Loading...
06-25-01 Agenda• CITY OF RICHFIELD, MINNESOTA _., ., ~:MONDAY,.~I,UNE..25, 2001 - RICHFIELD CITY HALL 6700 PORTLAND AVENUE REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODU.CTORY,PROCEEDINGS - _ - .- Call to order Pledge of Allegiance Roll call Approval of minutes of (1) Special City Council Meeting of June 11, 2001; (2) Regular City Council Meeting of June 11, 2001; (3) Special City Council Meeting of June 14, 2001; (4) Special City Council Meeting of June 16, 2001; and (5) Special City Council Meeting of June 19, 2001 PRESENTATIONS • 1. Presentation of proclamation designating July 1, 2001 Women of Today Founder's Day 2. Council discussion items Notes: 3. 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: _ _ .. ,AGEAI:DA.:APPRO_V.AL • 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request hat an item be.removed from #he~Consent:~alenda~:arid--pla~edhora~#ha~reca~ .> agenda for Council discussion.and-action. All-items listed-on the_Consent Calendar are recommended for approval A. Consideration of approval. of resolution authorizing donation of used City computer equipment to Richfield Independent School District #280 S.R. No. 146 B. Consideration of approval of bid minutes/tabulation and award of contract to Bituminous .Roadways, Inc. for parking lot improvements at Donaldson Park, Community Center, Water Plant and Cedar/Jensen in amount of $243,168.55 S.R. No. 147 C. Consideration of approval of just compensation for 6344-18th Avenue in amount of $158, 000 S.R. No. 148 • D. Consideration of approval of first reading of ordinance amending and modifying Section 805 of Richfield City Code relating to benches, booths and shelters S.R. No. 149 E. Consideration of approval of first reading of ordinance approving capital project over $500,000 for installation of 800 MHz Public Safety radio system S. R. No. 150 Notes: PUBLIC HEARINGS 6. Public hearing and second reading of ordinance repealing cable television ordinance for WideOpenWest, LLC Staff Report No. 151 Notes: 7. Public hearing and second reading of amendment to City Code Section 416 regarding sign regulations in high density residential areas ,. _ .. _ .....,Staff.,Report.No..1.52 Notes: 8. Public hearing and second reading of amendment to City Code Section 41.6 regarding sign regulations at outdoor sports arenas and complexes Staff Report No. 153 Notes: RESOLUTIONS 9. Consideration of resolution approving and ratifying financial transactions related to certain tax increment financing districts; and resolution ratifying and approving repayment schedule for interfund loans related to Richfield Rediscovered Program Staff Report No. 154 i Notes: 10. Consideration of resolution approving 2001-2002 labor contract with Law Enforcement Labor Services, Inc., Local #123 Staff Report No. 155 Notes: 11. Consideration of resolution authorizing use of City property for highway improvements .for Trunk Highway 77 and authorize preparation of transitory ordinance conveying land to MnDOT for highway purposes Staff Report No. 156 • Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS 12. Consideration of payments for purchasing right of way needed for Penn Avenue Bridge ,._ _ ~..:.,#~roject.,and-76th.Street.alVidening~.r-oject.for~dep.osit~.with,HErlr~epin.Co.unty_Dastrict . Court. as ..part. of condemnation proceedings Staff Report No. 157 Notes: RESOLUTIONS 13. Consideration of resolution- -authorizing use of City.property for highway-improvements for I-494 at Penn Avenue Staff Report No. 158 Notes: 14. Consideration of resolution granting subdivision waiver to allow split of certain tax parcels within Best Buy project area Staff Report No. 159 Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS 15. Consideration of limited use agreement to allow Best Buy to make use of streets in project area prior to date that street vacation effective Staff Report No. 160 Notes: AIRPORT BUSINESS 16.Airport status report • Notes: COUNCIL CHOICE _ 1.7...Claims .and,.payrolls 18.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. • • • Admin. Reports AGENDA SECTION: & Other Business AGENDA ITEM # I S REPORT # j ( ~ STAFF REPORT CITY COUNCIL MEETING • • JUNE 25, 2001 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM OLSON, PROJECT ENGINEER MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration to grant and accept a Limited Use Agreement to allow Best Buy to make use of the streets in the project area prior to the date that the street vacation is effective. I. RECOMMENDED ACTION: By Motion: Approve to grant and accept the attached Limited Use Agreement with the Best Buy Company III. BACKGROUND ~ Best Buy has acquired all real properties within its Project Area and has begun demolition of the buildings within the site. To help secure the area, Best Buy has placed chain-linked fencing around all of the acquired properties. The City. streets remain open at this time and are available for public travel. As a result of the streets being open, security and safety issues have arisen. Council directed City staff at a prior. Council meeting to address the security and safety issues surrounding the redevelopment of the Interchange West area. The street vacation for the Interchange West area will not be final until July 13, 2001. Best Buy proposes as a safety measure to close the streets to pedestrians and public traffic prior to the street vacation date. 0625LimitedUse NAME, Tirc,c Best-Buy has indicated they wish to enclose their entire project site including the streets with chain link fence. Reflectorized barricades will be placed in addition to the fencing at the street entrances. Allowing complete closure of the Project Area will help maintain the security of the area while the demolition of the buildings is occurring, utilities within the streets are being removed and the trees in the Project Area are being removed. To allow the closure of a City street for use other than roadway purposes, the City must grant and accept a Limited Use Agreement. The attached Limited Use Agreement will. allow the closure of 77th Street, Oliver Avenue, Newton Avenue, Morgan Avenue and Logan Avenue. The 78th Street frontage road and Knox Avenue are not included in this agreement and will remain open to public travel. III. BASIS OF RECOMMENDATION A. POLICY • As part of the Best Buy developer's agreement, the City agreed to vacate the street right of way within the Best Buy Project area. Advancing the closure of the streets through a Limited Use Agreement would provide improved public safety to pedestrians and traffic. B. CRITICAL ISSUES • Closure of the streets within the Best Buy area prior to the City vacating the street right of way is necessary for public safety reasons. C. FINANCIAL • No cost will be incurred by the City for the closing of the streets. D. LEGAL • The City's Attorney has prepared the attached Limited Use Agreement allowing the closure of the streets within the project areas prior to the street vacation date. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the Limited Use Agreement and wait until the street vacation is final on July 13, 2001. This would allow the streets to remain open and may increase the likelihood of pedestrian and traffic safety incidents to occur V. ATTACHMENTS • Limited Use Agreement with the Best Buy Company VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated at this time. • GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT THIS LIMITED USE AGREEMENT (the "Agreement") is made as of , 2001, by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the "City"), and BEST BUY CO., INC. ("Best Buy"). RECITALS A. Best Buy is the owner of the real properties located within an area bounded by the west line of Knox Avenue, the south line of 76th Street, the east line of Penn Avenue, and the north line of 78~' Street, excluding public streets, all within the City of Richfield, Hennepin County, Minnesota. (the "Prof ect Area"). B. Best Buy desires to close to public traffic the following streets located within the Project Area for the purpose of maintaining the security of the Project Area and surrounding neighborhood and for the purpose of protecting the safety of pedestrians and traffic that otherwise might travel said streets: 77th Street, Oliver Avenue, Newton Avenue, Morgan Avenue, Logan Avenue ("Project Area Streets"). AGREEMENT • 1. Offer and Acceptance of Agreement In consideration of the mutual agreements made herein, the City and Best Buy agree that Best Buy, its contractors or agents, may install construction fencing within the Project Area Streets for the purpose of closing said streets to public travel. The type of fence, locations, and timing for installation are subject to approval of the City's director of public works and the director of public safety. 2. Indemnification Best Buy shall at all times indemnify and hold harmless the City from any and all claims for damages, including costs and attorney fees, arising from or by reason of Best Buy's use of the Proj ect Area Streets. 3. No Waiver. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 4. Termination This Agreement terminates upon the effective date of Transitory Ordinance No. 18.00. 5. Miscellaneous Provisions. a. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; • CAH-199173v2 1 RC 145-406 • .Best Buv Best Buy Co., Inc. Attn: Della Kolpin 7075 Flying Cloud Drive Eden Prairie, MN 55344 C~ City of Richfield Attn: Mike Eastling, Public Works Director 6700 Portland Avenue So. Richfield, MN 55423 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. b. This Agreement constitutes the entire agreement between Best Buy and the City with regard to the use of the Project Area Streets and supersedes any other written or oral agreements between the parties with regard to the use of the Project Area Streets. This Agreement can be modified only in a writing signed by the parties. IN WITNESS WHEREOF, the parties have executed this limited use agreement this day of • ,2001. CITY OF RICHFIELD By Its Mayor • By __ Its City Manager BEST BUY CO., INC. By: Its CAH-199173v2 2 RC145-406 • 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, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ss.. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of • 2001 by the of Best Buy Co., Inc., a Minnesota corporation, on behalf of said corporation. Notary Public • CAH-199173v2 3 RG 145-406 AGENDA SECTION: Resolution AGENDA ITEM # 14 REPORT # 15 9 J STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: NAME, TITLE • • REPORT PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JULIE URBAN, COMMUNITY DEVELOPMENT SPECIALIST BRUCE NORDQUIST, .ACTING COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving a subdivision waiver to allow the split of certain tax arcels located within the Best Bu ro~ect area. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing a subdivision waiver to allow the split of certain tax parcels located within the Best Buy project area, and authorize staff to make technical changes to the resolution and exhibits as may be required by the Hennepin County Recorder or Registrar of Titles to accomplish the lot division. II. BACKGROUND .The reconstruction of the Penn Avenue Bridge is scheduled to be completed by November 2002. Several steps relating to funding and control over rights-of-way must be taken in order to keep the bridge construction on schedule. The Metropolitan Council's Right of way Loan Fund (KALE) has been identified as a source of funding for the bridge. In order to use these funds, land within the 0625subdwaiver i Best Buy project area (identified as Parcels A, B and C in the subdivision resolution) must be set aside for the future widening of I-494. Best Buy currently owns this property and must transfer ownership to the City so the City can access the RALF funds. The land needs to be divided into separate parcels to allow the transfer to occur. The City Council approved a preliminary plat on December 11, 2000 that designates the land set aside for the I-494 widening as outlots. A final plat creating the outlots is not, however, expected until later this summer, and the City must have control of the land by June 28, 2001 in order to obtain RALF funds and continue with the bridge ,project. Approval of a subdivision waiver will create Parcels A, B and C and enable the City to take control of the property. III. BASIS OF RECOMMENDATION A. POLICY • It is City policy to require a replat in redevelopment areas, and platting is a requirement of the approved final development plan for the Best Buy project. When road improvements are involved, the City generally does not review and approve a final plat until the final rights-of-way lines are established; therefore the Council will not review the Best Buy final plat until later this summer. • A subdivision waiver is needed now to create Parcels A, B and C, which will allow Best Buy to transfer the Parcels to the City. Control of these Parcels by the City will release the RALF funds for the Penn Avenue Bridge. B. CRITICAL ISSUES • The City must have control of the parcels by June 28, 2001. This date has been set to keep the Penn Avenue Bridge project on schedule. • The final platting process will not be complete in time to meet the road improvement schedule. The subdivision waiver provides a means for the City to obtain control over the necessary land until the platting process is complete in late July 2001. • The RALF funds are necessary at this time in order to proceed in a timely manner with the Penn Avenue Bridge project. The development agreement with Best Buy requires the City to provide a reconstructed Penn Avenue Bridge by November, 2002. • The Hennepin County Recorder or Registrar of Titles office has not completed its review of the proposed legal descriptions. They occasionally ask for revisions to legal descriptions. The proposed • motion would authorize staff to make any technical changes that the Hennepin County Recorder or Registrar of Titles office might request. C. FINANCIAL • The City will use $7.0 million in RALF funds to purchase the three parcels from Best Buy. The RALF Program provides cities with interest-free loans to acquire property that is needed for future highway right-of-way. The loan will be repaid by the Minnesota Department of Transportation at a time in the future when the land is needed for reconstruction of I-494. D. LEGAL • The City's subdivision ordinance requires City Council approval of a lot division. A public hearing is not required. • The City Attorney has recommended the subdivision waiver process as a means to transfer the property necessary to obtain the RALF funds. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the subdivision waiver; however, such action would jeopardize the funding and schedule for the Penn Avenue Bridge. V. ATTACHMENTS • Resolution authorizing the subdivision waiver with legal description, • Exhibit A and B • Attachment A: site plan showing proposed outlots VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Corrine Thomson, City Attorney, and Mike Eastling, Public Works Director, will be available to answer questions about. the subdivision waiver and bridge schedules and funding. • • RESOLUTION NO. A RESOLUTION GRANTING A SUBDIVISION WAIVER TO BEST BUY CO., INC.; AUTHORIZING THE SPLIT OF TAX PARCELS 33-028-24-33-0007, 33-028-24-33-0011, 33-028- 24-33-0013, 33-028-24-33-0014, 33-028-24-33-0065, 33-028- 24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028- 24-33-0069, 33-028-24-33-0070, 33-028-24-33-0093, and 33- 028-24-34-0013 WHEREAS, Best Buy Co., Inc. ("Best Buy") is the fee owner of certain real estate located in Hennepin County, Minnesota, having tax identification numbers 33-028-24-33- 0007, 33-028-24-33-0011, 33-028-24-33-0013, 33-028-24-33-0014, 33-028-24-33-0065, 33-028-24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028-24-33-0069, 33-028- 24-33-0070, 33-028-24-33-0093, and 33-028-24-34-0013 -and as legally described on the attached Exhibit A (the "Properties); and z WHEREAS, Best Buy desires to convey three separate portions of the Properties to the City of Richfield, to be retained by the City as future right of way for Interstate 494, which are identified as Parcel A, Parcel B and Parcel C and which are legally described on the attached Exhibit B; and • WHEREAS, upon the conveyance of Parcels A, B and C to the City by Best Buy, the City will be eligible to receive funds from the Right of Way Acquisition Loan Fund ("RACE"), which funds would be used to pay Best Buy for said parcels; and WHEREAS, pursuant to the Second Amendment to Contract for Private Redevelopment between Best Buy and the Housing and Redevelopment Authority in and for the City of Richfield, Best Buy has agreed to contribute the RALF proceeds to the City for use in funding the Penn Avenue Bridge reconstruction project; and WHEREAS, in summary, the conveyance of Parcels A, B and C to the City is an initial and necessary step in obtaining needed funding for the Penn Avenue Bridge project; and WHEREAS, the proposed conveyances of Parcels A, B and C by Best Buy to the City would constitute a subdivision of land under the City's subdivision regulations and would also constitute a split of existing tax parcels; and WHEREAS, there is inadequate time to subdivide the Property by plat prior to the conveyance and construction deadlines necessary for the Penn Avenue Bridge reconstruction project; and WHEREAS, Best Buy has undertaken platting of a larger tract of land that includes the Properties and Parcels A, B and C and has obtained preliminary approval of that plat. CAH199135v3 RC145-408 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD: 1. The City Council finds that requiring compliance with the City's subdivision regulations prior to conveyance of Parcels A, B and C would create an unnecessary hardship, within the meaning of .Minnesota Statutes, Section 462.358, subdivision 4b. 2. The City Council further finds that, because Best Buy has undertaken to plat the Properties after the conveyance, the subdivision waiver approved hereby does not interfere with the purpose of the City's subdivision regulations. 3. Pursuant to Minnesota Statutes, section 462.358, subdivision 4b and section 272.162, subdivision 2, the City Council waives compliance with its .subdivision regulations for the conveyance of Parcels A, B and C described on the attached Exhibit B. 4. The County Recorder and Registrar of Titles, as applicable, are directed to accept for filing the deed or deeds conveying title to the Parcels ,described on the attached Exhibit B. • Passed by the City Council of the City of Richfield this 25th day of June 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk C7 CAH199135v3 RC145-408 • EXHIBIT A (Legal Description of Existing Tax Parcels) 33-028-24-33-0011 All of Tract C and the West 30 feet of Tracts A, B and D as measured along the North and South lines thereof, Registered Land Survey No. 800, Hennepin County, Minnesota. And The West 141.38 feet of the East 235.63 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South. of the North 200 feet thereof and North of the North right-of--way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. And • The East 94.25 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right- of-way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. And That part of the following described property lying West of the East 235.63 feet thereof as measured at right angles to the East line thereof: that part of the following .described tract of land lying .South of the North 200 feet thereof and North of the North right-of--way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest. corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from Southwest corner of said Section 33; thence West 328 feet to the point of beginning. CAH199135v3 RC145-408 A-1 • • 33-028-24-33-0013 ' The South one half of the following described tract of land: That part of the Southwest Quarter of the Southwest. Quarter (SW 1/4. of SW 1/4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and also excepting all other public streets and highways; except all that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the Northeasterly right of way line of Trunk Highway No. 494; thence Northwesterly along the North right of way line of Trunk highway No. 494 a distance of 173.89 feet, more or less, to the. point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies Northerly, Northeasterly and Easterly of the following described Line A: From a point on the west line of said Section 33, distant 535.26 feet north of the southwest corner thereof; thence run easterly at an angle of 88 degrees 30 minutes with said west section line (measured from north to east) for 33.01 feet to the point of beginning of the line to be described; thence continue easterly on the last above described course for 117.43 feet; thence deflect to the right on a curve having a radius of 62 feet (delta angle 91 degrees 30 minutes) for 99.01 feet; thence on tangent to said curve for 210 feet and there terminating and which lies Northeasterly of the following described Line B: Beginning at a point on a line run parallel with and 33 feet easterly from the west line of said Section 33, distant 31.37 feet northerly of its intersection with the above described • Line A; thence run southeasterly t described Line A distant 31.37 intersection and there terminating. CAH199135v3 RC145-408 o a point on the above feet easterly of said A-2 ..All according to the .United .States Government Survey thereof, and situate in Hennepin County, Minnesota. 33-028-24-33-0014 All that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the west line of said Section and the northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the northeasterly right of way line of Trunk Highway No. 494; thence northwesterly along the North right of way line of Trunk Highway No. 494 a distance of 173.89 feet, more, or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies southerly, southwesterly, and westerly of the following described Line A: Beginning at the southwest corner of said Section 33; thence northerly along the west line of said Section 33 a • distance of 501.24 feet, to the point of beginning of the line to be described; thence easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence southeasterly along the tangential curve, concave to the southwest, radius 53 feet, delta angle 91 degrees, 30 minutes, a distance of 84.64 feet; thence southerly along the tangent of said curve a distance of 180 feet, more or less, to the northeasterly right of way line of said Trunk Highway No. 494 as defined by Document No. 3419310 and there terminating; and which lies southeasterly of the following described line B: Beginning at a point on a line drawn parallel with and 33 feet easterly from the west line of said Section 33 distant 30 feet southerly from the point of intersection of said parallel line with Line A; thence northeasterly to a point on Line A distant 30 feet easterly from the point of intersection of said parallel line and Line A. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. And CAH199135v3 RC145-408 A-3 That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning at the point of intersection of Line 1 described below with a line run parallel with and distant 60 feet east of the west line of said Section 33; thence run south on said 60 foot parallel line for 80 feet; thence run southeasterly to the point of intersection of a line run parallel with and distant 180 feet northerly of Line 2 described below, with Line 3 described below; thence run northerly on said Line 3 to its intersection with said Line 1; thence run northwesterly on said Line 1 to the point of beginning. Line 1: Beginning at a point on a line run parallel with and distant 656 feet east of the west line of said Section 33, distant 120 feet north of the south line of said Section 33; thence run northwesterly to a point on the west line of said Section 33, distant 355 feet north of the southwest corner thereof and terminating. Line 2: From a point on the southwest corner of said Section 33, run easterly at an angle of 89 degrees 46 minutes 00 seconds from the west line of said Section 33 (measured from north to east) for 1359.14 feet to the point of beginning of Line 2 to be described; thence run westerly on the last described course for 89.23 feet;. thence deflect to the right on a 00 degree 30 minute 00 second curve (delta angle 04 degrees 39 minutes 00 seconds) for 930 feet; thence on tangent to said curve for 77.19 feet; thence deflect to the left on a 01 degree 00 minute 00 second curve (delta angle 07 degrees 31 minutes 48 seconds) for 753 feet and there terminating. Line 3: Beginning at a point on the west line of said Section 33, distant 501.24 feet north of the southwest corner thereof; thence run easterly at an angle of 91 degrees 30 minutes 00 seconds from said west section line (measured from south to east) for 125.65 feet; thence deflect to the right on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes 00 seconds) for 84.64 feet; thence on tangent to said curve to an intersection with Line 1 described above; thence run southerly to a point distant 165 feet northerly (measured at right angles) to a point on Line 2 described above distant 656.32 feet easterly of its point of termination and there terminating. 33-028-24-33-0007 That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West of the 4t" Principal Meridian described as follows: Commencing at a point 820 feet East of the Southwest corner of said Section 33; thence North a distance of 656.28 feet; thence East a distance of 163 feet; thence South a distance of 656.28 feet; CAH199135v3 RC1451108 A-4 thence West a distance of 164 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 33-028-24-33-0065 Tract A, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0066 Tract B, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0067 Tract D, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0068 Tract E, Registered Land Survey No. 800. 33-028-24-33-0069 Tract F, Registered Land Survey No. 800. 33-028-24-33-0070 • Tract G, Registered Land Survey No. 800. 33-028-24-33-0093 Tracts H, I, and J, Registered Land Survey No. 800, Hennepin County, Minnesota and that part of Tract K, Registered Land Survey No. 800 lying west of a line running from a point in the south line of Tract K distant 0.47 feet west from the southeast corner thereof to a point in the north line of said Tract K distant 0.54 feet west from the northeast corner thereof. 33-028-24-34-0013 Tract D, Registered Land Survey No. 618, Hennepin County, Minnesota And Tract B, Registered Land Survey No. 1037, Hennepin County, Minnesota. And Tract L, Registered Land Survey No. 800 and that part of Tract K, Registered Land Survey No. 800 lying east of a line running from a point in the south line of Tract K distant 0.47 feet west from the southeast corner thereof to a point in the north line of said Tract K distant 0.54 feet west from the northeast corner thereof. And CAH199135v3 RC 145-408 A-5 The South 1 /2 of the West 5 acres of the Southeast 1 /4 of the Southwest 1 /4 of Section 33, Township 28 North, Range 24, West of the 4th Principal Meridian, EXCEPT the North 120 feet thereof. And That part of the Southwest Quarter of Section 33, Township 28 North of Range 24, West of the Fourth Principal Meridian, described as follows: Beginning at the Southeast corner of the West 5 acres of the Southeast Quarter of the Southwest Quarter of said Section 33; thence North along the East line of said West 5 acres, a distance of 656.1 feet more or less, to the North line of the South half of said Southeast Quarter of the Southwest Quarter; thence East along said North .line 79.5 feet; thence South parallel with the West line of the said Southeast Quarter of the Southwest Quarter to the South line of said Section 33; thence West along said South line 79.5 feet to the point of beginning. • • CAH199135v3 RC 145-408 A-6 EXHIBIT B (Legal Description of Parcels A, B and C) Parcel A (consisting of parts of tax parcel nos. 33-028-24-33-0011, 33-028-24-33-0013, and 33-028-24-33-0014) All. those parts of the following described properties: All of Tract C and the West 30 feet of Tracts A, B, and D, as measured along the North and South lines thereof, Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And The West 141.38 feet of the East 235.63 feet, as measured at right angles to the East line thereof, of that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of--way line of Interstate Highway No. 494. That part of the Southwest'/ of the Southwest'/4 if Section 33, Township 28, Range. 24, Hennepin County, Minnesota described as follows: Commencing on .the South line of said Southwest ~/4 of the Southwest'/4 at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the .Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning; And The East 94.25 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of--way line of Interstate Highway No .494. That part of the Southwest '/4 of the Southwest '/4 of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest '/ of the Southwest '/4 at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning; .And That part of the following described property line West of the East 235.63 feet thereof as measured at right angles to the East line thereof: that part of the following described tract of land. lying south of the North 200 feet thereof and north of the North right-of--way line of Interstate Highway No. 494. That part of the CAH199135v3 RC145-408 B-1 Southwest '/ of the Southwest '/4 of Section33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing on the South line of said Southwest '/4 of the Southwest '/4 at a point 328 feet East from the Southwest corner of said Section: thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence southerly to a point in the South line of said Section 33, distant 656 feet East from Southwest corner of said Section 33; thence West 328 feet to the point of beginning; And The South one half of the following. described tract of land: That part of the Southwest Quarter of the Southwest Quarter (SW '/ of SW '/4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing of the .Southwest corner of said Section 33; thence running North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to-the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and subject to all other public streets and highways; except all that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter Section 33, Township 28 North, Range 24 West,. -described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right-of--way line of Trunk Highway No. 494 as defined by Document No, 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point of Northeasterly .right-of--way line of Trunk Highway No. 494; thence Northwesterly along the North right-of--way line of Trunk Highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies Southerly, Southwesterly, and Westerly of the following described Line A: Beginning at the Southwest corner of said Section 33; thence Northerly along the West line of said Section 33 a distance of 501.24 fee, to the point of beginning of the line to be described; thence Easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence Southeasterly along the tangential curve, concave to the Southwest, radius 53 feet, delta angle 91 degrees, 20 minutes, a distance of 84.64 feet; thence Southerly along the tangent of said curve a distance of 180 feet, more or less, to the Northeasterly right-of--way line of said Trunk Highway No. 494 as defined in Document No. 3419310; and there terminating; And which lies Southeasterly of the following described Line B: CAH199135v3 RC 145-408 B-2 Beginning at a_point on a line drawn parallel with and 33 feet Easterly from the West line of said Section 33 distant 30 feet Southerly from the point of intersection of said parallel line with Line A; thence Northeasterly to a point on Line A distant 30 feet Easterly from the point of intersection of said parallel line and Line A. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota; And All that part of the Southwest Quarter of the Southwest Quarter (SW'/4 of SW'/4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence running North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and subject to all other public streets and highways; described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right-of--way line of Trunk Highway No. 494 as defined by Document No, 3419310; thence North along the ..parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, #o a • point of Northeasterly right-of--way .line of Trunk Highway No. 494; thence Northwesterly along the North right-of--way line of Trunk Highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota, which lies Southerly, Southwesterly, and Westerly of the following described Line A: Beginning at the Southwest corner of said Section 33; thence Northerly along the West line of said Section 33 a distance of 501.24 feet, to the point of beginning of the line to be described; thence Easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence Southeasterly along the tangential curve, concave to the Southwest, radius 53 feet, delta angle 91 degrees, 20 minutes, a distance of 84.64 feet; thence Southerly along the tangent of said curve a distance of 180 feet, more or less, to the Northeasterly right-of--way line of said Trunk Highway No. 494 as defined in Document No. 3419310; and there terminating; And which lies Southeasterly of the following described Line B: Beginning at a point on a line drawn parallel with and 33 feet Easterly from the West line of said Section 33 distant 30 feet Southerly from the point of intersection of said parallel line with Line A; thence Northeasterly to a .point on Line A distant 30 feet Easterly from the point of intersection of said parallel line and Line A. CAH199135v3 RC145-408 B-3 All according to the United States Government Survey thereof, and situate. in Hennepin County, Minnesota; Which lie southerly of the following described line and its extensions: Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 12 minutes 13 seconds East (Grid Bearing, North American Datum of 1983, 1996 Minnesota High Accuracy Reference Network Adjustment) along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to the actual point of beginning of the line to be described; thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet; thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. Parcel B (consisting of parts of tax parcel nos. 33-028-24-33-0007, 33-028-24-33-0065, 33-028-24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028-24,33-0069, and 33- 028-24-33-0070) • All those parts of the following described properties: Tracts A, B and D, except the West 30 feet of said tracts, as measured along the North and South lines thereof; Tracts E, F and G, Registered Land Survey No. 800, Hennepin County, Minnesota; And That part of the Southwest '/ of the Southwest '/4 of Section 33, Township 28 North, Range 24 West of the 4t" Principal Meridian described as follows: Commencing at a point distant 820 feet East of the Southwest corner of said Section 33; thence North a distance of 656.28 feet; thence East a distance of 163 feet; thence South a distance of 656.28 feet; thence West a distance of 164 feet to point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; Which lie southerly of the following described line and its extensions: Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 12 minutes 13 seconds East (Grid Bearing, North American Datum of 1983, 1996 Minnesota High Accuracy . Reference Network Adjustment) along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to the actual point of beginning of the line to be described; CAH199135v3 RC 145-408 B-4 .thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet;. thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. Parcel C (consisting of parts of tax parcel nos. 33-028-24-33-0093 and 33-028-24-34- 0013) All those parts of the following described properties: The South'/2 of the West 5 acres of the Southeast'/ of the Southwest'/ of Section 33, Township 28, Range 24, except the North 120 feet of the South %2 of the West 5 acres of the Southeast'/4 of the Southwest % of Section 33, Township 28, Range 24, all in the County of Hennepin, State of Minnesota; And Tract B, Registered Land Survey No. 1037, Files of registrar of Titles, County of Hennepin; • And Tract D, Registered Land Survey No. 618, Files of Registrar of Titles, County of .Hennepin; And That part of the Southwest Quarter of Section 33, Township 28, Range 24, West of the Fourth Principal Meridian, described as follows: Beginning at the Southeast corner of the West 5 acres of the Southeast Quarter of the Southwest Quarter of said Section 33; thence North along the East line of said West 5 acres, s distance of 656.1 feet more or less, to the North line of the South %2 of said Southeast Quarter of the Southwest Quarter; thence East along said North line 79.5 feet; thence South parallel with the West line of the said Southeast Quarter of the Southwest Quarter to the South line of said Section 33; thence West along said South line 79.5 feet to the point of beginning, according to the Government Survey thereof; And Tract L except that part of the West 6 feet thereof lying North of the South line of • Tract M extended Easterly; That part of Tract K lying East of a line described as follows: Beginning at a point on the South line of Tract. K, .47 feet West of the CAH199135v3 RC145-408 B-5 Southeast corner thereof; thence running North to a point on the North line of said Tract K, .54 feet West of the Northeast corner thereof and there terminating, all in Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And That part of Tract M lying South of the North 235. feet thereof, as measured along the East and West lines of said Tract M, That part of the West 6 feet of Tract L lying North of the South line of said Tract M extended Easterly, all in Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And Tracts H, I and J, and that part of Tract K lying West of a line described as follows: Beginning at a point on the South line of Tract K, .47 feet West of the Southeast corner thereof; thence running North to a point on the North line of said Tract K, .54 feet West of the Northeast corner thereof and there terminating, Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; Which lie southerly of the following described line and its extensions: • Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 12 minutes 13 seconds East (Grid Bearing, North American Datum of 1983, 1996 Minnesota High Accuracy Reference Network Adjustment) along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to the actual point of beginning of the line to be described; thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet; thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. • CAH199135v3 RC145-408 B-6 :~ v •, 2as.e~ 9 Noo7a'lz•'E : PENN AVENUE SOUTH ••~__ I- ~~ d ~________ .1 ^7 m r ^ ~~~ j ._..re._~....._ I v 1 ~ I ~ g n ~ t ks,., I; ; ~, ~ J I I o ~- 1 -- ~ ~I i i ~ ° ~r fit. / % IV I I I ~R ~ I ~~~~ °; ~ ~~ r~ I /~ ~ -,; D ~ 1- --~- .y ,-_-T - - - _- iy ~~~ ~~~eI ate. ~a~ ~ r ~ ~ y . ~ ~ ~l~o ~ ~ I~ I I ~ r" W ~, _ ~ __ ty ~ ~ ~\ ~ - _ ~ p m a (~ ~ ~ ~- ~ ~ ~ I _ m r O a 4 ~~~r~ \i ~ wl -- I ~ I ~ Zy tl] ~ ' ~'• c --~-- I - - ~ e n~ ~ m ~0 x ~ ~ rn a ~~ I I . ~rer . ~ ~ b a ~ ~' ~ I l I z ,~ ~~ ~ r ~~ ~ m~~ ~$ ~ I I I I I i ~r -~ ~ ~ \ N o--1 -~ rRA~r I ~' ~ I I ~ d +~ a \ I~;oi II I~la I ~ ~ I~ ~,~ I i I I I N _.h.l ~~ l`~ ~, n I I I 1 `_ 1~ ,~ n ---~ - -L _ I _ I~~ i ~ ~ ~ I ~ L~ II ~ ~ I ~~ I Nr y ~ ~ H ~v I ~ H ~ I ~~ ~q~,A ~ `! i u ~ TRACT '~q`";o D 4~ __ a ~ ~ 8 laias~~' ~ _, ~ -19.38 500'00'43"E ~ i TRACT , a`lu ~,...'"""'" ~~E s I- 1 AY AI~iV6E --~SBf1Ay__ ~.w' e~ ~ ~ SURVi^Y NO. 1037 I Ie31F7Y CQM 11UT TMS UOeff AOe 110:3>eef0]e eallaw eES01~110x N ~ eu~ a°ea. wn ~AI~A uuw rnrAt wTa $ BEST BUY TO CITY OF RICHFlELD ~I~ e, ~..w"... our twv~o wo awecvaa v~otx raw, w err 111E 4M6 Of M SGTf ei lele[eoTA oe¢ MAIE McPEM-E9I11 ew STA _ N RALF PARCELS CONVEYANCE EXHIBIT BRW, UIG oowll:loeerw Imnl c oAll~ u/o suenlal GATE ow. IM): lerr. umlee Iq iwle H a AGENDA SECTION: Resolution AGENDA ITEM # 1 ~ REPORT # ~ ~ C7 STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 TOM FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR NAME, TITLE REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the use of City property for highway improvements for I-494 at Penn Avenue South; S. P. No. 2785-328; S.A.P. 27-632-22; City Project No. 401-30- 521. L RECOMMENDED ACTION: By Motion: Approve the. attached resolution authorizing the use of Cit ro ert for hi hwa im rovements for 1-494. II. BACKGROUND The City of Richfield, City of Bloomington and the Minnesota Department of Transportation (MnDOT) entered into a Memorandum of Understanding (MOU) to finance the replacement of the Penn Avenue Bridge over I-494. Council approved the MOU on July 10, 2000. Under the terms of the MOU, the City of Richfield is required to dedicate the necessary right of way needed for the construction of the .Penn Avenue Bridge over I-494 Project. The City of Richfield has acquired parcels along the north side of I-494 between Knox Avenue and just west of Penn Avenue. Portions of these parcels are needed • now to accommodate the construction of the Penn Avenue Bridge over I-494 Project (See Exhibit A, an attachment to the attached resolution). The City used the Metro Council's Right of Way Acquisition Loan Fund (KALE) to acquire some of the needed right of way. The loan is interest-free and does not have to be paid back 0625-494ROW .until MnDOT intends to use the land for the future widening of I-494. Funds for two parcels, the Citgo Service Station and the racquet club building on the Century Court Apartments property, were acquired using two sources: (1) a direct contribution of funds provided by the Best Buy Company as part of their redevelopment project to assist in financing the replacement of the Penn Avenue Bridge; and, (2) from the Best Buy tax increment bond proceeds. The part of the property that will be used as road right of way for the Penn Avenue Bridge will be under the jurisdiction of MnDOT. MnDOT needs a resolution from the City of Richfield authorizing the use of the land acquired under the RALF Program for future highway improvements on I-494 and so MnDOT can allow the City to begin construction of the Penn Avenue Bridge over I-494. MnDOT has asked the City to approve the attached resolution. Under the City's Charter, an ordinance is needed to sell City owned land. Council will be asked in the near future to authorize the first reading of a proposed transitory ordinance, setting a date for the public hearing and second reading on the proposed ordinance. III. BASIS OF RECOMMENDATION A. POLICY' • This land acquisition and transfer of authority is part of a Memorandum of Understanding between the City of Bloomington, the . City of Richfield, and the MnDOT that was approved by the City Council on July 10, 2000. The agreement covered the division of responsibilities between the various agencies involved in replacing the Penn Avenue Bridge over I-494. B. CRITICAL ISSUES • Without approval of the resolution, MnDOT would have no legal authority to enter upon the described land to build the highway improvements. • T'he Penn Avenue Bridge and interchange need to be rebuilt as part of the road improvements needed to accommodate the Best Buy development. C. FINANCIAL • The MnDOT will reimburse the City of Richfield for the three RALF parcels at the time MnDOT begins construction to widen I-494 at some time in the future. The City purchased the property using an interest-free loan from the Metro Council that does not have to be repaid until I-494 is rebuilt. • Funds for purchasing the two parcels west of Penn Avenue came from the Best Buy direct contribution of up to $7 million for the Penn Avenue Bridge Project and from the Best Buy tax increment bond proceeds. D. LEGAL • The City must authorize MnDOT to use the described parcels of land for highway improvements. City attorneys have reviewed the proposed resolution on transferring the land to MnDOT and determined that an ordinance will be needed to transfer City owned land to the MnDOT. This ordinance will be prepared at a later date. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution. However, this would prohibit the construction of the Penn Avenue Bridge over I-494 and could jeopardize the Best Buy development. V. ATTACPIMENTS • Resolution and Exhibit A (two maps showing the land needed to be conveyed to the MnDOT). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • RESOLUTION NO. RESOLUTION AUTHORIZING USE OF CITY PROPERTY • FOR HIGHWAY IMPROVEMENTS OF T.H. 494 AT PENN AVENUE SOUTH S.P. N0.2785-328 S.A.P. NO. 27-632-22 CITY PROJECT N0.401-30-521 WHEREAS, the City Council of the City of Richfield is the official governing body for the City of Richfield; and WHEREAS, the City of Richfield has prepared plans and specifications for T.H. 494 improvements; and WHEREAS, said plans and specifications are designated as S.P. 2785-328, S.A.P. 27-632-22, City Project No: 401-30-521; and WHEREAS, said plans and specifications require the use of certain City properties to construct necessary improvements, as shown in said plans, including 5 parcels of property acquired by the City along Penn Avenue S., W. 78th Street and other at various locations required for the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: • 1. That the City hereby dedicates and authorizes the use of those City streets, easements, outlots, and other City acquired lands lying southerly, easterly and westerly of the new MnDOT Right of Way line shown on Exhibit A, for roadway purposes and construction in accordance with said plans described for S.P. 2785-328, S.A.P. 27- 632-22, City Project No. 401-30-521. 2. The Mayor and City Clerk are hereby authorized to dedicate said Right of Way to MnDOT and execute the necessary deeds and easements from said City acquired lands subject to compliance with applicable provisions of the city charter. 3. This resolution shall take effect June 28, 2001 at 5:00 p.m. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: • Nancy Gibbs, City Clerk 06/15/01 09:21:11 AM Q'rmo~ai N ~ A A r' m m vm y O N ~ K ~~~~ ~~ "'QiAa-Ai o N.~.N~ ^1 pNp~K zZ 02f~'a .y ta5 2 V ~Z~.y ~2-~~x >ntmin ZyK ll~~Il 9 a " ~ s ~=~Z > m ~~~' zn -~ ,-. a g >F n A y Z a o s Z v a ; Z K a o ~ o i IV z 0 5 n ~8 8~~~ S'v~~ i D N n ~ n n = ~ ~S~ ~_~ O N Z ~ O H ~ fl ~ og~ uo~ o z• ^,'y~oo ~v u,v S~cn oA~ ~m~oa. N ~p.. O O,vO N o O „N. ~ N N V m Z Z X~ C _~ m .,_ ~~ ~r -i no rn C~ D Z m m m .~ 0 R:\33897\33897036\exhfbfts\Ilne_Ilmits_rch2.dgn ~f MATCH LINE 266+70.49 D n r e-~ Z m N O .~ + Q d .~ I° 1 PI I" N 1 D ' I, F~.-° I ao I1 ~~ i .. ~• , >~ ' ~\ ~~ i ~'I i `~ °~. ., `~11i` ____. ~: .... ~ ~ (~, ry: • ~ _ .... ,f _ aye ~ x~,x-a ~, I flay ~ ~ I - I ~ ~„ ;~S .-...._>............. j -~.....~', a r . ................... o, I ._~_ X j ~ f._„ . ~ y "-i~'"M ~I I5u YOa- >n J ~.. ~..... ` ,1 ~, ~~ .~ ... ,- ~~~~ ............................. ~~~~~a.~~~ f~- ` ~,~,_ ~_:.~_4 . ~._n ~... ~-,.. ` ~~ ,.. v_ I >waa -~.....~., Aa~~ -------.........,...~..,-..4_,~ ~ _ ...............~ ..~_ :~ ..,.I _~ .J I I ~~ I I___J ~_.....' - -1 _ ___-,I ~...._-I ~........,.. ~ ~ ate` ..u` .. _ I .............. .....`~.... ~ ___- ~_ a~~ „~, I I r' If-`I I ~~' I I ~ I , L_J `:~ ,- ~------a _~ . ~ f ~... ~. 1 L... i I ~ --.. _............a_ .w.. ,~..,~,., I....... ~..~~ ~- i ; v- -p ~ru ~ I IT7 ~1 TI ~ is I~ Lm U -'t n N .~ + w to !moo,.; . ~~o„~„ ~ ...~ D I ~y~ I N ~~ ~~'. t N I° N I IJ ~ I m X N O7 r~ e~ ~ I D d ~ t_O ~ .~ D I ,~ -©~- I _ ~ i i i~ ~ ~ I .`.C f , ~;,~ I ~' %r ~~ ! ~ I I ~:~ 6 ; r~ ~_~~ I I ~ ~~l I ~ ~ , I i f ii ____..__.. I Et i ;<. ~ II ~T do~'~ ......ca..., .. .~ ...........................................~... zJ L i~ ~ . _._ I -- I I I ~.i..is>~.2 II~I r D ~ i I d ~~ f N I ~ ~ <7 ` ~ ~ ~ I I ~ ~ ~ - I ~ ~ r__ I ~.I ; ~..,...LI i ' / ~.. .~ ..... ~ .._ _....._ __.>7 i i ~ t' { i j ~+' ~ i I ~ r ~h~vh+, ~ ~ ....... ......_ _.v ._._.._ I ~ ~ ~ ~ ~ 4J -~I-~'y L~' ~_ l._ _ ... _.... __ __....._.._ _.........~ ~ ~ ~' ~' ~ `~:r . 1 . ~ .._..._ ....... ................~. ...~....,...................~...__...._...__._.......__.............._......... 1 1 ~ ~ ~ ~~ .~ vim...... i .... ' ~` ~ ~ ................... r ~ ~~ r , ~ \1 ~~ ~i x // ry{ K I ~ 1, ~ ` r {} ~ ~ .........................I M ~ I -~ I4 i; I _ _.. i ~ _ ._ f I Lz~ I I L....,,{~~....~ f I '~ I I J i I ~ I __ r~ I I I I ~- ~ Z ! C/1 ~ i I _._ o~ ~ I I m I I - ~ z I f e rn I • ~Il l ~I I ~~I ' ~ m a v m ~ -n ~ ~ ~ ~ A~ o~ m m m 'ob N N°~ v m N o -+ -~ m a o Z in cn ~ ~ z ~ ~ ~ a cZi n -mac z ~ Z ~ ~ ~ r ~ -c H X7 L7 C7 2 Z D D o x s m cn cn r' -+ -+ r m m I I r o o ms m m z i' i' ~ ~ ~ m n a ~~ z z I I Z D I i CG ~ ~: < m I I _ I _............ nl I I n ° _ :Lt~ ~ l f 1 i _ ......__I ~ ~ I~i I i I I I i a:..--- ~_J I ~ _.i -~ . _. __ ~.,.I___~._..., m o __ - _~ ~, n -.~ n r F--1 z m W W Q W i 06/15/01 09:21:56 AM R:\33897\33997036\exhlbfts\Ilne_Ilmlts_rch3.dgn • o~oo.. m A A N y ~ ~ ~o~$ ~~~~~ '~~`'~^~ N o~ ~ < =-Ogg-~ ~~ ~D D = S H o c~ixm~-i„ s _.y,~ A ~~ > O Z m ~~o~ KA(t !'1 = -, N ~g O 9 N ,TI -' ~ y i ~ a ~ z A ; n v o = '_ ly 0 N N n _Y~g~ yg5?~r .Tl VI ~ Q n > zo,x^ ',v n o ... .a~~ oN=~o J ~ n --1 V Sl ~,o~go t N N K A O .^' U' ~ ~ n wo A'a u'm~°o o az-- N p N ~ ~ O ... O ~ N ~ m z -- ~ m ~ .-- x~. xno', ~_ mM~ -I m r nom n z D z m _~ .. N x m m -~ N O MATCH LINE 405+00.46 ..__.. r-' I ', ' ~~ __~, ~ i } i ~i ~ (~ ~' ~ ~i -_! ~a N~ ii'I ~„ ~ ~ li; _.. _. it N N ~~ ~ _ n,..n~ ~ _.- ~ -i y I ______ _:. ~ ~ ~ L o_o ~-_ _~. ,------- ~-.. -~ .~ ~. N ~~ '~ r.. ~ I a y I ~,~ I z m ,I vl I , 1 v I .~ C ~ ~ I~Y~ m .,~ ~'` N r D ~~ ~ O ' m~ _...._` .............................~ L.......................~......._....................... ~ ~ _.~_.e.......n_r~. :.n__,~_...n...l... .. ` ~~ .~ RAMP D STA 410+62.05 = ~ APT 32.02' RT OF PROP EB I-494 STA 585+78.13 I II 1 I 1 O D I 1 I 1 I ~ I I 1 i .. ~.... _.._ ..J r° _.., ~ ...............1 ~7 I 1 ~............~ _......_... ,I __~.__~.~,.._.~ \ L ...._, _. .~_._ .............................................._. _...._.-.._[__.~ t1 I r,-1 EB I-494 STA 589+35; 77.E BK= I p EB I-494 STA 589+67 ~79.~ AH RI ~^ ~ r. O .-. Z I I 1 a y I N I 7 ~ ~ ~ a C I C1 I m ~ I ~ o I N Z ~ I -1 I a , I m iD + Q1 I N ~ I !I I I ' I { ~ Cl ~ r----_ / I d ~ 1 ~::~ fl r~ m X N m hi .;, MATCH LINE 204+80.44 U7 Cll ~ ; ~, ;' - - ,; I, ' / i 1 ~, / ~'. ~i .._.~._ ..............._.__......._'._r= ~.n r- ,~ _I _, .._ __.._ ____ ~-a D T~ W I ~ -, .., ~' 4 ..~.~_n ...................... I RAMP B STA. 2D8~+90. I ~ ,. _. we~~'~s. om ~ T~~qF ,~ ~, I-494 STA158d+33, i I j } 81 ~ 1 ~ ~ ~ / j .w / 1 1 I I _ ~ ,~~ r I ~ I ~ ~..~____._1 I I ~~ ~ it ~ I ~`, ~ I 1 I i 1 I I 1 1 1 1 1 1 I 1 1 i 1 II ~ J_-- rl ~~ ~~ rv~ I~ I I v v w y I f7 a .- o a N Z N VI ~ .Zy) y ~ C ar n y M mo 0 m~ z w m i to ~ o I I >--.1 ~, ~ ~ I 't il~ ~' -; I~ j ~~ I~~ r I f r ~ ,: 1 ~.~ 1 r UI I I >~1 j I '' _ _ ~, ~~ ~ ~ \ `~. xc -- - -r~ _- - 1 ~~..~ ' _. - __.. ~ Y 00 r_'p 1 ` ~' cri cr l }:~ r~ I'~ 'j; ` - l ; ~I , ~, ~, it I--~~--- -~- I ~_~_..._~_.__ I 1 1 , ~. I ~ I F ~ y 'I I I ,I i I' I I I i, I ~I h ~I I ~~ .O ~ I ~I 1 I ~ I 1 1 I I I 1 I 1 I I I I I ~ 1 I r ~~~ ' I m a ~ m ~ ~ ~ y ~ C7 O ~-+ Z O zl ~ IT1 fT1 'U N U1 'D ~ 'D N O M y f*7 p O z N N Zl Z7 Z ~ Q Z ~ 77 y nri y ^~ I -i i n n oz z a a o x x m vl cn r y y r m m 1 1 r' o o ~ m m '~ ~ -+ z z Z I 1 VI y y m ~ _ a a -t -t ~ O n f,'i Q_ m ~, ~ fi s I ° ~I l I:I I l I~ " I~ . _ .i~ 1 ~ -- f. ., -- ' I r.. ~~ Y. ~ ~ ~ ~ ~ k;. ~.1 j t.. I~ r, r i~ 'I ~~ J ' I ,~. 1. ~.,, ' ' C] .AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT Admin. Reports & Other Business 12 157 CITY COUNCIL MEETING JUNE 25, 2001 • REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of approval of funds for deposit with Hennepin County District Court as part of condemnation proceedings for the Penn Avenue Bridge Project and the 76th Street Widening Project. RECOMMENDED ACTION: By Motion: Approve payments for purchasing right of way needed for both the Penn Avenue Bridge Project (CP 401-30-521) and 76th Street Widening Project (CP 401-30-513) for deposit with Hennepin County District Court as part of condemnation proceedings. • III. BACKGROUND I Under the quick take procedure for acquiring land through condemnation, the cities of Bloomington and Richfield will be taking possession of all property needed to build the Penn Avenue Bridge Project and the 76th Street Widening Project on June 28, 2001. This date assures that Richfield may keep both projects on schedule. In order to take possession, the City must deposit with the Hennepin County District Court the amount of money offered to each property owner The City has an agreement, approved by Council on February 12, 2001, with the City of Bloomington to pay for the costs of acquiring the necessary right of way in 0625ROWfunds NAME; TITLE Bloomington-for the Penn Avenue Bridge. There are four_parcels in Bloomington to be acquired at a cost of $1,754,700 based on appraisals. (See attachment) In Richfield for the Penn Avenue Bridge Project there are two parcels at a combined appraised value of $1,210,105 that need to be acquired. (See attachment) For the 76th Street Widening Project there are six parcels at a combined appraised value of $559,690.23 that need to be acquired. (See attachment) III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield is required to deposit funds with the District Court to acquire property needed for right of way under the quick take condemnation procedures. • The Penn Avenue Bridge over I-494 Project and the 76th Street Widening Project have been identified in the City's 2001 Capital Improvement Budget. • Both projects are needed in support of the Best Buy development project. B. CRITICAL ISSUES • • The cities of Bloomington and Richfield need to have site control to advance the Penn Avenue .Bridge Project and the 76th Street Widening. Project to construction. C. FINANCIAL • Funds to acquire the necessary right of way for the Penn Avenue Bridge Project will come from the Best Buy direct contribution of up to $7 million to the City of Richfield and from the Best Buy tax increment financing bonds. • Funds for the right of way needed for the 76th Street Widening Project will come from the City's Municipal State Aid Street funds (gas tax revenue). D. LEGAL • The cities' attorneys have been involved in acquiring all of the right of way needed for both projects. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may choose to oppose the purchase of the property needed for both projects. However, this will result in both projects being seriously delayed and having a negative affect on the Best Buy construction schedule. ATTACHMENTS V. • Letter dated June 5, 2001 from Bob Lindall of Kennedy and Graven listing the parcels and amounts needed to be deposited with the Hennepin County District Court on the Bloomington parcels needed for the Penn Avenue . Bridge Project. • Letter dated June 5, 2001 from Bob Lindall of Kennedy and Graven listing the parcels and amounts needed to be deposited with the Hennepin County District Court on the Richfield parcels needed for the Penn Avenue Bridge Project. • Letter dated June 5, 2001 from Bob Lindall of Kennedy and Graven listing the parcels and amounts needed to be deposited with the Hennepin County District Court on the Richfield parcels needed for the 76th Street Widening Project. • Three maps identifying the right of way parcels needed in Bloomington and Richfield. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • • t C H A R T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http: //www. kennedy-graven. com ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 *Certified Real Property Law Specialist June. 5, 2001 VIA FACSIMILE 861-9796 AND U.S. MAIL Tom Foley City Transportation Engineer Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Re: City of Bloomington v. TCF National Bank, et al. Hennepin County District Court File No. CD-2634 Penn Avenue Bridge Project -Parcels 2, 4, 5 and 6 Dear Tom: The District Court has approved the City of Bloomington's Condemnation Petition and Motion for Transfer of Title and Possession in the above matter with transfer of title and possession to take effect June 28, 2001. In order for transfer 'of title and possession to occur on that date, the City of Bloomington will be obliged to deposit with the District Court Administrator the following amounts on or before June 28, 2001: Property Tax Parcel Address Owner Amount Payee ID No. OS-027-24-11-0006 2 7800 Penn Avenue South TCF National Bank $ 955,000 District Court Bloomin ton, MN Administrator 04-027-24-22-0002 4 2115 Southtown Drive Rosenberg Family $ 663,000 District Court Bloomin ton, MN Trust Administrator 04-027-24-22-0011 5 7803 Penn Avenue South Kraus-Anderson $ 123,700 District Court Bloomin ton, MN Inco orated Administrator 04-027-24-22-0009 6 7901 Penn Avenue South Richard J. and $ 13,000 District Court Bloomin ton, MN Pauline M. Molnau Administrator TOTAL: $1,754,700 Please arrange for issuance of a check or checks payable to the District Court Administrator and delivery of the check or checks tome for delivery to the District Court Administrator. We will wish to obtain receipts from the District Court Administrator, which we will then file in the offices of the County Recorder or Registrar of Titles, as is appropriate. ~J RJL-198409v1 BL130-76 N~ *Certified by Minnesota State Bar Association ~ L Tom Foley Letter June 5, 2001 Page 2 If you have any questions about this, please let me know. Very truly yours, Robert J. Lindall RJL:peb cc: Jim Gates Brian Gust Eric Berg Corrine Thomson John Dean John M. LeFevre, Jr. r. RJL-198409v1 $L130-76 C H A R T ~E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http: //www.kennedy-graven. corn ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 *Certified-Real Property Law Specialist June 5, 2001 VIA FACSIMILE 861-9796 AND U.S. MAIL Tom Foley City Transportation Engineer Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Re: City of Richfield v. RK Green, L.L.P., et al. . Hennepin County District Court File No. CD-2633 Penn Avenue Bridge -Parcels 1 and 2 Dear Tom: The District Court has approved the City of Richfield's Condemnation Petition and Motion for Transfer of Title and Possession with respect to Parcel 2 in the above. matter with transfer of title and possession to take effect June 26, 2001. On June 8, 2001, we will appear before Judge LaJune Lange with the same requests as to Parcel 1. If those orders are also approved with respect to Parcel 1, in order for transfer of title and possession to occur on June 26, 2001, the City of Richfield will be obliged to deposit with the District Court Administrator the following amounts on or before June 26, 2001: Pro er Tax ID No. Parcel Address Owner Amount Pa ee 32-028-24-44-0004 1 7744 Penn Avenue South R.K.Green, LLP $ 685,105 District Court Richfield, NIN Administrator 32-028-24-44-0003 2 7600-7620 Penn Avenue Richfield Housing $ 525,000 District Court South, Richfield, MN Associates I Administrator- Limited Partnershi TOTAL: $1.,210,105 Please arrange for issuance of a check or checks payable to the District Court Administrator-and delivery of the check or checks to me for delivery to the District Court Administrator. We will wish . to obtain receipts from the District Court Administrator, which we will then file in the offices of the County Recorder or Registrar of Titles, as is appropriate. RTL-198414v1 RC 145-447 *Certified by Minnesota State Bar Association Tom Foley Letter June 5, 2001 Page 2 • If you have any questions about this, please let me know: Ve ly yours, Robert J. Lindal RJL:peb cc: Corrine Thomson John Dean John M. LeFevre, Jr. • C RJL-198414v1 RC 145-447 s , ~i~R:~'l~J~~ C H A R T E R E D 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http: //www.kennedy-graven. com ROBERT J. LINDALL Attorney at Law Direct Dial (612) 337-9219 *Certified Real Property Law Specialist June 5, 2001 Tom Foley City Transportation Engineer Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Re: City of Richfield v. The Church of St. Richard's of Richfield, et al. Hennepin County District Court File No. CD-2632 Widening of 76th Street -Parcels 3-7 and 16 Dear Tom: VIA FACSIMILE 861-9796. AND U.S. MAIL We anticipate that the District Court will approve the City of Richfield's Condemnation Petition and Motion for Transfer of Title and Possession in the above matter with transfer of title and possession to take effect June 28, 2001. In order for transfer of title and possession to occur on that date,. the City of Richfield will be obliged to deposit with the District Court Administrator the following amounts on or before June 28, 2001: Property Tax Parcel Address Owner Amount Payee ID No. 33-028-24-44-0063 3 7540 Penn Avenue South The Church of St. $ 93,200.00 District Court Richfield, MN Richard's of Richfield Administrator 33-028-24-31-0002 4 1601- 75 Street West ROP Investment Co. $ 39,800.00 District Court Richfield, MN LLP Administrator 33-028-24-34-0001 5 7601-7611 Knox Avenue Mark Z. Jones II; $411,100.00 District Court South, Richfield, MN GG Enterprises; Administrator JAKS Partners; Steven Operating, Ina Roberta E. Vau an 33-028-24-32-0038 6 7539 Penn Avenue South F.C. Sjostrand and $ 2,200.00 F.C. Sjostrand Richfield, MN A.J. Sjostrand and A.J. S'ostrand 33-028-24-32-0036 7 7544 Oliver Avenue Prudence S. Meyer $ 11,900.00 District Court South, Richfield, MN and Raymond F. Admnristrator Me er 33-028-24-34-0012 16 1700 - 78 Street West CP Gal Ritchfield $ 1,490.23 District Court Richfield, MN LLC Administrator TOTAL $559,690.23 RJL-198416v1 RC145-448 *Certified by Minnesota State Bar Association Tom Foley Letter June 5, 2001 Page 2 LJ Please arrange for issuance of a check or checks payable to the District Court Administrator and delivery of the check or checks to me for delivery to the District Court Administrator. We will wish to obtain receipts from the District Court Administrator, which we will then file in the offices of the County Recorder. or Registrar of Titles, as is appropriate. Parcels 10 and 11 were included in the petition. but have been omitted above. Those parcels were dismissed because you advised me that you had obtained the required interests .from the owners (Parcel 10, Bernhardson_and Parcel 11, Glennon). If you have any questions about this, please let me know. Very truly yours, Robert J. Lind 1 RJL:peb cc: Conine Thomson . John Dean John M. LeFevre, Jr. • RJL-198416v1 RC 145-448 i:~•. ~~ O O H W~ Z W~ u. J •~ ~' ~ . ^ • ~, O . V I ~• ~ } .~. ~ ~ ` ...`1i' 1w1 ., ;rr ~g~~r ~ Z ~„~~ ~ ~ ~~ Amqy - iF/! ~ . ~ 1: ~ J ~ ~~ U ~ .- -- M/y OYOb ONLLSIX] •-=-\ G NULLU3S ~0 '/~~N ~0 3NIl 1SY~ .~li. t~r~f +f•J: ~• ~ ' - N ~ h i ~--~ •~ •L.iiL• i lil~`l ~. M„OO,tP.44S ecasr. , { ,, I.,r •~ , ~ '~ ~•'.` a M ~= 1. :n ~ '~-__-__-~_ I 1n W ~~ ~;' ti`. +991• - ~ ~ ~s -1~ --~-1 0- t7 ' ~ 1 ~~ ~- Y •-~ /-. ~ v z U ,: , _, {4~ , °a ~ .` is ~1: ~ ~„y ~ \ ~ i ; ' ta. ~ d N W < 1' %~ \ ------------------- -~-J J ~ ~ ~ ~ orni-~ 3 ~ ~, W . . ~ .' ~ ~ 31.OO.If.04N 66'66L ---i ~ ~ n ~ ~ -i ~ of V~~, ~ v1 ~, L 1C1 ~0 3NIl 153M ~~ ~----------~ ~ ~• 11 < ~ ~ ~: ~,'. ~ ~ Qaacn,~, ~o~ r 0. 4 ~ <N s ', 2 :~:~ =~ ~ so~~S~ ~`~" d ~^ ~ ~ or~~aT • r Q x~ GWCGX~1 OZW n ~~iu! cv~r Z ,~ ~ ~S< " I N !A t Z pC: ~ Q Z W ~W t0 N ma ~~p ~yW 1.7 U Y. ~~ ~ ~~~ ~ J~ ;: ::~ . .. ~~ ~ ~ .:. ~ ~ _~ ~~~~ o ~ ~ r: ~ ~ ~ :a:, 1 ~ 0 I W , •W '~ ~. ,~ ~~ ' .., .~ s~ U ~ .~ _ -- -. ~ ...... n ~, ~. ,c ., ~:~ rJ w i:i D ;`., . ~ i ,~ ~ ~ '; r ~ • , ~ u~~~ r U u~~, O C7 c a ~. , .' y ~. j ' .•~ 111 s Y ~ .»• 21YOt.00N ~~ ~~ ~ •' `` \. ~J/// J C~ ~ MM t111~AOtrOMS ~' ~~~-~~ -t-- tiM.Oi~ Nl ,~,,,,,~/ ~* ro ^ ~-. LION Ut 11407 MyOIO IrWrM _ • - i ~- ~ ~ ~ ~ ~Qx A y ~~ ~~7~ - 0 1 7M 1 N1 IO i~1 L7~ ' ~.r .~ ('S '3AY 1+IAI~d) ,~. ,,.' 2TizT'd 2zS9 ~L~' ZT9 I`'Ib P1216 r-,c-•cr+ rn~ 0 0 0 ~J' r ~ M r i +- w ~ w ~a r ~ ,... ' N ' Ad Nb92~OW r ~ r i r ~ i `3Ab NO1M3N ' 3A~1 ~Ct x ti- c0 r- 3A0' XON~ W~ I~14+m a..an% ~o~w _^.~~ a ~:~~ ~~~ u°s~ v~~ ue m y O €~~ ~ x ig $' $~ ~ x W g J W V a NN3d 'and Nd00"i • J STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING • JUNE 25, 2001 Resolution 11 156 REPORT PREPARED BY: REPORT PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: PERRY THORVIG, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE NORDQUIST, ACTING COMMUNITY DEVELOPMENT ITEM FOR COUNCIL CONSIDERATION: Approval of the attached resolution authorizing the use of City property for highway improvements for Trunk Highway 77; S.P. No. 2758-62, MAC Contract No. 106-7-030. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the use of City property for highway improvements for Trunk Highway 77 and authorize staff to prepare a transitory ordinance conveying land in Exhibit A to the Minnesota Department of Transportation for highway urposes. • III. BACKGROUND I The Metropolitan Airports Commission (MAC) is currently funding the acquisition of property in the vicinity of 66th Street and Cedar Avenue for the purposes of expanding the 66th Street Bridge over Trunk Highway 77 (TH 77) and realigning the access ramps to the intersection. The City of Richfield is doing the property acquisition. Part of the property that is being acquired will become road right-of- way. The balance of the property will be retained by the City of Richfield for eventual redevelopment purposes. The part of the property that will be used as road right-of-way will be under the jurisdiction of the Minnesota Department of 0625mndot DIRECTOR NAME, TITLE Transportation (MnDOT). They need a resolution from the City of Richfield authorizing the use of part of the acquired land for highway improvements for TH 77 • so they can finalize federal funding and begin construction. .They have asked the City to approve the attached resolution. III. BASIS OF RECOMMENDATION A. POLICY • This land acquisition and transfer of authority is part of an agreement between the MAC, the City of Richfield, and the MnDOT that was approved by the City Council on February 28, 2000. The agreement covered the division of responsibilities between the various agencies involved in rebuilding the bridge and intersection at 66th Street and Cedar Avenue. • City property is .conveyed by transitory ordinance. B. CRITICAL ISSUES • Without the resolution, MnDOT would not be able to demonstrate site control for funding and would have no legal authority to enter upon the described land to build the highway improvements. • The bridge and intersection need to be rebuilt before the new runway begins operation in 2003. • • Exact legal descriptions need to be determined to complete conveyance. C. FINANCIAL • MAC is funding the property acquisition and the intersection rebuilding. There are no Richfield funds involved other than the staff time involved in doing the property acquisition. D. LEGAL • The City must authorize MnDOT to use the described parcel of land for highway improvements. • Legal counsel has reviewed the resolution. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the resolution. However, this would .prohibit the construction of the interchange improvements and be contrary to the City Council's February 2000 agreements with MAC and MnDOT. V. ATTACHMENTS • Resolution • Map, Right-of--Way Transfer (Exhibit A) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION AUTHORIZING USE OF CITY PROPERTY FOR PHASE 11 HIGHWAY IMPROVEMENTS FOR TRUNK HIGHWAY 77 AT EAST 66TH STREET WHEREAS, the Metropolitan Airports Commission and the Minnesota Department of Transportation (the "MnDOT") have prepared plans and specifications for Trunk Highway 77 ("TH 77") improvements; and WHEREAS, said plans and specifications are designated as S.P. 2758-62, the Metropolitan Airports Commission (the "MAC") Contract No. 106-7-030; and WHEREAS, said plans and specifications require the use of certain City properties to construct necessary improvements, as shown in said plans, including 30 parcels of property acquired by the City along Cedar Avenue, East 66th Street and at other various locations required for the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota: 1. That the City hereby dedicates and authorizes the use of those City streets, easements, outlots, and other City acquired lands lying easterly of the new MnDOT right- . of-way line shown on Exhibit A, for roadway purposes and construction in accordance with said plans described for S.P. 2758-62, MAC Contract No. 106-7-030. 2. The Mayor and City Clerk are hereby authorized to dedicate said right-of-way to MnDOT and execute the necessary deeds and easements from said City acquired lands subject to compliance with applicable provisions of the City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • 8 I • ~ ~ ~yx.sa 1 § , I .. .: . _ , I ..... a w 1 0'Ob I ;. ~`I 4 __ .~. ~ ~ _..__ iA I g>~ ~ I I, g ~O I ~~~' i `~ S,< 4~ y ~ I , I ~ I ~ X) I I 8 ~ ,ra. I ~~--- E. 68th St. ~ „ , :, ~ --- __ , ~ `I I ~- Ii ? I I --- I ~: I ~c ,D'Oti I~, $- ~s, ~ ~ ~~ :~ ~ r, ~ ~ ~ ~~ ~ a~ 1. ~ ~= ~ z ~ d ~ or I y m I • ~,, , ~ ~-.~•~ 1 , --- ' ~ > ; t~ , n pp ~4 '~ ~ ,~~ ~ ~ ~ t _. .o•Da O I ~ +~------- -+~ .. ~+ O O -_ ____ _ ~ ~ +-~ 3 A ,, ~ ~ !. ,I W ~ ~ N ~ Al( ~ O as ~ I H I III v A II R ~ ~~ Q ~ I (~ -°~ ~ ^~ ~ I ~~ I~ $ ~ B Q m I ~ I I - ~ I ~ ~ E" I ~.. , Ig I ~ ~... _..._ _ V j ~> I ~ I I I ~~ d ~ a a i~ I _ n I:: Wr ~ v ff ~ I I : ~~ ,: ~ __ _. .;~,-§ `-----cam---t/. i ~' , d` / ~ ~ E. 66TH ST. n n _ a .~ ~~ ( ~ & - __ m O 0 N r ~#~, ag~~~ iy~ 1<~~ (D (D c'} W PLOT DAIS: Jon 23, 2001 12:52pm DISK FlLE NAME: TRANSF-A.DWG.DWO O 3~ I ~ ~ ---E- h- 8 p .~- __ ~, - __-_J ~~~--- ~ ~ ---` =--- ~-_____.-_-~t____~Y__ _____~-- '' _ Jmuaa>~'_ -ate-- - ~ - - - - - - -~ ~ _ - b - ~_ m =s' ~ ~. b I ~ y _ L ~.. ,~ o I 'A°° ~ ~ t i., ,. ~ ~ _ ,=n a m.r ° ~ S _ ~ - y _ ..... _ ..a...~ Y m .. f7.~ 'I \ `~~ I v~l g ~ i ~,0 Y _, k... I Cp P zcao-~i-~x-cs¢~ Imo-.~w ~1 I a ~ ~ ~l i C 'It '°' ~ ~ ~ cw ~~tir-m-ra nd j s ~ I ~I W ~i j ~ ~ I aco-~~-re~~ as aao-~i~a-r-i .~ I I i I I a.lj ° ~ ~ ~._~ . m I I ., r--e..... I ' ~+ Il I I I € I I 11~ pg~~ p - wwiti:-a-rt ad ~ I ~cm-n-ro-~-i w I I '~ ~ i 1 I~~I Y~ ~ ~ I I ~ ~ --i ~ ~ ~ pp I I ~l~fF V ~ f .cil~tn(9 1 I I 1 1 I . I' ~ I~ ~ ;~ ~ Cn l a~ I I I t, o I ~ 4 ~ i ~ ~ `. .o-oy " r, ~.. PI E. 65th St. ~ ~ ~ - ---- ~ RR I - m a ~ f~-... ~ o I ~ I ~ ` i r=y -u n. I ~',.I ~ i fD a s ~ l I , ~ O p ~ ~ u ~ ~~I o I ~t ~~~ I ~~ ~ ~ ~ 'I r U ~ ~ _, ~~_ ,;; ~` ., ,>i 3 ~ ~ ~ I tt~ I'~ X31 ~ ;~ u~ ~ .,. I. 1~; ~ ~ a~ `~ k ~ -~1 ~i ~~~~-- ~ ---- • ~~ >$ m~ +'y 8> F ~ Q ~: I¢ I I .... ... _-...., I _.. I _. ,~ Q .; I~ ° I _ ii. ' - a %. F s 6 ' ~ ~~ ~ ~ g ~~ 'I 1, ~ ~. F . ~ ~ .. . , ~I ~ ~. ~;$ . ;~.~ ,, ~ x .~ is l a I i.. '! Il, i ~ $ ^1,._ h ~ _ __ ~ .Z ~~ ~ I' i~ ~ I ' u t a d.. ;~. ~ % ., .. / / '! E. 64th St r~ .Ft n ~ ~ ,. i :~: '4 y ~ ~ O } ® ~ ~ ~ uM J f ~ ~ i i ;" O e + ~ A ~ ~. ~~~ ~ ~ ~--~ _ . ~ ~ ~. . .~- ~ ~, Z . ~ ~ . j? ~ '~ ~ .~ w ~ ,; , i .., ~, a~ ; r -..: _.. _.. :~ r ~ O -~ .. .. .. R' i ~ ~ CJ h ~.,6,,. 1--+ ~ ~M F~' ~ ~ uu UL f ~~ t - ~ c~+ N O O s 1 ~'~ a, (.r ° W o , . ~~ F.r _ .. .. E. 63rd-'St: • J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JUNE 25, 2001 RESOLUTION 10 155 REPORT PREPARED BY: NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: DAWN WEITZEL, " HUMAN RESOURCES MANAGER STEVEN L. DEVICH, ADM~iv SSRATIVE SERVICES DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2001-2002 labor contract with the Law Enforcement Labor Services, Inc., Local #123. L RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving the provisions of the 2001-2002 labor agreement with the Law Enforcement Labor Services. Inc. Local #123. II. BACKGROUND City staff has completed labor negotiations with the LELS. Local 123 for the years 2001 and 2002 subject to Council approval. LELS Local 123 represents the positions of Police Officers and Detectives. There are 32 employees represented in the unit. The tentatively approved settlement includes the following changes: 1. Health Insurance A $40 increase from $435 per month to $475 per month for dependent coverage for 2001. A reopener for health insurance coverage for 2002. 2. Wages 0625 Police Contract A 3.5% across-the-board increase effective January 1, 2001. A 3.5% across-the-board increase effective January 1, 2002. Beginning 2001, Field Training Officer compensation will be increased from $1.00 per hour to $1.25 an hour. 3. Work Schedule Increase the number of day's notice from 15 days to 20 days notice for a change in the work schedule and for training. 4. Clothing Allowance A $25 increase from $560 per year to $585 per year for 2001. Another $25 increase to $610 per year for 2002. 5. Personal Leave In 2001 an increase of personal leave accrual from a rate of 2.31 hours biweekly to 2.55 hours biweekly. In 2002 an increase of personal leave accrual to 2.77 hours biweekly. Maximum accrual increases from 192 hours to 204 hours. 6. Vacation Leave Include a Section 7: Employees may sell-back of 36 hours of vacation leave each year if they have an accumulated bank of leave in excess. of 64 hours. Employees eligible to sell-back vacation authorized under this section, may do so only once per calendar year between February 15 and November 15. • 7. Holiday Leave Elimination of Section 8 describing the sell-back of holiday leave. 8. College Incentive Pay In 2001 increase college incentive pay from $1.50 to $1.60 for each approved college quarter credit earned. In 2002 increase college incentive pay to $1.75 for each approved college credit earned. 9. Duration Two year contract. III. BASIS OF RECOMMENDATION A. POLICY • The City has met and negotiated with. the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2001 proposed settlement is similar to other City employee groups and is well within the range for police .officer and detective bargaining groups in similar cities. • B. CRITICAL ISSUES • In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2001 wages and benefits, it is recommended that the City Council act on June 25, 2001 to adopt the attached resolution providing for contract changes, effective January 1, 20D 1. C. FINANCIAL • 3.5% wage increases in 2001 and in 2002 • Increases in health insurance contribution in 2001 and in 2002 ($40 increase for dependent coverage will cost approximately $720 a month for 18 employees receiving dependent coverage.) • Increases in personal leave time accrual in 2001, and in 2002 (Increase of 6.24 hours per person in 2001.,. increase of 5.72 hours per person in 2002.) • Clothing allowance increase in 2001 and in 2002 (total cost approximately $800 per year in 2001 and .$800 per year in 2002.) • College incentive pay increases in 2001 and in 2002 (Approximately $400 per month for the group of eligible employees in 2001 and approximately $600 per month in 2002.) D. LEGAL • If the terms of this agreement are not approved, further negotiation will need to take place and/or arbitration. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED A'~' MEETING • None. • RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #123 WHEREAS, the City Manager and the Richfield Police Division employees (Police Officers and Detectives) Local 123 have reached an understanding concerning conditions of employment for the year 2001 through 2002; and WHEREAS, it would be inappropriate to penalize the Law Enforcement Labor Services, Inc. Local 123 members who -have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the Law Enforcement Labor Services, Inc. Local 123 Bargaining Unif for the years 2001 through 2002, under the provisions of the Labor Agreement to be implemented, effective January 1, 2001. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: Resolution AGENDA ITEM # 9 REPORT # 15 4 ~~ STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 KATIA MEDVETSKI, REPORT PREPARED BY: REDEVELOPMENT SPECIALIST NAME, TITLE • REPORT PRESENTER: CHRIS REGIS, FINANCE MANAGER ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: I ~ .~ ~ I ~ I ITEM FOR COUNCIL CONSIDERATION: Review the Financial Reporting Analysis Tax Increment Districts, Richfield Rediscovered, dated May 16, 2001, by HLB Tautges Redpath, Ltd. and consider (1.) a resolution approving and ratifying financial transactions related to certain tax increment financing districts; and (2.) a resolution ratifying and approving a repayment schedule for interfund loans related to the Richfield Rediscovered Program. I. RECOMMENDED ACTION: By Motion: Adopt (1.)_the attached resolution approving and ratifying financial transactions related to certain tax increment financing districts;. and adopt (2.) the attached resolution ratifying and approving a repayment schedule for interfund loans related to the Richfield Rediscovered Program. II. BACKGROUND On November 27, 2000, the City Council was presented with the Financial Reporting Analysis Tax Increment Districts, Lyndale-Hub-Nicollet (LHN), Interstate- . Lyndale-Nicollet (ILN), and Cedar Avenue Business Area (CABA), dated November 10, 2000, as prepared by the City's/Housing and Redevelopment Authority's (HRA) certified public accountant (CPA)/auditor, HLB Tautges Redpath, Ltd. in conjunction with Ehlers & Associates and staff. Upon review of this report, the HRA adopted a 0625RRFinAnly.doc resolution approving and .ratifying -financial transac#ions relating-to #hese tax increment financing (TIF) districts. The report currently being presented is similar to the aforementioned report but represents the analysis for the Richfield Rediscovered New Construction Housing Program (RR Program) and its relevant TIF districts. It is titled "Financial Reporting Analysis Tax Increment Districts, Richfield Rediscovered, dated May 16, 2001" (RR Report). This is the final report in the series of analyses undertaken to date.. The need for the detailed financial analyses stemmed from changes in TIF reporting requirements and impacts of those changes on transactions from the time of inception of each TIF district. Furthermore, the interpretations of the TIF law being made by the Office of the State Auditor. (OSA) and attorneys who specialize in TIF matters also necessitated a review. The detailed objectives of the RR Report are stated on page 3 of the RR report (attached) and summarized as follows: • Identify the remaining TIF account balances through review of audited financial statements; • Define the funds in which the balances reside; • Segregate residual balances into unspent tax increment revenue and non-tax increment revenue; and • Amend balances, where appropriate, in tax increment reports to the OSA. • Page 4 of the report summarizes the process that was undertaken for the analysis while page 5 provides the recommendations that require implementation. Item Number 1 of the recommendations relates to the need for the HRA and City to ratify, by resolution, the financial transactions that were undertaken over the course of time since the various Richfield Rediscovered TIF districts were established. Exhibit A to the RR Report, entitled "Interfund Transfers to Richfield Rediscovered Program" provides the detailed yearly activity from 1990-1999. As you may recall, from 1990-1992, the Water Utility Fund, Sewer Utility Fund, and LHN TIF Fund were revenue sources used to establish the RR program. The HRA and City forgave repayment to the LHN TIF fund in November 1999. The last repayment to the Water and Sewer Funds was made in 1998. One of the recommendations in the RR Report (item number 6) indicates the need to document a repayment schedule for the remaining balance of the Water and Sewer Fund Loan. Exhibit B to the RR Report, titled "Richfield Rediscovered Interfund Loan Amortization Schedule" shows the remaining balances of each utility fund and amount of annual repayment required to payoff the loans by the year 2020. The HRA and City need to approve this repayment schedule by resolution before repayment begins again. Additional recommendations within the RR Report are directives to staff and consultants for other work to be undertaken as it related to the RR program, • including revising the OSA reporting forms to be in conformance with the RR Report. III. BASIS OF RECOMMENDATION • A. POLICY • Managing the program must include .being sensitive to and recognizing the fact that laws and regulations change. B. CRITICAL ISSUES • Recommendations stated in the RR Report need to be implemented as soon as possible. • On November 20, 2000, the HRA was presented with .and reviewed the Financial Reporting Analysis Tax Increment Districts for LHN, ILN, and CABA and adopted a resolution approving and ratifying financial transactions relating to the LHN, ILN, and CABA TIF Districts. • On November 27, 2000, the City Council was presented with and reviewed the Financial Reporting Analysis Tax Increment Districts for LHN, ILN, and CABA and adopted a resolution approving and ratifying financial transactions relating to the LHN, ILN, and CABA TIF districts. • On June 18, 2001, the. HRA was presented with the RR Report and adopted resolutions (a.) ratifying and approving financial transactions related to Richfield .Rediscovered and (b.) ratifying and approving the repayment schedule for interfund loans related to the Richfield Rediscovered Program. • C. FINANCIAL • The interfund loan transfers to the RR Program and repayments to the. loans through 1999 are delineated in Exhibit A of the RR Report. • The amortization schedule (Exhibit B to the RR Report) provides a means for the City to receive repayment of the funds advanced to initiate the program. • Please refer to the attached RR Report for other detailed information. D. LEGAL • The HRA's financial consultants, CPA/auditor, legal counsel and staff have prepared the financial report and analysis in accordance with applicable state laws and .regulations, federal law pertaining to bonds, and generally accepted accounting principles and practices for government. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could delay or not adopt either of the proposed resolutions at this time. However, time is of the essence as the TIF reports required by the OSA are due by August 1, 2001. Also, the financial analysis and other pertinent information tied to the audited financial statements for the year • ending 2000 have recently been completed by the City. V. ATTACHMENTS • Resolution approving and ratifying financial transactions related to certain #ax increment financing districts. • Resolution ratifying and approving repayment schedule for interfund loans related to the Richfield Rediscovered Program. • Financial Reporting Analysis Tax Increment Districts, Richfield Rediscovered, by HLB Tautges Redpath, Ltd., dated May 16, 2001 (Exhibits A and B). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rob Tautges, HLB Tautges Redpath, Ltd. • Sid Inman, Ehlers & Associates, Inc. • RESOLUTION NO. RESOLUTION APPROVING AND RATIFYING FINANCIAL TRANSACTIONS RELATED TO CERTAIN TAX INCREMENT FINANCING DISTRICTS WHEREAS, the City of Richfield (the "City") and its Housing and Redevelopment Authority (the "HRA") have previously created certain redevelopment project areas known as Redevelopment Project Area A, Redevelopment Project Area B, and the Richfield Redevelopment Project Area (collectively, the "Project"), all pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, within the Project, the City and HRA have established certain tax increment financing districts including -the Richfield- Rediscovered (formerly known as the--Expanded New Home Program) A-1 TIF District, B-1 TIF District, A-2 TIF District, B-2 TIF District, A-3 TIF District, B-3 TIF District., A-4 TIF District, B-4 TIF District, A-5 TIF District, B-5 TIF District, and the Richfield Rediscovered 1999 TIF District (collectively, the "TIF Districts"); and WHEREAS, the City has reviewed a financial analysis of the TIF. Districts prepared by HLB Tautges Redpath, Ltd. titled "Financial Reporting Analysis Tax Increment Districts Richfield Rediscovered, dated May 16, 2001" (the "TIF Report"), which describes the financing transactions related to the TIF Districts since their inception; and WHEREAS, the TIF Report analyzes fund balances, recommends certain fund transfers, and other recommendations regarding the accounting of transactions funded in whole or in part with tax increments from the TIF Districts; and WHEREAS, the City .has determined that it is in the interests of the sound financial management of the City .and the HRA to accept the TIF Report and take actions needed to implement its recommendations. NOW, .THEREFORE, BE IT RESOLVED by the City of Richfield, Minnesota, as follows: 1. The City accepts the TIF Report and ratifies and approves all expenditures described in the report and all transfers to and from the funds described. and recommended in the TIF Report, specifically including. prior tax increment expenditures approved by the City Council. 2. The City authorizes and directs staff to take all actions necessary to carry out the fund transfers and other recommendations made in the TIF Report. 3. The City authorizes and directs staff to take all actions necessary to revise reports regarding the TIF Districts filed. with the Office of the State Auditor in order to conform those reports with the TIF Report and this resolution. Adopted by the City of Richfield, Minnesota this 25th day of June, 2001 Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • RESOLUTION NO. RESOLUTION RATIFYING AND APPROVING. REPAYMENT SCHEDULE FOR INTERFUND LOANS RELATED TO THE RICHFIELD REDISCOVERED PROGRAM WHEREAS, the City of Richfield (the "City") and its Housing and Redevelopment Authority (the "HRA") have previously created certain redevelopment project areas known as Redevelopment Project Area A, Redevelopment Project Area B, and the Richfield Redevelopment Project Area (collectively, the. "Project") .pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, in connection with the Project, the City and HRA established the Richfield Rediscovered New Construction Program, formerly known as the Expanded New Home Program (the "RR Program"); and WHEREAS, to finance the RR Program the City and HRA established .certain tax increment financing districts (the. "TIF Districts") including the A-1 TIF District, B-1 TIF District, A-2 TIF District, B-2 TIF District, A-3 TIF District, B-3 TIF District, A-4 TIF District, B-4 TIF District, A-5 TIF District, and the B-5 TIF District (collectively, the "RR TIF Districts"); and WHEREAS, in order to provide funds to initiate the RR Program, the City made certain interfund loans in the amount of $254,183.33 from its Water Utility Fund (the "Water Fund Loan"), $254,183.33 from its Sewer Utility Fund (the "Sewer Fund Loan"), and $254,183.34 from the LHN TIF District account (the "LHN Loan"); and WHEREAS, as of the date of this resolution, the HRA has repaid a portion of the Water Fund Loan, Sewer Fund Loan, and LHN Loan with a combination of land sale proceeds and tax increments from one or more of the RR TIF Districts, all as shown in the schedule attached as Exhibit A; and WHEREAS, the HRA has previously forgiven the remaining balance of the LHN Loan, as noted in Exhibit A; and WHEREAS, the City has determined a need to document the repayment schedule for the remaining balance of the Water Fund Loan and Sewer Fund Loan, without interest thereon, and to that end has directed preparation of the Richfield Rediscovered Interfund Loan Amortization Schedule (the "Loan Schedule") attached as Exhibit B to this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. The Council ratifies all actions of its staff and consultants in making the Water Fund Loan, Sewer Fund Loan, and LHN Loan and in making all the prior repayments as shown in Exhibit A. 2. The Council approves the Loan. Schedule for the Water Fund and Sewer Fund Loan in substantially the form of Exhibit B. • 3. The Council understands that the Water Fund Loan and Sewer Fund Loan will be repaid with tax increments generated from the RR TIF Districts at the times and in the amounts described in the Loan Schedule. Staff may select the specific RR TIF Districts from which payments are made, based on the availability of tax increment revenues and long-term needs of the RR Program. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • • Q ' rn o m ~ o ~ CO- M O O d7 CO N ~ N ~ J Q ~ ~ M ~' ~ M N-N N O 00 • i r W ~ c O O O O M f~ O O O O r M 0~ Lf') ' r O ~ ~ O O ~ M M I~ O~ O~~~ a0 O N N ~ r 0 LA r Lf) O O f~ O O O 00 f~ I~ O ~ Q 'v N '~ O N N O~~ O 00 Lf) N M Ln d' M O Ln r 01 CO ~ O N r~ r r r N r ~ ~ tf) r f~ r r r lf~ N 'L (f} EF} a i ~ ~ i i i O~ O N ' ' ~ 0 ~ O O N '~ 0 O O 0 W i ~ ti~~ ti N W C N O M O M r CO M O CO O N M ti N' ' O ~ ~ Ln M O 00 r ~' Cn O N O d' r r CO r (~ Q. r O O r' I~ 00 CO O O O M O (0 N ~ I~ • ~ O CD 00 ~ 'ci' to r = 0 0 M M ~ M ~ ~ N N c '- 'i EF} E{} a ' ' ' ' ' ' CO f~ O N ' ' d' ~ 0 0 ~ O ~ 0 0 0 0 ~ f~ ~' 00 I~ N H d O M O M r (p M O CO O I~ 00 I~ N' ' O ~ ~ to M O 00 r ~' (~ O N O ~' r r O ~- ~ O • Q. r O O r f~ 00 CO O O O M O f0 N d I~ • r M CO CO 00 ~ d' ~ _ ~ M M N ~ N N c .- 'L Ef? Ef} ~ a ' ' ' ' ' ' ' ' + f~ CO 00 r 0 0 N O r ~ 0 0 O 0 0 r d ~ ~ d' aD ti N a = a~ J ~ W W O M O M r Cp M O CO O f~ 00 I~ N om' M ' O ~ Ln M O 00 r d' O O N O d' r r CO C~ ~ 00 O r O O r f~ CO CO O Cn O M O CO N 1 r . • O CO 00 d' ~1' ~ r ~ E!-} ~ V W M M tf~ ~ N M r N r N d Ef} D J W V c~ c -a c c c c c c c ~ ~ ~ ~-' E E E E ~~ ~ E U U U rn O N O N O N~ O~ N N v N O E E~ C C C C C C C N y (L N (~6 O C ~ ~ ~ r W n fl ~ ~ ~ .~ N ~ ~ umi ~ ~ ~ •~ ~ ~ ~ N y LL y . . ~ E E E E C E E E E E o E ~ p J Z N N 0) ~~~ O O O O O O O O O O O~ O N E N W ~ ~ O O O ~ w v- 4- w .~ ~ ~ ~ ~- •F.- 4- +~ +.. .~ +.. +~ +. ~. .~ +. +~ C .~ ...~ ~ U N LL. fn L C C C C C C C C C C _O C ~ Q UI UI N N N QI N N N N N N N ~"'• N C V G , ~ . ~? ° W E E E E E E E~ E E o E A O • O ~ « - v~cnu~ amm ' ~m aa a m~ a Q ~Z c c c c c o c o c c c c Z . ~ n3 > >, L nnn,~.QnQQQQ a ~ O~ O I-HH N ~~~~~~~~~~~~ ~ v r W ~ O r N p N M M <Y' rt ~ CO Cfl 1~ M O O O ~ E- y rn rn rn ~ rn rn rn rn rn rn rn rn rn rn rn rn ~ cB V Z = rn rn rn r r r rn rn rn rn rn rn rn rn rn rn rn rn r r r r r r r r r r r r m O O O C C 0) .~ O N co 3 C (0 O O O '~ O Q Z H • Richfield Rediscovered InterFund Loan Amortization Schedule Water Fund Sewer Fund Exhibit B YEAR Balance Balance Jan-01 Pa ment Dec-31 Balance Sewer Balance Jan-01 Pa ment Dec 31 2001 $124,765 ($6,238) $118,527 $124,765 ($6,238) $118,527 2002 $118,527 ($6,238) $112,289 $118,527 ($6,238) $112,289 2003 $112,289 ($6,238) $106,051 $112,289 ($6,238) $106,051 2004 $106,051 ($6,238) $99,812 $106,051- ($6,238) $99,812 2005 $99,812 ($6,238) $93,574 $99,812 ($6,238) $93,574 2006 $93,574 ($6,238) $87,336 $93,574 ($6,238) $87,336 2007 $87,336 ($6,238) $81,098 $87,336 ($6,238) $81,098 2008 $81,098 ($6,238) $74,859 $81,098. ($6,238) $74,859 2009 $74,859 ($6,238) $68,621 $74,859 ($6,238) $68,621 2010 $68,621 ($6,238) $62,383 R $68,621. ($6,238) $62,383 2011 $62,383 ($6,238) $56,144 $62,383 ($6,238) $56,144 2012 $56,144 ($6,238) $49,906 $56,144 ($6,238) $49,906 2013 $49,906 ($6,238) $43,668 $49,906 ($6,238) $43,668 2014 $43,668 ($6,238). $37,430 $43,668 ($6,238) $37,430 2015 $37,430 ($6,238) $31,191 $37,430 ($6,238) $31,191 2016 $31,191 ($6,238) $24,953 $31,191 ($6,238) $24,953 2017 $24,953 ($6,238) $18,715 $24,953 ($6,238) $18,715 2018 $18,715 ($6,238) $12,477 $18,715 ($6,238) $12,477 2019 $12,477 ($6,238) $6,238 $12,477 ($6,238) $6,238 2020 $6,238 ($6,238 $0) $6,238 ($6,238) ($0) TOTAL ($124,765) $124,765 • Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Richfield Rediscovered May 16, 2001 • 51080.1 Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Table of Contents Page Introduction ............................................................................................................. 3 Description of the Process ....................................................................................... 4 Recommendations ................................................................................................... 5 • Discussion and Analysis: Richfield Rediscovered .................................................................................... 6 District Financial Transaction Summaries: Richfield Rediscovered - In Total ....................................................Schedule 1 '~ Richfield Rediscovered - By District ...............................................Schedule 2 Transfers to Richfield Rediscovered Program ...........................................Exhibit A Richfield Rediscovered Interfund Loan Amortization Schedule ...............Exhibit B • sioso.~ Housing and Redevelopment Authority City of Richfield . Financial Reporting Analysis Tax Increment Districts Introduction A joint effort to analyze the tax. increment transactions of the Housing and Redevelopment Authority of the City of Richfield was started in November, 1999. Participants in the process included: HRA Staff Bruce Palmborg Katia Medvetski Myrt Link City Staff Chris Regis Ehlers and Associates Sid Inman Rebecca Kurtz HLB Tautges Redpath, Ltd. Rob Tautges Tom Hodnefield • The districts analyzed were: ^ Lyndale.Hub and Nicollet (LHN) ^ Interstate Lyndale and Nicollet (ILN) ^ Cedar Avenue Business Area (CABA) ^ Richfield Rediscovered The analysis of the Richfield Rediscovered District is included in this report. The LHN, ILN and CABA Districts are analyzed in a separate report dated November 10, 2000. The objectives of the work were to: 1. Identify the remaining tax increment district balances by tracing district transactions from the inception of the District through the audited fmancial statements of the City and the HRA. 2. Define the specific funds in which the remaining district balances reside. 3. Segregate the residual balances of the specific funds between the portion that is unspent tax increment revenue and the portion that was generated from non-tax increment revenue sources. 4. Amend, if appropriate, the balances as reported in the Tax Increment Forms of the Office of the State Auditor (OSA). 3 s~oso.~ Housing and Redevelopment Authority City of Richfield • Financial Reporting Analysis Tax Increment Districts Description of the Process The process included the following: ^ Preparation by HRA staff of detail account expenditure and revenue transactions from the inception of each district. ^ Preparation by City and HRA'staff of a number of schedules, such as combining fund worksheets that supported the amounts contained in the audited Comprehensive Annual Financial Statements of the City and HRA. ^ Research by all participants of budgets, transfers, specific transactions, and other areas. • Consultation with Steve Bubul of Kennedy and Graven regarding interpretation of statutes. ^ A series of meetings to review the progress of the project. The work generally did not include testing of expenditures to invoices or other supporting documents. The work also did not resolve areas of potential challenge by the OSA review process. The OSA has taken certain positions regarding interpretation of tax increment statutes. Several. of these positions, if deemed appropriate by the court system or the state legislature, would have broad sweeping effects.on many, if not all, tax increment authorities in Minnesota. Areas often interpreted differently by tax increment authorities and the OSA include: ^ Adequate documentation of expenditures: 1. Administrative 2. Other ^ Commingling of TIF revenue with non-TIF revenue. ^ .Transfers. including authorization and reporting issues. ^ Potential overpayment of increment. ^ Budget and line item reporting specificity. ^ Various other compliance areas related to District formation and subsequent administration. The schedules and analysis contained in this report reflect common reporting and management practices of tax increment. authorities in Minnesota. These practices have evolved since the 1970s as tax increment laws have changed and as practitioners have interpreted the statutes. • 4 51080.1 Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Recommendations Based on the financial transaction summaries and analysis, the project team recommends the following actions: 1. HRA Board and City Council ratification of the tax increment transactions from the inception of the Districts analyzed. 2. City and HRA staff to review District budgets and amendments thereto in light of the financial transaction summaries contained herein and evaluate. the need for further amendments. 3. Non-district activity should be recorded in separate fund(s) from district activity. 4. Transfer $50,000 from the Development Fund to cover the remaining non-district deficit. 5. HRA staff to amend OSA TIF reports in accordance with the results of the financial summaries. and analysis contained herein.. 6. HRA Board and City Council ratification and approval of the repayment schedule for interfund loans related to the Richfield Rediscovered program. • 5 s~oso.~ Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Richfield Rediscovered The Richfield Rediscovered activities. involve parcels included in scattered site tax increment redevelopment districts (district activity) and parcels that are not included in tax increment districts and did not use tax increments (non-district activity). In 1997, the City/HRA reported all district activity on one OSA reporting form. The OSA took the position .that Richfield Rediscovered consists of several districts, all requiring separate reporting. forms. The City/HRA now reports Richfield Rediscovered as 12 separate districts, each on separate forms. The non-district activity has been excluded from the OSA reporting forms. This structure presents some unique accounting challenges for Richfield Rediscovered, including the following: ^ District activity and non-district activity must be separately identified ^ District activity must be identified by specific district. In addition, certain items, such as general administrative costs, must be allocated to each district. Financial activity identified by specific district and non-district is presented in Schedule 2. ' The City and HRA have used the following funds to account for Richfield Rediscovered transactions: 947 Richfield Rediscovered 485 Tax Increment 1254 486 * Tax Increment 1255 487 * Tax Increment 1258 488 * Tax Increment 1259 489 * Tax Increment 1262 490 * Tax Increment 1263 * Funds 486-490 were. used for Richfield Rediscovered districts through 1997. In 1998 these fund numbers were re-assigned to non-Richfield Rediscovered activity. The detailed analysis of the Richfield Rediscovered districts includes the transactions of the above funds since 1990. The transaction summary is presented in Schedule 1. C7 6 s~oso.~ Housing and .Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Reporting of transfers on OSA TIF forms exclude infra-district transfers; for example, the transfer of tax increment revenue from a Capital Project Fund to a Debt Service Fund that pays debt of the tax increment district. Transfers out which were used to reimburse other funds for budgeted tax increment qualifying expenditures are reported on the OSA TIF forms as an expenditure of TIF revenue. Reporting of transfers contained in this report is consistent with the recommended procedures as published by: the OSA. The calculated Richfield Rediscovered districts balance at December 31, 1999 was as follows compared to the 1999 submitted OSA TIF form: December 31, 1999 Balance All Richfield Rediscovered Districts 947 Richfield Rediscovered ($512,928) 485. ENHP Tax Increment 1254 122,894 Reclass interfund loan payable to cash basis 249,529 • Total (140,505) Balance per 1999 OSA TIF form - All Richfield Rediscovered Districts ($1,344,273) Difference $1,203,768 The main portion of this difference is because non-district activity has been reported in these funds. The remaining difference relates to changes in methods of accumulating accounting information since 1990. City and HRA systems, personnel and record retention policies have changed over the periods included in the tax increment cumulative reported. balances. Additionally, the OSA reporting form has changed significantly from the initial reporting requirements. • 7 51080.1 Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Activity of the Richfield Rediscovered funds from inception of the first district through becember 31, 1999 is as follows: District Non-District Total Activity Activity Sources Tax Increment (TIF) $288,348 $288,348 $ - Interest on Investments 53,393 - 53,393 Sale of Property 2,076,474 1,610,473 466,001 Intergovernmental Revenue 135,713 135,713 - Other 18,586 7,028 11,558 Total Sources of Funds 2,572,514 2,041,562 530,952 Expenditures and Other Uses (5,627,469) (4,187,381) (1,440,088) Transfers In 4,171,610 2,295,796. 1,875,814 • Transfers Out (1,257,160) (149,977) (1,107,183) Balance December 31, 1999. ($140,505) $ - .($140,505) As shown above, the net district activity is $0. This is the result of allocating transfers from the Development Fund to all districts to eliminate deficit balances. The remaining balance of transfers in from the Development Fund was allocated to non-district activity. To simplify reporting and compliance management, we recommend that all non-district activity be recorded in separate fund(s) from the district activity. In addition, the non-district. deficit, which was $140,505 as of December 31, 1999, needs to be addressed. Preliminary results for 2000 show that non-district activity had a surplus in excess of $90,000. We recommend. that $50,000 be transferred from the Development Fund to eliminate the remaining deficit. i 8 51080.1 Housing and Redevelopment Authority City of Richfield Financial Reporting Analysis Tax Increment Districts Presented below is a summary of just the district activity separated between. TIF and non-TIF. Richfield Rediscovered -All Districts Sources Tax Increment (TIF) Interest on Investments Sale of Property Intergovernmental Revenue Other Total Sources of Funds • • Expenditures and Other Uses Transfers In Transfers Out Balance December 31, 1999 i o~ai ~ ~~ ~..,..- a .~ $288,348 $288,348 $ - 1,610,473 212,914 1,397,559 135,713 - 135,713 .7,028. - 7,028 2,041,562 501,262 .1,540,300 (4,187,381) (3,924,747) (262,634) 2,295,796 - 2,295,796 (149,977) (149,977) - $ - ($3,573,462) $3,573,462 We recommend that the OSA Reporting Forms be amended to reflect the amounts summarized above and in Schedule 2. In order to provide funds to initiate the Richfield Rediscovered program, the City made certain interfund loans in the amount of $254,183 from its Water Utility Fund; $254,183 from its Sewer Utility Fund; and $254,183 from the LHN TIF Fund. The HRA has repaid a portion of these loans with tax increment and land sale proceeds from several of the Richfield Rediscovered districts. In 1999, the HRA and City forgave repayment to the LHN TIF Fund. We recommend the HRA Board and City Council ratify and approve the repayment schedule for interfund loans related to the Richfield Rediscovered program. Exhibit A shows the interfund transfers to the Richfield Rediscovered Program. Exhibit B shows the Richfield Rediscovered interfund loan amortization schedule. 9 51080.1 7 % vi a '~ b% N b Q -C a' m_ O N r^'. a a r e- N ` ~ ~!.' r ~ ~ Q % f ~ ` N N ~ Q Q n N ?~ ~_ ~- ~ • ~ h rat N • ~ • X T N oC N O ~ ~ J~ ]C = C S b ~ C K OM1O ~ •- ~ « ~ N ~ • 0- ~ ~ N ' N h ~G ` ~ R ~ O i+.. h h V M .M.... ' cart ~ a < ~ Opt• b N b v N ~O ~ N IR vt C C< eCn T N S ~ N~ ~ <~ N h b r i ~ • N N ~ ~ N~ a a ~ C O. ~ ~••~^ N ~ C N N'~ a b h Q b b ~ O~ c M1 x v ~ v ~... W O~ ~ ' O Yt '.7 ? ~ ; rs_ ' S M1 o~C ~ •t b ~ ~ N b N b O N v ~ t0 T rY C~ i ~ _ O N N N • •D ~ N Oc ~ •rai •/al N tG b R M h Q' YOai ,~ M1 V ~. v v N Q M M1 M1 O7 ~ h t'1 O O O 8~ O Q O t~ r O O O CC b N p~ N Q p m O a ~ OO. s~ r ~~'- ~ B O O O r b ePrf N N~ C r b b y. at Q N ~ a $ a ao WG a N h _ '[T b ~ r ~ ~ N T C ~ N a~ y b N_ r Q C a a c Oo a by ~ n ° _ ~p r• W ~ C O O ~ O~ R N O~ Q < n ~ Q ~ tOry O ~ OC C O~ a b n Q Q O r Omi ~C ~•~ N'~. '~ '„ ,~ vPOVMf ~D ~LQ ~•C tD i'J Ot y vN o .. .... ~ - - bp _ _ __ ~a~ N ~~ ~ ~ T ~ ~ O N O~~ ~ ~• v v v ~ h N N r r~ ~• N N _ <_ fn a?^ N = ~ - _ m ~ T N tD~ 1 l~ yl _ • T rN+1 ^ ~ V W • N~ , M1 M1 .-r. ~ M - N oC ~ M N a n N ROR ~ BOO N b er+ N aT O •C N '% N O .y ' ~ a m v1 •C $ W N N N ~ r O< rbrf a to ~ O P O b tC ~. T n r - ~G a0 b M1 < Q P ~ b vi N N N try O~ a l~ pN~ ' - b~' ~~ 00 Wr C N N m •O „ V ~ v v W v .b.. b,.. O N N ~ y ~ N~ S M1 a tr1 h a s m N .. ~ r pp~ ~ ~ N a b Q ~ N h N N ' P w n' ~ a M •O N O tC N Q o~C Ob0 a ybj 00 <? p a cry C OPT 0 ^ - h ~ ^ b = -~ ~ a O N b P ~ ~D N v^i ~ O h .-. ~ • • O N h OC OC R ~ b b~ C M t0 ~ N h N ~f m 0 ? h h O emery pO~ Q •D O~, < b •O ~ O a p .X ~/1 ~ a M C~ n ~' N 1~ N~ O ~O O n vOi N ~ b~~ P C P v N 1 Ot O V V w'~w - h n v S ~. Q~ N N N V N .... a ~ ~ v o vJ G S O C. O ~C O w .L C C a e w 9$ ~ E '~ ~~ S'.~ ~ $ ~.~_, E °C .~=.~cCa7 L'0 dA~A~ztp`GCe~ D ~ .. ~ n ~~ o °e ~ a~ o G v c aE ~ ° o om~a~ E E E E ~,~~ `~3a°.1Cv°~v°iU ad c e o ~ q. m~ c o :. ~ v a c 9~c E 2 E Q ~ E o 0 0 0 0 0 0 < g ~s wwwwiSr crrrrF-rrr p~~ c~ ~ f3 ~~ _~ b~~HS 5 5 S hOFC- ~~D `.ShS~ t~- ~ b r_n p9 ~ n a tqS ° 'O '~ w ~ ~ 4 .y aj {a~ ~ o ~ ~`~. ~ E~' ~ ~ ~ a a a a ~ ~ i~d .S~ C C ~ P4 l9i - 7 F°- F vt ~0 1~ oo a p 5 'O 'O .Z .~ m ~ ~ R C ? < c & .4 <' Q A v ~~, ~ ~~s - P o .~ Rip ~_s~ ~ q ~ '~ t'i C r R rn of C ~ r O - ~ O ern ~D O ~ • ~D r° - P h rr~i '~ _ vi T ~° oo N - e QO r ec r h m °~ T c~ Q O O - LJ b-. ~ ~ ' - ~ O ~ N ~ b N C ~ - v v ~ P VJ 44 d F^ ~ N - N N of v v v N aw C. S ~ R ~ ~~ ~ ~ b b W ~ F ~ ~ { ^ ~ -~€-°w - ,~ z -- a ~ ~ ~ g - ~. .~ ~~ u ~ y O 4 ° a 8~ s ~ A '~ go > h ~~ d o '8 a ~~ o ~ -.` r ... ^~ co LL1 ~ d 'F O ~ a Q c v•°~Q.eO ~ -~ g u a d y ~ t,= °' c vr2 ~ ooh ~ s~Q9~3in ~ ~ r`°~ °'. E E a ~ o.`~ u Q.'y E a~ SS~a4 iii u0 d Zu"C°~ ° ~p ° gag a i m 2 > Q a E c~ c a ~ , a e z c ~ y o=q O o h cc~~ g ~ ~ `° y p, ~ 0 6 '~ $ d O m Q a c d E E E E~ ~ c~ e .~ u; v~ h U 6 ~ e o u ~. ~o ~~ W o :. E p, Q Q Q Q ~ ~° 0 0 0 0 0 0 0 6 rO ~a _3 ~r2 ClF5 5.°.i in0~-° ~d` 5~.i°i 'v, ~..~ ~ tQ- ~ ~i ~i v_, 6 9~a a. 9 ~ ~ u ~ ~ u 'O n fi' ~ ~ ~~p ~Oa O~ N ~° l~ m ~ N .°3 U a ~ C " ~ 5 d b ~ ~ yW ~ N a o~\. a ~ p` id ~ fW5 ryas C~ ~ f°-. F ZSrB a~evaev~8 d~< p ~ 00 ' O~ 7 ' 00 ~ N 00 h 00 ~ V' v(.^ ' ' r ~ ~ ~~ p.N a 0-~ AMR b~O~~ O 0` a~ ~ v ~... N M N -- O R N N N V1 Q N M R N nj i r r r~ r C r~ N O O O~ ~ i r. i~ r i r . i r r ~ O vi rn v1 vi 7 0 C 1 0 ~ M M ' i t i r N . O N . i t M r i r r r r i r C' C ~ M N el . VO'r ~p N N . :~ C O O [~ N O~ M N N N N N Q~ 00 .-- ry M M N ~ ~ ~ O M N ry ' - ' O ' M M V1 ' P O O ' ' O r r n r r i r i ~ r O V1 ' Vl M N N ~O r V1 r r r i C i C C N h i M r r r r r O O [~ N N ~ ~ ~q 'n O !n O 7 0o O et 0~0 M M N 00 N OMO VMl ~ ~ _ ~ n ~ R '!1 N ,a M C' M M n. ~ r i ~ r r M~ yMj O~0 V O~ ~~ r r r~ r r pp r r r r r~ .N.. ' N V M ~- N .-~ b 7 ~O N T p N N ^. p^ O oC O vi-N V ... b N ~ N~ M M '-' ~O n N M ~ N N N ~ ~ ' ' O~ 00 ' O ' ~O oo O et M - ' ' O ' r r r r r ~ N ~ ~ N N vl O vl R a\ C r C ~~ O^ M V r!1 V^ O O~ O N ee~~• M t~ v'r N r M N ~ a ~ N M V N N ~ ~ r ~~ i r r ~ r^ O N N~ r r ~ r r M r r r r r M r F ~ M ~ r~ ovoov~oo r h ~ r a r, ~ v o v _ rn o0 00 • vl ~ a ~o ~ .~ N p N ~. N M M ~ ~~ ' ' N ~~ O h b n O~ M O l~ ' ' r r~ r r r r~ N O 00 M N N fV ~ N vi - v1 N V1 ~D 00 ~D h r 7 M M - , pip - NOD M M V~'r O - ~ N ~p p ... `~-' O r.. 'N N ~ a N - N -~ ~ r r~ i r ~ ~ O b h T 1 r i r r r r ' N [~ 00 ' '- v? r N 7 00 N 7 O R O O M N O M N h ~ y N n ~ i r~ r ~ o~p o~O OO~a r r r o r ap r r ro0 ~ 1~ M V1 h [~ O I~ ~ ~ ~ ~ O V N [~ n M ~' r!1 h ~ r M 00 N p vN1 ~ M O 7 N 0 ~ O N `-' N Q+ "' ~O N M M h - N ~ i M r r r~ W 00 h M O~ ' ' r r r r ~ O 00 O N M ~~ O N V N ~p O ~p p^ N ._ N n N ~ M~ ~ ~ ~ ~ ~ M l~ M M 00 - h r 00 N N M ~ N ~ n v V ~ .a n ' r~ r i r h M 00 a~ ' ' V1 .-. h r M ~' Vf l~ O N r r~ r r r .~ r r 0 ~ M O `7 h M 00 r O M O N ' <} M O 7 OOO N~ N ~ _ M C ~ _ N M M ~ N I U ~~. ~ H Q ~ _ ¢' ^ ~ b ~ C C ~ ~ ~ 7 V~ O La. p ~ ~ > . ~ O~ ~ ~ T .-. OD O M N h bA O ~ ~ h •~ rn _~ _. ~ ~ G ~ m _ ~ M p ~ a c y .__ ai G y G~ C^ y~ O .p °',~ a> V U ~ ttl ~ 'O br~ a~ ~ v ~" ~ d C 4! ~ Q E ~ 0 0.0. H ~ ~ ~'0 .0.ti y C~~CMW.~q'fl ~ y c`"i ~C ~~ i h'~aa ~ ~ o•~ ~ ~ ~as~o.° c a~i a ~~~c~a~~w ~ ba °' ~ m ~ ors., ~ ~ c ~ ~ L i ° a c :; ~ .d .~ `°° R o °a E 8 E H ~ °v J U o ~ ~ ~ ~~'d v°~t=; Ga ~~O.5F ~aFna¢¢a°a° F F`wu°`. wriF[-OFF F .5ca~ N CG L G ¢ M O~ O O M v M • N N L - N d o0 oovi. O V ' ~O M of O M l~ N t~ ' ' T ~ V' ' O ~D Q+ O ^ O ' O 'n ' v~ j V ~O N 'D 00 - M ~+1 O 'n O~ v' t~ - v~ 1~ (~ N N r M N ~O .-• O ~ V OD iD ~O ~ O l~ e} - O M ~O O .~ M V1 7 O v1 O V~ 'O u '~ ~ T V M N a0 h 00 - M ~O ~- - M N t~ ~ V N O ~D 7 ~--~ N R O t~ N V Q~ 00 N O DD ~ vi O O M` h .... ~ O ~ O ~ ~ u - F _ N OC N .- t/1 N ~O N M R ~O N at h V - v ~.'~ Q~ ..r ~ - 7 vi M N m O ~ i ~ ~p N ~ a i i i ~ ~ ~ ~ , r - ~ ~ i ~ ~ ~ i 1 M.O M O O ~ ~ ~ Q~ 'O~. M ~O ~O cy fy f~~ t d 'C~ ~ N ~ ~ i ~ ~ ~ ~ ~ ~ i ~ ~ r ~ i i ~ ~ i ~ ~ , y ,°S M O M O O ~ ~ y _ ~ ,i3, L'j ~ 7 M M vl ~D O ~O O N V) N V1 + (~ Q ;P~ Li ' 00 ~n ' 00 ' ~O N O vl N v1 N 00 O~ 00 ' ' ~p !~ ~ p~ O 00 o0 ~ ' a ~C O~ O 7 O 00 ~O ~p 7 O M O , ^ M h ' O V1 O ti ' M O O h ~ O~ 7 M 7 C M ~ O .-• N t+~ .~D O .~ ~ ~O v~ -- h :b .? ~ C O V ~O M ~D ^~ O M O t~ [ vi O~ 00 ~ Vl M O ~ C M oo N O M- Vl .-. O M v v h 00 b O V O ~ d. C . ~ h R N v1 v v r ~r z.. _ ... ti V . .0 ~ ~ ~ a ~ d ~° d?; ' ,~ coo E ~ v, o ~ oo a v ,~, o, d o c y ~'., A C . ~ •C .U = C ~ W , ~ ~ ~ ~ N ~y y G ~ !.~ 0 ~ ~ U V ~ U l m Fpp,~ ~i ~ ~ ~ ~ M ~ ~ .ri O C c0 ~ ~ fl.+ ~ ~ •~ w b ~ a °s s ~ o a~.~ h g ~b.4~ ~ o~ ° ~w ~~ N ~ °D~ ff =~ i ~aa. ~ ~ o ~ ~ N U. s~o.5 c i ~ i~~o cL'~~pj F ; 'o' ~ C a d i m v o~~ y~ a ~~ L v ' N a ~ d~ o a s a` .5 b ~ h ..~ a~ U v ~ ~ ~°yp' ~ ~ ~ .. C M . i ~, m~ F. ~. O b C~ v p o~ =' ~~~ o~ :: F h b C h~ «? ~~ v c~ O F C~~~~ a 7 r-1 U i o 0 0 0 O F' ea °~ ~ T `° O~+~d v~F~,°.aa.~OS C~..av~«.1dd.~..] 0 0 0 o Fwu., W cti.FFFF a ~C1~ I • Q ..,, N i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ N ~- N N 00 ~ , W ~ ~ O O O O O M f~ O O O O ~ M O to lp ~ N O N Q _ ~ to O O to er ~ O t1) M M I~ O~ O~ to In 00 CO e- ~ O O ti O O O O~~ ~ O Ln O N~ CC N N O to to O CO lA N M 1n ~f' M O = to ~ O CD V O N ~- lp ~ e- .- N ~ `7 't: l(') r 1~ r r r to NEB a ~ H O O L 0 ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ N w ~ ~ W ~ W O M O M H O M O •(O O 1~ 00 1~ N O ~ ~~ ~ !A M O 00 ~~ O O N O .- ~ t0 ~ r' O • ~- O O H O tC N ~~ h CO (~ O C) O ~t ti O O ~ ~ CO O OC '~t ~ lA N N c 7 fN U ~ ~ ( a . d4 N ~ ~ CO f~ 01 N ~, H CO oD ti O i ~ ~ i i ~ i O OD O CO ~ ~ ~ ~ I~ ~ 00 I~ N .+ ~ W ~ H Q ~ ~ O M O M ~ (O M O CO O f~ 00 f~ N 01 O N O ~ r' r CC O r ~ CO . ~ L[~ M O OD ~ !f 1~ • B O O ~ ~ O tD O O O M O CO N ~ ~ ~ ~ + M ~ ~ M CG c0 ao et ~ to O N N L ~ c i V a 6q N ~ _ E!3 ~ r.. ~ CO CO ~- N a W CO O ~ O In L ~ ~ ~ ~ ~ ~ rn ao o ao ~ ~ ~ ~ d ti ~ oD ~ N R~ _ Z ~3 ~ V J R O M O M ~ ~O M O Cfl O f~ OD 1~ N t1') M N fl H M O 00 r- ~ 0 0 N O '~ ~ ~ CO ~O GO . . X 0 0 ~ ~ CD (O O O O M O (O N f~ ~ ~ ~ ~ ~ O (~ CO eY ~ ~ N ~ O W ~ C 0 M M t~ . d. ~ 'C .- N o a ~, ~ J W _ D O C C C C C C C ' C ' C ' ~ ~ ~ E E E E E E E E U U U rn O ~ O N O~ N O~ N N v~ O ~ E E E ~ a ~ a ~ ~ a o ~ ~ ~ vj m c`o ~ c c c c c c c~ c ~ ~ rn m rn ~ 1 - i X X ~ M W uW a a a CO. ~ ~ -~ ~ i .. ~. u °i ~ ~ v ~ w . ~ a~ p y . ~ ~~~~ E E E E E E E E E E o E E ~ J Z Z ~~ w O O O O O O O O O O O LL O N ~ W O O O E ... ... ... ... .. .... .. .. ... .«.. C .,_. O C N ~ F- N ~ ~ y ~ C C C C C C C C C C C a~ a~ a> m m a~ a~ a~ a~ a~ ~ m O O V p p ~ °> ai N > > > ~ i a > ~ > a ~ > ~ o _ ~ . . c c c , , , , . , , , co co c~ m co ca m co co m m a w > >, ~ N t t aaaaaaaaaaZ a ~ ~ W~ O ~ ~ O ` L +-~ F F- t- ~ N O O O O N O O d N= O ~ ~' ~' ~ ~ ~ a' ~ ~ ~ J Q' `' ~ N v W H p O ~ N ~ N M M~~ In CO CC I~ OD O 01 O ~ H N rnrn rn~ rnrn rn rn rn rnrn rn rnrn rn rn ~ N ~ ~ T MM ~/ i r r r r r r r !~ l'~ r r T r r r W O O O C .~ O N 3 C ca 0 a~ 0 C O 0 a Z J N t H r. Richfield Rediscovered Interfund Loan Amortization Schedule water Fund SewerFund Exhibit B YEAR Balance Balance Jan-01 Pa ment Dec-31 Balance Sewer Balance Jan-01 Pa ment Dec 31 2001 $124,765 ($6,238) $118,527 $124,765 ($6,238). $118,527 2002 $118,527 ($6,238) $112,289 $118,527 ($6,238) $112,289 2003 $112,289 ($6,238) $106,051 $112,289 ($6,238) $106,051 2004 $106,051 .($6,238) $99,812 $106,051 ($6,238) $99,812 2005 $99,812 ($6,238) $93,574 $99,812 _ ($6,238) _$93,574 2006 $93,574 ($6,238): $87,336 $93,574 ($6,238) $87,336 2007 $87,336 ($6,238) $81,098 $87,336 ($6,238) $81,098 2008 $81,098 ($6,238) $74,859 $81,098 ($6,238) $74,859 2009 $74;859 ($6,238) $68,621 $74,859. ($6,238). $68,621 2010 $68,621 ($6,238) $62,383 $68,621 ($6,238) $62,383 2011 $62,383 ($6,238) $56,144 $62,383 ($6.,238) $56,144 2012 $56,144. ($6,238) $49,906 $56,144 ($6,238) $49,906 2013 $49,906 ($6,238) $43,668 ..$49;906 ($6,238) $43,668 2014 $43,668 ($6,238) $37,430 $43,668 ($6,238). $37,430 2015 . $37,430 ($6,238) $31,191. $37,430 ($6,238) $31,1.91 2016. $31,191 .($6,238) $24,953 $31,191 ($6,238) $24,953 2017 $24,953 ($6,238) $18,715 $24,953. ($6,238) $18,715 2018 $18,715 ($6,238) $12,477 $18,715 ($6,238) $12,477 2019 $12,477 ($6,238) $6,238 $12,477 ($6,238) $6,238 2020 $6,238- $6,238 $0 $6,238 $6,238 $0 TOTAL $124,765 $124,765 • AGENDA SECTION: public Hearing AGENDA ITEM # g REPORT # t S Z STAFF REPORT CITY COUNCIL MEETING • JUNE 25, 2001 REPORT PREPARED BY: REPORT PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BRUCE SYLVESTER, ZONING ADMII~TISTRATOR NAME, TITLE BRUCE NORDQUIST, ACTING COMMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an amendment to City Code Section 416 regarding sign regulations at outdoor sports arenas and complexes. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: approve second reading. of the attached ordinance amendment to allow scoreboard els around scoreboards at outdoor sports arenas and complexes. • II. BACKGROUND Richfield Baseball, Inc., an association that organizes little league baseball in Richfield, is requesting permission to install outdoor advertising signs around the perimeter of four scoreboards at Roosevelt Park. Richfield Baseball, Inc. states that by selling such space to advertisers, they will be able to generate revenue to cover some of the costs for operating little league baseball. Richfield Baseball, Inc. is not affiliated directly with the City, but does have a partnership with the Recreation Services Department to provide little league services. 0625-scoreboardsig ns • III. BASIS OF RECOMMENDATION A. POLICY • All parks in Richfield are zoned `R', single family residential. City Code [416.09 (2)(a)] currently states that "Outdoor Advertising Displays" are not permitted in "R" districts in Richfield. To allow advertising signs around the scoreboards at Roosevelt Park, an amendment to City Code section 416 will be necessary. • The proposed ordinance amendment adds a new sign definition - "Scoreboard Panel" to the sign ordinance section 416.01. • The proposed ordinance amendment adds a fourth permitted sign- Scoreboard Panel-in the R, R-1, and MR-1 Districts in Section 416.07 (2)(a). Such "Scoreboard Panels" will only be allowed at "outdoor sports arenas or complexes". (Qualifying sites .include: Roosevelt, Donaldson, Taft and Lincoln Parks owned by the City.) Additional criteria for approval are also outlined in the proposed amendments to this section, including maximum size, height, and area of "Scoreboard Panels". • Permits will still be required for Scoreboard Panels, as the City currently requires for any signs in the city (416.03, Subdivision 1). • Variances will still be prohibited (416.03 Subdivision 7), meaning that no signs will be allowed that do not conform with ordinance requirements. • B. CRITICAL ISSUES • Representatives of Richfield Baseball, Inc. have worked with City staff and with neighbors of Roosevelt Park to write the proposed ordinance amendment. As drafted, the ordinance amendment satisfies both the desires of Richfield Baseball, Inc.. and the concerns of neighbors around Roosevelt Park. The proposed ordinance amendment also would allow other, similar outdoor sports arenas and complexes to place scoreboard panels around their scoreboards. C. FINANCIAL • N/A D. LEGAL • Richfield's City Attorney has advised that the City cannot create an ordinance amendment for signs that only applies to one parcel of land- . such as a specific park. Instead, any new ordinance must. apply to all properties with the "same characteristics". Therefore, if adopted, this amendment will apply to all "outdoor sports arenas and complexes". • First reading was conducted May 29, -2001. Public hearing and second reading is set for June 25. If approved, the amendment would be • published July 3 and become effective August 4. • Notice of the public hearing and second reading was published in the Richfield Sun Current on June 13, 2001. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the ordinance amendment at second reading. V. ATTACHMENTS • Ordinance Amendment VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives of Richfield Baseball, Inc. and Roosevelt Park neighbors have been notified of and invited.to this public hearing. I1 U n LJ BILL NO. • AMENDMENT TO SECTION 416 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 416.01, Subdivision 46 of the Ordinance Code of the City of Richfield is created to read as follows: "Scoreboard Panel" means anon-illuminated sign which is affixed to an electric scoreboard at an outdoor sports arena or complex. Section 416.07, Subdivision 2, Section (a) Number 4 of the Ordinance Code of the City of Richfield is created to read as follows: Scoreboard Panels. Scoreboard panels are allowed only on electric scoreboards at outdoor sports arenas or complexes. Scoreboard panels shall not be illuminated shall be integral to the scoreboard, and shall be constructed of the same or similar materials as the scoreboard and are su_biect to the following regulations: (i) Must conform with section 416.07, Subd. 1(a) • ii) Maximum Area (including scoreboard and panels) of such scoreboard panels and scoreboard shall not exceed 100 square feet. Scoreboard panels shall forma "frame" around the perimeter of the scoreboard and such frame shall not exceed 2 feet in width. (iii) Maximum height (including scoreboard and panels) of such scoreboard panels and scoreboard shall not exceed 18 feet. (iv) No other signs shall be permitted at outdoor sports arenas or complexes, other than as allowed in section 416.07, Subd. 1(b) and section 416.07, Subd. 2(a . No signs shall be allowed on or along any of the fences, and also in the concession areas, nor in any other area of such outdoor sports arenas or complexes. (v) Such scoreboard panels shall only be allowed between May 1st and September 1st of an~year. -Such scoreboard panels must be removed between September 1st and May 1st. (vi) Scoreboard panels shall always be maintained and repaired so as to be attractive. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch., Mayor ATTEST: • Nancy Gibbs, City Clerk t AGENDA SECTION: public Hearing AGENDA ITEM # ] REPORT # ], 5 2 ~' STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, TITLE • BRUCE NORDQUIST, REPORT PRESENTER: ACTING COMMUNITY DEVELOPMENT DIRECTOR ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an amendment to City Code Section 416 regarding sign regulations in high-density residential areas (MR-2 and MR-3). I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: approve second reading of the attached ordinance amendment to allow more than one area identification sign per parcel in the MR-2 and MR-3 districts. l~ u III. BACKGROUND ~ City Code section 416.07, Subdivision 2(b) regulates signs in MR-2 and MR-3 districts in Richfield. Currently, only one area identification sign is allowed per property in this district, regardless of how many buildings, frontages, or entrances a multi-building apartment complex has. The current code is too restrictive in that it does not allow multiple area identification signs for those complexes with multiple frontages or entrances. For example, several of the apartment complexes along 1- 494 have several buildings and entrances on more than one street, but are currently only allowed one sign identifying the area. Allowing more than one sign as the attached draft amendment proposes will-allow these residential complexes to better identify themselves at each of their entrances. 0625-Area-I D-Signs IIL BASIS OF RECOMMENDATION, A. POLICY • The current sign ordinance restricts way finding and does not adequately allow for multiple signs where they would be appropriate in high-density residential areas (MR-2 and MR-3 zoned districts). B. CRITICAL ISSUES • The proposed ordinance_includes provisions.that would.limit.area identification signs to principal/minor arterial streets. • The proposed amendment would prohibit area identification signs from being located within 300 feet of single-family residential districts. The amendment also prohibits more than one area identification sign per street frontage. • The proposed ordinance does not allow any increase in the size of area identification signs. No increase in sign size is recommended because the current size limits are adequate. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed the proposed ordinance amendment and her suggestions have been incorporated. • First reading was conducted on May 29, 2001. • Notice of the public hearing and second reading was published in the Richfield Sun Current on June 13, 2001. IV. ALTERNATIVE RECOMMENDATION~S~ • Deny the ordinance amendment at second reading. V. ATTACHMENTS • Ordinance Amendment VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Ron Mehl, Dominium Development n U BILL NO. . AMENDMENT TO SECTION 416 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 416.07, Subd. 2(b)(3) of the Ordinance Code of the City of Richfield is amended to read as follows: Area Identification Signs.. One freestanding sign not exceeding 24 square feet in sign area or 4 feet in height is permitted per area with 3 or more multi-unit residential buildings.. For through lots or properties with frontages on more than one aublic street. one area identification sign shall. be_allowed per frontage, with the following stipulations: (i) Such signs shall only be allowed on principal or minor arterial streets ii) Such signs shall not be located within 300 feet of the closest parcel classified as R, R-1, or MR-1. viii) Only one area identification .sign shall be allowed per street frontage (iv) When more than one sign is permitted due to multiple frontages, each permitted sign shall be oriented toward its respective frontage. It is the intent to prohibit lots with multiple frontages from .combining sign . rights so as to erect larger signs or additional signs that are oriented to only one frontage. (v) Such signs shall not be closer than 10 feet from any street right-of- way and not closer than 50 feet from any street intersection. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: PUBLIC HEARING AGENDA ITEM # REPORT # 151 J STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of an ordinance repealing a cable television ordinance for WideO enWest, LLC. I. RECOMMENDED ACTION: By Motion: Conduct a public hearing and approve the second reading of the attached ordinance repealing a cable television ordinance for WideOpenWest, LLC. II. BACKGROUND In April 2000, WideOpenWest, LLC (WOW) and Everest Connections Corporation (Everest) approached the Southwest Suburban Cable Commission (SWSSC) regarding the process to be undertaken to obtain a cable television franchise in the five-city SWSCC franchise area. In compliance with Minnesota Statutes Chapter 238, the SWSCC assisted its member municipalities in conducting the process for the granting of a cable television franchise in each respective member city. The process consisted of the preparation of a Notice of Intent to Franchise and Official Application Form. These documents were published by the City and two. proposals were received; one from WOW and one from Everest. The SWSCC, through its legal counsel Moss & Barnett, conducted a review of the legal, technical 0625WOW STEVE DEVICH, ADMINISTRATIVE SERVICES and financial qualifications of both applicants.and submitted a report to the City Council regarding these matters. • The City then conducted a public hearing in compliance with Minnesota Statutes to receive input from all interested parties. Following completion of the public hearing, the City adopted resolutions finding both WOW and Everest possessed the requisite qualifications to own and operate a cable television system within the City. The SWSCC was then instructed by the member cities to negotiate with WOW and Everest to prepare a Cable Television Franchise. Ordinance that would be consistent with all applicable local, state and federal laws. A Franchise Ordinance agreement was negotiated with both applicants and subsequently; the City of Richfield approved the first and second reading of a Cable Television Franchise Ordinance with WOW. An approved summary of the ordinance was published and became effective in March 2001. However, since the date of the Franchise Ordinance approval,. the SWSCC has been notified by WOW that. it was not now in a position to accept the franchise ordinance. WOW cited a change in the economic climate and the general availability of venture capital as a major reason for their departure from- the SWSCC market at this time. They may return to this market at some time in the future. The SWSCC considered this matter on April 25, 2001 and has recommended that each of the member cities either cancel or repeal any cable franchise ordinance • granted for WOW. First reading consideration of the attached ordinance occurred on May 14, 2001. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has followed the legal and procedural recommendations of the SWSCC legal counsel in completing the franchising process. • Since the approval of the Franchise Ordinance by the City of Richfield, WOW has indicated in writing to the SWSCC that it is not in a position at the current time to accept the cable TV franchise. • The SWSCC has considered the current situation with WOW and has recommended that each of the member cities either cancel or repeal their cable TV franchise ordinance with WOW at this time. B. CRITICAL ISSUES • The first reading of the ordinance was completed on May 14, 2001. • Notice of the public hearing was published in the Sun Current on June 13, 2001. • C. FINANCIAL • There is no financial impact of repealing the ordinance at this time, other than the investment of staff time. Other expenses have been reimbursed by WOW for processing their application. D. LEGAL • Brian Grogan, the attorney for the SWSCC, has recommended that the City repeal the franchise ordinance. IV. ALTERNATIVE RECOMMENDATION(S~ • None. V. ATTACHMENTS • Ordinance repealing cable franchise agreement with WOW. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~1 U • BILL NO. AN ORDINANCE REPEALING ORDINANCE NO. 2001-3 REPEALING THE GRANTING OF A CABLE TELEVISION FRANCHISE TO WIDEOPENWEST MINNESOTA, LLC • THE CITY OF RICHFIELD DOES. ORDAIN: Section 1. Cable Television Franchise Agreement Ordinance No. 2001-3, which granted a cable television franchise to WideOpenWest Minnesota, LLC is hereby repealed, due to the franchisee's failure to accept the terms of the franchise. 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 25th day of June 2001. " Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • r ~ ~J AGENDA SECTION: Consent AGENDA ITEM # SE REPORT # 150 STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: SCOTT WILLIAMS, PLANNING AND RESEARCH SPECIALIST NAME, TITLE REPORT PRESENTER: SCOTT WILLIAMS, PLANNING AND RESEARCH SPECIALIST NAME, TITLE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance approving a capital project over $500,000, for installation of the 800 MHz Public Safet Radio S stem. I. RECOMMENDED ACTION: By Motion: Approve the first 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. ~ Also schedule a public hearing and second reading for J u Iv 23, 2001. II. BACKGROUND Most of Richfield's police and fire 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 0625800M HzSystem agreement with Sprint PCS to construct joint equipment space for both the 800. MHz radio equipment and Sprint's PCS equipment. At the April 9, 2001 meeting, the i 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. A public hearing and second reading ordinance approval are recommended to avoid any future confusion or misunderstanding. III. BASIS OF .RECOMMENDATION A. POLICY • Under the City Charter, a public hearing and second reading of the ~"~ 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 .public hearing and second reading will be at the Council meeting on July 23,' 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 • Approving first reading of the ordinance and holding a public hearing and second reading keeps this project in compliance with Charter requirements. IV. ALTERNATIVE RECOMMENDATION~S~ • None r1 l.._J • V. ATTACHMENTS • 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. 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. Backaround: findinas. 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 day of , 2001. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: Gons.ent AGENDA ITEM # 5D REPORT # 14 9 STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 r 1 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: GEORGE ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an ordinance amending and modifying Section 805 of the Richfield City Code relating to benches, booths and shelters. I. RECOMMENDED ACTION: By Motion: Approve first reading of an ordinance to amend Chapter VIII, Section 805 of the Richfield City Code Book relating to Benches, Booths and Shelters and set the public hearing and second reading for August 13, 2001. III. BACKGROUND I The existing ordinance provides the City the ability to order the removal of benches and shelters only for non-compliance with the provisions of the permit. Staff desires the ability to remove benches and shelters, after installation costs are recovered, in favor of providing a higher level of service to the public. • III. BASIS OF RECOMMENDATION A. POLICY 0625AmendBench NAME, TITLE • On February 8, 1999 Council considered several options related to Courtesy Benches including raising-.fees and eliminating benches altogether. At that time Council determined that Courtesy Benches provided a worthwhile service to the community with no cost to the City or its residents. • Richfield's Comprehensive Plan encourages the increased use of mass-transit. Bus shelters, with light, heat, garbage collection and bi- weekly cleaning appear to represent a significant increase in service level for transit riders over the existing benches. • On Tuesday, June 12, 2001 the Richfield Community Services Commission met and voted to recommend that Council pass this Ordinance Amendment. B. CRITICAL ISSUES • In order for the providers of bus shelters to install their facilities, they must be assured that the facility will remain in place long enough to generate revenue sufficient to cover the cost of installation. Therefore, the proposed ordinance has been revised so that during the first ten years in place, a bus shelter can only be removed for non- compliance with the conditions of the permit. • Services provided by the shelter provider, which are not provided by the courtesy bench provider, include a garbage container in each shelter which is serviced twice weekly, electrical lighting inside the • shelter and the City's choice of either a radiant heater in the shelter or an annual fee in the range of $200 to $400 paid to the City. The fee is based on a percentage of the shelter's advertising revenue. In .addition to a concrete slab under the shelter, the provider will also construct sidewalk where necessary to provide access to the shelter. • This proposed ordinance amendment requires that all benches and shelters be provided with a garbage container, and that the garbage be collected twice weekly. This is a change for the courtesy bench provider. C. FINANCIAL • The proposed ordinance change does not affect the cost of a permit. D. LEGAL • The City Attorney will be present to answer questions. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may instruct staff to replace benches with shelters. • Council may direct staff to retain benches and to not provide shelters for the public. V. ATTACHMENTS • Amendment to Section 805 of the Richfield City Code. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rollie Danielson,-Scott Danielson and Len Thiel of U. S. Bench Corp. • Steve Lindgren of the Chamber of Commerce on behalf of U.S. Bench Corp. • Craig Piernot of Outdoor Promotions, Inc. BILL NO. AN ORDINANCE AMENDING SECTION 805 OF THE RICHFIELD CITY CODE; RELATING TO BENCHES, SHELTERS AND TELEPHONE BOOTHS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 805.03 of the Richfield City Code is amended to read as follows: 805.03. Definitions. Subdivision 1. "Courtesy bench" means a bench placed upon a public street by a person other than the city, designed for the convenience of the general public and constructed and used as an advertising device. Subd. 2. "Director" means the director of public works. Subd 3 "Shelter" means a shelter placed upon a public street by a person other than the city designed for the convenience of the general public and constructed and used as an advertising device. Section 2. Subsection 805.07 of the Richfield City Code is amended to read as follows: 805.07. Permits and Applications. Subdivision 1. Requirements. Application for permits s must be made to the director. The application s~ must contain the following information: (a) location of the bench, shelter or outdoor telephone booth; (b) name .telephone number and address of the applicant; (c) detailed plans and specifications of each proposed bench, shelter or booth including the general nature of advertising matter to be posted thereon; and (d) such other information the director may reasonably require. Subd 2 Changed Information A permit holder shall notify the director of changes in any of the information required for a permit within a reasonable time. Section 3. Subsection 805.11 of the Richfield City Code is amended to read as follows: • 805.11. Conditions governing issuance of permits. Subdivision 1. Application. This subsection governs the issuance of a permit for a courtesy bench, shelter or booth. Subd. 2. Permit for each bench. A separate permit is required for each bench, shelter or booth to be constructed, but permits may be granted for more than one location on the basis of a single application provided. the. director is satisfied that all the information required by subsection 805.07 has been obtained for each proposed bench, shelter or booth. Subd. 3. Transfer: If a bench, shelter or booth for which a permit has been issued is sold or title or control thereof is transferred or assigned, a new one-year permit eqa~-fie is required for its maintenance. Permits expire, unless renewed, on the first day of January next following the date of issuance. Subd. 4. Location. No new permit may be issued for the installation of benches, shelters or booths in the following places: (a) in an alley; , or (b) at any location where the distance from the face of the curb to the inside sidewalk line is less than eight feet; e~ (n\ + ~+mi Ini._+inr+ rli_~r.n~ w+i+re }h.+r~ F.II feo4 frnw+ +he nn.+rec~+ r~nin4 nf' ~..~ iTm r oi+4inn ,~ii~l~ }rr.o+ , ,nlec~c~ ~I~e rlir.~i++nr rl~ron~~ n nhnnive of Inn~~inn_ u Subd. 5. Permit fees. The permit fee and renewal fee shall be as provided in appendix D. Section 4. Subsection 805.15 of the Richfield City Code is amended to read as follows: 805.15. Permits. Subdivision 1. Approval and issuance. If the director is satisfied that all of the conditions enumerated in this section have been met and that the erection and maintenance of the bench, shelter or booth at the proposed location will not restrict pedestrian traffic, , endanger the health safety order convenience or general welfare of the City, ~e the Director ehatl will approve the application. . Subd 2 Competing applications. In the case of competing applications for one location that otherwise satisfy the conditions enumerated in this section, the director shall approve the applicant who will provide a greater public service based on the needs of the particular location. In determining the needs of a given location the director may consider the following factors: . (a) nearby traffic density; (b) effect on pedestrian safety; (c) effect on pedestrian traffic; (d) effect on lines. of sight; and (e) beneficial effect for users of the proposed bench, shelter or booth. Subd 3 Application. Competing applications will not be accepted during the first nine renewals after installation of a shelter. Section 5. Subsection 805 of the Richfield City Code is amended by repealing subsection 805.17. Section 6. Subsection 805.19 of the Richfield City Code is amended to read as follows: 805.19. Renewal of Permits. At least 30 days prior to the expiration of a permit, the permittee may apply for renewal of the permit. If there is no change in the construction, location or advertising content and if consent of abutting owners or lessees has not been withdrawn, the applicant s~ must so certify and the permit • may be reissued by the director upon payment of the required renewal fee. 'f ~e~it: The director e#a~ will promptly notify the permittee of a withdrawal of consent filed with him by any abutting owner or lessee. Section 7. Subsection 805.23 of the Richfield City Code is amended to read as follows: 805.23. Installation and maintenance of benches, shelters and booths. Subdivision 1. Size and location. Courtesy benches s~ must be installed parallel with the curb and set back at least 18 inches from the face of the curb. .Subd. 2. Size limitations -courtesy benches. hennhoc~ .,re .,~ f,.n.,..,~. No courtesy bench shall exceed: (a) height - 42 inches ~; (b) width - 30 inches ~; and (c) length -Seven feet ~. Subd. 3. Size limitations -shelters. No shelter shall exceed 100 square • feet. Subd. 4. Exception. A shelter may exceed the 100 square foot limit if approved by the director. The director may approve an exception to the shelter size limitation if the level of use at a particular shelter location warrants a larger structure. Subd. 5. Permit. display.- Each bench, shelter or booth elm must display the permit number in a conspicuous place. Subd. 6. Conditions. It is the responsibility of the permittee to maintain each bench, shelter or booth in a safe condition and to keep benches, shelters and booths in a neat, clean and usable condition. The permittee shatl must insure that .the bench, shelter or booth is kept free of ice and snow and is kept accessible at all times. Every bench or shelter permittee must install a garbage receptacle of a size sufficient to handle the location's use. The receptacle must have a cover and must be attached to the bench or shelter. The permittee must service the receptacle twice per week. Subd. 7. Advertising Matter. Advertising matter may be displayed only on the front and rear surfaces of the backrest of a bench. Advertisements for liquor or beer, and obscene, immoral or indecent advertising matter is prohibited on all benches, shelters or booths. Advertising matter is subject to the . approval of the city council. No advertising matter on any bench, shelter or booth may display the words "Stop", "Look", "Drive In", "Danger" or any other word, phrase e# or symbol which might interfere with, mislead or distract traffic. 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: AGENDA ITEM # REPORT # STAFF REPORT Consent 5C 148 CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: REPORT PRESENTER: ACTING DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: PERRY THORVIG, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE NORDQUIST, ACTING COMMUNITY DEVELOPMENT ITEM FOR COUNCIL CONSIDERATION: Approval of just compensation of $158,000 for 6344 18th Avenue. I. RECOMMENDED ACTION: By Motion: Approve just compensation of $158,000 for 6344 18th Avenue. III. BACKGROUND In 2000, the State Legislature approved a grant of $5,000,000 to purchase property within two blocks of Trunk Highway 77 for the purpose of airport noise mitigation. So far, twenty-five offers have been made and accepted on 18th Avenue north of 66th St. Funds remain for one more purchase. Staff has asked Larry Hempler, real estate appraiser, to update the appraisal that he originally did on 6344 18th Avenue. Mr. Hempler has appraised the home and property at $158,000. The old appraisal of August 28, 2000 was for $145,000. • Mr. Don Hennessey, review appraiser, has reviewed the appraisal and confirmed the value. 0625-6344 18tH DIRECTOR ,.., .., T,m, ,. • A. POLICY • It is required that appraisals that are more than six months old need to be updated. B. CRITICAL ISSUES • It is critical that an offer be made early in the summer so that the property owner can relocate prior to the opening of the school year. C. FINANCIAL • The acquisition of the property will be funded by the State Legislature's grant as administered through the Department of Trade and Economic Development. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not accept the just compensation amount as determined by appraiser Hempler. • V. ATTACPIMENTS • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • ~~. - - D .,.. _.. ~~fl a ?~' ,~ ~~ ,~ ® JUST COMPENSATION ' t~fr "~ ~~ ~ ROPERTtES JUNE 25 ~~~ -~ ~~~~ ~ ADDITION ~ ~~ a ~ ~ AREA WHERE ~ ~ ~ LECISLATIVE GRANT CAN ~ -- r ' 8E SPENT g i`' ! :r. • t ~N ' ~ o~ s-t~.~o ~ _,. .. .:~ ~ .~ • AGENDA SECTION: Consent AGENDA ITEM # SB REPORT # 14 ] STAFF REPORT CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: NAME, TITLE • REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: PATRICK DOLAN, ENGINEERING TECHNICIAN MIKE EASTLING, PUBLIC WORKS DIRECTOR /N/AM~E, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for parking lot resurfacing and reconstruction. I. RECOMMENDED ACTION: By Motion: Accept bid minutes/tabulation and award a contract for parking lot improvements, City Projects 402-30-555 (Donaldson Park and Community Center), 501-30-569 (Water Plant) and 917-25-957 (Cedar/Jensen), to Bituminous Roadways, Inc. in the amount of $243,168.55. III. BACKGROUND I Proposed parking lot improvement sites include Donaldson Park (lower level - 7400 Lake Shore Drive) and the Community Center (7000 Nicollet Avenue), the Water Plant (6221 Portland Avenue), and between Cedar Avenue and Highway 77 at approximately 69th Street. • III. BASIS OF RECOMMENDATION A. POLICY 0625PkgLots • On June 18, 2001 bids for parking lot improvements were opened in accordance with Council authorization granted May 29, 2001. • The adopted 2001 Capital Improvement Budget includes the projects related to parking lots at Donaldson Park, the Community Center and the Water Plant. B. CRITICAL ISSUES • The existing parking lots being .considered for improvement, at Donaldson Park, Community Center and Water Plant, are in need of repair. • Proposed construction of a new 13-space parking lot in front of the Water Plant de-watering building will provide for additional parking related to activities at the Water Plant and Veterans Memorial Park of Richfield. Four of the five trees currently in front of the de-watering building will have to be removed for construction. All four are Lindens and are all distressed. These four trees will be cut down and replaced. The new trees will be planted in Veterans Memorial Park of Richfield as close to the current tree. locations as is possible. • There is a need to provide an alternative to on street parking in the vicinity of Cedar Avenue and Diagonal Boulevard. • Information about the Cedar/Jepson Parking Lot's effect on drainage will be handed out at the meeting. • C. FINANCIAL • The estimated total. cost for all the parking lot improvements under consideration is $350,000. The adopted 2001 Capital Budget includes $120,000 from Special Revenue (for Donaldson-Park and the Community Center) and $85,000 from user fees (for the Water Plant). Transmission Shop, Inc. has agreed to pay all costs for the Cedar Avenue parking lot. • Bituminous Roadways, Inc. submitted the lowest responsible bid. The parking lot design consultant, Bonestroo, Rosene, Anderlik & Associates, Inc., has recommended award of contract to Bituminous .Roadways, Inc. D. LEGAL • The City Attorney will be available for discussion if there are any questions. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not do the work. However, the existing parking lots are in need of repair and additional parking is needed at the Water Plant and in vicinity of Cedar Avenue and Diagonal Boulevard. • Award contract to another bidder. However, staff is not aware of any reason to award a contract for other than the lowest responsible bid. • Direct staff to re-advertise the project. However, the lowest responsible bid is within the Engineer's estimate and staff does not believe lower bids will be received. V. ATTACHMENTS • Bid minutes/tabulation. • Graphic identifying location of parking lot improvements as proposed. • Aerial photo with proposed Cedar/Jensen parking lot imposed. • Graphic of proposed new parking lot at Water Treatment Plant.. • A letter from Pete Willenbring of WSB and Assoc. concerning storm water flow from the Cedar/Jepson lot. (to be handed out prior to meeting) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • • CITY OF RICHFIELD, MINNESOTA • Bid Opening June 18, 2001 2:00 p.m. 2001 Parking Lot Improvements Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Deborah J. Guiher, Deputy City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 2001 Parking Lot Improvements, as advertised in the official newspaper on June 6, 2001. Present: Deborah J. Guiher, Deputy City Clerk George Atkinson, Public Works Representative Cheryl Krumholz, City Manager Representative • The following bids were submitted and read aloud: Vendor Bid Bond Addendum Total Base Bid Alternate No. 1 Valley Paving Inc. 5% Acknowledged $282,038.28 $25,023.50 Shakopee, MN Bituminous Roadways Inc. 5% Acknowledged $243,168.55 $20,974.70 Minneapolis, MN Midwest Asphalt Corporation 5% Acknowledged $264,677.95 $22,874.00 Hopkins, MN D M J Corporation 5% Acknowledged $265,418.26 $24,307.35 Hamel, MN The Deputy City Clerk announced that the bids would be tabulated and considered at the June 25,.2001 City Council Meeting. Deborah J. Guiher Deputy City Clerk • • i;~ • H 0 a °o N ~~~ \~ ~~ ~~ ~_ ~~ ~~~ ~~ WO ti~ Q~ ;~ ~~I ~ W ~~I H ~~I W U H ~o~ ~~ poi ~ c~ ]~ ~ O~ I o ~'- I ~~ ~ i ~. ~~ z 0 Q a iC ~¢ ~ Qo ~~ ;~ D D ,~ ~; • • • • 0 0 z O 0 C7 z w w z ~ z m ~ w ~c n. O y,,, J = W Q ~ N lL -v ~ U ~ ~v ~~ W° .~ LL. z _ ~ Q V~ . ~- OC '- ~ N 2 ~_ ~ _~ +--~ ~_ n/ ~ N O ~ ~ ^ ~ ~ LL ~ W N .~ ° ~ °° o ~- Q ~ m o ~ -~ rn O ~~ 4. V N qr B S • AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CONSENT 5A 146 CITY COUNCIL MEETING JUNE 25, 2001 REPORT PREPARED BY: SALLY MORTON, INFORMATION TECHNOLOGIES MANAGER NAME, TITLE • r~ u REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution requesting the donation of used City computer e ui ment to the Richfield school district. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the donation of used com uter a ui ment to Inde endent School District #280. II. BACKGROUND The City has 25 old personal computer processors with mice and keyboards that have.been replaced with new equipment. The retired equipment is still in good operating condition, but the technology no longer performs adequately in the City's environment. The Richfield School District accepts donations of used computer equipment and is interested in receiving these items. The City made similar donations in both 1999 and 2000. III. BASIS OF RECOMMENDATION A. POLICY • The retired equipment was purchased with tax dollars from the same taxpayers that fund the school district. 0724PCDonation.doc STEVEN L. DEVICH, • Technology support staff at the school district have. indicated that they plan to use the donated equipment to replace failing and very outdated PCs used by students in their media centers and by teachers in the classroom. District staff further indicated that are still using the equipment donated by the City in 1999 and 2000. Although no longer of benefit to the City, the taxpayers investment in this equipment is still benefiting their school district. B. CRITICAL ISSUES • N/A C. FINANCIAL A quick survey by staff revealed that similar used PCs are selling for $150 - $300 each. If the City were to sell the equipment there would be costs associated- with that effort and staff time would be diverted from other important projects. • The City's retired equipment has more value to the school district then the nominal amount the City would receive for selling it. D. LEGAL • The donation is authorized by Minnesota Statutes, Section 471.85 which provides:. "Any county, city, town, or school district may transfer • .its personal property for a nominal or without consideration to another public corporation for public use when duly authorized by its governing body." IV. ALTERNATIVE RECOMMENDATION(S~ • Direct staff to research options for selling the equipment. V. ATTACHMENTS • Resolution authorizing the transfer of used computer equipment to Independent School District #280. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • RESOLUTION NO. • RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT #280 WHEREAS, the City owns some computer equipment for which it no longer has any use; and WHEREAS, Minnesota Statutes Section 471.85 permits the City to transfer this property to the School District for public use; and WHEREAS, representatives of Independent School District#281 have indicated that they will accept the donation and use it in a manner permitted by Minnesota Statutes Section 471.85. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that 25 personal computer processors, keyboards and mice owned by the City be transferred to Independent School District #280. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of June, 2001. • Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk •