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~
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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
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• 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~
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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
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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
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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
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A-4
• EXHIBIT A
Legal Description
•
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DJK-196172v1
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A-A-1
• EXHIBIT B
Improvement Project
•
•
DlK-196172vi
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A-B-1
anuan
`•.
~ t
11 1 4 l
11 ~~~~ (O
__ ys C t
i 11 ' i .. i 1 '
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• 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.
By By
Its _ Its
Date Date
Page 2 of 2
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•
AGENDA SECTION: Admin. 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. Your Trusted Resource • Equal Opportunity Employer
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.AGENDA SECTION:
AGENDA ITEM #
REPORT #
Admin. .Reports
184
STAFF REPORT
CITY COUNCIL MEETING
JULY 23, 2001
•
REPORT PREPARED BY: BRUCE NORDQUIST,
HOUSING AND REDEVELOPMENT MANAGER
NAME, TITLE
REPORT PRESENTER: BRUCE PALMBORG,
COMMUNITY DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW: ~~/~
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Discussion of parking, building improvements and land uses at Gramercy Park.
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
•
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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
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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
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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,
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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
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PHONE: 933-0005
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Second Party(s):
Other interested
participated`,in the mediation session which took place at:
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MEDIATION AGREEMENT ~ 5 ~(~
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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
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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. Kirsch, Mayor
•
ATTEST:
Nancy Gibbs, City Clerk
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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
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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
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1..V
CITY OF RICHFIELD
Public Hearing Notice
REGARDING:
Notice of hearing on proposed assessment for certain services of the City within the
77th Street Project Area from January 1, 2000 -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.
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
•