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02-8-99 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, FEBRUARY 8, -1999 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS RICHFIELD CITY HALL AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES REGULAR CITY COUNCIL MEETING OF (1) SPECIAL CITY COUNCIL MEETING OF JANUARY 8, 1999; (2) SPECIAL CITY COUNCIL • MEETING OF JANUARY 25, 1999; (3) REGULAR CITY COUNCIL MEETING OF JANUARY 25, 1999; (4) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION OF JANUARY 25, 1999; (5) SPECIAL CITY COUNCIL MEETING OF JANUARY 28, 1999; AND (6) REGULAR CITY COUNCIL STUDY SESSION OF FEBRUARY 1, 1999. PRESENTATIONS INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA 2. PRESENTATION OF PUBLIC SAFETY MEDAL OF MERIT TO RICHFIELD POLICE OFFICER GREGORY PETERSON 3. PRESENTATION OF PUBLIC SAFETY DEPARTMENTAL COMMENDATION FOR OFFICER OF THE YEAR TO RICHFIELD POLICE OFFICER ROBERT SCHLETTY AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION CONFIRMING APPOINTMENT OF LARRY EMOND AND GLENN ERICKSON TO 1999 BOARD OF EQUALIZATION C.L. 37 B. CONSIDERATION OF APPROVAL OF RESOLUTION AMENDING APPENDIX D RELATED TO BENCH PERMIT FEES FOR 1999 C.L. 38 C. CONSIDERATION OF APPROVAL OF INCREASING EXISTING WOOD LAKE DREDGING CONTRACT WITH VEIT & COMPANY BY $25,649.70 AND EXTENDING CONTRACT COMPLETION DATE TO JULY 1999 C.L. 39 PROPOSED ORDINANCES 6. FIRST READING OF TRANSITORY ORDINANCE VACATING FREMONT AVENUE RIGHT-OF-WAY BETWEEN WEST 73RD STREET AND UNIMPROVED LAKE SHORE DRIVE COUNCIL LETTER N0.40 7. FIRST READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND COUNCIL LETTER N0.41 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 8. CONSIDERATION OF GRANTING 3.2 MALT LIQUOR LICENSE TO FOURTH OF JULY COMMITTEE FOR SALE OF BEER AND WINE COOLERS IN VETERANS PARK ON JULY 3, 1999 COUNCIL LETTER NO. 42 9. CONSIDERATION OF AWARD OF CONTRACTS FOR CONSTRUCTION COMPONENTS OF SECOND ICE SHEET ADDITION TO RICHFIELD ICE ARENA COUNCIL LETTER N0.43 AIRPORT BUSINESS 10. AIRPORT STATUS REPORT CORRESPONDENCE 11. LEGISLATIVE REPORT COUNCIL CHOICE 12. COUNCIL DISCUSSION ITEMS 13. CLAIMS AND PAYROLLS 14. 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 861-9702. [] 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 43 Agenda February 8, 1999 Issue Statement: Consideration of award of bid for construction of second ice sheet addition to the Richfield Ice Arena. Background: On August 24, 1998 the City Council held a public hearing and gave second reading approval to an ordinance authorizing the construction of a second ice sheet addition to the Richfield Ice Arena. Bid packages were prepared and sent out just after the first of the year and a bid opening was held on January 28 at 2 p.m. In all, 30 bid divisions (packages) were received and analyzed. Attachment A is a bid tabulation breakdown of all individual bids submitted by contractors and vendors for each specified bid division. Of the total 30 bid divisions, three packages are not recommended "for approval with this City Council action. Bid Division 8, Waterproofing, is being rejected because it was felt that work may not be necessary. Bid Division 25, Ice Rink Construction and Bid Division 26, Used Ice Refrigeration Equipment; require further analysis and verification. It is contemplated that these two bid divisions will be presented to the City Council on February 25, 1.999. Project Costs/Bid Awards The total cost of the base project including previously awarded earthwork, contingency, construction costs, lobby remodeling, bleachers and landscaping is approximately $2,887,000. An approximately $40,000 alternate, face brick, is also being recommended by staff. The face brick would provide a matching brick treatment approximately 12 feet high on the entry area and south (front) wall of the new addition. This brick face would greatly enhance the appearance of the second ice sheet addition in matching the existing building. The alternate for the face brick brings the project cost to $2,886,793, slightly over the high-end estimated project cost of $2,850,000. An alternate for brick facing of the entire addition would have added approximately $200,000 to the base cost of the project and is not recommended. The package also includes Alternate 4, an additional $31,661 for enclosed bleachers for the new facility. This system would prevent the potential for someone to accidentally fall through the bleachers and get injured. It should also be noted that roughly $14,000 of project costs for painting was deducted from the bid award because members of the Ice Group have indicated that they would be willing to donate their services to do that portion of the painting. • Another issue that will be pursued by the Construction Manager is to ascertain if and what portion of the respective bids for construction materials and supplies was designated for the payment of sales tax. An exemption in the sales tax law provides ~~1 that materials and su lies urchased before June 30, 1999 and used for an ice arena pp p project which is partially funded under a "Mighty Ducks" Grant, is exempt from the sales tax. Any such sales tax included in the bids would be deducted through the change order process. These amounts could total several thousands of dollars. The listing of all project costs, including the previously approved project earthwork, current proposed contracts and project budget is all included in Attachment B. Attachment C lists all of the alternates included in the bid packages.. The total amount of all contracts to be awarded for this project is $2,292,241. This figure includes $376,686. for Bid Division 25 and 26. A contract to Max Steininger Inc. for earthwork in the amount of $256,.927 was previously approved by the City Council for the project. Proiect Funding Funding for the project will. come from a number of sources including: • Lump sum liquor profits $ 500,000 • Mighty Ducks Grant 125,000 • Estimated Recreation Revenue Bond proceeds- 2;260,000 Total $2;885,000 An inter-fund loan of $500,000 would be contributed to the project in early 1999. Those funds will be provided from the Cable. TV fund and repaid by liquor profits over the period 1999-2001. The Mighty Ducks Grant may also provide an additional amount to the City of up to $125,000 in 1999 if the legislature provides funding for the program. The City is targeted to receive those funds if the legislature makes the appropriation. The most significant portion of the funding for this project would require the authorization and sale of Recreation Gross Revenue Bonds. The actual amount of the bonds to be sold in order to provide approximately $2,260,000 of proceeds needed would be roughly $2,450,000. The debt service for the bonds would be provided through Ice Arena revenues. However, any shortfalls between operations revenues and debt service payments would have to be provided through another dedicated source such as the general fund, future liquor profits or enterprise revenues. However, it must be noted that current levy limit law would not allow any additional special tax levy for the repayment of these bonds. Thus, any General Fund payment would have. to come within the City's base levy limit. Current projections reflect that. an annual operating shortfall of as much as $150,000 to $196,000 may exist. The amount of the actual shortfall will depend upon the actual amount of bonds sold, annual revenues for hours of ice rental and additional revenues or donations that can be secured. It is also staff's intention to seek other sources of funding which may become available to the City to write down the amount of bonding needed. The goal would be to reduce • the debt service to a position where it could be covered by annual Ice Arena revenues. • ~~t~ Staff will seek approval for the sale of the revenue bonds at a Council meeting in the near future after Council approval of the construction bids. Construction Schedule The next significant actions and estimated timetable for the project are reflected in the following schedule: • Award of bids • Order steel and pre-cast • Award of bids -Division 25 and 26 • Seek bond authority Council Action • Complete sale of bonds • Start Construction • Complete Construction February 8, 1999 Mid February, 1999 February 25, 1999 February 25, 1999 March, 1999 Week of March 29, 1999 September 30, 1999 Recommended Motion: The following City Council motion is recommended regarding construction .components of the second ice sheet addition to the Richfield Ice Arena: • Approve bid division 1 and award contract to Fabcon, Inc. for pre-cast wall panels in the amount of $268,311. • Approve bid division 2 and award contract to Gresser Concrete- for concrete/masonry in the amount of $213,055. • Approve bid division 3 and award contract to Thurnbeck Steel for structural steel supply in the amount of $169,212. • Approve bid division 4 and award contract to Thurnbeck Steel for metal fabrication supply in the amount of $2,268. • Approve bid: division 5 and award contract to Amerect, Inc. for steel erection in the amount of $48,295. • Approve bid. divisions 6 and 7 and award contract to JS Cates Construction- for carpentry material, installation and finish in the amount of $52,798. • Reject all bids for bid division 8. • Approve bid division 9 and award contract to Top-All Roofing for EPDM roofing/flashing and sheet metal in the amount of $79,370. • Approve bid division 10 and award contract to Contract Caulking for joint sealers in the amount of $3,084. • Approve bid division 11 and award contract to Gardner Hardware for H.M. doors, frames and hardware in the amount of $29,425. • Approve bid divisions 12 and 13 and award contract to Industrial Door Co. for overhead coiling doors and overhead sectional doors in the amount of $8,410. • Approve. bid division 14 and award contract to Minneapolis Glass for aluminum entrances/glazing in the amount of $15,500. • Approve bid division 15 and award contract to W. L. Hall Co. for insulated translucent skylight and wall panel system in the amount of $5,205. • Approve bid division 16 and award contract to Berg Drywall Inc. for gypsum drywall in the amount of $9,500. ~~ • Approve bid division 17 and award contract to Shaw Contract for the work in the amount of $4,500. • Approve bid division 18 and award contract to Twin City Acoustics for acoustical ceilings in the amount of $8,430. • Approve bid division 19 and award contract to Murray Floor for carpet/resilient flooring in the amount of $46;870. • Approve bid division 20 and award contract to Rainbow, Inc. for paint in the amount of $14,804. • Approve bid divisions 21, 22, and 23 and award contract to Construction Supply, Inc. for toilet compartments and accessories, louvers and miscellaneous specialties in the amount of $14,323. • Approve bid division 24 and award contract to Stadium Seating for bleacher seats and benches in the amount of $34,634. • Approve bid division 27 and award contract to Becker Arena for dasher boards in the amount of $95,304. • Approve bid division 28 and award contract to Egan Mechanical for mechanical in the amount of $295,000. • Approve bid division 29 and award contract to General Sprinkler for fire protection in the amount of $51,630. • Approve bid division 30 and award contract to TEC Electric for electrical in the amount of $188,700. Basis of Recommendation: 1. Total base bid packages are within budget estimates. 2. The lowest responsible bidders are qualified to perform the work. 3. Bidders have indicated they can perform the work within the construction schedule. 4. Proceeding with this contract package will require future bonding authority to pay for construction of this project. Alternative Recommendation: Council could reject or delay all bids. However, bids are within budget and can be performed according to the construction schedule. Rejection of bids or delays recommended here would delay the scheduled completion of the project. Discussion/Decision Mode: Council approval on February 8, 1999 is needed in order to meet the lead times necessary to complete the project on schedule. Re y submitted, Ja D. 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Council Letter No. 42 Agenda February 8, 1999 Issue Statement: Approval of the granting of a 3.2 malt liquor license to the Fourth of July Celebration Committee for the sale of beer and wine coolers in Veterans Park on July 3, 1999. Background: As part of the Fourth of July celebration, the July 3 street dance has been held in the VFW parking lot with the VFW obtaining the license to sell and dispense .beer outdoors. This year, with the vacation of the VFW building, the Fourth of July Committee wishes to move the July 3 street dance to Veterans Park and handle the sale and dispensation of beer and wine coolers. In order to sell and dispense the beer and wine cooler, the Committee must obtain a 3.2 malt liquor license. The committee has reviewed their plans for the event with the Community Services Commission and staff from Richfield Public Safety and addressed concerns regarding control of dispensation, security and containment in an outline (attached): Staff has consulted with the City Attorney regarding the need to make provisional, specific changes to the City ordinance that disallows alcoholic beverages in City parks without creating precedence. Recommended Motion: Approve the granting of a 3.2 .malt liquor license for the Fourth of July Committee and direct the City Attorney to prepare the necessary ordinance amendment to implement the request. Basis of Recommendation: 1. The Community Services Commission has approved the granting of the license based on information gathered from City of Richfield Public Safety staff, Recreation Services staff and the City Attorney and contingent upon the committee's commitment to safety, lawful practice and avoidance of nuisance (see attached outline). 2. The City Attorney will assist City staff with amending the current ordinance that prohibits alcoholic beverages in the parks. 3. The sale of the beer by the Fourth of July Committee will provide the committee with a much-needed source of revenue. Donations have decreased in recent years and the sale of beer at the street dance could generate approximately $8,000 to fund the celebration. :7 Si Alternative Recommendation: 1. Do not approve the granting of the license to the Fourth of July Committee. 2. Return the issue to the Community Services Commission for further study at their March meeting. 3. Table the issue until a future meeting. Discussion/Decision Mode: In order to continue timely planning efforts, including booking entertainment and arranging other goods and services, the Fourth of July Committee is requesting that the Council approve the granting of the license at the February 8 meeting. Respectfully submitted, James .Prosser City Manager JDP:cak 8 '~ RICHFIELD FOURTH OF JULY SATURDAY, JULY 3, 1999 STREET DANCE VETERAN'S MEMORIAL PARK OF RICHFIELD DETAILS ~~ ~~P~e~ ~,„,h: ss;c-~ ~~a+' Co.yi.n: ~~ee re~~,e~ f The request for a SPECIAL PERMIT to sell beer, vMiAa.aa~4 wine coolers by the Fourth of July Committee, Inc. is to continue the Street Dance as a part of the annual celebration. In addition the revenue received would provide financial support as the Committee continues to look for new ways of funding the annual 4th of July Celebration. Following are some of the details and items of concern: • The Insurance carrier is reviewing Dram Shop Insurance. • The request would be to sell beer,-~i+~ and wine coolers at Veteran's Memorial Park on Saturday, July 3, 1999, ONLY. The request for an ordinance change wouldn't include any other park locations. • The Street Dance isn't a new venue; in fact it has an established history at the VFW. The only change will be the Fourth of July Committee; Inc. will officially sponsor this event. This event would still be considered a family event. • Music and Concerts in Veteran's Memorial Park have occurred here over the past few years on Thursday evenings as Concerts in the Park, sponsored by the Recreation Services Dept. Volume levels are controllable through the contracted band and the contractor (Fourth of July, Inc.). • The committee would contract with Public Safety for the appropriate number of Officers. • The committee is working through Bill Fillmore to secure the beer, wifle and wine coolers. • There will be a controlled area (by snow fence) to the event, example people would enter at a given location(s) and exit at given locations. When they leave the controlled area, any alcoholic beverage would need to be left in the area. In other words people wouldn't be able to roam through the park with alcoholic beverages. • The picnic shelter will be used as the area to sell beer, wine and wine coolers. This will provide a controlled area for the actual sales. • People entering the picnic shelter wishing to purchase beer//wine coolers will be asked to provide appropriate I.D. and receive a wrist band that would be secured to their arm. This wristband will serve as identification for the remainder of the night as someone that has been appropriately carded. However, at anytime someone serving could ask for I.D. ~/ A • Someone wishing to purchase beverages will buy tickets at a controlled area where the person would also receive their wristband. • Bartenders would be oriented to watching for people that have had enough to drink and people that appear to be under age. • Clean up would need to occur immediately after the event because of the potential of trash blowing all over the park. • Park maintenance would provide some set up assistance. • LJ 7 CITY OF RICHFIELD, MINNESOTA Council Letter No, 4i Agenda February 8, 1999 Issue Statement: First reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. Background: City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance At the December 14, 1998 City Council meeting, the City Council authorized $525,000 of Special Revenue Funds for improvements to several City parks and other City capital improvements in 1999. In addition, the 1999 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including county funds, municipal state aid, user fees, federal grants- and state grants, fiowever, authorization by ordinance is not required for these. expenditures. While the total 1999 Capital Improvements Budgef (CIB) includes total budgeted expenditures of $29,503,000 the portion of CIB concerning proposed :funding from the Special Revenue fund is $525,000 as shown below: Playfeatures -Adams Hill $ 65,000 Tennis Court Improvements 35,000 .Park Shelter Improvements - Taft/Donaldson/Augsburg/Christian '`55,000 Ice Arena 2nd Sheet (repayment) 100,000 Asphalt Park Paths - Donaldson/Taft 80,000 Parking Lots -Lower City Hall, Community Center, Upper Donaldson Park 35,000 Traffic Calming 10,000 Public Safety Modular Furniture 105,000 Public Safety Building Security 40,000 A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. Recommended Motion: Approve first reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading hearing for March 8, 1999. • ~-~ Basis of Recommendation: • 1. On December 14, 1998, the City Council. approved the 1999 Capital Improvement Budget, which includes an expenditure of $525,000 of Special Revenue Funds for improvements to several City parks. 2. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 1999 so that the capital projects can be initiated on a timely basis, completed, and the fund expended. 3. In order for the timely start of the project under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on February 8 and a public hearing and second reading be completed at the March 8, 1999 City Council meeting. Alternative Recommendation: 1. The City Council could postpone the first reading of the transitory ordinance. to a future City Council meeting. 2. The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. • Discussion/Decision Mode: In order to proceed with improvements approved on a timely basis, first reading approval of this transitory ordinance would bedesirable on February 8, 1999 so that the public hearing and second .reading. could take place on March 8, 1999. Respectfully submitted, Jame .Prosser City Manager JDP:cak -~- BILL NO. . TRAN$IT~RY ORDINANCE NO. AN ORDINANCE. PROVIDING FOR .THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which. the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Playfeatures -Adams Hill $ 65,000 Tennis Court Improvements 35,000 Park Shelter Improvements - Taft/Donaldson/Augsburg/Christian 55,000 Ice Arena 2nd Sheet (repayments) 100,000 Asphalt Park Paths - Donaldson/Taft 80,000 Parking Lots -Lower City Hall, Community Center,Upper Donaldson Park 35,000 Traffic Calming 10,000 Public Safety Modular Furniture 105,000 Public Safety Building. Security 40,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this day of , 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA • Council Letter No . 40 Agenda February 8, 1999 Issue Statement: First reading of a transitory ordinance vacating Fremont Avenue right-of--way between West 73rd Street and unimproved Lake Shore Drive. Background: The property owners of 1300 West 73rd Street and 1220 West 73rd Street are petitioning to vacate right-of--way located between their two properties. The property is platted as Fremont Avenue, but a street was never constructed in this right-of-way; the constructed Fremont Avenue ends at 73rd Street. Public Works staff indicate that the City would not have an interest in constructing a street in the future. Wood Lake Nature Center staff have no interest in the property either. Recommended Motion: Adopt a resolution accepting a petition to vacate Fremont Avenue from 73rd Street to Lake Shore Drive (unimproved), approve first reading of a transitory ordinance vacating right-of--way, and set a public hearing and second reading for March 8, 1999. Basis of Recommendation: 1. The right-of-way is not needed for street, sidewalk or trail purposes. 2. A street has never been constructed in this right-of--way. 3. The petitioners have maintained the property for several years. 4. The additional land will enable one of the petitioners to build an addition onto his house. 5. Public Works, Public Safety and Wood Lake Nature Center staff find the right-of- way vacation acceptable. 6. The right-of-way is reserved in the plat for street purposes. The City does not hold title to the right-of--way so cannot sell the land. 7. There are no City utilities in the proposed vacated area. 8. Private utility companies have been notified of the proposed vacation. • ~~I Alternative Recommendation: i 1. Deny this vacation at first reading. 2. Refer the vacation to the Planning Commission. Discussion/Decision Mode: First reading is set for February 8, 1999. If approved, a public hearing and second reading will be scheduled on March 8, 1999. Respec Ily submitted, Jam .Prosser City Hager JDP:cak ;~ • ~a RESOLUTION NO. RESOLUTION AUTHORIZING RECEIPT OF STREET RIGHT-OF-WAY PETITION AND CALLING FOR PUBLIC HEARING (Fremont Avenue) WHEREAS, a petition has been filed with the City Clerk requesting the vacation of street right-of--way as described as follows: That part of Fremont Avenue South as platted between Blocks 3 and 4 of Irwin Shores described as beginning at the southwest corner of Lot 6, Block 3, Irwin Shores; thence westerly along the curved Southerly line of said Lot 6 extended Westerly to the Southeast corner of Lot 10, Block 4, Irwin Shores; thence Northerly along the East line of said Block 4 a distance of 266.91 feet; thence Southeasterly to a point on the West line of Block 3, distant 264.90 feet Northerly of the Southwest corner of said Lot 6; thence Southerly 264.90 feet to the point of beginning. WHEREAS, said petition complies in all respects with the requirements of Richfield Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The petition for vacation of Fremont Avenue right-of--way, between West 73rd Street and Lake Shore Drive (unimproved), is received. 2. A second reading and public hearing on the vacation in said petition shall be held on March 8, 1999. 3. The City Clerk is directed to publish notice of such hearing in the official newspaper of the City and post notice of said hearing in the manner provided by Richfield Ordinance. Adopted by the City Council of Richfield, Minnesota this 8th day of February, 1999. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk ~3 BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING STREET RIGHT-OF-WAY (Fremont Avenue) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land is subject to an easement for public right-of--way purposes: That part of Fremont Avenue South as platted between Blocks 3 and 4 of Irwin Shores described as beginning at the southwest corner of Lot 6, Block 3, Irwin Shores; thence westerly along the curved Southerly line of said Lot 6 extended Westerly to the Southeast corner of Lot 10, Block 4, Irwin Shores; thence Northerly along the East line of said Block 4 a distance of 266.91 feet; thence Southeasterly to a point on the West line of Block 3, distant 264.90 feet Northerly of the Southwest corner of said Lot 6; thence Southerly 264.90 feet to the point of beginning. (referred to herein as the "Vacated Area") Sec. 2. The two adjacent property owners have petitioned for vacation of the Vacated Area. Sec: 3. The Council finds that there will no longer be a public need for a right-of--way easement over the Vacated Area, as described in Section 1 of this Ordinance. Sec. 4. The easement over the Vacated Area, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this day of .1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • • ~. PETITION FOR VACATION OF STREETS, ALLEYS, AND PUBLIC GROUNDS ~-~f To: Richfield City Council We, the undersigned owners of land abutting /~~ ;, ~ ,,y~~~y petition that such be vacated by the City of Richfield. ~kGrtn.~tnro /~[~fITP_CS !rlsase nrsrt rle~r:-rl ,r ~~ * Signatures may not be removed after the petition is submitted to the City. T~ ~ ~ ,;:: I:::. ~:.~:.::. ;. t300 W. 73RD ST. ~ ~. ... . , I .~ ~ .... ... ' \ I _' I \ ~ I \~'•, ~. 1NOOD LAKE PARK AREA SHED ~ i ,~ I +W Z Z \ ~ J iu I \ ~ ~. , . i a ~ ~. J7~ WEST 73 d STREET STREET VACATION FREMONT AVENUE ~5 w WW '"' ~ ' ~ i ~ Q V Z m W Q t~L ~ ._. ... •. 1220 W. 73RD ST. 3~~ SITE PLAN ~ , .: • . PLAN N 1 NG ZO ~' ~~ .NORTH Comn~mltyD~relopmentDapar6~wnt SCALE: 1" = 40' DATE: 2-1-99 ~'~P .Fremont Avenue Street Vacation Wood Lake peke s QOn ~e i M Q _- t ~~~~Y ~~ ~= ~I; Right-of-way to be Vacated (unimproved Fremont Ave) 200 0 200 Feet A February 1, 1999 .se, CITY OF RICHFIELD, MINNESOTA Council Letter No. 39 Agenda February 8, 1999 Issue Statement: Consideration to increase the Wood Lake dredging contract with Veit & Company by $25,649.70 and to extend the contract completion date to July of 1999. Background: On December 9, 1996, a contract was signed between the City of Richfield and Veit & Company to dredge up to 180,000 cubic yards of muck from selected areas of the Wood Lake basin and remove an existing floating walkway. The project was designed to increase storm water retention, create a wider variety of habitat and provide for additional cleaning of storm water. Due to heavy snow early in the 1996-1997 winter season, ice on Wood Lake was not sufficient to support the heavy equipment necessary to complete the project. The project was therefore extended to include the upcoming winter season.- The same problem occurred during the winter of 1997-1998. In January 1998, the. contract was amended to include raising the westerly walking path by up to two feet. A contract change order is now needed to adjust the two-year-old contract for inflation and mobilization costs. The net effect of the change is an increase of $25,649.70. Recommended Motion: Authorize staff to amend the existing contract with Veit & Company for dredging Wood Lake to include Change Order #2 which increases the amount of the contract by • $25,649.70 and extends the completion date to July of 1999. Basis of Recommendation: 1. The project is in its third year and near completion. An adjustment for inflation is needed in order to extend the contract completion date. 2. Funds for this additional work are available through Richfield's Municipal State Aid (gas tax) construction account and may be accessed by adding it to the Wood Lake dredging project. Alternative Recommendation: Council could direct staff to not proceed with this improvement; however, to delay this action would leave the project incomplete. To defer the completion to a later date would increase the unit prices and salary and equipment costs. Discussion/Decision Mode: Staff is requesting approval for this contract amendment at the February 8, 1999 Council meeting. Respectfu submitted, Jame Prosser City M ager JDP:cak ~~ CITY OF RICHFIELD, MINNESOTA . Council Letter No . 3s Agenda February 8, 1999 Issue Statement: Resolution amending Appendix D related to bench permit fees for 1999. Background: At the December 14, 1998 regular City Council meeting Roland Danielson, representing the U.S. Bench Corporation, stated concerns about the proposed increase in the permit fee for courtesy benches. It was the consensus of the City Council that Appendix D would be considered for approval and the permit fee for courtesy benches could be suspended until further City Council review at a future meeting. For many years, the bench permit fee has been at $21 for the first year and $14.50 for renewal. The adopted 1999 bench permit fees, collection of which has been suspended, are $150 for the first year and $100 for renewal. Staff has consulted representatives of U.S. Bench Corp.., National Courtesy Bench and other metropolitan area cities to determine what a fair and reasonable fee might be. As a result of that research, staff is recommending a fee of $50 for the first year and $25 for each year thereafter. The two courtesy bench providers are in agreement with this fee. Recommended Motion: Adopt the attached resolution amending the established 1999 license, permit and miscellaneous fees pursuant to the provisions of Appendix D of the ordinance code. of the City of Richfield by changing the first year fee for bench permits from $150 to $50 and by changing the renewal fee for bench permits from $100 to $25. Basis of Recommendation: 1. The Council has suspended collection of the permit fee for courtesy benches approved in Appendix D until after further Council review. 2. The proposed change in bench permit fees is in keeping with the fees charged in the metropolitan area and is acceptable to the two companies currently providing courtesy benches in the City of Richfield. Alternative Recommendation: 1. Council may consider retaining the former Bench Permit fees. 2. Council may authorize collection of the adopted fees of $150 for the first year and $100 for each year thereafter. This will keep bench permit fees at the same rate as permits for excavating in right-of--ways. 3. Council may consider bench permit fees at rates other than those formerly collected, currently adopted or now being proposed. • ~~ ~ Discussion/Decision Mode: • The Council may amend the bench permit fees at any time. However, collection of fees has been suspended. Therefore, courtesy bench providers will not be able to renew permits until the fee is resolved. Respectfully submitted, James .Prosser City Ma ager JDP:cak • • 5~a RESOLUTION NO. • RESOLUTION AMENDING ESTABLISHED 1999 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be stated in Appendix D of the Ordinance Code of the City of Richfield. 2. The following shall be deleted from Section 2. Construction and Related Permit Fees and Charges: Type of Permit Section Or License Requiring Description Fee (22) Benches 805.01-805.27 First Year $150.00 Renewal $100.00 • 3. The following shall be added to Section 2. Construction and Related Permit Fees and Charges: Type of Permit Section Or License Requiring Description .Fee (22) Benches 805.01-805.27 First Year $50.00 Renewal $25.00 Passed by the City Council of the City of Richfield, Minnesota this 8th day of February, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 5A CITY OF RICHFIELD, MINNESOTA Council Letter No. 37 Agenda February 8, 1999 Issue Statement: Appointment to the 1999 Board of Equalization (Board of Review). Background: City Charter provides that the Local Board of Equalization shall consist of all of the City Council members and two Richfield residents experienced in real estate matters. The purpose of the Board is to hear appeals from the property owners concerning their property values. Mr. Larry Emond, 6325 Russell Avenue, has once again indicated his willingness to serve as a residential representative to the Board. He has been an independent property appraiser for over 25 years and has served on the Richfield Board of Equalization since 1983. Mr. Emond holds a Federal Appraisers License and is working primarily in conducting property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. Mr. Emond has been a Richfield resident for well over 30 years and is very knowledgeable of the City. His previous input on the Richfield Board of Equalization has been extremely valuable as determinations and appeals presented by Richfield citizens were considered. The second Richfield resident under consideration for appointment for the 1998 Board of Equalization is Glenn Erickson, 7240 Bryant Avenue. Mr. Erickson has been a resident of Richfield since 1950 and has been in the property appraisal business since 1951. He first served on the Richfield Board of Equalization in 1991.. His business has predominately included appraisal of single family residential, duplex and fourplex properties. The appraisals have included those for a mortgage loan business and a number of appraisal audits. Mr. Erickson currently holds both an appraisers and real estate brokers license. Like Mr. Emond, Mr. Erickson's previous service on the Richfield Board of Equalization has been very valuable.. It is recommended that the compensation for resident members be set at $55 per session or $22 per hour per session, whichever is greater. Recommended Motion: Approve the attached resolution confirming the appointment of Mr. Emond and Mr. Erickson to the 1999 Board of Equalization, at the proposed level of compensation stated herein. Basis of Recommendation: 1. Both Mr. Emond and Mr. Erickson are very knowledgeable and experienced in the areas of real estate appraisals. They are also both licensed appraisers. 5~~~ 2. Mr. Emond and Mr. Erickson have served on the Richfield Board of Equalization in the past and have done a very good job in that capacity. 3. It is required by City Charter that there be two resident representatives on the Board of Equalization who are knowledgeable in real estate matters. Alternative Recommendation: 1. The City Council could select other qualified individuals as expert resident representatives on the Board of Equalization, in place of either Mr. Emond or Mr. Erickson or both. Discussion/Decision Mode: It is requested that the City Council set the appointment of Mr. Emond and Mr. Erickson at the City Council meeting of February 8. The Board of Equalization.-will meet at 7:00 p.m. Monday, May 3, 1999. The appointment at the City Council meeting of February 8 ensures that City staff has adequate time to establish appointments to the Board. Respectfully submitted, Jame .Prosser City Hager JDP:cak 5R a RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson as 1999 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $55 per session of the Board or $22 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of February 1999. Martin J. Kirsch, .Mayor • ATTEST: Thomas P. Ferber, City Clerk ~-_..J