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07-13-98 agendaLc)5 • CITY OF RICHFIELD, MINNESOTA MONDAY, JULY 13, 1998 SPECIAL CITY COUNCIL MEETING 6:15 P.M. HEREDIA ROOM AGENDA CALL TO ORDER ROLL CALL 1. REVIEW OF APPLICATIONS FROM PERSONS INTERESTED IN SERVING ON CITY ADVISORY COMMISSIONS ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS • CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) SPECIAL JOINT CITY COUNCIUHRA/PLANNING COMMISSION/COMMUNITY SERVICES COMMISSION MEETING OF JUNE 15,1998; (2) SPECIAL CITY COUNCIL MEETING OF JUNE 16, 1998 (NO QUORUM); (3) REGULAR CITY-COUNCIL- MEETING OF JUNE 22,1998; AND (4) REGULAR CITY COUNCIL STUDY SESSION OF JULY 6, 1998 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. PRESENTATION OF STATE OF MINNESOTA CERTIFICATE OF COMMENDATION TO CITY OF RICHFIELD IN RECOGNITION OF SUCCESSFUL PARTNERSHIP EFFORTS WITH AIRPORT/RECREATION LANDS COORDINATING GROUP 2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUES 466.04 C.L. 145 _:..._B_ CONSIDERATION OF.APP.ROVAL..OF..RESOLUTION, QF._SUPP=ORT-,FOR.CITY TO SUBMIT APPLICATION,fOR LIVABLE COMMUNITIES' DEMONSTRATION PROGRAM PLANNING GRANT TO METROPOLITAN COUNCIL C.L. 146 C. CONSIDERATION OF APPROVAL OF AUTHORIZATION FOR CITY MANAGER TO EXECUTE WAIVER AND CONSENT. LETTER ,TO PERMIT LEONARD, STREET AND DEINARD TO REPRESENT WALSER AUTOMOTIVE GROUP C.L. 147 D. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1, 1997 TO DECEMBER 31, 1997, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 148 E. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR 1997 77TH STREET REDEVELOPMENT AREA MAINTENANCE, CITY PROJECT • NO. 922, AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 149 F. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR 1997 LHN REDEVELOPMENT AREA MAINTENANCE, CITY PROJECT NO. 923, AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 150 G. CONSIDERATION OF APPROVAL OF RESOLUTION DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1997 TO DECEMBER 31, 1997, CITY PROJECT NO. 924, AND RESOLUTION RESCINDING 1998 ALLEY MAINTENANCE SPECIAL ...ASSESSMENT--CITY -PROJECT NO: 943, AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 151 H. CONSIDERATION OF APPROVAL OF RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1999 MAINTENANCE ASSESSMENTS, 77TH STREET REDEVELOPMENT AREA, CITY PROJECT NO. 949, AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 152 1. CONSIDERATION OF APPROVAL OFRESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1999 MAINTENANCE ASSESSMENT, LHN REDEVELOPMENT AREA, CITY PROJECT NO. 948, AND SETTING DATE OF HEARING FOR SEPTEMBER 14, 1998 C.L. 153 J. CONSIDERATION OF APPROVAL OF RESOLUTION REGARDING AGREEMENT BETWEEN STATE OF MINNESOTA, STATE PATROL DIVISION, AND CITY OF RICHFIELD, PUBLIC SAFETY DEPARTMENT, PERTAINING TO OPERATION NIGHTCAP PROGRAM C.L. 154 K. CONSIDERATION OF APPROVAL OF ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE, ITINERANT PLACE OF AMUSEMENT LICENSE AND ITINERANT • FOOD LICENSE WITH FEE WAIVERS FOR CHURCH OF THE ASSUMPTION 1998 FUN FEST ON AUGUST 15 AND 16, 1998 C.L. 155 L. CONSIDERATION OF APPROVAL OF NEW RESIDENTIAL KENNEL LICENSE; 6301 LOGAN AVENUE; THREE DOGS C.L. 156 PUBLIC HEARING 5. -PUBLIC HEARING AND CONSIDERATION OF RESOLUTION REGARDING REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWIN HOME AT 7645 NICOLLET AVENUE COUNCIL LETTER NO. 157 PROPOSED ORDINANCES 6. CONSIDERATION OF RESOLUTION ACCEPTING PETITION BY TOLD DEVELOPMENT COMPANY TO VACATE SEWER EASEMENT AND FIRST READING OF TRANSITORY ORDINANCE VACATING SEWER EASEMENT AT _.MERIDIAN CROSSINGS COUNCIL LETTER NO. 158 7. FIRST READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF PROPERTY AT 6913, 6915, 6921, 6925, 6929, 6933 AND 6937 PENN AVENUE TO HRA FOR REDEVELOPMENT PURPOSES COUNCIL LETTER NO. 159 8. FIRST READING OF ORDINANCE AMENDMENT ALLOWING PROPERTIES FORMERLY ZONED AND USED AS INDUSTRIAL PROPERTY TO APPLY FOR TRANSITIONAL ACTIVITY PERMIT COUNCIL LETTER NO. 160 • ADMINISTRATIVE REPORTS AND OTHER BUSINESS 9. CONSIDERATION OF REQUEST BY VIKING PAINTS, OWNER OF 7721 PILLSBURY AVENUE, FOR WAIVER TO MORATORIUM ON DEVELOPMENT OF PROPERTY LOCATED WITHIN 1-494 STUDY AREA COUNCIL LETTER NO. 161 10. CONSIDERATION OF APPOINTMENTS TO ADVISORY BOARD OF HEALTH, COMM UN ITYSERVICES COMMISSION AND HUMAN RIGHTS COMMISSION COUNCIL LETTER NO. 162 AIRPORT BUSINESS 11. AIRPORT STATUS REPORT CORRESPONDENCE 12. LEGISLATIVE REPORT COUNCIL CHOICE 13. COUNCIL DISCUSSION ITEMS • 14. CLAIMS AND PAYROLLS 15. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 161 Agenda July 13, 1998 Issue Statement: Consideration of a request by Viking Paints, owner of 7721 Pillsbury Avenue, for a waiver to the moratorium on the development of property located within the 1-494 study area. Background: On October 27, 1997, the City Council passed a moratorium on development along 1- 494, from Pleasant to Cedar Avenues. The moratorium placed a limit of $25,000 on building improvements unless the improvements involved necessary building repairs. Viking Paints, located at 100 West 78th Street, purchased the adjacent property, 7721 Pillsbury Avenue, last fall. They made repairs to the building and have leased a portion of it to a vending company. They would like to use the remainder of the building for Viking Paints' offices, showroom and storage. In order to do this, they need to make additional building code-related improvements. Viking Paints estimates that they may need to spend up to $75,000 for the building improvements. Viking Paints is requesting a waiver to the $25,000 moratorium limit in order to make the improvements to the building and be able to occupy it. • The Council has the ability to grant a waiver to the moratorium limits in the cases of undue hardship and upon such conditions as the Council shall deem appropriate. The property is under consideration for rezoning from I (industrial) to C-2 (general commercial). Once the property is rezoned, Viking Paints would not be able to move into the building because that would constitute an intensification of a nonconforming use. The Council is considering an ordinance amendment that would allow Viking Paints to apply for a Transitional Activity Permit (TAP) to expand their use into 7721 Pillsbury Avenue. However, formal consideration of the TAP amendment is just beginning, and if approved, the amendment will not be effective until the end of September. Viking Paints is asking the Council to allow them to complete the work they have begun and establish their complete industrial use of the property before the rezoning becomes effective. Recommended Motion: Grant a waiver to Viking Paints to allow them to make improvements up to $75,000 to 7721 Pillsbury Avenue. Basis of Recommendation: 1. Viking Paints has begun making improvements to the building and would like to be • able to complete them before the moratorium expires and the property is rezoned to C-2 (general commercial). If they can't occupy the building before the property is rezoned, they will not be able to maintain its industrial classification. q-i 2. The proposed improvements will improve the building's condition. 3. The building has been used industrially in the past, and Viking Paints is seeking to make improvements that will allow them to continue to use it as industrial property. 4. The improvements include items that are building code-related, such as installation of a handicapped bathroom and sprinkler system, and will enable full occupancy of the building. 5. While the Comprehensive Plan designates this area for Regional Commercial/Office uses, there are no imminent plans for redevelopment of the area. Until such time that redevelopment is imminent, it is appropriate to allow property owners to continue to use and maintain their buildings. Alternative Recommendation: Deny the waiver. Discussion/Decision Mode: Consideration of this item is scheduled for the City Council meeting at 7 p.m. on Monday, July 13, 1998 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, 10 Ja Prosser ger JDP:ds • RICHFIELD CITY COUNCIL MEMBERS: -? Last summer we committed to the purchase of the 7721 Pillsbury property, but it took several additional months to clear this with the MPCA because of soil contamination caused by the previous users. We finally obtained a "letter of no association". Meanwhile, the City of Richfield passed its moratorium limiting improvements to $25,000. This property was in deplorable condition and had been on the market for over two years. With a lot of "sweat equity", some repairs, and some im- provements, we have transformed much of it into desirable space and have leased out the portions we don't want to occupy. However, in order to utilize part of it as industrial (which was its original class) it needs some further capital improvements which will exceed $25,000. We purchased it with the intent to move our offices and salesroom over there and for the storage of dry pigments, empty new containers, and other non-flammable materials. W49 u? a y ? :? rc?+A) n rrs i rl d us-w; a. All other activity will be conducted, as it always has been, at our pre- sent site at 100 W. 78th St. We need to access the east side of 7721 Pillsbury from the west side of 100 W. 78th St. which is directly adjacent. We have retained an archi- tect to accomplish this and the other projected improvements and this may take an additional $50,000 beyond the $25,000 moratorium, and we have pro- vided a listing of these improvements and their estimated costs. To comp- plete this work may extend beyond September 1988. We are proud of the fact that we are a 34 year old"home grown" company with an excellent reputation and an absolutely mimimal burden upon the city and its resources. We respectfully ask for your consideration of our request to make $75,000 in capital improvements. Yours truly David E. Eriksen, President Viking Paints Inc. PROPOSED CAPITAL IMPROVEMENTS AND ESTMATED COSTS 1. Unisex handicap approved bathroom $12,000 2. One overhead door inset 5 ft. from the property line including walls and platform. $5,000 3. 2 personnel doors and steps for one to s ve as fire exits $2,5001. 4. Sprinklering the area we occupy $15,000 5. Permanent interior divider walls $3,200 6. Motion and fire detection monitoring equipment $2,500 7.. Heating and air conditioning of offices $15,000 8. Cost overruns @15Z $9,780 9. Architect and survey fees and permits $10,000 y TOTAL .$74,980 E 0 7721 PILLSBURY AVENUE MORATORIUM WAIVER 9-4 134.27' 134.27' 1 I w ' Z *- w N Q I- c = CV 1 V/ J J FL SUBJECT PROPERTY VIKING PAINTS I ,TJ ? I 100 WEST I __ -- - 1- _ 78TH STREET 1-494 I i I i I w z w Q O r Z w 3 • . PLANNING ZONING NORTH Com?nltyDcvelapmerrtDogartrewiR SCALE: 1" = 50' DATE: 6-26-98 ,1 1 C FLAN CITY OF RICHFIELD, MINNESOTA Council Letter No. 162 Agenda July 13, 1998 Issue Statement: Consideration of appointments to the Advisory Board of Health, Community Services Commission and Human Rights Commission. Background: In January 1998, the City Council made several appointments to the City's advisory commissions. Due to resignations, one vacancy has occurred on each of the following commissions: Advisory Board of Health, Community Services Commission and Human Rights Commission. Persons who were interviewed but not appointed in January were contacted in June 1998 regarding their continued interest in serving on a City advisory commission. Applications previously submitted by those persons who expressed a continued interest were reviewed at a Special City Council meeting on July 13, 1998. Appointments will be approved at the July 13 regular City Council meeting. Recommended Motion: is Appoint one person to fill the unexpired term on each of the following advisory commissions: Advisory Board of Health, Community Services Commission and Human Rights Commission. Basis of Recommendation: 1. In order to ensure a quorum for future meetings, appointments to the commission should be made at this meeting. Alternative Recommendation: 1. Defer the appointment to a later Council meeting. Discussion/Decision Mode: This item is placed on the July 13, 1998 agenda for Council consideration. The appointments will begin immediately. Respectfully submitted, James D rosser City Ma ager 0 JDP:cak • • • 00 M r ti N W_ V Z Q V Q Z O U) U) O V U C U r F- J W U. O O Q O 00 O N T- 01) O O CY) O O 0) O N ?- N r r r M M M ca c6 ftf :3 M C C C ca (C T U C U to r i Z O N N O V CO) W V w U) z O (L) U C co U ca r Z N CO) O V 0 w z Q S • CITY OF RICHFIELD, MINNESOTA Council Letter No. 160 Agenda July 13, 1998 Issue Statement: First reading of an ordinance amendment allowing properties formerly zoned and used as industrial property to apply for a Transitional Activity Permit. Background: On April 13, 1998, the City Council conducted a second reading of the 1-494 rezonings. The Council tabled its discussion of the rezonings and asked staff and the Planning Commission to reconsider the impact of the rezonings on existing uses and properties. The Planning Commission reviewed several options and decided to rework the existing Transitional Activity Permit (TAP) process that exists in the C-3 (high density commercial) zoning district. The TAP was developed in the C-3 district to allow for interim or transitional uses in the ILN District until high density development were to take place. The proposed ordinance amendment would allow owners of industrial property to apply for a TAP that would allow interim or transitional activities to take place in the C-2 district until the goals of the Comprehensive Plan are realized. The TAP recognizes • that it may be several years before the 1-494 area will develop in a manner consistent with the Comprehensive Plan. In the meantime, nonconforming industrial uses can continue to exist and be extended or expanded if certain standards are met. Several conditions must be met in order to grant a TAP. In addition, the Council would have the ability to place conditions on approval of a TAP. Recommended Motion: Approve first reading of an ordinance amendment establishing the Transitional Activity Permit in the C-2 zoning district, and set a public hearing and second reading for August 10, 1998. Basis of Recommendation: 1. The City Council requested that additional flexibility be given to property owners to allow them to use their property until the goals of the Comprehensive Plan can be realized. 2. The Transitional Activity Permit allows industrial property owners to extend or expand an existing industrial use until the goals of the Comprehensive Plan can be realized. 3. The Transitional Activity Permit establishes criteria that must be met for a • nonconforming industrial use to be allowed to expand or be extended. 8-1 4. The moratorium on development will expire in September 1998. It is appropriate to move forward with the rezonings and ordinance amendment before the moratorium period expires. 5. On June 23, 1998, the Planning Commission voted 7-1 to recommend approval of the ordinance amendment. 6. Industrial users were invited to the Planning Commission meeting where the proposal was discussed. Some owners attended and participated in the discussions. Alternative Recommendation: 1. Deny this amendment at first reading. 2. Recommend changes to the amendment. Discussion/Decision Mode: First reading is set for July 13, 1998. If approved, a public hearing and second reading will be scheduled on August 10, 1998. Respectfully submitted, Jam rsD. Prosser City Manager JDP:ds • 01- BILL NO. AMENDMENT TO SECTION OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 526 of Appendix B of the ordinance code of the City of Richfield is amended by adding subsection 526.63 as follows: 526.63. Transitional activity permits. Subdivision 1. Purpose. A goal of the City's Comprehensive Plan is to gradually phase out industrial zoning in the City. The Council recognizes that the transition from industrial to commercial uses will occur over time and may require an extended period of transition to be fully realized. The Council further recognizes that it may be appropriate and desirable to permit, subject to the conditions and limitations of this subsection, the owners of lands within the C-2 District, that were zoned and used industrially prior to , 1998, to engage in certain interim activities with respect to the land, the structures or the uses during the transition period which will both permit existing industrial development within the C-2 District to remain viable but which will not have the effect of either delaying the transition or increasing the public costs connected with such transition. This subsection is intended to authorize the approval of certain transitional activities as interim uses in accordance with state law, to establish the circumstances under which certain transitional activities may take place, and to set forth the regulations, limitations and conditions applicable to such activities. Subd. 2. Transitional activities. The extension or expansion of nonconforming industrial uses in the C-2 district shall be referred to as transitional activities. Subd. 3. Permit required. It shall be unlawful for the owner or occupier of any land within the C-2 District to engage in any transitional activity without having first obtained a permit to do so. It shall be unlawful for the owner or occupier of such land to engage in any transitional activity in contradiction to the terms and conditions of any issued transitional activity permit. Subd. 4. Application for a transitional activity permit shall be made to the Director on forms provided by the City and shall contain or be accompanied by the following: a) a site plan drawn to scale showing the dimensions of the parcel and the dimensions and locations of all structures; b) in instances where the site is to be utilized in connection with a use or structure located on a contiguous parcel, the site plan shall contain the same detail for the contiguous parcel; c) the proposed uses; d) the proposed modifications, alterations, renovations or improvements to be made in connection with the transitional activity, and the estimated cost of each; e) the time for completion of all modifications, alterations, renovations or improvements; 9 83 f) evidence of ownership or interest in the property; g) the fee specified in Appendix D of the City Code; and h) estimated market value before and after, the change in taxes before and after, and change to potential cost of public development. Subd. 5. Public hearing. The provisions of subsection 526.43, Subd. 5 shall be applicable to public hearings concerning the issuance of transitional activity permits. Subd. 6. Criteria and standards. A transitional activity permit shall not be granted unless the Council makes the following findings: a) the transitional activity is in connection with a property that was zoned and used as industrial prior to , 1998. b) the transitional activity is in connection with an industrial use that was either permitted or conditional in the I district; c) the transitional activity will maintain the vitality and economic success of the applicant's business during the transition period of the industrial property to commercial uses; d) the transitional activity will not have an adverse impact upon development of land within the C-2 District in the manner intended for the district under the City's land use regulations or its Comprehensive Plan; e) the transitional activity will not materially increase the potential public cost of development within the C-2 District because of significant increases in the land and building value; and • f) the transitional activity will be compatible with surrounding uses, will have no adverse impact upon surrounding properties, and will be in full compliance with all performance standards and requirements contained in this code applicable to uses and structures in the I District. Subd. 7. Duration of permit. Any transitional activity permit granted by the Council shall state on its face the date or event that shall result in the expiration of such permit. Any transitional activity may be terminated by a change in zoning regulations. Subd. 8. Conditions. In approving a transitional activity permit the Council may place conditions and limitations upon the permit which, in the Council's discretion, will assure: a) that the transitional activity will be compatible with surrounding uses; b) that the activity is merely of a transitional nature and will not impede the orderly transition from industrial to commercial uses in the C-2 District; and c) that the public costs occasioned by the ultimate development of former industrially zoned property in the C-2 District will not be materially increased as a result of the transitional activity. Subd. 9. Revocation. The City may revoke any transitional activity permit granted under this subsection upon violation of any condition of the permit, any law of the United States or the State • of Minnesota, or any ordinance of the City. The procedure to be followed in considering such 8-y action shall be the same as the procedure described in Subsection 546.05, Subds. 12-13 of this code. Subd. 10. Permit not assignable. The right to engage in transitional activities shall be the personal right of the person(s) named on the permit. Transitional activity permits may not be transferred or assigned to another even though such other person or entity may succeed to permittee's interest in the land. The permit shall terminate upon such transfer or assignment, and permittee's successor in interest in the land shall not engage in any transitional activity until such successor has obtained a new transitional activity permit. Passed by the City Council of the City of Richfield, Minnesota this day of , 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk U CITY OF RICHFIELD, MINNESOTA Council Letter No. 159 Agenda July 13, 1998 Issue Statement: Consideration of a first reading of a transitory ordinance to authorize the sale of property at 6913, 6915, 6921, 6925, 6929, 6933, and 6937 Penn Avenue to the HRA for redevelopment purposes. Background: The HRA is responsible for carrying out redevelopment within the City. It would be appropriate at this time to have the HRA assume the responsibility for the redevelopment of this property which is to include townhouses and a "dry" stormwater collection pond. The HRA would then sell the property to a developer. The HRA would purchase the property from the City for one dollar. The HRA would then negotiate a contract with a developer. The contract negotiations will determine the amount of land proceeds. The developer would construct the stormwater pond. The cost of that construction would be a credit to the developer against the cost of the land. It would be to the intent of the HRA to return to the stormwater utility the net proceeds of sale, if any (the stormwater . utility has funded the property purchases). The City Council will have the opportunity to review the total redevelopment concept at such time that the selected developer applies for a conditional use permit. Recommended Motion: Conduct first reading of a transitory ordinance authorizing the sale of property located at 6913, 6915, 6921, 6925, 6929, 6933, and 6937 Penn Avenue, contingent upon the City's acquisition of private property at 6915 and 6937 Penn Avenue, further described in the attached ordinance; and set a public hearing and second reading of the transitory ordinance for August 10, 1998. Basis of Recommendation: 1. The HRA is the appropriate body to administer the redevelopment process. 2. Initiating the transitory ordinance land sale process at this time is appropriate from a timing perspective. 3. The redevelopment concept for townhouses and a "dry" stormwater collection pond is appropriate for the site and has received positive feedback from the . property owners and the neighborhood. I,?-] • Alternative Recommendation: Do not undertake a transitory ordinance for the land sale at this time. However, this would impede the schedule for redevelopment of the site area. Discussion/Decision Mode: As noted in the ordinance, the sale is contingent upon the City securing title to the two remaining properties. Staff continues to work toward a negotiated purchase of these two properties. However, with each property there are complications which may prevent this. Therefore, taking title through condemnation may be necessary. Through condemnation, the City would have title by the end of September. The first reading of the transitory ordinance at this time will expedite the redevelopment of the property. A public hearing and second reading of the transitory ordinance is proposed to be held on August 10, 1998. Publication of the transitory ordinance would occur shortly thereafter and would be effective 30 days after publication. A land sale transaction to a prospective developer could not occur until after the effective date, anticipated to be September 9, 1998. Respectfully submitted, Ja a D. Prosser City anager JDP:cak BILL NO. 1998-_ TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA 6913, 6915, 6921, 6925, 6929, 6933 AND 6937 PENN AVENUE SOUTH, The City of Richfield Does Ordain: Section 1: The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: 6913 Penn Avenue - Lot 20, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6915 Penn Avenue - Lot 19, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6921 Penn Avenue - Lot 18, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6925 Penn Avenue - Lot 17, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6929 Penn Avenue - Lot 16, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6933 Penn Avenue - Lot 15, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition; 6937 Penn Avenue - Lot 14, Block 10, Tingdale Bros. Lincoln Hills 2nd Addition. Section 2: Subject to the City's acquisition of all the parcels described in Section 1, the Mayor and City Manager are hereby authorized to take all actions as required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Adopted by the City Council of the City of Richfield, Minnesota this day of , 1998 by the Richfield City Council. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 6 CITY OF RICHFIELD, MINNESOTA Council Letter No. 158 Agenda July 13, 1998 Issue Statement: First reading of a transitory ordinance vacating a sewer easement at Meridian Crossings. Background: An old storm and sewer utility easement is located on the Meridian Crossings property. These utilities were abandoned and removed with the construction of the office development. As TOLD prepares to close on Phase I with their take-out buyer, the title company is asking that the old easement be vacated. Recommended Motion: Adopt a resolution accepting the petition by TOLD Development Company to vacate a sewer easement; approve first reading of a transitory ordinance vacating a sewer easement at Meridian Crossings; and set a public hearing and second reading for August 10, 1998., Basis of Recommendation: 1. The easement is no longer needed for utility purposes; the utilities were abandoned and removed prior to construction of Meridian Crossings. 2. TOLD is preparing to sell Phase I to the take-out buyer and the title company is requiring that the easement be vacated. Alternative Recommendation: 1. Deny this vacation at first reading. 2. Refer the vacation to the Planning Commission. Discussion/Decision Mode: First reading is set for July 13, 1998. If approved, a public hearing and second reading will be scheduled on August 10, 1998. Respectfully submitted, Ja D. Prosser Ci anager 0 JDP:ds 6-/ RESOLUTION NO. • RESOLUTION AUTHORIZING RECEIPT OF STREET RIGHT-OF-WAY PETITION AND CALLING FOR PUBLIC HEARING (MERIDIAN CROSSINGS SEWER EASEMENT) WHEREAS, a petition has been filed with the City Clerk requesting the vacation of a sewer easement described as follows: An easement for the construction, operation, maintenance, and repair of a sanitary sewer main under, over, and across a strip of land 30 feet in width being 15 feet on each side of the following described line: Commencing at the intersection of the West line of the East 1 /4 of the Southwest 1 /4 of the Southeast 1 /4 of Sec 33-28-24 with the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of said section; then Westerly at an angle of 4 degrees 21 minutes North of due West a distance of 330.1 feet; then Northerly at an angle of 5 degrees, 23 minutes South of due West a distance of 241 feet; then Southerly at an angle of 40 degrees 56 minutes South of due West to the East line of the West 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 33-28-24; and WHEREAS, the above described easement was granted to the City by an insturment dated October 13, 1953, filed October 14, 1953 as Document No. 2838854; and • 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 the sewer easement in Meridian Crossings is received. 2. A public hearing on the vacation in said petition shall be held on August 10, 1998. 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 the City of Richfield, Minnesota this 10th day of August, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk ? -a BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING A SEWER EASEMENT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land has been dedicated to the public for utility easement purposes: An easement for the construction, operation, maintenance, and repair of a sanitary sewer main under, over, and across a strip of land 30 feet in width being 15 feet on each side of the following described line: Commencing at the intersection of the West line of the East 1/4 of the Southwest 1/4 of the Southeast 1/4 of Sec 33-28-24 with the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of said section; then Westerly at an angle of 4 degrees 21 minutes North of due West a distance of 330.1 feet; then Northerly at an angle of 5 degrees, 23 minutes South of due West a distance of 241 feet; then Southerly at an angle of 40 degrees 56 minutes South of due West to the East line of the West 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 33-28-24. Sec. 2. The above described easement was granted to the City by an instrument dated October 13, 1953, filed October 14, 1953 as Document No. 2838854. Sec. 3. The fee owner of abutting land, TOLD Development Company, has petitioned for the vacation of the sewer easement as described in Section 1 of this ordinance. Sec. 4. The Council finds that there is no longer a public need for a utility easement over that portion of property as described in Section 1. Sec. 5. The utility easement over that portion of property, 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 , 1998. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk MERIDIAN' CROSSINGS Q SEWER EASEMENT VACATION (y3 z W ?-- 76TH ST. ? j__J - r- -- QI Q ?? %% Z 'S ' p i ? O LO 1 U) W 1 1 ? t 1 ' ? ? ysr t SEWER EASEMENT 000 t i t t 1-494 SITE PLAN Ah l-" ? PLANNING ZONING NORTH Community Devek);x ermt Dopartnmfant SCALE: 1" = 200' DATE: 6-25-98 CITY OF RICHFIELD, MINNESOTA Council Letter No. 157 Agenda July 13, 1998 Issue Statement: Public hearing regarding a request for a conditional use permit to allow construction of a twin home at 7645 Nicollet Avenue. Background: The applicant, Mahoney Construction, is proposing to purchase 7645 Nicollet Avenue from the Housing and Redevelopment Authority and construct a twin home on the property. The properly has been vacant since the City purchased it for the 77th Street road construction project. At the time, the property was zoned commercially and occupied by a video store. Because the parcel is now separated from the commercial area by 77th Street and the sound wall, the remaining parcel was rezoned to MR-1 (two family residence). Twin homes require a conditional use permit in the MR-1 district. The two units would be owned separately. Each two-story unit would have approximately 1,250 square feet of living area on the second level, three-bedrooms, additional unfinished lower level space, and a two-car, attached garage. One curb cut is provided to the site to limit the amount of pavement and to provide access at a farther distance from the intersection of 77th Street and Nicollet Avenue. Recommended Motion: Approve the conditional use permit to allow construction of a twin home at 7645 Nicollet Avenue with the following stipulations: 1. That separate utility services be provided to both units. 2. That an easement be recorded to allow use of a shared curb cut. 3. That a Declaration of Covenants, Conditions and Restrictions be prepared and recorded. 4. That a subdivision waiver be approved for the property split. 5. That the conditional use permit resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis of Recommendation: 1. The proposed development meets the conditions required by the Zoning Ordinance for a twin home. 0 5-I 2. The property is appropriately developed as housing given its location to the north of the screen wall. 3. The proposed two-unit development is consistent with the Comprehensive Plan designation of high density single family attached housing. 4. Landscaping will be required under Contract for Private Development the builder will sign with the City to purchase the property. 5. Notice of the hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. 6. On June 23, 1998, the Planning Commission voted unanimously to recommend approval of the conditional use permit. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion/Decision Mode: A public hearing is scheduled for 7 p.m. on Monday, July 13, 1998. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. • Respectfully submitted, a s D. Prosser i Manager JDP:ds is RESOLUTION NO. 5a RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT 7645 Nicollet Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a twin home on land generally located at 7645 Nicollet Avenue South, legally described as: The northerly 8 feet of Lot 9 and all of Lot 10 in Block 4, A.G. Bogen Company's Nicollet Avenue Addition WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for a twin home, as described in City Council Letter No. , on the Subject Property legally described above. 2. The conditional use permit is subject to completing the following conditions: • That separate utility services be provided to both units. • That an easement be recorded to allow use of a shared curb cut • That a Declaration of Covenants, Conditions and Restrictions be prepared and recorded. • That a subdivision waiver be approved for the property split. • That this resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: P-.? Thomas P. 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Background: On June 10, 1998, Melanie Cooper submitted an application for a residential kennel license. She owns three dogs. Ms. Cooper's application had all contiguous property owners' signatures on it. On June 24, 1998, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. • Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Cooper has been able to do this. Alternative Recommendation: The Council could decide to deny Ms. Cooper's residential kennel license. This would mean that she would have to reduce the number of dogs she has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Melanie Cooper, 6301 Logan Avenue, is presented for Council consideration at this time. Res ec ly submitted, Ja D. Prosser City Manager JDP:ds q K CITY OF RICHFIELD, MINNESOTA Council Letter No. 155 Agenda July 13, 1998 Issue Statement: Request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, itinerant place of amusement license and an itinerant food license for the 1998 Fun Fest to be held August 15 and 16, 1998. Background: On June 1, 1998, Church of the Assumption submitted a request for a temporary license to serve 3.2 percent malt liquor, an itinerant place of amusement and an itinerant food license for August 15 and 16, 1998. They are requesting that any fees be waived. Recommended Motion: Approve the three licenses with fees waived for August 15 and 16, 1998 for Assumption's 1998 Fun Fest. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to these licenses. 0 2. The applicant will supply liquor liability insurance coverage as soon as possible. 3. The City has previously issued these licenses in conjunction with the Assumption Fun Fest. Alternative Recommendation: The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted these licenses in conjunction with the Assumption Fun Fest. Discussion/Decision Mode: Approve the request by Church of the Assumption for an on-sale 3.2 percent malt liquor license, itinerant place of amusement license and an itinerant food license with a fee waiver for the 1998 Fun Fest to be held August 15 and 16 1998. Respectfully submitted, a D. Prosser Manager 0 JDP:ds U5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 154 Agenda July 13, 1998 Issue Statement: Consideration of a resolution regarding an agreement between the State of Minnesota, State Patrol Division of the Minnesota Department of Public Safety (hereinafter called the STATE) and the City of Richfield, Public Safety Department, pertaining to a program entitled Operation NightCAP. Background: The City Council has in the past approved the use of grant funds by the Richfield Public Safety Department for the Safe & Sober Communities program. The Operation NightCAP program is another phase of the Safe & Sober Communities program. The department has again been notified that a grant in the amount of $560.00 is available for the purpose of payment to officers for overtime. This overtime would be used by the officers only on specific enforcement projects and programs which the department outlined in the application. Richfield has some of the highest traffic volumes in the State due to being bounded on three sides by major highways and being bisected by 1-35W. Additionally, Penn, Lyndale, Nicollet and Portland Avenues carry large amounts of traffic going into and out off Minneapolis. Because of frequent traffic congestion on these routes, motorists routinely use residential streets in an attempt to by-pass congested areas. This results in a myriad of traffic violations and occasional accidents. Operation NightCAP funds will be used for overtime identification and enforcement of these traffic concerns in addition to D.U.I. enforcement, underage alcohol usage and safety restraint usage. Recommended Motion: Council approval of the attached resolution authorizing the acceptance of grant funds to be used for the payment of overtime for officers involved in the Operation NightCAP program. Basis of Recommendation: 1. Approval of the resolution would allow interested officers to be paid overtime for work on the project beyond the normal range of their duties. 2. Traffic enforcement and accident reduction are a primary focus of the Public Safety Department. Due to routine call loads, regularly scheduled officers frequently are unable to devote adequate time to these areas. Approval of the resolution makes available needed funds to cover costs associated with focusing on these areas. 3. This will be the third year of involvement in the Safe & Sober program. (9 qjI I Alternative Recommendation: Council could disapprove the resolution which would void said agreement. Discussion/Decision Mode: Council approval of the resolution authorizing the acceptance of grant funds from the State Patrol Division of the Minnesota Department of Public Safety is requested by the City of Richfield, Public Safety Department, Police Division. Respectfully submitted, Jam D. Prosser City anager JDP:ds • 0 L4 J- 0, 0 RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS WHEREAS, the Governor has designated the State of Minnesota, Minnesota Department of Public Safety, State Patrol Division (hereinafter called the STATE) as the agency responsible for administration of a program entitled Operation NightCAP; and WHEREAS, the STATE is authorized to make contracts from State funds to qualified applicants; and WHEREAS, the City of Richfield, Public Safety Department (hereinafter called the GRANTEE), is authorized to accept State funds for overtime for traffic enforcement programs; and WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks described above. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a cooperative agreement with the State Patrol Division of the Minnesota Department of Public Safety for the program entitled Operation NightCAP. James D. Prosser, City Manager, is hereby authorized to execute such agreements as are necessary to implement the program on behalf of the City of Richfield, Department of Public Safety. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk E q3-3 0 • Accounting Information: STATE OF MINNESOTA GRANT CONTRACT Agency: P07 Fiscal Year: 1998 Vendor Number: 016882006 00 Total Amount of Contract: $560.00 Amount of Contract First FY: $560.00 Commodity Code: Object Code: 5B00 Accounting Distribution 1 Commodity Code: Object Code: Accounting Distribution 2: Commodity Code:. Object Code: Accounting Distribution 3: Fund: 300 Fund: Fund: Appr: 538 Appr. Appr: Org/Sub: 5153 Org/Sub: Org/Sub: Rept Cat: 1408 Rept Cat: Rept Cat: Amount: $560.00 Amount: Amount: Processing Information: (some entries may not apply) Requisition: 5000-347/6-12-98/DJL Orders: 5000-448/6-12-98/DJL number/ date /entry initials number/ date /entry initials (Individual signing certifies that funds have been encumbered as required byAlS §16A15) NOTICE TO GRANTEE: You are required by Minnesota Statutes, section 270.66 to provide your social security number or federal employee identification number and Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This grant contract will not be approved unless these numbers are provided. These numbers will be available to federal and state tax authorities and state personnel involved in approving the grant contract and the payment of state obligations. Grantee Name and Address: Citv of Richfield, Police Department 6700 Portland Avenue South Richfield, MN 55423 Social Security or Federal Employer I.D. No. Minnesota Tax I.D. No. (if applicable) THIS PAGE OF THE GRANT CONTRACT CONTAINS PRIVATE INFORMATION. EXCEPT AS DEFINED ABOVE, THIS PAGE SHOULD NOT BE REPRODUCED OR DISTRIBUTED EXTERNALLY WITHOUT EXPRESS WRITTEN PERMISSION OF THE GRANTEE. If you circulate this grant contract internally, only offices that require access to the tax identification number 40 AND all individuals/offices signing this grant contract should have access to this page. LAJ--1 THIS GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Department of Public Safety. State Patrol Division (hereinafter "STATE") • and City of Richfield. Police Department, address 6700 Portland Avenue South. Richfield. MN 55423 (hereinafter "GRANTEE"), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute 4.075 is empowered to act as the gppropriate agency responsible for the administration of the state's highway safety program and. consistent with state law, may contract and cooperate with, and act as agent for state and federal agencies political subdivisions and public and private organizations in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments or regulations thereto to the end that available federal money and other benefits for such purposes may be obtained; and WHEREAS, the STATE is in need of county and local law enforcement agencies' participation in an alcohol saturation program designed to arrest impaired drivers (Operation Nil;htCAP); and WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein; NOW, TBEREFORE, it is agreed: I. GRANTEE'S DUTIES GRANTEE shall: A. Coordinate alcohol saturation events with the STATE's district authorized representative • (see Clause VI of this grant contract) during the period January 1, 1998 through September 30, 1998. Saturation events shall include, but are not limited to: 1. St. Patrick's Day Saturation on March 17, 1998, providing two (2) officers. B. Assist the STATE's district authorized representative in identifying qualified law enforcement officers within GRANTEE's agency who have a demonstrated proficiency and interest in arresting impaired drivers, and who will be active participants in this program. All law enforcement officers participating in this program shall be licensed as provided by law. C. Provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster" labeled Attachment A of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. Reimbursement will be made only for hours worked above and beyond regular duty shifts. D. Review GRANTEE's Officer Activity Reports and Daily Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events_ and GRANTEE will work with the STATE's district authorized representative to replace • such officers with qualified officers. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 1 qj-_?S- E. Complete and submit all required paperwork following each saturation event including, but • not limited to, Officer Activity Reports and Invoices to the STATE's district authorized representative within seven (7) working days following each saturation event. F. Coordinate and participate in public information and media efforts with the STATE's district authorized representative as a part of each saturation event. G. GRANTEE acknowledges that all law enforcement officers participating in this program are Standard Field Sobriety Testing (SFST) trained. GRANTEE must provide proof of training for each officer not currently qualified before such officer(s) will be allowed to participate in the program. H. GRANTEE shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant contract and shall provide all necessary insurance for them. I. GRANTEE law,enforcement officers, while on duty under this grant contract, are employees of the GRANTEE and not employees of the STATE or Federal government. II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant contract shall • be reimbursed by the STATE as follows: 1. Reimbursement shall be made to GRANTEE for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause I of this grant contract. This reimbursement shall be at the overtime rate stated for each officer as stated on Attachment A of this grant contract, and shall not exceed the total amount of this grant contract. 2. Reimbursement will be made only for hours worked over and above regular duty shifts. 3. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE in performance of this grant contract in an amount not to exceed Zero Dollars ($0.00); provided, that GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Non-managerial Unrepresented Employees Plan" promulgated by the Commissioner of Employee Relations. GRANTEE shall not be reimbursed for travel and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the STATE. No reimbursement shall be made for salary costs incurred in traveling to and from saturation events. The total obligation of the STATE for all reimbursements to GRANTEE for participation in - this program shall not exceed Five Hundred Sixtv Dollars ($560.00). • Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 2 B. Terms of Payment. 1. Payments shall be made by the STATE promptly after GRANTEE's presentation of invoices for services performed and acceptance of such services by the STATE's authorized representative pursuant to Clause VI of this grant contract. Invoices shall be submitted in a form prescribed by the STATE and according to the following schedule: GRANTEE shall invoice the STATE using the invoice form (sample attached) within seven (7) working days following each saturation event. Invoices are to be submitted directly to the STATE's district authorized representative. 2. Final claim for reimbursement must be submitted no later than October 15, 1998. 3. The STATE shall reimburse GRANTEE only after costs have been incurred by GRANTEE. All invoices for reimbursement must be supported by written documentation including, but not limited to, the Officer Activity Reports (sample attached). 4. (When applicable) Payments are to be made from federal funds obtained by the STATE through the National IE hway Safety Act of 1966 (Public Law 89-564) and amendments thereto. If, at any time, such funds become unavailable, this grant contract shall be terminated immediately upon written notice of such fact by the STATE to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, • determined on a pro rata basis, for services satisfactorily performed. 5. There will be no holiday pay. III. CONDITION OF PAYMENT All services provided by GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERMS OF CONTRACT This grant contract shall be effective on Januar r 1, 1998, or upon the date that the final required signature is obtained by the STATE, pursuant to MS § 16B.06, subd. 2, whichever occurs later, and shall remain in effect until September 30, 1998, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION This grant contract may be canceled by the STATE or GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. • Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 3 T?-? VI. STATE'S AUTHORIZED REPRESENTATIVES The STATE's authorized representative 40 for the purposes of administration of this grant contract is Debbie Lanoux, Federal Projects Coordinator, Minnesota State Patrol, telephone number 612-297-1748, or her successor in office. Such representative shall have authority for acceptance of GRANTEE's services and, if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The STATE's district authorized representative for the purposes of coordinating the alcohol saturation events of this grant contract is Lt. David Graham, telephone number 612-591-2019, or their successor in office. Such representative shall be responsible for scheduling saturations and ensuring STATE supervision is present at each enforcement event, as well as identifying qualified state patrol, county and local law enforcement partners to be involved in each saturation. VII. GRANTEE'S AUTHORIZED REPRESENTATIVES The GRANTEE's authorized representative for the purposes of administration of this grant contract is Lt. Todd Sandel, telephone number 612-861-9800. The GRANTEE's authorized representative shall have full authority to represent GRANTEE in its fulfillment of the term, condition and requirements of this grant contract. VIII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the STATE. . IX. AMENDMENTS Any amendments to this grant contract shall be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. X. LIABILITY GRANTEE agrees to indemnify and save and hold the STATE, its authorized representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant contract by GRANTEE or GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this grant contract. M. STATE AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract shall be subject to examination by the contracting department and the Legislative Auditor. XII. DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Data Practices Act as it applies to all data provided by the STATE in accordance with this grant contract and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. • Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 4 4?1? XM. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant contract, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material and other work in whatever form (hereinafter "the MATERIALS"). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant contract by the GRANTEE, its employees or subcontractors, individually or jointly with others, shall be considered "works made for hire" as defined by the U.S. Copyright Act. All of the MATERIALS, whether in paper, electronic or other form, shall be remitted to the STATE by the GRANTEE, its employees and any subcontractors, shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE's obligations under this grant contract without the prior written consent of the STATE's authorized representative. • B. GRANTEE represents and warrants that MATERIALS produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names and service marks and names. GRANTEE will indemnify and defend the STATE at GRANTEE's expense from any action or claim brought against the STATE to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demand, obligations, liabilities, costs and damages including, but not limited to, reasonable attorney fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in GRANTEE's or the STATE's opinion is likely to arise, GRANTEE shall, at the STATE's discretion, either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, publications or services provided resulting from this grant contract including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the GRANTEE or its employees, individually or jointly with others or any subcontractors, shall identify the STATE as the sponsoring agency and shall not be released, unless such release is a specific part . of an approved workplan included in this grant contract prior to its approval by the STATE's authorized representative. Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract page 5 J-9 • XV. AFFIRMATIVE ACTION (When applicable) GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.073. It is hereby agreed between the parties that Minnesota Statutes, Section 363.073 is incorporated into this grant contract by reference. XVI. WORKERS' COMPENSATION In accordance with the provisions of Minnesota Statutes, Section 176.182, the STATE affirms that GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, subd. 2. XVII. ANTITRUST GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this grant contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. XVIII. JURISDICTION AND VENUE This grant contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. MX OTHER PROVISIONS • A. GRANTEE must comply with the Federal Audit Requirements as stated in Attachment B of this grant contract, which is hereby incorporated by reference and made a part of this grant contract. is Minnesota Department of Public Safety, State Patrol Division - Operation NightCAP Grant Contract Page 6 IN WITNESS WHEREOF, the parties have caused this grant contract to be duly executed 4p intending to be bound thereby. APPROVED: 1. GRANTEE: GRANTEE certifies that the appropriate person(s) have executed the grant contract on behalf of the GRANTEE as required by applicable articles, by-laws, resolutions or ordinances By: 3. ATTORNEY GENERAL: Approved to sign on behalf of the Attorney General as to form and execution By: Title: CITY MANAGER Date: July 13, 1998 2. STATE AGENCY: By: (authorized signature) • Title: Date: Distribution: Agency - Original contract(fully executed) Grantee State Authorized Representative • Title: Date: A certified copy of the resolution authorizing the GRANTEE to enter into this grant contract and designating person(s) to execute this grant contract must be attached hereto. A sample resolution form is attached hereto. Minnesota Department of Public Safety, State Patrol Division - Operation NigMCAP Grant Contract Page 7 4 r? V .y r C U O O O C r r e b N oLi a j Q r? U • a w U W W w 0-4 a W W 00 z 0`0 W H H A C sue, c. a 0 a d t? U W d as y I'D I'D I'D •--? IO 01 to ?,O 00 N O N C7re) 1% N N N CN N .-, tr) N N o H 00 00 00 1n oo M M 00 00 06 t- cri 00 en \?o 'It r- "tt M M M M M d M M N M 6i C., Q1 01 00 O1 M 00 01 'D c7N tn en O1 -4t tn C 01 as CN \.O 01 M 01 t- O*, N \0 01 O N O ? y d ct ?} ei d kn en %0 kn d \-O \ .". r rL ? C + to 00 O 00 ?O > a N N N N N to •-? N O N ?O ?n N c? M M M .-? M t-- M 01 N M M N N M M ?+ d t. M M M O d .--i M M M M M L L ? RS O u 00 00 00 N 00 In 00 O 0 0 CN C 0 0 t- ON 00 00 a N C5 cq N N N N N N N N N N N N - > ^O 4 * t` t- h t? t- t- t- 00 t- t- t- t- t? c F+ 0\ r- 01 rn ON O1 01 01 01 r- ON 01 01 ON 01 ., r- CN ?? N N N N N .? 01 N N --? - N -+ O N O O O O O O N N O O O - C O O ?., N t- 1.0 O %O 00 \c t- rn O O t- ° ' a1 0 0 1 0 1 0 rn ON 00 M rn ON o`, .r w ` -- \ ? ON , O A'- ? O ? O O N O N N ? ' '\? \ N N 01 N v V) .-• .--? r. M M ? N N to c! t- ON t? ? t- ON t-- t- 00 01 t- t- 41 t- 41 0\ 01 01 41 01 01 - en ON I z en cn O M 4 M -4 M ON - %o %%o O\ r-+ N N N N N N N N ON N N N N 01 N C7 W N N M q cn . N I 00 01 I M W) N N 01 00 ON 00 00 00 ? H U a O W y " Q ? ? ? W W ? A r e ? O x ? A a O x .-a ti O z E-? x ? ? Z U ,^ W O 7 7 a C FN., pWq N H x ?"" N E-? En Gq O O N H ? a ? z pq te ¢ ? QQ ? O O . ' ' O w A ? , a r 7 x ? Z - rA W U A A w w C7 C ti o ? N of .y 110 i' O O O on r c b N i o> .a obi W O C J 14-t- I;I. N 00 M tip O O O M c} N O, M N 00 M M M M N O, M N 00 M 00 00 N OR 00 N N 00 M M N 00 M O, O, N kn N N W) M ,O vi \.O O 1:T O, O, IT 00 M IT M ?D ?i ,O O ON O, d \O M M d t N M N M r- 00 M N M ? N N M ? N ? M N N M O N O N N M N N M 00 v ON O O 00 tri d: O O 00 O O Do O 00 N N M N M N to N 00 --? N N a\ W; N Oo r-+ N N \6 N 06 N n O, N O [- C\ N [- ON n o, O n O, .--? O n o, N O [- O, n ON •--? O n .•? O n O, .-r O n O, v N N n rn •? N ? 01 1y O n 01 O t? N C> ON M d C> O, [? C) ON ?O CN N O, ? M ? cs N 00 (ON 00 N ? ON ON N M N O\1 N M N ON N M N OO%r?, N O, N M N OC, N O, O, O, O, O, N ON N M N \0 N ch N IT M kr) M 00 d? N It to m to O C) to d' ? GL1 ??i U ? ? 'w 0 ? W a w Q 14 E" C7 ? w H U `7a H W F'' W H W ? a x a a W a j w w w A a ?O U w 9 42 a> Attachment B FEDERAL AUDIT REQUIREMENTS tj=13 1. For subrecipients who are state (includes Indian tribes) or local governments If the grantee receives total direct and indirect federal assistance of: Equal to or in excess of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and federal Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the grantee government or, at the option of the grantee government, it may cover departments, agencies or establishments that received, expended or othervAse administered federal financial assistance . during the year. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only for fiscal years beginning before January 1, 1987. 2. For subrecipients who are institutions of higher education, hospitals or other nonprofit organizations If the grantee receives total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization-wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the subrecipient may have an audit of that one program. Audits shall usually be made annually, but not less frequent than every two (2) years. E 3. All audits shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's Standards for Audit of Governmental Organizations. Programs, Activities and Functions. 4. Audit reports shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 or A-133, as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountants' (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or SAS 60, "Special Reports," as applicable. ?j q O porafnon NiglaCCAID Officer Activity Report • Offficerl District/ Badge ' M A enc : Date Event Start Time End Time Total Hours Worked x Officer's Overtime Rate = TotaI$, Amount Begin recording daily activity on back of form. tnrorcemenz mumvmes summary: Other Seat Belts Restraints Speeding DWI (than those Totals °--g 4? lf?ted t?etow) :11arr)ings Citations An ests MA NIA NIA Mis: (iii custody} N/A N/A NIA Gross: Totals' * Other Explanation(s): Comments: Page _ of - LIJ-1< Operafion Nigl rCAND Invoice • • ''Invoice 0( te': Saturation Date: Saturation Event: (as applicable) Agency Name/ City of Richfield, Police Department Address: 6700 Portland Ave S Richfield MN 55423 o TOTAL TOTAL FEDERAL FUNDS 'XtNSE 114110#CE HOElRS #N#CE>AM_DUNT ALLOCATED C}ves#tttl??otiiaty $ $NIA gas applt?e} C)verfil $ $560.00 .b a kfi{as, a? ' }ale . (Attach a copy of all related Officer Activity Reports) 'Nr This bloc c for State N, ©n1y Vendor Number. SFY: 98 Order Number. Agency. PO Fun 300 Org: 5153 Appr 538 Kept Cat: 1408 API RQVAL SIGN4,70_. S . County or City Authorized Rep. Date Federal Projects Director Date District Authorized Rep. Date REMIT TO: Operation NightCAP Coordinator Minnesota State Patrol 2005 N Lilac Dr Golden Valley MN 55422 Phone: 612-591-2019 Fax: 612-591-4676 gj-14 STATE OF MINNESOTA GRANT CONTRACT FOR OPERATION NIGHTCAP PROGRAM RESOLUTION RESOLUTION AUTHORIZING EXECUTION OF GRANT CONTRACT Be it resolved that RICHFIELD PUBLIC SAFETY DEPARTMENT /POLICE DIVISION (Name of Organization/Local Unit of Government) enters into a Grant Contract with the Minnesota Department of Public Safety, State Patrol Division for the program entitled Operation NightCAP. JAMES D. PROSSER, CITY MANAGER is hereby authorized to execute and sign (Name and Title of Authorized Official) such Grant Contracts, and amendments thereto, as are necessary to implement the program on behalf of RICHFIELD PUBLIC SAFETY DEPT. /POLICE DIVISION. (Name of Organization/Local Unit of Government) I certify that the above resolution was adopted by the C' I TY C OUN CI (Executive Body) of the CITY OF RICHFIELD, MN on July 13, 1998 (Name of Organization/Local Unit of Government) (Date) SIGNED: ,Signature JAMES D. PROSSER CITY MANAGER Title JULY 13, 1998 Date WITNESSETH: Signature TOM FERBER CITY CLERK Title JULY 13, 1998 Date 0 qj CITY OF RICHFIELD, MINNESOTA 10 Council Letter No. 153 Agenda July 13, 1998 Issue Statement: Resolution relating to 1999 maintenance assessments, LHN (Lyndale/HUB/Nicollet) redevelopment area, proposed to be City Project No. 948 (415-35-635). Background: On January 26, 1981, the City Council adopted Resolution No. 6372, which established a service in the LHN area (approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue) which would be specially assessed. The special assessment to commercial property would be made on the basis of area, with each square foot of assessable commercial property within the district being assessed an equal amount. All single family, two family and multiple family residential property within this area was eliminated from the special assessment levy. In 1982, agreements were reached with owners in the LHN area related to maintenance of property. For the most part, each owner was to be responsible for property to the curb while the City is responsible for common areas such as street islands. Although the City does some maintenance work for individual property owners, these costs are directly assessed to the appropriate owner and maintenance of common areas continues to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscaping, including tree trimming; 2. Sidewalk sweeping in summer; 3. Snow removal in winter; 4. Sidewalk deicing; 5. Painting and repair of wood furniture; 6. Trash removal; 7. General maintenance, including repairs and replacement; 8. Irrigation maintenance. These items are extra services provided directly to the LHN Redevelopment Area and do not include services provided to the entire City. For example, all City streets are swept twice a year, and for this service there would be no charge to the LHN maintenance assessment. However, any additional street sweeping in the LHN area would be an assessable item. Estimated and actual costs for LHN maintenance services 1989-1999 are: Year Estimated Actual 1989 $43,151.19 1990 $44,560 $43,539.10 qj-X 1991 $44,153 $43,825.22 1992 $46,484 $47,005.26 1993 $45,050 $34,866.01 1994 $45,115 $44,635.70 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39 1997 $47,730 $31,208.46 1998 $49,165 1999 $50,640 Recommended Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the LHN project area for the period of January 1, 1999 through December 31, 1999, and to set the public hearing date for September 14, 1998. Basis of Recommendation: 1. Resolution No. 6372, adopted in 1981, established policy for assessing the costs. 2. This policy allows staff to continue to provide excellent service to the LHN Redevelopment Area. Alternative Recommendation: Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however staff believes the redevelopment area would suffer if limited maintenance was performed. Discussion/Decision Mode: Continued maintenance service for this commercial area is recommended by staff in order to sustain the current standards for landscaping and maintenance which have been successful over the past years. Respectfully submitted, J D. Prosser Ci Manager JDP:ds Attachment 9 LfZ-3 0 RESOLUTION NO. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE/HUB/NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 1999, PROPOSED CITY PROJECT NO 948 (415-35-635). BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale/HUB/Nicollet Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: • Snow, ice or rubbish removal; • Weed elimination; • Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; • Installation or repair of water service lines; • Street sprinkling or other dust treatment of streets; • Trimming and care of trees and the removal of unsound trees; • Repair of sidewalks, crosswalks, and other pedestrian walkways; • Operation of the street lighting system; • Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; • Maintenance of Civic Plaza; • Snow removal and other maintenance of streets; • Painting and repair of wood furniture; • General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two-family, multiple family residential property within the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. qj--q 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Monday, September 14, 1998, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 1999 through December 31, 1999. The estimated cost of providing all the aforementioned current services during that period is $50,640. Passed by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA Council Letter No. 152 Agenda July 13, 1998 Issue Statement: Resolution relating to 1999 maintenance assessments for the 77th Street redevelopment area, proposed to be City Project No. 949 (415-35-645). Background: Resolution No. 7405, adopted in 1988, established a policy for assessing the costs to the special assessment district for the I nterstate/Lyndale/N icol let (ILN) project area, an approximate two block area. The district included properties east of Lyndale and south of 77th Street, and the properties were assessed for current services required to maintain special landscape features and other public amenities on or adjacent to the right-of-way. On June 12, 1994, the City Council took action to support the continuance of specially assessing a redefined ILN/expanded 77th Street Project Area (from 1-35W to Portland Avenue) for the period of January 1, 1995 through December 31, 1995. On November 25, 1996, the City Council took action to support the continuance of specially assessing another redefined expanded (from 1-35W to Cedar Avenue) 77th Street Project Area for the period of January 1, 1996 through December 31, 1996. • For the most part, each owner is to be responsible for property to the curb while the City is responsible for common areas such as street islands, the north boulevard and sound wall. Although the City does some maintenance work for individual property owners, these costs are directly assessed to the appropriate owner and maintenance of common areas continues to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscape maintenance of common properties including, among other things, tree trimming, mowing, fertilizing and edging. 2. Irrigation maintenance. 3. General maintenance including repair and replacement of lights, signs, curbs and plantings. These items are extra services provided directly to the 77th Street Project Area, and do not include services provided to the entire City. Most of the routine maintenance (mowing, weeding, litter cleanup) has been and will continue to be contracted, leaving City crews to perform repairs on irrigation, lights and signs. Estimated costs for the ILN/77th Street maintenance services from 1988-1999 were/are: • Year Estimate Actual 1988 $7,001.47 1989 $7,254 $6,135.54 1990 $7,514 $7,762.52 0_1 1991 $7,780 $8,855.46 1992 $8,894 $7,031.70 1993 $9,200 $3,614.94 1994 _0_* 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 $44,729.90 1998 $74,765 1999 $80,000 * The $0 estimate was provided to the Council in a December 28, 1993 memorandum. Recommended Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the 77th Street Project Area for the period of January 1, 1999 through December 31, 1999, and to set the public hearing date for Monday, September 14, 1998. Basis of Recommendation: 1. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. 2. This policy allows staff to continue to provide excellent service to the 77th Street Project Area. 3. Commercial property owners will be assessed on a per-square-foot basis. However, all single family and multi-family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. Alternative Recommendation: Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however, staff believes the redevelopment area would suffer if limited maintenance was performed. Discussion/Decision Mode: Continued maintenance service for this area is recommended by staff in order to sustain current standards for landscaping and maintenance. Staff is asking for action at this time in order to facilitate meeting state deadlines for publication of legal notices and notification of property owners. Respectfully submitted, Jam . Prosser City Manager • JDP:ds RESOLUTION NO. q/4-c2 RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT • SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 1999 PROPOSED TO BE CITY PROJECT NO. 949 (415-35-645) BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of 1-35W and west of Cedar Avenue is hereby established as a special assessment district for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights-of-way; • Trash and litter removal. • 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Monday, September 14, 1998, commencing at 7:00 o'clock p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 1999 through December 31, 1999. The estimated cost of providing all of the aforementioned services during that period is $80,000. Passed by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk QCs CITY OF RICHFIELD, MINNESOTA Council Letter No. 151 Agenda July 13, 1998 Issue Statement: Resolution declaring costs to be assessed for alley maintenance and snowplowing for the period January 1, 1997 to December 31, 1997; and a resolution setting a public hearing date for City Project No. 924 and considering rescinding the 1998 alley maintenance special assessment, City Project No. 943. Background: The City Council considered alley maintenance assessments at their April 6, 1998 Study session. The Council asked that staff bring the option of abandoning alley maintenance assessments to a future meeting. The alley policy adopted by the City Council in December 1980 (see attached) provides that "all costs involved in maintaining an alley will be assessed against the property abutting the alley." The assessment served as an encouragement to homeowners to have the City pave their alley. In 1981, the maintenance provided for unpaved alleys included sweeping, cleaning of potholes and cold patching. The maintenance costs for unpaved alleys were significantly higher than with the paved alleys. With most alleys paved and sealed, City staff is suggesting that the alley maintenance assessment be terminated. The small $10,000 per year assessment for routine (including plowing and sweeping; excluding sealing and patching) maintenance is costly to administer. This year's joint sealing project will complete the cycle, which means all of the paved alleys will have had the joints cleaned and resealed once since 1989. It is staffs opinion that this u sealing process could be stopped. Regular snowplowing and minor maintenance co be financed through the General Fund. Major maintenance can be performed when a petition from affected residents is received. A history of costs for alley maintenance services from 1994-1997, and assessed amounts for 1994-1997 are below: Id Actual Costs Assessed Amounts 1994 $ 8,614.92 $20,000.00 1995 $30,420.36 $20,000.00 1996 $12,568.00 $20,000.00 1997 $10,606.99 $24.212.27 (Proposed Amount) 1998*(Est) $22,002.00 Total $84,212.27 $84,212.27 *This is the amount estimated if alley maintenance were to be continued through 1998. 0 q?-? This year's contracted repairs will finish one cycle of joint grouting and repair for all paved alleys in the City. This process should not have to be repeated for a number of years. Recommended Motion: Adopt the attached resolution which is proposed to specially assess $24,212.27 for 1997, and the resolution proposing to rescind the alley maintenance policy and eliminate the 1998 assessment, City Project 943, and further assessments until substantial contracted repairs are necessary and set the public hearing on this proposed special assessment for City Project No. 924 for September 14, 1998. Basis of Recommendation: 1. Major contracted repairs have been completed on all alleys in 1998. 2. The $24,212.27 proposed assessment would cover the cost of all these repairs. 3. It is not expected that alleys would require major repairs for a number of years. Alternative Recommendation: Council may choose to continue assessing only actual costs each year, or they may choose to continue to assess $20,000 each year. However, staff does not believe any further special assessments are necessary for alleys at this time. Discussion/Decision Mode: Council may choose to delay adoption of this resolution until the next meeting; however, any further delay would cause scheduling problems with legal notices required by Minnesota State Statute. Respectfully submitted, Ja D. Prosser City Manager JDP:ds Attachment • q &-ca- RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1997 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT NO. 924. WHEREAS, costs have been determined for the maintenance and snowplowing of the following alleys in the city of Richfield. The expenses incurred or to be incurred for such maintenance for the period of January 1, 1997 through December 31, 1997 amount to $24,212.27. Number Surrounding Avenues Surroundinq Streets 1001 Xerxes-Washburn 66th-67th 1002 Xerxes-Washburn 67th-68th 1003 Xerxes-Washburn 68th-69th 1004 Xerxes-Washburn 69th-70th 1005 Washburn-Vincent 66th-67th 1006 Washburn-Vincent 67th-68th 1007 Washburn-Vincent 68th-69th 1008 Washburn-Vincent 69th-70th 1009 Vincent-Upton 66th-67th 1010 Vincent-Upton 67th-68th • 1011 Vincent-Upton 68th-69th 1012 Vincent-Upton 69th-70th 1013 Upton-Thomas 66th-67th 1014 Upton-Thomas 68th-69th 1015 Upton-Thomas 69th-70th 1016 Thomas-Sheridan 66th-67th 1017 Thomas-Sheridan 67th-68th 1018 Thomas-Sheridan 68th-69th 1019 Thomas-Sheridan 69th-70th 1020 Sheridan-Russell 66th-67th 1021 Sheridan-Russell 67th-68th 1022 Sheridan-Russell 68th-69th 1023 Sheridan-Russell 69th-70th 1024 Russell-Queen 66th-67th 1025 Russell-Queen 67th-68th 1026 Russell-Queen 68th-69th 1027 Russell-Queen 69th-70th 1028 Queen-Penn 66th-67th 1029 Queen-Penn 67th-68th 1030 Queen-Penn 68th-69th 1031 Queen-Penn 69th-70th • 2001 Penn-Oliver 63rd-64th 2002 Oliver-Newton 63rd-64th q6--3 2004 Morgan-Logan 63rd-64th 2005 Logan-Knox 63rd-64th 2007 James-Irving 63rd-64th 2008 Irving-Humboldt 63rd-64th 2009 Humboldt-Girard 63rd-64th 2010 Girard-Fremont (35W) 63rd-64th 2011 Girard-Fremont (35W) 64th-65th 2012 Girard-Fremont (35W) 65th-66th 2013 Fremont (35W)-Emerson 64th-65th 2014 Fremont (35W)-Emerson 65th-66th 2015 Dupont-Colfax 63rd-Mildred 2016 Colfax-Bryant 63rd-Mildred 2017 Bryant-Aldrich 63rd-Mildred 2019 Graham-Lyndale 66th-Lake Shore Drive 2020 Aldrich-Lyndale 75th-76th 2021 Aldrich-Lyndale 76th-77th 3002 Lynda le-Ga rfield 68th-69th 3003 Augsburg-Garfield 70th-71 st 3004 Augsburg-Garfield 71 st-72nd 3005 Lyndale-Garfield 72nd-73rd 3006 Lyndale-Garfield 73rd-74th 3007 Garfield-Harriet 71 st-72nd . 3008 Garfield-Harriet 72nd-73rd 3009 Garfield-Harriet 73rd-74th 3011 Harriet-Grand 67th-68th 3012 Harriet-Grand 68th-69th 3013 Harriet-Grand 72nd-73rd 3014 Harriet-Grand 73rd-74th 3015 Grand-Pleasant 68th-69th 3016 Grand-Pleasant 72nd-73rd 3018 Wentworth-Blaisdell 67th-68th 3020 Blaisdell-Nicollet 72nd-73rd 3021 Blaisdell-Nicollet 73rd-74th 3022 Blaisdell-Nicollet 74th-75th 3023 Blaisdell-Nicollet 75th-76th 3024 Nicollet-1st Avenue 68th-69th 3025 Nicollet-1st Avenue 70th-71st 3026 Nicollet-1st Avenue 71st-72nd 3027 Nicollet-1st Avenue 72nd-73rd 3028 1 st Avenue-Stevens 71 st-72nd 3029 1 st Avenue-Stevens 72nd-73rd 3030 Stevens-2nd Avenue 71 st-72nd 3031 Stevens-2nd Avenue 72nd-73rd • 3032 2nd Avenue-3rd Avenue 66th-67th 3033 2nd Avenue-3rd Avenue 71st-72nd q&_q 3034 2nd Avenue-3rd Avenue 72nd-73rd 3035 3rd Avenue-Clinton 66th-67th 3036 3rd Avenue-Clinton 73rd-74th 3037 Clinton-4th Avenue 66th-67th 3038 Clinton-4th Avenue 73rd-74th 3039 4th Avenue-5th Avenue 66th-67th 3040 4th Avenue-5th Avenue 73rd-74th 4001 13th Avenue-14th Avenue 65th-66th 4002 14th Avenue-15th Avenue 62nd-63rd 4004 15th Avenue-Bloomington 62nd-63rd 4005 15th Avenue-Bloomington 65th-66th 4006 Bloomington-16th Avenue 65th-66th 4007 Cedar-Longfellow Avenue 63rd-64th 4008 Cedar-Longfellow Avenue 64th-65th 4009 Cedar-Longfellow Avenue 65th-66th 4012 22nd-Standish Avenue 65th-66th 4013 13th-14th Avenue 66th-67th NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the costs to be assessed against benefited property owners is • declared to be $24,212.27. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece of parcel of land affected, without regard to cash valuation as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield this 13th of July, 1998. Martin J. Kirsch, Mayor 0 Thomas P. Ferber, City Clerk ATTEST: L16-5 RESOLUTION NO. • RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1997 ALLEY MAINTENANCE - CITY PROJECT NO. 924. WHEREAS, by a resolution passed by the City Council of the City of Richfield on July 13, 1998, the City Clerk was directed to prepare assessments of the cost of maintaining the following alleys in the City of Richfield for the period of January 1, 1997 through December 31, 1997. Number Surroundinq Avenues Surrounding Streets 1001 Xerxes-Washburn 66th-67th 1002 Xerxes-Washburn 67th-68th 1003 Xerxes-Washburn 68th-69th 1004 Xerxes-Washburn 69th-70th 1005 Washburn-Vincent 66th-67th 1006 Washburn-Vincent 67th-68th 1007 Washburn-Vincent 68th-69th 1008 Washburn-Vincent 69th-70th 1009 Vincent-Upton 66th-67th 1010 Vincent-Upton 67th-68th 1011 Vincent-Upton 68th-69th 1012 Vincent-Upton 69th-70th • 1013 Upton-Thomas 66th-67th 1014 Upton-Thomas 68th-69th 1015 Upton-Thomas 69th-70th 1016 Thomas-Sheridan 66th-67th 1017 Thomas-Sheridan 67th-68th 1018 Thomas-Sheridan 68th-69th 1019 Thomas-Sheridan 69th-70th 1020 Sheridan-Russell 66th-67th 1021 Sheridan-Russell 67th-68th 1022 Sheridan-Russell 68th-69th 1023 Sheridan-Russell 69th-70th 1024 Russell-Queen 66th-67th 1025 Russell-Queen 67th-68th 1026 Russell-Queen 68th-69th 1027 Russell-Queen 69th-70th 1028 Queen-Penn 66th-67th 1029 Queen-Penn 67th-68th 1030 Queen-Penn 68th-69th 1031 Queen-Penn 69th-70th 2001 Penn-Oliver 63rd-64th 2002 Oliver-Newton 63rd-64th • 2004 Morgan-Logan 63rd-64th 2005 Logan-Knox 63rd-64th 2007 James-Irving 63rd-64th q e - (a 2008 Irving-Humboldt 63rd-64th 2009 Humboldt-Girard 63rd-64th 2010 Girard-Fremont (35W) 63rd-64th 2011 Girard-Fremont (35W) 64th-65th 2012 Girard-Fremont (35W) 65th-66th 2013 Fremont (35W)-Emerson 64th-65th 2014 Fremont (35W)-Emerson 65th-66th 2015 Dupont-Colfax 63rd-Mildred 2016 Colfax-Bryant 63rd-Mildred 2017 Bryant-Aldrich 63rd-Mildred 2019 Graham-Lyndale 66th-Lake Shore Drive 2020 Aldrich-Lyndale 75th-76th 2021 Aldrich-Lyndale 76th-77th 3002 Lyndale-Garfield 68th-69th 3003 Augsburg-Garfield 70th-71 st 3004 Augsburg-Garfield 71st-72nd 3005 Lynda le-Garfield 72nd-73rd 3006 Lyndale-Garfield 73rd-74th 3007 Garfield-Harriet 71 st-72nd 3008 Garfield-Harriet 72nd-73rd 3009 Garfield-Harriet 73rd-74th 3011 Harriet-Grand 67th-68th 3012 Harriet-Grand 68th-69th • 3013 Harriet-Grand 72nd-73rd 3014 Harriet-Grand 73rd-74th 3015 Grand-Pleasant 68th-69th 3016 Grand-Pleasant 72nd-73rd 3018 Wentworth-Blaisdell 67th-68th 3020 Blaisdell-Nicollet 72nd-73rd 3021 Blaisdell-Nicollet 73rd-74th 3022 Blaisdell-Nicollet 74th-75th 3023 Blaisdell-Nicollet 75th-76th 3024 Nicollet-1st Avenue 68th-69th 3025 Nicollet-1 st Avenue 70th-71 st 3026 Nicollet-1 st Avenue 71 st-72nd 3027 Nicollet-1st Avenue 72nd-73rd 3028 1 st Avenue-Stevens 71 st-72nd 3029 1 st Avenue-Stevens 72nd-73rd 3030 Stevens-2nd Avenue 71st-72nd 3031 Stevens-2nd Avenue 72nd-73rd 3032 2nd Avenue-3rd Avenue 66th-67th 3033 2nd Avenue-3rd Avenue 71st-72nd 3034 2nd Avenue-3rd Avenue 72nd-73rd 3035 3rd Avenue-Clinton 66th-67th • 3036 3rd Avenue-Clinton 73rd-74th 3037 Clinton-4th Avenue 66th-67th 3038 Clinton-4th Avenue 73rd-74th E • 3039 4th Avenue-5th Avenue 3040 4th Avenue-5th Avenue 4001 13th Avenue-14th Avenue 4002 14th Avenue-15th Avenue 4004 15th Avenue-Bloomington 4005 15th Avenue-Bloomington 4006 Bloomington-16th Avenue 4007 Cedar-Longfellow Avenue 4008 Cedar-Longfellow Avenue 4009 Cedar-Longfellow Avenue 4012 22nd-Standish Avenue 4013 13th-14th Avenue 66th-67th 73rd-74th 65th-66th 62nd-63rd 62nd-63rd 65th-66th 65th-66th 63rd-64th 64th-65th 65th-66th 65th-66th 66th-67th 4&-9 WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection; and WHEREAS, the City Council policy on assessments for alleys shall allow the Street Maintenance Division to absorb the costs of routine maintenance each year, and eliminate the 1998 alley maintenance assessment, and further assessments until substantial contracted repairs are necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: A hearing shall be held on the 14th day of September 1998, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter may be reached on the agenda, to pass upon such proposed assessment. At such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. He shall state in the notice the total cost of the maintenance, and also cause mailed notice to be given to the owner of each parcel described in the assessment roll, not less than two weeks prior to the hearing. Passed by the City Council of the City of Richfield, Minnesota, this 13th day of July, 1998. ATTEST: Martin J. Kirsch, Mayor Is Thomas P. Ferber, City Clerk w • •, RESOLUTION NO. 6345 L16O ( RESOLUTION ESTABLISHING AN ALLEY POLICY BE IT RESOLVED by the City Council of ,the City of Richfield, Minnesota, as follows: 1. All costs involved in maintaining an alley will be assessed against the property abutting the alley. 2. An alley paving project may be initiated on an alley by a petition signed by the property owners of over 50 percent of the abutting property.. 3. All costs involved in the paving of an alley will be assessed against the abutting property except that should a lot have an alley on two primary sides, the property will be assessed only, for the shorter of the two sides. 4. Residential properties will be assessed for one-half the cost of paving the full width of the abutting alley unless the property is opposite commercial property in which case it is assessed ore-fourth tye cost of paving the full width: 5. Commercial alleys will be assessed for three-fourths of the cost of paving the full width of the alley. 6. The City of Richfield will pay the costs of paving an alley ,t abutting assessable grope= . 7. The type of surface c;ill be chosen at the tire the contract auarAed on the first alley pavin= project. 8. A minimum of six alleys in one cluster (as defined by the er.cineer) or ten alleys regardless of cluster is required for a project. 9. The deadline for the submittal of petitions is February 1st each year. Passes: by the City Ccunc: _ of the City of Richfield this c? December, 1980. Ponai_? J. Priebe Ma"•ur is t4 F CITY OF RICHFIELD, MINNESOTA Council Letter No. 15o Agenda July 13, 1998 Issue Statement: Preparation of assessment rolls and setting hearing date for City Project No. 923, 1997 LHN (Lyndale/HUB/Nicollet redevelopment area) maintenance. Background: City staff has determined costs to be assessed for the maintenance of the Lyndale/HUB/Nicollet (LHN) redevelopment area, City Project No. 923, the 1997 LHN Maintenance Project. Attached are resolutions declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls, and setting the hearing date for the proposed assessment. Estimated and actual costs for the LHN maintenance services 1989-1999 were/are: Year Estimated Actual 1989 $43,151.19 1990 $44,560 $43,539.10 1991 $44,153 $43,825.22 1992 $46,484 $47,005.26 1993 $45,050 $34,866.01 1994 $45,115 $44,635.70 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39 1997 $47,730 $31,208.46 1998 $49,165 1999 $50,640 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint street lights and repair concrete varies from year to year. In 1996, expenses were up due to the dry summer and extensive work on the irrigation system. The 1997 and 1998 estimated costs also show an increase due to higher costs for contracted mowing and irrigation repairs mandated by new codes. Recommended Motion: Adopt the resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for LHN Maintenance, and adopt the resolution setting the date of hearing on the proposed assessment for September 14, 1998. Basis of Recommendation: Council ordered the work, and the work is finished. V-1 Alternative Recommendation: Council may make any changes to the assessment roll as deemed necessary after the public hearing. Discussion/Decision Mode: In order to meet notification and publication deadlines, staff is requesting approval at this time. Respectfully submitted, Ja D. Prosser City Manager JDP:ds Attachments • 0 4F a RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 CITY PROJECT NO. 923 WHEREAS, costs have been determined for the maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $31,208.46 for the period of January 1, 1997 through December 31, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $31,208.46. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 4F-3 RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 CITY PROJECT NO. 923 WHEREAS, by a resolution passed by the City Council of the City of Richfield on July 13, 1998, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the Lyndale/Hub/Nicollet Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield, Minnesota for the period of January 1, 1997 through December 31, 1997; and WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 14th day of September, 1998, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk qE- CITY OF RICHFIELD, MINNESOTA Council Letter No. 149 Agenda July 13, 1998 Issue Statement: Preparation of assessment rolls and setting hearing date for City Project No. 922, 1997 77th Street redevelopment area maintenance. Background: City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area, City Project No. 922, the 1997 77th Street Maintenance Project. Attached are resolutions declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls, and setting the hearing date for the proposed assessment. Estimated and actual costs for the 77th Street maintenance services 1988-1999 were/are: Year Estimate Actual 1988 $7,001.47 1989 $7,254 $6,135.54 1990 $7,514 $7,762.52 1991 $7,780 $8,855.46 1992 $8,894 $7,031.70 1993 $9,200 $3,614.94 1994 -0-* 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 $44,729.90 1998 $74,765 1999 $80,000 * The $0 estimate was provided to the Council in a December 28, 1993 memorandum. After construction is completed and warrantees are expired, future estimated costs are $80,000. Recommended Motion: Adopt the resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 77th Street Maintenance, and adopt the resolution setting the date of hearing on the proposed assessment for September 14, 1998. • Basis of Recommendation: Council ordered the work, and the work is finished. qE-1 Alternative Recommendation: Council may make any changes to the assessment roll as deemed necessary after the public hearing. Discussion/Decision Mode: In order to meet notification and publication deadlines, staff is requesting approval at this time. Respectfully submitted, Ja D. Prosser City Manager JDP:ds Attachments 9 qc-o- RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 CITY PROJECT NO. 922 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of 1-35W and west of Portland Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $44,729.90 for the period of January 1, 1997 through December 31, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $44,729.90. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the • district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 qE3 0 RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 CITY PROJECT NO. 922 WHEREAS, by a resolution passed by the City Council of the City of Richfield on July 13, 1998, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the 77th Street redevelopment area, the boundaries of which are east of 1-35W and west of Portland Avenue in the City of Richfield, Minnesota for the period of January 1, 1997 through December 31, 1997; and WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 14th day of September, 1998, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment • will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk 40 CITY OF RICHFIELD, MINNESOTA Council Letter No. 148 Agenda July 13, 1998 Issue Statement: Approval of resolution declaring costs to be assessed for removal of diseased trees from private property for the period January 1, 1997 through December 31, 1997, and approval of a resolution setting date of hearing. Background: The costs to be assessed for the removal of Dutch elm diseased trees on private property for the period January 1, 1997 through December 31, 1997 have been determined to be $20,456.50. The property owner of a diseased tree has four options available: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal within 30 days, or 4. Use the City's contractor and request that the cost of the tree removal be assessed • against their property tax. In the period from January 1, 1997 through December 21, 1997, 21 property owners chose the fourth option. The original source of funding to have the work performed is through the City's Permanent Improvement Revolving Fund. The property owner may prepay the special assessment, but if it is certified on or before October 10, 1998, for the 1999 taxes, the interest rate is eight percent with payment spread over three years. Recommended Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll, and adopt the resolution setting the date of hearing on the proposed assessment for September 14, 1998. Basis of Recommendation: 1. The work has been performed with prior approval from the affected residents. 2. Minnesota State Statute requires the County to be notified of all special assessments. Alternative Recommendation: Council may revise the special assessment roll as deemed necessary following the public hearing. 4D-1 Discussion/Decision Mode: All work was performed with prior approval from home owners. Staff is requesting adoption of the attached resolutions at this time in order to meet certification deadlines. Respectfully submitted, Ja D. Prosser City Manager JDP:ds • n U '7 A-) 0 RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMBER 31, 1997. WHEREAS, costs have been determined for the removal of diseased trees from the following private properties in the City of Richfield and the expenses incurred or to be incurred for such work during the period of January 1, 1997 through December 31, 1997 amount to $20,456.50. Property Address 6318 Pillsbury Avenue 7215 Vincent Avenue 7220 Penn Avenue 410 West 64th Street 6216 Third Avenue 7300 Queen Avenue 6504 Humboldt Avenue 7332 Grand Avenue 7519 Blaisdell Avenue 7505 Girard Avenue 7200 Oliver Avenue 7338 Girard Avenue 7124 Harriet Avenue 7409 Vincent Avenue 6901 Logan Avenue 6641 Nicollet Avenue 6544 Fifth Avenue 7501 Girard Avenue 7227 Upton Avenue 352 Apple Lane 6231-15th Avenue Property Identification Number 27-02824-21-0035 32-02824-13-0031 32-02824-14-0009 27-02824-22-0076 27-02824-12-0002 32-02824-14-0078 28-02824-24-0131 34-02824-23-0005 34-02824-31-0123 33-02824-42-0098 33-02824-23-0001 33-02824-13-0038 34-02824-22-0082 32-02824-42-0047 28-02824-34-0129 27-02824-42-0105 27-02824-14-0012 33-02824-42-0099 32-02824-13-0014 27-02824-14-0054 26-02824-12-0055 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $20,456.50. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. gD-3 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0 q6-y 0 RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 1997 TO DECEMBER 31, 1997. WHEREAS, by a resolution passed by the City Council of the City of Richfield on July 13, 1998, the City Clerk was directed to prepare the assessment of the cost of removing diseased trees from the following private properties in the City of Richfield for the period January 1, 1997 through December 31, 1997. Prope[ty Address 6318 Pillsbury Avenue 7215 Vincent Avenue 7220 Penn Avenue 410 West 64th Street 6216 Third Avenue 7300 Queen Avenue 6504 Humboldt Avenue 7332 Grand Avenue 7519 Blaisdell Avenue 7505 Girard Avenue 10 7200 Oliver Avenue 7338 Girard Avenue 7124 Harriet Avenue 7409 Vincent Avenue 6901 Logan Avenue 6641 Nicollet Avenue 6544 Fifth Avenue 7501 Girard Avenue 7227 Upton Avenue 352 Apple Lane 6231-15th Avenue Prope!ly Identification Number 27-02824-21-0035 32-02824-13-0031 32-02824-14-0009 27-02824-22-0076 27-02824-12-0002 32-02824-14-0078 28-02824-24-0131 34-02824-23-0005 34-02824-31-0123 33-02824-42-0098 33-02824-23-0001 33-02824-13-0038 34-02824-22-0082 32-02824-42-0047 28-02824-34-0129 27-02824-42-0105 27-02824-14-0012 33-02824-42-0099 32-02824-13-0014 27-02824-14-0054 26-02824-12-0055 WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 14th day of September, 1998 in the City Hall Council Chambers at 7 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. q04 • 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing, and he shall state in the notice the total cost of the diseased tree removal. He shall also cause mailed notice to b given to the owner of each parcel described in the assessment roll not less than tw weeks prior to the hearing. By order of the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. e 0 Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 • qC CITY OF RICHFIELD, MINNESOTA Council Letter No. 147 Agenda, July 13, 1998 Issue Statement: Authorization for City Manager to execute a waiver and consent letter to permit Leonard, Street and Deinard to represent Walser Automotive Group. Background: Leonard, Street and Deinard has been asked to represent Walser Automotive Group and Jack Walser in the matter related to the Interchange West redevelopment. That firm currently performs work for the City of Richfield with respect to various legislative matters and a challenge by the City of Richfield to the adequacy of the EIS for the north/south runway. Leonard, Street and Deinard is therefore requesting the City to consider granting permission for the firm to represent Walser in the Interchange West redevelopment. Leonard, Street and Deinard state that representation of Walser will not interfere with the integrity of their attorney/client relationship with the City. This matter is being reviewed by Corrine Thomson and John Dean of the City Attorney's office. Both agree there is not a conflict and execution of this document would be appropriate. Recommended Motion: . Authorize the City Manager to execute a waiver and consent letter relating to Leonard, Street and Deinard representation of Walser Automotive Group. Basis of Recommendation: The City Attorney's office concurs that there is not a conflict relating to Leonard, Street and Deinard representation in this matter. Alternative Recommendation: The Council could decide not to execute the waiver and consent letter. Discussion/Decision Mode: This matter will be placed on the consent agenda for the Council meeting of July 13. Respectfully submitted, Jame . Prosser City Manager JDP:ds 0 ??????ED JUL 0 B 19 08 LEONARD, STREET AND DEINARD Z4Cl 0 July 7, 1998 BY FAX 861-9749 James Prosser, City Manager City of Richfield 6700 Portland Ave. So. Richfield, MN 55423 Dear Mr. Prosser: John Herman 612-335-1713 jhhl7l3@leonard.com Re Representation of Walser Automotive Group and Jack Walser (and any affiliated entities, "Walser") with respect to sale or condemnation of properties located at Penn Avenue and 494 and/or participation of Walser Automotive Group in the proposed redevelopment of the area by CSM. • Dear Mr. Prosser: We have been asked to represent Walser Automotive Group and Jack Walser in the above matter. The City of Richfield and its Housing and Redevelopment Authority ("Richfield") have been proposing the condemnation of certain properties owned by Walser and the location of certain Walser automobile dealerships at the corner of Penn Avenue South and 494 for a redevelopment project. At the present time, it appears that CSM has been or will shortly be designated as the redeveloper of this property by Richfield. Our firm has done, and continues to do work for the City of Richfield with respect to variotis legislative matters and with respect to the challenge by the City of Richfield of the adequacy of the environmental reviews and mitigation for the proposed North-South runway at the Minneapolis-St. Paul International Airport. We have not done work for Richfield with respect to the proposed redevelopment or acquisition or condemnation of the Walser property, and Richfield is represented by its normal outside counsel with respect to these redevelopment matters. Accordingly, we are requesting that Richfield consent to our firm's representation of Walser in the sale or condemnation of the Walser property and Walser's potential participation with CSM as a co-developer or otherwise in the redevelopment of the area. We do not believe 0 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612-335-1500 FAx 612-335-1657 PROFESSIONAL ASSOCIATION 1688432.01 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO July 7, 1998 Page 2 • that our representation of Walser will interfere with the integrity of our attorney/client relationship with Richfield on the other unrelated matters. Nonetheless, the decision to waive this conflict is one which rests entirely with Richfield. You may wish to consult with other counsel with respect to the advisability of your granting this consent. I appreciate your preliminary indication by telephone that Richfield would consent to this representation by our firm of Walser. We also assure you that Leonard, Street and Deinard will not engage in litigation against Richfield with respect to the condemnation in this matter, except for representation of Walser regarding valuation in the ordinary course of any condemnation proceedings. I appreciate your courtesy in responding promptly to this request. We have had one preliminary meeting with CSM and will meet further this week with respect to these matters, hence would like to have the conflict waivers in hand shortly. Would you please be good enough to sign the Waiver and Consent set forth below and return it to me by fax with a mailed original copy at your earliest convenience. Thank you very much for your attention to this matter. Very truly yours, LEONARD, STREET AND DEINARD By J&Vd- John H. Herman WAIVER AND CONSENT The undersigned, on behalf of the City of Richfield and the Richfield Housing and Redevelopment Authority, and any other related entities, have read and understand the foregoing letter, and on behalf of such entities hereby consent to Leonard, Street and Deinard's representation of Walser in the above referenced transactions and waive any and all claims of conflict of interest with respect to such transactions, all as set forth and limited in the above communication. CITY OF RICHFIELD and RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY By JHH/jh cc: Richard G. Pepin Barbara Jerich (via fax) City Manager 1688432.01 L)6 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 146 Agenda July 13, 1998 Issue Statement: Authorization of a resolution of support for the City to submit an application for a Livable Communities Demonstration Program planning grant to the Metropolitan Council. Background: Staff is preparing a Livable Communities application to request a $150,000 planning grant from the Metropolitan Council to study the feasibility of incorporating a telecommunications component in the Interchange West redevelopment area. The University of Minnesota's State and Local Policy Program is working with the Minnesota Department of Transportation to study the use of telecommunications technology to promote telecommuting and economic development in Minnesota. The program's representatives have approached Richfield, along with St. Paul, to develop demonstration projects that show how telecommunications infrastructure can be used to create more livable communities. The Richfield demonstration project would study how to incorporate state-of-the-art telecommunications and information technology in the Interchange West • redevelopment project. This additional level of infrastructure would be added to both the residential and commercial components of the proposed redevelopment project. The Interchange West "model" could then be used in other redevelopment projects in the City and possibly for retrofitting existing residential and commercial developments. Once a feasibility study is completed, the City might want to apply to the Metropolitan Council for implementation funds. The demonstration project is more fully described on the attached summary that was submitted in May for preliminary review by the Metropolitan Council. A resolution from the City Council is required for the complete application. Recommended Motion: Authorize a resolution to apply for a Livable Communities planning grant and support the Interchange West telecommunications demonstration project. Basis of Recommendation: 1. Involvement in the demonstration project would offer a unique opportunity for the City to provide state-of-the-art telecommunications and information services in both commercial and residential development. 0 qb-/ 2. Involvement in the demonstration project would allow the City to offer a unique . amenity in the housing component of the Interchange West redevelopment project and thereby encourage telecommuting. 3. The application is for a planning grant to study the feasibility of impelementing a telecommunications and information element in the Interchange West redevelopment project. It is an appropriate time to begin studying the feasibility while the project is in the planning stages. 4. CSM Corporation has expressed an interest and willingness to participate in the study. 5. The complete application is due to the Metropolitan Council by July 22, 1998. Alternative Recommendation: 1. Modify the proposal. 2. Decide to delay consideration to another year. 3. Choose not to support participation. Discussion/Decision Mode: An application would be completed and submitted to the Metropolitan Council by July • 22, 1998. Respectfully submitted, Jam Prosser City anager JDP:ds 0 t4&c9- Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund Project Summary Form (1998) 1. Proiect Name City of Richfield: An Electronically Enriched Community Demonstration Project 2. Proiect Location Initial Project Area: Interchange West Redevelopment Area (76th Street to I-494, Knox to Penn Avenues) Future Application Areas: Cedar Avenue Corridor; Richfield Lake Area (RLAP); Penn Avenue and 66th Street (PASSS); existing residential neighborhoods 3. Proiect Description (250 words or less) Redevelopment in Richfield offers a unique opportunity to use advanced technology to enhance the livability of this first-ring suburban community. Technology provides new transportation choices in an area with an already affordable housing stock. • Phase I redevelops an area called Interchange West, replacing existing uses with intense development of office, hotel, retail, and restaurant uses. A telecommunications hub can be a key new feature. Phase II replaces the existing adjacent four-block single family neighborhood with 200 townhome units, a housing choice not readily available in Richfield. Richfield, partnering with the Humphrey Institute's State and Local Policy Program, requests funds to plan and deploy a telecommunications and information element of the Interchange West redevelopment that can become a model for other communities with new and redevelopment projects. The study includes how to extend the technology to existing residential and commercial areas. Incorporating telecommunications technology in Richfield's commercial and residential areas attracts businesses and residents interested in reducing automobile travel. Key project elements include: (1) conducting a series of planning exercises to link the telecommunications and information services infrastructure to planning of other infrastructure in the redevelopment plan; (2) developing a viable telecommunications and information services design for the area in cooperation with appropriate private and/or public partners; (3) developing a model for implementing telecommunications infrastructure in other redevelopment areas in the City; (4) developing a process for retrofitting existing residential and commercial neighborhoods for telecommunications and information services. p:ucda_sum.doc 463 4 Special Features (list up to five unique features and describe each in fifteen words or less) The Richfield redevelopment initiative represents a unique opportunity to demonstrate an electronically enriched community in a key near suburban redevelopment project and to replicate the results in other areas of the City. Innovative features include: 1. Improve jobs-housing balance by bringing high-bandwidth and information services into fully developed areas. 2. Reduce automobile usage and traffic congestion through tele-commuting. 3. Design opportunities to add technology hubs and sub-hubs that enhance community livability. 4. Economic development opportunities by attracting information technology businesses and individual workers seeking electronically-enriched home office settings. 5. Create innovative partnerships among local government, private business, state agency, university, and redevelopment team. 5. Status of Proposal (25 words or less) The HRA is scheduled to consider approving a developer's agreement with CSM Corporation in June, 1998. Phase I construction is estimated to begin Summer, 1999. Funding Request: We will be asking for the maximum $150,000 planning grant for the project. 6. Contact Person • Julie Urban, Zoning Administrator, City of Richfield, 6700 Portland Avenue, Richfield, MN, 55423; Phone: 861-9766; Fax: 861-8974 Bruce Nordquist, Housing and Redevelopment Manager, City of Richfield, 6700 Portland Avenue, Richfield, MN, 55423; Phone: 861-9777; Fax: 861-8974 Murray Kornberg, CSM Corporation, Westgate Business Center, Phase IV, 2575 University Avenue West, Suite 150, St. Paul, MN, 55114-1024; Phone: 646-1717; Fax: 646-2404 Lee W. Munnich, Jr., Senior Fellow and Director, State and Local Policy Program, HHH Institute, University of Minnesota, 157 Humphrey Center, 301 19th Avenue South, Minneapolis, MN 55455; Phone: 625-7357; Fax: 626-9833 Milda K. Hedblom, Adjunct Faculty and Director, Telecommunications and Information Society Policy Forum, HHH Institute, University of Minnesota; Phone 645-5051; Fax 645-5023 • p:ucda_sum.doc ......... ... 46 n nrx: ?.air3 esa I Y 4 4 c E?? y ?- g l l f l I e ?a T{Sp x° ?z I i° ON g??i YTdl °ex I7 y?? Y ? ?S Y?a?c 31???l fia?i3is Y?9136 R , ? _I ???:I :I WI i ;w l q£ ' 3 : r ?N PSIOj, b$ F C!? §s iT?6 y s z:,- :6 1 1 ll it s } O e?'3 a NVOO1 l? -I -- I , i sol,nan --- 3ZT.-- ---- w Ell -? ------------ j i------- - - - - S-'- -- -.-'.-3AV - - - -° -NAI3d i, I 1 I"I f • 1' Z® s" I I I ?I ?r II F C it n I~ C/] E- z w w¢ E- 0 W U) aW w0z .a z W? z> W ° w w fs. ? x z U wa as x R: o ? 8 i 'aaz r p s U!a ? t? 48-S RESOLUTION NO. RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Richfield is a participant in the Livable Communities Act's Housing Incentives Program for 1998 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account ; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose(s) and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations stated in the contract agreement; and WHEREAS, the City Council of Richfield, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on July 22, 1998. • NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Richfield and to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 q11 CITY OF RICHFIELD, MINNESOTA Council Letter No. 145 Agenda July 13, 1998 Issue Statement: Resolution affirming municipal tort liability limits established by Minnesota Statutes 466.04 Background: The State Statute that governs tort liability limits for municipalities was recently amended. One major change contained in that amendment was to raise the monetary limits of exposure for any municipal liability claim. The previous limits of $200,000 for a single claimant and $600,000 for any single occurrence were raised to $300,000 per single claimant and $750,000 per occurrence. With the previous limits, the League of Minnesota Cities Insurance Trust through which the City purchases insurance, automatically waived a City's single claimant liability limit in providing the insurance. Thus, any single claimant could recover up to $600,000 against the City for a liability claim. With the change of liability limits, this option is no longer automatically invoked by the League of Minnesota Cities Insurance Trust. Instead, the waiver of liability limits must be acted upon by each individual city by Council action. The question for the City of Richfield is whether the City would voluntarily waive the statutory limits for both the single claimant and each occurrence. If the single limit was waived it would allow an individual claimant to recover up to the $750,000 single occurrence limit. If the City waived its per occurrence liability limits and purchased excess liability insurance, a single claimant could potentially recover up to the amount of the limit of the additional coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to the amount of coverage purchased regardless of the number of claimants. Since the new law was implemented, the majority of cities in Minnesota have elected not to waive the monetary limits on municipal tort liability that was established by Minnesota Statutes 466.04. In other words, most cities were standing by the statute which would allow an individual claimant to recover no more than $300,000 on any individual claim and that all claimants recover no more than $750,000 per single occurrence. The election to waive limits of liability is an action that may be reviewed by the City Council on an annual basis. City staff, in examining the actions of other municipalities across the state and its own risk management practices, is recommending that the City not waive the monetary limits on municipal tort liability. Recommended Motion: Adopt a resolution authorizing the City not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. qA-1 Basis of Recommendation: 1. The new limits have been increased to provide greater coverage for claimants 10 against municipalities. The increase taking effect in 1998 is the first step in a series of increases that will eventually bring the limits up to $1,000,000 per occurrence in the next few years. 2. The City of Richfield does not purchase excess liability coverage because of the excessive cost of such coverage. 3. The majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by statutes 466.04. 4. The tort liability limits established by Minnesota Statutes have protected cities historically and no court has awarded an amount to a claimant in excess of the statutory limits for municipalities in Minnesota. 5. There is a premium savings for cities that affirm the monetary limits on tort municipal liability in their package coverage with League of Minnesota Cities Insurance Trust. The savings for the City would be approximately $5,000 to $6,000 for the first year. 6. The City could waive it's statutory limits in future years if the City Council should decide to do so. Alternative Recommendation: 1. If the City Council feels that any single claimant should receive more than the $300,000 limit, the City could elect to waive the monetary limits on tort liabilities established by Minnesota Statutes. 2. If the City believes that the $750,000 limit is not adequate, the City could purchase excess liability coverage in the amount of $1,000,000 in excess of the limit at a cost of approximately $55,000 and subsequently waive the limits of liability so individuals suing the City could collect up to the amount of coverage purchased by the City. Discussion/Decision Mode: The City's insurance policy with the League of Minnesota Cities Insurance Trust renews on July 1, 1998. Thus, it is important that the City Council take action as soon as possible after the first of July to either affirm or waive the monetary limits on tort liabilities established by Minnesota Statutes 466.04. Respectfully submitted, Ja D. Prosser to City anager JDP:ds q4-d RESOLUTION NO. RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.40. WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the City of Richfield does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of July, 1998. • Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk is yA 3 • • LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to-waive or not to waive the statutory limits has the following effects:.: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover fora single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply-would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of . ? 1 CH FIE Lb accepts liability coverage limits of $ Minnesota Cities Insurance Trust (LMCIT). from the League of Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. r? Date of city council meeting Signature Position Return this completed fonn to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page I of I VA - ? LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to-waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a*single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. .. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. • This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of . Ic14rI&Lb?. accepts liability coverage limits of $ Minnesota Cities Insurance Trust (LMCIT). from the League of Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed fonn to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 4s Page I of I 1 `