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07-23-01 Agenda. -L_C~C~z---- CITY OF RICHFIELD, MINNESOTA ..IIAONDAY, _JULY 23, 20D~ __ RICHFIELD CITY HALL 6700 PORTLAND AVENUE _ _ SPECIAL -CITY COUNCIL STUDY SESSION COUNCIL CHAMBERS 5:30 P.M. Call to order Roll call 1. Annual meeting with Community Services-Commission (10 minutes) 2. Annual meeting with Human Rights Commission (10 minutes) 3. Discussion of background information relative #o changes in Section 805 of City Code regarding bus benches and shelters (30 minutes) 4. Discussion of parking, building improvements and land uses at Gramercy Park (30 minutes) Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS • 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Pledge of Allegiance Roll call Approval of minutes of (1) Special City Council Meeting of July 9, 2001; (2) Regular City Council Meeting of July 9, 2001; (3) Special City Council Study Session of July 11, 2001; and (4) Special City Council Meeting of July 12, 2001 PRESENTATION 1. Council discussion items Notes: 2. Opportunity for citizens to address the Council on items not on the agenda (Limited to 15 minutes) Speakers are asked to keep their comment period to three minutes to allow sufficient time for others. Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. Notes: • AGENDA APPROVAL 3. -Gouncil approval=of:agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council. action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing application for Opportunity Grant through Livable Communities Demonstration Program S.R. No. 169 B. Consideration of approval of resolution designating increase in City's contribution toward health insurance premiums for General Services and Management employees S.R. No. 170 C. Consideration of approval of renewal of lawful gambling license with fee waiver and resolution allowing bingo and pulltab operations for Church of the Assumption, 305 East 78th Street S.R. No. 171 D. Consideration of approval of first reading of ordinance amendment rezoning parcel at 6937 Penn Avenue and 14 southerly feet of parcel of 6933 Penn Avenue from single family residential to neighborhood commercial S.R. No. 172 E. Consideration of approval of first reading of transitory ordinance authorizing sale of property at 6933-37 Penn Avenue to Dr. Donald Johnson for construction of parking lot adjacent to 6945 Penn Avenue S.R. No. 173 F. Consideration of approval of first reading of ordinance amendment to City Administrative Code Chapter III, Subsection 310.33 describing vacation leave and 310.37 describing personal leave S.R. No. 174 G. Consideration of approval of first reading of ordinance amendment relating to regular meetings of City Council; amending Subsection 205.01 of Richfield City Code S.R. No. 175 H. Consideration of approval of itinerant place of amusement and itinerant food license with fee waiver for Church of St. Peter's annual fall festival, 6730 Nicollet Avenue, on October 6 and 7, 2001 S.R. No. 176 Notes: • PUBLIC HEARINGS .._. _ __....5._.,~public hearing -and ~sscond read+ng of transitory-~ordinax~ce appa-~aving..capital improvement project over $500,000 for purchase and installation of 800 MHz Public Safety radio system Staff Report No. 177 Notes: 6. Public hearings and consideration of resolutions regarding adoption of special assessment rolls for period January 1through-December 31, 2000 • Removal of diseased trees from private property Staff Report No. 178 Notes: • 77th Street maintenance Staff Report No. 179 Notes: • Lyndale/HUB/Nicollet maintenance Staff Report No. 180 Notes: 7. Public hearings and consideration of resolutions to specially assess for current maintenance services for January 1 through December 31, 2002 • 77th Street maintenance Staff Report No. 181 Notes: • Lyndale/HUB/Nicollet maintenance Staff Report No. 182 • Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS 8. Consideration of new residential kennel license for 6435 Morgan Avenue; four dogs Staff Report No. 183 __ Notes: 9. Consideration of parking, building improvements and land uses at Gramercy Park Staff Report No. 184 Notes: • 10. Consideration of award of contract for reconstruction and widening of 76th Street from I-35W to west of Penn Avenue Staff Report No. 185 Notes: 11. Consideration of award of contract for demolition of Metro Hyundai Service Center building, 2115 Southtown Drive, Bloomington, needed for Penn Avenue bridge over 1- 494 Staff Report No. 186 Notes: 12. Consideration of agreement between Reliant Energy Minnegasco and City of Richfield • to relocate gas main for Penn Avenue bridge project Staff Report No. 187 Notes: RESOLUTIONS _. _ 13. Consideration of • Financing method for Transportation Revolving Loan Fund loan agreement between Minnesota Public Facilities Authority and City of Richfield for partial financing of Penn Avenue bridge project • Resolution declaring adequacy of petition for improvement project from Best Buy Company, ordering preparation of project feasibility report and ordering public hearing :for August 13, 20.01 _: • Resolution authorizing-execution and delivery of agreement among ~Gity,-HRA and Best Buy Company, Inc. regarding Penn Avenue bridge replacement project StafP.Report No. 18.8 ___...~_ Notes: 14. Consideration of resolution regarding Richfield City Council Rules of Procedure and Decorum Staff Report No. 189 Notes: AIRPORT BUSINESS 15. Airport status report Notes: COUNCIL CHOICE 16. Claims and payrolls 17. Adjournment • Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at feast 96 hours in advance to the Administrative Services Director at 612-861-9702. • AGENDA SECTION: AGENDA ITEM # REPORT # REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: REVIEWED BY CITY MANAGER: STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 Resolution 14 189 SAMANTHA ORDUNO, CITY MANAGER SAMANTHA ORDUNO, CITY MANAGER ~, ITEM FOR COUNCIL CONSIDERATION: II Consideration of resolution adopting Council Rules of Procedure and Decorum. I. RECOMMENDED ACTION: By Motion: Adopt-the attached resolution establishing the Council's Rules of Procedure and Decorum. II. BACKGROUND This issue was brought before the City Council at the Council Worksession on July 11, 2001. After the Worksession discussion, the Council directed the City Manager to update the resolution and bring it back to Council for adoption. III. BASIS OF RECOMMENDATION The need to update, modify and add sections of the Rules was required to ensure consistency with State law, common practices among cities and enhance the efficiency and effectiveness of City operations. It was also beneficial to place all references to rules of procedure and decorum into one document for easy reference. • A. POLICY • The City Charter provides that the Council, by resolution, may set their Rules of Procedure and Decorum. Resolutions of this nature are 0723councilrules • generally reviewed and updated, if necessary, on an annual basis. Establishing Rules of Procedure and Decorum by resolution is the best, most effective standard for councils to keep pace with changes in State law and other procedural practices among cities. B. CRITICAL ISSUES • The attached Rules of Procedure and Decorum have several changes outlined below. These changes reflect the Council direction given at the July 11, 2001 Council Worksession, the inclusion of provisions of the City Code and Charter into the Rules and minor clarifying language changes. • Section 3 is now a section on Council meetings outlining existing days and times for regular meetings as well as protocols for locations and emergency situations. Language for special meetings included in the City Charter is inconsistent with State law which requires a three day notice before a special meeting can be called. The City has been following State law since its adoption and should incorporate the law into its Rules and ask the Charter Commission to revise the Code accordingly. Added to this section is the change in practice of posting special meeting notices and ceasing the costly and cumbersome practice of publishing. • Section 5, Subd. 3 Order of Business has been revised to reflect the inclusion of Council Discussion, the City Manager's Report and Other Business as well as the elimination of the Public Comment portion of the agenda -the Public Comment time has been changed to an Open Forum. • Section 5, Subd. 5 Minutes from the City Code has been added to the Rules. • Section 5, Subd. 8 Presentation of Agenda Item has been added and speaks to the elimination of Staff Report summaries. • Section 5, Subd. 9 Public Participation changes reflect the elimination of the Public Comment time and the creation of a separate Open Forum that will take place prior to the commencement of a regular scheduled meeting and prior to the commencement of video taping or cablecasting of the meeting. • The new (d) under Section 5, Subd. 9 reflects the request that the Council have the option to open items up for public discussion that come to the Council from the Planning Commission, HRA and/or other Boards and Commissions. • Section 6 -Voting includes Subd. 4 which is taken directly from the City Code and a new Subd. 5 which speaks to the encouragement of Council Members to publicly states the reasons why they will cast their vote. • • Section 7 -Rules revised the Subd. 2 Recognition to include just the Council Members, as others are mentioned in the section detailed next. • Section 7, Subd. 6 Addressing the Council has been revised to reflect the 3-minute limit on speakers. No other change was necessary to require that all public comment first go through the Presiding Officer. • In that same section, Subd. 9 Conduct was changed to better clarify expectations. • Section 7, Subd. 10 has added a sentence to reflect the Presiding Officer's option to recess the meeting. This has been practice and it is appropriate to include it in the Rules. • Section 9 is only. a minoraanguage change .renaming Workshops to Worksessions and an addition of Subd. 3 to provide for the audio recording of these meetings. • Section 12 Items Presented to Council is new and reflects the need for the City to be in possession of information that comes to the Council as part of a meeting. This is critically important in regards to land use and development projects that change over time. • Sections 13, 14 and 15 have been added to the Rules directly from the City Code with no language changes suggested at this time. C. FINANCIAL • The financial implications of the changes to the Rules is minor and is reflected in savings rather than additional costs as the goal is to • streamline operations to be more efficient and effective. D. LEGAL • The City Attorney will be present to address any legal issues. IV. ALTERNATIVE RECOMMENDATION(S~ • Revise as appropriate and adopt. • Revise as appropriate and table until next meeting or future date. V. ATTACHMENTS • Resolution • Draft Rules of Procedure and Decorum VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • i RESOLUTION NO. RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS WHEREAS, it is appropriate for the City Council to establish rules of procedure and decorum for council meetings and Board and Commission meetings; and WHEREAS, the Richfield City Code, section 205.13, subd. 2(c) provides that the City Council may adopt such special rules by ordinance or resolution from time to time as necessary; and WHEREAS, the City Council has determined that it is appropriate to adopt these special rules of procedure and decorum. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Richfield, as follows: 1. The attached rules of procedure and decorum are hereby established. 2. These rules shall remain in effect until modified by resolution of the City Council. 3. These rules shall be interpreted, wherever possible, so as to be consistent with the rules set forth in the City Code. In the case of any irreconcilable conflict between these rules and the rules in the City Code, the rules in the City Code shall prevail. Adopted by the City Council of the City of Richfield this 23rd day of July 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • RICHFIELD CITY COUNCIL RULES OF PROCEDURE AND DECORUM (Draft Changes July 23, 2001) SECTION 1. PURPOSE Subd. 1. General. It is recognized that in order to enhance the concept of effective and democratic government, it is essential that a legislative body establish formal rules of procedure and decorum so that a true deliberative process will be observed and not disturbed. SECTION 2. GENERAL Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the City Council shall be followed and supplemented by the Rules of Procedure and Decorum of the City Council Subd. 2. General Rules. In all matters of parliamentary procedures, the Council shall be governed by the latest printed edition of the STURGIS STANDARD CODE OF PARLIAMENTARY PROCEDURE as published from time to time except as modified by these rules and the rules set forth in Section 205 of the City Code. SECTION 3. COUNCIL MEETINGS Subd. 1. .Regular Meetings. Regular meetings of the Council shall be held, without necessity for notice, every second and fourth Monday commencing at 7:00 p.m. until December 31, 2001 and every second and fourth Tuesday commencing at 6:30 p.m. thereafter, in the City Council Chambers, 6700 Portland Avenue, Richfield, Minnesota. Subd. 2. Other Locations. The Council may, from time to time, elect to meet at other locations within and outside the City and upon such election shall give public notice of the change of location in accordance with State law and the City Charter. Subd. 3. Location During Local Emergency. If, by reason of emergency, it shall be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or designate. Subd. 4. Special Meetings. The Mayor or any two members of the Council may call a special meeting of the Council upon at least ~ 72 hours written . notice to each member of the Council. The notice shall be delivered personally to each member or shall be left at his usual place of residence with some responsible person. Special meeting notices will not. be published, but will be posted at City Hall, the Hennepin County Library located within the City and the City's Community Center. SECTION ~4. PRESIDING OFFICER Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. The presiding officer shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure, and determine without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Subd. 2. Appeal of the Ruling of the Presiding Officer. Any member of the Council may appeal from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain the ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority vote. Subd. 3. Rights of the Presiding Officer. The presiding officer may speak on any question and make motions and second motions. SECTION 45. AGENDA • Subd. 1. Matters for Consideration. Matters for Council action shall be submitted by members of the Council and residents to the City Manager. Subd. 2. Preparation. An agenda of business for each regular meeting shall be prepared in the office of the City Manager and completed by 4:30 p.m. on the Fridaypreceding ameeting. a~ e-Copies thereof delivered to each Council Member as far in advance of the meeting as time for preparation will permit. Subd. 3. Order of Business at Regular Meetings. At the hour appointed for the regular meeting of the City Council, the meeting shall be called to order by the presiding officer. If a quorum is present, the City Council shall then proceed with its business in the following manner: (a) approval of minutes of previous meeting (b) presentations (c) Council Discussion (d) agenda approval (e) consent calendar (f) public hearings in^',,,~in^ ^riJin.~nne ho.~rin.vc+ (g) proposed ordinances (h) resolutions City Manager's Report Q) Other business Subd. 4. Varying Order of Business. The presiding officer may vary the order of business.. Subd. 5. Minutes. Subdivision 1. Approval of minutes. The clerk shall provide a printed copy of the minutes of each meeting to each Council Member as soon as possible after each meeting. If such printed copies have been distributed to Council Members in advance of the next regular meeting of the Council the minutes may be approved without verbatim reading. Amendments or corrections proposed by any member of the Council shall be made by the clerk, but no amendment to which objection is raised by any member shall be made without the approval of a majority of the Council Subd. 2. General contents of minutes. The clerk shall record all material matters considered by the Council in the minutes. Minutes shall be summary minutes. Ordinances, resolutions, communications and claims considered by the Council need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. The Council may in its discretion direct that any one of the above be fully set out in the minutes. • Subd. ~56. Consent Agenda. In the preparation of the agenda for a meeting, .the City Manager may place certain items of business on a consent calendar. A member of the Council wishing to remove any item from the consent calendar may do so at the time that the consent calendar is reached on the general Council agenda. Any item removed from the consent calendar shall become one of the regular agenda items of the meeting, .~r+rl c hall L,o +~Lon ~ ~n n#or +ho nnr~c~cn~ n~+lonrl~+r All items not so removed from the consent calendar may be passed by a single, non- debatable motion. Matters proposed by the City Manager for the consent agenda shall be those that the Manager deems to be of a routine, non- controversial nature. Subd. 67. Items Not on the Agenda. The Council may consider items not appearing on the agenda as normal business if a Council Member does not raise an objection. If a Council Member raises an objection, a vote of the majority of the Council Members present shall determine the appropriateness of further consideration of the matter at that time. The Council may not take action on any item that requires public notice or hearing. Subd. 8. Presentation of Agenda Item. The City Manager shall introduce each agenda item, unless done so by a Council Member, followed by the presiding officer's opening of the item for Council discussion. Oral summaries of Staff Reports on agenda items will not be given, but the • City Manager and appropriate staff will stand for questions and clarification on items. Subd. ~9. Public Participation. Members of the public may address the City Council during: (a) Public hearings Open Forum. Prior to the commencement of the official business of the Council at reqularly scheduled Council meetings, members of the public will be afforded the opportunity to address the Council on City business and items that are not on the meeting's agenda. Open Forum will be limited to a total of 15 minutes and each speaker will be limited to 3 minutes. Individuals will not be permitted to give. . their time to others. All persons wishing to speak during the Open Forum must register with the City Manager's office no later than 4:00 p.m. on the day of the reqularly scheduled Council meeting. Registration shall include their name, address and. the topic on which they wish to speak. Staff will provide a list of the Open Forum speakers to the presiding officer at the start of each Open Forum. The presiding officer will announce each name and their topic. If there are more people registered than time allows. the Council may, after a majority vote of the City Council, provide a second Open Forum limited to a total of 15 minutes directly before the adjournment of the meeting. Speakers will be restricted to 3 minutes_each. Speakers will not be permitted to make direct or inferred comments on personality conflicts with City Council, commission or staff members and speakers who make personal attacks. campaign endorsements or campaign statements will lose the opportunity of addressing the Council in Open Forum. City Council will not take official action on items discussed during Open Forum, except to refer items to staff or commission for future report. Council Members may ask questions for clarification purposes, but they may wish to investigate or research issues .before responding. City Council or staff members will respond at a later date by letter, telephone or in e~ . The Open Forum shall not be videotaped or cablecast. (c) Specific issues scheduled on the agenda, other than public hearings, if no Council Member raises an objection. If a Council Member raises an objection, a vote of the majority of Council Members present shall determine the appropriateness of accepting public comment on the matter under consideration. Items coming before the Council from the Planning Commision, HRA and other boards and commissions that do not reauire a public hearing may, by a majority vote of the Council, be the subject for public discussion. SECTION 56. VOTING Subd. 1. Procedure. The votes of the members on any ordinance, resolution or motion pending before the Council shall be by voice vote, unless the Mayor or any Council Member requests that a roll call vote be taken. The presiding officer shall call for a roll call vote whenever a voice vote of the Council is not clear as to the disposition of the action before the Council. Subd: 2. Abstention. A Council Member may be excused from voting on a matter .properly before the council only with the unanimous consent of the other members present, unless the Member is required by law to abstain from voting. The Council Member must announce the Member's intention to abstain prior to the vote being taken. The clerk shall record the abstention as "Abstain-name." Subd. 3. Voting Order for Roll Call. The Jerk shall call for the vote in consecutive order of wards. The presiding officer shall always vote last. Subd. 4. Discussion Prior to the Vote Prior to the Vote on Any Agenda Item or Council Action Requiring a Vote, Council Members are encouraged to publicly express their reasons for the vote that they will cast on any issue before the Council requires a Council vote. Subd. 5. Excused From Voting. A Council Member may be excused from voting on a matter properly before the Council only with the unanimous consent of the other members present, unless the member is required by law to abstain from voting. SECTION 67. RULES OF DECORUM Subd. 1. Council. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb-any member while speaking or refuse to obey the orders of the presiding officer. Subd. 2. Recognition. "'^ ^°r°^., ^r ,,,°.,.,h°r Members of the Council shall first be recognized by the presiding officer prior to addressing any other Council member, staff or member of the public. r°n^nni~°.d h~i+h° .,r^~;,~;.,^ ^~^°r First names will not be used to address Council Members, staff or members of the public. Subd. 3. Discussion. At the request of any Council Member or the Mayor, Council discussion shall. be limited as provided in this subdivision. When the rules of this subdivision are invoked, no member of the Council shall speak more. than twice on any question, nor more than five minutes each time without consent of the Council. Subd. 4. Staff. Members of the City staff shall observe the same rules of order and decorum as are applicable to the City Council Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and public shall confine remarks to the matter under debate. Subd. 6. Addressing the Council. Each member of the public addressing the Council shall step up to the microphone provided for the use of the public • and after being recognized by the presiding officer a~ give his/her name and address in an audible tone of voice for the records, state the subject to be discussed, and state who the speaker is representing if representing an organization or other persons. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without permission of the presiding officer. No question may be asked a Council Member or a member of the staff without the permission of the presiding officer. The presiding officer may impose a few-three-minute time limit on remarks by speakers, whenever in the presiding officer's judgment, a time limit is necessary in order to expedite the progress of the meeting or ensure the opportunity for other speakers to be heard. The City: Council may by majority vote extend the time limit imposed by the presiding officer. Subd. 7. Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group M to address the Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. Subd. 8. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing the permission to do so by a majority vote of the City Council. Subd. 9. Conduct. Any member of the Council, staff or person indulging in ~°r°°^crwnui'mev personal attacks or making impertinent, slanderous, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceeding, shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. Subd. 10. Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. If, after being cautioned to cease and desists from such behavior, the behavior continues, the presiding officer may call a recess until such time that the members of the audience refrain from such conduct. U SECTION ~8. ENFORCEMENTS OF DECORUM Subd. 1. Warning. All persons shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, said officer may order the person removed from the meeting. If the person does not remove himself/herself, the presiding officer may order that the Sergeant-at-Arms remove the person. Subd. 2. Sergeant-at Arms. The Public Safety Director, or such member or members of the Police Department, shall be Sergeant-at-Arms of the Council meetings. The Public Safety Director or such member or members of the Police Department shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council. Subd. 3. Resisting Removal. Any person who resists removal by the Sergeant-at- Arms may be charged with violating City ordinance. Subd. 4. Motions to Enforce. Any Council Member may move to require the presiding officer to enforce these rules and the affirmative vote of a majority of the Council shall require the presiding officer to do so. Subd. 5. Adjournment. In the event that any meeting is willfully disturbed by a person or group of persons so as that orderly conduct of the meeting is not feasible, and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned with the remaining business considered at the next regular meeting or at a special meeting called by the presiding officer. SECTION ~9. WORKS#9RSESSION MEETINGS Subd. 1. General. Workslaepsession meetings of the City Council may be held at the call of the Mayor. No official Council action will betaken at Worksf~session meetings. Subd. 2. Rules of Procedure and Decorum. The Rules of Procedure and Decorum of the City Council shall be observed in Worksessions so far as they are applicable. Subd. 3. Audio Recording_of Worksessions. All Council Worksessions shall be audio taped and maintained in the same manner used for recording and maintaining audio tapes for regular meetings of the Council. SECTION 910. CAMERA AND RECORDING DEVICES Subd. 1. Use of Cameras and Recording Devices Limited. Cameras, including television and motion picture cameras, electronic sound recording devices and any other mechanical, electrical or electronic recording devices may be used in the Council Chamber, but only in such a manner as will cause a minimum of interference with or disturbance of the proceeding of the Council SECTION a-A11. SEPARABILITY Subd. 1. General. If any section, subdivision, sentence, clause, phrase or portion of these Rules of Procedure and Decorum is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 12. ITEMS PRESENTED TO COUNCIL Subd. 1. General. Any and all written materials, documents and other materials presented to the City Council at a Regular, Special or Worksession meeting including but not limited to maps, models, pictures and drawings shall become the property of the Citk SECTION 13. ORDINANCES AND RESOLUTIONS Subd. 1. Introduction and adoption. All legislation of the City shall be by ordinance. Ordinances, resolutions and other matters requiring Council action shall be introduced by a member of the Council. The Manager may present ordinances, resolutions and other matters for consideration. Subd. 2. Readings. Every ordinance shall receive two readings before the Council prior to final adoption. An ordinance need not be read in full unless a member of the Council requests such a readinq_ Subd. 3. Emergency ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health and morals, safety, or welfare in which the emergency is defined and .declared in the preamble. An emergency ordinance must be adopted by the unanimous vote of the Council Members present. Subd. 4. Amendments. Amendments may be made to a proposed ordinance after either its first or second reading.. Subd. 5. City Charter provisions. The procedure for the adoption of ordinances and resolutions shall conform to the requirements of the Charter. Subd. 6. Public hearing requirements. Public hearings will be held only for those matters required by State law of City Charter. SECTION 14. ATTENDANCE AT COUNCIL MEETINGS . Subd. 1. Attendance at Council meetings. Attendance of Council Members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, delib- erations and decisions of the Council is essential to the proper discharge of the member's official duties. Recognizing_that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences of Council Members from meetings when invoked by resolution of the Council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the Council; (b) unless excused by a majority of the city council, a member of the Council may not be absent from any regular meeting or from such special meetings as the Council may specify in the resolution; (c) for each unexcused absence from a regular or special meeting of the Council each Council Member may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting;, ~d) any member of the Council desiring to be excused shall insofar as possible give advance notice to the Manager, statincL(i) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii) the member's location during the meeting_ SECTION 14. RULES OF ORDER Subd. 1. Suspension of Rules. The operation and effect of a rule set forth in this subsection may be suspended upon the unanimous vote of the Council. • • AGENDA SECTION: Resolutions AGENDA ITEM # 13 REPORT # 1 g g ~- STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: TOM FOLEY, TRANSPORTATION ENGINEER NAME, TiTr.r: U REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR ~-, ,~ N,anm~:; Tir~rr: DEPARTMENT DIRECTOR REVIEW: ~ ~~'A10~ s ~~~ t0~ ~ ~_ ~A n REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: • Consideration of approval of financing method for the Transportation Revolving Loan Fund loan agreement between the Minnesota Public Facilities Authority and the City of Richfield for partial financing of the Penn Avenue bridge project and approval to set public hearing with reauired public notices and mailing. I. RECOMMENDED ACTION: By Motion: (1) Approve the proposed method for financing the Transportation Revolving Loan Fund loan agreement between the Minnesota Public Facilities Authority and the City of Richfield for partial financing of the Penn Avenue bridge project. (2) Approve the attached resolution declaring adequacy of a petition for an improvement project from the Best Buy Company, order the City Engineer to prepare a project feasibility report, and order a public hearing for August 13, 2001. (3) Approve the attached Resolution Authorizing The Execution And Delivery Of An Agreement Among The City, HRA And Best Buy Company, Inc. Regarding the Penn Avenue Bridge Replacement Project. 0723-TRLFpetition III. BACKGROUND The Richfield City Council approved the submittal of a Transportation Revolving Loan Fund (TREE) application for partial funding of the Penn Avenue Bridge project on March 12, 2001.. The application was submitted to the Minnesota Public Facilities Authority (PEA) which has reviewed and approved the application. The application requested a loan amount of $6.7 million, however only $5 million is available at this time in the fund. Since there is an urgency to secure funds for the Penn Avenue Bridge Project, the City is prepared to accept the $5 million loan at this time. The additional $1.7 million loan will be requested as an amendment to the loan agreement at the time the TRLF fund has been replenished through the sale of new state TRLF. bonds or the repayment of existing .loans. It is anticipated this will occur within the next 12 months. As part of the financing plan for the Penn Avenue Bridge, the City will repay the principal of the loan using Minnesota Department of Transportation funds. The Minnesota Department of Transportation is proposing to use federal funds to repay the City for the loan principal. These funds will become available in two installments. The first installment will be in 2005 for $4.7 million and the second in 2006 for $2.0 million. The City is responsible for paying the interest on the TRLF loan. The interest rate on the loan will be about 3%. It is estimated that interest on the loan may cost approximately $700,000. . Corrine Thomson, the City Attorney, has prepared the attached report that outlines the steps needed to create a special assessment district to finance the TRLF loan using General Obligation Improvement Bonds. Best Buy has agreed to be assessed for the funds. There needs to be a simultaneous agreement (attached) by the City, the Richfield Housing and Redevelopment Authority (HRA) and the Best Buy Company that the assessments will be paid by the HRA. The repayment schedule will be structured so that interest payments of approximately $700,000 will need. to be made by the HRA. There are sufficient funds in the bridge project budget to cover the interest costs.. Resolutions are attached to begin the process for issuing the improvement bonds and creating a special assessment district. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan identifies the need to rebuild I-494 as away to reduce traffic on local City streets. B. CRITICAL ISSUES • The TRLF is essential to complete the financing of the Penn Avenue bridge. The existing bridge is already inadequate and regularly causes serious traffic congestion during rush hours. C. FINANCIAL • The Minnesota Department of Transportation has agreed to repay the principal on the TRLF loan. The interest on the TRLF loan will be around three percent. Interest on the TRLF loan will amount to about $700,000 and will be the responsibility of the City's HRA to repay through. project-related sources. D. LEGAL • The City Attorney has reviewed the petition agreement with Richfield Housing Authority and the Best Buy Company, and all loan documents needed to obtain a TRLF loan. IV. ALTERNATIVE RECOMMENDATION~S~ • Council may refuse to approve the funding method proposed by City staff for the TRLF loan. This would seriously jeopardize attempts to build the Penn Avenue bridge as soon as 2001 and delay reconstruction for ten years. V. ATTACHMENTS • Staff Report and Recommendation from Corrine H. Thomson of Kennedy and Graven to the Richfield Mayor and City Council. . • Resolution Declaring Adequacy Of Petition For An Improvement Project; Ordering Preparation Of A Report; And Calling For A Public Hearing On The Improvement Project. • Resolution Authorizing The Execution And Delivery Of An Agreement Among The City, HRA And Best Buy Company, Inc. Regarding the Penn Avenue Bridge Replacement Project • Agreement Between the City of Richfield, Richfield Housing and Redevelopment Authority and the Best Buy Company. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. I~ r~ U CORRINE H. THOMSON Attorney at Law Direct Dial (612) 337-9217 Email: cthomson@kennedy-graven.com STAFF REPORT AND RECOMMENDATION DATE: June 28, 2001 TO: Mayor and City Council FROM: Corrine H. Thomson, Kennedy and Graven SUBJECT: Penn Avenue Bridge Replacement Financing GENERAL INTRODUCT-ION A key element in the redevelopment of the Interchange West and Lyndale Gateway Tax Increment Financing District (TIF District) is the construction of the replacement bridge over 494 and Penn Avenue South (Project). The estimated cost of that Project is $29.9 million. A major portion of the funding for the Project will be supplied by MnDOT in the form of i) the direct payment by MnDOT of $1.8 million in construction administrative costs and ii) a capital cost reimbursement to the City of $6.7 million to be made in two installments in August 2005 and August 2006, respectively. Staff has been working with the Public Finance Authority (Authority) to secure a loan from the Transportation Revolving Loan Fund (TRLF or T Loan) to finance the capital cost until the 2005-6 MnDOT reimbursements. The Authority has agreed to a T loan of $6.7 million, the first installment of which is for $5 million (the total Authority funds presently available for this Project) and the balance to be embodied in a second subsequent T Loan when funds become available, probably within a year's time. The Authority is quite flexible in its T Loan terms, allowing the City to structure repayments tied to the MnDOT reimbursement, and the interest rate to be charged is quite favorable, approximately 3% per annum. Under the Authority statutes, the T Loan must be represented by a general obligation (a G.O. bond of the City). The City Attorney's Office is recommending that the City issue a general obligation improvement bond payable wholly from special assessments against benefited property, a bond that may be issued without voter approval and outside debt limits. It is proposed, therefore, that the City create the replacement bridge as an assessable improvement project under Minnesota Statutes, Chapter 429, to be conducted in basically the same • manner as are other assessable projects in the City. The entire cost to be financed ($6.7 million) DJK-199464v4 RC 145-451 • Mayor and City Council Staff Report and Recommendation June 28, 2001 Page 2 • would be assessed against the owner of the redevelopment tracts, that is, Best Buy Co., Inc. with a simultaneous agreement by the City and the HRA that those assessments would be paid by the HRA. Best Buy has agreed to this procedure and has agreed to petition the City Council to construct and finance their Project in this way. The City will levy the special assessments to be collected at the times and in the amounts so that, as paid and collected with property taxes, they will be available to make T Loan payments under the Bonds to the Authority. The only additional cost to the City will be interest, estimated to cost $700,000, on the T Loan until it is totally repaid from the MnDOT reimbursement in 2006, but with the favorable interest rate on the Bonds, this will be less cost than if the City had to sell the Bonds on the open market. The interest amount will vary depending on the actual interest rate on the T loan and the schedule of loan draws that is tied to actual construction costs. City staff has recommended that the interest payments, which will run at about $200,000 per annum for approximately three and a half years, will be paid using project-related sources. It is intended that no general funds of the City will be used to pay interest on the T loan. PROPOSED SCHEDULE OF EVENTS Monday, July 16, 2001 • HRA approves concept and execution of agreement with Best Buy. Monday, July 23, 2001 • City Council approves financing concept. • Council receives Best Buy petition for Improvement Project • Council directs Engineer to prepare project feasibility report • Council orders public hearing for August 13, 2001, with required mailed and published notices August 13, 2001 Council conducts public hearing on the Project, orders its construction and approves execution of agreement between HRA, City and Best Buy. Council approves Project Loan Agreement with Authority (to be executed as of August 21, 2001 Council adopts bond resolution (actually to be called a "Note") issuing and selling the Note to the Authority. • DJK-199464v4 RC 145-451 • Mayor and City Council Staff Report and Recommendation June 28, 2001 Page 3 Tuesday, August 21, 2001 • Note becomes effective, payment of interest (0% until February 20, 2002 and semi- annually thereafter). Funds can begin to be drawn into the Note for Project Costs. City Council meeting on or before October 22, 2001. • Special assessments for Project levied for collection in 2002 and thereafter. July, 2002 • First half of Special Assessments received by City along with tax settlements. August • First year's interest payable under the Bond (a partial year payment for the period February 2 to August 20). The assessment payment cycle will then continue until the Bond is repaid in full in 2007. POSSIBLE VARIATION If the $1.7 million balance of the approved T Loan (that is, $6.7 million less $5 million) cannot, for whatever reason, be secured as needed, or at all, from the Authority, the City may have to consider financing that balance with a public sale of Bonds. While a bit more expensive, this would have the advantage of allowing the City to finance the interest cost on the T Loan over the life of the second Bond issue. This eventuality will be monitored by staff and its financial advisers and a recommendation made to the Council at the appropriate time. CONCLUSION. AND RECOMMENDATION The procedure outlined above makes it possible to use the Minnesota Public Facility Authority T Loan process for this vital piece of the overall financing of the Best Buy Development Project. The staff recommends approval in concept of the fmancing proposal and the included schedule of events. DJK-199464v4 RC145-451 • RESOLUTION NO. RESOLUTION DECLARING ADEQUACY OF PETITION FOR AN IMPROVEMENT PROJECT; ORDERING PREPARATION OF A REPORT; AND CALLING FOR A PUBLIC HEARING ON THE IMPROVEMENT PROJECT BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (City) as follows: Section 1. A certain petition requesting the construction of a public improvement consisting of the reconstruction of the existing bridge over Interstate 494 at Penn Avenue South in the City (Improvement Project) on this date is declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity with Minnesota Statutes, Section 429.035. Section 2. The petition is referred to the City Engineer with instructions to report to the Council advising it in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement,. and the estimated cost of the Improvement Project. Section 3. The Council will consider the Improvement Project and the assessment of abutting property for all or a portion of the cost of the Improvement Project all pursuant to Minnesota Statutes, Chapter 429. A public hearing on the Improvement Project will be held at Jefferson Park shelter building, 6700 Thomas Avenue, at 7:00 p.m. on Monday, August 13, 2001. The Clerk is authorized and directed to give published and mailed notice of the hearing on the Improvement Project as required by law and to publish the resolution as required by Minnesota Statutes, Section 429.036. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: • Nancy Gibbs, City Clerk • RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AMONG THE CITY, THE HOUSING AND REDEVELOPMENT AUTHORITY AND BEST BUY CO., INC. REGARDING THE PENN AVENUE BRIDGE REPLACEMENT PROJECT BE IT RESOLVED by the City Council of the City of Richfield, Minnesota (City) as follows: Section 1. Background: findings. 1.01. The reconstruction of the existing bridge over Interstate 494 at Penn Avenue South in the City (Improvement) is an essential element in the Richfield Redevelopment Project Area (Project Area) and the Interchange West and Lyndale Gateway Tax Increment Financing District (TIF District). 1.02. Best Buy Co., Inc. (Company) as owner of at least 35% in frontage of the property abutting on Penn Avenue where the Improvement will be made has petitioned the City to construct the Improvement in accordance with Minnesota Statutes, Chapter • 429. The City has received the petition and has directed the City Engineer to prepare a feasibility report on the Improvement, and scheduled a public hearing on the Improvement for Monday, August 13, 2001. 1.03. In the petition Company has agreed that the entire cost of the Improvement be specially assessed (Special Assessments) against Company's real property abutting Penn Avenue South, subject to an undertaking by the Housing and Redevelopment Authority (HRA) to pay the Company in the amounts and at the time necessary to make timely payments of the Special Assessments. These undertakings are embodied in an agreement (Agreement) between Company, City and HRA, the form of which has been reviewed by this Council, executed by Company, and approved by the HRA. 1.04. It is found and determined that it is in the best financial interests of the City, the HRA, the .Project Area and the TIF District that the City enter into the Agreement. Sec. 2. Authorization. 2.01. The Mayor and City Manager are authorized and directed to execute and deliver the Agreement on behalf of the City. • • 2.02. The City Clerk is authorized and directed to transmit a certified copy of this Resolution to the HRA and the Company. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • • AGREEMENT (PENN AVENUE BRIDGE PROJECT) This Agreement is made and entered into this day of , 2001, by and among the City of Richfield, a Minnesota municipal corporation (City), the .Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic of the State of Minnesota (HRA) and Best Buy Co., Inc., a Minnesota corporation (Best Buy). In consideration of the mutual undertakings of the parties expressed in this Agreement, City, HRA and Best Buy agree as follows: Section 1. Background; findings. 1.01. City and HRA have. undertaken and .are conducting a redevelopment project known • as the Richfield Redevelopment Project Area (Project Area) within which there has been created the Interchange West and Lyndale Gateway Tax Increment Financing District (TIF District). The purpose of the T1F District as expressed in the TIF Plan for the TIF District, is to finance the redevelopment of the land within the T]F District for use by Best Buy as its corporate headquarters (Best Buy Project). 1.02. An essential element of the TIF Plan is the reconstruction of the bridge over • Interstate Highway No. 494 at Penn Avenue South in the City (Improvement). Among the various sources of funding for the Best Buy Project, the cost of which exceeds $23 million, is the agreement by the Minnesota Department of Transportation (MnDOT) to i) pay for administrative and design costs for the Improvement and, ii) to reimburse the City for the construction costs of the Improvement up to $6,700,000 (MnDOT Reimbursement). The MnDOT Reimbursement, however, is scheduled to be made in two installments in the years 2006 and 2007, respectively. It is essential that the construction of the Improvement commence in July, 2001. The HRA and the City DJK-196172v2 RC145~51 1 • have found and determined that funding in at least the amount to be paid by MnDOT is necessary at this time. 1.03. The Public Facilities Authority of the State of Minnesota (PFA) has approved a request by the City to lend $6.7 million in the form of one or more loans (Loans) to the City from its Transportation Revolving Loan Fund (TREE) to finance the Improvement in part. The PFA requires that the Loan be evidenced by a general obligation of the City. It has been found and determined by the HRA and the City that a general obligation issued by the City pursuant to Minnesota Statutes, Chapter 429 (Act) .payable. from special assessments against benefitted properties is the most effective method of complying with PFA requirements and securing the loan. 1.04. Best Buy is the fee owner of a certain tract of land (Subject Property) in the TIF District which will be substantially benefitted by the construction of the Improvement. The parties • are aware that, pursuant to the Act, the owner of the property to be benefitted by the construction of an improvement may petition the City i) requesting that the cost of the improvement project be specially assessed against that property; and ii) waiving all requirements for notice and hearing in the conduct of the improvement project and the levying of the special assessments. 1.05. The City, the HRA and Best Buy have determined that it is in the best interests of the parties, the Project Area, the TIF District and the Best Buy Project that the City issue and sell its general obligation bonds (Bonds) to PFA pursuant to the Act to secure the Loans. The Bonds are to be structured in such a way that they may be prepaid in whole or in part at any time. The parties contemplate that the Bonds will be redeemed and the interest thereon will be paid from the proceeds of the MnDOT Reimbursement and other funds properly available to City and the HRA for that. purpose. r~ D)K-196172v2 RC145.451 2 • 1.06. In consideration of the undertaking of Best Buy to assume the special assessments for the Improvement and to facilitate the Tl2LF Loan, the HIZA is willing to undertake to provide funds to Best Buy for the payment of the special assessments at the times and in the amounts that the special assessments become due and payable. Sec. 2. Undertakings of the Parties. 2.01. Best Buy agrees to petition the City for the construction of the Improvement in accordance with the Act. The petition will be in substantially the form attached to this Agreement as Attachment A. 2.02. City agrees to accept the petition and initiate proceedings for the construction of the Improvement pursuant to the Act. City will also adopt and publish a resolution in substantially the form attached as Attachment B, pursuant to Section 429.031 of the Act, declaring the adequacy of • the petition for the purpose of precluding any challenges to the adequacy of the petition. 2.03. City agrees to timely issue and sell the Bonds to PFA to secure the Loans and to apply the Loan proceeds as needed to the construction of the Improvement. 2.04. HRA agrees that it will establish procedures for the payment to Best Buy for any and all special assessments levied for the Improvement pursuant to this Agreement against the Subject Property in the amounts shown on the property tax statements regarding the Subject Property to be received from Hennepin County from time to time. The payments will be made within 30 days of receipt by the City and HRA of evidence satisfactory to the HRA and the City that Best Buy has in fact been billed for an installment of special assessments together with interest thereon by Hennepin County. It is the intent of this Section and this Agreement that Best Buy not be obligated for and be reimbursed for any and all expenses and special assessments connected with the Improvement and • that the HRA bear the full cost of these expenses and special assessments. The HRA agrees to DJK-196172v2 RC145-451 3 • indemnify and hold Best Buy harmless from and against .any and all late fees, penalties, interest, costs .and expenses (including attorneys' fees) incurred by Best Buy as a result of the HRA's failure to reimburse Best Buy. for any and all of the special assessments within the time period provided herein. Sec. 3. Miscellaneous. 3.01. This is the complete agreement among the parties: it is governed by the laws of the State of Minnesota; and it may be executed in any number of counterpart original copies. The execution and. delivery of this Agreement has been duly authorized by the governing bodies of the HRA and the City and by appropriate corporate action of Best Buy, all as of 2001. • . [The remainder of this page to remain intentionally blank.] • DJK-196172v2 RC145-451 4 r~ u CITY OF RICHFIELD, NIINNESOTA By: Its: Mayor By: Its: Manager HOUSING AND REDEVELOPMENT AUTHORYTY IN AND FOR THE CITY OF RICHFIELD, NIINNESOTA By: Its: Chair • BY~ Its: Executive Director BEST By: Its: By: Its: Drafted by: Kennedy. & Graven, Chartered (DJK) 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 • DJK-196172v2 RC145-451 5 ATTACHMENT A FORM OF PETITION PETITION AND WAIVER AGREEMENT This Agreement made this day of May, 2001, by and between the City of Richfield, a .Minnesota municipal- corporation ("City"), and Best Buy Co., Inc., a Minnesota corporation ("Owner"). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property ("Subject Property") located in the City the legal description of which is set forth in Exhibit A, attached and made a part hereof; and WI~REAS, the Owner desires to have certain public improvements constructed to serve • the Subject Property as described in Exhibit B, attached and made a part hereof (the "Improvement Project"); and WHEREAS, the Owner wishes the City to construct the Improvement Project and to specially assess 100% of the cost of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project.. NOW, TIIDREFORE, ON THE. BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: • 1. The Owner petitions the City for construction of the Improvement Project. DJK-196172v2 RC145-451 A-1 • 2. The Owner represents that it i) is the owner of not less than 35% in frontage of the real property abutting on the street named in the petition as the location of the Improvement Project, ii) has full legal power and authority to encumber the Subject Property as herein provided, and iii) as of the date hereof, has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encurnb>:ances, except as listed on the attached Exhibit C. 3. The Owner requests that 100% of the assessable cost of the Improvement Project be assessed against the Subject Property. The Owner understands and agrees that the current estimated cost of the Improvement Project is $6,700,000, but that the cost of the Improvement Projece will be determined in accordance with Minn. Stat., Chapter 429 and standard city practices and that such cost may be as much as $8,000,000. The Owner further understands and agrees that the City does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $6,700,000 in the event actual project costs which may lawfully be assessed pursuant to Minn. Stat., Chapter 429, exceed $6,700,000. 4. The Owner waives the right to appeal the levy of the. special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and Laws 2001, Chapter 207, Section 12, or reapportionment thereof upon land division pursuant to Minn. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: • a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to $6,700,000, and that such increase in fair market value is of special benefit to the Subject Property; and The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn. Stat., Section 429.071, Subd. 3. 5. The Owner understands and agrees that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined by the city council However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 6. Owner represents and warrants that the Subject Property is not classified for tax purposes so as to result in defer al of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. DlK-196172v2 RC145-451 A-2 • 7. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parries hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this .Agreement against the title of the Subject Property. • • 8. This Agreement will terminate upon the final payment of all special assessments levied against ,the Subject Property for the Improvement Project, and the City will thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. above. IN WITNESS WHEREOF, the parties have set their hands the day and year first written CITY OF RICHFIELD BEST By: Its: By: Its: Mayor By: By: Its: City Manager Its: DJK-196172v2 RC145-451 A-3 i STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2001, by Martin J. Kirsch and Samantha Orduno, the Mayor and City Manager of the City of Richfield, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF IVBNNNESOTA ) ss. COUNTY OF HENNEPN ) • The foregoing instrument was acknowledged before me this day of , 2001, by and ,the and ,respectively, of Best Buy Co., Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • D]K-196172v2 RC145-451 A-4 • EXHIBIT A Legal Description • n U DJK-196172v1 RC145-451 A-A-1 • EXHIBIT B Improvement Project • • DlK-196172vi RC145~151 A-B-1 anuan `•. ~ t 11 1 4 l 11 ~~~~ (O __ ys C t i 11 ' i .. i 1 ' 1 { _____ _____ _ s 11 l i O ~ { tl -, 5 11 t l ~ ~, ~ a I ~ ., I1 1 - '~ I' - 6 _J . i~ ; ; ~ i ~ c tt 3~i ~ 1 a ~ 1~ - -, 11 ,, ~~ ( J .. - -_ ll 1 11 ~l I V 11 ii '~ ~ 1 ^ ' 1 I ~ l I 11 --O""'~r~a-i" ~ ..M / __ .: ~. .. _ _ ~._._ ,v.~~~ . 1 ~ Ip __ 'je l i 1 1 1 ` ' f 11 i ;ale 1 ~L4__3 t~ - I' ~1 • O •O. E 1.1 ' ~~ ~ Qlt i 1. ~I II 11 1 1 1 n. i- ___" L p i ~ Y 4 1 Va O 1 „ ~ j e p 1 :l 'V •1 __ ' 1~ u ' l1i~ ~ A «p. _~.. ~,1 p ~~ 1 q ; . O 0 t ~ a p e, 1 ~ p d _ p h p _________ 4p C p ~~ 1 00 f; 1 a I 1~ I • ~ Cab. I .o li p p P p bj 4 I e O - • p I a'~ p uc} ~ ~'-; o i ~~~`'"~~ ~ - li / ~ 1 0 "sl aim;; ~~ ~e ~-+ ; o I I ~ap r ~~ ~o 1 p •1 !"' ~~ 11_ • Il .. .~ /% i ~' 1~1 -- 1 °~ I - !oi t ~ j 11 '. ~ { d !!~~ t 1 y~--- .. ,fy ") 11 --'-- ----__ - ' '- ' i 1 t ~_ ° 1/ -- 1 I .. I 11 k ~ ~ 4 _ .~ /1 /1 1 L_ tl O 19i ' 11~ ~ ± -__ __ 1 ' l I I o r-- "~ 1 ~ (E `~ '' ~' ^, .` ~~~ H• ~ a t 1 '~, ~ ;~ ~ ~ it ~ ~ • II 1 9K4}~ ~ -- e --R'±r----- j a ~; • ply { i •[ ~ --- __. p ~ ~ H ~ ~ ~1 ~- } _.. • EXIiIBIT C Encumbrances • • DJK-196172v1 RC145-451 A-C-1 ATTAC~IMENT B RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT BE TT RESOLVED by the City Council of Richfield, Minnesota: I. A certain petition requesting the construction of a replacement bridge across Interstate Highway 494 at Penn Avenue South, filed with the Council on , 2001, is hereby declared to be signed by 35% of owners of property abutting on Penn Avenue South. This declaration is made in conformity to Minnesota Statutes, section 429.035. 2. The petition has been referred to the City Engineer who has been instructed to report to the Council with all convenient speed advising the Councifl in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this day of , 2001. • Mayor ATTEST: City Clerk • DJK-196172v1 RC145-451 B-1 • AGENDA SECTION: Admin. Reports AGENDA ITEM # 12 REPORT # 18 ~ J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: NAME, TITLE DEPARTMENT DIltECTOR REVIEW: SIGNATURE • REVIEWED BY CITY MANAGER: TOM FOLEY, TRANSPORTATION ENGINEER MIKE EASTLING, PUBLIC WORKS DIRECTOR ~../ ~G'Yn TUL ITEM FOR COUNCIL CONSIDERATION: Consideration of agreement between Reliant Energy Minnesota and the City to relocate a gas main for the Penn Avenue Brid a Pro'ect. I. RECOMMENDED ACTION: By Motion: Approve an agreement between Reliant. Energy Minnegasco and the City to relocate a gas main for the Penn Avenue Bridge Project and include a provision that the City reserves the right to pursue reimbursement for the cost of the work. II. BACKGROUND In planning for the Penn Avenue Bridge Project a major gas main needs to be relocated before the Penn Avenue Bridge can be replaced. (See attached map.) The 24" gas main serves several communities in the south metro area and is located in the Penn Avenue right of way. The gas main must be relocated before the existing bridge can be replaced. Three possible alignments were considered for relocating the gas main. After discussions with the Minnesota Department of Transportation (MnDOT), Hennepin County and the cities of Bloomington and Richfield, the preferred alignment will 0723-GasmainAgmt probably be along Thomas Avenue from 76th Street to the south as shown on the attached map. A decision on the route must be-made soon. The size of the gas main and the proposed rerouting of the line will cost about $1,500,000. Anticipating a possible protracted timeframe for deciding the proper entity to pay for this relocation, funds for the work have been budgeted as part of the Penn Avenue Bridge Project. City staff believes that either the utility company or MnDOT is responsible for the cost. III. BASIS OF RECOMMENDATION A. POLICY • The Penn Avenue Bridge Project has been identified in the City's 2001 Capital Improvement Budget. B. CRITICAL ISSUES • The preferred alignment for the relocation of the gas main required coordination with several public agencies and affected property owners. • The issue of who is to pay for relocating private utilities was investigated. The law governing construction of State trunk highways stipulates that MnDOT must pay for the work as a project cost. However, relocation of private utilities in City right of way is governed by a franchise agreement between the City and each private utility company and the common law which each provide that the utility companies to relocate their lines at no cost to the City when existing private utility lines are in the way of proposed road improvements. • City Attorneys have recommended modifying the language in the attached standard agreement with Reliant Energy Minnegasco providing that the City will up front the money needed to cover the cost to relocate the gas main with the understanding and policy position that the City will pursue a resolution of cost responsibility for relocating the utility line at a later date. If agreed to by Reliant, this provision will allow the work to begin immediately and avoid delays for the Penn Avenue Bridge Project. C. FINANCIAL • Funding for the relocation of the gas main has been included in the funding package for the Penn Avenue Bridge Project. Funding for the complete project comes from three principal sources: • $14 million from the Best Buy Company ($7 million of tax increment financing bonds and a grant of $7 million); • $8.5 million from miscellaneous sources ($6.7 million in a Transportation Revolving Loan Fund (TREE) loan; $148,000 in State Trunk Highway funds, and in-kind staff contribution for construction administration valued at $1.52 million); and, • $7.4 million of Federal High Priority Project funds. Total project costs are $29.9 million of which construction costs are estimated to be $21.5 million. D. LEGAL • The City Attorney has reviewed the proposed agreement and offers this cautionary note: If MnDOT or Reliant Energy Minnegasco can not be convinced to assume the responsibility for the cost of relocating the gas main, the City may have to go to court to get this resolved. IV. ALTERNATIVE RECOMMENDATION(S~ • Two alternative alignments for the gas main were considered but rejected by several public agencies involved in the design of the Penn Avenue Bridge Project. • City Attorneys will continue to explore the possibility of having the cost of the relocation of the gas main to be paid by Reliant Energy Minnegasco or by MnDOT. In the meantime the City will budget for these costs as part of the Penn Avenue Bridge Project and may be reimbursed at a later date. This will allow the City to maintain its schedule for building the Penn Avenue Bridge. V. ATTACHMENTS • Draft agreement to relocate natural gas pipeline. • Map showing the proposed alignment for the relocation of the gas main. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Richard J. Pilon, Senior Administrative Engineer of Reliant Energy Minnegasco. C7 AGREEMENT TO RELOCATE NATURAL GAS PIPELINE This Agreement to Relocate Natural Gas Pipeline ("Agreement") is between Reliant Energy Minnegasco, a division of Reliant Energy Resources Corp., a Delaware corporation. ("Reliant Energy Minnegasco") and * has requested that Reliant Energy Minnegasco perform the following work: Relocate approximately feet natural gas pipeline as shown on Reliant Energy Minnegasco Main Project of * Reliant Energy Minnegasco estimates this project will cost $ Therefore, the parties agree: 1. Easement modifications are necessary.. The existing easement will remain in force until relocation is complete and new easement documents executed. 2. Reliant .Energy Minnegasco shall not be liable for any circumstances that may .delay project completion. 3, agrees to pay Reliant Energy Minnegasco for. all costs Reliant Energy Minnegasco incurs in relocating the pipeline. 4. .Costs include, but are not limited to, contract labor, internal labor, materials and internal overhead charges. The parties agree .that Reliant Energy Minnegasco's standard accounting records and ' procedures shall be acceptable to determine costs. agrees to pay all costs and attorney's fees incurred in any collection matter brought by Reliant Energy Minnegasco against 5. Reliant Energy Minnegasco and Reliant Energy Minnegasco's Contractor shall have complete, unlimited access to the relocation site. 6. The facilities or equipment installed or removed by Reliant Energy Minnegasco or its Contractor shall be Reliant Energy Minnegasco's property. -Payment by does not entitle it to any ownership interests or rights in that property. Reliant Energy Minnegasco will not remove abandoned pipelines except as required by law. ~, will provide Reliant Energy Minnegasco with a $ deposit before relocation of the line is begun. g. will pay Reliant Energy Minnegasco within fifteen days after the date of any invoice. Invoice amounts not paid within 30 days of invoice date will be assessed an additional 1.5% per month. 9. The amount specified above is an estimate, and agrees to pay to Reliant Energy Minnegasco any costs, including all applicable taxes, in excess of that amount within 15 days of a final invoice summary from Reliant Energy Minnegasco. If the fmal invoice summary is less than the. advance, Reliant Energy Minnegasco will refund the difference without interest. Page 1 of 2 10. The exact nature and scope of Reliant Energy Minnegasco's work, .including materials, fittings, etc., may not be determined until. a complete visual. inspection of the gas facilities has been made by Reliant Energy Minnegasco. 11. If Reliant Energy Minnegasco, in its, sole discretion, determines that the pipeline relocation is not feasible at anytime, it retains the right to terminate the relocation project and return all amounts paid by less any direct costs actually incurred by Reliant Energy Minnegasco for the relocation. 12. Failure by Reliant Energy Minnegasco to .insist upon .observance of any terms or provisions of this Agreement shall not be deemed a waiver of Reliant Energy Minnegasco's rights. No waiver shall be binding on Reliant Energy Minnegasco unless in writing. 13. This Agreement may be modified only by a writing signed by both parties. 14. The persons signing this Agreement have the real and apparent authority to bind the respective parties. 15. This Agreement is binding upon the successors and assigns of the parties. 16. This Agreement shall be governed by the laws of the State of Minnesota. RELIANT ENERGY MINNEGASCO A division of Reliant Energy Resources Corp. 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Reports AGENDA ITEM # 11 REPORT # 186 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: TOM FOLEY, TRANSPORTATION ENGINEER NauE, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for demolition of the Metro Hyundai Service Center building, 2115 Southtown Drive, in Bloomington. I. RECOMMENDED. ACTION: By Motion: Award of contract for demolition of the Metro Hyundai Service. Center building, 2115 Southtown Drive, in Bloomington (details of proposed contract award to be made available at July 23, 2001 Council meeting). • III. BACKGROUND I Council approved plans for the Replacement of the Penn Avenue Bridge over I-494 on June 11, 2001. In order to begin the bridge work as early as September 1, 2001, the City Council took action on July 9, 2001 to approve plans for demolition of a building needed for the Penn Avenue Bridge over 1-494 and authorized staff to advertise for bids. The building is the Metro Hyundai Service Center, 2115 Southtown Drive, in Bloomington. The City of Bloomington has already purchased the property at 2115 Southtown Drive for the Bridge Project. Results of the bid opening will be presented at the Council meeting. 0723Demolition NAME, TITLE III. BASIS OF RECOMMENDATION A. POLICY The Replacement of the Penn Avenue Bridge over 1-494 is consistent with the proposed reconstruction of I-494 and has been identified as a high priority capital improvement in the City's Comprehensive Plan. The Developer's Agreement between Richfield and Best Buy contains language that commits the City to replace Penn Avenue Bridge over 1- 494. The Best Buy Environmental Impact Statement (EIS) identifies the existing Penn Avenue Bridge over I-494 as deficient and in need of replacement. The work contained in this plan mitigates the negative traffic impacts identified in the Best Buy EIS. The ad for bid for demolition and site clearance at 2115 Southtown Drive was published in the Richfield Sun-Current on July 11, 2001 and in the Construction Bulletin on July 13, 2001. B. CRITICAL ISSUES To maintain the schedule for the redevelopment in the area formerly known as Interchange West, the timing of the construction of the Replacement of Penn Avenue Bridge Project is critical. Bids for the demolition and site clearance at 2115 Southtown Drive were opened at 10 a.m. on Monday, July 23, 2001. C. FINANCIAL The project is contained in the adopted 2001 Capital Improvement Budget. Funding for the complete project comes from three principal sources: 1) $14 million from the Best Buy Company ($7 million of tax increment financing bonds and a grant of $7 million); 2) $8.5 million from miscellaneous sources ($6.7 million in a Transportation Revolving Loan Fund (TREE) loan; $148,000 in State Trunk Highway funds, and in-kind staff contribution for construction administration valued at $1.52 million); and, 3) $7.4 million of Federal High Priority Project funds. Total project costs are $29.9 million of which construction costs are estimated to be $21.5 million. D. LEGAL • .Because the cost for demolition and site clearance at 2115 Southtown Drive could exceed $50,000, the work was advertised for bids. IV. ALTERNATIVE RECONIlVIENDATION(S~ • Council could elect to include the demolition and site clearance at 2115 Southtown Drive with the rest of the Penn Avenue Bridge Project rather than issue a separate contract. However, this will delay work on the Penn Avenue Bridge. The City has obligated to make the improvements in a timely manner in support of the Best Buy development. • Award contract to another bidder. Details for the recommended .contract award will be made .available at the July 23, 2001 Council meeting. V. ATTACHMENTS • Bid minutes/tabulation will be provided at the July 23, 2001 Council meeting. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • • CITY OF RICHFIELD, MINNESOTA Bid Opening July 23, 2001 10:00 a.m. Demolition and Site Clearing, 2115 Southtown Drive, City Project Number 401-30-521 City Bid Number 01-08 ~~ 1c~'"~' ~~-hc~'. ~l~lnun I~ ~l ~~~ ~ i Bloomington, MN. C0~ ~m{> 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 demolition and site clearing of 2115 Southtown Drive, Bloomington, MN, as advertised in the official newspaper on July 11, 2001 and the Construction Bulletin on July 13; 2001. Present: Nancy Gibbs, City Clerk Tom Foley, Public Works Director Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Security Total Bid Amount Veit & Company, Inc. 5% Bid Bond $38,990.00 Blue Earth Environmental Co. 5% Bid Bond $48,220.00 USD Minnesota, LLC.. 5% Bid Bond $52,906.00 Belair Builders, Inc. 5% Bid Bond $55,597.00 Max Steininger,lnc. 5% Bid Bond $77,025.00 The City Clerk announced that the bids would be tabulated and considered at the July 23, 2001 City Council Meeting. Nancy Gibbs City Clerk July 23, 2001 Mr. Jim Olson City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Bids for Demolition and Site Clearing 2115 Southtown Drive Bloomington, Minnesota City Project Number 401-30-521 City Bid Number 01-08 Bid Opening: 10:00 AM, Monday, July 23, 2001 Award of Contract: Monday, July 23, 2001 Dear Mr. Olson: Bids for the above referenced project were received at 10:00 AM on July 23, 2001 in the Council Chambers. Five bids were received for the project. All Bids included the all required submittals and acknowledgements. The Bidders and their respective total Bid amounts are as follows: Veit & Company, Inc. $38,990.00 Blue Earth Environmental $48,220.00 USD Minnesota, LLC. $52,906.00 Belair Builders $55,597.00 Max Steininger, Inc. $77,025.00 A Bid tabulation including a detailed breakdown of the Bids is attached. Veit & Company, Inc. submitted the lowest Bid - $38,990.00. Based on our review of all Bids submitted, URS recommends that the City of Richfield accept the Bid of Veit & Company, Inc. for the project in the amount of $38,990.00. Please feel free to contact me at (6l2) 373-6873 if you have any questions or comments. Sincerely, :URS CORPORATION Chris G. Brat ch, P.E. Senior Project Engineer Attachment U AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT Admin. Reports 10 185 CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NaNrE, TITLE • REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR Na~~,rE,~TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~// (~' REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the award of contract for the Reconstruction and Widening of 76th Street from 35W to west of Penn Avenue. I. RECOMMENDED ACTION: By Motion: Award of contract for the Reconstruction and Widening of 76th Street from 35W to-west of Penn Avenue (details of proposed contract award to be made available at July 23, 2001 Council meeting). __ :7 III. BACKGROUND ~ As part of the Best Buy developer's agreement, the City agreed to make certain improvements to public infrastructure around the site. Among the improvements needed are: 1) widen 76th Street between I-35W and Sheridan Avenue, 2) widen Penn Avenue between 75th Street and the new Penn Avenue entrance to Best Buy (approximately 77th Street), 3) reconstruct Knox Avenue south of 76th Street, and 4) add a second right turn lane to the I-35W off ramp at 76th Street. Some utility, signing and traffic signal upgrades are also included. All of the above improvements are included in the construction plans for City Project 401-30-513, which is generally referred to as "The 76th Street Widening Plan". 0723Award76th Street. doc Council approved these plans and authorized staff to advertise for bids on May 29, 2001. Results of the July 19, 2001 bid opening will be presented at the Council meeting. III. BASIS OF RECOMMENDATION A. POLICY The plans for widening 76th Street are consistent with the Developer's Agreement between the Richfield Housing and Redevelopment Authority and Best Buy that commits the City to make necessary improvements to Penn Avenue, 76th Street and Knox Avenue. The ad for bid for the 76th Street Widening Project was published in the Richfield Sun-Current on June 27, 2001 and in the Construction Bulletin on June 22, June 29 and July 6, 2001. B. CRITICAL ISSUES Award of the contract is critical at this time to maintain the schedule of construction on 76th Street. Seventy-Sixth Street between Knox Avenue and Penn Avenue will be completely closed to traffic during its reconstruction. This work needs to be completed before the end of this year's construction season and the subsequent closure of the. Penn Avenue Bridge in January 2002. To maintain this schedule the successful Contractor must begin construction in early August 2001. C. FINANCIAL • The majority of the work in the project will be paid for out of Richfield's Municipal State Aid Construction Account but the Knox Avenue utility improvements will be paid for with utility funds. • The engineer's estimate for the contract work is $4,470,000. D. LEGAL • The City Attorney will be available for discussion at the meeting. IV. ALTERNATIVE RECOMMENDATION(S~ • Award contract to another bidder. Details for the recommended contract award will be made available at the July 23, 2001 Council meeting. V. ATTACHMENTS Bid minutes/tabulation will be provided at the July 23, 2001 Council meeting. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None expected. CITY OF RICHFIELD, MINNESOTA • Bid Opening July 19, 2001 10:00 a.m. ~°"~._ ~ ; # 185 !-~ i C i..~~S~i'.~ m r~,~ Reconstruction of 76th Street, Penn Avenue and Knox Avenue; and Widening of I-35W Southbound Ramp City Project No. 401-30-513 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for reconstruction of 76th .Street, Penn Avenue and Knox Avenue; and widening of I-35W Southbound Ramp, as advertised in the official newspaper on June 27, 2001. Present: Deborah Guiher, Deputy City Clerk George Atkinson, Public Works Director Representative Tom Foley, Transportation Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: r~ Acknowledge Receipt Bidder's Name/City Bid Security Of Addendum. Nos. 1-3 Total Bid Amount Ames Construction, Inc. 5% Bid Bond Received $ 4,655,955.53 Burnsville, MN C.S.McCrossan Construction Inc. 5% Bid Bond Received $ 4,197,658.82 Maple Grove, MN Progressive Contractors Inc. 5% Bid Bond Received $3,753,726.46 St. Michael, MN Shafer Contracting Co. Inc. 5% Bid Bond Received $ 4,231,861.99 Shafer, MN The Deputy City Clerk announced that the bids would be tabulated .and considered at • the July 23, 2001 City Council Meeting. Deborah Guiher Deputy City Clerk L~ 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9301 952.912.2600. 952:912.2601 FAX architecture engineering environmental. • - transbortation ' July 23, 2001 RE: Richfield, Minnesota 76th Street Widening SEH No. A-RICHF0007.00 14.00 Vol. 1 Mr. James Olson. Project Engineer City of Richfield. _ 6700 Portland Avenue Richfield, MN 55423-2599 Dear Jim On July 19, 2001, bids were received for 76~` Street Widening Project in Richfield. Submitted bids were provided on a Unit Price Basis. The attached bid tabulation shows the total amount bid by each contractor for the project. There were four bids submitted on the project ranging in cost from $3,753,726.46 to $4,655,955.53 with the low bid submitted by Progressive Contractors Incorporated. There were errors found in the bids submitted by C.S. McCrossan, Incorporated and by Ames Construction, Incorporated. The corrected bids caused a change in the order of th_ a second and third low bidders. The corrected bid amounts are shown in the attached bid tabulation. Based on our experience and review, it is our opinion that Progressive Contractors Incorporated has the required equipment and expertise to perform the work as outlined in the project plans and- specifications. We, therefore, recommend award of the contract for the 76`x' Street Widening project in the low bid amount of $3,753,726.46. Enclosed please find the bids and bonds of all unsuccessful bidders. The bonds of the second and third low bidders should be retained until receipt of the executed contract documents from the low bidder. The rest final bid can be returned to the unsuccessful Contractor. After receipt of the executed documents, the bonds of the second and third low bidders may likewise be returned. SEH has retained the bond. of the low bidder for incorporation into the contract documents. ° We hope the analysis of this bid is adequate for your needs. If you have any questions regarding this information, please contact me at 952.912.2612. Sincerely, ~, l Kevin B. Kawlewski; P.E. Project Manager. Attachment c: ~Atki~rsen Cmt~y cif I~iehfiold .=. Tom Foley, City of Richfield Mike Foertsch, City of Richfield \\ntautomp\clerical\civil\projects~rich£eld4ichfTlOTwntractaward.doc • Short Elliott Hendrickson Inc. 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I. RECOMMENDED ACTION: By Motion: Confirm that additional parking and building improvements proposed for Gramercy Park are consistent with the previously approved Planned Unit Development Plan and the Conditional Use Permit, including the incidental hair styling services .for Gramercy Park visitors. III. BACKGROUND ~ The City Council is being requested to review, discuss, and make a recommendation about the existing Planned Unit Development Plan (PUD) and the Conditional Use Permit (CUP) for Gramercy Park given the following additional background information about off-street parking, building improvements and on-site hair styling. r.1 Gramercy Park, located at 6711 Lake Shore Drive, opened in Fall 2000. There have been numerous reported parking concerns:. 0723GramercyPark • High attendance special events have crowded the Nature Center parking (Gramercy Park, VFW, and Nature Center events). • Daily visitors park at the Nature Center and cross Lake Shore Drive to their intended destination. • Parking signage is poor, causing misdirection. • There is no established crosswalk at Gramercy Park to assist pedestrian movements across Lake Shore Drive. • Hair stylists at Gramercy Park, in receiving outside clients by appointment, have appeared to add more parking demand. • More parking by handicapped permit only is being requested. • There isa continual perception of poor project planning-and inadequate parking. These concerns were the basis this spring for a detailed parking analysis with an independent consultant. Walker Parking Consultants of Minneapolis and Indianapolis are the. largest planners, designers and builders of structured parking in the United States. They were responsible for the parking structure at Mall of America. Our report (demand and supply analysis, hourly and seasonal presence, and quadrant by quadrant analysis of downtown patterns) has established a basis for present and future parking considerations. As it relates to Gramercy Park and adjacent areas: • Higher density development parking options (structured and shared parking) are . being introduced where surface parking habits and preferences remain strong. • There is plenty of parking. Parking issues relate to quality of parking spaces (parking convenience) rather than quantity of spaces. • "Way finding"; access, signage, and ease of identifying parking options are the primary reason for conflict. • Gramercy and VFW visitors need identifiable entrances at the rear of the present buildings to better connect to parking which is most directly adjacent. • "Wood Lake Visitors Only" signage will improve usage and reduce conflict at the Nature Center. Community Development, Public Works, and Recreation staff have collaborated with F.O.W.L., the Community Services Commission, Gramercy Park, Gramercy Corporation, Lake Shore Drive Condominiums and the Housing and Redevelopment Authority (HRA) to determine the following responses. Exhibit A and B provide additional detail. To summarize: • Corrective signage has already been installed at the Nature Center. • The HRA has authorized the temporary leasing of property at 709 Graham Avenue (directly behind and north of Gramercy Park) to provide approximately 16 additional surface parking spaces. Gramercy Corporation, on behalf of Gramercy Park, would install and pay for: providing a paved, stripped parking surface; adding an entrance door with security features, canopy, sidewalk and • lighting at the northwest corner of Gramercy Park; making similar improvements to the rear entrance to the VFW; improving signage and security at the rear of the building; and ensuring no new signage promoting hair styling or other internal services would be added. • The improvements would be made in early Fall 2001. III. BASIS OF RECOMMENDATION A. POLICY • The City Council regulates parking and building improvements and uses though the PUD/CUP process. Exhibit C provides the list of PUD/CUP stipulations. Parking and building entrance changes and hairstyling for non-residents is not covered in the stipulations. Proposed changes require review. • Installing the parking and building improvements does not harm the redevelopment potential. • The interim parking facilities (until City Bella is completed) would not be in compliance with all ordinances regulating parking facilities. The paved, well drained spaces would not include perimeter curb and gutter improvements. Permanent curbing would be installed with the proposed City Bella plans. B. CRITICAL ISSUES • Confirmation that sufficient parking spaces are available is not enough if parking is an ongoing concern. • Gramercy Park has requested the proposed improvements to increase visitor parking options and allow continued viability of hair styling services. The HRA supports the improvement. • Parking has been suggested at the adjacent residential vacant lots on Lake Shore Drive. However, the 26 degree slope makes surface parking accessibility and cost prohibitive. This area is designated for housing in the City Bella plan. • A change in parking habits requires more than improvement. If the City Council concurs in the changes, letters would be sent to Gramercy Park residents and VFW patrons would be notified to reinforce new parking behaviors. • .Gramercy Park needs to partner with their tenant, VFW, so that parking solutions are implemented cooperatively. Present signage suggests only VFW may use the available parking. • City Bella plans will continue to provide surface parking in the same location presently proposed for additional surface parking. Revised plans for City Bella will prioritize the need for adequate parking. • The proposed plan does not specifically address increasing handicapped permit parking. The loop drive in front of Gramercy Park does not provide sufficient space. Excess underground parking in the Gramercy Park building, adjacent to the front door, could be considered if security and access were addressed by the Cooperative Board. Gramercy Park has requested the City consider allowing • parking on Lake Shore Drive. This will be evaluated further as part of the City Bella plan review. • An additional crosswalk to the Nature Center should be added as soon as possible for Gramercy Park residents and guests. • Should the expanded hairstyling to non-residents of Gramercy Park be a concern? Is it a major change. in usage? Or is it only. an incidental increase to an existing approved hairstyling service? If Gramercy Park was connected to additional new housing and retail development, it would not be unusual for downtown residents to walk or others to park somewhere downtown and walk to receive hair styling. Resident hair styling is the only approved use in the PUD/CUP at this time. C. FINANCIAL • The costs of improvements are covered by Gramercy Corporation and Gramercy Park without City/HRA expense. The HRA is leasing the property to be used for parking to Gramercy Park fora $350 monthly fee. The monthly fee covers payment of property taxes prorated to the amount of leased space that is paved and the market rate value of the land being leased. BCL Appraisal determined the lease amount. D. LEGAL • The City Attorney has recommended two acceptable courses of action for the City Council to consider: 1. Find the changes to be incidental to the approvals previously • given for parking, building improvements, and hair styling by appointment. 2. Find the changes to be significant and therefore require Gramercy Park to pursue a formal amendment to the previously approved PUD and CUP. • The recommended action is the first option. IV. ALTERNATIVE RECOMMENDATION~S~ • Select option 2, above, and request a formal amendment. • Authorize parking on Lake Shore Drive. The engineering firm SEH has evaluated traffic quieting measures for Lake Shore Drive and one option is parallel parking pockets along the curb line. V. ATTACHMENTS • Exhibit A (A-1 to A-6): discussing data, findings, and recommendations concerning parking. • Exhibit B: site plan with new entrance and surface parking additions. • Exhibit C: PUD/CUP stipulations, December, 1998. • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mike Conlan, Gramercy Corporation. Gramercy Park Walker Parking Study Conclusions Issues are of QUALITY rather than QUANTITY in parking. There is plenty of parking spaces. Quality relafies to parking convenience. Users require ease of identification and access to find their way: "Wayfinding" Gramercy and VFW visitors need to see a building entrance from their parking space, both front and back. Wood Lake Nature Center needs their supply "respected"; parking habits were established before the new development with the VFW. All users need greater information and directions to find their way Exhibit A-1 • • L a V L 'L^ i V C ~ V .~ y I L a a~ L a .a a~ as I ~ O •~ m C ~ ~ ~ ', 'o -p . ~ ~' c I o o ~ ~ `m o c_ ~ -o > T ~ U ~ ~ ~ ~ ~ Q L~L ~ ~ C7 21 ® ^ ^I t0 V w O d a 7 C Q 0 M 00 a 0 0 iri Q O O d O O M Q O O N a 0 0 Q 0 0 N r (0 0 0 0 0 0 0 0 0 N i Q L X W N N ~ ~ • Gramercy Park Review of Parking Requirements Concept of Planned Unit Development- Shared Parking with multiple users PUD approved in December, 1998 1 underground parking stall per 1 unit Gramercy has 160 units r~ u 1 parking stall per 2 seats VFW has122 seats = 61 parking stalls required. Number of Parking Stalls VFW, lot. in front of building Gramercy/VFW rear lot (2 temporarily used for dumpster storage) Gramercy Underground Parking Proposed HRA lot addition Total Stalls 26 33 160 16 235 Exhibit A-3 Gramercy Park Parking Distances from front door To Woodlake Center parking lot., (including need for traffic crossing) 450'-670' To parking lot at rear of building, 450'-770' Distance to Lake Shore Drive lot 870'- 1,150' Parking Distances from front door To parking lot at rear of building, 70'-240' To proposed H RA lot, 120'-250' • Exhibit A-4 • Gramercy Park HRA parking lot addition A 150x20 sfrip of the HRA property running SE to NW along the edge of the alley would be improved with 2" of asphalt and. striped. • Gramercy Corporation would pay for installation. The coop will pay a monthly lease. These. spaces would remain with City Bella. Since this is interim/temporary improved parking, the paved surface will not include a perimeter permanent curb and gutter until City Bella is completed.. Exhibit A-5 • Gramercy Park HRA parking lot provisions Gramercy .Park will be .responsible for maintaining the parking area, liability, security and property taxes. An additional pedestrian entrance to Gramercy Park will be installed at the ~ northwest corner of the building. The VFW entrance will be improved. Gramercy Park and VFW parking and directional signs will be added at the alley entrance. No building signage promoting hair styling or other internal services will be added. ~ Exhibit A-6 ~,~, A.~" r '!~~ ~!. 'lam ~ Ali 4i r~ V J Q) J ~. ih I1: C ~ ~ \~~~ ~ - I, ~~ ~ i ~~~ o `~ '~`` •~ U \\~ l ~ O `~ 41 \;~ ~~j 4 ~~ ~ --~ • N - ~_ •' __ : i ~ ~ - ~, ~ ~' o ' ~r ~ ~ w - c cv o[ 1 ~ Y y o o. ( ~ ~ ~ c ~l~ v ~ (~ ~ t ~ _ ,~ (~ ~T Q ~ ~ ~.' d -_ ~ ~ =_: ~ o = T ~ w _. u~ ~ 17 ~ ~ ~ Q ~ ~ 0 0 Q o d ~. ~ Q ~ ~ c ~ Y ~ I ~ U Q U y: Q ~ i d Yi 'a ~ ~ i C ~ 0 1 ~ V 1 ~ ~ ~ ~ ^' 1 ( ,~ 1 • • J December 22, 1998 r EXHIBIT C Community Development 6700. Portland Avenue • Richfield, Minnesota 55423-2599 City Manager Mayor James D. Prosser Martin J. Kirsch Council Susan Rosenberg Kristal Stokes Michael Sandahl Russ Susag Lou Stocco Gramercy Corporation 7900 International Drive, Suite 210 Bloomington, MN 55425 Si7B.TECT: Amended Planned Unit Development Plan,. Final Development Plan and Conditional Use Permit for Gramercy Park Cooperative, 710 Lake Shore Drive CasE No. 98-APUD-l; 98-AFDP-1; 98-ACUP-1 You are hereby notified that your application requesting an amendment to the approvals for the Gramercy Park Cooperative to allow a decrease in the building square footage has been aPPROVEn subject to the following stipulations: 1 • That a final landscape plan, including tree replacement both on and off site, be approved by the Community Development Director and a cash escrow submitted for the cost of the landscaping. 2. That a stormwater management plan be approved by the Public Works Director. 3. That a sediment and erosion control plan.. be approved by the Public Works Director. 4. That appropriate measures betaken to ensure that cooking odors from the VFW will not negatively impact future cooperative residents or other surrounding properties. 5. That the property be replatted. 6. That final design of the VFW portion of the structure be consistent with that of the housing portion and approved by the Community Development Director. 7. That a resolution approving the conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462:36, subdivision L APPROVEn by the City Council on December 14, 1998. Bruce_C. Palmborg ~/ Community Development Director Copy: Building Official Engineering Supervisor The Urban Hometown Telephone (612) 861-9760. Fax (612) 861-0974 General City platters: 861-9700 An Equal Opportunity Employer • AGENDA SECTION: Admin. Reports AGENDA ITEM # 8 REPORT # 183 J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATNE SUPPORT SERVICES MANAGER NauE TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a new residential kennel license for Kathleen Palaia, 6435 Mor an Avenue South. I. RECOMMENDED ACTION: By Motion: Approve or deny the request for a new residential kennel licensefor Kathleen Palaia, 6435 Mor an Avenue South. II. BACKGROUND On June 1, 2001, Kathleen Palaia submitted an application for a new residential kennel license. She owns four dogs. Ms. Palaia's application contains the signature of one contiguous property owner. She was unable to obtain signatures from the two other neighbors as one was out of town and the other was not willing to sign. Staff received five letters and four phone calls regarding this application. All letters received were opposed to the issuance of a kennel license. Their issues included: • continual barking, dogs at large, appearance of property (and affect on property values), odor, safety of surrounding neighbors, and breed of animals. Three of the four phone calls detailed these same issues. One of the four phone calls had no 0723PalaiaNewKennel problems with the applicant or the animals and was in favor of the issuance of the • residential kennel license.. Copies of these letters and calls are attached. There have been a number of references to biting incidents with these animals. However, there are no records of any bites being reported to the Public Safety Department. The applicant has been involved in mediation with two of her neighbors in the past. The other neighbors were not willing to mediate or publicly go on record with their concerns. The mediation was a positive, productive process with matters appropriately resolved at that time. However, it appears that problems still do exist. In addition, staff has located the mediation agreement, dated October 22, 1999, and has confirmed that the applicant has not complied with the agreement to obtain and use a shock collar. A copy of this mediation agreement is attached. The Public Safety Department has received eight calls to this address since the end of 1999. Calls were as follows: Four barking dogs, one animal assist,- one animal at large, one public assist, and one follow-up. The only complaint received by the Public Safety Department in 2001 was a barking dog complaint. The Environmental Health division of Public Safety has received no complaints regarding this address since 1999. Of the complaints received in 1999, none included animal related issues. • A Community Service Officer conducted an inspection of the property on June 1, 2001. At that time, the yard appeared to be in acceptable condition, with no feces .present. However, unpleasant odors were noticeable. A follow-up inspection on July 2, 2001 verified the broken front window that was referenced in one of the letters received. An Environmental Health violation notice was given. At this follow- up inspection, it was also noted that there were several. areas of feces; however, there were no apparent odors coming from the property. An Environmental Health violation notice was also given for the feces. A nuisance petition has not been generated, as it appears this has not been useful in the past. The problem seems to be that the residents either have not or do not want to call to report each barking incident. The residents do not want "bad feelings" throughout the neighborhood. Furthermore, surrounding neighbors are not interested in mediation. III. BASIS OF RECOMMENDATION A. POLICY • The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received four phone calls and five letters regarding this application. The concerns included the breed of the animals, barking, animals at large, appearance of property, odor, and general safety of neighborhood. B. CRITICAL ISSUES • Staff is not making a specific recommendation to either approve or deny the request for a residential kennel license. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Copies of five letters from. neighbors. • Copies of four phone calls received. • Copy of 1999 Mediation Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Kathleen Palaia • • • 6/19/01 .Stephanie Gillette Business Licensing Public safety Department City of Richfield b700 Portland Ave. So. Richfield, MN 55423-2599 Re: Kennel application of Kitty Palaia, 6435 Morgan, Richfield. Dear Ms. Gillette, I oppose the application for a kennel license by Kitty Palaia. The 4 dogs (not 3 as apparently alleged. by Kitty Palaia) are vicious, untrained Rotweillers that are a public danger that could cause injury and suffering: . There are already two known attacks by her dogs. I was the victim of one attack while standing in my back yard. That attack was unprovoked and prior to the attack I was not even aware that the dog was running loose or even in my yard. Kitty Palaia was witness to this bite. The question is not whether she should be permitted to have a kennel license but whether she should be allowed to have even one of these vicious dogs. Any mediation should be to determine if she should be allowed to keep these animals and not to determine if a kennel license should be granted. Please consider this a request that the city take aU necessary action to eliminate this danger from our neighborhood. Sincerely, DeWitf Killam b434.Morgan Ave. So. cc: Richfield Clty Attorney Keith Streff, Humane Control Officer for Hennepin County Humane Society • ~1 6/16/01 Dan Scott Director, Public Safety City of Richfield 6700 Portland Ave. So. Richfield, MN 55423-2599 $@;. Kennel license application for 6435 Morgan Ave. So Dear Sir: 6429 Morgan Ave. So nab 6435 Morgan Ave. So Richfield, MN. 55423 This letter is to inform you of our objection and opposition to the granting of a kennel license by the City of Richfield to Ms. Palaia at 6435 Morgan Ave. So. We are her adjacent neighbors to the north and south of the proposed kennel. ' We object to the proposed kennel because: • Our properly values have been diminished due to the condition of properly at 6435 Morgan. according to a Realtor who viewed 6439 Morgan. • The smell of the four dog's excrement is at times is intense. • • The four dogs are untrained and behave as a pack The pack consists of the dam and three of her pups, one female and two males. :"The dogs lunge at the front windows when someone. goes by in the street. There is a piece of cardboard covering one of the broken windows in t1ie, front of 6435. Morgan . The window was broken by one of the -dogs as the mail carrie'r`delivered mail. • The dam "nipped" two people across the street at 6434 Morgan. • When they are allowed outside, the dogs are contained by a chain link fence in the bacl~ yard. When visitors come the largest of the males lunges at the fence, the dam growls, bares her teeth and all the dogs bark Our visitors, especially children, are terrorized by the scene. One. of our young guests became frozen in a crouched position and had to be helped into our house while the dogs displayed their aggression: • -There are small children in the neighborhood. Thank you for your attention in this matter. • Sinlc~erely~: Charles Huske and Gretchen Benda . 6429 Morgan Ave. So, .. 6435 Morgan Ave. So. 612-869-8291 `612-861-1586 c: Susan Rosenberg; Council IVlember 6/19!01 6425 Morgan Ave. So Richfield, MN. 55423 Stephanie Gillette Business Licensing Public Safety Department. City of Richfield 6700 ' Portlend Ave. So. ' Richfield, Mtn 55423-2599 Ste. Kennel license application for 6435. Morgan Ave. So Dear Ms Gillette: ` We are opposed to giving a kennel license to Kitty Palaia at 6435 Morgan Ave. So. because: 1. The odor from the uncollected feces in her back yard is offensive. 2: The dogs bark a lot. 3. There are fog large dogs living in a small house with a child. 4. The dogs are not trained and not disciplined, all she does is scream at them the same way she screams at her son. _ 5. The dogs jump at the windows~and bark when l' walk by. 6 It's not fair that our`property values'should suffer. • We received your notice today of the kennel license application at 6435 Morgan. The postmark on your envelope is June 18: -- -- - - ~ - ~----- ~----___...___..,.. _... __, Ms. Palaia has had tfie dogs for two years without a license. You have given"` ~ ~._~ her a Iona time to anoly for tte kennel license and you havQ taken a Int of time to U6/21/U1 FR1 08:57 t'Ax till r}uyrsrrsrs t, a ,, Dnvni. ~~~- ]Dcnise ~n own (i6tl4 Mora„ Ave. 9. Rte64.otd, ASN 66dx~.xl08 June 21, 2001 Stephanie Gillette Business Licensing Public Sa#ery Departntent 6700 Portland Avenue Richfield, MN 55423 Re: Application for ltc~sidential Kennel License Dear Ms Gillette: 1 have been .made aware that a neighbor has applied for a residential kennel license to permit maintaining three dogs at said residence. I am writing to share my observations and concerns, with the request that they be considered in the final decision whether to grant that license or not. 1 am aware afthis neighbor because of my past involvement in a mediation through West Suburban Mediation, as referred by the City of Richfield. This was in response to concerns regarding continual barking isbves. The mediation was a positive productive process, and to my satisfactioq the matters were appropriately resolved at that time. I admit to some concern at learning ofthis recent application for a kennel license, because while I was satisfied by the mediation process and the outcomes, I continued to have concerns about the doge (which I though~liuinbered only two), end ibeir potential threat to the general safety of the neighborhood. I have become aware in recent days that there have been more dogs at this residence for some time, and that, it would appear, this application is ex post facto in its origin. At the time of the mediation to address the concerns of nuisance barking, only two neighbors, including • myself, were willing to mediate or publicly go on record with concerns. I am aware that this is not a true reflection of the number of neighbors who are in fact concerned, based in part upon some calls to the authorities and recent calls that you may have received. i am also aware that. Following the mediation, for atime the city continued to respond to calls, and there were either citizens or officials who felt there general the dogs threatened safety in question. Tam respectfully recommending that the request for a residential kennel license be denied to my neighbor, living on the blocks of 64's and Morgan Avenue South be denied for, in part, the following reasons; --the. dogs maintained in said residence are a mixed breed dog consisting in part of rotweiller and Berman sheperd breeds. Kennel Clubs and experts alike recognize these breeds as being strong headed and potentially aggressive eatunes who require strong training and continual work to maintain discipline. In addition, these breeds have one of the highest bite rates of the many popular breeds. --the resident seeking application is a single worl~7ng parent whom I believe to be a caring person and invested parent. Nonetheless, her time is limited and her periods away from home are regular. 1 observe her ability to work daily in a training fashion with this breed of animal to be limited, if possible at all. --there have been multiple episodes of escape from the property by the dogs, and the young male child in the household has not been able to effectively maintain the dogs within his control This is especially conernable given the number of children and routine walkers in our neighborhood who are potentially at risk in such situations. In closing please be assun-ed that 1 am an ardent admirer of dogs, however, I am also aware that differem breeds-bring to a household or neighborhood certain characxeristcs. There have been documented past • problems which 1 believe chat this resident tried in good faith to rectify, however, she is in a situation of excess at the present time, and her decisions regarding her choice ofpets place the health and well-being of others at risk aitd jeopardy, -.Stn , ~ , ~~ ~ ,_ June 20, 2001 - City of Richfield 6700 Portland Ave. S. Richfield, MN 55423 Attn: Stephanie Gillette Business Licensing Public Safety Department I'm writing in regards to a letter that was forwarded by a neighbor. It references a kennel license application made by a neighbor at 6435 Morgan Ave. 5. I'm asking-that you do not issue the license. Roughly 2 years ago, this neighbor brought home a German Shepherd / Rottwieler mix, female dog. Since that time there have been many problems. These have included excessive barking, running loose, and attacks. • The barking occurred at all times of the day and night and spanned hours at a time. Given the size of the dogs, the noise was/is terrible. I spent many sleepless nights as a result. The lack of sleep adversely impacted my .performance at home and work. • • When running loose the dog became pregnant and gave birth to 10 puppies. At that time there were 1 l dogs barking at all times of the day. The owner kept 2 of the puppies. It's suspected that the father of these puppies is a Rottwieler. The owner has no control over the dogs. When they get loose, I've seen her and her son running down the street screaming at the dogs. The dogs keep on running. The .mother dog has nipped me and bit a neighbor. I have seen the dog go after solicitors. I also witnessed an attack on a woman with a cane. According to the owner, the dog had been abused. She blamed the woman for the attack, because she waved her cane at the dog. What if a child with a stick or an elderly person with a cane is attacked by the dog? Are they to blame also? Unfortunately only one of the attacks has been reported at this time. I do not feel safe with this dog in the neighborhood. The breed and size of the dogs also concerns me along with the owner's inability to control them. My quality of life was so badly impacted that I contacted the owner and told her of my concerns. I also told her that from then on I would be calling Animal Control. I called Animal Control many times. The situation became so bad, that a neighbor and myself went to mediation with the dog owner. The owner agreed to keep the dogs locked up and to stop the barking. Since mediation the dogs have been loose, not as frequently. Last fall, I called Animal Control after seeing the motheT;dpg running loose. Three city,vehicles were ultimately called. None of • the men could get neap the dog. They abandoned the effort when it became too dark. 1 ~f 2 The-dogs continue to bark. The owner's solution was to move them indoors or to the back yard. • While this helps me, it doesn't help the other neighbors. This neighbor has demonstrated that she is not up to the responsibilities of pet ownership. She only responds when pressured to do so. When considering he issuance of the kennel license, please consider the problems that we have experienced. Also consider the temperament, breed, and size of the dogs. Sincerely, ~ tux- Jennifer Wold 6500 Morgan Ave. S. Richfield, MN 55423 • • 2 of 2 (a~~ nn~r~aA, ~S 0~~ • t~(mz. ~rnr~(,rns ~, ~-~~ ~ir-~rr~~.s in Vie. ~s~-• ~i~s ~c Imp r ,Sh~~ ~C~~; C~I~~ ~ ~~ ~~-P D~ ~ CP~3q I~ ~~~~ u~ ~~~ -co ~_ ~-SS l~~'~- ~ Tom' S' ~~S 1~ c~o~-s ;:~ ~~~ F ~z~ ~~~ e~. lea 3s i s ~~ -~ ~ ~~~. ~~~~ C~j h~,~.e~ .. ~~x~ Pte" (t C.ot. ~S t~4- -btius~- d~ cal a~S no!- t~~ his ~tds CJ~a~ ~d~olc Qniir~CS . F ~*~ ~ .. c' 612 ~~i6 -~297 P . D2 ~ ~~ ~ 1'~~~~ ,:•~;1n~ ~1-C~.~~ ~ ~~I TY nF R I CHF~1 ELD F _ . `~ ~ . ~ ~ _ ,~ y _. Y y u > ~, • ,- ~q F -~ ~.~~,~r -~ ., ~.F :-=r NUYS~Nt~~°PETITIdN "'' "Under~~chfield~Ctty'Ocdinance~905=09,'withreference to=Rechfield2Ciiy Ordinance ~. ~~930~15,~wethe~a~~dersigned~do~herebyp;etition•.the Cify of~R~chfield~ oiaotify=~° ~t - -~~ ~. F " '~~' ~ ~~~ ~ ., ~~~` ,' ~`~~ who.o,w,ns a~~d harbors.~ranin3a~' r-bed_as a f- mss,,, t'~mar~ ~~`:~ :~ ~°~ ~ e~ ~~-~ ;eso~n~the`premises of~, 43~ r wifhia the . ~<^}~ar^d ~'~' °cprporatc,lmi't9of~thi~Clty~of Richti ° d~~b~e~c~use such'an~animalj s ctcatistg'a 3 '- ~nu~sancc~as defined~b °ci ordinance 905.09 and 930.15.-"Such nuisance is created Y tY' ~ ~ ~~, z, ?bye e~fact~' -~ . ;;C~; Sci!.~Q~r1t~ ef,15' aV~ a'~ft'r-,~, Q~ -~rs~sf~a ~clrk.n ~•' }(,~~ rClo d ~s r uD~ ~ - S tc'~ 0 -~ o~-lr~rs Ct ~r1 rd~~s,~r~S ~,~,_ ,,.,~~ k ~ :.~ N rs. ~, ~ ~, ~f ~r~~ ~ ~,• ~~ ._~ _ . .. ~ ~ ~:, • ~ryi.~~, ~ ',. ~ :.W;h'rP~ O ru'n r `.:1 a ° F /) o rn P~.o~'~ i10-~ Q',~ h /1m r; ~. _ -- .. <. ... --- - - .. ,.~aa x . ~; ,, , ~, ' ' We therefore request"that the City~o'.f'Richfield~order Ms/1~ f~ti ~'4 "' Pad°4. ~ ~ r .~F ~, . Q ~ ~r-to~abate'ti~e aliove•nuisance. ~ _ l~~ k":Fo ~ c 4v i "~ f f ~: J` a ~~Q-~f. 'r -~'. N. ~ ~ t _ ~ m~ ro dC~d ~ r_k, .~ r ~ 11 ~> . ~. _~ :. z.. ~ . ~~.~ .~~x. ~ .~~ ~ ~ :~.:x ~. AAI1`kESS ~~ib4 mar' ,~ /}U. S • - ~~" 0 C-Curs a'~" .n~z~~h~• _ ~ ~'lo~~'~~~<a.. •~ . , _v~.~,~o ~c~~ ~3~ ~: S a 1 S n . ~~ ~~-~- f , i ~ li a t c~~ ; _ DATE r ~7 ' - ~..~ . _Y.. `; NAME ~ ~rzt~~__l_.~~~ •.,~~owh,1 ADDRESS~1'I~12 9~ ~t~ r t .: ;, ~.: n _ ~• .. _ _ '- ~'~- .~r~, ,v'. _ _ _ a ~£ . - ~ _~ ,. ~ ~ ~` _ .h'--" f~• N~MEDlATION CENTER ij)_ 77~ PHONE: 933-0005 .(date) .Initiating Party Second Party(s): Other interested participated`,in the mediation session which took place at: Mediators for the. session were: 'C'he nature of the :complaint was: ~C~~~~~% r ~ _ , __ llurin~ the course of the mediation the :following terms of agreement were reached: . ~V ~ ~_ ~ 0. .. . _ / _ _ `7n ~_ ..... i i~s~rs ~L~6 Signed: by: . ~ i~ G~Jc-ems' ;o;~ 1 ~ I ~ ~ (signature) {date) (s nature) (date) .ch~r!'c - `~~~=------------ ------~ m I x.1_1 ~g-- / ~nc~[,k~~~~P~~--- ~~~i33~~~ - - (si na e) (date) `signature) ~ (date) (sign ure of Mediator.) (date) (signature ,of Mediator) date) All 'parties 'agree that all proceedings will be held in strict confidence. i White Copy/Office 987 MEDIATION AGREEMENT ~ 5 ~(~ CASE # t~- the following parties: AGENDA SECTION: PUBLIC HEARINGS AGENDA ITEM # 7 REPORT # I S 2 J STAFF REPORT CITY COUNCIL MEETING ~TULY 23, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider specially assessing the Lyndale/HUB/Nicollet (LHN) area for current services for the period January 1 through December 31, 2002. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution ordering the Lyndale/HUB/Nicollet (LHN) maintenance work for the period January 1, 2002 through December 31, 2002 to be done and the costs specially assessed. • II. BACKGROUND On January 26, 1981, the City Council adopted Resolution No. 6372, which established a service in the LHN area (approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue) which would be specially assessed. The higher level of maintenance proposed to be provided in the area includes the trimming and watering of trees and plants, operation of a special street lighting system, removal of snow and ice from sidewalks and performance of other specialized maintenance functions. 07231hn02ph NAME, TITLE III. BASIS OF RECOMMENDATION A. POLICY The City Council has scheduled a public hearing for July 23, 2001 to consider the establishment of a special assessment district for current maintenance service costs in the LHN redevelopment area. Notice of this public hearing was mailed to all owners of commercial property in the area and was published in the official newspaper as required by law. • Resolution No. 6372, adopted in 1981, established policy for assessing the costs. • This policy allows staff to continue to provide excellent service to the LHN Redevelopment Area. B. CRITICAL ISSUES • N/A C. FINANCIAL • The estimated maintenance cost for the period January 1 through December 31, 2002 is $50,000. 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 Counal meeting should a legal question arise. IV. ALTERNATNE RECOMMENDATION(S) ~ • Council may choose to establish a set rate and limit the maintenance performed to that dollar amount. However, staff believes the redevelopment area would suffer if limited maintenance was performed. ATTACI-IlVIENTS ~ • Resolution adopting assessment on LHN Redevelopment Area maintenance for the period January 1, 2002 through December 31, 2002. • Copy of Public Hearing legal notice published July 11, 2001. • Graphic displaying Lyndale/HUB/Nicollet special assessment district. 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 proposed 2002 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2002 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 23, 2001 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, 2001. 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 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk r 1 1__J • i CITY OF ,RICHFIELD Public Hearing Notice REGARDING: Notice of public hearing on proposed assessment for certain services of the City within the Lyndale/Hub/Nicollet Redevelopment Area from January 1, 2002 through December 31, 2002. WHEN: Monday, July 23, 2001 City Council Meeting 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. WHERE: Richfield City Hall, 6700 Portland Avenue South. SPECIAL ASSESSMENT DISTRICT DESCRIPTION: The Special Assessment District consists of the Lyndale/Hub/Nicollet Redevelopment Project Area, the approximate boundaries of which are 64th Street on the north, First Avenue on the east, 67th Street on the south, and Emerson Avenue on the west. The estimated cost of providing all of such services within the district for the period of January 1, 2002 through December 31, 2002 is $50,000. QUESTIONS: Call Randy Hughes at 612-861-9170. HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: July 11, 2001 W z 3 U H D z w •g w Q Z 2 J }S ~ 18~~OOIN ~~BaSlb'~8 H12~OM1N~M ~1~1f18S~~1d 1Nb'Sb'8~d aNb'2~J 1312~2~`dH a~31d2~t~J 8~d4NJll HOI?~a~b' 1Nb'A2~8 X`dd~00 1NOdf14 NOS2~8W8 1NOW82~d H _U cn ~- w cn ~ o ~ w W U d ~ Z d W W ~ Z_ ~ Q ~~ J Q ~ ~~ ~ ~ ~ ~ 111111JLLL ~j QII[ 11 WJ [ffi11] 11 a~ a~ 0 0 0 d- 0 0 0 N 0 AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT PUBLIC HEARINGS 7 181 CITY COUNCIL MEETING JULY 23, 2001 RANDY HUGHES, OPERATIONS REPORT PREPARED BY: COORDINATOR NAME, TITLE • REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ /~ ATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider specially assessing the 77th Street project area for current services for the period January 1 through December 31, 2002. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution ordering the 77th Street maintenance work for the period January 1, 2002 through December 31, 2002 to be done and the costs specially assessed. III. BACKGROUND ~ Beginning in 1988, the Council has taken action to support continuance of specially assessing a 77th Street project area that now is from I-35W to Cedar Avenue. .] The proposed higher level of maintenance to be provided in 2002 includes - trimming and watering of trees and plants, - repair of sidewalks, - trash and litter removal, - irrigation maintenance and repair, - removal of snow and ice from sidewalks, - maintenance of the sound wall barrier and - performance of other specialized maintenance functions. 0723ph77th02 These items are .extra services provided directly to the 77th Street Project Area and do not include services provided to the entire City. Most of the routine maintenance (mowing, weeding, litter cleanup) has been and will continue to be contracted; leaving City crews to perform repairs on irrigation, lights and signs. For the most part, each owner is to be-responsible for property to the curb while the City is responsible for common areas such as street islands, the north boulevard and sound wall. III. BASIS OF RECOMMENDATION • • A. POLICY • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • The City Council has scheduled a public hearingfor July 23, 2001 to consider the establishment of a special assessment district for 2002 current maintenance service costs in the 77th Street Project Area between I-35W and Cedar Avenue. • Notice of this public hearing was mailed to all owners of commercial property in the area, and published in the official newspaper as required by law. B. CRITICAL ISSUES • N/A C. FINANCIAL The estimated cost for the period January 1 through December 31, 2002 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. ALTERNATIVE .RECOMMENDATION(S) ~ Council may choose to establish a set rate and limit the maintenance performed to that dollar amount. However, staff believes the redevelopment area would suffer if limited maintenance was performed. ATTACHMENTS Resolution ordering undertaking and special assessment of current services provided to the 77th Street project area for the period January 1 through December 31, 2002. • Copy of July 23, 2001 Public Hearing legal notice published in July 11, 2001 Richfield Sun-Current. • Graphic displaying 77th Street special assessment district. 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 proposed 2002 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2002 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 23, 2001 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. c. Weed elimination; Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; 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; i. 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, 2002. 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 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CITY OF -RICHFIELD • Public Hearing Notice REGARDING: Notice of public hearing on proposed assessment for certain services to be provided in the 77th Street Project Area from January 1, 2002 to December 31, 2002 WHEN: Monday, July 23, 2001 City Council Meeting 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. WHERE: Richfield City Hall, 6700 Portland Avenue South. PROJECT AREA DESCRIPTION: The proposed special assessment district consists of all commercial property in the 77th Street project area, the approximate boundaries of which are 1-35W on the west, Cedar Avenue on the east, 76th Street on the north and I-494 on the south. The estimated cost for providing such services from January 1, 2002 to December 31, 2002 is $80,000. • QUESTIONS: Call Randy Hughes, Operations Coordinator at 612-861-9170 HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: July 11, 2001 .7 AGENDA SECTION: AGENDA ITEM # REPORT # • J STAFF REPORT PUBLIC HEARINGS 6 180 CITY COUNCIL MEETING JULY 23, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RANDY HUGHES, OPERATIONS COORDINATOR NAd~; TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding adoption of the special assessment roll for Lyndale/HUB/Nicollet (LHN) Maintenance for the period January 1, 2000 through December 31, 2000 I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for Lyndale/HUB/Nicollet (LHN) Maintenance for the period January 1 through December 31, 2000. IIL BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the (66th Street/Lyndale/Nicollet) area. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined costs of current services to be assessed for the 2000 maintenance of the LHN redevelopment area. The current maintenance services for 2000 included, but were not necessarily limited to, one or more of the following including labor, equipment and materials. . 1. Landscape maintenance of common properties, including mowing, fertilizing, and edging; 2. Irrigation maintenance; 3. Trash removal and general maintenance. 0723PHOOLHN III. BASIS OF RECOMMENDATION A. POLICY • Council ordered the work, and the work is done. The City Council has scheduled a public hearing to be held July 23, 2001 on the assessment for the cost of current maintenance services performed in the LHN redevelopment area for the period January 1 through December 31, 2000. City 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 duly published, and notices were mailed to the owner of each parcel described in the assessment roll. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Total cost for 2000 LHN maintenance services is $31,273.61. • 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 staffs recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2001 in order to avoid interest payments. Payments made after that date would include the interest payment. 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~ • The Council may make changes as deemed necessary in 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 assessment on LHN maintenance for January 1, 2000 through December 31, 2000. • The assessment roll. • • Copy of July 23, 2001 Public Hearing legal notice published in Richfield Sun- CurrentJuly 11, 2001. • Graphic displaying Lyndale/HUB/Nicollet special assessment district. 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 2000 special assessment. One call was taken from the representative of Bradley Real Estate concerned about the amount of the assessment. • RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2000 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 $31,273.61, 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 2001 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 23rd day of July, 2001. Martin J. 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LL W W z _ _ _ = z = ~ = U U U U _Z p U ~ U 0 H H F=- 1=- ~ I=- > > ~ ~ p = O 0 0 0 ~ Q ~ o o ~ w w w w w W w w w z z z z ~ ~ z ~ ~ Q Q ¢ O m ~ w a o ~ w = w w w w ~ ~ w Q ~. a Q a a ¢ N cn _ a o ~ ?~ }~ ~ ~ ~ a ~ J ~ W r, d N N O ~ ~ N ~ (O ~ CO C O CO C O CO OD ~ C4 ~ ~ 00 Z Z Z ~ Z ~ ~ W W Ww ww ' J U' W U' W O Z Z U (n 0 az ¢z a= a= W J ~ IW-V IW-U H~ H~ a ~ O ~ Z d a ~ ~ ¢ ¢ Y Y a ~ = u 4 - (nY 1 - (AY F -- (nW I - (AW =~ fns W U ~ U J } O W ww p W ww ~> w w~ ~> w w~- ~ W Ja wO F" w a. ~ O J w J a ~V ~F' u F- tiU ~~ u-w w v ~ w~ =~ - =~ =z =z => >- z ~ ww UZ UZ C?~ c?~ Uw O ¢ a~ ~_ ~_ ~¢ ~a ~o ~ ~ U v~¢ M M M M I~ O O ~ M r r ~- r O 0 0 0 0 0 0 O M M M M ~ ~ ~ N N N N N N N N N ~ O ~ O ~ 0 0 0 N N N N N N N N N L(~ r ltd r Ln r Li7 r Ln r L(~ ~ to ~ In ~ Ln ~ 0 O N M N >, 7 -~ C .~ N 2 U_ a CITY OF .RICHFIELD Public Hearing Notice REGARDING: Notice of hearing on proposed assessment for certain services of the City within the Lyndale/Hub/Nicollet Redevelopment Area from January 1, 2000 through December 31, 2000. WHEN: Monday, July 23, 2001 City Council Meeting 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. WHERE: Richfield City Hall, 6700 Portland Avenue South SPECIAL ASSESSMENT DISTRICT DESCRIPTION: The Special Assessment District consists of the Lyndale/Hub/Nicollet Redevelopment Project Area, the approximate boundaries of which are 64th Street on the north, First Avenue on the east, 67th Street on the south, and Emerson Avenue on the west. The cost of providing all of such services within the district for the period of January 1, 2000 through December 31, 2000 is $31,273.61. QUESTIONS: Call Randy Hughes at 612-861-9170. HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: July 11, 2001 n ~J W z 3 U H D z w •~ w Q Z 2 J }S ~ 1~~~001N ~~~aSlb'~8 Hl~JOM1N8M ~12~f18S~~1d 1Nb'Sd~~d aN`d2~J 1~12~2~`dH a~~l~2~d0 8~b'aN~l~ H012~a~b' 1N`d~12~8 Xb'~~00 1NOdfla NOS2~3W~ 1NOW82~~ U ~ ~ w cn ~ o ~ w w U ~ Z Z a w U..I ~ Z_ ~ Q ~~ J Q ~ ~ ~ ~ co co 1 a~ a~ 0 0 0 0 0 0 N g 0 0 • J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 PUBLIC HEARINGS 179 REPORT PREPARED BY: REPORT PRESENTER: NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding adoption of the special assessment roll for 77th Street Maintenance for the period January 1, 2000 through December 31, 2000. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for 77th Street Maintenance for the period January 1 through December 31, 2000. III. 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 maintenance functions, known as current services, are funded through the, maintenance assessment on the 77th Street businesses. Costs to be assessed have been determined for 1999 maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. The current maintenance services for 2000 included, but were not necessarily limited to, one or more of the following including labor, equipment and materials. 1. Landscape maintenance of common properties, including mowing, fertilizing, and edging; AGENDA SECTION: AGENDA ITEM # REPORT # 0723PH77th00 2. Irrigation maintenance; 3. Trash removal and general maintenance. III. BASIS OF RECOMMENDATION A. POLICY • Council ordered the work, and the work is done. The City Council has scheduled a public hearing to be held July 23, 2001 on the assessment for the cost,of current maintenance services performed in the 77th Street project area for the period January 1 through December 31, 2000. City 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 duly published, and notices were mailed to the owner of each parcel described in the assessment roll. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL Total actual cost for 77th Street maintenance services is $70,594.20. .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 staffs recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2001 in order to avoid interest payments. Payments made after that date would include the interest payment. 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~ The Council may make changes as deemed necessary in 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 assessment on 77th Street maintenance for the period January 1, 2000 through December 31, 2000. The assessment roll • Copy of July 23, 2001 Rublic Hearing legal-notice published in-July 11, 2001 Richfield Sun-Current. • Graphic displaying the 77th Street special assessment district. 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 2000 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. n LJ RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2000 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 $70,594.20 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 2001 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 23rd day of July 2001. Martin J. Kirsch, Mayor • ATTEST: Nancy Gibbs, City Clerk • O O 0 N W oa ~ W ~- ~... 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WHERE: Richfield City Hall, 6700 Portland Avenue South. PROJECT AREA DESCRIPTION: The special assessment district consists of all commercial property in the 77th Street project area, the approximate boundaries of which are I-35W on the west, Cedar Avenue on the east, 76th Street on the north and I-494 on the south. The cost of providing all of such services within the district for the period of January 1, 2000 through December 31, 2000 is $70,594.20. QUESTIONS: Call Randy Hughes at 612-861-9170. HOW TO COMMENT: Attend the hearing and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: July 11, 2001 • C7 AGENDA SECTION: AGENDA ITEM # REPORT # ~' STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 PUBLIC HEARINGS 178 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE NAME, TITLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding adoption of the special assessment roll for removal of diseased trees from private property for work ordered during the period January 1, 2000 through December 31, 2000 L RECOMMENDED ACTION: MIKE EASTLING, PUBLIC WORKS DIRECTOR ~~ r~~ Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for removal of diseased trees from private property for work ordered during the period January 1 through December 31, 2000. • III. BACKGROUND ~ In the period from January 1, 2000 through December 31, 2000, 45 property owners chose to use the City's contractor and requested that the cost of the tree removal be assessed against their property. The contractor used by the City in 2000 was very slow and eventually went out of business before all the work was completed. Consequently, some of the work ordered in 2000 was not completed until 2001. This assessment roll contains all work ordered in the summer of 2000 even though some of the jobs were not finished until after January 1, 2001. III. BASIS OF RECOMMENDATION 0723Tree00PH A. POLICY The work has- been done with prior approval from the affected residents. • City 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 duly published and notices were mailed to the owner of each parcel described in the assessment roll. B. CRITICAL ISSUES On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL The costs to be assessed for the removal of diseased trees on private property ordered during the period January 1, 2000 through December 31, 2000 have been determined to be $37,807.77. 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 January 1, 2000 through December 31, 2000 would be certified with the County Auditor by the end of October, 2001. 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 make any changes deemed necessary. in the assessment roll as a result of the hearing by adding the phrase, "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessment for removal of diseased trees on private property ordered during the period January 1, 2000 through December 31, 2000. The assessment roll. A copy of the July 23, 2001 Public Hearing legal notice published in the July 11, 2001 Richfield Sun-Current. • 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 2000 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. U RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 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: Pro ert Address Pro ert Identification Number 7313 Grand Avenue So. 34-02824-23-0147 6629 Logan Avenue So. 28-02824-31-0054 1017 W 76th Street 33-02824-44-0024 6532 2nd Avenue So. 27-02824-13-0093 7101 12th Avenue So. 35-02824-12-0032 6408 15th Avenue So. 26-02824-13-0053 7141 Portland Ave So. 35-02824-22-0077 7300 3rd Avenue So. 34-02824-13-0001 7021 Augsburg Avenue 34-02824-22-0036 7200 Morgan Avenue So. 33-02824-23-0031 7639 Harriet Avenue So. 34-02824-33-0042 2500 W 70 1 /2 Street 32-02824-11-0027 7137 Nicollet Avenue 34-02824-12-0106 7006 Logan Avenue So. 33-02824-22-0006 7044 Morgan Avenue So. 33-02824-22-0028 6234 Pillsbury Avenue So. 27-02824-21-0031 7432 Sheridan Avenue So. 32-02824-41-0014 7201 Newton Avenue So. 33-02824-23-0046 7344 18th Avenue So. 35-02824-14-0105 7115 Morgan Avenue So. 33-02824-22-0078 7037 Logan Avenue So. 33-02824-21-0111 6325 14th Avenue So. 26-02824-12-0092 7544 Vincent Avenue So. 32-02824-42-0104 6601 Logan Avenue So. 28-02824-31-0061 7226 Chicago Avenue So. 35-02824-23-0117 6813 Knox Avenue So. 28-02824-34-0112 6312 15th Avenue So. 26-02824-12-0078 6805 Thomas Avenue So. 29-02824-44-0087 6628 Lynnwood Blvd. 28-02824-42-0072 6525 Emerson Avenue So. 28-02824-13-0062 7244 Logan Avenue So. 33-02824-23-0022 7408 Stevens Avenue So. 34-02824-42-0034 6940 Sheridan Avenue So. 29-02824-44-0098 6801 James Avenue So. 28-02824-34-0110 6401 16th Avenue So. 26-02824-14-0004 6744 Stevens Avenue So. 27-02824-42-0039 • Pro ert Address 6645 Oliver Avenue So. 6600 Knox Avenue So. 6800 Irving Avenue So. 6929 Russell Avenue So. 6540 Emerson Avenue So. 7108-5th Avenue So. 7440 Fremont Avenue So. 6944-3rd Avenue So. 6633 Lynnwood Blvd. Pro ert. Identification Number 28-02824-32-0044 28-02824-31-0042 28-02824-34-0009 29-02824-44-0151 28-02824-13-0077 34-02824-11-0008 33-02824-42-0041 27-02824-43-0051 28-02824-41-0032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. Such proposed assessment roll, in the amount of $37,807.77, 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. S 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 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ASSESSMENT ROLL 2000 REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY 34-02824-23-0147 28-02824-31-0054 33-02824-44-0024 27-02824-13-0093 35-02824-12-0032 26-02824-13-0053 35-02824-22-0077 34-02824-13-0001 34-02824-22-0036 33-02824-23-0031 34-02824-33-0042 32-02824-11-0027 34-02824-12-0106 33-02824-22-0006 33-02824-22-0028 27-02824-21-0031 32-02824-41-0014 33-02824-23-0046 35-02824-14-0105 33-02824-22-0078 33-02824-21-0111 02824-12-0092 02824-42-0104 28-02824-31-0061 35-02824-23-0117 28-02824-34-0112 26-02824-12-0078 29-02824-44-0087 28-02824-42-0072 28-02824-13-0062 33-02824-23-0022 34-02824-42-0034 29-02824-44-0098 28-02824-34-0110 26-02824-14-0004 27-02824-42-0039 28-02824-32-0044 28-02824-31-0042 28-02824-34-0009 29-02824-44-0151 28-02824-13-0077 34-02824-11-0008 33-02824-42-0041 27-02824-43-0051 8-02824-41-0032 NAME ADDRESS CITYSTZIP AMOUNT Marvin Martens 7313 Grand Avenue So. Richfield, MN 55423 680.00 Steven Kleis 6629 Logan Avenue So. Richfield, MN 55423 1,275.00 REM-Hennepin Inc. 1017 W 76th Street Richfield, MN 55423 95.00 Michael Kudla 6532-2nd Avenue So. Richfield, MN 55423 640.00 Glen Rognrud 7101-12th Avenue So. Richfield, MN 55423 1,915.00 Donald Bruce 6408-15th Avenue So. ~ Richfield, MN 55423 1,275.00 Kay Hagen 7141 Portland Ave So. Richfield, MN 55423 450.00 Nancy Reynolds .7300-3rd Avenue So. Richfield, MN 55423 850.00 Charles Lehman 7021 Augsburg Avenue Richfield, MN 55423 320.00 David Boedeker 7200 Morgan Avenue So. Richfield, MN 55423 600.00 Randal White 7639 Harriet Avenue So. Richfield, MN 55423 850.00 Donald Yerhot 2500 W 70 1/2 Street Richfield, MN 55423 2,550.00 Ezra Davis 7137 Nicollet Avenue Richfield, MN 55423 1,150.00 Vivian Ryan 7006 Logan Avenue So. Richfield, MN 55423 290.00 Curtis Dahlk 7044 Morgan Avenue So. Richfield, MN 55423 600.00 Donald Carlson 6234 .Pillsbury Avenue So. Richfield, MN 55423 1,000.00 Douglas Anderson 7432 Sheridan Avenue So. Richfield, MN 55423 640.00 John McDonald 7201. Newton Avenue So. Richfield, MN 55423 850.00 Sidney Rehwaldt 7344-18th Avenue So. Richfield, MN 55423 850.00 Dwayne White 7115 Morgan Avenue So. Richfield, MN 55423 365.00 Jonathan Drew 7037 Logan Avenue So. Richfield, MN 55423 800.00 James Kilts 6325-14th Avenue So. Richfield, MN 55423 1,400.00 John McNab 7544 Vincent Avenue So. Richfield, MN 55423 640.00 Robert Reiff 6601 Logan Avenue So. Richfield, MN 55423 425.00 Rick Schmoll 7226 Chicago Avenue So. Richfield, MN 55423 150.00 Robert Nikrin 6813 Knox Avenue So. Richfield, MN 55423 1,275.00 Penny Olson 6312-15th Avenue So. Richfield, MN 55423 637.50 Dan Schlissel 6805 Thomas Avenue So. Richfield, MN 55423 400.00 Nicole Bridgeman 6628 Lynnwood Blvd. Richfield, MN 55423 1,000.00 Mary Meegan 6525 Emerson Avenue So. Richfield, MN 55423 1,825.00 Anita Rauschenfels 7244 Logan Avenue So. Richfield, MN 55423 450.00 Paul Bartlett 7408 Stevens Avenue So. Richfield, MN 55423 800.00 Jason Bernloehr 6940 Sheridan Avenue So. Richfield, MN 55423 400.00 Randy Luoma 6801 James Avenue So. . Richfield, MN 55423 735.00 Darlene Davis 6401-16th Avenue So. Richfield, MN 55423 640.00 Jeffrey Jacobs 6744 Stevens Avenue So. Richfield, MN 55423 1,455.00 Thomas Tjornhom 6645 Oliver Avenue So. Richfield, MN 55423 600.00 Jesse Bjorkstrand 6600 Knox Avenue So. Richfield, MN 55423 1,400.00 Chris Wenthe 6800 Irving Avenue So. Richfield, MN 55423 450.00 Simone Lassi 6929 Russell Avenue So. Richfield, MN 55423 450.00 Barbara Uphoff 6540 Emerson Avenue So. Richfield, MN 55423 850.00 Barry Quast 7108-5th Avenue So. Richfield, MN 55423 850.00 Andrew Gordon 7440 Fremont Avenue So. Richfield, MN 55423 1,315.27 Rita Dahlman 6944-3rd Avenue So. Richfield, MN 55423 340.00 Charles Carr 6633 Lynnwood Blvd. Richfield, MN 55423 1,275.00 Public Hearing July 23, 2001 CITY OF RICHFIELD Public Hearing Notice REGARDING: NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR WORK ORDERED DURING THE PERIOD FROM JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 WHEN: Monday, July 23, 2001 at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda WHERE: Richfield City Hall, 6700 Portland Avenue South, Richfield, MN 55423 SUBJECT ADDRESS: PIN 7313 Grand Avenue 34-02824-23-0147 6629 Logan Avenue 28-02824-31-0054 1017 West 76th Street 33-02824-44-0024 6532-2nd Avenue 27-02824-13-0093 7101-12th Avenue 35-02824-12-0032 • 6408-15th Avenue 26-02824-13-0053 7141 Portland Avenue 35-02824-22-0077 7300-3rd Avenue 34-02824-13-0001 7021 Augsburg Avenue 34-02824-22-0036 7200 Morgan Avenue 33-02824-23-0031 7639 Harriet Avenue 34-02824-33-0042 2500 West 70 1 /2 Street 32-02824-11-0027 7137 Nicollet Avenue 34-02824-12-0106 7006 Logan Avenue 33-02824-22-0006 7044 Morgan Avenue 33-02824-22-0028 6234 Pillsbury Avenue 27-02824-21-0031 7432 Sheridan Avenue 32-02824-41-0014 7201 Newton Avenue 33-02824-23-0046 7344-18th Avenue 35-02824-14-0105 7115 Morgan Avenue 33-02824-22-0078 7037 Logan Avenue 33-02824-21-0111 6325-14th Avenue 26-02824-12-0092 7544 Vincent Avenue 32-02824-42-0104 6601 Logan Avenue 28-02824-31-0061 7226 Chicago Avenue 35-02824-23-0117 6813 Knox Avenue 28-02824-34-0112 6312 -15th Avenue 26-02824-12-0078 6805 .Thomas Avenue 29-02824-44-0087 • 6628 Lynnwood Boulevard 28-02824-42-0072 6525 Emerson Avenue 28-02824-13-0062 7244 Logan Avenue 33-02824-23-0022 7408 Stevens Avenue 34-02824-42-0034 6940 Sheridan Avenue 29-02824-44-0098 6801 James Avenue 28-02824-34-0110 6401-16th Avenue 26-02824-14-0004 6744 Stevens Avenue 27-02824-42-0039 6645 Oliver Avenue 28-02824-32-0044 6600 Knox Avenue 28-02824-31-0042 6800 Irving Avenue 28-02824-34-0009 6929 Russell Avenue 29-02824-44-0151 6540 Emerson Avenue 28-02824-13-0077 7108 -5th Avenue 34-02824-11-0008 7440 Fremont Avenue 33-02824-42-0041 6944 -3rd Avenue 27-02824-43-0051 6633 Lynnwood Boulevard 28-02824-41-0032 LEGAL DESCRIPTION: The services which were undertaken by the City for removal of diseased trees from private property, the cost of which is to be specially assessed against the benefited properties, included securing and scheduling of contractor plus related processing. The cost of providing all such services for these removals for work ordered during the period of January 1, 2000 - .December 31, 2000, is $37,807.77. The proposed assessment is on file for public inspection at my office. Written or oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to affected property owners as deemed advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk; however, no appeal may be taken as to the amount of an individual assessment unless a written objection by the affected property owner is filed with the clerk prior to the assessment hearing or presented to the presiding officer at the hearing. QUESTIONS: Call Randy Hughes at 612-861-9170. • HOW TO COMMENT: Attend the meeting and you will be heard or submit written comments. NANCY GIBBS City Clerk 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. Publish: Richfield Sun-Current July 11, 2001 • • • AGENDA SECTION: Public Hearing AGENDA ITEM # 5 REPORT # I ~ ~ _ STAFF REPORT CITY COUNCIL MEETING • JULY 23, 2001 REPORT PREPARED BY: SCOTT WILLIAMS, PLANNING AND RESEARCH SPECIALIST NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance approving a capital project over $500,000, for installation of the 800 MHz Public Safet Radio S stem. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the second reading of the attached ordinance approving a capital improvement project to purchase and install a new Public Safety radio system, pursuant to Richfield City Charter, Section 8.04. • IL BACKGROUND Most of Richfield's Public Safety radio system is approaching 20 years of age and is in need of replacement. In 1999, a decision was made that joining the Regional 800 MHz Radio System was the most cost-effective option for upgrading Public Safety's communications system. On March 27, 2000, the City Council approved a contract with Motorola and a cooperative agreement with Hennepin County to join the Regional 800 MHz Public Safety Radio System. Originally, the total capital investment for this system was expected to be less that $500,000; however,. in conducting the final system design, it was decided that the existing space available for radio equipment was not adequate. Fortunately, staff was able to negotiate an agreement with Sprint PCS to construct joint equipment space for both the 800 MHz 0723800MHzSecondReading radio equipment and Sprint's PCS equipment. At the April 9, 2001. meeting, the Council approved a lease with Sprint that requires them to construct this space in • return fora $70,000 credit on their tower lease. Although not a direct cost to the City, the $70,000 could be considered part of the capital cost of this project. If the Sprint lease credit is considered part of the total system cost, the total capital investment for the 800 MHz will exceed the $500,000 threshold in the City Charter that requires an ordinance. First reading consideration of the attached ordinance was on June 25, 2001. III. BASIS OF RECOMMENDATION A. POLICY • Under the City Charter, a public hearing and second reading of an ordinance are required for capital projects over $500,000. B. CRITICAL ISSUES When this project was first approved, the total costs were projected to be under $500,000. The credit on the Sprint PCS lease for the construction of equipment space, if considered part of the capital costs of the project, puts the total capital investment over $500,000. • The first reading of the ordinance occurred on June 25, 2001. Notice of the public hearing was published in the Sun Current on July 11, 2001. C. FINANCIAL The total capital costs for this project are as follows: • Motorola Contract: $266,655. • Cooperative agreement with Hennepin County to provide microwave link into system: $200,000 ($20,000 paid annually over 10 years). Miscellaneous site preparation (tower modifications, electrical work, grounding system): $15,000. Sprint PCS lease credit: $70,000. D. LEGAL • Conducting the public hearing and approving the ordinance keeps this project in compliance with Charter requirements. IV. ALTERNATIVE KECOMMENDATIUN(5) I None V. ATTACFIlVIENTS • Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. • TRANSITORY ORDINANCE NO. • AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT TO PURCHASE AND INSTALL A NEW PUBLIC SAFETY RADIO SYSTEM, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000 must be approved by ordinance after a public hearing. 1.02. The City Council has previously approved a cooperative agreement with Hennepin County to join the regional 800 MHz Radio System and furnish microwave equipment necessary to connect the Richfield dispatch center to the system ($200,000). 1.03. The City Council has previously approved a contract with Motorola to furnish console equipment for the Richfield dispatch center to operate on the new radio system ($266,665). 1.04. At the April 9, 2001 meeting, the City Council approved a lease with Sprint that requires them to construct equipment space required for the new 800 MHz system equipment in return fora $70,000 credit on their tower lease. This credit pushes the total project cost over the $500,000 threshold defined in City Charter Section 8.04, requiring a public hearing and ordinance approval. 1.05. A public hearing was held on July 23, 2001 after due notice as required by 8.05 of the Richfield City Charter. Section 2. Approval; effective date. 2.01. The 800 MHz Public Safety Radio System Project is approved as outlined in the contract between the City and Motorola, dated March 29, 2000; the cooperative agreement between the City and Hennepin County, dated May 2, 2000; and the lease agreement between the City and Sprint PCS, dated April 26, 2001. 2.02. This ordinance is effective on the day following its publication. Adopted by the City Council of the City of Richfield, Minnesota this 23~d day of July, 2001. Martin J. Kirsch, Mayor ATTEST: • Nancy Gibbs, City Clerk • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING • JULY 23, 2001 Consent 4H 176 BETSY CxRISTENSEN, ADMINISTRATIVE REPORT PREPARED BY: SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: J~- SIGNATURE REVIEWED BY CITY MANAGER: ~ _ ~~„~ ~, , , ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for an itinerant place of amusement and itinerant food license, with a request of a fee waiver, for the. Church of St. Peter, 6730 Nicollet Avenue South, for their annual Fall Festival to be held October 6 and 7, 2001. I. RECOMMENDED ACTION: By Motion: Approve an itinerant place of amusement and itinerant food license, with a fee waiver, for the Church of St. Peter's annual Fall Festival to be held October 6 and 7, 2001. II. BACKGROUND On June 11, 2001, the Church of St. Peter submitted a request for itinerant place of amusement and itinerant food licenses for their Fall Festival to be held October 6 and 7, 2001. They are requesting the fee be waived. They plan to serve chili, spaghetti and French bread for dinner, as well as a few miscellaneous snacks from the concessions staffed by Herr Concessions. Herr Concessions will also be handling the rides and games for this event. 0723StPeterFal I Festival The Church of St. Peter has contacted food sanitarians from the City of . Bloomington to ensure that proper food handling practices are followed. In addition, Herr Concessions has been in contact with City of Bloomington regarding food preparation and handling practices. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. The City has previously issued this license in conjunction with the St. Peter Fall Festival III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with the City codes pertaining to this license. B. CRITICAL ISSUES N/A G FINANCIAL N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request for itinerant place of amusement and itinerant food licenses, and the request of a fee waiver. However, the Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted this license in conjunction with St. Peters Fall Festival. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ann Garland or other church of St. Peter staff. • • AGENDA SECTION: ('~nsen AGENDA ITEM # 4 (; REPORT # 1 7 5 J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. NAME, TITLE REPORT PRESENTER: SAMANTHA ORDUNO, CITY MANAGER NAME, TITLE SIGNATURE LJ DEPARTMENT DIItECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL. CONSIDERATION: Consideration of first reading of an ordinance amendment relating to regular meetings of the Citv Council; amending Subsection 205.01 of the Richfield Ci Code. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached ordinance amendment relating to regular meetings of the City Council; amending Subsection 205.01 of the Richfield City Code and schedule second reading for August 13, 2001. • IL BACKGROUND At the City Council Study Session of July 11, 2001 the Council discussed changing the meeting day and time of the regular City Council meetings, effective January 1, 2002. The Council meetings have, for as long as can be remembered, taken place on the second and fourth Mondays. While there is no magic to any one particular day of the week (except for Wednesdays that tend to be a night when many churches hold activities), Mondays are especially difficult for staff and the public. . Agendas are generally prepared and distributed on Thursday evening or Friday morning. It is difficult for Council Members and the public to go through the agenda items that Friday and call with any questions, concerns or requests for information. Most often, it is Monday before staff receives requests for information. It is also difficult for individuals/groups with agenda items to receive information or clarification before Monday and too often it is just hours before the meeting. Staff has long believed that an additional day to prepare for meetings would be beneficial to Council Members, the public and staff. It would allow additional time for information sharing prior to the meeting, react appropriately to last minute issues and address questions from the public, agenda participants and the Council Changing the meeting day to Tuesday would also eliminate the conflict with the School District who also meets on Mondays. Several members of the public have complained that, especially during the spring and summer months, many people include Monday as a long weekend and are out of town on Mondays. The issue of the time of Council meetings has also been a item of discussion, especially in relation to the number of staff that attend Council meetings, the ever-increasing number of agenda items and the length of Council meetings. Again, there doesn't appear to be any magical time, but one thing is critically important: allowing sufficient time for people to return from work and attend the meeting. Several cities in the metro area have changed their meeting times to 6 or 6:30 p.m. The rationale was that it allowed time to go home, if necessary, or go right to the meeting with the goal of getting home earlier. From a staff perspective, it involves fewer nighttime hours and frees up time during the day when it is needed on a more consistent basis. At the Council's request, staff prepared a .proposed ordinance amendment changing the regular City Council meetings from the second and fourth Mondays of each month at 7 p.m. to the second and fourth Tuesdays of each month at 6:30 p.m. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code requires that every ordinance receive two readings before the Council prior to final adoption. The code also states the procedure for adoption of ordinances and resolutions shall conform to the requirements of the City Charter. • Section 205, .Subsection 205.01 of the Richfield City Code establishes regular meetings for the City Council. The current ordinance states regular Council meetings are held on the second and fourth Mondays of each month at 7 p.m. at the City Hall. B. CRITICAL ISSUES • A second reading is required for ordinance amendments. • A public hearing is not required by State law or City Charter. • If approved at second reading, the ordinance will be published in the Richfield Sun Current. C. FINANCIAL Better utilization of staff and consultant resources will result in cost savings over time. D. LEGAL • N/A. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer action on the proposed ordinance to another Council meeting. • Do not approve first reading of the ordinance. • If action is not taken on this matter, the regular Council meetings will remain on the second and fourth Mondays of each month at 7 p.m. V. ATTACHMENTS • Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • ORDINANCE NO. AN ORDINANCE RELATING TO REGULAR MEETINGS OF THE CITY COUNCIL; AMENDING SUBSECTION 205.01 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD ORDAINS: Section 1. Subsection 205.01 of the Richfield City Code is amended to read as follows: 205.01. Regular meetings. Regular meetings of the council are held on the second and fourth ~sTuesdays of each month at ~-A96:30 p.m. at the city hall. If any such td4e~ayTuesday is a legal holiday, the meeting shall be held on the next following day at the same hour and place. • 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 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • J STAFF REPORT AGENDA SECTION: Consent AGENDA ITEM # 4F REPORT # 17 4 CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DAWN WEITZEL, HUMAN RESOURCES MANAGER STEVEN L. DEVICH, AI~INISTiRATIVE SERVICES DIRECTOR ITEM FOR COUNCIL CONSIDERATION: First reading consideration of amendment to the City Administrative Code Chapter III, Subsection 310.33 describin vacation leave and 310.37 describin ersonal leave. I. RECOMMENDED ACTION: . By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Subsection 310.33 describing vacation leave and 310.37 describing personal leave, and schedule second reading for August 13, 2001. IL BACKGROUND Beginning in 2000, General Services and Management employees were given the opportunity to sell-back 24 hours of vacation time a year if they had an accumulated bank of vacation leave in excess of 64 hours. This is a benefit that some Union employees have been participating in for several years. In an effort to offer non-Union employees benefits already offered to Union members, a recommendation is being made to amend Section 1, Subsection 310.33 to: Subd. 8. Sell-back of vacation. Employees may sell-back up to 24 36 hours of vacation time each year if they have an accumulated bank of vacation leave in excess of 64 hours. Employees eligible to sell-back vacation authorized under this 0723vacation subdivision, may do so only once -per. calendar year. between February 15 and November 15. This benefit change would be implemented beginning January 1, 2002. A recommendation is also being made to amend-Subsection 310.37 (Personal Leave) from an accrual rate of 2.31 .hours to 2.55 hours of personal leave biweekly for those employees compensated under the management or general services compensation pay plans. In addition, maximum accrual rates would .also change from 192 hours yearly to 204 hours. These changes would affect those employees included in the General Services and Management Pay Plans and who are not represented by a Union. The amendments are requested so that these employees are offered some of the same Vacation Leave sell back and Personal Leave accrual and maximum levels already given to some Union employees. III. BASIS OF RECOMMENDATION A. POLICY • Subsection 310.33, Vacation Leave, and Subsection 310.37, Personal Leave, aid in balancing some of the benefits offered to City employees. Those benefits offered to Union employees should not exceed those benefits offered to employees not represented by unions. Furthermore, most employees represented by collective bargaining agreements are males while unions do not represent the majority of female employees. B. CRITICAL ISSUES In past years employees have either forfeited the accumulated leave time or taken time off.at the last minute -which may have interfered with the operations of the department. While the City encourages employees to regularly use vacation leave, demands of the job and short-staffed divisions do not always allow employees to take leave when wanted or needed. It is recommended that the second reading be scheduled for August 13, 2001. • A public hearing is not required per State law and the City Charter. C. FINANCIAL • By amending Subsection 310.37, Personal Leave, approximately 155 regular and part-time General Services and Management employees would receive an additional 6.24 hours in 2001. D. LEGAL ~; • In order to provide the requested additional vacation leave sell back and personal leave accrual enhancement, the City Council must approve an amendment to the City's personnel ordinance. IV. ALTERNATIVE RECOMMENDATION(S~ . Do not amend the ordinance. • Defer discussion #o another date. V. ATTACHIVIENTS • Ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • .. BILL NO. AMENDMENT TO SECTIONS 310.33 AND 310.37 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.33, Subdivision 8 of the ordinance code of the City of Richfield entitled "Sell-back of vacation" is hereby amended: Subd. 8. Sell-back of vacation. Employees may sell-backup to 24 hours of vacation time easfa-yeas in 2001 if they have an accumulated bank of vacation leave in excess of 64 hours. Be iq nning_2002 employees may sell-backup to 36 hours of vacation time each year if theLr have an accumulated bank of vacation leave in excess of 64 hours. Employees eligible to sell-back vacation authorized under this subdivision, may do so only once per calendaryear between February 15 and November 15. Section 2. Subsection 310.37, Subdivision 1 of the ordinance code of the City of Richfield entitled "Personal leave" is hereby amended: 310.37. Personal leave. Subdivision 1. Eligibility and accrual. A managerial employee, a regular full-time or full-time probationary employee, and a regular part-time or part-time probationary employee, classified and compensated under the management compensation plan or general services pay plan, as those plans have been adopted and may be amended from time to time pursuant to subsection 310.17 of this code, is eligible to accrue and use personal leave. An eligible full-time employee shall accrue ~ 2.55 hours of personal leave biweekly and may accumulate such leave from year to year up to a maximum of 4~ 204 hours of personal leave, unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of a-9~ 204 hours shall be forfeited by the employee without compensation. Eligible part-time employees shall accrue personal leave on a proportional basis of the full-time accrual based on hours worked per payroll period and shall be limited to maximum accruals and extensions authorized for full-time employees. Section 3. 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 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 4E REPORT # 17 3 J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 PERRY THORVIG REPORT PREPARED BY: COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ~ __ yy~ ~, ,~ ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the sale of property to Dr. Donald Johnson for the construction of a arkin lot ad'acent to 6945 Penn Avenue. I. RECOMMENDED ACTION: By Motion: Conduct the first reading of the attached transitory ordinance authorizing the sale of property at 6933-37 Penn Avenue to Dr. Donald Johnson for the construction of a parking lot adjacent to 6945 Penn Avenue and schedule a public hearing and second reading of the transitory ordinance for August 13, 2001. • II. BACKGROUND The properties at 6933-37 Penn Avenue, along with five others in the block, were purchased for the construction of a stormwater pond because they were subject to seasonal flooding. Not all of the property was needed for the stormwater pond. Attempts were made to develop the north and south 84 feet of the property for residential uses. However, this proved to be infeasible. Subsequently, .this issue was brought to the City Council which directed staff to sell the southerly 64 feet of the site to Dr. Johnson who owns the dentist's office at 6945 Penn Avenue and reserve the rest of the site for increased stormwater storage in the future. Dr. Johnson would construct a parking lot. 0723-6933Penn BCL Appraisecs_appraised_the 8.,544 square foot property. The appraisal was reviewed by Donald Hennessey, review appraiser, and Larry Miller, Hennepin County appraiser. It was determined that the value of the property was a little less than $5.00 per square foot when used for parking or $40,000. Dr. Johnson has agreed to pay $40,000. This approval action is one of several needed to build the parking lot. Dr. Johnson is also requesting a subdivision waiver, rezoning, and an off-street parking permit. III. BASIS OF..RECOMMENDATION A. POLICY • It is City policy to provide off-street parking for cars. so that adequate plowing of snow can be done in the winter months. • The City also encourages off-street parking in residential areas. • The acquisition and disposition of the property does not conflict with the intent of the Comprehensive Plan for the area. • On September 25, 2000, the City Council directed staff to negotiate with Dr. Johnson concerning the sale of the adjoining lots for parking purposes. B. CRITICAL ISSUES • The neighbors have responded positively to this proposal. C. FINANCIAL • The land proceeds will be used to pay for landscaping on the City's portion of the site and capacity improvements to the stormwater pond. D. LEGAL • The sale to Dr. Johnson will require a public hearing and second reading of a transitory ordinance scheduled for August 13, 2001. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not sell the property. • Direct staff to negotiate a higher sale price. V. ATTACPIMENTS • Transitory Ordinance VL PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • BILL NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, "TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6933-37 PENN AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: Lot 14 and the south 14 feet of Lot 15, Block 10 of Tingdale Brothers Lincoln Hills Addition, Hennepin County, Minnesota, and. having the street address of 6933 and 6937 Penn Avenue South, Richfield, Minnesota Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this day of , 2001 by the Richfield City Council. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • AGENDA SECTION: ('onsent AGENDA ITEM # 4D REPORT # j ] 2 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 C REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE SYLVESTER, ZONING ADMINISTRATOR Nance, TiTGE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment rezoning the parcel at 6937 Penn Avenue and the 14 southerly feet of the parcel at 6933 Penn Avenue from R (single family residential) to C-1 (neighborhood commercial). I. RECOMMENDED ACTION: Approve first reading of an ordinance rezoning the parcel at 6937 Penn Avenue and the 14 southerly feet of the parcel at 6933 Penn Avenue from R to C-1; and set a second reading and public hearing for August 13, 2001. III. BACKGROUND I The- Gentle Dental Care clinic is located at 6945 Penn Avenue, on the northeast corner of Penn and 70th Street. The parcel on which the clinic is located is zoned C-1. While the facility meets off-street parking standards, additional off-street parking space would be desirable because some of the clinic's employees currently park along 70th Street in the adjoining residential neighborhood. North of the clinic, the City of Richfield owns seven parcels on the east side of Penn Avenue. The City is completing a stormwater pond on these parcels. All of these lots are zoned `R'. 0723-Rezoning Nance, TITLE In order to accommodate a parking lot expansion for the dental clinic, City staff has . worked with Dr. Don Johnson-the owner of the clinic-to sell one 50-foot lot (at 6937) and 14 feet of a second lot (at 6933) to Dr. Johnson. This additional 64 feet of land is the amount needed to expand the parking lot at the clinic. That portion of the parcel at 6933 which is not sold to Dr. Johnson will be retained by the City and used for the stormwater pond to the north. In order to sell this land to Dr. Johnson for a parking lot expansion, several steps must be taken, including: rezoning the land from `R' to `C-1', splitting the lot at 6933, selling the parcel at 6937 and the `split' portion of the parcel at 6933 and granting an off-street parking permit. III. BASIS OF RECOMMENDATION A. POLICY • The Planning Commission recommended approval for this rezoning after it held a public hearing and reviewed this proposal at its June 26, 2001 meeting. No neighbors spoke against the proposed rezoning at that public hearing. • City Code requires that a petition be signed by "owners of at least 50 percent of the land within 350 feet of the land proposed to be rezoned". Twenty-four of 41 property owners within 350 feet signed a petition stating that they support the rezoning to allow the expansion of the parking area for the dental clinic. All property owners who were asked to sign the petition did so-none objected to signing. • The Planning Commission found the rezoning to be consistent with the Comprehensive Plan objective to improve the quality of life on adjacent residential parcels and allow for adequate plowing of snow and street maintenance on 70th Street. B. CRITICAL ISSUES • The Gentle Dental Care clinic is an existing business. Neighbors in the vicinity of the clinic have voiced concerns about inadequate employee parking at the clinic and the consequent overflow parking that is occurring on the adjoining residential street (70th). The clinic owner is seeking to provide additional off-street parking to address these concerns. • The applicant has passed site plan review and has designed the parking lot expansion in conformance with City requirements for landscaping, parking, screening, storm water management, and other matters. • The applicant has also received signatures from over 50 percent of property owners within 350 feet of the proposed rezoning, as required by City Code. The City has sufficient land for both the stormwater pond it is installing along the east side of Penn Avenue between 69th and 70th and for the proposed sale of land to Dr. Johnson to accommodate his business's need for additional off-street parking. C. FINANCIAL • The City will realize land proceeds from the sale to Dr. Johnson. (Specific information related to this sale will be available when the Council .reviews this matter at its August 13th meeting.) D. LEGAL • The proposed rezoning is in compliance with the Comprehensive Plan. • The Planning Commission reviewed and recommended approval, after holding a public hearing with proper public and legal notification. IV. ALTERNATIVE RECOMMENDATION(S). • Deny the ordinance amendment at first reading. V. ATTACHMENTS • Ordinance Amendment • Site Plan for expanded parking lot at 6933-6945 Penn Avenue VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dr. Don Johnson, applicant • • BILL NO. AMENDMENT TO APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Appendix 1 which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 2, Paragraph (14) is amended to read as follows: (14) M-8 (NE corner, 70th and Penn) Lots 13, 14 and the southerly 14 feet of lot 15, Block 10, Tingdale Brothers Lincoln Hills Second Addition, and Lot 10, Block 10, Woodlake Highlands Addition. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • D.Johnson, DDS, Richfield, MN May 25, 2001 0 s0 80ft ®a Hoisington Koegler Group, Inc 6945 PARKING EXPANSION - CONCEPT E ^ ~ ^ _~` • AGENDA SECTION: Consent AGENDA ITEM # 4 C REPORT # ]. ] 1 STAFF REPORT CITY COUNCIL MEETING • • ,; JULY 23, 2001 BETSY CxRISTENSEN, ADMINISTRATIVE REPORT PREPARED BY: SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY n NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ \~~ J SIGNATURE REVIEWED BY CITY MANAGER: ~ _,~. ~ ~ ~ ,~~, ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for the renewal of a lawful gambling license, with a request of a fee waiver, and the adoption of the attached resolution, for the Church of the Assumption, 305 East 78th Street. I. RECOMMENDED ACTION: By Motion: Approve the renewal of a lawful gambling license, with fee waived, and the adoption of the attached resolution allowing bingo and pulltab operations, for the Church of the Assumption, 305 East 78th Street. IL BACKGROUND On June 13, 2001, the Church of the Assumption submitted an application for the renewal of their lawful gambling license. The application requests renewal for their bingo and pulltab operations. The applicant is proposing to conduct bingo on Saturday evenings from 7 p.m. to 10 p.m. The pulltabs would be conducted in conjunction with the bingo operation. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In 0723AssumptionGamblingLicense addition, .the gambling manager, Ms. Wendy Uhrich, has no known criminal record.. The applicant is requesting that the $100.00 investigation fee be waived. III. .BASIS OF_RECOMMENDATION A. POLICY Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. The applicant has complied with the State statutes and City code pertaining to lawful gambling. The applicant has submitted the request within 60 days of the renewal of the license. B. CRITICAL ISSUES • None C. FINANCIAL None D. LEGAL None IV. ALTERNATNE RECOIVIMENDATION(S~ .Deny and pass a resolution specifically disapproving the renewal request of a lawful gambling license for the Church of the Assumption; however, staff has determined that there is no basis for this alternative. In addition, the Council has previously granted this request and passed a resolution allowing this activity at the Church of the Assumption. V. ATTACHMENTS Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ms. Wendy Uhrich, Gambling Manager • RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR . THE CHURCH OF THE ASSUMPTION TO CONDUCT LAWFUL GAMBLING WHEREAS, the Church of the Assumption has submitted an application for renewal of their lawful gambling license; and WHEREAS, the application requests renewal for their bingo and pulltab operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City code provides regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Church of the Assumption, 305 East 77th Street. 2. The investigation fee be waived. Passed by the City Council of the City of Richfield, Minnesota this 9th day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • AGENDA SECTION: Consent AGENDA ITEM # 4B REPORT # 17 0 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2001 REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DAWN M. WEITZEL, HUMAN RESOURCES MANAGER STEVEN L. DEVICH, ADMINISTRATIVE SER ~~ R ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolution designating an increase in the City's contribution toward health insurance remiums for General Services and Mana ement em to ees. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution designating an increase in the City's contribution toward health insurance premiums for General Services and Management emJ II. BACKGROUND Each year the City sets a level of financial contribution for each employee group to provide for a portion of the cost of health insurance premiums. The City pays the full individual employee monthly premium for those employees choosing single coverage. For those employees choosing a dependent coverage option, the City currently contributes up to $455 per month. Insurance premiums for single coverage went up 22% for 2001. Dependent coverage for 2001 includes three options, which increased approximately 12-14% over the 2000 premium rates. 0723insurance • The 2000 .and .2001. monthly premium costs of the health plans are: 2000 Medica 2001 Medica .2000 Medica Low 2001 Medica Hi h O tion Hi h O tion O tion Low O tion Employee Onl $225.53 $274.84 $206:36 256.09 Employee Plus S ouse $524.00 $586.98 $479.46 $546.93 Employee Plus Child ren $495.00 $554.50 $452.93 $516.66 Famil $646.96 $724.72 $591.97 $675.28 2000 Medica 2001 Medica Elect Elect Employee Onl $202.23 $251.05 Employee Plus S ouse $469.87 $536.18 Employee Plus Child ren $443.87 $506.50 Famil $580.13 $661.99 In order to hire and retain people in today's job market, the City needs to take. steps to remain competitive. The City's benefits package and compensation plan are two areas which may need some adjustments in comparison to other Stanton V communities. Moreover, a recent contract settlement with the Police Officers union included an increased City contribution of $40 per month, to $475 per month, for dependent coverage. This increase was necessary to keep the City's position competitive. with other police units within the metro area. Groups of employees who are not represented by a collective bargaining unit and have the highest representation of female employees, such as the General Services and Management groups, received a $20 increase in dependent contribution, up to $455 per month, for 2001. Historically, the City has treated all groups of employees the same with respect to health insurance contributions. Based upon the survey of metro cities insurance contributions and the contract settlement with the Police Officers, it is recommended that the City Council approve a 2001 mid-year increase to its dependent coverage from $455 per month to $475 per month for General Services and Management employees. III. BASIS OF RECOMMENDATION A. POLICY The City is a LOGIS board member and has participated in the process of receiving the best possible health insurance rates. Even so, the City has experienced double digit rate increases for its employees. The City continues to provide adequate insurance protection for the Management and General Services employee groups, which are • comparable to other City employee groups, as well as employees performing similar jobs in comparable communities. Historically, the same insurance contribution levels have been offered to Union and non-Union employees. By providing identical coverages, greater benefit equality is achieved between female classes found in General Services and Management groups and male classes found in the contracted labor units. B. CRITICAL ISSUES • In order to remain competitive in today's job market, the City needs to make adjustments to its benefits package. • In setting the 2001 contribution levels for General Services and Management employees in mid 2000, rate increases as large as those experienced were not anticipated. C. FINANCIAL • 119 full-time and 3 part-time employees would receive an increase in City contribution level to health insurance. This would cost the City approximately $2,410 a month. • This amount would be absorbed in the 2001 Revised Budget out of existing revenues. D. LEGAL In order to provide the requested health insurance contribution changes, the City Council must approve the resolution designating City's contribution toward health insurance premiums for General Services and Management employees. IV. ALTERNATIVE RECONIMENDATION(S~ • The Council may take no action to increase the insurance premiums beyond the current 2001 funding level. • Defer discussion to another date. V. ATTACHMENTS • Resolution The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost • Stanton 5, Health Insurance Contribution 2001 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • RESOLUTION NO. RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH ,TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL- SERVICES EMPLOYEES WHEREAS, the hospital-medical/surgical .group health insurance plan is available from the LOGIS Health Insurance Program for City employees and their families; and WHEREAS, a term life and accidental death and dismemberment insurance plan is available from the Local Government Information Systems Association (LOGIS) for City employees; and WHEREAS, aself-funded group dental insurance plan is available to City Management and General Services employees and their families; and WHEREAS, a group short-term and long-term disability program is available to City Management and General Services employees; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverages. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $475 per month for family health insurance, and in any event, said contributions shall not . exceed the cost of single coverage for employees selecting that option. The City shall give to full-time employees not participating in the City's health plan, a sum of $50 per month which will be taxed as regular income. The City shall also pay the $25 monthly premium for the employee dental insurance plan, and the $4.88 monthly premium for the term life and accidental death and dismemberment insurance plan for Management and General Services employees, for a total possible maximum 2001 insurance premium contribution of $504.88 per month. Such contributions shall be for coverage effective August 1, 2001. BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term disability insurance for the fulltime Management and General Services employees' coverage. BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution toward insurance premiums for all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective organized employee groups. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Attachment 1 • The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF COST PREMIUM 1992 MEDICA $399.00 $255.00 MCHP $389.35 $255.00 66% GHI $356.76 $255.00 1993 MEDICA $430.92 $285.00 MCHP $437.25 $285.00 68% GHI $397.48 $285.00 1994 MEDICA $449.05 $315.00 MCHP $478.35 $315.00 69.5% GHI $431.44 $315.00 1995 MEDICA $449.05 $335.00 MCHP $478.35 $335.00 72% GHI. $465.86 $335.00 1996 MEDICA $449.03 $345.00 MCHP $464.63 $345.00 76% GHI $443.32 $345.00 1997 MEDICA $490.85 $365.00 MCHP $451.86 $365.00 81 GHI $417.43 $365.00 1998 MEDICA $544.00 $395.00 MCHP $484.67 $395.00 79% GHI $466.74 $395.00 1999 MEDICA High Option $524.92 $415.00 79% Low Option $480.31 $415.00 86% 2000 MEDICA High Option * Employee + Spouse $524 $435 83% * Employee + Children $495 $435 88% * Family $646.96 $435 67% Elect Option * Employee + Spouse $469.87 $435 93% * Employee + Children $443.87 $435 98% * Family $580.13 $435 87% • 2001 • Low Option * Employee + Spouse $479.46 $435 91 * Employee + Children $452.93 $435 96% * Family $591.97 $435 73% MEDICA High Option * Employee + Spouse $586.98 $455 78% * Employee + Children $554.50 $455 82% * Family $724.72 $455 63% Elect Option * Employee + Spouse $536.18 $455 85% * Employee + Children $506.50 $455 90% * Family $661.99 $455 69% Low Option * Employee + Spouse $546.93 $455 83% * Employee + Children $516.66 $455 88% * Family $675.28 $455 67% 2001 Increase MEDICA High Option * Employee + Spouse $586.98 $475 81 * Employee + Children $554.50 $475 86% * Family $724.72 $475 66% Elect Option * Employee + Spouse $536.18 $475 89% * Employee + Children $506.50 $475 94% * Family $661.99 $475 72% Low Option * Employee + Spouse $546.93 $475 87% * Employee + Children $516.66 $475 92% * Family $675.28 $475 70% • HEALTH INSURANCE CONTRIBUTION 2001 LJ STANTON 5 Bloomington 595 Lakeville 555 Oakdale 524 Woodbury 508 Plymouth (averaged) 502 Maplewood 500 St. Louis Park (averaged) 490 Apple Valley 490 Fridley 488 Inver Grove Heights 485 Richfield Currently 455 -Increase 475 Brooklyn Center 450 White Bear Lake 450 Coon Rapids 445 Edina 440 Blaine 440 Cottage Grove 440 Eden :Prairie 435 Shoreview 435 Brooklyn Park 430 Minnetonka 430 Roseville 417 Maple Grove 410 Eagan 376 Burnsville 370 • AGENDA SECTION: Consent AGENDA ITEM # 4A REPORT # 16 9 J STAFF REPORT CITY COUNCIL MEETING • JULY 23, 2001 REPORT PREPARED BY: JOHN OLINGER, COMMUNITY DEVELOPMENT SPECIALIST NAME TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAntE, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the Housing and Redevelopment Authority's application for an Opportunity Grant through the Livable Communities Demonstration Program. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the application for an Opportunity Grant through the Livable Communities Demonstration Program. III. BACKGROUND ~ The City of Richfield's Housing and Redevelopment Authority (HRA) is making application fora $75,000 grant to fund the feasibility study of a pedestrian skyway in the Lyndale Avenue and 66th Street quadrant. • The grant is offered by the Livable Communities Demonstration Account (LCDA) of the Livable Communities Fund. This is an Opportunity Grant to fund local initiatives to develop project-specific and site-specific plans according to smart growth principles. The grant can be used to help pay for costs of shaping development plans and project implementation tools. 0723LCDAgrant • III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield's staff seeks opportunities for grant moneys to support local initiatives. B. CRITICAL ISSUES • The Comprehensive Plan envisions skyway connections in the area. C. FINANCIAL • There is a requirement for matching funds that will be drawn from HRA sources. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • To not approve the City's application for the LCDA grant. V. ATTACHMENTS ' • Resolution authorizing application for an Opportunity Grant through the Livable Communities Demonstration Program VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Richfield is a participant in the Livable Communities Act's Housing Incentives Program for 2001 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 certified that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHERAS, the City Council of Richfield, Minnesota agrees to act as legal sponsor for the project contained in the opportunity grant application submitted on August 1, 2001. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota 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 23rd day of July, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk •