04-14-97 agendaCITY OF RICHFIELD, MINNESOTA
• MONDAY, APRIL 14, 1997
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 THE (1) REGULAR CITY COUNCIL MEETING OF
MARCH 24, 1997 AND (2) REGULAR CITY COUNCIL STUDY SESSION OF APRIL 7,
1997
PRESENTATIONS
INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO
• PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE
RECORD.
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
2. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 27 AS ARBOR
DAY AND MAY AS ARBOR MONTH
COUNCIL LETTER NO. 86
3. PRESENTATION OF PROCLAMATION RECOGNIZING THAT EARTH DAY,
NATIONALLY CELEBRATED ON APRIL 22, WILL BE CELEBRATED AT WOOD
LAKE NATURE CENTER ON APRIL 27 IN CONJUNCTION WITH ARBOR DAY
CELEBRATION
COUNCIL LETTER NO. 87
4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 3 AS PUBLIC
WORKS DAY AND MAY AS PUBLIC WORKS MONTH
• COUNCIL LETTER NO. 88
5. PRESENTATION OF PROCLAMATION DESIGNATING MAY 3 AS NATIONAL
• DRINKING WATER DAY AND MAY 4-10,1997 AS NATIONAL DRINKING WATER
WEEK IN CITY OF RICHFIELD
COUNCIL LETTER NO. 89
AGENDA APPROVAL
6. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
7. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY
REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR
AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND
ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE
RECOMMENDED FOR APPROVAL.
A. CONSIDERATION OF APPROVAL.OF RESOLUTION AUTHORIZING
SUBDIVISION WAIVER AT 6633 WASHBURN AVENUE C.L. 90
. B. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO REPAIR
AND REPLACE FLOATING BOARDWALK AT VETERANS MEMORIAL PARK
OF RICHFIELD TO ALLTECH ENGINEERING CORPORATION IN AMOUNT
OF $47,534 C.L. 91
C. CONSIDERATION OF APPROVAL OF 1997 NEW AND USED MOTOR
VEHICLE DEALER LICENSE FOR WALSER BARGAIN LOT, 6529 PENN
AVENUE C.L. 92
PUBLIC HEARINGS
8. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION APPROVING
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF BUILDING FOR
USE BY RESTAURANT AND EIGHT -BAY AUTOMOTIVE MECHANICAL GARAGE
AT 3020 WEST 66TH STREET
COUNCIL LETTER NO. 93
9. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION GIVING FINAL
APPROVAL FOR CONSOLIDATION OF RICHFIELD FIRE RELIEF ASSOCIATION
WITH PERA POLICE AND FIRE FUND
0 COUNCIL LETTER NO. 94
10. PUBLIC HEARING AND SECOND READING OF CHANGES IN RICHFIELD CITY
CODE SECTION 400 TO UPDATE CITY BUILDING REGULATIONS TO LATEST
. VERSION OF STATE BUILDING CODE
COUNCIL LETTER NO. 95
11. PUBLIC HEARING AND SECOND READING OF CHANGES IN RICHFIELD CITY
CODE SECTION 400 TO UPDATE CITY FIRE PREVENTION REGULATIONS TO
LATEST VERSION OF STATE FIRE CODE
COUNCIL LETTER NO. 96
RESOLUTIONS
12. CONSIDERATION OF RESOLUTION APPROVING FINDINGS OF FACTS
RELATED TO DENIAL OF CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF 150 -FOOT TELECOMMUNICATIONS TOWER AT 200
WEST 78TH STREET
COUNCIL LETTER NO. 97
13. CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT
BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING
9 ENGINEERS, LOCAL 49 AFL -CIO, FOR YEARS 1997 -1999
COUNCIL LETTER NO. 98
14. CONSIDERATION OF RESOLUTION REQUESTING COMMISSIONER OF
TRANSPORTATION TO TRANSFER $85,000 FROM RICHFIELD'S MUNICIPAL
STATE AID CONSTRUCTION ACCOUNT TO RICHFIELD'S MAINTENANCE
ACCOUNT TO FINANCE MILLING AND OVERLAY OF 65TH STREET FROM
XERXES AVENUE TO PENN AVENUE
COUNCIL LETTER NO. 99
PROPOSED ORDINANCE
15. FIRST READING CONSIDERATION OF ORDINANCE AMENDMENT REZONING
LAND AT 6309 -11 PORTLAND AVENUE FROM TWO FAMILY RESIDENCE TO
SINGLE FAMILY RESIDENCE
COUNCIL LETTER NO. 100
ADMINISTRATIVE REPORTS AND OTHER BUSINESS
• 16. CONSIDERATION OF POTENTIAL LOCATIONS FOR NEW STORM WATER
STORAGE POND NEAR RICHFIELD LAKE
COUNCIL LETTER NO. 101
17. CONSIDERATION OF AGREEMENT WITH SHORT ELLIOT HENDRICKSON TO
• PROVIDE PROFESSIONAL SERVICES FOR PROGRAMMING AND
PRELIMINARY DESIGN OF NEW CITY MAINTENANCE FACILITY LOCATED AT
VETERANS MEMORIAL PARK OF RICHFIELD IN AMOUNT NOT TO EXCEED
$89,100
COUNCIL LETTER NO. 102
18. CONSIDERATION OF AWARD OF CONTRACT FOR LYNDALE AVENUE
OVERLAY PROJECT TO ASHBACH CONSTRUCTION IN AMOUNT OF
$89,817.25
COUNCIL LETTER -NO. 103
19. CONSIDERATION OF APPOINTMENT OF MICHAEL EASTLING AS PUBLIC
WORKS DIRECTOR
COUNCIL LETTER NO. 104
AIRPORT BUSINESS
20. CONSIDERATION OF RESOLUTION APPROVING SECOND AMENDMENT TO
CITY OF RICHFIELD GOLF COURSE LEASE AGREEMENT WITH
METROPOLITAN AIRPORTS COMMISSION
COUNCIL LETTER NO. 105
21. AIRPORT STATUS REPORT
22. LEGISLATIVE REPORT
CORRESPONDENCE
COUNCIL CHOICE
23. COUNCIL DISCUSSION ITEMS
24. CLAIMS AND PAYROLLS
25. 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.
)
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 105
Agenda April 14, 1997
Issue Statement:
Consideration of a resolution approving a second amendment to the City of Richfield
Golf Course lease agreement with the Metropolitan Airports Commission.
Background:
In October 1996, the MAC approved termination of the youth athletic fields, community
gardens and Rich Acres Golf Course land lease agreement. The City Attorney's legal
opinion found that MAC's decision to terminate the lease agreement was in direct
violation of the lease agreement and environmental laws. City officials were advised
that the lease agreement was designed to give Richfield adequate notice to plan for
replacement of recreational facilities. It was further stated that pursuant to the
Minnesota Environmental Policy Act an Environmental Impact Statement needs to be
prepared and determined as legally adequate. On November 18, 1996, the City, under
direction of the City Council, commenced a lawsuit against MAC in Hennepin's District
Court.
After the introduction of legislation by Senator Dave Johnson and Representative
Edwina Garcia in early March, the MAC agreed to meet with City representatives. By
the end of March, both parties had reached an acceptable agreement. The basic terms
of the proposed settlement include:
• The MAC would agree not to retake the ball field portion of the lease premises until
October 31, 1998 at the earliest.
• The MAC would provide the City with a phasing plan which would outline the
timeframe for retaking portions of the lease premises. The phasing plan would also
provide for potential continued use of portions of property such as the golf course
and ball fields during some utility construction work.
• The MAC would withdraw its notice of lease termination.
• The City of Richfield would agree to amend the lease agreement term of notification
from 18 months to 90 days.
• The MAC would agree to not retake the lease premises until all EIS activities are
completed or 90 days prior to the start of construction, whichever is later.
Recommended Motion:
Approve the attached resolution authorizing execution of an agreement with the
Metropolitan Airports Commission regarding the Rich Acres Golf Course lease
agreement.
Basis of Recommendation:
1. The agreement addresses the major concern of the of the City regarding notification
and timing of acquisition.
acs -i
0 2. The agreement avoids the effort and expense of litigation.
Alternative Recommendation:
Proposal of additional changes to be included in the amended lease agreement.
Discussion /Decision Mode:
A decision is needed by April 28, 1996 as the amendment would be effective May 1,
1997.
Respectfully submitted,
Ja e�D. Prosser
City Manager
JDP:cak
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• RESOLUTION NO.
RESOLUTION AUTHORIZING APPROVAL OF SECOND AMENDMENT TO
CITY OF RICHFIELD GOLF COURSE LEASE AGREEMENT
WHEREAS, the Metropolitan Airports Commission and the City of
Richfield entered into the Golf Course Lease dated November 20, 1978, and
under which the Metropolitan Airports Commission leases land to the City of
Richfield located at the Minneapolis -St. Paul International Airport as designated
in the Lease commencing January 1, 1979; and
WHEREAS, the parties desire to amend the Lease to shorten the notice
period for recovery of the premises, to define certain environmental review
requirements which must be accomplished before recovery of the premises, to
provide for phasing of recovery of the premises, and to maintain the use of the
ball fields located on the premises until October 31, 1998.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the Mayor and City Manager are hereby authorized and directed
for and on behalf of the City of Richfield to execute and enter into an agreement
with the Metropolitan Airports Commission prescribing the terms and conditions
of said second amendment to City of Richfield Golf Course Lease Agreement as
set forth and contained in Attachment A of this resolution, and is hereby
amended effective May 1, 1997.
Passed by the City Council of the City of Richfield this 14th day of April,
1997.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
MAR 25 '97 11;31 FAEGRE & BENSON P.2
o ~3
SECOND AMENDMENT TO CITY OF RICHFIELD
GOLF COURSE LEASE AGREEMENT
THIS AGREEMENT is made this day of , 1997, between the Metropolitan
Airports Commission ( "Commission "), a public corporation of the State of Minnesota, and the
City of Richfield, a municipal and political subdivision of the State of Minnesota ( "City ").
WITNMETH:
WHEREAS, Commission and City entered into the ("loll Course Lease dated November 20,
1978 ("Lease "), under which Commission leases to City land located at the Minneapolis -St.
Paul International Airport as designated in the Lease commencing January 1, 1979.
WHEREAS, the parties desire to amend the Lease to shorten the notice period for recovery of
the premises, to define certain environmental review requirements which must be accomplished
before recovery of the premises, to provide for phasing of recovery of the premises, and to
maintain the use of the ball fields located on the premises until October 31, 1998,
NOW, THEREFQRE, in consideration of rental fees and other valuable consideration including
the mutual undertakings of the parties as set forth herein, it is agreed by and between
Commission and City that the Lease is hereby amended effective May 1, 1997, as follows:
1. Paragraph (6) of the Lease shall be revised as follows:
(6) Recovery by Commission. Commission at any time during
the lease term or renewal term shall have the right to retake
possession of all or portions of the premises then under lease to the
City pursuant hereto for airport purposes based upon a real and
present need for use of such land by Commission for aeronautical
or other purposes directly relating to the development and use of
the airport, or relating to the elimination of hazard to flight of
aircraft to or from the airport, or hazard to persons from flight of
aircraft to or from the airport. The Com__injon's obligation of
demonstrating "A real and present need" shall be fulfilled when an
en�i*onmental impact statement has been completed and a
Determination of Adeauacy has been made and a Record of
Decision has been issued for any proiect for which the
Commission is exercising its right to retake possession. In the
event of Commission's exercise of its right to retake possession, it
DRAFT DRAFT 3/25/97
MAR 25 197 1132 FAEGRE & BENSON
P.3
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shall give at least ninety days notice in writing of its intention so to
do, and, in the event recovery is only of a portion of the leased
premises, Commission may give the City the right to relocate the
facilities to other lands as the Commission may designate, which
lands shall be of similar acreage and usability and of equal or
relatively equal accessibility to the remainder of the municipal golf
course, in which event the City shall have sisWews aee& nip
days within which to relocate the facilities, grade and seed the
alternative area, the cost of which will also be included in "cost of
recovery purposes' as provided in paragraph (5) above, and
thereupon the Lease shall continue for its full term upon such
alternative area. Should Commission retake possession of the
entre leased premises or should it not provide alternative space
and replace or relocate the golf course as required, then this Lease
shall terminate eioum me no earlier than ninety days after
Commission mails to the. City notice in writing of its intention to
retake possession. In no event shall Commission retake possession
of all or a portion of the leAAed premises until an environmental
iWact stgg= has been comgleted and -a Determination of
Adequacy has been made and a Record of Decision has been
sued for any project fgr which the notice of termination is being
given or until ninety days before the scheduled beginning of
construction for such protect, whichever date is later.
Nptwithstanding any provision in this weement to the contrary.
Commission shall not retake possession of go portion of the
leased premises on which ball fields d until October 31.
1998 Exhibit 1 to the Second Amendment depicts the location
those ball fields. If repossession occurs during the initial Lease
term, or any extension or renewal thereof, MAC, upon termination
of the Lease under this paragraph (6), shall pay to the City the
amount of unamortized capital investment, if any, which then
remains outstanding. It is understood and Commission agrees, in
the event it retakes possession of all or any part of the leased areas,
that it will not require the FAA to participate with Federal funds in
any of the costs associated therewith.
Notwithstanding any of the foregoing provisions of this agreement,
in the event that the Commission retakes possession of all or
portions of the areas described in "Exhibit C' attached hereto,
there shall not be included in "cost for recovery purposes" as
provided in paragraph (S), and the Commission will not be
obligated to pay to the City the amount of any unamortized capital
investment of the City then existing in respect thereto.
•
2 DRUT 3W07
MAR 25 197 11:32 FAEGRE & BENSON
'2D-E;
2. A new paragraph (6A) shall be added to the Lease as follows:
(6A) Phasing of Lease TIMi ation. Within 120 days after
execution of the Second Amendment, the Commission, in
consultations with the City, shall prepare a phasing plan relating to
any project for which the Commission contemplates that a notice
of termination may be given. As part of this plan, the Commission
shall set out a sequence for retaking possession of the leased
premises. In preparing the plan, the Commission shall sequence
the retaking of portions of the leased premises in a manner which
permits the City to continue to lease and use portions of the leased
premises for as long as possible consistent with the Commission's
need to retake possession of portions of the leased premises.
Paragraph (10) of the Lease shall be revised as follows:
(10) Commies ion Right of EM. Commission shall at all times
and through its agents and employees or contractors have a right to
entry upon the lands under lease, as may be necessary in the
development, maintenance, operation and control of the airport,
with the further right reserved to Commission to install and
imaintain under the lands under lease such utility lines, conduits,
pipes, tunnels and other facilities as may be necessary to the
development of said airport, provided Commission shall at its cost
and expense repair any damages and restore any portion of the
leased premises damaged by reason of such installation and
maintenance. Commission shall use its best df=10 exercise its
right under this P*A�h (10) in a manner which allows the City
to continued to make use of the leased premises for their nnmary
RUM-010,
[THE BLANACE OF THIS PAGE INTENTIONALLY LEFT BLANK)
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P.4
3 DAAFr 3/Z5 7
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MAR 25 '97 11-33 FAEGRE & BENSON P.5
IN WTTNESS WHEREOF the parties have caused this Second Amendment to the Lease to be
executed on the day and year first written above.
In Presence Of METROPOLITAN AIRPORTS COMMISSION
By
Chairman
By
Secretary
In Presence Of CITY OF RICHFIELD
By
Mayor
By
City Manager
M1:0142047.01
4
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 104
Agenda April 14, 1997
Issue Statement:
Consideration of the appointment of Michael Eastling as Public Works Director.
Background:
The City Charter of Richfield, Section 6.027, Subd. 3 provides that the City Manager
shall appoint all heads of departments and that appointments shall be final only upon a
majority vote of the Council. The Public Works Director position was posted for an
internal recruitment that closed on February 24, 1997. Two internal candidates applied
for this position.
The screening process for the candidates included:
• Review of Accomplishment Record Index. This instrument measures candidate
experience with requisite management and technical skills.
• Psychological /Management Assessment. A psychologist administers a profile
instrument to assess management capability suitable for the position.
i• Panel Interview. The City Manager; Human Resources Manager; Charlie Honchell,
Public Works Director from Bloomington; and Dr. Robert Clift, a consulting.
psychologist, interviewed the candidates for final assessment.
Recommended Motion:
Approve the appointment of Michael Eastling as Public Works Director.
Basis of Recommendation:
1. An interview panel had determined that Mr. Eastling is well suited for this position.
2. The screening process indicates that Mr. Eastling is well suited for this position.
3. Mr. Eastling's work experience indicates that he will meet the needs of this
position.
Alternative Recommendation:
1. The Council can reject this recommendation and direct the City Manager to
undertake additional recruitment.
2. The Council may defer action on this item to a later date.
•
ig-I
Discussion /Decision Mode:
This matter will be presented for Council action on April 14, 1997. The City Charter
requires concurrence by a majority of the City Council of appointments by the City
Manager. This means three affirmative votes of Council Members will be required.
Respectfully submitted,
Jamfnager
rosser
City
JDP:cak
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 103
Agenda April 14, 1997
Issue Statement:
Consideration of award of contract for Lyndale Avenue Overlay Project.
Background:
In 1981, Lyndale Avenue from 74th Street to Lake Shore Drive was reconstructed.
Since that time the road has received routine maintenance and has stayed in good
driving condition. Only in the last year and a half has the surface condition rapidly
deteriorated to its present condition. The road's present condition is such that in a
number of areas, a large portion of the top layer of asphalt is breaking up and
delaminating from the lower asphalt layer. To repair this condition, it has determined
that the best course of action would be to remove the top two inches of asphalt by a
milling operation after which a new two inch layer would be placed. The Lyndale
Avenue overlay will replace the Lake Shore Drive overlay in the revised 1997 Capital
Budget. The revised total project cost is $110,000 including engineering costs. Since
this road is designated as a municipal state aid road, this project is eligible for state aid
funds.
Bids for this project were opened at 11:15 a.m. on Wednesday, April 2. Ten of the 11
Is plan holders submitted bids for the project work. The project work includes milling and
overlaying the top two inches of asphalt followed by lane striping. A copy of the bid
minutes and tabulation is.attached for review.
Recommended Motion:
Accept the bid minutes /tabulation and award contract for the Lyndale Avenue Overlay
Project to Ashbach Construction for $89,817.25.
Basis of Recommendation:
1. Ashbach Construction has worked in other municipalities before and is a qualified
contractor.
2. State aid funds are available for this project. $3 million is available in this state
account and an additional $750,000 is available annually.
3. The project is needed and is timely considering the roads present condition.
4. The Lyndale Avenue overlay project will replace the Lake Shore Drive overlay
project in the revised 1997 Capital Budget.
Alternative Recommendation:
Council could reject all bids; however, the price bid by Ashbach Construction is below
the Engineer's estimate of costs and it is doubtful that better bid prices can be attained
9-1
by re- bidding the project. Further delay will only worsen the condition of the street
where deeper damage could occur thus increasing the expense of repair.
Discussion /Decision Mode:
This item is scheduled for April 14, 1997 Council meeting. Action is requested at this
time to allow the least disruptive scheduling of the work.
Respectively submitted,
Jame . Prosser
City M pager
JDP:cak
•
•
•
CITY OF RICHFIELD, MINNESOTA
Bid Opening
April 2, 1997
11:15 a.m.
Lyndale Avenue Mill and Overlay
S.A.P. No. 157 - 363 -16
City Project No. 401 -30 -553
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for Lyndale Avenue mill and overlay,
as advertised in the official newspaper on March 19, 1997.
Present: Thomas Ferber, City Clerk
Steve Devich, Administrative Services Director
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
VENDOR
Bid Security
Total Base Bid
Ashbach Construction
5% Bid Bond
$ 89,817.25
St. Paul
Bituminous Roadways, Inc.
5% Bid Bond
$ 111,835.30
Inver Grove Heights
Frattalone Paving, Inc.
5% Bid Bond
$ 107,988.60
St. Paul
Hardrives, Inc.
5% Bid Bond
$ 108,474.33
Roger
McNamara Contracting, Inc.
5% Bid Bond
$ 99,697.55
Rosemount
Midwest Asphalt Corporation
5% Bid Bond
$ 99,617.72
Hopkins
Northwest Asphalt, Inc.
5% Bid Bond
$ 94,194.09
Shakopee
Tower Asphalt, Inc.
5% Bid Bond
$ 102,460.95
Lakeland
Valley Paving, Inc.
5% Bid Bond
$ 95,941.84
Shakopee
Vi -Con, Inc,
5% Bid Bond
$ 97,722.57
Northfield
The City Clerk announced that the bids would be tabulated and considered at the April
14, 1997 City Council Meeting.
Thomas P. Ferber City Clerk
I11�7
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 102
Agenda April 14, 1997
Issue Statement:
Consideration of agreement for design of new City maintenance facility.
Background:
On January 27, 1997 the City Council took action to select a site in Veterans Memorial
Park of Richfield adjacent to the Water Plant as the site for a new City maintenance
facility. On February 19, 1997 City staff interviewed consulting firms for provision of
design and construction services. Six firms were interviewed. The firm of Short Elliot
Hendrickson (SEH) is one of the firms which has a general or master consulting
agreement with the City. SEH had the variety of experience the City was seeking and
has an approach to the project which staff believes gives the best chance for success.
There are two phases for the design portion of the proposed agreement between the
City of Richfield and SEH related to the City maintenance facility. The programming
phase or study and report phase calls for the gathering and documentation of all
physical needs. The final program report will include documentation of space
requirements, prioritization of the needs, cost estimates, outline specification of building
systems and implementation schedules. Work under this phase will be performed on a
standard hourly billing rate plus reimbursable expenses with a not -to- exceed limit of
$49,200.
The schematic or sketch and preliminary design phase calls for development of a
building design which addresses the needs identified in the programming phase.
Schematic work will be performed on a standard hourly billing rate plus reimbursables
with a not -to- exceed limit of $23,900. More detailed definition will develop a virtual
reality image with this work performed on a standard hourly billing rate plus
reimbursables not -to- exceed $11,500.
Related work which would be a part of the proposed agreement calls for verification of
site survey information and development of a base map. This work will be performed
on a standard hourly billing rate plus reimbursables not -to- exceed $4,500. In addition,
the consultant, as part of the proposed agreement, will prepare public newsletter
publications and develop site layout options for consideration.
All the work of the programming portion of the proposed agreement is currently
scheduled for completion on or about September 1, 1997. The schematic of the project
will be available for Council review at that time. If the design is accepted, it would then
be necessary to enter into agreement for detailing of the design as needed for entering
into the bidding and construction portion of the work.
• Recommended Motion:
Approve an agreement with Short Elliot Hendrickson in an amount not to exceed
$89,100 to provide professional services for programming and preliminary design of a
new City maintenance facility to be located in Veterans Memorial Park of Richfield.
• Basis of Recommendation:
1. The City is in need of a new maintenance facility. Several alternatives have been
studied and the site at Veterans Memorial Park of Richfield has been selected.
2. Six firms were interviewed to provide professional consulting services for the
design and construction of a new City maintenance facility. The staff found the
firm of Short Elliot Hendrickson to have the experience and approach most in
keeping with what was being sought for the City's new maintenance facility.
3. The fees associated with the proposed agreement to provide program and
schematic services for design phase of the project are in keeping with the total
estimated budget for the work of $5,000,000.
Alternative Recommendation:
1. Do not construct a new City maintenance facility. However, the City has long
been aware of a need for improving or relocating the City's maintenance facility.
The need for a new facility has been particularly apparent since 1992 when the
City maintenance facility at 7700 Pillsbury Avenue was partially demolished and
the Lampert site purchased and remodeled to make room for the 77th Street
Project. With the improvement of 77th Street, there has been increased interest in
the property_ between 1 -494 and 77th Street which now houses the City
maintenance functions.
• 2. Select a different consultant. Council could choose to have staff pursue
agreement with one of the other firms interviewed or direct staff to interview
additional firms. Staff interviewed five other firms but elected to recommend SEH
as outlined above.
3. Direct staff to renegotiate the fees for the professional services to be provided by
SEH. However, the fees are based on the master agreement between SEH and
the City of Richfield and are in keeping with the size and scope of the project.
Discussion /Decision Mode:
This item is scheduled for Council action on April 14, 1997. Council could chose to
delay action by selecting an alternate recommendation or taking a separate action.
However, delay in action to select and enter into agreement with a consultant/design
engineer will delay the construction and occupation of a new City maintenance facility
for alike or longer period of time.
Respectfully submitted,
Jame . Prosser
City Manager
JDP:ds
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 101
Agenda April 14, 1997
Issue Statement:
Consideration of potential locations for a new storm water storage pond near Richfield
Lake.
Background:
At the March 25 Planning Commission meeting, the Planning Commission reviewed
three possible storm water treatment pond locations. The new storm treatment water
pond is needed to accommodate the increased runoff that will result from the upgrade
of 1 -35W and the Crosstown Highway. The three locations included the Wood Lake
Park apartments, the single family area immediately north of Richfield Lake and
Lyndale Garden Center. In making their recommendation the Planning Commission
considered the following technical data presented by Pete Willenbring of WSB, the
City's engineering consultant:
Data on land use and the reuse potential of the three sites as presented by
Community Development staff
• Past public comments from a March 13 open house
• Public comments received at the March 25 meeting
Please refer to the various attachments for more detailed background information.
After reviewing the various data the Planning Commission recommended on a vote of
5 -3 that the Lyndale Garden Center be the location for the new storm water pond.
Recommended Motion:
Adopt a motion approving the Lyndale Garden Center as the preferred site for a two to
three acre storm water storage and treatment pond.
Basis of Recommendation:
1. It is has been determined by MnDOT and confirmed by the City engineer that two
to three acres of land will be needed for a new storm water pond as a result of the
highway improvements.
2. The City's engineering consultants have reviewed several potential locations for
the new pond and have determined that the Lyndale Garden Center site would be
the most appropriate and effective location for the pond.
0 3. At nearly ten acres in size the garden site has the highest potential for reuse after
consumption of two to three acres for a pond.
/6--/
0 4. At the March 25 Planning Commission meeting they recommended to the City
Council that the garden center site be the location for the new pond.
Alternative Recommendation:
1. Defer action until April 28, 1997.
2. Select one of the other two potential pond locations.
Discussion /Decision Mode:
Over 1,300 notices were mailed out to residents and businesses in the Richfield Lake
area inviting them to attend the March 25 Planning Commission meeting to voice their
opinion regarding the pond location. Only three individuals addressed the Commission
on this issue. Both the ownership and management of Lyndale Garden Center were
notified of this meeting but neither was in attendance. That same letter invited people
to the City Council meeting on April 14.
Respectfully submitted,
Jam D. Prosser
City Manager
is JDP:ds
•
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PROBLEM
STATEMENT
eed 2 -3 acres of land for
stormwater treatment pond
near Richfield Lake
APARTMENT
OPTION
Wood Lake Park
ATTACHMENT A 1
OPTION
Lyndale Garden
Center
dvantages
■Type B pond will treat all
drainage to Richfield Lake
■Potential for redevelopment
(new businesses and housing
diversity)
■Increased tax base with
redevelopment
■Reduced maintenance with
new pond next to lake
Disadvantages
NLoss of existing business
■Possible high land cost (offset
- some by residual land value)
4 -10 Lots North of
Lake
Won't Disrupt Lake
■35W Drainage Could Be
Handled Near 35W
■Type B Pond Treats All
Drainage in Watershed
? Disadvantages
ELoss of 4-10 S. F. Homes
■Type A Pond Treats 35W
Drainage Only
SHigh Maintenance If Pond Far
From Lake
NNo Redevelopment Potential
EModerate Decrease in Tax
Base
1
Advantages
35W drainage could be
handled near 35W
Disadvantages
■Type A pond treats 35W
drainage only
RHigh land cost
■Little redevelopment potential
■Loss of 90 housing units
■High maintenance with new
pond far from lake
ELargest decrease in tax base
Public Involvement
Process
March 13 Open House
Receives Public Comment
March 25 Planning
Commission Recommends
Preferred Option for Storm
Treatment Pond
■ April 14 City Council Acts on
Planning Commission
Recommendation
ATTACHMENT A 1
OPTION
Lyndale Garden
Center
dvantages
■Type B pond will treat all
drainage to Richfield Lake
■Potential for redevelopment
(new businesses and housing
diversity)
■Increased tax base with
redevelopment
■Reduced maintenance with
new pond next to lake
Disadvantages
NLoss of existing business
■Possible high land cost (offset
- some by residual land value)
4 -10 Lots North of
Lake
Won't Disrupt Lake
■35W Drainage Could Be
Handled Near 35W
■Type B Pond Treats All
Drainage in Watershed
? Disadvantages
ELoss of 4-10 S. F. Homes
■Type A Pond Treats 35W
Drainage Only
SHigh Maintenance If Pond Far
From Lake
NNo Redevelopment Potential
EModerate Decrease in Tax
Base
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0 COMMENTS RECEIVED AT MARCH 13, 1997 OPEN HOUSE
V
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•
ATTACHMENT B
' PAGE 1
NAME
COMMENT
Robert D. Nelson
Visual Appearance. Consider areas that can be landscaped - such as curve north of 66th -
7410.Girard Avenue
so the freeway can be as attractive as 35E from 7th Street to downtown St. Paul.
798 -6051
Sound Abatement. When building sound walls, consider the materials and angles of wall
surface which will not reflect sound - (recall the ceiling of Orchestra Hall) as well as
thickness and density of walls to restrict pass through of sound. Also you may recall some
public phone booths that have some sort of sound panels that work well. When you put
your head inside that area, it is quiet! What can that tell highway sound engineers of how
to provide sound absorption on a large scale ?!
Jim & Pat Matczynski
We would like to be able to give input for a sound wall on the west side of 35W. Irving
6911 Irving Avenue
Avenue is affected by noise from 35W and residents should be able to vote for or against a
861 -1282
sound wall. If a sound wall is constructed, could it be built to absorb noise rather than
bounce sounds?
Gary Ness
I support the commercial option for the water treatment pond. Build a sound wall along
1611 W. 72nd Street
35W between 73rd and 68th Street.
866 -3596
Barb & Steve Uphoff
We have studied the proposed expansion of 35W /Hwy 62. We just want you to know that
6540 Emerson Avenue
we are considering relocating as we feel we are outgrowing our home.
869 - 0947/861 4303 -w
Lonnie Birhanzel
Install a noise wall on Richfield side of freeway to extend all the way to Portland Avenue.
6227 Fifth Avenue
Wall should be kept as low as practical. Suggest 10' above present street level. Install
861 -5085
sidewalkibike path to connect Fifth Street to Portland Avenue, thereby creating a pathway
all the way from Nicollet to Portland.
Linda Saathoff
I live at 6420 Emerson. I am not looking forward to the noise barrier wall coming so close
6420 Emerson Avenue
to our back yard. and would appreciate it being built as far to the west as possible.
861 -2651
Jim Saathoff
I have concern that moving the retaining wall next to the alley on the 6400 block of
6420 Emerson
Emerson will create a drainage problem if the alley is not improved as part of the
861 -2651 456 -4511
wall /freeway construction project.
Regina Saleck
We cannot be left so close to the road - Crosstown. Noise and pollution are horrible now
6211 Clinton Avenue
and not healthy, for us. Walls are cracking and so is our driveway.
866 -8000
Brad Olson & Lyn Froiland
Want to know if widening 66th Street will acquire their home. They are interested in
1317 W. 66th Street
selling. Need to do roof repair and want direction soon from city.
Lorri Olson
Wanted to knoxv impact of project on her property.
Manager of Richfield Shops
at 66th/Nicollet
Edward Saleck
Please include at least one storm drain in front of 6211 Clinton. There now are three
6211 Clinton Avenue
drains for the vacant lots across the street.
866 -8000
•
•
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1-1AIr
ATTACHMENT B
(G' PAGE 2
NA iI
COMMENT'
Joseph & Wendy Capetz
We're absolutely 100% disappointed and opposed to the construction and we are
6227 Wentworth
concerned about the de- valuation of our property in our neighborhood. I view this as a
866 -1166
two -three year construction nightmare that will have a negative impact on our day to day
860 - 4060/509 -2820
lives. I'm not sold on the idea of a "beautified end result" We're losing distance from the
freeway and these plans were just recently revealed to us. (We just purchased our home in
September and we had no disclosure of this proposal at the time of our purchase.)
Ultimately, it will be difficult to sell the house during the course of construction and there
is no guarantee that the end result will "improve" our property value. In fact, we're
concerned it will de -value our home instead. Are there going to be any considerations for
reparations for those whowill be directly impacted by the reconstruction? I would propose
that the City of Richfield delay the construction to re- evaluate what this will do to the
values of the homes directly affected and have some considerations for those of us who
will have to live with the noise, dust and negative situation during the re -build process.
The wall is moving too close to the homes... period. Also ... is there a noise wall provided
during the construction?
John Walstrom
We need a noise wall - west side of freeway. It doesn't need to be as high as others.
7200 James Avenue
866 -3851
Dorothy & Arnold Peterson
We live at 7120 Lake Shore Drive overlooking Wood Lake where there is no wall. We
7120 Lake Shore Drive
strongly disagree with building a wall where we overlook Wood Lake. Our home is
869 -1809
elevated from the street so the wall would need to be grotesquely high and unsightly.
Ken Janes '
I would like for you to take my house. The fence is moving too close.
6216 Third Avenue
861 -6180 932 -8607
Steven O. Lindgren
These comments do not reflect the official Chamber of Commerce position; however, the
Suite 130, 1401 West 76th
loss of any business in Richfield should be of concern to the City Council. The
Street
employment opportunities which have been provided over the years by Lyndale Garden
866 -5100
Center are significant. An economic analysis of the 3 options for a storm water treatment
should include .a detailed review of all aspects pertaining to any loss here. Thanks for the
Open House!
Russell Kennedy
The potential loss of housing stock is of great concern to me. Five homes have been
6241 Grand Avenue
identified for acquisition; however a number of others may be taken eventually is a loss we
869 -4851
can ill afford. Not only an encroachment on the neighborhoods, but it will surely
depreciate property. I also am concerned about the possibility of a noisewall for entry on
35W on the west side. This surely will depreciate property values and disrupt the real
estate market in the neighborhood: Another concern is the possible acquisition of Lyndale
Gardens. We cannot afford the loss of tax and payroll revenue that this business generates.
I can't think of any area in Richfield where they could relocate. Much of the proposal has
merit and Nk ill hopefully relieve a serious traffic problem in the Commons.
Peter Suek
With the reconstruction of the 35/62 Commons, some south family homes may be more
7241 Emerson Avenue
open to moving; to provide space for the storm water basin. Lyndale Gardens is a good
866 -7185
business to have on a gateway to Richfield such as Lyndale Avenue. If we have a good
plan for the Lyndale Gardens area, then I would approve.
Randy Johnson
Please raise and lengthen the noise wall for the impact of the new bridge connecting 35W
6314 Humboldt Avenue
north with Hwy 121 and Hwy 62. Noise wall from 66th and 35W along Girard up to Hwy
861 -1215
62. From my kitchen window I can already see and hear traffic on 35W.
Larry Wozniczka
I would like to see: 1) West bound access to TH 62 compensating for increased local
6744 Wentworth Avenue
traffic when Lvndale access to north 35W is lost. 2) Pedestrian path from Fifth to Portland
869 -1236
south side of TH62. 3) Economic tradeoffs of 3 ponding options. Seems single family
option is least expensive to Richfield tax base.
•
N000'r
•
ATTACHMENT B
%%'��' PAGE 3
Nelvin's Auto Body
proposed. Wants to be placed on mailing list.
6232 Lyndale Avenue
Tom And Barbara Elliott
3/17/97 Wants to receive a description of the
6741 Harriet Avenue
options for a storm water pond near Richfield
Lake. Favors an alternative that increases the
City's tax base. Supportive of new businesses
along Lyndale Avenue. Does not want to lose
housing to widen the freeway. I sent her
information on the storm water pond options.
Mr. and Mrs. Ralph Lott
3/17/97 Want to know how close I -35W will
6224 Nicollet Avenue
be to their house. Concerned that Nicollet
Avenue is adequately lit under 1 -35W to make
-
it safe for pedestrians. Think a street light is
needed at the corner of Nicollet and Blaisdell
Avenues. Want additional lighting in Nicollet
Park.
John, Catherine & Greg Robert
3/18/97 Want to know the impact of 1-35W
Woodlake Cleaning
access on their business.
6440 Lyndale Avenue
Sandra Mueller
3/19/97 Opposed to closing access to 1 -35W
6521 Fifth Avenue
north at Lyndale Avenue. It will hurt
businesses on Lyndale Avenue. Doesn't want
to lose Lyndale Garden Center because it is a
major attraction for people from outside
Richfield to come and shop in the HUB
shopping area. Prefers to see apartments to be
acquired for storm pond. If Lyndale Garden
Center is acquired, she wants it relocated close
by, such as the K -Mart site.
/ (0-�)
0 ATTACHMENT C
Property Tax Comparison: Garden Center and Reuse Scenarios
1. Garden Center, Current Situation:
• Land Area 9.93 acres
• Building area 48,940 square feet (11% building coverage)
• Payable 1997 Taxes $153,017.15 (actual, less specials & fees)
.2. Commercial Reuse after Pond
• Land Area 6 acres (approximately)
• Building area 65,340 square feet (25% building coverage)
• Taxes $294,030 (assumes new taxes at $4.50 /square foot)
• 3. Residential Reuse after Pond
• Land Area 6 acres (approximately)
• Number of units 120 Market Rate Condominium Units (20 units /acre)
• Taxes $268,780 (assumes average market value of $120,000 /unit)
•
/(0-9
EXCERPT FROM 3/25/97 PLANNING COMMISSION MINUTES
(UNAPPROVED)
PC Letter #11
ITEM #3 RLAP Storm Water Pond
Community Development Manager Melin presented three options for the location
of the storm water collection pond for an expanded 35W. The three sites were at the
current Woodlake Park Apartments, a residential housing area to the north of Richfield
Lake and the Lyndale Garden Center. Mr. Melin further stated that staff recommends the
Lyndale Garden Center as the suggested site for the collection pond.
Following questions from Commissioners Linnihan and Kilian, Pete Willenbring,
WSB Associates, reviewed the sites from an engineering perspective. He stated that the
Lyndale Garden Center site best met the engineering criteria concerning the location of
the collection pond.
Commissioner Kilian asked about transportation issues concerned with the
highway reconstruction. Transportation Engineer Tom Foley stated that the same
entrances and exits from I -35W and the Crosstown 62 would remain the same with
exception to northbound 35W and eastbound 62.
Mr. Lawrence Wozniczka, 6744 Wentworth Avenue, suggested that an analysis of
the tax advantages and disadvantages of the three proposals be conducted. He added that
he would not want to see the Lyndale Garden Center be the selected site but would prefer
the blighted housing to the north of the lake.
Commissioners Kilian and Hansen concurred that they would like to see the tax
figures for all three sites before they make a decision.
Commissioner Bjorklund stated that she was concerned that representatives of the
Lyndale Garden Center did not show at the meeting and stated that she felt that the
Lyndale Garden Center would be the proper site because it met the land use criteria set up
for selection of the site for the pond. Commissioner Gepner agreed with Bjorklund and
further stated that the Lyndale Garden Center site would be the easiest to purchase.
Mr. Steve Kirchner, Manager, Richfield Bank and Trust, stated that he had met
with the owners of the Lyndale Garden Center. Mr. Kirchner further stated that the
owners of the Garden Center had said that they would have representation at the meeting.
He then added that he would like to see the commercial businesses remain on that section
0 of Lyndale Avenue.
1(0-9
Mr. Phil Swanson, 6500 Woodlake Drive, stated his concerns about the
appearance of the commercial businesses to the north of the Lyndale Garden Center on
Lyndale Avenue.
Commissioner Hadley stated that there is a list of criteria that must be met in
order to construct a storm water collection pond and that the Lyndale Garden Center
property best meets those criteria.
M/Gepner, SBjorklund to recommend approval of the Lyndale Garden Center as
the site of the collection pond.
Motion carried: 5 -3 (Kilian Hansen, Ahlstrom o1212osed).
40
}
CITY OF RICHFIELD, MINNESOTA
Council Letter No. ioo
Agenda April 14, 1997
Issue Statement:
First reading of an ordinance amendment rezoning land at 6309 -11 Portland Avenue from
MR -1 (two family residence) to R (single family residence).
Background:
The City recently purchased the duplex at 6309 -11 Portland Avenue. This property was the
last of the homes along the east side of Portland Avenue slated to be purchased and
incorporated as part of Veterans Memorial Park.
The property is currently zoned for a duplex. Rezoning the property to an R classification
would make the property's zoning consistent with the zoning of the surrounding property. A
government building, such as the proposed City garage /recreation facility, would be a
permitted use in the R district.
Recommended Motion:
Approve first reading of an ordinance rezoning land at 6309 -11 Portland Avenue from MR -1
(two family residence) to R (single family residence); and set a public hearing and second
reading for May 12, 1997.
Basis of Recommendation:
1. Rezoning the property to the R classification would make the zoning of the property
consistent with that of the surrounding property.
2. The existing duplex would be removed from the property.
3. The proposed City garage /recreation facility would be a permitted use in the R district.
4. On March 25, 1997 the Planning Commission voted unanimously to recommend
approval of the rezoning.
Alternative Recommendation:
Deny this rezoning at first reading.
Discussion /Decision Mode:
First reading is set for Monday, April 14, 1997. If approved, a public hearing and second
reading will be scheduled on Monday, May 12, 1997.
Respectfully submitted,
James Prosser
City Manager
JDP:ds
Bill No. 1997 -.
AMENDMENT TO APPENDIX 1
OF THE CITY CODE
OF THE CITY OF RICHFIELD
(6309 -11 Portland Avenue)
THE CITY OF RICHFIELD DOES ORDAIN:
Appendix 1 which describes the boundaries of the various zoning districts of the City is
hereby amended in the following respect:
Section 11, Paragraph (69) is amended to read as follows:
begimiing.-(Relpealed. Bill No. ••
This amendment constitutes a rezoning of 6309 -11 Portland Avenue from MR -1 to R.
• Passed by the City Council of the City of Richfield, Minnesota this th day of
'1997.
ATTEST:
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
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SCALE: V= 150' DATE: 3 -13 -97
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 99
Agenda April 14, 1997
Issue Statement:
Consideration of a resolution requesting that the Commissioner of Transportation
transfer of $85,000 from Richfield's Municipal State Aid (MSA) construction account to
Richfield's maintenance account to finance the milling and overlay of 65th Street from
Xerxes Avenue to Penn Avenue.
Background:
Over the last three years staff has noted scattered spalling (pop outs) on Richfield City
streets. For that period of time staff has patched the pot holes then sealcoated the
street. This maintenance technique has been successful, at least in the short term.
Since this spalling problem continues to worsen, staff has contacted Braun Intertec, a
consulting firm that specializes in pavement. Braun will perform a study of Richfield
streets and maintenance procedures to determine what is causing this problem and
what can be done to limit or prevent it in the future. Preliminary discussions. have
indicated that Richfield is not the only city to be experiencing this problem and in fact
several communities are suffering from exactly the same types of pavement distress.
Preliminary research has concentrated on the manner of asphalt mix formulation and /or
placement at the time Richfield streets were constructed as well as the kind of winters
recently experienced.
Within the last month 65th Street between Xerxes Avenue and Penn Avenue has
become so badly spalled as to create an emergency situation. In fact most of the
spalling appears to have happened within the course of one week. Since the 1997 CIB
and the 1997 streets budget do not allocate funds to mill and overlay this street ,staff
contacted the Municipal State Aid office to see if emergency provisions may be
available. MSA is also aware of the problem and has been approached by other cities
with the same request. As a result MSA will allow cities to transfer money from their
construction accounts to their maintenance accounts to pay for this much needed
repair. Staff will report back with the results of Braun's study as soon as information is
available. The availablity of this funding source is limited to state aid streets.
Recommended Motion:
Approve the attached resolution requesting the transfer of $85,000 from Richfield's
Municipal State Aid construction account to the maintenance account to mill and
overlay 65th Street from.Xerxes to Penn Avenue.
Basis of Recommendation:
1. The existing street infrastructure is badly in need of repair.
0
N-1
0 2. Improvement of 65th Street between Penn Avenue and Xerxes Avenue will be a
benefit to the neighborhood and the traveling public.
3. Funds are available for the needed repair from the City's MSA account.
Alternative Recommendation:
Delay action.
Discussion /Decision Mode:
This item is scheduled for the April 14, 1997 City Council meeting. Staff is requesting
approval at this time in order to facilitate timely completion of this project. Lengthy
delay may cause additional damage due to the pounding from the traffic.
RespectfullIx submitted,
James . Prosser
City Manager
JDP:cak
0
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4 -d--
• RESOLUTION NO.
RESOLUTION REQUESTING THAT THE COMMISSIONER OF TRANSPORTATION
TRANSFER $85,000 FROM RICHFIELD'S MSA CONSTRUCTION ACCOUNT TO ITS
MAINTENANCE ACCOUNT TO FINANCE THE MILLING AND OVERLAY 65TH
STREET FROM XERXES AVENUE TO PENN AVENUE
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a policy for street maintenance; and
WHEREAS, there is permanent pavement distress in this area which is causing
scattered spalling; and
WHEREAS, there are no funds allocated in the 1997 CIB and the 1997 street
budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, as follows.
Transfer $85,000 from Richfield's MSA construction account into the maintenance
account to mill and overlay 65th Street between Xerxes and Penn Avenue.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
April, 1997.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
i3
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 98
Agenda April 14, 1997
Issue Statement:
Approval of the 1997 -1999 labor agreement with the International Union of Operating
Engineers, Local 49 and the City of Richfield.
Background:
City staff has completed negotiations on a labor agreement for the years 1997 -1999
with the International Union of Operating Engineers, Local 49 unit, subject to Council
approval. The bargaining unit consists of approximately 40 City employees, including
Community Services workers, mechanics and water plant operators. The significant
changes, which have been negotiated for the various years, are as follows:
• A 3% adjustment over the previous year's wages, effective the first payroll in
each of the years 1997, 1998 and 1999 for all classifications. The 1997 increase
falls within the 1997 adopted budget. The 1998 and 1999 increases are
forecasted to be average, market increases.
• Employees assigned to perform Gopher State One call and Streetlight and Sign
Maintenance duties will be paid an additional $1 per hour.
• A $20 monthly increase in the City's contribution for dependent health insurance
for a maximum of $365 per month. This maximum contribution is identical to
General Services and Management employee groups for 1997; an additional
$20 per month (to $385 per month) for calendar year 1998; and an additional
$20 per month ($400 per month) for calendar year 1999. The health insurance
increases for 1998 and 1999 are forecasted to be reasonable increases in
keeping with the level of contribution the City has provided in the past.
An increase in the basic employer - provided group term life insurance from
$20,000 to $25,000. This level of insurance is identical to General Services and
Management employee groups.
• An increase in the vacation accrual rate for employees beginning their 21st year
of service from 20 days to 21 days per year, upon ratification of this contract.
Effective January 1, 1998, employees beginning their 21st year of service shall
earn vacation at the rate of 22 days per year.
• The employer will provide park maintenance and street maintenance workers
with the following clothing items: 1997 -three shirts, three pants (or blue jeans),
one jacket; 1998 -nine articles of clothing; 1999 -six articles of clothing.
Providing this type of clothing is comparable to what the City already provides
the sewer and water maintenance workers.
/3-1
• • Extending the probationary period from six to twelve months.
• An equity adjustment, effective September 1 in each of the three years, will be
made to all of the pay grade classifications. Effective September 1, 1997, the
equity adjustment is $.08 per hour. Effective September 1, 1998, the equity
adjustment is $.12 per hour. Effective September 1, 1999, the equity adjustment
is $.17 per hour. The equity adjustments are necessary to bring the City's wage
rates closer to the labor market average pay.
Permitting seasonal or temporary employees to work 180 work days per
calendar year and paid at a rate determined by the City and not eligible for
benefits under the labor agreement. This provision gives the City significant
discretion on how to make its workforce more cost - effective and provides for
considerable flexibility.
The term of the labor agreement is from January 1, 1997 through December 31, 1999.
Recommended Motion:
Adopt the attached resolution approving the labor agreement with the International
Union of Operating Engineers, Local 49 for the years 1997, 1998 and 1999.
Basis of Recommendation:
The City has met and negotiated with Local 49 for the settlement of the 1997 -1999
labor agreement and has agreed on a tentative settlement as outlined in this Council
letter. Wage and benefits settlements are comparable to other City of Richfield
employee groups. The Local 49 employees have voted on the issues and given their
approval.
Alternative Recommendation:
Do not approve the labor agreement, requiring further negotiations and /or arbitration.
Discussion /Decision Mode:
In order to allow the City's accounting to modify payroll records and enact the new pay
rates retroactive to January 1, 1997 as soon as possible, it is recommended that the
City Council act on April 14, 1997 to adopt the attached resolution providing for the
adoption of the 1997 -1999 labor agreement, effective January 1, 1997.
Respectfully submitted,
Jame . Prosser
City Manager
0 JDP:ds
/3— cl_�_
0 RESOLUTION NO.
RESOLUTION AUTHORIZING RESOLUTION APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION
OF OPERATING ENGINEERS, LOCAL 49 AFL -CIO, FOR THE YEARS 1997 -1999
WHEREAS, the City Manager has reached an agreement with the International
Union of Operating Engineers, Local 49, for the years 1997 -1999; and
WHEREAS, the Human Resources ordinance requires that contracts between
the City and the exclusive representative of employees in an appropriate bargaining
unit, shall be implemented by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the labor agreement between the City of Richfield and the International Union
of Operating Engineers, Local 49 for the years 1997 -1999 and that the City Manager is
hereby authorized to execute the same on behalf of the City of Richfield.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
April, 1997.
C.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
01
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CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 97
Agenda April 14, 1997
Issue Statement:
Consideration of a resolution regarding findings of facts related to the denial of a
conditional use permit to allow construction of a 150 -foot telecommunications tower at 200
West 78th Street.
Background:
On March 24, 1997 the City Council considered a conditional use permit applied for by
U.S. Tower Providers to construct a 150 -foot telecommunications tower at 200 West 78th
Street.
After City Council discussion and a public hearing, the conditional use permit request was
denied and staff was instructed to prepare the findings of fact in support of the denial.
Recommended Motion:
Adopt a resolution approving the findings of fact related to the denial of a request for a
conditional use permit to construct a 150 -foot telecommunications tower at 200 West 78th
Street.
Basis of Recommendation:
• 1. It is necessary that when the City Council denies a conditional use permit, the reasons
for the denial, or findings of facts, be drafted and acted upon.
Alternative Recommendation:
1. The City Council may wish to include other facts in the findings.
2. The City Council could decide to reconsider the conditional use permit request;
however, it would be necessary to provide proper notification of a new public hearing.
Discussion /Decision Mode:
Recommendation to accept the findings of fact which support the denial of the conditional
use permit to construct a 150 -foot telecommunications tower at 200 West 78th Street is
presented for the City Council's consideration at its regular meeting on Monday, April 14,
1997.
Respectfully submitted,
Ja D. Prosser
City Manager
• JDP:ds
RESOLUTION NO.
• RESOLUTION DENYING A CONDITIONAL USE PERMIT
FOR A TELECOMMUNICATIONS TOWER AT
200 WEST 78TH STREET
Be it resolved by the City Council of the City of Richfield, Minnesota as follows:
I. The City Council hereby makes the following findings of fact.
FINDINGS OF FACT
The City of Richfield (the "City ") regulates, by ordinance, commercial wireless
telecommunication towers and antennas.
2. The primary source of such regulations is contained in subsection 426 of the City
Code which establishes regulations for the height, location, design and installation of
commercial wireless telecommunication towers and subsection 531 of the Zoning
Ordinance which requires approval of a conditional use permit for towers in the
(industrial) district.
3. On or about January 24, 1997 the City received an application for a conditional use
permit (the "Application ") from James Moeller, representative for U.S. Tower
• Providers (the "Applicant "). On or about February 11, 1997 the City received an
application fee and additional information from the Applicant to make it a complete
application. The Application was to construct a 150 foot telecommunications tower
at 200 West 78th Street.
4. The property at 200 West 78th Street is currently occupied by Minnesota Mini -
Storage. Seven buildings are located on the property for the purpose of providing
rentable storage space. The proposed tower would be located in the center of the
property.
5. Subsection 426.05, subd. 3 of the City Code limits CWTS towers and equipment to
the rear or interior side yard. Subsection 506.07 provides the following definition for
a rear yard: "A yard extending across the entire width of the lot and situated between
the rear lot line and the nearest line of the principal building, as projected to the side
lot line(s) ". Subsection 506.07 provides the following definition for a side yard: "A
yard lying between the side lot line and the nearest line of the building extending
between the front yard and the rear yard, or in the absence of either such front or
rear yard, to the front or rear lot lines ".
6. The proposed tower location is not in the rear or interior side yard of the property.
On April 13, 1981, the property owner received setback variances to construct the
buildings with a rear yard setback of five feet. The location of the buildings provides
Sinsufficient room in the rear and interior side yard of the property for the tower to be
located.
/ 1:9— cl�.
7. The Applicant was informed of this situation and told that he needed to apply for and
IS receive a variance or submit a petition to the City requesting a change in the
language of the City Code.
8. The Applicant chose not to petition for a change in the City Code or apply for a
variance but requested that the Application be placed on the agenda for Planning
Commission review.
9. The Application came before the Planning Commission for review on February 25,
1997. The Applicant appeared at the Planning Commission meeting and was given
an opportunity to present evidence in favor of the Application.
10. The Planning Commission expressed concern that the Application did not indicate
that any telecommunication companies were prepared to lease space on the tower, it
did not contain evidence indicating that the proposed location would fit into the
service networks for the number of users they proposed, and it did not include
evidence supporting the need for a tower of the proposed height and location.
11. Following a public hearing, the Planning Commission found that the application did
not meet the requirements of subsection 426 of the City Code and voted to
recommend denial of the Application to the City Council.
12. The Application came before the City Council for review and action at its March 24,
• 1997 meeting. The. Applicant did not appear at the City Council meeting. Following
a public hearing, the City Council voted to deny the Application.
II. The City Council hereby makes the following conclusions:
CONCLUSIONS
1. The proposed tower location fails to meet requirements of subsection 426.05 of the
City Code to place the tower in a rear or interior side yard.
2. The Applicant has not applied for or received a variance from the requirement of
subsection 426.05 of the City Code that a tower be located in a rear or interior side
yard.
III. Based upon the foregoing, each of which serves as an independently adequate
basis, the Council hereby makes the following decision:
DECISION
The application for a conditional use permit by James Moeller for U.S. Tower
Providers to allow the construction of a 150 -foot telecommunications tower at 200 West
78th Street is hereby in all respects DENIED.
0J2
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
• April, 1997.
ATTEST:
Thomas P. Ferber, City Clerk
•
•
Martin J. Kirsch, Mayor
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 96
Agenda April 14, 1997
Issue Statement:
Public hearing and second reading of changes in the Richfield City Code Section 400 to
update the City fire prevention regulations to the latest version of the State Fire Code.
Background:
The Minnesota State Fire Code is in the late stages of adoption as a uniform fire code
applicable throughout the State. The public hearing process may take three to six
months before final resolution of perhaps two items.
It is staff's preference to adopt both the Fire and Building codes simultaneously, since
they are companion tools for the provision and preservation of safe buildings.
Recommended Motion:
Conduct the public hearing and approve second reading of the amendments to the City
Code Section 400 to adopt the latest version of the Uniform Fire Code (1994) and
stated references as the fire prevention code of the City.
Basis of Recommendation:
1. The previous code was substantially reformatted to make the Uniform Fire and
Building Codes more user friendly -- common chapters are used for common topics,
common numbering format, etc. Although the substance of the code evolves
somewhat, the ease of comparing the UBC and the UFC is more efficient for all,
IS (designers, builders, inspectors), if using the same versions of each.
2. The issue of contention delaying the State adoption pertains to pedestrian walkways
(skyways). This issue has no immediate impact on existing or planned
developments in Richfield.
3. State law does allow a city to adopt measures that are more restrictive than the State
Fire Code. This adoption is appropriate for a local jurisdiction to undertake prior to
completion of the State code adoption process.
4. First reading was held on March 24, 1997 and the public hearing and second reading
was scheduled for April 14, 1997.
Alternative Recommendation:
Continue using the 1991 UFC and 1994 UBC and adopt the 1994 UFC at a later date,
after the State formally adopts it.
Discussion /Decision Mode:
Conduct the public hearing and second reading on April 14, 1997.
bmitted,
James DV/Pro
City Man ger
JDP:cak
BILL NO.
AMENDMENT TO SECTION 400
• OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 400 of the ordinance code of the City of Richfield entitled "Building Code" is
hereby amended to read as follows:
400.15. Screening mechanical equipment. Mechanical equipment and ductwork located
on the roof, exterior wall or grounds adjacent to a structure, other than a single family
residence or to its accessory buildings, shall be enclosed in a screening enclosure. The
enclosure shall be designed to provide a safety shield around such equipment and
ductwork and shall conceal it from public view and from view from nearby premises. The
enclosure shall be architecturally harmonious with the structure involved. Plans for the
enclosure shall be shown on construction plans. The requirements of this subsection shall
not be applicable to window air conditioners or to stacks.
400.17. Permit fees: other provisions. Subdivision 1. General rule. It is the intent of this
section that the fees provided in appendix D are to supplant and supersede corresponding
fee requirements in any code or ordinance adopted by reference in this section as well as
any fee schedules provided in the state building code.
400.21. Fire prevention code. . Adoption of fire prevention code. CxGept as
16 PFGVided iR Subd. , Tthe Minnesota Uniform Fire Code, including the 1-982 1994 Uniform
Fire Code, as amended, and the 131-0 volume national codes, volumes 1 -131 -0 of the
National Fire Protection Association (1996 1992 edition) (herein referred to as the "fire
prevention code ") are hereby adopted by reference as though fully set out in this
subsection. Subsections 400.21 to 400.35 are the fire prevention code of the city.
sub E- -(S-ptoeRs t^ .,.ender The felle winn PF9ViGinne. of the AAinre�.n +n 1 Inifnrm
(a) 21VIG A R 4.5113
(b) 21VIGAR 1.6116
/n\ 21VIG A D 1.6126
(d) 2MGAD 9 5449
400.25. Prohibition of storage of flammable liquids outside above ground tanks, bulk
storage of liquified petroleum gases, and storage of explosives and blasting agents. The
storage of the substances defined in sections 7901 79-901 and 8204 82.495(e) of the fire
prevention code in the manner described therein, is prohibited within the city.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of April,
1997.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
ID
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 95
Agenda April 14, 1997
Issue Statement:
Public hearing and second reading of changes in the Richfield City Code Section 400 to
update the City building regulations to the latest version of the State Building Code.
The proposed deletions and amendments to Section 700 are to remove provisions in
the City Code that are in conflict with the State Plumbing Code.
Background:
The Minnesota State Building Code has been adopted by Minnesota Statutes Section
16.851 as a uniform building code applicable throughout the State. From time to time,
the codes, appendices, standards and supplemental materials adopted as references
are revised.
Recommended Motion:
Conduct the public hearing and approve second reading of the amendments to the City
Code stating the latest version of the State Building Code, approve the deletions and
amendments that are in conflict with the State Plumbing Code.
Basis of Recommendation:
1. The Uniform State Building code has been adopted and is to be enforced throughout
the State.
2. Formal adoption in this manner with clearly stated references avoids conflict and
confusion.
3. First reading was held on March 24, 1997 and the public hearing and second reading
were scheduled for April 14, 1997.
Alternative Recommendation:
None.
Discussion /Decision Mode:
Conduct the public hearing and second reading on April 14, 1997.
Respectfulm submitted,
Jam s . Prosser
City anager
JDP:cak
BILL NO. 1997- 10—/
AN ORDINANCE AMENDING CHAPTER IV OF THE CITY CODE r
BY AMENDING SUBSECTIONS 400.01, 400.03, 400.11,
AND CHAPTER VII BY AMENDING SUBSECTIONS 700.05, 710.03, 710.17, AND 710.19
THE CITY COUNCIL OF THE CITY OF RICHFIELD DOES ORDAIN:
A. Section 1. Subsection 400.01 of the Richfield City Code, Chapter IV entitled Building, Housing
and Construction Regulations, is hereby amended to read as follows:
400.01. Scope of chapter. The purpose of this chapter is to provide minimum standards to
safeguard life and limb, property and public welfare by regulating and controlling the design,
construction, quality of materials, location and maintenance of all buildings and structures within
+e the city and certain equipment specifically regulated herein.
Section 2. Subsection 400.03, subd. 2 is hereby amended to read as follows:
400.03. Adoption of Minnesota State Building Code and uniform housing code. Subdivision 1.
Building Code. The Minnesota State Building Code, one copy of which is on file in the office of
the city clerk, has been adopted by Minnesota Statutes, section 469.59 16.851 as a uniform
building code fef applicable throughout the state. The 6tate h,,;', iRg Such code is hereby
confirmed as the building code of the City of Richfield and is incorporated in this chapter as
completely as if set out in full.
Subd. 2. Adoption by reference. The 4985 -1995 edition of the Minnesota State Building Code
bueldiRg as amended, adopts by reference certain codes, appendices, standards and
supplemental materials. The following codes, appendices, standards and supplemental materials
are adopted by reference and incorporated into this code as if fully set out at this point:
T'Swr. will 04 KM MOM IWAW �119T!sv
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(a) 1300 Minnesota State Building Code
(b) 1301 Building Official Certification
(c) 1302 State Building Construction Approvals
(d) 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters:
a. 3. Division 1 Detention and Correctional Facilities
b. 11, Div. I & 11
C. 12 Division 11, Sound Transmission Control
Section 3. Subsection 400.11 is hereby amended to read as follows:
400.11. Building and construction permits: issuance and procedure. Subdivision 1. Procedure
upon application. The procedure for issuance of building permits shall be as provided in U.B.C.
chapter 31, as amended in MN Rules 2 MG AR R ! A 0111 1305.0106.
B. Section 1. Subsection 700.05 of the Richfield City Code, Chapter Vll entitled Public Utilities, is
hereby amended to read as follows:
00 ..
d 29 Minimum Plumbing Fixtures
e Appendix Chapter 31 Division II - Membrane Structures
f Appendix Chapter 33 Excavating and Grading
(e)
MN Rule 1306 Special Fire Protection Systems with Option 8
(f)
1307
Elevators and Related Devices
(g)
1315
Adoption of the 1996 National Electrical Code
(h)
1325
Solar Energy Systems
1330
Fallout Shelters
(i)
1335
Floodproofing Regulations
(k)
1340
Facilities for the Handicapped
(1)
1346
Adoption of the 1991 Uniform Mechanical Code
(m)
1350
Manufactured Homes
(n)
1360
Prefabricated Buildings
(o)
1365
Snow Loads
(p)
1370
Storm Shelters
(g)
4715
Minnesota Plumbing Code
(r)
7670
Minnesota Energy Code
Section 3. Subsection 400.11 is hereby amended to read as follows:
400.11. Building and construction permits: issuance and procedure. Subdivision 1. Procedure
upon application. The procedure for issuance of building permits shall be as provided in U.B.C.
chapter 31, as amended in MN Rules 2 MG AR R ! A 0111 1305.0106.
B. Section 1. Subsection 700.05 of the Richfield City Code, Chapter Vll entitled Public Utilities, is
hereby amended to read as follows:
00 ..
10-3
Subd. 9 7. Indemnification by Owner. All costs and expenses incident to the installation and
connection of the building sewer shall be borne by the owner. The owner shall indemnify the city
for any loss or damage that may directly or indirectly be occasioned by the installation of the
• building sewer. The city engineer shall establish rules and regulations for the proper
implementation of this part which, when approved by the council by resolution, shall govern the
installation of building sewers and connections.
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Su-b . 44 8. Excavations. Excavations required for the installation of a building sewer shall
be open trench work unless otherwise approved by the director of community services. Tunneling
may be permitted but no tunnel shall exceed six feet in length and the pipe shall be installed so as
• to permit inspection of all joints. No backfill shall be placed until work has been inspected.
Excavations for building sewer installation shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks, parkways and other public property
disturbed in the course of the work shall be restored in a manner satisfactory to the director of
community services.
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Subd. 43 9. Connection to public sewer. The connection of the building sewer into the public
sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the
public sewer is 12 inches in diameter or less, and not properly located "Y" branch is available, the
owner shall at his expense install a "Y" branch in the public sewer at the location specified by the
director of community services. Where the public sewer is greater than 12 inches in diameter,
and no properly located "Y" branch is available, a neat hole may be cut into the public sewer to
receive the building sewer, with entry in the downstream direction at an angle of approximately 45
degrees. A 45 degree ell may be used to make such connection, with the spigot end cut so as
not to extend past the inner surface of the public sewer. The invert of the building sewer at the
point of connection shall be at the same or at a higher elevation than the invest of the public
sewer. AA smooth, neat joint shall be made, and the connection made secure and watertight by
engagement in concrete. Special fittings may be used for the connection only when approved by
the director of community services.
Subd. 44 10. Prior approval. Building sewers and house sewers shall be provided for each
separate structure and all connections to the public sanitary sewer shall be made where building
sewers and house sewers have been installed. Connection with the public sanitary sewer at any
other location must be approved by the directory of community services prior to commencement
of any construction. In the event the building sewer or house sewer which has been installed
10 cannot be used, then the property owner shall pay the full cost of making the connection
elsewhere. The applicant for the building sewer permit shall notify the building official when the
building sewer is ready for inspection and connection to the public sewer. The connection shall
be made under the supervision of the building official.
D-15—
duh 1- ass � building 69nneeatien to the Gity saRita Fy sewer r
ef land 9F seyeFal letes, Pi_G__ _1 PaFraels ef land haviRg a tetal width of less thaR 50 feet.
Section 2. Subsection 710.03 is hereby amended to read as follows:
710.03 Application for service: city water system. Subdivision 1. Procedure. Applications for
service installations and for water service shall be made at the
Inspections Division on printed forms furnished by the City. The application shall contain the
name of the owner, -ate , the
name of the street upon which the property fronts, the official street number assigned to the
premises as shown by the records of the city and the signature of the applicant agreeing to
conform to the rules and regulations that may be established by the city as conditions for the use
of water.
Section 3. Subsection 710.17 is hereby amended to read as follows:
710.17 Service pipes. r„ ° n• °.line nine must be laid 4inieRtly way!Rn to allew net lees fhaR
ene feet of ev +r length aR d in 6 rh FnaRner a6 to nreYe.n+ rUPt ire by se#lemen+ The service pipe
must be placed not less than seven and one -half feet below the surface and in all cases so
arranged as to prevent rupture by freezing. Service pipes must extend from the curb box to the
inside of the building; or if not taken into building then to the hydrant or other fixtures which it is
intended to supply. A full way valve, of the size and
•strength required, shall be placed close to the inside wall of the building, well protected from
freezing. CeePeF Copper tubing shall be used up to and including two inch services. Joints on
copper tubing shall be kept to a minimum, with not more than one joint used for a service up to 70
feet in length. Joints shall be left uncovered until inspected. All services over two inch shall be
cast iron. Connections with the mains for domestic supply shall be at least 3/4 of an inch.
Section 4. Subsection 710.19 subd. 3 is hereby amended to read as follows:
710.19 Subd. 3. Valves. Meter installations shall have a step and w full way valve on the
street side of the meter. In no case shall there be more than 12 inches of pipe exposed between
the point of entrance through the basement floor and the full way valve. A step
and waste full way valve shall also be installed on the house side of the meter.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of April, 1997.
Martin J. Kirsch, Mayor
ATTEST:
• Thomas P. Ferber, City Clerk
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 94
Agenda April 14, 1997
Issue Statement:
Public hearing and City Council consideration of a resolution giving final approval for
the consolidation of the Richfield Fire Relief Association with PERA Police and Fire
Fund.
Background:
For the past year, the Board of Trustees of the Richfield Fire Relief Association and
representatives of the City have been proceeding with the preliminary steps necessary
for the consolidation of the Relief Association with the Public Employee Retirement
Association (PERA) Police and Fire benefit plan.
Along with the consolidation procedures, a benefit enhancement package has also
been formulated to take effect in conjunction with consolidation. The benefit
improvements included the following:
• Increase the normal service pension for Relief Association members from 51 % to
55% and from 50% to 54% of the salary of a first class firefighter.
• Increase the disability pension from 50% to 54% of the salary of a first class
firefighter.
• Increase the widow pension from 40% to 43.2% of the salary of a first class
firefighter.
• Add new wording to base the widow benefits as a percentage of the annuity amount
received by the annuitant at the time of death. The current wording ties the widow
benefit to a percentage or first class firefighter pay, even if the annuitant had
selected a retirement payment from PERA Police and Fire Fund. The PERA annuity
could be either more or less than the first class firefighter pay depending upon
annual post retirement annuity adjustments.
• Increase surviving child benefits commensurate to the increase for a widow pension.
The benefit enhancements are very similar in magnitude to those provided to the
Richfield Police Relief Association at the time of their consolidation in 1991.
On September 11, 1995 an election of all eligible members of the Richfield Fire Relief
Association was conducted and resulted in overwhelming member support for
consolidation.
9 -1
Since City Council preliminary approval of this matter on October 9, 1995, when a
resolution of support for consolidation and benefit enhancements was adopted, several
other events have occurred:
• The Legislature is considering a bill authorizing the proposed member benefit
improvements upon the approval of the City Council.
• All formal notifications of preliminary approval were made pursuant to Minnesota
statutes.
• An actuarial analysis has been completed by the Milliman and Roberts firm
reflecting the costs of consolidation including the new proposed benefit
enhancements.
• The State Board of Investments has reviewed the Relief Association investment
portfolio.
• PERA has sent the City a letter indicating all aspects of consolidation prior to final
approval have been completed and the City has 30 days from April 1, 1997 to
complete final approval.
The City now has 30 days in which to give final approval to the consolidation or lose the
opportunity to consolidate for a year. In order for the City to take timely action on the
matter, it must be considered at one of the City Council meetings in April
A financial comparison accompanies the Council Letter. The report, prepared by
Milliman and Robertson, Inc., presents a cost comparison of consolidation.
The data reflects a first year's (after consolidation) worst case annual City contribution
of $155,003 as compared to the current annual contribution of $181,658. The "after
consolidation" figure includes the cost of the new benefit enhancements. Further, the
worst case costs would be reduced by each Fire Relief Association member who
selects benefits under the PERA Police and Fire Fund. The best case scenario, where
all members select benefits under the PERA Police and Fire Fund, would result in an
annual City contribution of $32,083. Under consolidation the City would also save
additional costs annually related to the administration of the Fire Relief Association.
Another financial consideration regarding the proposed consolidation is that the liability
for the Fire Relief Association would no longer be shown as the City's, but rather would
be reflected as a liability of PERA. However, the City would still be responsible for full
funding of the plan by the year 2010. Annual contributions by the City as identified by
PERA would ensure that this goal is attained. Currently the plan is approximately 90%
fully funded.
,?01
- Currently there are 6 active and 30 annuitants of the Richfield Fire Relief Association
including surviving spouses.
Recommended Motion:
Conduct a public hearing and adopt a resolution giving final approval of consolidation of
the Fire Relief Association with PERA Police and Fire Fund, including support for the
benefit enhancements under consideration by the legislature.
Basis of Recommendation:
1. The merger of the Richfield Fire Relief Association with PERA Police and Fire
Fund is advantageous to the City of Richfield. The benefit enhancements
provided to the Relief Association make the consolidation attractive to Fire Relief
Association members, thus a win -win solution is provided.
2. The immediate effect of the consolidation is slightly lower than City contributions
to the retirement fund. The contributions could decrease further if more of the
current active members select the PERA benefit track.
3. The City will save roughly $50,000 annually in administrative expenses.
4. The City and the Fire Relief Association were in a serious disagreement over the
level of benefits for which the members were eligible. If the consolidation and
benefit enhancements do not take place, the parties would likely end up in court
over the benefits issue.
5. The current trend and preferred course of action for most municipalities is to have
their local relief association consolidate with PERA.
Alternative Recommendation:
1. The City Council could disapprove consolidation at this time, effectively stopping
the merger proposal until next year or sometime in the future.
Discussion /Decision Mode:
Action on this matter is necessary in April of 1997 if approval of the consolidation is
desired. The PERA Board would take formal action sometime in May and the effective
date of consolidation would likely be May 31, 1997.
Respectfully submitted,
James . Prosser
City Manager
0 JDP:ds
RESOLUTION. NO. 9 -3
A RESOLUTION APPROVING THE CONSOLIDATION
OF THE RICHFIELD FIRE RELIEF ASSOCIATION WITH
THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
(PERA) POLICE AND FIRE FUND BENEFIT PLAN
WHEREAS, Minnesota Statutes, Chapter 353A provides for the voluntary
consolidation of local fire relief associations with PERA; and
WHEREAS, all preliminary procedures to consolidate the Richfield Fire Relief
Association with PERA have been completed as required by Minnesota Statutes,
Chapter 353A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield that final approval of the above consolidation is hereby adopted and approved
effective upon approval of the PERA Board.
BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the
City Council supports the proposed benefit enhancements for the Richfield Fire Relief
Association and urges in the passage by the Minnesota legislature.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
April, 1997.
ATTEST:
Thomas P. Ferber, City Clerk
•
Martin J. Kirsch, Mayor
L _
J t
REPORT PRELIMINARY TO CONSOLIDATION
The purpose of this report is to determine the initial additional municipal contribution
required by consolidating the Benefit Association with PERA Police and Firi � (l' &F) as
specified in Minnesota Statues; Chapter 353A.'
The consolidation process provides the Benefit Association members and their beneficiar-
ios an opportunity to c. hange their retirement benefit plan coverage by electing between
Benefit association and P &F benefits. In order to evaluate the financial aspects', of con-
solidation, the costs in Table 1,1'tave been determined under three possible outcomes - all
t , individuals elect Benefit Association benefits (column 2), all individuals elect P &:F bene-
t
fits (column) attd each individual elects the benefit plan which has the greater total
benefit plan, actuarial value (column 4).
Table l also compares the consolidation calculations to those found in the actuarial valua-
g;
tion of the Benefit Association as of December 31, 1995, prepared by Gabriel, Roeder, "
x
Y9'tSmith & Company. Table 2 shows a summary of the data and lists the major assumptions.
t t�
011'�':.'.i "a
Whenever retired member or the retired member's surviving spouse elects 1147 benefits,
the reserve for that benefit must be transferred to the Minnesota Post- retireryte-rit Investment
1.. Fund (IVIPRIF). The amount to be transferred if all benefit recipients who are eligible l`or
MPRIF elect P &F benefits is $6,903,099 which is less than the current market, value of '
assets.
I;
Current benefit recipients who are not eligible for MPRIF will be paid directly by PERA.
Their benefits will be escalated by the same percentage that applies to MPRIF annuitants;
however, no funds are required to be transferred to MPRIF.
Although the cents shown in Table 1 :represent an appropriate range of estimates available
today, the costs are subject to change in future years following, the consolidation. The true
cost of any pension plan is not completely determined until the last benefit payment has
been made to the last benefit recipient. Prior to that date, annual budgets ark; determined by
malting assumptions regarding future experience.
i
Page 1
MII.LIM.AN & ROBERTSON, INC.
�3s
'T.
Each year in the future following consolidation, municipal costs will be redetermined
based on the elections made by.members and beneficiaries and will consist of the follow -
4
mg components:
{ ;;
Regular Contributions (line $): A variable cost which will depend on the compensation .
of members still active.
Additional Contributions (line 7): A fixed cost which is an annual amount required to `
amortize the initial unfunded consolidation actuarial liability shown in column 4. of Table 1
by December 31 of the year 20 W. In this particular case, the additional contributions' are
equal to $122,920.
Ex eri rice Contributions (indeterminable at this time): A variable cost which will
( depend on'actual experience. Any actuarial gains will reduce future contributions and
actuariat loss will increase future contributions.
f
r�
r .
Page 2
M LLI14 AN & ROBERTSON, INC.
p U }
N ( p
r i
YAM
RICHFIELD FIREMEN'S BENEFIT ASSOCIATION
r�
ACTUARIAL CALCULATIONS
}
f
i,
Prior Valuation Election of Benefits Under the Consolidation
Relief
All Elect
All Elect.
All Elect i
`
Association
Relief Association
PERA P &F
Greater Value > A
(1)
(2)
(3)
(4)
t
Date of Calculations
12131/95
12/31/96
12/31/96
12/31/96
Actuarial Present Value of Projected Benefits
$10,695,007
$10,451,199
$8,706,454
$10,451,199
Aotuarial Accrued Liability
9,953,611
9,992,678
8,286,439
9,992,678 ,
Normal Cost
89,615
66,190
48,028
66,190
Determine on of �ni
ti�1YT�Sillality Contribgtionc
(before adjustment for state aid)
1, Actuarial Present Value of Projected Benefits
$10,695,007
$10,451,199.
$8,706,454
$10,451,199
2> Present Value of Futur Member Contributions
NA
147,857
185,897
147,857
3. Present Value of Future Regular Municipal Contributions
NA
221,786
278,845
221,786
4. Market Value of Assets
8,937,968
9,060,801 '
9,060,801 +
9,060,801 + ,
5. Minimum Contribution Required to Fund MPhil: Benefits
NA
NA
i 0 .
NA
F
b. lJnfunded amount to be Amortized
1,215,645 *+
1,020,755
0
1,020,755
�f5s
T A ttttional Municipal Contribution (0 amortized by 2010)
113,266
122,920 te*
j . 0
122,920 *•'
t
R%ul#ZMy icipal Contribution
68,392 * + +•
32,083
32,083
32,083:
P a
t
Municipal Contribution (7 +8�
_
181,658
155,003
32,083
155,003
-0 suppiementpl Contribution R (5 -9 less than $O)
&quired not
NA�;� NA
0
NA
m
4-
i
Equal to market value reported by Richfield Firemen's and assuming no changes by the State Board-of Investments,
Based on the Ac arid Accrued Liability less the Market Value of Assets of $8,737,966.
`•* An increase (decrease) in Market Value of $100,000 will decrease (increase) the municipal contribution by $12,042.x
Equals the Employer Normal Cost.
{
3
MILLIMA.N & Rf3BERiSM, INC.
;
j
Jf
TABLE 2
RICHFIELD FIREMEN'S BENEFIT ASSOCIATION
1 D
ACTUARIAL CALCULATIONS
Consolidated Calculation'
Relief
All Elect
All Elect
Association
Relief Association
" PERA P&F
(�)
(2)
(3)
NUMBER IN PLAN
Active Members
6
6
6
Deferred Former Members
0
0
0
4
Retired Members and Beneficiaries
i
29
29
29
MEMBER CONTRIBUTION
Percentage
8.0%
7.6%
7.6%
Compensation Base
265,290
281,432
281,432
Contribution
21,223
21,389
21,389
MUNICIPAL CONTRIBUTION
Percentage
25.8%
11.4%
11.4%
Compensation Base
265,290
281,432
281,432
Contribution
68,392
32,083
32,083 `" Z
;a
INTEREST
- Before Retirement
5.0%
8.5%
8.5%
- After Retiremenp':
5.0%
8.5%
5.0%
,SALARY INCREASE
3:5 °/a
graded rates
graded rates
POST - RETIREMENT PENEFIT INCREASE. ' 3.5%
5.0% -
N/A
RETIREMENT AGE/SERYICL . ° `
"" 55/20
55/20
60/3
OTHER ASSUMPTIONS . A-
Per Richfield Firemen's
Per PERA P &F
Per PERA P &F ? "
Benefit
Recommended
Recommended '
a'
Association
New Assumpttons
New Assumptions
FF "'
BENEFITS `
4 St
Per Proposed Changes
Per Proposed Changes
Per PERA P &F
K{ {
to Richfield Firemen's
to Richfield Firemen's
Report
mile
Benefit Association
Benefit Association
:>
MIl[ 11MAN arc ROBERTSON, INC.
.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 93
Agenda April 14, 1997
Issue Statement:
Public hearing and consideration of a resolution approving a conditional use permit to
allow construction of a building for use by a restaurant and eight -bay automotive
mechanical garage at 3020 West 66th Street.
Background:
Carlson Real Estate Company, owner of the Southdale Square Shopping Center, is
proposing to construct a 9,430 square foot building to be occupied by Einstein Bros.
Bagel Company and Tires Plus. The existing restaurant building, formerly occupied by
Pannekoeken, would be demolished.
The restaurant would have seating for 22 people (the former restaurant provided
seating for 150 people). Tires Plus would have eight service bays and space for interior
tire storage and a separate tire showroom.
A total of 27 parking spaces would be provided on either side of the building to serve
the two businesses (the Pannekoeken site currently has 24 parking spaces). City
standards require 29 parking spaces to serve the two businesses; however, sufficient
additional parking is available in the main shopping center parking lot to accommodate
additional parking demand (the total parking ratio for the center would be 4.2 spaces
per 1,000 square feet). The southwest corner of the shopping center lot is currently
underutilized. BRW conducted a parking study of the lot in 1991. Traffic counts were
taken on a Friday and Saturday and showed that, at a minimum, 28 percent of the total
parking lot remained empty. Observations indicate that sufficient capacity still exists in
the parking lot today.
Access to the shopping center would remain the same. Customers using Tires Plus
and Einstein Bros. Bagel Company would be most likely to use the southwest
entrances onto Xerxes Avenue and 66th Street. Shared parking with other uses in the
shopping center is likely to occur.
The Planning Commission expressed concern with the amount of traffic that uses the
main entrance to the shopping center and the difficulty that can occur accessing 66th
Street. The Commission determined that it was not appropriate to require changes to
this entrance as a requirement of the conditional use permit because this entrance is
not likely to be significantly impacted by the proposed development. The property
owner agreed to work with City staff and take a look at this entrance as a separate item.
They agree to complete an assessment and develop a schedule for any potential action
within six months of approval.
Staff received a letter and a phone call from two residents who expressed concerns
about the parking and traffic generation of the proposed uses. These comments and
responses to them are contained in an attachment.
�2
Recommended Motion:
Approve the conditional use permit to allow construction of a building for use by a
restaurant and an automotive mechanical garage at 3020 West 66th Street with the
following stipulations:
1. That a cash escrow be submitted for the cost of the landscaping to be released once
the required improvements have been made.
2. That a sediment and erosion control plan be submitted.
3. That the signage plan be approved by the Community Development Director
4. That the property be replatted within six months of City Council approval, appropriate
easements and shared parking agreements be developed, and that the resulting Tires
Plus /Einstein's parcel meet City setback and impervious surface requirements within
six months of City Council approval.
5. That a conditional use permit resolution be recorded with the County, pursuant to
Minnesota Statutes Section 462.36, Subdivision 1.
Basis of Recommendation:
1. The proposed parking adjacent to the building, combined with unused space in the
shopping center parking lot, meets City parking standards.
2. Landscaping would be provided in accordance with landscape guidelines; trees along
Xerxes Avenue would provide some screening of the automotive service bays.
3. The existing building is in poor condition; the new building would improve the visual
image of the property.
4. Notice of the hearing was published in the Sun - Current and mailed to property owners
within 350 feet of the subject property.
5. On March 25, 1997 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 7:00 p.m. on Monday, April 14, 1997. The hearing will be
held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue.
Respec ly submitted,
Jam . Prosser
City Manager
JDP:ds
RESOLUTION NO. 9—C9,
RESOLUTION FOR APPROVING A CONDITIONAL USE PERMIT
(3020 WEST 66TH STREET)
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a conditional use permit for a public mechanical garage and
convenience (Class III) restaurant on land generally located at 3020 West 66th Street,
legally described as:
That part of Lot 9 lying West of the East 134 feet and South of North 480 feet
thereof except Highway
WHEREAS, the City has fully considered the request for approval of the
conditional use permit; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
A conditional use permit is issued for a public mechanical garage and
convenience (Class III) restaurant, as described in City Council Letter No.
on the Subject Property legally described above.
is 2. The conditional use permit is subject to completing the following
conditions:
• That a cash escrow be submitted for the cost of the landscaping to be
released once the required improvements have been made.
• That a sediment and erosion control plan be submitted.
• That the signage plan be approved by the Community Development
Director.
• That the property be replatted within six months of City Council
approval, appropriate easements and shared parking agreements be
developed, and that the resulting Tires Plus /Einstein's parcel meet City
setback and impervious surface requirements.
• That this resolution be recorded with the County, pursuant to
Minnesota statutes section 462.36, subdivision 1.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of
April, 1997.
Martin J. Kirsch, Mayor
ATTEST:
•
Thomas P. Ferber, City Clerk
0
0
0
ATTACHMENT
RESIDENT CONCERNS
The parking lot at Southdale
• Under City parking standards, the proposed Tires Plus
Square is at or near capacity at
and Einstein's are required to have 31 fewer parking
the present time.
spaces than the 150 -seat Pannekoeken restaurant was
required to provide. Pannekoeken required 60 parking
spaces (1 space /2.5 seats). Tires Plus requires 20 spaces
(2 spaces /service bay + 4 spaces for employees) and
Einstein's requires nine parking spaces (1 space /2.5 seats)
for a total of 29 spaces.
• A parking study conducted by BRW in 1991 indicates that
at a minimum, 28 percent of the parking lot remained
empty (counts taken on Friday and Saturday). The
average vacancy rate was 47 percent.
• The greatest competition occurs for parking spaces closest
to Baker's Square and Hollywood Video. The proposed
building is located in the southwest corner of the lot,
where the least competition for parking occurs.
Tires Plus will create more
• Tires Plus representatives submitted traffic counts for a
parking and traffic problems than
recently constructed store in Apple Valley that indicates
the Pannekoeken restaurant.
the trip generation rate for Tires Plus was lower than the
average trip generation rate of a tire store, as determined
The addition of Tires Plus would
by Institute of Transportation Engineering (ITE)
result in a concentration of
standards. The morning number of trips during the peak
automotive - related uses which
hour for Tires Plus was 13 trips and for ITE it was 31
would result in greater traffic and
trips. The evening number of trips during the peak hour
pollution problems.
for Tires Plus was 20 trips and for ITE it was 29 trips.
• A conditional use permit currently exists for a 150 -seat
restaurant. A different tenant could assume the CUP and
continue to operate a 150 -seat restaurant.
• There are a wide variety of commercial and housing uses
located in this area (in both Richfield and Edina) which
all contribute to the area's traffic volumes.
The traffic on 66th Street at
• This area contains a concentration of regional shopping
Xerxes Avenue is getting worse;
centers that will continue to contribute to the volume of
access to Tires Plus and Einstein's
traffic in the area; the area is served by arterial streets to
off of 66th Street will create a
accommodate the traffic generation. Traffic counts for
serious traffic problem.
West 66th Street and Xerxes /York Avenue are similar to
counts on other City arterial streets.
• There are six access points to and from the shopping
center; traffic from Tires Plus and Einstein's will likely
use a variety of these accesses.
• The shopping center contains a variety of complementary
businesses which encourages shared customers/ parkin
A bagel business is not the best
. The City cannot regulate competition.
ATTACHMENT
RESIDENT CONCERNS
• business to have in the shopping
center. There is already another
bagel business on Penn Avenue
and the bagel store previously in
the center went out of business. --
•
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 92
Agenda April 14, 1997
Issue Statement:
Consideration of a new 1997 new and used motor vehicle dealer license for
Walser Bargain Lot, 6529 Penn Avenue.
Background:
On March 28, the City received an application for a new and used motor vehicle
dealer license for 1997 from Walser Bargain Lot. The required license fees have
been paid.
This location was previously licensed as Blarney Motors. As of March 28, 1997,
the location changed ownership and will now be operating as Walser Bargain
Lot. Andrew Walser is the President of the establishment. Kim Stunder will act
as Controller.
This application has been reviewed by both the Public Safety Department
Inspections Division and Community Development Planning Division. Both
Public Safety and Community Development staff have indicated that they have
no areas of concern regarding the Walser Bargain Lot operation, including
property maintenance and planning /zoning issues.
The applicant has obtained a State of Minnesota motor vehicle dealer's license
for 1997.
From January 1, 1996 to December 31, 1996, there were eight Public Safety
contacts with Blarney Motors. The contacts consisted of three suspicious
persons, two burglary alarms, one noise complaint, one open door /window, and
one domestic.
Recommended Motion:
Staff recommends approval of the new and used motor vehicle dealer license for
Walser Bargain Lot for 1997 with the following stipulations:
• Inventory cars may not be parked on any roadway or street.
• The licensee will comply with all other ordinances and statutes.
Basis of Recommendation:
1. The applicant has complied with the provisions of both City codes and
State Statutes pertaining to motor vehicle dealer's licensure.
2. The applicant has demonstrated that the business is an asset to the
community.
`1 C--
Alternative Recommendation:
The Council could decide not to grant the license. This would result in the
applicant not being able to operate a motor vehicle dealership in Richfield.
Discussion /Decision Mode:
The request for a new 1997 new and used motor vehicle dealer license for
Walser Bargain Lot, 6529 Penn Avenue, .has been scheduled for April 14, 1997
and is presented at this time for Council consideration.
Respectfully submitted,
Jame . Prosser
City Manager
JDP:cak
0
0 CITY OF RICHFIELD, MINNESOTA
Council Letter No. 91
Agenda April 14, 1997
Issue Statement:
Award of contract to repair and replace the floating boardwalk at Veterans Memorial
Park of Richfield.
Background:
Last fall, the floating boardwalk at Veterans Memorial Park of Richfield was about 90%
destroyed in a fire. This spring, staff wrote specifications to repair and replace the
damaged boardwalk, and bids were opened on March 31, 1997 in a formal bid opening.
The results are as follows:
Zastrow - Nasset Construction, Inc. $53,911.26
SunRam Construction, Inc. $49,241.00
Alltech Engineering Corporation $47,534.00*
*The price quoted includes sales tax on materials.
The City's insurance carrier will pay $17,780.60 of the cost for the repair and
replacement. The cost for the balance of the work will be afforded by the City's self
insurance program.
Recommended Motion:
Accept the bid minutes /tabulation and award a contract to Alltech Engineering
Corporation in the amount of $47,534 to repair and replace the floating boardwalk at
Veterans Memorial Park of Richfield.
Basis of Recommendation:
1. Alltech Engineering Corporation submitted the low bid.
2. Alltech Engineering Corporation has performed work for the City in the past and has
proven to be a reliable contractor.
Alternative Recommendation:
Council could reject the bids and instruct staff to obtain new ones; however, the prices
bid were all in the expected range from staff calculations.
Discussion /Decision Mode:
Staff is requesting approval at the April 14, 1997 Council meeting in order to facilitate
repair of the boardwalk.
Respectf ly submitted,
Jame . Prosser
City Manager
JDP:ds
Attachment
•
El
•
CITY OF RICHFIELD, MINNESOTA �& I
Bid Opening
March 31, 1997
11:00 a.m.
Repair /Replace Floating Boardwalk System
Bid No. 97 -3
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for repair and replacing a floating
boardwalk system, Bid No. 97 -3, as advertised in the official newspaper on March 12,
1997.
Present: Thomas Ferber, City Clerk
Steve Devich, Administrative Services Director
Cheryl Krumholz, City Manager Representative
Randy Hughes, Operations Coordinator
The following bids were submitted and read aloud:
Vendor
Bid Security
Addenda
Base Bid
Received
Alltech Engr. Corp.
Mendota Heights, MN
5% Bid Bond
X
$ 47,534.00
Sunram Construction Inc.
Corcoran, MN
5% Bid Bond
X
$ 49,241.00
Zastrow - Nasset
Construction, Inc.
5% Bid Bond
X
$ 53,911.26
Shorewood, MN
The City Clerk announced that the bids would be tabulated and considered at the April
14, 1997 City Council Meeting.
Thomas P. Ferber City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 90
Agenda April 14, 1997
Issue Statement:
Consideration of a resolution authorizing a subdivision waiver at 6633 Washburn
Avenue.
Background:
The applicant is requesting a subdivision waiver to divide the property at 6633
Washburn Avenue into three lots. The parcel was originally platted as three separate
lots, but all three lots were purchased by one owner and developed as one parcel.
Thus the need for a subdivision waiver.
The property has been purchased by the Housing and Redevelopment Authority and
would be sold as three separate lots through the Richfield Rediscovered program.
Three new homes would be built on the lots. The resulting lots would be 6,400 square
feet (50 feet by 128 feet).
The resulting lot size would be slightly less than the current minimum lot size
requirement of 6,700 square feet for a newly platted lot; however, the Zoning Ordinance
provides a special grandfather clause to the minimum lot size for residential lots that
were platted before June 1, 1995. In addition, 6,400 square feet is the common lot size
on this block and others in this neighborhood.
A single family home on the middle lot, and a garage on the north lot are being
demolished. The south lot is vacant.
Recommended Motion:
Adopt a resolution approving a subdivision waiver for 6633 Washburn Avenue to allow
the parcel to be split into three separate lots.
Basis of Recommendation:
1. Approval of the subdivision waiver would not interfere with the purposes of platting
regulations, Section 500.05.
2. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of
the City Code would result in an unnecessary hardship.
3. Approval of the subdivision waiver would allow the lots to be sold separately for
construction of three new homes.
4. The parcel is platted as three lots; the resulting lots meet the Zoning Ordinance
requirements for lot width and size of lots platted before June 1, 1995.
Alternative Recommendation:
The City Council may deny this subdivision waiver if a finding of fact determines that the
proposal would have an adverse impact on adjacent properties.
Discussion /Decision Mode:
Consideration of this item is scheduled on the Consent Calendar of the City Council
meeting.
Respectfully submitted,
Jame . Prosser
City Manager
JDP:ds
•
•
IM
• RESOLUTION NO.
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
(6633 WASHBURN AVENUE)
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a subdivision waiver for the division of certain parcels of land
located at 6633 Washburn Avenue, legally described as:
Lots 17, 18 and 19, Block 7, Tingdale Bros.' Lincoln Hills Addition
WHEREAS, the proposed division of land for which the subdivision waiver is
sought is as legally described as:
Parcel A: Lot 17, Block 7, Tingdale Bros.' Lincoln Hills Addition
Parcel B: Lot 18, Block 7, Tingdale Bros.' Lincoln Hills Addition
Parcel C: Lot 19, Block 7, Tingdale Bros.' Lincoln Hills Addition
WHEREAS, the three lots resulting from the subdivision waiver will comply with
is Section 521.09 of the City Code relating to lot area and width; and
WHEREAS, the existing buildings, which straddle the proposed lot lines, shall be
removed; and
WHEREAS, the City has fully considered the request for approval for the
subdivision waiver; and
WHEREAS, the City Council finds that compliance with the City Code Section
500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of the platting regulations of Section
500.01.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A waiver for the subdivision of the Subject Property legally described
above.
2. Future transfers of any of the Subject Property may be by parcel or parcels
as described above as Parcel A and Parcel B and Parcel C.
3. City staff is authorized and directed to take any action necessary to
. effectuate this resolution and to authorize the recording of conveyances
complying with the terms of this resolution.
�A,3
• Adopted by the City Council of the City of Richfield, Minnesota this 14th day of April,
1997.
ATTEST:
Thomas P. Ferber, City Clerk
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Martin J. Kirsch, Mayor
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6633 WASHBURN AVENUE
SUBDIVISION WAIVER
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67TH STREET
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SITE AND V ZUNI I Y
- - PROPERTY LINE
- - - PLATTED LOT LINE NOT A CURRENT PROPERTY LINE
SUBJECT PROPERTY
NORTH ® TO BE REMOVED
SCALE: 1" = 50' DATE: 4 -7 -97
5
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 89
Agenda April 14, 1997
Issue Statement:
Proclamation designating May 3 as National Drinking Water Day and May 4 -10, 1997
as National Drinking Water Week in the City of Richfield.
Background:
The American Water Works Association has declared May 4 -10 as National Drinking
Water Week and May 10 as National Drinking Water Day for 1997. This recognition
has been nationwide for several years. This will be the eighth year Richfield has
participated with a local celebration.
Public Works personnel have planned an Open House at the Water Plant for Saturday,
May 3 from 9 a.m. to 3 p.m. as part of the National Drinking Water Week and Public
Works Day observance. There will be exhibits including several pieces of equipment
for the public to inspect, tours of the Water Plant, and free items for all ages. Although
May 3 is a week earlier than the official National Drinking Water Day, Richfield has
found the Open House to be a good way to kick off the National Drinking Water Week
and the earlier date has provided greater attendance at the Open House by avoiding
conflict with Mothers Day and the fishing opener.
Recommended Motion:
Adopt an official proclamation by the Mayor designating May 4 -10, 1997 as National
Drinking Water Week and May 3, 1997 as National Drinking Water Day in the City of
Richfield.
Basis of Recommendation:
Richfield has an outstanding water treatment plant and distribution system, and should
be recognized.
Alternative Recommendation:
None.
Discussion /Decision Mode:
This item is scheduled for the April 14, 1997 Council meeting. Acting Public Works
Director Mike Eastling will be present to accept the proclamation.
Respecoqlly submitted,
Jam D. Prosser
City Manager
JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 88
Agenda April 14, 1997
Issue Statement:
Proclamation designating May 3 as Public Works Day and May as Public Works Month.
Background:
The newly formed Public Works Department of the City of Richfield encompasses the
areas that are traditionally known as "Public Works" - streets, parks, sewer, water,
public buildings and engineering. In 1960, President John F. Kennedy proclaimed a
National Public Works Week as an annual reminder of the many ways public works
contributes to the quality of life. For many years, public works professionals across
North America have applauded and shared the accomplishments of those in their
profession.
The National Public Works Week for 1997 is May 18 -24, and the theme for the week is
"Communities That Work ". Although Richfield City staff plan to hold celebrations on
May 3 with a Garage Open House and Water Plant Open House, the attached
proclamation includes that week as an effort to coordinate with the national observance.
Recommended Motion:
Adopt an official proclamation by the Mayor declaring May 3, 1997 as Public Works
Day, and May 18 -24, 1997 as Public Works Week in the City of Richfield.
Basis of Recommendation:
Richfield has an outstanding public works record, and should be recognized for the
same.
Alternative Recommendation:
None.
Discussion /Decision Mode:
This item is scheduled for the April 14, 1997 Council meeting. Acting Public Works
Director Mike Eastling will be present to accept the proclamation.
Respectfully submitted,
Jam D. Prosser
City Manager
is JDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 87
Agenda April 14, 1997
Issue Statement:
Proclamation recognizing that Earth Day, nationally celebrated on April 22, will be
celebrated at Wood Lake Nature Center in Richfield, on April 27 in conjunction with its
Arbor Day celebration.
Background:
The year 1997 represents the 27th anniversary of the first nationwide Earth Day
celebration. Earth Day is designated as a time for communities to take action toward
promoting environmental awareness through educational and environmentally
beneficial activities. This year Wood Lake Nature Center is celebrating with an Earth
Day /Arbor Day program that will be held on Sunday, April 27, 1 -4 p.m.
The program includes the dedication of the new Friends of Wood Lake (FOWL)
interpretive prairie and children's forest, tree planting and FOWL adopt -a -park clean up.
Richfield's past celebration's of Earth Day have been held at Wood Lake Nature
Center. Wood Lake has held a number of different types of Earth Day events since
1990, including an all day kids environmental workshop, an endangered species walk,
and last year's Great Minnesota Green -Up Awards.
Recommended Motion:
Approve an official proclamation by the Mayor, designated that the City of Richfield
does officially recognize Earth Day and will celebrate it at Wood Lake Nature Center on
April 27, 1997 from 1 p.m. -4 p.m.
Basis of Recommendation:
1. Richfield, through its Wood Lake Nature Center facility, has established a tradition of
acknowledging Earth Day through a variety of community based programs.
2. Each community in Minnesota is being asked each year to do something to
commemorate both Arbor Day and Earth Day. Because Wood Lake Nature Center
is already doing so much with environmental education, it is a natural location for
celebrating such activities in Richfield.
Alternative Recommendation:
None.
Discussion /Decision Mode:
This item is on the April 14, 1997 City Council agenda. Wood Lake Nature Center
manager Karen Shanberg and Acting Recreation Services Director Gretchen Blank will
be present to accept the proclamation.
Respectfully submitted,
i
Ja a D. Prosser
City Manager
JDP:cak
Rdo� j
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 86
Agenda April 14, 1997
Issue Statement:
Proclamation designating April 27 as Arbor Day in Richfield and May as Arbor Month.
Background:
For many years, the City of Richfield noted Arbor Day and Arbor Month in an informal
manner. The Forestry and Park Maintenance divisions coordinated a tree - planting with
the schools and Mayor; and the press usually noted the occasion with a brief article
and /or picture. These observations of Arbor Day and Arbor Month (along with meeting
other requirements) were sufficient to grant Richfield a "Tree City, USA" status from
1986 through 1988.
In 1989, the National Arbor Day Foundation required a proclamation for recertification,
and from 1990 through 1996, the proclamation plus proof of an official observance was
required. Forestry Division staff worked with Wood Lake Nature Center staff to hold an
observance each year, which has been covered by local cable news, and at times, the
official newspaper. Again in 1997, an official observance of Arbor Day is needed in
order to renew Richfield's "Tree City USA" status for the tenth year. The official Arbor
Day observance will be held on April 27, 1997 at Wood Lake Nature Center. Among
other activities, Wood Lake Nature Center staff plan to plant trees and dedicate an area
on the grounds of the Center as a "Childrens' Forest ". Many Richfield residents
appreciate the opportunity to teach their children the importance of trees in the urban
areas.
40 Recommended Motion:
Approve an official proclamation by the Mayor designating April 27, 1997 as Arbor Day
and May, 1997 as Arbor Month in the City of Richfield.
Basis of Recommendation:
1. Richfield has a long tradition of acknowledging and celebrating Arbor Day and Arbor
Month.
2. The proclamation is necessary to retain "Tree City, USA" status in 1997.
Alternative Recommendation:
None.
Discussion /Decision Mode:
This item is scheduled for the April 14, 1997 Council meeting. Operations Coordinator
Randy Hughes will be present to accept the proclamation.
Respecftlly submitted,
J . Prosser
C ager.
0 JDP:cak