, insurance premiums and lost time from employee absences. 4. Public expenditures for appropriate Richfield employee and volunteer recognition programs serve a public purpose because formally recognizing employees and volunteers who make significant contributions and demonstrate their commitment during the performance of their duties result in higher morale and productivity among all Richfield employees and volunteers, and therefore help the City to fulfill its responsibilities efficiently and more cost effectively. 5. Public expenditures for food and/or refreshments associated with official Richfield City functions serve a public purpose when the. provision of food or refreshments is an integral part of the function and is deemed necessary to ensure meaningful. participation by the participants. 6. Public expenditures for appropriate community and customer outreach and similar activities serve a public purpose when those expenditures are necessary for Richfield to ensure the efficient operation of its programs/services, promote the availability and use of City resources, and promote coordinated, cooperative planning activities among and between the public and the private sectors. SPECIFIC PROGRAMS AND EXPENDITURES Every City of Richfield expenditure must be valid based upon the public purpose for which - it is purchased. The following items are deemed to meet the Council definition of public purpose expenditures. Employee Recognition Programs The Richfield City Council recognizes the hard work and service performed by the employees of the City through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through an Employee Recognition Program support employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community. - The Employee Recognition Program is considered "additional compensation" for work performed by employees but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The program may include: 1. City employees completing 5, 10, 15, 20, 25, 30, and 35 years of service may receive a service award not to exceed $50 in value, as determined by the City Manager. 2. Annually, the City may sponsor a Volunteer Recognition Dinner(s) to promote teamwork and coordination among the City Council, Department Directors, Commission/Committees, and employees. This dinner and a token gift for invited participants and their guests also serve as de minimus compensation for the service provided by the volunteers. 3. Annually, the City may sponsor a Holiday Party for City employees. The City may also sponsor an annual employee picnic. 4. The City supports other events that are planned and paid for by employees. Examples of such events include holiday gatherings, golf and/or bowling tournaments. 5. The City supports recognition plaques in recognition of long-time, outstanding or exemplary service or retirement for employees, volunteers and elected officials. The cost of the elements of the Employee Recognition Program will be included in the City of Richfield annual budget. This item will be approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. EMPLOYEE WELLNESS AND SAFETY PROGRAMS -The City Council recognizes the importance of employee fitness and health as it relates to the overall work and life satisfaction of the employee and the overall impact on the City's health insurance program. As such, the City Council supports an Employee Wellness Program, which has been designed to educate employees on fitness/health issues. The Employee Wellness Program is considered "additional compensation" for work performed by employees, but is entirely dependent on receiving funding from year-to-year. No provisions of this policy, or its administration,. shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. The cost of an Employee Wellness Program will be included in the City of Richfield annual budget. This item will be approved- annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. The Employee Safety Program is funded by the Self-Insurance Fund. The City supports programs created by the Human Resources Division and the Safety Committee to promote and retain a safe work environment. Safety incentive programs such as Richfield's Safety Bingo, which provide the opportunity for cash prizes for accident/injury-free work days, is e an example of such programs. Such safety incentives shall be included in the City of Richfield annual budget. MEETING FOOD/MEALS The City Council recognizes that situations in which City business needs to be discussed can and do occur during meal hours (i.e. luncheon and dinner meetings). In addition, there are public and employee meetings and events in which reasonable refreshments may add to the success of the meeting and/or event and create a more productive work force. The following items are deemed to meet the Council definition of public purpose expenditures in regards to food and meals. 1. Meals and refreshments are allowed at City meetings and events that have a purpose of discussing City issues. These meetings would normally have apre-planned agenda. 2. Meals and refreshments are allowed at employee meetings and events that have a purpose of discussing City issues, conducting oral interview boards or are a part of an employee training. These meetings/events wouldalso normally-have apre-planned agenda. These meetings/events could include new employee receptions to introduce new employees to existing employees, provide an orientation to the City, and promote teamwork and cooperation. This does not include routine staff meetings. 3. Meals and refreshments are allowed when they are part of a breakfast/lunch/dinner meeting for official City business when it is the only time for all parties concerned to meet. Usually these meals involve meeting with City Council members, Committee/Commission members, business or civic organizations. Payment for fees relating to a special event, such as a Chamber of Commerce event, may also be allowed when approved by the. City Manager and when attendance is deemed to meet the public purpose guidelines for community or customer outreach and marketing of the City. 4. Meals and refreshments may be provided. during official meetings of the City Council, City Council committees, advisory boards/commissions, taskforces and general neighborhood meetings that have purpose of discussing City business. These meetings would normally have apre-planned agenda. 5. Travel expenses for employees as outlined in the Richfield Travel Reimbursement Policy. 6. Meals and refreshments are allowed where employees or volunteers are participating in aCity-sponsored special event, participating in an outside event. as an official representative of the City, or working additional hours and where the Department Directors deems appropriate as recognition of efforts above those normally required. Because emergency personnel are often called to perform for extended periods of time and duties where refreshments are important to duty performance, emergency response personnel may be provided refreshments or food when it is deemed appropriate by the City Manager or Department Director to assure the delivery of quality emergency response service. 7. No purchase of alcoholic beverages for consumption is allowed at any time except... Public Safety authorized police operations. The cost of these meals or fees is included in the departments' travel/conferences line-item in the City of Richfield annual budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. MEMBERSHIP, DUES, AND DONATIONS. The City Council has determined that the City will fund memberships and dues (individual or organization) in professional organizations and City social and community organizations when the purpose is to promote, advertise, improve or develop the City's resources and relationships and not personal interest or gain. The cost of memberships/dues is included in the departments' dues and subscriptions line-item in the City of Richfield annual budget. These items are approved annually by the City Council as a part of the overall budget approval process which includes a public hearing on the proposed budget. All donations must be approved by the City Council during the annual budget process and/or by City resolution. Donations provided by the City must be for programs that serve our citizens and are deemed to meet the public purpose guidelines. Examples of such donations are funds provided to social service types of organizations EDUCATION REIMBURSEMENT The Personnel Policy contains guidelines for a Richfield Employee Education Program CREEP). Job related advanced education meets the public purpose guidelines of this policy. The amount available for employee education shall be considered annually. The cost of employee education opportunities are contained in the City of Richfield annual budget. CLOTHING AND OTHER SUNDRY ITEMS Employees may receive T-shirts, and other sundry items of nominal value ($10.00) when these items; are made available to the general public or if these items are determined by the City Manager to be important to the successful involvement of employees in special City-sponsored or City-supported events (i.e. National Night Out, etc.). Employees may be supplied with uniforms, clothing, boots and other gear necessary for the performance of their job. The cost of these items for City sponsored or City supported events shall be contained in the City of Richfield annual budget. CONCLUSION The Richfield City Council has determined that the above expenditures are valid and serve a public purpose. AGENDA SECTION: Consent AGENDA ITEM # SF REPORT # ~ (,~ ~~ STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~ / SIGNATURE REVIEWED BY CITY MANAGER: ~)" ITEM FOR COUNCIL CONSIDERATION:. Consideration of approval of the attached two-year lease between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land along the edge of Lincoln Field. I. RECOMMENDED ACTION: By Motion: Approve the attached two-year lease between the City of Richfield and Tom Price for the rental of a 4,690 square-foot strip of land along the edge of Lincoln Field. III. BACKGROUND I Mr. Price, owner of the Woodlawn Terrace trailer court, has leased the northern ten feet of Lincoln Fields for many years. The lease is for atwo-year term, however, it also. indicates that the City may cancel the lease by written notice (90-day notice if the City determines a need to use or modify the land and 1.80-day notice for any reason). III. BASIS OF RECOMMENDATION A. POLICY • The City has had this arrangement with Mr. Price for many years and it has never created a problem. 0722 tom price lease • The arrangement is revisited every two years. $. CRITICAL ISSUES • The City does not have an immediate need for the land, although that may change with the commencement of Phase II of the Ballfield Replacement Plan at Lincoln Field. C. FINANCIAL • Mr. Price and City staff have agreed upon an amount of $1,400 for the two-year lease. D. LEGAL • The attached lease agreement is identical to the one approved two years ago, which was reviewed by the City Attorney. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the two-year lease with Tom Price for the strip of land at Lincoln Field. V. ATTACHMENTS • Two-year lease between the City and Tom Price. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None INDEMNIFICATION AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (the "Agreement") is made as of July 22, 2003 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN 55423 ("Price"). RECITALS A. Price is the owner of a tract of land which is legally described in the Property ID number 34 028 24 32 0015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5 ACRES OF THE N 10 ACRES OF NW 1 &4 OF SW 1 &4 AND THEN 4 FT THAT PART OF THE NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD ("Price Property"). B. The City is the owner of a parcel of land which is legally described in the Property ID number 34 028 24 32 0025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W 468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property"). C. Price is desirous of obtaining permission from the City to utilize a portion of the City Property in conjunction with the mobile home park which Price operates on the Price Property. This portion consists of the northern ten feet of the. City property from the east to west boundaries, approximately 4,690 square feet. D. The City is willing to permit such use in return for Price's agreement to indemnify, protect, defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to this Agreement. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This Agreement, and in consideration of the covenants contained herein, the City and Price agree that Price may use the City Property for the period commencing on August 1, 2003, and terminating July 31, 2005 for a fee of $1,400 payable in two installments of $700. Payment one is due immediately and payment two is due August 1, 2004. 2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair City the Property and shall at all times keep it in compliance with regulations of the City. The City shall have no responsibility for the maintenance or repair of the City Property. 3. Indemnification and Insurance. (a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its agents, officers, servants, and employees from any and all claims for damages and other remedy, including but not limited to costs and attorney fees, arising from or by reason of the maintenance, use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. (b) Price, at his sole cost and expense, shall maintain in full force and effect during the term of this Agreement general liability insurance in the minimum amounts of $1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and $500,000 property damage per occurrence. A certificate of insurance evidencing compliance with this Agreement shall be provided to the City by Price. The City shall be named as an additional insured on the insurance policy described herein, and such policy shall contain a stipulation that Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to the City. The insurance shall be carried by solvent and responsible insurance companies licensed to do business in the State of Minnesota. 4. Miscellaneous Provisions. (a) Any titles of the several Paragraphs of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (b) Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of Price, is addressed to or delivered personally to Price at 7421 Lyndale Avenue South, Richfield, MN 55423, and (ii) in the case of the City, is addressed to or delivered personally to the City at the Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time. to time, designate in writing and forward to the other as provided in this Paragraph. (c) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (d) This Agreement constitutes the entire agreement between Price and the City with respect to the City Property and supersedes any other written or oral agreements between the parties on that subject. This Agreement can be modified only in a writing signed by the parties. (e) The City may terminate this Agreement: (i) if the termination is based upon health, safety or the need to make modifications within the City Property or by Price's transfer or sale of the Price Property, by the giving of 90 days written notice to Price; or (ii) otherwise by the giving of 180 days written notice to Price. The termination shall be effective at the end of such notice period, at which point neither party shall have any further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. Price shall remove all structures from the City Property and restore the City Property to its previous condition not later than the effective date of the notice. (f) Price agrees to make no claim against the.. City for damages which Price may suffer as a result of the City's termination of this Agreement. (g) Except as specifically set forth herein, nothing in this Agreement shall be construed to exempt Price from or waive the application of any federal; state, or local law, rule, or regulation. (h) Nothing in this Agreement shall be construed as abandonment of the City Property by the City or as any relinquishment of any right the City may have with regard to the Property. Price specifically acknowledges and agrees that its construction and maintenance of the Property is at the sufferance of the City and subject to the City's right to terminate such use in accordance with the provisions in paragraph 4(e) hereof. (i) In the event that the use of the City Property under this Agreement renders the City _ Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or other similar taxes levied against the City Property. Q) This Agreement may be extended by the parties from time-to-time and upon such terms as they shall mutually agree to. (k) No new structure shall be erected on the City Property without the prior written consent of the City; and, Price shall not use the City Property for any purpose other than in connection with the mobile home park without the prior written consent of the City. IN WITNESS WHEREOF, Price and the City have executed this Agreement this 22nd day of July, 2003. CITY OF RICHFIELD By Martin J. Kirsch Its Mayor And Samantha Orduno Its- City Manager Thomas Price AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 __Consent SE 162 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASSISTANT NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM F R UN IL N IDE TI N: Consideration of conducting a City Council meeting on Tuesday, August 26, 2003. I. RECOMMENDED CTION: By Motion: Cancel the City Council meeting scheduled for Tuesday, Au ust 26 2003. t3ACKGROUND The City Council regularly meets the second and fourth Tuesday evening of each month. Items for the August 26 (fourth Tuesday) Council meeting can be carried over to September 9, 2003. Therefore, it is suggested that the regular Council meeting scheduled for August 26 be canceled. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code Section 205.01 establishes that regular City 'Council meetings. are held on the second and fourth Tuesday of each month. B. CRITICAL ISSUES • City Council business can be carried over to September 9, 2003. • This item has been placed. on the July 22 City Council agenda so proper notification can be made if the meeting is canceled. ALTERNATIVE RECOMMENDATIONS) • Do not cancel the August 26 Council meeting. V. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 0722cancel AGENDA SECTION: COIISeIIt AGENDA ITEM # 5D REPORT # 161 STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: BRUCE NORDQUIST, HOUSING AND REDEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~/a~ SIGNATURE s' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution authorizing application to the Metropolitan Council for a Livable Communities Demonstration Program grant for City Bella. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution authorizing an application to the Metropolitan Council for a grant for City Bella. III. BACKGROUND ~ The Housing and Redevelopment Agency (HRA) has been working with Gramercy Corporation to redevelop the southwest quadrant of 66th Street and Lyndale Avenue. As part of the Lakes at Lyndale Master Plan, City Bella has the potential to become the pedestrian "hub" for all recent development projects and nearby amenities. The HRA has submitted a request for a Livable Communities Demonstration Account (LCDA) grant from the Metropolitan Council, to provide $1,050,000 million toward the plaza. The total plaza cost is estimated at approximately $2.2 million. _ A requirement of the process is that a resolution indicating City Council support of the application must be passed within 30 days of submittal. The application was submitted June 30, 2003. III. BASIS OF RECOMMENDATION A. POLICY • It is appropriate to seek outside funding for HRA projects whenever possible. • The Lakes at Lyndale Master Plan emphasizes new pedestrian connections, which require additional funding. • The City Council has authorized a License Agreement for public use of the central plaza space and walkways within the City Bella project. B. CRITICAL ISSUES • The City Bella Plaza represents the "hub" of pedestrian connections for the downtown. C. FINANCIAL • A local match is required for the grant; and is provided by the developer. • Available tax increment has been maximized to fund property acquisition and the underground parking structure. • Upon completion, the developer/owner is responsible for any costs to maintain the plaza and public walkways. D. LEGAL • Metropolitan Council guidelines require the City Council to pass a resolution in support of the grant application. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny support. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Richfield, Minnesota ("the City") is a participant in the Livable Communities Act's Housing Incentives Program for 2003 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City agrees to act as legal sponsor for the project contained in the development grant application submitted on June 30, 2003. NOW THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Richfield and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota, this 22nd day of July, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 5C REPORT # 1C0 J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving the publication of a summary legal notice for the vacation of the 6500 block of Xerxes Avenue. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving the summary publication of a legal notice for the vacation of the. 6500 block of Xerxes Avenue. III. BACKGROUND ~ Chapter 3.12 of the Richfield City Charter authorizes the City to publish an ordinance by title-and summary in certain circumstances. The primary circumstance where such a summary publication is intended is for lengthy ordinances, which would require costly publication charges. Such publications are not deemed cost effective. In order to forego the publication of the entire ordinance, the City Council must determine that a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. The summary must then be approved by a City Council resolution. 072 203-Va cX e rx S u m P u b. d o c The ordinance amendment that was approved by the Council at the May 27, 2003 meeting regarding the vacation of the 6500 block of Xerxes is an example of an ordinance that could be summarized rather than published in its entirety. Therefore, a resolution and ordinance summary has been prepared for City Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The City uses Charter authority to publish ordinance summaries where such summary publications meet the requirements of the Charter. • The newly adopted ordinance vacating the 6500 block of Xerxes would be expensive to publish. B. CRITICAL ISSUES • This matter should be reviewed at the second Council meeting in July, after the City of Edina has approved the vacation of their portion of the 6500 block of Xerxes, and so that the publication is not excessively delayed. • Unanimous consent from the Council is required for approval. • The resolution indicates availability of the complete ordinance. C. FINANCIAL • The publication cost savings to the City for publishing only a summary would be $85.80 ($35.75 versus $121.55). D. LEGAL • The authority to do summary publications is provided in the Richfield City Charter: Section 3.12, Manner of Publication of Ordinances. If the City Council determines that publication of the complete text of an ordinance is not worth the expense and that a summary would clearly inform the public of the intent and effect of the ordinance, the Council may by a unanimous vote direct that only the title of the ordinance and a summary be published with notice that printed copies of the ordinance are available to any person during regular office hours at the office of the City Clerk and any other location which the Council designates. Prior to the publication of the title and summary, the Council shall approve the text of the summary and determine that it clearly informs the public of the intent and effect of the ordinance. (Amended Bill 1981-33). • Unanimous approval is required. • Legal counsel has opined that the summary meets Charter requirements. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the recommended motion and require the full ordinance to be - published. V. ATTACHMENTS • Resolution approving the summary publication of the vacation of the 6500 block of Xerxes. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. _ RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF BILL NO. 2003-9 (TRANSITORY ORDINANCE NO. 18.23) WHEREAS, the City has adopted the above referenced Transitory Ordinance at the May 27, 2003 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Bill No. 2003-9. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the City Clerk shall cause the following summary of Bill No. 2003-9 to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION BILL NO. 2003-9 A TRANSITORY ORDINANCE RELATING TO THE VACATION OF THE 6500 BLOCK OF XERXES AVENUE The City Council has adopted Bill No. 2003-9, a transitory ordinance entitled "An Ordinance Vacating Public Right-Of--Way and Public Utility Easements in the 6500 Block of Xerxes Avenue, Richfield." This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The purpose. of this ordinance is to vacate the 6500 block of Xerxes to allow the development of a new commercial building and parking. Copies of the full text of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling 612-861-9760. /s/ Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the City Clerk is directed to keep a copy of the ordinance in her office at City Hall for public inspection and to post a full copy of the ordinance in a public place in the. City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of July, 2003. ATTEST: Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk AGENDA SECTION: Gonsent AGENDA ITEM # 5g REPORT # 159 STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~/ SIGNATURE REVIEWED BY CITY MANAGER: ~ ~. ~i. ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an amendment to the City Administrative Code Chapter 1, Subsection 100.07 adopting references to Minnesota Statutes and Rules and schedule second reading for September 9, 2003. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules and schedule second reading for September 9, 2003. II. BACKGROUND A recommendation is being made to amend Section 100.07 (Official statutes, codes, regulations, and ordinances) to reflect the adoption of the most current State statutes and rules. This change will simply update a section of the City Ordinance Code that should be periodically updated. Section 100.07 presently references Minnesota Statutes 1988, with 1989 supplements and Minnesota Rules in effect on July 1, 1989. III. BASIS OF RECOMMENDATION 07220rdChange A. POLICY • Section 100.07 is an ordinance section that references Minnesota Statutes and Rules. These Statutes and Rules should be the most current and therefore readopted. periodically. B. CRITICAL ISSUES • There is no critical time issue, but the amendment should be done as soon as possible to reflect the most current law. C. FINANCIAL • There is no financial impact associated with this change. D. LEGAL • Amendment to Section 100.07 will keep the City Ordinance in synch with State law. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the ordinance amendment and take no further action. • Defer discussion to another date. V. ATTACHMENTS • Proposed City Administrative Ordinance Code change. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AMENDMENT TO SECTION 100.07 - OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 100.07 of the ordinance code of the City of Richfield entitled "Official statutes, codes, regulations, and ordinances" is hereby amended: 100.07. Official statutes, codes regulations and ordinances. References in this code to Minnesota Statutes are to Minnesota Statutes ~~2002, Minnesota Statutes, ~1~92003 Supplement and Laws of Minnesota -a-g~92003, unless otherwise provided in this code. References in this code to rules and regulations of state agencies, codes, and ordinances of other municipalities are to those documents in effect on July 1, ~~2003, unless otherwise provided in this code. Section 2. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING JULY 22, 2003 Consent 5A 158 REPORT PREPARED BY: RICK REGNIER, INSPECTIONS MANAGER NAME, COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: -~^~ ~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading for consideration of changes in the Richfield City Code Section 400 and 320 to update the City building regulations to the latest version of the State Building Code and the State Fire Code. I. RECOMMENDED ACTION: By Motion: Approve first reading of attached changes to the Richfield City Code, Sections 400 and 320, updating the City building regulations by reference, amending, adding and repealing various sections to comply with the latest versions of the State Building Code and the State Fire Code, and schedule a public hearing and second reading for September 9. 2003. II. BACKGROUND The Minnesota State Building Code has been adopted by Minnesota Statutes Section 168.61 as a uniform building code applicable throughout the State. This ordinance relating to building and fire enforcement adopts the Minnesota State Building Code and Minnesota State Fire Code by reference; and amends, adds and repeals various subsections of Section 400 and Section 320 of the Richfield City Code. 0722 State Building Code The second reading and public hearing are scheduled for September 9, 2003. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statutes adopted the State Building Code and as a Uniform Building Code applicable throughout the state. • It is mandated that the City Building Code is to be in compliance with and incorporates changes made to the Minnesota State Statutes. • This revised ordinance adopts the Minnesota State Building Code and Minnesota State Fire Code by reference: amending, adding and repealing various subsections of Section 400 and Section 320 of the Richfield City Code. B. CRITICAL ISSUES • Richfield City Codes must be in agreement with the State Building and Fire Codes. The wording of the attached ordinance references and incorporates the State Building Code and State Fire Code throughout Sections 400 and 320. C. FINANCIAL • Anew subsection 400.37 has been added to establish additional fees for service for certain Fire Department responses. These fees were. previously discussed at a Council/Staff Worksession and staff was directed to establish fees for service at that time. The amendment allows staff to charge a fee to non-residents for car fires and extrication at vehicle accidents. Minnesota auto insurance provides for payment of these emergency services. Staff will directly bill the insurance company for these services. • The amendment will also allow staff to charge a fee for responses to releases of hazardous materials and flammable/combustible substances. These incidents are generally caused by commercial transports and by underground utility contractors and can involve considerable time and equipment from emergency responders. Reimbursement for many of these types of incidents is already allowed in State and Federal laws. This amendment will make the process faster and more efficient. D. LEGAL • Richfield attorneys have reviewed and prepared the attached ordinance. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ i Here is no alternative recomme must be in agreement. on because the City and State codes ~ V . .ATTACHMENTS ~ • Ordinance ~ Vl. PRINCIPAL PARTIES EXPECTED AT MEETING ORDINANCE NO. - AN ORDINANCE RELATING TO BUILDING AND FIRE CODE ADMINISTRATION AND ENFORCEMENT; ADOPTING THE MINNESOTA STATE BUILDING CODE AND MINNESOTA STATE FIRE CODE BY REFERENCE; AMENDING, ADDING, AND REPEALING VARIOUS SUBSECTIONS OF SECTION 400 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 400.03 of the Richfield City Code is amended to read as follows: 400.03. Adoption of Minnesota State Buildinq Code--ago- ;;per,-~ ~ ~ o ~ oo~ ^ ec~~~~d+t~er. Subdivision 1. Building code. The Minnesota State Building Code, ~+h^ ^;+~ ^f Q;,.hfie,,~~as adopted by the commissioner of administration pursuant to Minnesota Statutes chapter 16B 59 to 16B 75 including all of the amendments rules and regulations established adopted and published from time to time by the state commissioner of administration throu h the buildin codes and standards division. is adopted by reference with the exception of the optional chapters unless specifically adopted m this ordinance The Minnesota State Building Code is incorporated in this chapter as completely as if fully set out ~#~-ll-herein. Subd. 2. Buildinq Code Optional Chapters The following optional provisions identified in the most current edition of the State Buildinq Code are hereby *~^ a-re adopted by reference and incorporated into this code as if fully set out at this point: ~a) Chapter 1306 Special Fire Protection Systems option 2; fib) ~°'~ ~~-t-~#+c+~~--C~if~a#+ee---Chapter 1335 Floodproofing Regulations Parts 1335 0600 through 1335 1200; ~c~ ~ ~ Optional Appendix Chapter K of the 2002 International Buildinq Code Supplement; ~~ "~ ~~j~Re~ nfiniv e ~ °~p~tt~F~'t~"`^M'i~~ ~-r-Tncr7'yT`~''~~ri-rT~yTe~p r ne C~r~ ~n+~ ~re~e. tt g f Sec. 2. Section 400 of the Richfield City Code is amended by adding a new subsection 400.04 as follows: 400.04. Application Administration and Enforcement Subdivision 1 The application, administration and enforcement of the code shall be in accordance with the Minnesota State Building Code. The code enforcement aaency of the City of Richfield is called the inspections division. This code shall be enforced by the state _ certified building official designated by the city to administer the code as provided in this subsection. Subd. 2. For purposes of this chapter the term "building official" means the chief building official of the inspection division of the department of public safety Subd. 3. Permits and Fees The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes section 166.62 subdivision 1. Permit fees wilt be assessed for work governed by this code in accordance with the schedule contained in appendix D of this code In addition a surcharge fee will be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes, section 166.70. It is unlawful for any person to perform any work regulated by this section without first having obtained a permit to do so and paid all applicable fees contained in appendix D _ Subd. 4. Fee Waiver. The city council may waive the city's portion of building permit and plan review fees chargeable to another political subdivision of the state if the council finds that the action is appropriate by reason of unusual circumstances unique to the particular project involved and that the public interests of the city will be served thereby. Subd. 5. Violations and Penalties. A violation of this code is a misdemeanor. Sec. 3. Subsection 400.07 of the Richfield City Code is amended to read as follows: 400.07. License and permit fees heating and ventilating air conditionin and refrigeration. Subdivision 1. No person may engage in the business of heating, cooling, ventilating or refrigeration construction or installation unless licensed to do so by the city after demonstration of competency, and submittal of certificates of insurance and a bond in the amount of $1,000. The annual license fee for heating and ventilating cooling heating, cooling, air conditioning or refrigeration construction and installation is provided in appendix D Subd. 2. Permits Required. No person may perform any work regulated by this cede section without first having obtained a permit to do so and paid the fees set by appendix D. Sec. 4. Subsection 400.09 of the Richfield City Code is amended to read as follows: 400.09. State electrical license. Subdivision 1. Unless otherwise provided by state law no person may practice or engage in the business or trade of electrical construction and installation within the city unless such person is the holder of a valid and current electrical contractor license from the state. ~'^ ^^rcc:-::v:~ ~~ o;,~..~., +h+ho Subd. 2. Permits Required. Unless otherwise provided by state law no person may perform any electrical work regulated by this code without first having obtained a permit to do so. The fees required for permits issued pursuant to this subsection are contained in appendix D. Sec. 5. Section 400 of the Richfield City Code is amended by adding a new subsection to read as follows: 400.10. Permits to Owners. Notwithstanding the requirements of this section permits may be issued to persons who own and occupy single family dwellings for work performed within or on said dwellings pursuant to sections 400 05 400 07 and 400.09. Sec. 6. Subsections 400.13, 400.15 and 400.17 of the Richfield City Code are repealed in their entirety. Sec. 7. Subsection 400.21 of the Richfield City Code is amended to read as follows: 400.21. Fire prevention code: adoption of fire prevention code. The Minnesota ~J-r~+f State Fire Code, as adopted by the state commissioner of public safety. is ., -------- - -~- --__, _.. ~....,...,...,,, w.,,~ ~,,.. , ~e-~+re-N~°n+c~~°~-a~ hereby adopted by reference as though fully set out in this subsection, with the following amendments: (a) Section 108.1 of the International Fire Code is retained in its entirety (b) Section 307 of the International Fire Code is retained in its entiretL (c) Section 905.3.2 of the International Fire Code is amended by adding "when approved by the chief' after the word "Exceptions " (d) Appendix chapters B C and D of the International Fire Code are adopted by reference as though fully set out in this subsection Subsections 400.21 to 4.89:3 400.37 are the fire prevention code of the city. Sec. 8. Subsection 400.23 of the Richfield City Code is amended to read as follows: 400.23. Fire d+v+sieo department: duties. The fire prevention code is enforced by the fire department under the supervision and direction of the fire chief ^f +ho firo ~:.,c~;~„ who is the enforcement officer. The officer or officers specifically in charge of the administration of this code shall be known as the fire marshal or marshals and shall be given authority for this purpose by the fire chief ^f +hc firo ,~;,,; ;~.,. The fire chief may detail such members of the fire department d+v+sie~ as inspectors, working under the fire marshal or marshals as shall from time to time be deemed necessary. The fire chief ^r- "~i,~ d-iv+aiea may recommend to the manager the employment of technical inspectors who, when such authorization is made, shall be selected to assist the fire marshal or marshals. In addition to the fire marshal or fire marshals, the fire prevention code may also be enforced by the building official whenever appropriate and after consultation with the fire marshal or marshals. A report by the fire marshal shall be made annually and transmitted to the manager; it shall contain all proceedings under this section, with such statistics as the fire chief may wish to include therein; the fire chief n"e-fiT~ ^~~~~~~ shall also recommend any amendments to the code which, in the chiefs judgment, shall be desirable. Sec. 9. Subsection 400.25 of the Richfield City Code is amended to read as follows: 400.25. Prohibition of storage of flammable liquids outside above ground tanks bulk storage of liquified petroleum gases and storage of explosives and blasting agents. The storage of the substances defined in sec*ic;;c ~on~ ~n~ Q~r,~ chapters 33. 34 and 38 of the fire NY°v,r°v;;tiv,, -~ of the International Fire Code in the manner described therein, is prohibited within the city. Sec. 10. Subsection 400.27 of the Richfield City Code is repealed in its entirety. Sec. 11. Subsection 400.31, subdivision 1 of the Richfield City Code is amended to read as follows: 400.31. Establishment of fire lanes. Subdivision 1. Orders establishing fire lanes. The fire department d+v+s+sr~ is authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be obstructed. Sec. 12. Subsection 400.33 of the Richfield City Code is amended to read as follows: 400.33. Other prohibited acts. Subdivision 1. Protection of fire hoses. No person may drive any vehicle over a fire hose, except on specific orders from a member of the police or fire departments ~+v+s+e~s-of the city, and then only with due caution. Subd. 2. Parking near fire equipment. No person may park any vehicle or place any material or other obstruction within 20 feet of the entrance to any fire station or within 10 feet of any fire hydrant ^r Piro ,.cam+or., or park any vehicle within 300 feet of a place where a fire requiring fire fighting by the fire department d+v+s+sr~ is in progress. Sec. 13. Section 400 of the Richfield City Code is amended by adding a new subsection to read as follows: 400.37.. Fees for fire services. The fire chief is authorized to charge a fee for the followin services: ~a) extinguishment of vehicle fires for persons who are not residents of the C~tv; (b) extrication of vehicle accident victims who are not residents of the City' and (c) stabilization and standby of release of hazardous materials and flammable/combustible substances The amount of the fee is established in Appendix D of this code The fire chief will _~ mail an invoice for the fee to the recipient of the services or to the insurance carrier for the recipient. Sec. 14. Subsection 320.03 of the Richfield City Code is amended to read as follows: 320.03. Definition. For the purposes of this section the term "enforcement officer" includes the director of public safety, the fire chief, the director of community development, and the appropriate division heads within those departments. The enforcement procedure set out in this section shall be used by the appropriate enforcement officer in enforcing the regulations to which this section apply. Sec. 15. Subsection 320.13 of the Richfield City Code is amended to read as follows: 320.13. Board of appeals. The council is the board of appeals. Appeals under this section shall be heard by the board. The manager, the building official, the director of public safety and the fire ;curs"ul ^r m^rc"~~~ chief shall serve in an advisory capacity as ex-officio members of the board. At a hearing conducted pursuant to this section, the enforcing officer shall present the evidence with respect to the existence of a violation, and the appellant and his attorney may call and cross-examine witnesses and make such argument with respect to the facts and law as may be relevant to the alleged violation. The board may obtain the advice of the attorney or his designate in connection with the conduct of the hearing or the action to be taken. The board may act in the absence of any one of its members if such member is not reasonably available, but in no case shall it act without the affirmative vote of any two members. The board may, upon the hearing, affirm in whole or in part or deny the existence of a violation of this part, and, if a violation is found to exist, confirm or modify the corrective action to be taken or the other requiring vacation of the premises and the time allowed therefor. Adopted this day of , 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk