Loading...
6-23-97 agenda• [---,I 0 CITY OF RICHFIELD, MINNESOTA MONDAY, JUNE,23, 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 REGULAR CITY COUNCIL MEETING OF JUNE 9, 1997 PRESENTATIONS 1. PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1997 -98 MISS RICHFIELD AMBASSADOR CANDIDATES COUNCIL LETTER NO. 139 2. PRESENTATION OF GENE AND MARY JACOBSEN OUTSTANDING CITIZEN AWARD FOR 1996 TO RICHFIELD HIGH SCHOOL NATIONAL HONOR SOCIETY COUNCIL LETTER NO. 140 3. ACCEPTANCE OF "AWARD OF EXCELLENCE" FOR RICHFIELD REDISCOVERED PROGRAM FROM NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OFFICIALS COUNCIL LETTER NO. 141 4. PRESENTATION OF PROCLAMATION DESIGNATING JULY AS NATIONAL PARK AND RECREATION MONTH IN RICHFIELD COUNCIL LETTER NO. 142 5. PRESENTATION OF PROCLAMATION DESIGNATING JULY 13-19,1997 AS NATIONAL THERAPEUTIC RECREATION WEEK IN RICHFIELD COUNCIL LETTER NO. 143 INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 6. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 7. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 8. 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 RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR JANUARY 1, 1996 TO DECEMBER 31, 1996, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 • C.L. 144 B. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR 1996 77TH STREET REDEVELOPMENT AREA MAINTENANCE, CITY PROJECT NO. 911, AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 145 C. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF ASSESSMENT ROLL FOR CITY PROJECT NO. 912, 1996 LHN REDEVELOPMENT AREA MAINTENANCE AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 146 D. CONSIDERATION OF APPROVAL OF RESOLUTIONS DECLARING COSTS TO BE ASSESSED FOR ALLEY MAINTENANCE AND SNOWPLOWING FOR JANUARY 1, 1996 THROUGH DECEMBER 31, 1996, CITY PROJECT NO. 913, AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 147 E. CONSIDERATION OF APPROVAL OF RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1998 MAINTENANCE ASSESSMENTS 77TH STREET REDEVELOPMENT AREA, CITY PROJECT NO. 941, AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 148 F. CONSIDERATION OF APPROVAL OF RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1998 MAINTENANCE ASSESSMENTS LHN REDEVELOPMENT AREA, CITY PROJECT NO. 942, AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 149 G. CONSIDERATION OF APPROVAL OF RESOLUTION PROPOSING TO SPECIALLY ASSESS COSTS OF 1998 ALLEY MAINTENANCE SPECIAL ASSESSMENT PROJECT, CITY PROJECT NO. 943, AND SETTING DATE OF HEARING FOR AUGUST 25, 1997 C.L. 150 H. CONSIDERATION OF AWARD OF BID FOR INSTALLATION OF DASHER SYSTEM AND MANUFACTURE AND SUPPLY OF DASHER MATERIALS, SPECTATOR AVENUE C.L. 161 S. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR 2800 WEST 71ST STREET; FOUR DOGS C.L. 162 T. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR 6800 CEDAR AVENUE; THREE DOGS C.L. 163 RESOLUTIONS 9. CONSIDERATION OF RESOLUTION APPROVING 1997 -1999 LABOR CONTRACT FOR INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 . COUNCIL LETTER NO. 164 10. CONSIDERATION OF RESOLUTION AMENDING APPENDIX D OF RICHFIELD CITY CODE RELATING TO FEE STRUCTURE FOR PLUMBING PERMIT FEES COUNCIL LETTER NO. 165 SHIELDING AND MOUNTING SUPPORTS AT RICHFIELD ICE ARENA TO CRYSTAPLEX IN AMOUNT OF $54,150 C.L. 151 • I. CONSIDERATION OF APPROVAL OF INTERIM FUNDING AGREEMENT WITH WARDEN OIL SITE GROUP Cl; 152 J. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO RESURFACE 76TH STREET BETWEEN SHERIDAN AVENUE AND XERXES AVENUE AND INSTALL NEW TRAFFIC SIGNAL AT 76TH STREET AND UPTON AVENUE TO ASHBACH CONSTRUCTION CO. IN AMOUNT OF $327,361.80 C.L. 153 K. CONSIDERATION OF APPROVAL OF APPOINTMENTS TO AESTHETIC DESIGN REVIEW COMMITTEE FOR PROPOSED 1 -35W HIGH OCCUPANCY VEHICLE LANE PROJECT FROM 1 -494 TO 42ND STREET C.L. 154 L. CONSIDERATION OF APPROVAL OF OFF - STREET PARKING PERMIT TO ALLOW CONSTRUCTION OF 4,000 SQUARE FOOT RETAIL BUILDING BY RICHFIELD FLORAL & NURSERY AT 817 EAST 66TH STREET C.L. 155 M. CONSIDERATION OF APPROVAL OF OFF - STREET PARKING PERMIT TO ALLOW CONSTRUCTION OF 6,720 SQUARE FOOT BUILDING BY MINNESOTA VALLEY SCHOOL OF MUSIC AT 6601 BLOOMINGTON AVENUE C.L. 156 N. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING SUBDIVISION WAIVER AT 220 EAST 78TH STREET TO ALLOW PURCHASE OF PROPERTY FROM 305 EAST 77TH STREET C.L. 157 0. CONSIDERATION OF APPROVAL OF OFF - STREET PARKING PERMIT TO ALLOW CONSTRUCTION OF 2,255 SQUARE FOOT RETAIL BUILDING BY SPENCE DIAMONDS AT 220 EAST 78TH STREET C.L. 158 • P. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT LICENSE WITH FEE WAIVER FOR OAK GROVE LUTHERAN CHURCH, 7045 LYNDALE AVENUE, FOR BLOCK PARTY ON AUGUST 16-17,1997 C.L. 159 Q. CONSIDERATION OF APPROVAL OF SETTING JULY 14, 1997 AS PUBLIC HEARING DATE FOR CONSIDERATION OF NEW ON -SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR EUROPEAN MUSICAL NETWORK, DBA CYBER PALACE CAFE, 6509 NICOLLET AVENUE C.L. 160 R. CONSIDERATION OF APPROVAL OF TEMPORARY ON -SALE 3.2 PERCENT MALT LIQUOR LICENSE AND FEE WAIVER FOR JULY 4 AND 5, 1997 FOR MINNEAPOLIS- RICHFIELD AMERICAN LEGION POST 435, 6501 PORTLAND AVENUE C.L. 161 S. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR 2800 WEST 71ST STREET; FOUR DOGS C.L. 162 T. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR 6800 CEDAR AVENUE; THREE DOGS C.L. 163 RESOLUTIONS 9. CONSIDERATION OF RESOLUTION APPROVING 1997 -1999 LABOR CONTRACT FOR INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 . COUNCIL LETTER NO. 164 10. CONSIDERATION OF RESOLUTION AMENDING APPENDIX D OF RICHFIELD CITY CODE RELATING TO FEE STRUCTURE FOR PLUMBING PERMIT FEES COUNCIL LETTER NO. 165 11. CONSIDERATION OF RESOLUTION ESTABLISHING BUILDING CODE BOARD OF APPEALS TO REVIEW DECISIONS OF CITY'S BUILDING OFFICIAL COUNCIL LETTER NO. 166 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 12. PRESENTATION OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1996 COUNCIL LETTER NO. 167 13. CONSIDERATION OF STATUS OF BIDS FOR CONTRACT FOR BUILDING PURCHASES AND REMOVAL OF 6921 AND 6925 PENN AVENUE, STORM WATER CAPITAL IMPROVEMENT PROGRAM; AND 6309 -11 PORTLAND AVENUE, NEW CITY MAINTENANCE FACILITY PROJECT COUNCIL LETTER NO. 168 14. CONSIDERATION OF EXCLUSIVE DEVELOPMENT RIGHTS AGREEMENT WITH CSM, INC. FOR INTERCHANGE WEST COUNCIL LETTER NO. 169 15. CONSIDERATION OF APPOINTMENT OF GRETCHEN BLANK AS RECREATION SERVICES DIRECTOR COUNCIL LETTER NO. 170 AIRPORT BUSINESS 16. AIRPORT STATUS REPORT CORRESPONDENCE 17. LEGISLATIVE REPORT COUNCIL CHOICE 18. COUNCIL DISCUSSION ITEMS 19. CLAIMS AND PAYROLLS 0 20. 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. 15, CITY OF RICHFIELD, MINNESOTA Council Letter No. X170 Agenda June 23, 1997 Issue Statement: Consideration of the appointment of Gretchen Blank as Recreation Services 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 Recreation Services Director position was posted for an internal recruitment that closed on May 7, 1997. Three 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. Panel Interview. The City Manager, Human Resources Manager; Charlie Meyer, City Manager of St. Louis Park; and Dr. Robert Clift, a consulting psychologist, interviewed the candidates for final assessment. Recommended Motion: is Approve the appointment of Gretchen Blank as Recreation Services Dlrector. Basis of Recommendation: 1. An interview panel has determined that Ms. Blank is well suited for this position. 2. The screening process indicates that Ms. Blank is well suited for this position. 3. Ms. Blank's work experience indicates that she 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. Discussion /Decision Mode: This matter is presented for Council action on June 23, 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. Re ully submitted, Ja D. Prosser City anager JDP:cak II CITY OF RICHFIELD, MINNESOTA Council Letter No. 169 Agenda June 23, 1997 Issue Statement: Consideration of an Exclusive Development Rights Agreement with CSM, Inc. for Interchange West. Background: At its May 19, 1997 meeting the HRA directed staff to negotiate an Exclusive Development Rights Agreement with CSM, Inc. for the redevelopment of the area lying north of 1 -494, south of 76th Street, east of Penn Avenue, and west of Knox Avenue known as the Interchange West Area. That agreement was approved by the HRA on June 16, 1997. CSM has requested that the City be a party to the agreement as well. A copy of the agreement is attached. The key features of the agreement are listed below: • The parties acknowledge that in order for redevelopment to occur, CSM may at some point need financial assistance from the HRA. • • This agreement does not constitute approval of such financial assistance nor does it obligate the HRA to provided that assistance. • During the six month term of the agreement, neither the City nor the HRA will provide financial assistance or agree to condemn any property within the area on behalf of any third party in connection with any proposed redevelopment. • The agreement may be extended for an additional period following the additional six months. • The agreement may be terminated by either party with 30 days written notice. Recommended Motion: Direct the City Manager to execute the attached Exclusive Development Rights Agreement with CSM, Inc. for the undertaking of a redevelopment feasibility study of the area lying north of 1 -494, south of 76th Street, east of Penn Avenue and west of Knox Avenue, known as the Interchange West Area. Basis of Recommendation: 1. Exploring redevelopment of this area is appropriate 2. CSM, Inc. has a demonstrated ability to initiate and complete large scale redevelopment projects. 3. CSM, Inc. has requested that the City be a party to the agreement as well. 40 • 4. At its June 16, 1997 meeting, the HRA approved the Exclusive Development Rights Agreement with CSM, Inc. and directed staff to present it to the City Council. Alternative Recommendation: 1. Defer action until July 14, 1997. 2. Deny the request. Discussion /Decision Mode: A neighborhood informational meeting will be hosted by CSM representatives on Tuesday, July 2, 1997 at Woodlake Lutheran Church, 7 p.m., in the Fellowship Hall. Respectfully submitted, Ja D. Prosser Exe tive Director JDP:ds n • 4,a AGREEMENT Is THIS AGREEMENT is made and entered into this day of , 1997, by and between the City of Richfield, Minnesota, a Minnesota municipal corporation ( "City "), and the Housing and Redevelopment Authority in and for-the City of Richfield, Minnesota, a Minnesota public body corporate and politic ( "HRA ") (City and HRA hereinafter collectively referred to as "First Parties ") and CSM Investors, inc., a Minnesota corporation (hereinafter "CSM"). RECITALS: First: CSM is interested in pursuing the redevelopment of that certain area located in the northwest quadrant of the intersection of Highways 35W and 494 in Richfield, Minnesota, which area is generally bounded by Penn Avenue on the west, 76th Street on the north, Knox Avenue on the east, and Highway 494 on the south (hereinafter the "Redevelopment Area "); Second: CSM is proposing redevelopment within the Redevelopment Area which may include office, hotel, restaurant, limited retail and residential uses (hereinafter the "Redevelopment "); Third: The First Parties wish to cooperate with CSM's efforts with Redevelopment and are willing to proceed as described in this Agreement; Fourth: The parties acknowledge that CSM'will expend substantial. time and effort, and incur substantial expense in pursuing the Redevelopment; Fifth: CSM is willing to undertake the above describe activities with the reasonable assurance from the First Parties that they will support and cooperate with CSM in its Redevelopment efforts. Sixth: The First Parties and CSM have executed this Agreement to document their understanding with respect to the proposed Redevelopment. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: 1. Statement of Intent. It is the intention of the parties that CSM will proceed with the development activities necessary to permit Redevelopment, in a manner, and on terms and conditions, which are mutually acceptable to CSM and the First Parties. The parties acknowledge that in order is for Redevelopment to be constructed, CSM may at some point need financial and/or site assembly assistance from the First Parties. This Agreement does not, however, constitute either approval of such financial or site assembly assistance, nor does it obligate the First Parties to provide such assistance. JBD123864 RC125 -152 14-3 • 2. Undertaking y CSM. CSM intends to undertake and pursue certain activities with respect to the Redevelopment. CSM's activities will include the following: site assembly, development of plans for the Redevelopment, application for necessary government approvals, and such other activities as would be customary and necessary to permit the Redevelopment. 3. First Parties' Undertaking_ and Agreement. The First Parties agree to cooperate with CSM in CSM's undertakings, and specifically agree that during the term of this Agreement the First Parties will not (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Redevelopment Area, or (ii) except as may be necessary in connection with the provision of public improvements, condemn or agree to proceed with the condemnation of any property within the Redevelopment Area to assist or facilitate development within such area by any third party. 4. Term. The term of this Agreement shall be for a period of six (6) months, provided that, either party may terminate this Agreement as to all or any portion of the Redevelopment Area • upon thirty (30) days written notice to the other, in the event that: (a) the City determines, in good faith, that CSM is not diligently pursuing the Redevelopment with respect to the portions terminated, or (b) CSM determines, in good faith, that the Redevelopment is not feasible with respect to the portions terminated. First Parties may also terminate the Agreement for failure or CSM to meet its obligations under paragraphs 5D or 5E. The parties may, by mutual written agreement extend this Agreement for such further periods as they shall determine to be appropriate from time to time. Any such notice shall be deemed delivered if either actually delivered, or if faxed and mailed to the parties at the following addresses: CSM Corporation Suite 150 2575 University Avenue West St. Paul, MN 55114 -1024 Phone: (612) 646 -1717 Fax: (612) 646 -2404 City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Attn: City Manager is Phone: (612) 861 -9760 Fax: (612) 861 -8974 Richfield Housing and Redevelopment JBD123864 2 RC125 -152 Authorit • Y 6700 Portland Avenue South Richfield, MN 55423 Attn: Executive Director Phone: (612) 861 -9760 Fax: (612) 861 -8974 5. Miscellaneous. A. This agreement constitutes the entire agreement between the parties relative to the proposed Redevelopment. Unless specifically described herein, no obligation shall be inferred or construed. B. As expansion of the foregoing, CSM understands that further and separate action, for which no obligation is created hereunder, will be required before the First Parties are obligated to take various actions with respect to the Redevelopment. Those actions may include, without limitation: a) establishment of Project Area and Tax Increment District; b) agreement to provide tax increment or other financial assistance to the Redevelopment; C) zoning and subdivision approvals; d) acquisition of land within the Redevelopment Area by either voluntary purchase or condemnation (or both); and e) , construction of public improvements to serve the Redevelopment. C. CSM further understand that many of the actions which the First Parties may be called upon to take require the reasonable discretion and in some instances the legislative judgment of the First Parties, such actions may be made only following established procedures; and First Parties may not, by agreement, agree in advance to any specific decision in such matters. D. CSM hereby indemnifies, holds harmless and agrees to defend, the First Parties, their officers agents and employees from any claim or cause of action of whatever nature occasioned by or arising out of this Agreement or the First Parties performance thereunder. E. CSM agrees that it will pay all reasonable costs and expenses incurred by the First Parties relating to the preparation of this Agreement and all actions taken by the . First Parties in furtherance of their obligations hereunder. Such payment shall be made to First Parties not later than 30 days following each request for payment accompanied with detail necessary to support such request. JSD123864 RC125 ^152 3 t r • IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. CITY OF RICHFIELD By: Its its RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY 0 By: Its • By: Its CSM INVESTORS, INC. By: Its JBD123864 4 RC125 -152 CITY OF RICHFIELD MINNESOTA 13 Council Letter No. 168 Agenda June 23, 1997 Issue Statement: Status of bids for contract for building purchases and removal of 6921 and 6925 Penn Avenue, Storm Water Capital Improvement Program; and 6309 -11 Portland Avenue, New City Maintenance Facility Project. Background: The City owns three vacant houses at 6921 and 6925 Penn and 6309 -11 Portland Avenues. During the month of May 1997, bid packets for the purchase and removal of the structures located on the subject properties were mailed to ten moving contractors. An advertisement was also placed in the Star Tribune newspaper. No bids were submitted by the deadline of 11 a.m., June 11, 1997. One bid was received at 11:06 a.m. One other contractor notified staff that he had intended to bid but was unable to meet the deadline. • Recommended Motion: Reject all bids and direct staff to gather estimates from eligible contractors. Basis of Recommendation: 1. No bids were submitted by the published deadline. 2. Staff has the authority to collect estimates from moving contractors and accept the highest estimate without utilizing the bidding process. 3. Legal counsel and the City Clerk concur with respect to collecting estimates for building removal due to thresholds for purchases under $25,000. Alternative Recommendation: 1. Appeal to the bidding process. Discussion /Decision Mode: The removal of the buildings could be expedited by obtaining estimates from interested contractors rather than bids. Respectfully submitted, . Ja D. Prosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 167 Agenda June 23, 1997 Issue Statement: Presentation ,of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 1996. Background: The City's auditing firm of Deloitte & Touche completed the audit of the City's fiscal year ended December 31, 1996 in May 1997. The CAFR was subsequently submitted to the State of Minnesota as required and to the Government Finance Officers Association for compliance review. The action to be taken at the June 23, 1997 City Council meeting is the official receipt of the CAFR by the City Council. A more in -depth presentation of the 1996 financial information will be made by the City's auditors, Deloitte & Touche, at a City Council Study Session on July 7, 1997. It should be noted that the three Tax Increment tables presented are not current. The budget amounts for the tables are in the process of being updated. Completed, updated tables will be presented at the July 7, 1997 City Council Study Session. Recommended Motion: It is recommended that the City Council accept the Comprehensive Annual Financial Report of the City for the year ended December 31, 1996. Basis of Recommendation: The City's auditor has performed an audit of the City's financial records for the year ended December 31, 1996 and prepared reports to the City Council concerning legal compliance and internal controls. Alternative Recommendation: The City Council could ask the auditors for further explanation of their findings. Discussion /Decision Mode: Action on this item is requested at the June 23, 1997 City Council meeting. The CAFR has been previously submitted to the State of Minnesota, pursuant to State law. Respectfully submitted, . Jams Prosser City Manager JDP:cak • CITY OF RICHFIELD, ,MINNESOTA Council Letter No. 166 Agenda June 23, 1997 Issue Statement: Consideration of a resolution establishing a Building Code Board of Appeals to review decisions of the City's Building Official. Background: The Uniform Building Code, as adopted in Richfield, requires the City Council to appoint a board of appeals to review decisions of the local building official (UBC 105 is attached). The purpose of the Building Code Board of Appeals is to "determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code." It is important to note that the appeals process is not intended to permit waivers or variances of Code provisions. The members of the Board of Appeals must be "qualified by experience and training to pass upon matters pertaining to building construction, and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of, and shall act as, secretary to said board." The Building Code Board of Appeals to be appointed at the June 23 City Council meeting is recommended to consist of three members. The staff has contacted three individuals who are qualified in the building code and have expressed an interest in serving in this volunteer capacity. The three Board of Appeals candidates are: • George Magdal, Fire Marshal, City of Hopkins. Mr. Magdal is a resident of Hopkins and is very experienced in building code matters. • John Oksness, General Contractor. Mr. Oksness is a Richfield resident and the President of Tancor Construction, Inc. He has 20 years of experience in building construction and design. • Russell Smith, Building Official, University of Minnesota. Mr. Smith is a resident of Richfield and has extensive experience as a public building official at the University of Minnesota. Mr. Smith is also an arbitrator on the panel of the American Arbitration Association and serves as Chair of the Education Committee at Inver Grove Community College. The appeals process would consist of the following steps: 1. Review with local building official. 2. Request review by Building Code Board of Appeals. 3. Board of Appeals' decision reviewed by State Building Codes and Standards Division. 4. Appeal State Building Codes and Standards Division interpretation to the Commissioner pursuant to MN Statutes 16b.67. • It should be noted that any person dissatisfied with the Commissioner's determination may seek review in District Court. Recommended Motion: Approval of a resolution establishing a Building Code Board of Appeals to review decisions of the City's Building Official Basis of Recommendation: 1. The establishment of a Building Code Board of Appeals to review decisions of the City's Building Official is a requirement of the Uniform Building Code. 2. This provides citizens and contractors an opportunity to have a board hear of their concerns relating to requirements made by the Inspection division staff or Building Official. Alternative Recommendation: 1. The Council could choose not to establish a board of appeals to review decisions of the City's Building Official which would mean that the City would not be in compliance with the requirements of the Uniform Building Code. Discussion /Decision Mode: Consideration of a resolution establishing a board of appeals to review decisions of the City's Building Official is being submitted for City Council review at this time. Resp tf ly submitted, Ja s D. Prosser City Manager JDP:cak • 0 RESOLUTION NO. RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A BUILDING CODE BOARD OF APPEALS WHEREAS, the State Building Code, as adopted in Richfield, requires the appointment of a Building Code Board of Appeals to review decisions of the City's Building Official; and WHEREAS, the Building Official has compiled a list of candidates who are qualified by experience and training to pass upon matters pertaining to building construction, and who are not employees of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. There is hereby created a Building Code Board of Appeals for the City of Richfield. 2. The Building Code Board of Appeals shall consist of three members. 3. The members of the Building Code Board of Appeals shall hold office at the pleasure of the City Council. 4. The Building Code Board of Appeals shall have the powers and duties assigned it by law. PASSED AND ADOPTED by the City Council of the City of Richfield this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 1994 UNIFORM BUILDING CODE 104.2.&r405.7 defects, nor shall the code enforcement agency or its parent jurisdiction beheld as'assuniiii jafiy such liability by reason of the inspections authorized by this code or any permits or certificates is- sued under this code: 104.2.7 Modifications. When there are practical difficulties involved in carrying out the provi- sions of this code, the building official may grant modifications for individual cases. The'building official shall first find that a special individual reason makes the strict letter of this code impractical and that•the•modification is in conformance with the intent and purpose of this code and thatsuch modification does not lessen any fire- protection requirements or any degree of structural.ititegrity. The details of any action granting modifications shall be recorded and entered in the files of the code enforcement agency. ;,}•� 104.2.8 Alternate materials, alternate design and methods of construction. The provisions of this code are not intended to prevent the use of any material, alternate design or method of construc- tion not specifically prescribed by this code, provided any alternate has been approved atitl its use authorized by the building official. : -? The building official may approve any such alternate, provided the building official'Ands ihat the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation:.'." - . The building official shall require that sufficient evidence or proof be subiuitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency,,,,,,,;u� 104.2,9 Tests. Whenever there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building official may require tests as proof of compliance to be made at no dx,p s to this jurisdiction. Test methods shall be as specified by this code or by other recognized test standards. If there are no recogniied and accepted test methods for the proposed alternate, the building official shajt,deter= mine test procedures. ' :. . All tests shall lie made by an approved agency. Reports of such tests shall be retained by the build - ing official for the period required for the retention of public records. 104.2.10 Cooperation of other officials and officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is,required in the discharge of the duties required by this code or other pertinent law or ordinance. SECTION 105 — BOARD OF APPEALS ' zl• t = ,'' 105.1 General. In order to hear and decide appeals of orders, decisions or determinationsmade by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and train- ing to pass on matters pertaining to building construction and who are not employees of the jurisdic- tion. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. 105.2 Limitations of Authority. The board of appeals shall have no authority relative to inferpre- tation of the administrative provisions of this code nor shall the board be empowered to waive re- quirements of this code. ;: € 1-3 0 11-q 16B.66 CERTAIN INSPECTIONS. The state building official may, upon an application setting forth a set of plans and specifications that will be used in more than one municipality to acquire building permits, review and approve the application for the construction or erection of any building or structure designed to provide dwelling space for no more than two families if the set of plans meets the requirements of the state building code. All costs incurred by the state building official by virtue of the examination of the set of plans and specifications must be paid by the applicant. A building of- ficial shall issue a building permit upon application and presentation to the official of a set of plans and specifications bearing the approval of the state building official if the requirements of all other local ordinances are satisfied. HIM 1984 c 544 s 71; 1986 c 444; 1994 c 634 art 2 s 6,10 16B.67 APPEALS. A person aggrieved by the final decision of any municipality as to the application of the code, including any rules adopted under sections 471.465 to 471.469, may, within 180 days of the decision, appeal to the commissioner. Appellant shall submit a fee of $70, payable to the commissioner, with the request for appeal. An appeal must be heard as a contested case under chapter 14. The commissioner shall submit written findings to the parties. The party not prevailing shall pay the costs of the contested case hearing, including fees charged by the office of administrative hearings and the expense of transcript preparation. Costs under this section do not include attorney fees. Any person aggrieved by a ruling of the commissioner may appeal in accordance with chapter 14. For the purpose of this section "any person aggrieved" includes the council,on disability. No fee or costs shall be required when the council on disability is the appellant. HIST: 1984 c 544 s 72; 1986 c 444; 1987 c 354 s 4; 1988 c 613 s 17 16B.68 CERTAIN PERMITS. Building permits or certificates of occupancy validly issued before July 1, 1972, regarding buildings or structures being constructed or altered according to the permits or certificates, are valid after that date. The construction may be completed according to the building permit, unless the building official determines that life or property is in jeopardy. HIM 1984 c 544 s 73 16B.69 VIOLATION, PENALTY. A violation of the code is a misdemeanor. HIST: 1984 c 544 s 74 14 ! C7 • CITY OF RICHFIELD, MINNESOTA Council Letter No. - 165 Agenda June 23, 1997 Issue Statement: Consideration of resolution amending Appendix D of the Richfield City Code relating to fee structure changes for plumbing permit fees. Background: Appendix D currently requires a per fixture fee for both residential and commercial plumbing permits. Staff proposes a change to a 2% of job cost permit fee, keeping the current minimum fees the same and adding an $18 minimum for work complying with Point of Sale inspections. The net impact on residential permit fees will be negligible. The net impact on commercial fees will be increased to cover the cost of commercial inspections and to remain consistent with neighboring municipalities. The new fee schedule will be the same as the City of Bloomington. Edina and St. Louis Park currently use a sliding percentage with approximately the same permit rates. • Recommended Motion: Approve a resolution amending Appendix D of the Richfield City Code updating the plumbing fees, effective July 1, 1997. Basis of Recommendation: 1. To more accurately reflect time and cost spent on commercial plumbing inspections while keeping residential plumbing fees to a minimum. 2. The City of Bloomington recently increased their plumbing permit fees to 2% of total job cost. Since Richfield contracts with the City of Bloomington for plumbing inspections, it would be appropriate to continue to keep our fees consistent between the municipalities. Alternative Recommendation: The City Council could. decide not to approve the Appendix D amendments. Discussion /Decision Mode: Staff requests consideration at the June 23, 1997 City Council Meeting. Respectfully submitted, (19 ' • Jame . Prosser City Manager JDP:cak RESOLUTION NO. —� RESOLUTION AMENDING ESTABLISHED 1997 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 8425 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SECTION 1. ESTABLISHING FEES A. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be as stated in the sections of this Resolution. B. A period of no less than 30 days will be allowed for the remittance of City Business license renewal fees contained in Sections 5,7, 8 and 9 of this resolution. C. A 10% administrative surcharge will be assessed upon all renewals contained in Section 5, 7, 8 and 9 of the resolution if not received by the City on or before December 31 st of each year. The 10% surcharge will be based upon the cost of the license. D. Nothing in this section shall be deemed to require the City to issue or renew any license for which the fee has not been paid in a timely manner. SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE (1) Building 400.03- 400.09 $1 to $500 $21.00 Permits $501 to $2,000 $21.00 for the first $500 plus $2.75 each additional $100, or fraction thereof, to and including $2,000. $2,001 to $25,000 $62.25 for the first $2,000 plus $12.50 for each additional $1,000, or fraction thereof, to and including $25,000. $25,001 to $50,000 $349.75 for the first $25,000 plus $9.00 for each additional $1,000, or fraction thereof, to and including $50,000. $50,001 to $100,000 $574.75 for the first $50,000 plus $6.25 for each additional $1,000, or fraction thereof, to and including $100,000. $100,001 to $500,000 $887.25 for the first $100,000 plus $5.00 for each additional $1,000, or fraction thereof, to and including $500,000. $500,001 to $1,000,000 $2,887.25 for the first $500,000 plus $4.25 for each additional $1,000, • or fraction thereof, to and including $1,000,000. 1,000,001 and up $5,015.25 for the first $1,000,000 plus $2.75 for each additional $1,000, or fraction thereof. D -1 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED TYPE OF PERMIT SECTION 65% of building permit fee, except no fee for the following: OR LICENSE REQUIRING DESCRIPTION FEE (a) Inspections outside of normal business hours $42.00 per hour (b) Single and two family dwelling repair and (minimum charge - two hours) maintenance work. (b) Reinspection fees assessed under provisions of Section 108.8 $42.00 per hour (c) Additional plan review required by changes, work not exceeding $1,000 or where plans are not required. (d) Residential garages and storage buildings. additions or revision to plans (minimum charge - two hours) $42.00 per hour *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, (8) Moving Dwellings 845 overhead, equipment, hourly wages and fringe benefits of he employee involved. and Buildings other (2) Driveway, Parking than Dwellings OUTSIDE Richfield $ 70.00 Area Permits 515.05 (no permit fee for sidewalks) $ 25.00 (3) Fire Extinguishing $ 35.00 INTO Richfield System Permit 400.03- 400.09 Based on Building Permit fee schedule with a Moving Out of City $ 35.00 (9) Garage 845 with a minimum of $ 20.00 (4) Swimming 420.00 Permanent above or below ground pools are Moving Permit Fee first stall $ 16.00 based Building Permit. Portable Pools $ 13.50 $ 9.00 (No fee shall be charged for construction or $ 16.00 (10) Structure erection of any pool 24 inches or less in depth at its Demolition 400.00- 400.09 (a) Commercial deepest part and not exceeding 177 sq ft in water surface) (5) Public Swimming 420.10 1 st Pool $ 85.00 $ 25.00 Pool Inspection Each Additional $ 45.00 (6) Plan Review Fee 400.03- 400.09 65% of building permit fee, except no fee for the following: and State Building Code (a) Existing single family dwelling alterations when habitable area is not enlarged. (b) Single and two family dwelling repair and maintenance work. (c) Commercial and industrial repair and maintenance work not exceeding $1,000 or where plans are not required. (d) Residential garages and storage buildings. (7) Contractors License Verification Fee $ 5.00 (8) Moving Dwellings 845 Pre - inspection Fee: and Buildings other IN Richfield $ 35.00 than Dwellings OUTSIDE Richfield $ 70.00 Moving Permit Fee: WITHIN Richfield $ 35.00 INTO Richfield $ 70.00 Moving Out of City $ 35.00 (9) Garage 845 Pre - inspection Fee: Moving (if relocated in City) $ 23.00 Moving Permit Fee first stall $ 16.00 Plus each adjoining stall $ 9.00 Moving out of City $ 16.00 (10) Structure Demolition 400.00- 400.09 (a) Commercial Demolition cost as per Building Permit Schedule with a minimum of $ 25.00 (b) Dwelling 1. One or two story $ 22.00 2. Multiple First Unit $ 22.00 plus each additional unit $ 10.00 3. Residential - Garage and lesser structure $ 8.50 D -2 10-3 SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION • OR LICENSE REQUIRING DESCRIPTION FEE (11) Excavation in 800.01- 800.15 For each transverse excavation and $ 20.00 Public each 300 feet or portion thereof longitudinal Right of way excavation and for each curb and gutter section installed or driveway apron installed, except when survey and grade stakes are set by City $ 75.00 (12) Utility 700.05 (a) Sewer $ 20.00 Abandonment 710.01 (b) Water $ 20.00 (13) Certification Charge 705.03- 705.21 (Delinquent) $ 25.00 (14) (a) Sewer 700.05 Residential $ 20.00 Construction Industrial /Commercial $ 30.00 (b) Water Service 715.01 As per Ordinance - To connect to existing Service Connection water service leads at the curb box $ 20.00 To connect to main where a curb box and service lead is not installed the fee is the actual cost of material and estimated cost of labor. To turn on water after discontinuance of service $ 20.00 For raising or lowering stop -box tops to correspond with ground level change made by property owner. Cost plus 30% material and labor. (15) Plumbing Permit 400.03- 400.09 Residential (a) Minimum Fee 2% of Total Jobcost with a minimum of $ 30.00 (b) Work required to comply with minimum Housing Code Provisions $ 18.00 (16) Plumbing Permit 400.03- 400.09 Commercial - Based on Total Jobcost 2% of Estimated Jobcost with a minimum of $ 40.00 (17) Electrical Permit 400.03-.400.09 Residential (a) Minimum Fee $ 30.00 (b) Complete Wiring Fee: Single Family Residence $ 55.00 Two Family Residence $106,00 (c) New Service - up to 200 amps $ 13.50 (d) Temporary Service - (for construction) $ 19.00 (e) Installation or replacement of each major appliance during or after completion of building $ 9.00 (f) Swimming Pools $ 25.00 (g) Wiring of Addition or rewiring: First Room $ 13.50 Each Additional Room $ 6.50 (h) Furnace or Air Conditioning: Per Unit $ 9.00 (i) Electrical Heating System: 2% of estimated job cost with a minimum of $ 19.00 (j) Electric or base board (Infrared Heaters): Per Circuit $ 9.00 (k) Work required to comply with minimum Housing Code provisions other than new service - 2% of contract • cost with minimum of $ 18.00 (18) Electrical Permit 400.03- 400.09 Commercial, Industrial and multiple dwellings Commercial (more than two units) Minimum Fee $ 40.00 (a) Based on total job cost - 2% of estimated job cost with a minimum of $ 40.00 -Over $50,000 - Fee/ $1,000.00 plus 1 1/2% of cost over $50,000.00 D -3 1c-)-q SECTION 2. CONSTRUCTION AND RELATED PERMIT FEES AND CHARGES (CONTINUED) TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (b) Temporary Services for Construction: 0 -100 amps $ 19.00 100 + amps $ 30.00 (c) Traffic Signals: Per Intersection $185.00 (d) Elevators: Per Elevator - Hydraulic $ 50.00 Per Elevator - Electric $100.00 (19) Electrical Permit 400.03- 400.09 Based on cost of Electrical Job to Customer Signs $0-$100 $ 40.00 $101 - $50,000 - 2% of estimated job cost with a minimum of $ 40.00 Over $50,000 - Fee/ $1,000.00 plus 1 1/2% of cost over $ 50,000.00 (20) Electrical Permit 400.03- 400.09 Telephone Booths:Wiring of Booth (includes company signs) $ 25.00 (21) Heating, 400.03- 400.09 Central Systems and Additions, Alterations and Repairs Ventilating, Air 1 1/2% estimated cost with a minimum of $30.00 Conditioning and Refrigeration (22) Heating, 400.03 - 400.09 (a) Fuel storage Tanks (Underground or Enclosed) Ventilation, Installation to be used with oil burner only. Air Conditioning, Refrigeration Per tank not exceeding 1,000 gal. $ 10.00 Storage Tanks Per tank exceeding 1,000 gal. $ 20.00 (b) Fuel Storage Tanks (Above ground or not enclosed) Installation to be used with oil burner only. Per tank $ 10.00 (c) Other Tanks (installation modification, removal, abandonment) Each above ground tank $ 30.00 Each below ground tank $ 80.00 For installation or alteration of piping $ 15.00 (23) Benches 805.01- 805.27 First Year $ 21.00 Renewal $ 14.50 (24) Fire 400.21- 400.29 For initial fee required under code Per year $ 25.00 Prevention Code For each additional fee required under code Per year $ 10.00 If not renewed within 2 months of notification add penalty of $ 15.00 (25) Sign 415.01- 415.11 50 sq. ft. or less per sign $ 25.00 installation Each additional 50 sq. ff. or less - per 50 sq. ft. $ 15.00 (a) Sign supportstructures based on Building permit fee schedule (26) Parking Areas 800.15- 800.23 $ 8.00 (27) Housing 400.11-400.17 First Unit $ 75.00 Inspection Fee Additional Unit $ 25.00 This fee should apply to each inspection when: 1. Seller calls for minimum housing inspection 2. Homeowner calls for minimum housing inspection 3. House industry calls for minimum housing inspection 4. Government agencies call for minimum housing inspection 5. Private lending institution calls for minimum housing inspection D -4 SECTION 3. CONSTRUCTION AND RELATED LICENSE FEES 800.15- 800.23 (8) Street Vacation TYPE OF PERMIT SECTION 810 (10) Conditional Activity OR LICENSE REQUIRING DESCRIPTION 515.73 FEE (1) Heating and 400.07 1 Year $ 45.00 Ventilating Installer (2) Sign Installer 16.01- 416.13 1 Year $ 40.00 (3) Electrical Installer 00.03-.400.09 State License Required (4) Plumber 400.03- 400.09 State License Required (5) Well Driller 620 State License Required (6) Tree Contractors 1197 $25.00 SECTION 4. ZONING, LAND USE AND RELATED CHARGES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (1)* Planned Unit 530 (a) $450 plus $5/ $1,000 of project value up to a Development maximum fee of (2)* C -3 Zoning District 520.35 Site Plan Review Transitional Activity • permit 520.57 (3)* Variance 545.05 (b) PUD Plan Amendment fee (a) $400 plus $5 / $1,000 of project value to a maximum fee of (b) Plan Amendment Fee $300 plus $5/ $1,000 of project value up to a maximum fee of Residential Non Residential FEE $3,000.00 $ 500.00 $3,000.00 $ 500.00 $3,000.00 $ 200.00 $ 400.00 (4)* Conditional 545.09 $400 plus $5/ $1,000 of project value up to a Use Permit maximum fee of $3,000.00 (5)* Zoning District Change 545.11 $ 450.00 (6)* Subdivision Approval 500.01- 500.05 $ 500.00 Subdivision Waiver 500.05- Subd.2 $ 450.00 * Any.additional expense of notification necessitated by applicants request for continuance will be charged to the applicant. (7) Off - street Parking Permit 545.09 (a) As part of conditional use permit process No Fee (b) In conjunction with permitted use $ 200.00 $ 350.00 $ 10.00 D -5 $ 300.00 $ 300.00 800.15- 800.23 (8) Street Vacation 820 (9) Forestry Permit 810 (10) Conditional Activity Permit (1 1) Nonconforming 515.71 Use Permit 515.73 (b) In conjunction with permitted use $ 200.00 $ 350.00 $ 10.00 D -5 $ 300.00 $ 300.00 / D b( SECTION 5. AMUSEMENT AND RECREATION LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DE SCRIPTION FEE (1) Arcade 1105 1 Year $ 300.00 (2) Amusement 1100.01 (a) Mechanical Amusement Device (Pinball) 1 Year $ 45.00 Device (b) Mechanical Music Box 1 Year $ 45.00 (c) Video Games Per Premise (3) Lawful Gambling 1100.13 (4) Itinerant Place 1100.05 - 1100.11 of Amusement (5) Public Dance 1110.03 (6) General 1100.03 Amusement (6a) Musical Concert 1110.01 (7) Theatre Cinema 1120 (8) Roller Rink 1115 (9) Commercial Adult- 605 (b) Bowling Alley (per lane) Oriented Enterprises $ 25.00 (10) Massage Practitioner 605 (1 1) Public Baths 610 (12) Fortune Teller 1130.05-1130.07 and related trade 1.1 -5 video games 1 Year $100.00 2. 6 -10 video games 1 Year $ 200.00 3. over 10 games $150 plus each additional $ 10.00 Bingo, Tipboard, Paddle Wheel, Raffle, Pull Tabs (a) Lawful Gambling Permit (those exempt from State Licensure) 1 year $ 100.00 (State Statute 349.213) (b) Lawful Gambling investigative Fee 1 year $ 100.00 (State Statute 349.16) STATE LICENSE REQUIRED i day $ 160.00 For each day dances are held - $2 1 month $ 25.00 No fee for locations holding tavern licenses. (a) Billiard, Pool or Pigeonhole table (each) 1 year $ 32.00 1. Coin operated 1 year $ 90.00 (b) Bowling Alley (per lane) 1 year $ 25.00 (c) Circus 1 year $129.00 (d) Dance Hall 1 day $129.00 (e) Golf 1. Miniature 1 year $ 30.00 2. Driving Tee i year $ 30.00 (f) Mountback 1 day $124.00 (g) Rides, mechanical /animal of any kind (ea) 1 year $ 19.00 (h) Shows, any kind 1 day $ 124.00 (i) Shuffleboard (each lane) I year $ 14.00 (j) Other games 1 day $ 63.00 Per event $ 25.00 1 year $ 124.00 Plus a notice publication fee $ 6.50 1 year or portion thereof $ 124.00 1 year $1,500.00 Investigation fee 1 Year $1,500.00 Certificate fee 1 year $ 50.00 Investigation fee 1 year $ 124.00 1 year $1,737.00 Investigation fee (actual cost minimum) $1,737.00 ]day $ 100.00 1 week $ 300.00 1 month $ 600.00 1 year $1,000.00 D -6 SECTION 6. ANIMAL LICENSES AND PERMITS TYPE OF PERMIT SECTION . OR LICENSE REQUIRING DESCRIPTION FEE (1) Animals 905 ;01- 905.29 (a) Animals (Spayed or Neutered) 1 year $ 8.00 with option to purchase a multi -year license (b) Animals (Not Spayed or Neutered) 1 year $ 12.00 (c) Duplicate Animal License $ 5.50 (d) Late Penalty $ 5.00 905.31- 905.33 (e) Commercial Kennel 1 year $150.00 (f) Residential Kennel 1 year $ 85.00 (g) Veterinary $150.00 905.37- 905.39 (h) Pigeons 1 year $ 30.00 905.41 (i) Non - domestic Animals (Temporary Permit) $ 20.00 905.01- 905.29 (j) Impounding (each animal) 1 st time $ 25.00 2nd Time (each impound after) $ 50.00 SECTION 7. VEHICLE AND TRANSPORTATION LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION FEE (1) Bicycle 1335 Minnesota State Registration (2) Aircraft 1340 1 day $ 30.00 (3) Food Vehicle 615 (a) Bakery vehicle 1 year $ 75.00 (b) Catering - for first food vehicle 1 year $160.00 Second vehicle 1 year $ 65.00 Each additional vehicle 1 year $ 35.00 (c) Readily perishable (Same as (b) above) (4) Garbage and Refuse Commercial and Residential Collection 601.01- 601.33 First vehicle I year $150.00 Each additional vehicle 1 year $ 32.00 (5) Motor Vehicle Dealer 1155 Per place of business 1 year $175.00 Each additional place of business 1 year $ 65.00 (6) Motor Bicycle Business 1160 Per place of business 1 year $129.00 Per place of business to sell, rent or lease 1 year $ 65.00 (7) Sound Truck 1165 Per vehicle 1 year $129.00 Per vehicle 1 day $ 20.00 (8) Taxicab 1170 First vehicle or auto livery 1 year $325.00 Each additional vehicle or auto livery operated at any time within license period 1 year $40.00 • (9) Taxicab Driver 1175 1 year $30.00 (10) Rental or Utility 1185 Trailers and Trucks Each place of business 1 year $65.00 D -7 /0 -R SECTION 8. COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (1) Firearms Dealer 920.01 - 920.05 (2) Itinerant Food 615 Establishment FEE 1 year $1,000.00 1 year (3) Retail Candy 615 First facility 1 year Shop Each additional on same premises 1 year (4) Food Establishment 615 (a) Retail or Wholesale Food Sales (Grocery) 1 year (b) Restaurant (Prepackaged food only sold for consumption) 1 year $210.00 (c) Restaurant (Prepared food sold for (5) Vending Machine 615 (6) Automobile Washing Establishment 1125 (7) Scavenger (8) Incinerator (9) Tobacco (10) Soft drink (11) Transient (d) Plan Review Fee (New /remodeled food Merchant (12) Wagon (e) Additional Food Facilities Peddler (13) Christmas ovens) Tree Sales (14) Motel (15) Outdoor (b) Other food vending machines (excepting Merchandising 600.25 600.01- 600.23 $80.00 $80.00 $20.00 $210.00 consumption) 1 year (d) Plan Review Fee (New /remodeled food preparation facility) (e) Additional Food Facilities (Baked goods, meat, produce, microwave ovens) Each (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks) 1 year (b) Other food vending machines (excepting those dispensing bottled or canned soft drinks) 1 year (c) Ice vending machine 1 year Per calendar year or fraction thereof Each vehicle 1 year Permit fee for opening cesspool or dumping contents of each cesspool into City sewer 1 year 1145.03 (MS 461.12) Retail Sale and Distribution - per month or fraction thereof License issued on calendar year basis (cigarette vending machines prohibited, bill No. 1990 -7 4- 21 -90) 1145.01 (a) Cans, bottles from shelf or cooler, fountain service (b) Vending machine dispensing bottles or cans (c) Other vending machines Per year or fraction thereof Per each additional machine 1181.01 - 1181.09 1 day 1181 1130.03 1190 First Unit Per year each additional unit 1135 Permit D -8 $395.00 $125.00 $11.00 $15.00 $15.00 $15.00 $100.00 $30.00 $15.00 $30.00 $30.00 $25.00 -0- $25.00 $25.00 $60.00 1 year $150.00 1 year $80.00 $140.00 $ 9.00 $65.00 • 0 • SECTION 8._ COMMERCIAL BUSINESS AND TRADE LICENSES AND PERMITS (CONTINUED) /aq TYPE OF PERMIT SECTION 1 year $450.00 OR LICENSE REQUIRING DESCRIPTION FEE (16) Storage $365.00 actual costs in excess of above. Enclosure 1135 Per Enclosure $56.00 (17) Pawnbroker 1186 (a) Pawnbroker 1 year $1,750.00 and Second hand with total fee not to exceed Renewal Application Initial Fee Goods Dealer actual costs in excess of above (b) Second hand Goods Dealer I year $300.00 1200.09 Additional Investigation under 1200.09 Subd. 3 (c) Initial investigation fee (nonrefundable) actual costs not to exceed Investigation of substitute manager in excess of above with total not exceeding $1,200.00 Applicant shall deposit $1,200.00 with City Clerk along with application. Amount in excess of actual investigation costs shall be refunded. (18) Auto Detailing 1195.01 Establishment 1 year $225.00 SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING DESCRIPTION (1) Nonintoxicating Malt Liquor 1210 (a) On -Sale (b) Tavern (dance) (c) Wholesale (d) Off -Sale (e) Club (Bottle Club) (2) Liquor (3) Employee License On -Sale Liquor Establishments (4) Investigation Fee 1200.01- 1200.25, 1200.29 - 1200.39 (a) On -Sale 1215 (b) Sunday (Fee set by state law) 1225 (c) Wine 1200.01- 1200.25 (d) Veterans' Organization (Ex- Sunday) 1200.29 - 1200.39 FEE 1 year $550.00 1 year $450.00 1 year $21.00 1 year $160.00 1 year $365.00 1 year $11,200.00 1 year $200.00 1 year $800.00 1 year $520.00 1200.01- 1200.25, Effective 10/1/95 all licenses issued shall be valid 1200.29- 1200.39 for a period of two years from the date of initial application 1200.01- 1200.25, (a) On -Sale liquor including Veterans' Organization 1200.29- 1200.39 each person shown on application actual costs in excess of above. Each additional investigation for each person not listed on original or renewal application. 1225 (b) Wine - Original Application initial Fee actual costs in excess of above with total fee not to exceed Renewal Application Initial Fee actual costs in excess of above with total cost not to exceed 1200.09 Additional Investigation under 1200.09 Subd. 3 not to exceed Investigation of substitute manager D -9 $ 21.00 $500.00 and $150.00 $275,00 and $2,107.00 62.00 and' $2,107.00 $124.00 and $2,107.00 $62.00 /0-10 SECTION 10 -MISCELLANEOUS FEES TYPE OF PERMIT SECTION OR LICENSE REQUIRING (1) Registration 1 181 (2) Permit to reside 1190 (3) License for 405.25 Apartment Houses and Rental Homes (4) Certificate of 405.26 Housing maintenance Compliance (5) Permit Fee for Rooming House 405.19 DESCRIPTION (a) State hawker or Peddler license 6 month /per person covered (b) Canvasser or Solicitor. 6 month /per person covered In motel for more than six months (a) Apartment House (includes first 4 Units) 1 year each additional unit in excess of 4 (b) Rental Horne - single family dwelling 1 year (c) Duplexes /double bungalows, triples and quads First unit 1 year Each additional rental unit 1 year (d) Late Fee 10% penalty for each month or portion thereof during which said fee remains unpaid. (e) License Transfer Fee (f) Reinstatement of suspended license 50% of license fee (g) Reinstatement of Revoked license 100% of license fee (a) Single family home or owner /occupied portion of a 2- family home (6) Permit to Carry Mn Uniform Crime Bill (a) Processing Fee a Gun Chapt 636 Article 3 (7) Seasonal Load Limit Exemption (8) Antenna 426 (a) CWTS antenna permit application fee Commercial Wireless Telecommunication Service (b) Antenna permit fee for additional antennas (CWTS) added to an existing antenna location Passed by the City Council of the City of Richfield this 23rd day of June, 1997. ATTEST: Thomas P. Ferber City Clerk D -10 Martin J. Kirsch FEE $30.00 $30.00 $15.00 $55.00 $ 8.25 $55.00 $55.00 $20.00 $10.00 $55.00 1 year $75.00 $10.00 Per load $20.00 $75.00 $25.00 Mayor C • • ATTACHMENT - PLUMBING FEE CHANGES 1995 $20,783.00 447 1996 $22,268.00 536 As shown in the above tables, the total plumbing permit fees received do not entirely recover the costs paid to the City of Bloomington for plumbing inspections nor do they reflect the time spent by City of Richfield staff for permit issuance and inspection tracking and entry. Permit fees Residential Basement Bathroom with 3 plmg fixtures at a jobcost of $1,800 Commercial New building with 48 plumbing fixtures at a jobcost of $50,000 $30.50 $480.50 $36.90 $1,025.00 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 164 Agenda June 23, 1997 Issue Statement: Consideration of a resolution approving the 1997 -1999 labor contract for the International Association of Firefighters Local 1215. Background: City staff has completed negotiations with the International Association of Firefighters Local 1215 on a three -year labor agreement for the years 1997, 1998 and 1999, subject to City Council approval. The bargaining unit is represented by the International Association of Firefighters to the statewide organization. Local 1215 represents the positions of Firefighters, Fire Lieutenants and Fire Captains. There are presently 24 employees represented within this unit. The following issues were negotiated between the representatives of Local 1215 and the City and represent overall increases of 3.54 % for 1997, 3.86% for 1998 and 3.20% for 1999, as calculated on the BMS form: • 1. SALARIES The parties agreed to a settlement which includes a January 5, 1997 wage increase of 3% across the board, a January 1, 1998 wage increase of 3% across the board, and a January 1, 1999 wage increase of 3% across the board. This is a similar increase given to other employee groups. 2. EMPLOYER'S INSURANCE CONTRIBUTION The parties agreed that the maximum employer's contribution for health insurance be increased by $20 to $365 per month per employee, effective January 1, 1997, an increase of $20: to $385 per month per employee, effective January 1, 1998, and an increase of $20 to $405 (or whatever increase General Services and Management groups receive) per month per employee, effective January 1, 1999. This is identical to other employee groups for 1997, 1998 and 1999. The parties also agreed that the employer's contribution for dental insurance may increase by $2 to $26 per month per employee for individual coverage for 1997, 1998 and 1999 if the premium increases that much. 3. CLOTHING ALLOWANCE The parties agreed that the employer increase the annual clothing allowance from • $380 to a maximum of $400 per year for 1997, to $415 per year for 1998 and to $430 per year for 1999. • 4. HOLIDAY COMPENSATION The parties agreed that effective January 1, 1997 employees will a) be paid time and one -half pay for all hours worked on Thanksgiving and Christmas Day, and b) have the option of selling back one additional holiday midyear, bringing the total to three such holidays. Effective January 1, 1999, employees will also be paid time and one -half pay for all hours worked on Memorial Day and Independence Day, as well as Thanksgiving and Christmas Day. The time and one -half provisions are similar to other represented groups and other cities. 5. LONGEVITY The parties agreed that effective January 1, 1998, an additional 0.5% is added to all longevity steps. This provision makes the longevity benefit more competitive with other cities. 6. PHYSICAL FITNESS The parties agreed to establish a physical fitness program. It allows employees to convert 0.7 hours sick leave biweekly to holiday leave by maintaining an exercise program. This benefit is identical to Police Officers. 7. VACATION The parties agreed that beginning the twenty -fifth year, employees will begin • accruing vacation leave at a rate of 11.54 hours per biweekly payroll (300 duty shift hours per year). 8. DISABILITY RESERVE The parties agreed to increase the accrual cap from 840 hours to a maximum of 960 hours, decrease the accrual rate from 3.46 hours, decrease the accrual rate from 3.46 hours to 3.31 hours per biweekly payroll period, and increase the cash bank from 1.15 hours to 1.30 hours per biweekly payroll period. The parties also agreed on minor housekeeping changes. No other changes in the bargaining agreement were negotiated. Overall, the package negotiated by the City and Local 1215 is comparable to other settlements for City employee groups for 1996. The attached resolution provides for Council ratification of the agreement and the contract is signed by the Firefighters. Recommended Motion: It is recommended that the City Council approve the labor agreement with the International Association of Firefighters Local 1215 for the 1997, 1998 and 1999 • calendar years. 1.1- 0, • Basis of Recommendation: 1. The City and Local 1215 have negotiated a settlement for all of the three years the bargaining agreement covers. 2. The proposed agreement provides for economic benefits for the labor unit. 3. The agreement appears to be a fair and equitable settlement for both Local 1215 and the City. Alternative Recommendation: 1. The City could elect not to approve the provisions in the 1997 -1999 labor agreement, resulting in additional bargaining and /or binding arbitration. 2. The City Council could defer ratification of the contract to a future meeting. However, that would delay processing back pay to individuals in the unit. Discussion /Decision Mode: In order to allow the City's accounting personnel to modify payroll records in a timely manner and to proceed to process the year of 1997 to date for wages and benefit changes included in the contract referenced herein, it is recommended that the City Council act on June 23, 1997 to adopt the attached resolution providing for contract • changes and implementation effective January 1, 1997. Resp ully submitted, Jame D. Prosser City Manager JDP:ds 0 9 -3 RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE CALENDAR YEARS 1997, 1998 AND 1999 WHEREAS, the International Association of Firefighters Local 1215 have reached an understanding concerning hours and other conditions of employment for the years 1997, 1998 and 1999; and WHEREAS, it is appropriate to proceed with the establishment of a labor agreement with the International Association of Firefighters Local 1215 who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and an exclusive representative of the employee's in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield does hereby approve the reopener provisions for the labor agreement between the City of Richfield and the International Association of Firefighters Local 1215 for the year 1997 -1999 effective January 1, 1997 upon the completion of a signed agreement by both parties. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor d MA U 44 O i s:►�Y�J i W � X try � 1 Z 7 N G � Ll U r r n Y L � I�4 z Q 110 M tfl- O it G X v./ Z r. u L:l j r � W f ' z t�P"'fl i fJi 1:1 Gr 1 O O M 4s- O XA- o Ut us O M n - c U 1 s 2 7 to v ,;n V Ll U r r n Y L � I�4 z Q 110 M tfl- O it G X v./ Z r. u L:l j r � W f ' z t�P"'fl i fJi 1:1 Gr 1 O O M 4s- O XA- Z Q i o tfj � V4 .w► S woo 000o o� �c Q, un L.� V � SJ r� 1� C) 00 O N aN Ifl- r J J � � J J o o v t a� •r1 w r4 I � i t U 1 � { r o 0 1 M Z Q i o tfj � V4 .w► S woo 000o o� �c Q, un L.� V � SJ r� 1� C) 00 O N aN Ifl- r J J � � J J o o v t a� •r1 w r4 I � i t U 1 � { r i . 1 M n - c 1 s " v W fl o 1 1 � n � M X " t i ' I 1 1 � (.=o> N _ n 7 'J 1 O 1 N = u+ J " W 1 �= J • O z UI O a 1 .I, H W i W F 0 O f:. V Oz w r C C O L:. 0 u �.. '_ v.. � � » C te.. rp . a •^^ o U ? O � d C I I L `v o d v M � _ W d w r= I J O O I O I _ I - L IC-M lrn no ai+ C• ILyC� I d I l =} � � V J _w i � T H � O I Y - { C' � m LT ��3 I • m d J � o I i � I M � ON ,3 � � . m � _ = - I �I N v .w d I o � I i ^ v n j N N = � 0 p Y _ - - n ° a n �. N _ K -•Yc _ cN -o_ V nE d �N ,O C � .r�- _. � , • Uo r- 0 � l� om%pi O = _ . a � H `v a I � ' ~ p n I n V O c t N a> d A I n v d d . � y} 1 I T r6•U i_— N ° U_ l C -_ � 1 • I n u I C _ 5 N _ N NN O N W M ) M q ,-i j O Lr) te o N C' N 00 1; ; 7 M � Lr Lr) ca 3 Z� Z ll � N ON of C'41 t -N NJ C o O � -0 O O M 00 z Z O Z V Z V Z u H 1•p� } I h e O CMV� I � O I z z O O o0 z _ n� i - 2 N N N N N I d 0 O u I d G V V Y- Or M C C V _ .. ° O mW ol- 1 I I N I 'ol MI i 00 OI O r M! 001 1 of \I O, 7 M 1 � z ° z I z I r-, �^ ! zl I _ � M n N pdpJ P O. C` N u Ag �_ b _ ' p p p r - Z V .. V Z V 41 I � 0I Of 0 �I 1 i F z zi z r^ • I I I I j I I u1' I z z M'��I z W y Z V E _ I _ - • a o of I Y) I o = C d V a v m V o� I :' r= N Q) 00 G co 4 U O 4, 4J U •n d-1 Cd U 0 Cd co iC rn I _ C Cl -i — 00 ~ W C C', CC00.^^� I � � �I M ;j V 3 3 u 3_ •u _ G _O u � d d . O O r C - Z Z V Z O r. Z Z M � Lr Lr) ca 3 Z� Z ll � N ON of C'41 t -N NJ C o O � -0 O O M 00 z Z O Z V Z V Z u H 1•p� } I h e O CMV� I � O I z z O O o0 z _ n� i - 2 N N N N N I d 0 O u I d G V V Y- Or M C C V _ .. ° O mW ol- 1 I I N I 'ol MI i 00 OI O r M! 001 1 of \I O, 7 M 1 � z ° z I z I r-, �^ ! zl I _ � M n N pdpJ P O. C` N u Ag �_ b _ ' p p p r - Z V .. V Z V 41 I � 0I Of 0 �I 1 i F z zi z r^ • I I I I j I I u1' I z z M'��I z W y Z V E _ I _ - • a o of I Y) I o = C d V a v m V o� I :' r= N Q) 00 G co 4 U O 4, 4J U •n d-1 Cd U 0 Cd co iC of C'41 t -N NJ C o O � -0 O O M 00 z Z O Z V Z V Z u H 1•p� } I h e O CMV� I � O I z z O O o0 z _ n� i - 2 N N N N N I d 0 O u I d G V V Y- Or M C C V _ .. ° O mW ol- 1 I I N I 'ol MI i 00 OI O r M! 001 1 of \I O, 7 M 1 � z ° z I z I r-, �^ ! zl I _ � M n N pdpJ P O. C` N u Ag �_ b _ ' p p p r - Z V .. V Z V 41 I � 0I Of 0 �I 1 i F z zi z r^ • I I I I j I I u1' I z z M'��I z W y Z V E _ I _ - • a o of I Y) I o = C d V a v m V o� I :' r= N Q) 00 G co 4 U O 4, 4J U •n d-1 Cd U 0 Cd co iC Q) 00 G co 4 U O 4, 4J U •n d-1 Cd U 0 Cd co iC sr • CITY OF RICHFIELD, MINNESOTA Council Letter No. 163 Agenda June 23, 1997 Issue Statement: Consideration of an application for a renewal of a residential kennel license for Ethel Zobel, 6800 Cedar Avenue. Background: On June 11, 1997, Ethel Zobel submitted an application for a residential kennel license. She owns three dogs. Ms. Zobel's application contains all contiguous property owners' signatures. On June 16, 1997, an inspection of the property was conducted ,by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: . Staff recommends that the application for a residential kennel license be approved for Ethel Zobel, 6800 Cedar Avenue. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Zobel has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Zobel's residential kennel license. This would mean that she would have to reduce the number of animals on her property from three to two. Discussion /Decision Mode: Recommendation to approve a residential kennel license for Ethel Zobel, 6800 Cedar Avenue, is presented for Council consideration at this time. submitted, Jamels Y). Prosser City Wnager JDP:cak is m • CITY OF RICHFIELD, MINNESOTA Council Letter No. 162 Agenda June 23, 1997 Issue Statement: Consideration of an application for a renewal of a residential kennel license for Ruth Peterson, 2800 West 71 st Street. Background: On June 11, 1997, Ruth Peterson submitted an application for a residential kennel license. She owns four dogs. Ms. Peterson's application contains all contiguous property owners' signatures. On June 16, 1997, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for four dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved for • Ruth Peterson, 2800 West 71st Street. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Peterson has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Peterson's residential kennel license. This would mean that she would have to reduce the number of animals on her property from four to two. Discussion /Decision Mode: Recommendation to approve a residential kennel license for Ruth Peterson, 2800 West 71st Street, is presented for Council consideration at this time. Respectf ly submitted, 1-4 Jam . Prosser City WPnager JDP:cak • • WE • CITY OF RICHFIELD, MINNESOTA Council Letter No. 161 Agenda June 23, 1997 Issue Statement: Request for a temporary on -sale 3.2 percent malt liquor license and fee waiver for July 4 and 5, 1997, for Minneapolis - Richfield American Legion Post 435, 6501 Portland Avenue. Background: On June 10, 1997, Minneapolis - Richfield American Legion Post 435 submitted a request for a temporary license to serve on -sale 3.2 percent malt liquor on the evenings of July 4 and 5 within their parking lot area. They are requesting that any fee be waived. This request is in conjunction with the Richfield Fourth of July Celebration and has been organized by the Fourth of July Committee. Their plans are to have an open house and community dance outside on their property and they would like to serve refreshments, including beer. Their current liquor license is only valid for the serving of alcohol within the establishment and does not cover exterior serving. They have provided proof of additional liquor liability insurance to cover the exterior of their property. Recommended Motion: Approve a fee waived, temporary on -sale 3.2 percent malt liquor license for July 4 and . 5, 1997 for Minneapolis - Richfield American Legion, 6501 Portland Avenue, with the stipulation that the sale of 3.2 percent malt liquor cease no later than midnight. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a temporary on -sale 3.2 percent malt Liquor license. 2. The applicant has supplied the additional liquor liability insurance coverage. 3. The City has previously issued temporary on -sale 3.2 percent malt liquor licenses in conjunction with the Fourth of July Celebration. Alternative Recommendation: 1. . The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted temporary on -sale 3.2 percent malt liquor licenses in conjunction with the Fourth of July Celebration. Discussion /Decision Mode: The request for the temporary on -sale 3.2 percent malt liquor License for Minneapolis - Richfield American Legion, 6501 Portland Avenue, has been placed on the consent calendar for June 23, 1997. Res Ily submitted, • Jame . Prosser City M ager JDP:cak ,Q CITY OF RICHFIELD, MINNESOTA Council Letter No. 160 Agenda June 23, 1997 Issue Statement: Setting date of public hearing for consideration of the issuance of a new on -sale 3.2 percent malt liquor license for European Musical Network, d /b /a Cyber Palace Cafe, 6509 Nicollet Avenue. Background: An application for a new on -sale 3.2 percent malt liquor license for European Musical Network, d /b /a Cyber Palace Cafe, was received by the City on May 12, 1997. City ordinance provides that the City Council conduct a public hearing to consider all on -sale 3.2 percent malt liquor license applications and that a date be set for the public hearing prior to the hearing. Recommended Motion: , Set July 14, 1997 as the public hearing date to consider the issuance of a new on -sale 3 -2 percent malt liquor license for European Musical Network, d /b /a Cyber Palace Cafe, 6509 Nicollet Avenue. • Basis of Recommendation: 1. The hearing must be scheduled and held before a new license may be considered. 2. The new process has been initiated. 3. Holding the public hearing on July 14, 1997 will provide ample time to complete the licensing process. Alternative Recommendation: Schedule hearing for another date; however, this may delay the licensing process. Discussion /Decision Mode: Action to schedule the public hearing on July 14, 1997 will provide sufficient time for legal publication of the hearing. Respectfully submitted, Jam D. Prosser City Manager 41 JDP:cak 10 a • CITY OF RICHFIELD, MINNESOTA Council Letter No. 159 Agenda June 23, 1997 Issue Statement: Consideration of a request for an itinerant place of amusement license and fee waiver for Oak Grove Lutheran Church, 7045 Lyndale Avenue, for a Block Party to be held August 16 and 17, 1997. Background: In May, Oak Grove Lutheran Church submitted a request for an itinerant place of amusement license for August 16 and 17, 1997 for their "Summer Sizzle" event. They are requesting that the fee be waived as they are a religious organization. They will be serving food items like popcorn, nachos, pretzels, hot dogs, hamburgers and pizza and have contacted health inspectors for food serving requirements. Their hours of operation will be 12 noon -9 p.m. on August 16, and 10:30 a.m. -5 p.m. on August 17. Recommended Motion: Approve the itinerant place of amusement license and fee waiver request for August 16 and 17, 1997 for Oak Grove Lutheran Church, 7405 Lyndale Avenue. Basis of Recommendation: 1. The applicant has complied with the City code pertaining to this license. Alternative Recommendation: 1. The Council could decide to deny the request. This would mean that they would be unable to hold the event. The Public Safety. Department has not found any basis for a denial. Discussion /Decision Mode: Consideration of the request for the issuance and fee waiver of an itinerant place of amusement license for Oak Grove Lutheran Church, 7045 Lyndale Avenue, for a Block Party to be held on August 16 and 17, 1997 is presented at this time. Respec ully submitted, Ja a D. Prosser City anager JDP:cak • CITY OF RICHFIELD, MINNESOTA Council Letter No. 158 Agenda June 23, 1997 Issue Statement: Consideration of a request for an off - street parking permit to allow construction of a 2,255 square foot retail building at 220 East 78th Street. Background: Spence Diamonds is requesting an off - street parking permit to allow them to construct a 2,255 square foot building for retail sales at 220 East 78th Street. The existing house located on the property would be demolished. Nine parking spaces would be provided on the property. Access to the parcel would be off of 2nd Avenue because future access to 78th Street would be restricted at such time that 1 -494 is expanded. Landscaping would be provided in accordance with City landscape standards. The applicant may also be able to preserve some of the existing trees on the site. The existing parcel of land is 7,888 square feet. The applicant plans to purchase land from the Church of the Assumption to make the property useable as a commercial site. The Church of the Assumption currently owns a 14 foot strip of property to the west of the subject property. The Church has agreed to sell this strip of property to Spence Diamonds along with a 13 -foot strip of land to the north of the subject property. A pedestrian bridge is located on the right -of -way to the west of the property. The height and location of the bridge will partially obscure the site, so the applicant has requested approval for a sign taller than the maximum 27 feet allowed by the sign ordinance. The City Council can grant approval of a sign of unusual height in certain cases. Staff will bring the request fora taller sign to the City Council after receiving and reviewing plans for all of the signage for the site. Recommended Motion: Approve the request for an off - street parking permit with the following stipulation: 1. That the Community Development Director approve the landscape plan and that a cash escrow be submitted for the cost of the landscaping. 2. That a sediment and erosion control plan be approved by the Public Works Director. 3. That a stormwater management plan be approved by the Public Works Director. • 4. That a subdivision waiver be approved for the purchase of additional land to the west and north of the property and the resolution recorded. S O -i 5. That the final location of the trash enclosure be approved the Community Development Director. Basis of Recommendation: 1. The proposed demolition of the house and construction of a new building provides a more viable use of the site than the existing house. The existing house is nonconforming as a residential use and commercial use of the house would require handicapped accessibility modifications. 2. The proposed parking meets City parking standards for the proposed building size and use of the property. 3. The proposed property access takes into account future expansion plans for 1- 494. 4. The proposed retail use is permitted in the C -2 (general commercial) zoning district. 5. The parcel is designated "freeway strip" in the current Comprehensive Plan. The proposed use is consistent with the "freeway strip" classification. 6. Landscaping would be provided in accordance with City landscape standards. 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: Consideration of this item is scheduled on the Consent Calendar of the City Council meeting. Respectf ly submitted, James . Prosser City Manager JDP:ds L' • r7j • nex.�w. l i �_aa rd I �- I , Si. e � _ . .dwr �rAt o ` 0 C)'. DATE: REVSKM Q i. EXTERIOR.- Spence, RICHFIELD ELEVATIONS U CITY OF RICHFIELD, MINNESOTA Council Letter No. 157 Agenda June 23, 1997 Issue Statement: Consideration of a resolution approving a subdivision waiver at 220 East 78th Street to allow a purchase of property from 305 East 77th Street. Background: Spence Diamonds is requesting a subdivision waiver to allow purchase of property from Church of the Assumption, 305 East 77th Street. Spence Diamonds is purchasing the property at 220 East 78th Street to construct a new retail store. The property is currently 7,888 square feet in size. The parcel is zoned C -2 (general commercial), but the small size of the parcel makes commercial use of the property difficult. Spence Diamonds would purchase a 14 -foot strip of land located between the subject parcel and the right -of -way that is currently owned by the Church. Future expansion plans for 1 -494 will remove 78th Street in front of the subject property. Ownership of this piece of land would provide direct access to Second Avenue from 220 East 78th Street. • Spence Diamonds is also proposing to purchase a 13 -foot strip of land located to the north of the subject property. This would create a larger parcel and make development of the site as a commercial use more viable. The north property line would be located five feet from the existing church driveway. The size of the parcel at 220 East 78th Street would be 10,578 square feet. The impact of the sale on the church property would be negligible. Recommended Motion: Adopt a resolution approving a subdivision waiver for 220 East 78th Street to allow purchase of property from 305 East 77th Street. 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. Purchase of the subject property would create a 10,578 square foot parcel at 220 East 78th Street, which meets the 9,000 square foot minimum lot size requirement of the C -2 district (Section 526.29, subd. 2). • 4. Future expansion plans for 1 -494 would eliminate access to 78th Street from the parcel, requiring direct access to Second Avenue. Purchase of the 14 -foot strip of 2N-1 • land to the west of 220 East 78th Street would allow for the necessary access to Second Avenue. 5. Purchase of the subject property would not negatively impact the remaining church property at 305 East 77th Street; the church parcel would still meet the minimum lot size requirement of 9,000 square foot. 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. RespectfLAy submitted, James D Prosser • City M ager JDP:ds 0 U Wa 0 RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 220 East 78th Street 305 East 77th Street 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 220 East 78th Street and 305 East 77th Street, legally described on Attachment One, attached hereto and hereby made a part hereof (hereafter the subject property); and WHEREAS, the proposed division of land for which the subdivision waiver is sought is as legally described on Attachment Two, attached hereto and hereby made a part hereof; and WHEREAS, the two lots resulting from the subdivision waiver will comply with Section 526.29 of the City Code relating to lot area and width; 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 in Attachment One. 2. Future transfers of any of the Subject Property may be by parcel or parcels as described in Attachment Two. 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. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June 1997. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk • ATTACHMENT ONE Parcel A (220 East 78th Street): SN3 The West 68 feet of the East 284 feet of the South 156 feet of that part of Government Lot 1 which lies within the Southwest 1/4 of the Southeast 1/4 of Section 34, Township 28, North Range 24, West of the 4th Principal Meridian Parcel B (305 East 77th Street): TRACT 1: All that part of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section Thirty Four (34), Township Twenty Eight (28), Range Twenty Four (24) lying North of the South 590 feet thereof and lying Westerly of a line drawn at right angles from a point on the North line of the South 590 feet thereof distant 425.65 feet West of the Northerly extension of the West line of Ranft's Addition. TRACT 2: That part of the South 1/2 of the South 1/2 of the Southeast 1/4 of Section Thirty Four (34), Township Twenty Eight (28), Range Twenty Four (24) described as follows: Beginning at a point on the north line of said South 1/2 of the South 1/2 of Southeast 1/4 a distance of 916.65 feet West of the East line of said Section 34; thence West along said North line a distance of 725.46 feet to the intersection of the centerline of 2nd Avenue South extended South from A.G. Bogen Company's Nicollet Avenue Addition; thence South along the centerline of said Second Avenue South a distance of 654.32 feet to the intersection of the South line of said Section 34; thence East along the South line of Section 34 to a point distant 284 feet West of the Southeast corner of the Southwest 114 of the Southeast 1/4 of said Section 34; thence North and parallel with the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 34 a distance of 156 feet; thence East and parallel with the South line of said Section 34 a distance of 159 feet; thence South and parallel with the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 34 a distance of 156 feet to the South line of said Section 34; thence East along the South line of said Section 34 a distance of 521.85 feet to a point distant 916.65 feet West of the Southeast corner of said Section 34, thence North on a line 916.65 feet West of and parallel with the East line of said Section 34 a distance of 654.49 feet, more or less, to the point of beginning, excepting therefrom however those parts thereof described as follows: TRACT 2: • (a) Tract 1 hereinbefore described. �N -y (b) The west 300 feet of the East 1216.65 feet of the South 238 feet of the North 435 feet of said South 1/2 of Southeast 1/4 of Southeast 1/4. (c) Beginning on a line 916.65 feet West of and parallel with the East line of said Section 34 at a point 435 feet South of the North line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence West and parallel with said North line a distance of 245.2 feet; thence South and parallel to the East line of said Section 34 a distance of 63.4 feet, more or less, to a point 156 feet North of the South line of said Section 34; thence West and parallel with and 156 feet North of the South line of said Section 34 a distance of 121 feet; thence South and parallel with the East line of said Section 34 a distance of 156 feet to the South line of said Section 34; thence East along the South line of said Section 34 a distance of 366.2 feet to a point 916.65 feet West of the Southeast corner of said Section 34; thence North on a line 916.65 feet West of and parallel with the East line of said Section 34 a distance of 219.46 feet to the point of beginning. All of the foregoing being subject to easements for public roads and subject to other easements as appear of record. • r� L 8N -5' • ATTACHMENT TWO Parcel A (220 East 78th Street): The West 68 feet of the East 284 feet of the South 156 feet of that part of Government Lot 1 which lies within the Southwest 1/4 of the Southeast 1/4 of Section 34, Township 28, North Range 24, West of the 4th Principal Meridian Parcel B (305 East 77th Street): TRACT 1: All that part of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section Thirty Four (34), Township Twenty Eight (28), Range Twenty Four (24) lying North of the South 590 feet thereof and lying Westerly of a line drawn at right angles from a point on the North line of the South 590 feet thereof distant 425.65 feet West of the Northerly extension of the West line of Ranft's Addition. TRACT 2: That part of the South 1/2 of the South 1/2 of the Southeast 1/4 of Section Thirty Four (34), Township Twenty Eight (28), Range Twenty Four (24) described as follows: Beginning at a point on the north line of said South 1/2 of the South 1/2 of Southeast 1/4 a distance of 916.65 feet West of the East line of said Section 34; thence West along said North line a distance of 725.46 feet to the intersection of the centerline of 2nd Avenue South extended South from A.G. Bogen Company's Nicollet Avenue Addition; thence South along the centerline of said Second Avenue South a distance of 654.32 feet to the intersection of the South line of said Section 34; thence East along the South line of Section 34 to a point distant 284 feet West of the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section 34; thence North and parallel with the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 34 a distance of 156 feet; thence East and parallel with the South line of said Section 34 a distance of 159 feet; thence South and parallel with the East line of the Southwest 1/4 of the Southeast 114 of said Section 34 a distance of 156 feet to the South line of said Section 34; thence East along the South line of said Section 34 a distance of 521.85 feet to a point distant 916.65 feet West of the Southeast corner of said Section 34, thence North on a line 916.65 feet West of and parallel with the East line of said Section 34 a distance of 654.49 feet, more or less, to the point of beginning, excepting therefrom however those parts thereof described as follows: • TRACT 2: (a) Tract 1 hereinbefore described. (b) The west 300 feet of the East 1216.65 feet of the South 238 feet of the North 435 feet of said South 1/2 of Southeast 1/4 of Southeast 114. (c) Beginning on a line 916.65 feet West of and parallel with the East line of said Section 34 at a point 435 feet South of the North line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 34; thence West and parallel with said North line a distance of 245.2 feet; thence South and parallel to the East line of said Section 34 a distance of 63.4 feet, more or less, to a point 156 feet North of the South line of said Section 34; thence West and parallel with and 156 feet North of the South line of said Section 34 a distance of 121 feet; thence South and parallel with the East line of said Section 34 a distance of 156 feet to the South line of said Section 34; thence East along the South line of said. Section 34 a distance of 366.2 feet to a point 916.65 feet West of the Southeast corner of said Section 34; thence North on a line 916.65 feet West of and parallel with the East line of said Section 34 a distance of 219.46 feet to the point of beginning. (d) The north 13.24 feet of the south 169.24 feet of the west 68.00 feet of the east 284.00 feet; and the west 14.33 feet of the east 298.33 feet of the north 129.24 feet of the south 169.24 feet, in all that part of Government Lot 1 which lies within the Southwest Quarter of the Southeast Quarter of Section 34, Township 28 North, Range 24 West of the 4th Principal Meridian. All of the foregoing being subject to easements for public roads and subject to other easements as appear of record. • W Z W a 0 z N 305 EAST 77TH ST. SUBDIVISION WAIVER S�J-� 77TH STREET 14.32' b$' 78TH STREET FtenMa a aria PLANNING ZONING cmr SITE PLAN 000000 0000 00000000000 EXISTING 220 E. 78TH ST. PROPERTY PROPERTY TO BE PURCHASED. NORTH SCALE: V= 100' DATE: 6 -16 -97 CITY OF RICHFIELD, MINNESOTA Council Letter No. 156 Agenda June 23, 1997 Issue Statement: Consideration of a request for an off - street parking permit to allow construction of a 6,720 square foot building at 6601 Bloomington Avenue. Background: Minnesota Valley School of Music is in the process of purchasing the property at 6601 Bloomington Avenue from the Housing and Redevelopment Authority. They propose to construct a 6,720 square foot building on the property to house the music school and one office tenant. The proposed building is a split level structure with a brick and stucco exterior. The development would have one access point at the southwest end of the property. Twenty -six parking spaces would be provided on the site. The existing curb cut on 66th Street and the northern -most curb cut on Bloomington Avenue would be closed. Landscaping would be provided on the site, although final details of the landscape plan need to be agreed upon between the applicant and staff. Recommended Motion: Approve the request for an off - street parking permit with the following stipulations: 1. That the final site plan be approved by the Community Development Director. 2. That a sediment and erosion control plan be approved by the Public Works Director. 3. That a stormwater management plan be approved by the Public Works Director. 4. That a detailed grading plan be submitted to indicate proposed treatment of the slope on the east side of the property. 5. That a final landscape plan be approved by the Community Development Director and a cash escrow submitted for the cost of the landscaping. 6. That the fence along the south property line be painted. Basis of Recommendation: 1. The proposed use of the building as a music school and office is an appropriate commercial use for the location. • 2. Adequate parking would be provided for the proposed uses. City parking standards require 27 spaces; however, the 26 parking spaces provided should be adequate. 9 M -1 3. Landscaping would be provided in accordance with City landscape standards. 4. The existing fence would be maintained to provide a buffer between the subject property and the adjacent residential property. 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: Consideration of this item is scheduled on the Consent Calendar of the City Council meeting. Respectfylly submitted, Jame . Prosser City Manager JDP:ds LJ �J • • oi'/f� =: 660 BLOOMINGTON AVE J tI' S1° 660 BLOOMINGTON AVE J tI' • �ftg�T oMr�NGTO" 6601 gL0 2 yvtfavdv' SOI "L-f ao"�NGi °µ X601 BL � I I - CITY OF RICHFIELD, MINNESOTA O Council Letter No. 155 Agenda June 23, 1997 Issue Statement: Consideration of a request for an off - street parking permit to allow construction of a 4,000 square foot retail building by Richfield Floral & Nursery at 817 East 66th Street. Background: Richfield Floral & Nursery is in the process of purchasing the property at 817 East 66th Street from the Housing and Redevelopment Authority. They are requesting an off- street parking permit to allow construction of a 4,000 square foot building on the property to house their flower and nursery store. The business would move out of its existing space at 811 East 66th Street into the new building. The existing space would be leased out to another business. The convenience store located in the existing building and blacktopping business located at the rear of the existing site would remain. Twenty -three parking spaces would be provided on the property. An additional 25 parking spaces are provided on the existing property. The new location would also 4 include approximately 4,000 square feet of outdoor sales space. All curb cuts to the property along East 66th Street would be closed and access limited to Chicago and Elliot Avenues. The boulevard along East 66th Street on the east property is currently blacktopped. When the curb cuts are closed, the blacktop would be removed and replaced with sod. A new facade would be installed on the existing building to coordinate with the new building. The landscape plan submitted does not meet the City's landscape requirements. Additional trees along the street frontage should be required. Additional trees along the south property line are also needed to provide an appropriate screen for the adjacent residential use. A revised landscape plan with additional trees and plantings should be required. Recommended Motion: Approve the request for an off - street parking permit with the following stipulations: That the stormwater management plan be approved by the Public Works Director. 2. That the sediment and erosion control plan be approved by the Public Works Director. 2L-1 3. That a revised landscape plan be submitted and approved by the Community Development Director and a cash escrow be submitted for the cost of the landscaping. 4. That specifications be submitted for the outdoor sales area fencing and be approved by the Community Development Director. 5. That plans for a trash enclosure be submitted and approved by the Community Development Director. 6. That a plan for lighting in the rear parking lot be submitted and approved by the Community Development Director. 7. That a signage plan for both properties, showing coordinated signage, be submitted to and approved by the Community Development Director Basis of Recommendation: 1. The proposed building at 817 East 66th Street and proposed improvements to 811 East 66th Street provide for a coordinated development of the two properties. 2. Twenty -three parking spaces would be provided on the west property, exceeding the City's parking requirement of 20 stalls. 3. Improvements would also be made to the existing building at 811 East 66th Street. A new facade would be constructed, curb cuts along East 66th Street closed, and the blacktop on the boulevard removed and replaced with sod. 4. The proposed landscape plan does not meet City landscape standards; a revised plan with additional trees and plantings should be submitted. 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: Consideration of this item is scheduled on the Consent Calendar of the City Council meeting. Respectfu y submitted, James . Prosser City Manager JDP:ds ------ ------ 66TH STREET EAST (CO. RD. NO. 53) 7 f-- Z3 w ::3 W a fl) 6' HIGH WOOD FENCE .0 FA T 10 DECK EX!ST11, -FIELD FLORAL & NURSERY, INC. 817 EAST 66TH STREET RICHFIELD. MINNESOTA 55423 258.14 E Hi. WOOD FENCE,,\ SITE SUMMARY -T 1-3 W z Z3 uj I. O Lu o GROSS LOT AREA: 25.829 S.F. GROSS BLDG AREA: 4,000 S.F.- PERCENT OF BLDG COVERAGE: 15.5% NET LOT AREA: 21,829 S.F. LANDSCAPED AREA: 4,950 S.F. LANDSCAPED AREA AS X OF GROSS LOT AREA: 27% PARKING STALLS RIEG-D on SITE PLAN PARKING STALLS PROVIDED: 22 NORTH I =I �I WI WI i Q• I QI ul Z. "I I I -------- - - - - -- 66TH STREET EAST (CO. RD. NO. 53) • 817 E. 66TH ST LANDSCAPE PLAN LANDSCAPE SCHEDULE AN KEY BOTANICAL NAME MM N NA SIZE REMARK 3 3 AF OP Acer X freemonii 'Jeffers Red' Ouercus pofustris AUTUMN BLAZE MAPLE 2 T 2' CAL B&B SLRAIGM IFADCRS, PIN OAK 2 1%2� CAL 8k8 STTRMDM LEADERS. WTCHED SPECIMENS SHRUB 14 SB Spiroeo % bumaldo 'Coldllome' 'Sea GOLDFLAME SPIREA 24' HT., CONT. MW. S CWES AT HT. SPEC. 4 JC Juniperus chinensis Green' SEAGREEN JUNIPER 24_ DIA.. CONT. wH. s CARES 4 JS - Juniperus Sabina Skondid SKANDIA JUNIPER 24 DIAL. CONT. AT DMA SPEC. u I* +V/ i r W r r co IL! 5 IR 9NI1300M138 21018303 ONtallne `JNILStX3 yaau • n uh «• )X3S,,nM V 1"013 O1313H317d rtf ?� aspp@@_ Q 9 a I Z II�Z e Z i ac N 1 14 10,12 CITY OF RICHFIELD, MINNESOTA Council Letter No. 154 Agenda June 23, 1997 Issue Statement: Appointments to Aesthetic Design Review Committee for the proposed 1 -35W High Occupancy Vehicle (HOV) Lane Project from 1 -494 to 42nd Street. Background: Council may recall that when considering the layout to add a third lane for high occupancy vehicles on 1 -35W from 1 -494 to 42nd Street in Minneapolis at the March 24, 1997 Council meeting, there was a request by the Minnesota Department of Transportation (MnDOT) that Council would be asked to appoint City representatives to serve on an Aesthetic Design Review Committee to oversee aesthetic design elements of the 1 -35W project. The Committee will consider aesthetic opportunities and challenges and resolve any issues necessary to incorporate appropriate aesthetic details into the project's final design. The Committee, which is expected to meet over the next 12 -18 months, will consist of four MnDOT representatives, four Minneapolis representatives and four Richfield 41 representatives. The MnDOT representatives will be from the areas of road design, bridge design, and site development. Representatives for the cities of Richfield and Minneapolis will be one staff person and three local citizens. Council may want to consider having both neighborhood citizen participation as well as citizen participation from a broader perspective when making appointments. Staff recommends that the City staff representative be John Melin from the Community Development Department. Citizen representatives suggested by staff are: • David Gepner, 750318th Avenue, Planning Commission • Roger Gordon, 6345 17th Avenue, Planning Commission • Joseph Capetz, 6227 Wentworth Avenue. Mr. Capetz recently expressed concern to the City Council about the impact of the proposed 1 -35W Project on residents living near the 62 Crosstown Commons Section. Arlene Dixson of Highland Management Group has agreed to serve as an alternate in the event one of the other candidates can not attend the monthly Committee meetings. While she is not a resident of Richfield, she has been involved in a number of successful aesthetic design projects with the City of Richfield involving multi - family apartment buildings. Recommended Motion: SAppoint the three citizen representatives, one alternate and one staff representative from the City of Richfield as proposed to serve on the Aesthetic Design Review Committee for the proposed 1 -35W High Occupancy Vehicle Lane Project from 1 -494 to 42nd Street. Basis of Recommendation: 1. The Minnesota Department of Transportation has proposed creation of an 1 -35W Aesthetic Design Review Committee including one staff and three citizen representatives each from Minneapolis and from Richfield to assist in the aesthetic design of 1 -35W from 1 -494 to 42nd Street. 2. The City of Richfield acknowledges that the magnitude of this project will provide many aesthetic opportunities and challenges. The project's aesthetic issues need to be resolved cooperatively between MnDOT, Minneapolis, Richfield, the public, and other interested agencies such that appropriate aesthetic details can be incorporated into the project's final design. Alternative Recommendation: 1. Do not participate on the Aesthetic Design Review Committee. However, the City of Richfield has long believed in participation by affected parties for the resolution of concerns to mutual benefit. 2. Appoint different members to the Committee. However, staff is not aware of other candidates willing to serve on the Committee. Discussion /Decision Mode: Appointments need to be made at the June 23, 1997 Council meeting so appointees can be given adequate notice of the first meeting of the Aesthetic Design Review Committee set for July 14, 1997. Respec !!y submitted, Jam . Prosser City nager JDP:ds C� #,r1NESo, Minnesota Department of Transportation x v A Sag Metropolitan Division Up' Waters Edge 1500 West County Road B2 Roseville, MN 55113 June 9, 1997 City of Richfield Representative I -35W Aesthetic Design Review Committee Re: First scheduled Committee Meeting Thank -you for choosing to serve as a representative for the I -35W Aesthetic design review committee. The reconstruction of the I -35W /Highway 62 common section and other highway improvements to I -35W between I -494 and 42nd Street will provide many aesthetic challenges and opportunities that the committee will need to cooperatively work through. There will be twelve committee members, comprising of citizen representatives from Minneapolis and Richfield, city staff persons from both cities, and Mn /DOT staff. It is expected that the committee will need to meet monthly for at least a year. The first committee meeting is scheduled for Monday, July 14th, 7:00 pm to 9:00 pm at the Richfield Water Plant, 6221 Portland Avenue. The first meeting will be an introductory meeting to provide committee members with general project information, discuss the role of the committee, and begin to get to know each other. At this meeting we will also be setting up a meeting schedule for the committee for the next 12 to 18 months. As a starting point I suggest that the committee meet on the second Monday of each month starting in August (i.e. 8/11, 9/8, 10/13,11/10, etc.). I look forward to working with you and the other committee members. If you have any questions I can be reached at 582 -1320. Sincerely, V I Adam Josephson Project Manager An equal opportunity employer gi- CITY OF RICHFIELD, MINNESOTA Council Letter No. 153 Agenda June 23, 1997 Issue Statement: Award the contract to resurface 76th Street between Sheridan Avenue and Xerxes Avenue, and install a new traffic signal at 76th Street and Upton Avenue. Background: The City solicited bids to resurface 76th Street between Sheridan Avenue and Xerxes Avenue, and install a new traffic signal at 76th Street and Upton Avenue. The bids were opened on June 11, 1997. The following bids were received: • Ashbach Construction Co. $327,361.80 • Midwest Asphalt Corp. $369,759.50 The above bid tabulation summary indicates Ashbach Construction Co. of St. Paul, MN submitted the lowest responsible bid. The City's engineering consultant, WSB & Associates, Inc., has reviewed the bids and confirmed the lowest responsible bid in • keeping with State specifications is $327,361.80. The bid is below the engineer's cost estimate of $337,540 for the contract. There appears to be no cause to reject the bid. The contract start date for the work is July 7, 1997. The resurfacing work will take six weeks and the signal work will be done by mid - October. Recommended Motion: Accept the bid minutes /tabulation and award the 76th Street resurfacing and signal work contract to the lowest responsible bidder, Ashbach Construction Co. of St. Paul, MN for $327,361.80. Basis of Recommendation: 1. The bid submitted by Ashbach Construction Company was reviewed and considered complete. 2. The lowest bid is below the Engineer's cost estimate to perform the work. 3. The Ashbach Construction Company has recently performed similar resurfacing projects in Richfield in a satisfactory manner Alternative Recommendation: Reject all bids and rebid the project. However, rebidding would delay the project and the lowest bid was within the Engineer's cost estimate for the work. U-1 Discussion /Decision Mode: The Council is encouraged to make a decision on June 23, 1997 to allow the contractor to begin the construction work in early July, 1997. Respectfully submitted, Jam . Prosser City Hager JDP:ds Attachment • • • • 3JrC2- CITY OF RICHFIELD, MINNESOTA Bid Opening June 11, 1997 11:00 a.m. 76th Street Improvements York Avenue to 1 -35W City Project No. 9200 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 76th Street Improvements York Avenue to 1 -35W, as advertised in the official newspaper on May 28, 1997. Present: Thomas Ferber, City Clerk Michael Eastling, Public Works Director Cheryl Krumholz, City Manager Representative Tom Foley, Transportation Engineer Nancy Stroth, Deputy Clerk The following bids were submitted and read aloud: Vendor Bid Addendum Total Bid Amount Bond Ashbach Construction Co. 5% yes $327,361.80 St. Paul, MN Bid Bond Midwest Asphalt Corporation 5% yes $369,759.50 Hopkins, MN Bid Bond The City Clerk announced that the bids would be tabulated and considered at the June 23, 1997 City Council Meeting. Thomas P. Ferber City Clerk 70M • CITY OF RICHFIELD, MINNESOTA Council Letter No. 152 Agenda June 23, 1997 Issue Statement: Authorization to sign the Interim Funding Agreement and join the Warden Oil Site Group. Background: The City of Richfield was notified this spring by the Minnesota Pollution Control Agency (MPCA) that the MPCA considers the City of Richfield a Potentially Responsible Party (PRP) for the contamination of the Warden Oil Site, located at 187 Humboldt Avenue North in Minneapolis. The City's Public Works Department used Warden Oil for the appropriate disposal of used motor oil prior to 1992, possibly during the years 1985 through 1991. A list of PRP's for the Warden Oil Site, which was compiled by the MPCA, is attached to this Council Letter. The listing indicates that the City of Richfield is the 40th largest contributor to the site with slightly less than 0.3% of the total waste in. This is based on information available to date. Based on this information, it would appear that the City may have some exposure to a claim and be jointly and individually liable for the costs of investigating and remedying the contaminating conditions present at the Warden Oil Site. Past situations of this nature seem to indicate that the most cost - effective method of responding to this problem is to participate in a parties group with other PRP's. The parties group can than retain a single consultant to advise the group and assist it in negotiating with the MPCA concerning an appropriate remedy. If an agreement is obtained, the parties group can supervise the implementation of the remedy. The group will need to finance the remedy, however it may then seek contribution from insurers and other PRP's. Typically, those initially identified by the MPCA are only part of the universe of PRP's who contributed waste to the site. An exploratory meeting about the formation of a parties group ( "Warden Oil Site Group ") for the Warden Oil Site was conducted on April 18, 1997. Robert Lindahl, of the City Attorney's office, attended the meeting on behalf of the City of Richfield. The City has been asked by the law firm of Leonard, Street and Deinard about joining the Warden Oil Site Group. The cost of participating is $500, payable to the group upon joining. Inasmuch as the group is the most cost - effective method for parties to jointly investigate and plan remediation of a site, whenever the parties are ultimately likely to be determined to have liability, it is advantageous for PRP's to participate. The alternative to joining the group is to let the MPCA or group plan remediation of a site and then sue the City and others for all or a portion of the clean -up costs. Under that scenario, the City would potentially be required to bear all of its own legal and environmental costs in defense, plus a likely higher mediation cost due to the MPCA over - designing the remedy or seeking to recover significantly more cost incurred by MPCA in designing and enforcing the remedy. However, even if the City joins the group, it will be necessary for the City to incur some legal and administrative expenses in attending group meetings and otherwise monitoring its activities. 2--_ I The City is currently exploring whether any insurance coverage exists for this exposure. However, it is quite possible that there is no coverage. If the City Council authorizes the City to join the Group, the primary City representative would be Public Works Director Mike Eastling. Robert Lindahl of the City Attorney's office would serve as the legal representative for the City as needed. Recommended Motion: Authorize the City Manager to sign the Interim Funding Agreement and to pay $500 to the Leonard, Street and Deinard Trust Account as the City's initial interim payment to join the Warden Oil Site Group and authorize the City Attorney or other representative of the City to represent the City in the affairs of the Group. Basis of Recommendation: 1. The City has been named by MPCA as a potential PRP in the contamination of the Warden Oil Site. 2. The most effective way to deal with such a situation is to join other PRP's in forming a group to evaluate and monitor the issue. 3. Robert Lindahl, of the City Attorney's office, has already attended a preliminary 40 meeting of the formation of such a group and recommends that the City participate. 4. It is staffs belief that this is a more cost - effective way to respond to the situation than attempting to have the City of Richfield pursue this matter on its own. 5. Along with Mr. Lindahl, from the City Attorney's office, Public Works Director Mike Eastling would represent the City in meetings of this group. Alternative Recommendation: City Council could decide to disapprove this action and have the City investigate and defend itself in this charge on its own. Discussion /Decision Mode: It is recommended that the City Council take action on this item on June 23 so that the City may enter into the Interim Funding Agreement and join the Warden Oil Site Group as soon as possible. Joining this group in a timely manner is important for the City to be on board in terms of the future actions of the group. Respectfully submitted, Ja a D. Prosser City anager RIBIX6i1 • r"' AF7 WARDEN OIL SITE INTERIM FUNDING AGREEMENT This agreement is made the _ day of , 1997, by and among the parties (herein after the "Participants ") whose authorized representatives have executed this agreement. WHEREAS, the Minnesota Pollution Control Agency ( "MPCA ") has conducted certain activities at the Warden Oil Site ( "Site "), located at 187 Humboldt Avenue North, Minneapolis, Minnesota, under the authority of the Minnesota Environmental Response and Liability Act ( "MERLA "), Minn. Stat. § 115B.01 et seq. WHEREAS, the MPCA alleges that the undersigned Participants to this agreement and certain other persons are responsible persons ( "RPs ") under MERLA for the release of hazardous substances, pollutants and/or contaminants at the Site; WHEREAS, the Participants believe that it is in their joint interest to determine the approximate range of costs associated with remediation of the Site to different cleanup levels; WHEREAS, the Participants may desire to voluntarily undertake response action for the Site and believe that certain cost savings may be realized in responding on a joint and cooperative basis to issues relating to the Site; WHEREAS, pursuant to these interests, the Participants hereby organize a Warden Oil Site Group ( "Group ") and establish an organizational structure; WHEREAS, the Participants seek to develop an equitable allocation of expenses which the Group may incur from time to time, without establishing any precedent as to an allocation scheme for any possible partial or full settlement; and WHEREAS, the Participants agree that participation in any joint effort, including but not 9 limited to, contributing to the funding of Group activities, is in no way to be construed as an admission of liability by any of the Participants, and that the Participants expressly do not admit any liability or obligation with respect to the Site. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and commitments set forth herein, THE PARTICIPANTS AGREE AS FOLLOWS: 1. PURPOSE The purpose of this agreement is to: a) provide a means for the Participants to jointly conduct activities needed to establish the approximate range of costs for remediation of the Site to different cleanup levels; b) to establish a mechanism to determine whether the Group will undertake additional activities related to the Site; c) to provide a structure to govern any activities that the Group undertakes in furtherance of the joint interests of the Participants; and d) to establish an interim mechanism for allocating and paying associated costs. 2. ORGANIZATIONAL STRUCTURE 2.1 Steering Committee. To carry out the purposes of this agreement, the Participants hereby establish a Steering Committee. Membership. on the Steering Committee shall be open to any Participant who agrees to make one or more representatives reasonably available to participate actively in Steering Committee functions. All Participant representatives shall serve on the Steering Committee as volunteers without compensation from the Group. 2.2 Steering Committee Functions. The Steering Committee is authorized to: (a) select and retain consultant(s) and contractor(s); (b) collect payments from the Participants and disburse payments to implement this agreement, including without limitation, payments to technical consultants; (c) negotiate and communicate with the Minnesota Pollution Control 0 Agency ( "MPCA ") and any alleged RP on behalf of all Participants; (d) conduct votes of the 1527491.02 2 OR% A F Group where required by this Agreement; and (e) otherwise coordinate the Group's efforts pursuant to this agreement. The Steering Committee shall attempt to make decisions by consensus; however, on any matter authorized by this paragraph and put to a vote, such matter shall be decided by a majority vote of the Steering Committee Members present at the time of the vote. Each Participant who is a Member of the Steering Committee shall have one vote, regardless of whether the Participant has more than one representative serving on the Steering Committee. 2.3 Notice of Steering Committee Meetings. Whenever feasible, written notice of the time, place, and purpose of any meeting of the Steering Committee shall be given to Participants at least twenty -four (24) hours in advance of the meeting. All Steering Committee 40 meetings shall be open to all Participants, even if the Participant is not a Member of the Steering Committee. 2.4 Other Committees. A Technical Committee, an Allocation Committee, and a Litigation Committee may be added at a later date, without amendment to this agreement, if determined necessary by the Steering Committee. Membership on these Committees shall be open at any time to any Participant who expresses a willingness to make one or more representatives reasonably available to participate actively in Committee functions. All Committee members shall serve as volunteers without compensation from the Group. The duties and authorities of these Committees, if formed, shall be defined by the Steering Committee subject to approval by a majority of Participants. 1527491.02 3 0 r?%R1 i 3. PAYMENTS 3.1 Shared Costs. Those activities authorized by the Group to be undertaken on behalf of the Group shall be funded by the Participants as Shared Costs. 3.2 Initial Interim Payment. Each Participant agrees to pay, as interim funding for Shared Costs authorized by this agreement, an amount equal to the Participant's alleged percentage of the total gallons that the MPCA alleges all the Participants in the Group contributed to the Site, multiplied by $50,000, except that the minimum initial interim payment for participation in the Group shall be $500. The number of gallons used to calculate the amount attributable to each Participant for purposes of allocating this initial payment shall be the amount set forth on the MPCA's Draft Warden Oil Site Potential Responsible Party Totals Table (attached as Exhibit 1), except for NSP, which is not listed on the Table. For NSP, 100,000 gallons, the minimum number of gallons the MPCA alleges NSP contributed to the Site, shall be used. The initial payment shall be made within 30 days after notice from the Steering Committee of the amount owing and the initial payment shall be non - refundable. The Steering Committee is authorized to impose penalties or terminate a Participant's participation for failure to make timely payment. The initial interim payment shall be paid by check and made payable to "Leonard, Street and Deinard Trust Account." The check shall reference the "Warden Oil Site" and be sent to: Byron E. Stares, Esq. Leonard, Street and Deinard Minnesota World Trade Center, Suite 2200 30 East Seventh Street St. Paul, MN 55101 1527491.02 4 81-(0 3.3 Tate Participation. Any party that becomes a Participant by execution of this agreement later than shall be obligated to pay a penalty of $500 in addition to the initial interim payment specified in paragraph 3.2. This penalty may be waived by the Steering Committee for good cause shown. The payment shall be made in the manner specified in paragraph 3.2 of this Agreement. 3.4 Additional Interim Payments. After the initial payment, additional payments shall be required only if authorized by amendment to this agreement. 3.5 Trust Account. All monies paid by Participants pursuant to this agreement shall be used solely for the purposes of this agreement and shall be placed in Leonard, Street and Deinard's IOLTA trust account or a non - interest bearing trust account. The Steering Committee must approve expenditures from the trust account and appoint a Treasurer. 3.6 Accounting for Funds. Upon termination of this agreement, a final accounting will be made. Any monies remaining in the trust account established under paragraph 3.5 in excess of all costs incurred pursuant to this agreement will be refunded in proportion to each Participant's total contribution at the time of the final accounting. 3.7 Final Allocation Credit. If any or all Participants to this Agreement reach a settlement as to final allocation, each Participant to the settlement shall be credited for all payments made under this agreement, except penalties, against that Participant's final allocation share. 4.0 TERM OF THE GROUP 4.1 Group Determination of Term. This Group shall be in existence until a • majority of Participants deem it no longer necessary or worthwhile. 1527491.02 5 • 4.2 Vote In General. If the Steering Committee concludes that the Group is no longer necessary or worthwhile, it will conduct a vote at a Group Meeting of all Participants to determine whether the Group should continue to exist under the terms of this agreement. 4.3 Vote After Consultant Work. In any event, there shall be a vote at a Group Meeting on whether the Group should continue to exist and conduct additional work after the consultant retained by the Group has presented its estimate of the range of approximate costs of remediation of the Site to different cleanup levels. 4.4 Vote by Proxy. A Participant unable to attend a Group meeting conducted under this section may assign, in writing, its vote to another Participant. 5.0 WITHDRAWAL AND REMOVAL • 5.1 Right of Withdrawal. Any Participant may withdraw from participation in this agreement upon written notice to the Steering Committee. The withdrawing party shall receive no refund of any payment(s) already made under this agreement. 5.2 Removal of a Participant. If a Participant's interests or actions are in conflict with the purpose of this agreement, the Participant may be removed by a vote of two - thirds (2 /3rds) of the Participants. Any Participant in default of making any payment due pursuant to this agreement may be removed by the Steering Committee. A removed parry shall receive no refund of any payment(s) made under this agreement. 6.0 RELEASE AND INDEMNIFICATION 6.1 Release. No Participant with representative(s) serving on any Committee and no individual member of any Committee shall be liable to any Participant for any claim, 1527491.02 6 • liability, demand, expense, legal fee or loss incurred or resulting from any good faith acts or omissions by any member of any Committee under this agreement. 6.2 Indemnification. Each Participant agrees that the Group shall indemnify, defend, and hold harmless any Participant with representative(s) serving on any Committee and the individual Committee members from and against any claim, liability, demand, expense, legal fee or loss which in any way relates to the Committee members' good faith performance, in the absence of a final adjudication of negligence or other unlawful conduct, of activities under this agreement. To the extent the assets available to the Group are not sufficient to satisfy this defense and indemnity obligation, each Participant shall be jointly but not severally responsible for the obligations of this paragraph. 6.3 Survival. The terms of this section shall survive the termination of this agreement. Withdrawal or removal of a Participant from this agreement, as set forth in Section 5, shall not terminate the Participant's commitment under paragraph 6. 1, which shall continue in full force and effect as if the Participant had not withdrawn or been removed from this agreement. A withdrawn or removed Participant's commitments and obligations under paragraph 6.2 shall continue in full force and effect as if the Participant had not withdrawn or been removed from this agreement, but only as to acts or omissions occurring on or before the date of the Participant's withdrawal or removal. 7. DENIAL OF LIABILITY This agreement shall not constitute, be interpreted, construed or used as evidence of any admission of liability, law or fact, a waiver of any right or defense, or any estoppel against any • Participant by any other Participant or any other person not a Participant. The temporary 1527491.02 7 allocation scheme and payments agreed to by the Participan ts are solely for purposes of facilitating a response to the MPCA's request that a potentially responsible party group be formed and voluntary action taken to remediate the Site, and do not constitute or reflect any final allocation of responsibility. However, nothing in this section is intended or should be construed to limit or bar the enforcement of any provision of this agreement against any party to this agreement. 8. TEMPORARY DELAY OF LITIGATION Each Participant agrees not to commence any litigation pertaining to the Site against any other Participant until the termination of this agreement or until the Participant withdraws or is removed. Each Participant further agrees to toll all statutes of limitations during such time period. This paragraph shall not be construed or interpreted as a release or covenant not to sue. • All Participants reserve all rights, defenses or claims that such Participant may have regarding any person or party. 9. RIGHTS AGAINST THIRD PARTIES Nothing in this agreement shall affect in any way any right, claim, defense, interest or cause of action that any Participant may have with respect to any entity or person that is not a parry to this agreement. 10. CONFIDENTIALITY 10.1 Nondisclosure. No Participant shall disclose or permit to be disclosed any documents or information developed or obtained pursuant to this agreement, whether or not legally privileged or protected, to those who are not signatories to this agreement, except to the 0 extent disclosure is required by law or the documents or information disclosed are matters of 1527491.02 8 �. �w-M'' UKiPs J 01-7/v public record. The Participants agree that all documents and information disclosed or transmitted among them pursuant to this agreement are subject to the joint defense privilege to the extent the document or information is covered by the attorney - client privilege or work product doctrine. Any Participant may share such documents and information with attorneys and experts or consultants engaged by that Participant, or with its insurers with respect to any claims for defense or indemnity, provided the person to whom disclosure is made acknowledges in writing that such material is to be maintained in confidence by such person as if a party hereto. If confidential information pursuant to this agreement becomes a subject of an administrative order, judicial order or discovery request requiring disclosure of such information, the Participant may satisfy its confidentiality obligations hereunder by notifying the Steering Committee and the party that generated the information, thereby giving those parties the opportunity to protect the confidentiality of the information before it is disclosed. 10.2 Survival. The terms of this section shall survive the termination of this agreement. Withdrawal or removal of a Participant from this agreement, as set forth in Section 5, shall not terminate this commitment of confidentiality, which shall continue in full force and effect as if the Participant had not withdrawn or been removed from this agreement. 11. RELATIONSHIP OF MEMBERS No Participant, or representative or counsel for any Participant, has acted as counsel for any other Participant with respect to such other Participant entering into this agreement, except as expressly engaged by such other Participant with respect to this agreement, and each Participant represents that it has sought and obtained any appropriate legal advice it deems 0 necessary prior to entering into this agreement. 1527491.02 9 /7 .-.� et No Participant, or its representative serving on any Committee, shall act or be deemed to act as legal counsel or a representative of any other Participant, unless expressly retained by such other Participant for such purpose, and except for such express retention, no attorney /client relationship is intended to be created between representatives on any Committee, on the one hand, and the Participants, on the other hand. Nothing herein shall be deemed to create a partnership or joint venture and/or principal and agent relationship between or among the Participants. 12. FULL DISCLOSURE REQUIREMENT If and when requested by the Group, each Participant shall make full and fair disclosure of the Participant's quantity and type(s) of waste sent to the Site. It is understood that this obligation is a continuing obligation for as long as the Group is in existence. 13. AMENDMENT 13.1 Amended Process. This agreement may be amended only by a vote of at least two- thirds (2 /3rds) of the Participants at the time of the vote. Such a vote shall only be taken at a Group Meeting called for the purpose of considering such an amendment. A Participant unable to attend such a Group Meeting may assign, in writing, its vote to another Participant. Such an amendment shall become effective immediately. 13.2 Limitations on Amendment. Section 7 cannot be amended, and Sections 6 and 10 cannot be amended to limit the effect of said sections with respect to acts or omissions taken or made prior to the amendment. 1527441.02 10 • 14. EFFECTIVE DATE AND METHOD OF EXECUTION The effective date of this agreement shall be the date specified on page one of this agreement. Executed signature pages shall be faxed, with an original signature page to be mailed on the date of signing, to: Byron E. Starns, Esq. Leonard, Street and Deinard Minnesota World Trade Center, Suite 2270 30 East Seventh Street St. Paul, MN 55101 This agreement shall be executed in multiple counterparts, any one of which shall be deemed an original but all of which shall constitute one and the same instrument. 15. SEPARABILITY If any provision of this agreement is deemed invalid or unenforceable, the balance of this agreement shall remain in full force and effect. 16. LAW This agreement shall be interpreted under the laws of the State of Minnesota. 17. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the Participants. No assignment or delegation of the obligation to make any payment or reimbursement hereunder will release the assigning Participant without the prior unanimous written consent of the other Participants. 1527441.02 11 71-1 em %mpg IN WITNESS WHEREOF, the Participants hereto enter into this WARDEN OIL SITE INTERIM FUNDING AGREEMENT. Each person signing this agreement represents and warrants that he or she is duly authorized to enter into this agreement and bind the company or entity on whose behalf that person is signing. Name of Participant: Address: Dated: By: Signature of Participant's Representative Name of Participants Representative Title of Participant's Representative Designated Representative for Receipt of Notice: Name: Address: Telephone Number: Facsimile Number: E -Mail Address: 1527491.02 12 • r F" Our representative(s), fax number , (Name of Individual(s)) wishes to serve on the Steering Committee. 13 1527491.02 0 • • tArtibi i I ,q-1 /.6- DRAFT .(_ - - - - - -- percent as total (Warden Oil Site Potential Responsible Party Totals gallons of gallons _ identified 1 ;Soo Milwaukee RR _ 901325 15.382135544 2 (Milo Edel 742236; 12.867100943 3 'John NXhien _ 1 4715151 8.046939385 4 1 Larry Schaff_ 1 3005001 5.128374039 5 {Albrecht Oil _ 1 2861541 4.883543244 _ 'Northwest Airlines 2317971 3.955879258 7 IMetro Waste Control and MTC 208045 3.550524383 8 Bert's i 2012_28 3.434184530 9 _ Honeywell I 140280 2.394037638 10 Rollins Oil Co. Inc.. County Rd. C, Roseville 74500 _ . 1.271427174 11 T.C.R. Corp. Cor . 66425 1.133618122 12 _.C.R. MN Rubber 592751 1.011595245 13 C.S. McCrossan 49950 0.852453522 14 Gopher Oil Co. 49589 0.846292648 15 City of Fridley 48350 0.825147703 16 Brookdale Pontiac 46675 0.796561924 17 T.J.'s Waste Oil Services, Beaver Creek 44300 0.756029850 18 Product Design & Eng. _ 436751 0.745363515 19 _ Super Value 43040 0.734525518 20 lChicago NW RR 38430 , 0.655851628 21 IZiegler 38225 0.852353070 22 1Smith Bros. _ _ 37125 0.633580320 23 'Waste Oil Services 31200. 0.532463481 _ 24 _ jPlastic Inc. _ 29625 0.505584296 25 Humboldt Service Unocal 76 Roy's_Union 76 28325 0.483398318 26 1Gateway Foods 28100 0.479558438 27 (Duke's _ Amoco 27710 0.472902644 28__13M Center 275501 0.470172062 29 Stan Koch & Son's 1 273501 0.466758835 30 IPaul Williams Tire _ 1 251501 0.429213335 0.423837502 31 Graco lnc. 24835, _ 32 (Doty & Son's _ 1 33 ;Courier Dispatch _ _ 1 34 Minnegasco 1 35 People's Plus/Kunz Oil Co. gas station in Richfield 233251 ^ - 0.398067635 23150 231101 _0.395081062 0.394398416 21425 0.365641976 36 N.W. Swissmatic 20550 0.350709107 37 Hiawatha Rubber 18300 0.312310299 38 Maplewood Toyota _ 17750 0.302923924 39 Arlen Lindquist 40 City of Richfield _ _ 41 1Doc's Auto _ _ 42 (Griggs Construction - 1 43 Summit Gear _ 44 1 McGill & Jensen _ 45 1 Pump & Meter of Hopkins _. _ 46 City of PApls. I - 171751 0.293110896 16955, 0.289356346 16450 0.280737947 160551 0.273996623 15700' 0.267938344 146501 0.250018901 0.229112883 134251 13410'; 0.228856891 j 4643914 79.253670542 Other amounts not attributable to a PRPi 2580 _ Total Amount Identified; 6225741 PRPs 1 -43 & 45 as pprcentageof total amount identified 74.592149 y CITY OF RICHFIELD, MINNESOTA Council Letter No. 151 21-� Agenda June 23, 1997 Issue Statement: Award of bid to Crystaplex for the installation of dasher system and the manufacture and supply of dasher materials, spectator shielding and mounting supports at the Richfield Ice Arena. Background: The Richfield Ice Arena opened in 1971. The dasherboard system is deteriorating, the spectator shielding is scratched and unclear, and the mounting supports are unstable in many areas. The framing for the dasherboards is wood. The backing to the polyethylene facing is plywood. the plywood is deteriorating, thus causing the dasher facing to become less secured and lay flat. The framing in the players /penalty box area is loosening from the floor mounts, the players /penalty box doors are no longer flush with the rink facing and do not close properly. The spectator shielding is plexiglass, some are original pieces, and many are so scratched, discolored and faded that it doesn't provide a clear view of the rink. The mounting supports • for the shielding are less stable. The renovation would remove all the wood backing, caprail and backer panels. Most of the wood framing is in good condition. The framing that is deteriorating would be replaced. Then, rather than use plywood backing and 1/4" polyethylene facing, a 1/2" white polyethylene facing would be installed directly to the framing. The wood caprail would be replaced with 1" solid polyethylene, and the backer panels to hide the wood framing on the spectator side would be polyethylene rather than plywood. The players /penalty box area would be an entirely new system with steel framing. The spectator shielding would be tempered glass. The glass is more durable than plexiglass, requires less maintenance to clean, doesn't scratch and will remain clear indefinitely. The existing mounting supports are not adequate to support tempered glass and would need to be replaced. Also, the shielding on the sides of the rink would be 1 foot higher than existing shielding so that patrons heads would be below the glass and protected from being hit by a puck while walking around the rink. The completed renovation will reduce maintenance, improve safety and spectators view of the events. • Three bids were submitted. They are as follows: Crystaplex Base: $53,500.00 Ontario, Canada Add: 650.00 Total: $54,150.00 —� Rink Systems Base: $57,275.00 Albert Lea, MN Add: 1,825.00 Total: $59,100.00 Becker Arena Products Base: $64,215.00 Prior Lake, MN Add: 850.00 Total $65,065.00 Recommended Motion: Approve the bid from Crystaplex to install the dasher system in the players /penalty box; manufacture and supply the dasher materials, spectator shielding and mounting supports; and modify the Zamboni gates for $54,150.00 Basis of Recommendation: 1. The existing dasher system is deteriorating, doors do not close properly and spectator shielding is unattractive. 2. The new system will reduce maintenance and will make the facility more attractive. 3. There will be less risk of injury to players and spectators. 4. Crystaplex was the lowest quote submitted. 5. Crystaplex has been installing and providing materials to ice arenas for many years 6. The renovation project was originally scheduled for 1994, but delayed because of arena roof installation and lockerroom expansion. Funds are in the CIB for the dasherboard project. Alternative Recommendation: 1. The City Council could award the bid to another company. 2. The City Council could elect to delay the project. However, the project must be done in August- September. 3. The City Council could elect not to replace the dasher system. Discussion /Decision Mode: This item is scheduled for the consent calendar for the City Council meeting of June 23, 1997. Action is requested at this time to assure that materials can be supplied and installed by re- opening of arena on September 15, 1997. Respe submitted, Jams Prosser City anager JDP:ds r: • • CITY OF RICHFIELD, MINNESOTA Bid Opening June 11, 1997 11:00 a.m. Ice Arena Dasher Boards and Spectator Shielding 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 Ice Arena dasher boards and spectator shielding, as advertised in the official newspaper on May 28, 1997. Present: Thomas Ferber, City Clerk Steven Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative Nancy Stroth, Deputy Clerk The following bids were submitted and read aloud: Bidder's Name /City Bid Alternate #1 Alternate #2 Total Security (deduct) (add) Bid Amount Crystalpax 5% - 500.00 650.00 $ 53,500.00 Eden Prairie, MN Bid Bond Becker Arena Products, Inc. 5% - 5,332.00 850.00 $ 64,215.00 Prior Lake, MN Bid Bond Rink Systems, Inc. 5% - 1,000.00 1,825.00 $ 57,275.00 Albert Lea, MN Bid Bond The City Clerk announced that the bids would be tabulated and considered at the June 23, 1997 City Council Meeting. Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 150 Agenda June 23, 1997 Issue Statement: Proposed 1998 alley maintenance special assessment project, proposed to be City Project No. 943. Background: The alley policy adopted by the City Council in 1980 provides that "all costs involved in maintaining'an alley will be assessed against the property abutting the alley." In 1981, the maintenance functions to unpaved alleys covered sweeping, cleaning of potholes and cold patching. In 1982 and years since, the maintenance functions covered by this assessment included not only repair work to unpaved alleys, but also an assessment to all alleys, paved or unpaved, for snowplowing services. A concrete joint sealing maintenance program for paved alleys was initiated in the 1989 alley maintenance program. In 1994, staff obtained estimates for the joint sealing in paved alleys. Due to the small quantity of work, the prices quoted were exorbitant. In previous years, this work had been included with the larger concrete street repair program, and prices were • reasonable; but that program was reduced by budget cuts to the point where there is no longer the volume of work to produce good prices. In order to obtain reasonable prices for this work, staff needed to double the quantities. No work for joint sealing was performed in 1994. A large project was awarded in 1995, no work was performed in 1996, and a large project is again scheduled for 1997. To bank monies for this type of biannual bidding, staff needed to assess a constant $20,000 each year for alley maintenance. Council approved this program at their July 10, 1995 meeting. A history of exact costs for alley maintenance services from 1995 -1996, and estimated costs for 1997 -1998 are below: 1995 $30,420.36 1996 $12,568.00 1997 $30,000 1998 $10,000 The $20,000 amount assessed for alley maintenance is approximately $10.75 for a 50- foot lot. $7.75 /per lot is the estimate for sweeping and a normal winter of snowplowing. The additional $3 per lot, which is contracted on a biannual basis, is an estimate of costs to continue a concrete joint sealing maintenance program on paved alleys as a part of routine maintenance. U 6-�' -I Estimates of additional costs on unpaved alleys each year have been about $23 per lot. Costs have varied depending on the amount of patching required. Recommended Motion: Adopt the attached resolution which proposed to specially assess $20,000 for 1998 services for alley maintenance and sets the public hearing on this proposed special assessment project for August 25, 1997. Basis of Recommendation: 1. Previously adopted policy mandates the assessments. 2. The project is feasible. .Alternative Recommendation: Council may choose to continue assessing only actual costs each year. However, the biannual crack repair policy would cause the assessment to fluctuate considerably, and residents complain when even minor changes occur in the assessment amounts, due to more or less snow plowing costs. Discussion /Decision Mode: Council may choose to delay adoption of this resolution until the next meeting; however, any further delay would cause scheduling problems with legal notices required by Minnesota State Statute. Respectf Ily submitted, JaJsProsser City ger JDP:ds Attachment Ol 0 . ' RESOLUTION NO.. RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED FOR ALLEY MAINTENANCE IN THE CITY OF RICHFIELD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998, PROPOSED CITY PROJECT NO. 943. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That area which includes the property which abuts improved alleys in Richfield (the "District ") is hereby established as a special assessment district for the purpose of assessing for current services provided by the City; 2. That the following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against the benefited property within the District: the maintenance and snowplowing of alleys; 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the District. It is proposed that special assessments on property be made on the basis of prorated share of assessable abutting footage as defined in the alley improvement policy, Resolution No. 6345; 4. That the City Clerk is authorized and directed to publish notice of a public hearing by this Council at which time the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once and at least two weeks prior to the date of hearing. Such hearing shall be held on Monday, August 25, 1997, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period from January 1, 1998 through December 21, 1998. The estimated cost of providing all of the aforementioned current services during that period, using day labor, is $20,000. 6. That the project is feasible. Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of June, 1997. Martin J. Kirsch, Mayor i ATTEST: Thomas P. Ferber, City Clerk ion CITY OF RICHFIELD, MINNESOTA Council Letter No. 149 Agenda June 23, 1997 Issue Statement: Resolution relating to 1998 maintenance assessments, LHN (Lyndale /HUB /Nicollet) redevelopment area, proposed to be City Project No. 942. Background: On January 26, 1981, the City Council adopted Resolution No. 6372, which established a service in the LHN area (approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue) which would be specially assessed. The special assessment to commercial property would be made on the basis of area, with each square foot of assessable commercial property within the district being assessed an equal amount. All single family, two family and multiple family residential property within this area were eliminated from the special assessment levy. In 1982, agreements were reached with owners in the LHN area related to maintenance of property. For the most part, each owner was to be responsible for property to the curb while the City is responsible for common areas such as street islands. Although the City does perform some maintenance work for individual property owners, these • costs are directly assessed to the appropriate owner and maintenance of common areas continues to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscaping, including tree trimming; 2. Sidewalk sweeping in summer; 3. Snow removal in winter; 4. Sidewalk deicing; 5. Painting and repair of wood furniture; 6. Trash removal; 7. General maintenance, including repairs and replacement; 8. Irrigation maintenance. These items are extra services provided directly to the LHN Redevelopment Area and do not include services provided to the entire City. For example, all City streets are swept twice a year, and for this service there would be no charge to the LHN maintenance assessment. However, any additional street sweeping in the LHN area would be an assessable item. Estimated and actual costs for LHN maintenance services 1995 -1998 are: Year Estimated Actual 1995 $45,516 $36,105.50 1996 $46,080 $48,118.39 1997 $47,730 1998 $49,165 Recommended Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the LHN project area for the period of January 1, 1998 through December 31, 1998, and to set the public hearing date for August 25, 1997. Basis of Recommendation: 1. Resolution No. 6372, adopted in 1981, established policy for assessing the costs. 2. This policy allows staff to continue to provide excellent service to the LHN Redevelopment Area. Alternative Recommendation: Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however staff believes the redevelopment area would suffer if limited maintenance was performed. Discussion /Decision Mode: Continued maintenance service for this commercial area is recommended by staff in order to sustain the current standards for landscaping and maintenance which have been successful over the past years. • RespeAtfully submitted, Jam D. Prosser City Manager JDP:ds Attachment • • RESOLUTION NO. UF RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE LYNDALE /HUB /NICOLLET (LHN) PROJECT AREA FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998, PROPOSED CITY PROJECT NO 942. BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are conterminous with the Lyndale /HUB /Nicollet Redevelopment Project Area, for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the district, with the costs of such services to be specially assessed against benefited property within the district: Snow, ice or rubbish removal; Weed elimination; Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; Installation or repair of water service lines; Street sprinkling or other dust treatment of streets; Trimming and care of trees and the removal of unsound trees; Repair of sidewalks, crosswalks, and other pedestrian walkways; Operation of the street lighting system; Maintenance of landscaped areas and other public amenities on or adjacent to street right -of -way; Maintenance of Civic Plaza; Snow removal and other maintenance of streets; Painting and repair of wood furniture; General maintenance, including repairs and replacement. 3. The area proposed to be specially assessed for such current services consists of every assessable lot and parcel of land within the district. It is proposed that special assessments on commercial property be made on the basis of the area with each square foot of assessable commercial property within the district being assessed an equal amount for maintenance of common are. Exempt from the special assessment levy shall be all single family, two- family, multiple family residential property within.the LHN redevelopment district. Special maintenance of individual commercial properties shall be assessed directly for costs incurred in performing said maintenance to said property. 4. The City Clerk is authorized and directed to give public notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. The City Clerk shall also give mailed and published notice of such hearing as required by law. Such hearing shall be held on Monday, August 25, 1997, commencing at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the costs of the aforementioned services for the period of January 1, 1998 through December 31, 1998. The estimated cost of providing all of the aforementioned current services during that period is $49,165. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. 0 ATTEST: Thomas P. Ferber, City Clerk F-7 LA Martin J. Kirsch, Mayor • CITY OF RICHFIELD, MINNESOTA Council Letter No. 148 Agenda June 23, 1997 Issue Statement: Resolution relating to 1998 maintenance assessments for the 77th Street redevelopment area, proposed to be City Project No. 941. Background: Resolution No. 7405, adopted in 1988, established a policy for assessing the costs to the special assessment district for a portion of the I nterstate/Lyndale/N icol let (ILN) project area, an approximate two block area near the Hampton Inn. The district included properties east of Lyndale and south of 77th Street, and the properties were assessed for current services required to maintain special landscape features and other public amenities on or adjacent to the right -of -way. On June 12, 1994, the City Council took action to support the continuance of specially assessing a redefined ILN /expanded 77th Street Project Area (from 1 -35W to Portland Avenue) for the period of January 1, 1995 through December 31, 1995. On November 25, 1996, the City Council took action to support the continuance of • specially assessing another redefined expanded (from 1 -35W to Cedar Avenue) 77th Street Project Area for the period of January 1, 1996 through December 31, 1996. For the most part, each owner is to be responsible for property to the curb while the City is responsible for common areas such as street islands, the north boulevard and sound wall. Although the City does do some maintenance work for individual property owners, these costs are directly assessed to the appropriate owner and maintenance of common areas continues to be assessed to the entire district. Current maintenance services for the district would include, but not necessarily be limited to, one or more of the following: 1. Landscape maintenance of common properties including, among other things, tree trimming, mowing, fertilizing and edging. 2. Irrigation maintenance. 3. General maintenance including repair and replacement of lights, signs, curbs and plantings. These items are extra services provided directly to the 77th Street Project Area, and do not include services provided to the entire City. Most of the routine maintenance (mowing, weeding, litter cleanup) has been and will continue to be contracted, leaving city crews to perform repairs on irrigation, lights and signs. Estimated costs for the ILN /77th Street maintenance services from 1995 -1998 were /are: After construction is completed and warrantees are expired, future estimated annual costs are $80,000. Recommended Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the 77th Street Project Area for the period of January 1, 1998 through December 31, 1998, and to set the public hearing date for Monday, August 25, 1997. Basis of Recommendation: 1. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. 2. This policy allows staff to continue to provide service to the 77th Street Project Area. 3. Commercial property owners will be assessed on a per- square -foot basis. However, all single family and multi - family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. Alternative Recommendation: Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however, staff believes the redevelopment area would suffer if limited maintenance was performed. Discussion /Decision Mode: Continued maintenance service for this area is recommended by staff in order to sustain current standards for landscaping and maintenance. Staff is asking for action at this time in order to facilitate meeting state deadlines for publication of legal notices and notification of property owners. Respectfully submitted, Jame 'aF r osser City Manager 0 JDP:cak Year Estimate Actual 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 1998 $74,765 After construction is completed and warrantees are expired, future estimated annual costs are $80,000. Recommended Motion: Adopt the attached resolution proposing to specially assess for the costs of current services provided within the 77th Street Project Area for the period of January 1, 1998 through December 31, 1998, and to set the public hearing date for Monday, August 25, 1997. Basis of Recommendation: 1. Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. 2. This policy allows staff to continue to provide service to the 77th Street Project Area. 3. Commercial property owners will be assessed on a per- square -foot basis. However, all single family and multi - family residential properties, plus the two churches in the area, would be exempt from the special assessment levy. Alternative Recommendation: Council may choose to establish a set rate and limit the maintenance performed to that dollar amount; however, staff believes the redevelopment area would suffer if limited maintenance was performed. Discussion /Decision Mode: Continued maintenance service for this area is recommended by staff in order to sustain current standards for landscaping and maintenance. Staff is asking for action at this time in order to facilitate meeting state deadlines for publication of legal notices and notification of property owners. Respectfully submitted, Jame 'aF r osser City Manager 0 JDP:cak 3C-J- 0 RESOLUTION NO RESOLUTION PROPOSING TO SPECIALLY ASSESS FOR THE COSTS OF CURRENT SERVICES PROVIDED WITHIN THE 77TH STREET PROJECT AREA FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 PROPOSED TO BE CITY PROJECT NO. 941 BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. There is hereby established a special assessment district, the boundaries of which are east of 1 -35W and west of Cedar Avenue is hereby established as a special assessment district for the purposes of assessing for current services provided by the City. 2. The following current services of the City are hereby proposed to be undertaken by the City in the District with the cost of such services to be specially assessed against benefited property within the District; • The trimming and care of trees and shrubs and the removal of any unsound trees from any street; • The repair of sidewalks; • The maintenance of landscaped areas and other public amenities on or adjacent to street rights -of -way; • Trash and litter removal. 3. The area proposed to be specially assessed for such current services consists of each and every commercial lot and parcel of land within the District. It is proposed that the special assessments on the commercial property be made on the basis of area. 4. The City Clerk is hereby authorized and directed to publish notice of a hearing by this Council at which the Council will consider the undertaking of such current services and the levying of special assessments to bear the costs thereof. Such notice shall be published in the official newspaper at least once, at least two weeks prior to the date of hearing. The City Clerk shall also give mailed notice of such hearing as required by law. Such hearing shall be held Monday, August 25, 1997, commencing at 7:00 o'clock p.m. or as soon thereafter as the matter can be reached on the agenda. 5. It is hereby proposed that the project consist of the aforementioned services for the period from January 1, 1998 through December 31, 1998. The estimated cost of providing all of the aforementioned services during that period is $74,765. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CITY OF LICHFIELD, MINNESOTA Council Letter No. 147 Agenda June 23, 1997 Issue Statement: Resolution declaring costs to be assessed for alley maintenance and snowplowing for the period January 1, 1996 to December 31, 1996, and setting a public hearing date for City Project No. 913, 1996 Alley Maintenance. Background: City staff has determined costs to be assessed for alley maintenance, City Project No. 913. Attached are resolutions declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls, and setting the hearing date for the proposed assessment. Property owners on permanently paved concrete alleys are assessed for snowplowing, joint repair, and patching work done on the alley right of way. In 1994, the City Council approved a proposal to assess a constant $20,000 each year for alley maintenance services in order to bank monies for biannual joint sealing. This was performed to provide better contract prices for concrete joint cleaning, and to reduce resident complaints of fluctuating maintenance assessments for alleys. Actual costs for the alley maintenance services from 1995 -1996, and estimated costs for 1997 -1998 are: Year Actual Estimated 1995 $30,420.36 1996 $12,568.00 1997 $30,000.00 1998 $10,000.00 Recommended Motion: Adopt the attached resolution declaring the costs to be assessed and ordering the preparation of the proposed assessment roll; and adopt the attached resolution setting the date of hearing on the proposed assessment for August 25, 1997. Basis of Recommendation: 1. Council ordered this work to be performed. 2. Council approved setting a set $20,000 for alley maintenance at its July 10, 1995 regular meeting. 3. Adoption of the resolutions at this time will allow adequate time for staff to complete necessary legal requirements in order to meet certification deadlines. gp -I Alternative Recommendation: Council may revise the special assessment roll after the public hearing as deemed necessary. Discussion /Decision Mode: Council may choose to delay action on the attached resolutions; however, Minnesota State Statute requires specific notices and public meetings, and scheduling problems may occur beyond a two week delay. Respectf ly submitted, Jams Prosser City nager JDP:ds Attachments • • RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1996 ALLEY MAINTENANCE AND SNOWPLOWING - CITY PROJECT N0. 913. WHEREAS, costs have been determined for the maintenance and snowplowing of the following alleys in the City of Richfield. The expenses incurred or to be incurred for such maintenance and snowplowing for the period of January 1, 1996 through December 31, 1996 amount to $20,000. Number Surroundinq Avenues Surrounding Streets 1001 Xerxes- Washburn 66th -67th 1002 Xerxes- Washburn 67th -68th 1003 Xerxes- Washburn 68th -69th 1004 Xerxes- Washburn 69th -70th 1005 Washburn- Vincent 66th -67th 1006 Washburn- Vincent 67th -68th 1007 Washburn- Vincent 68th -69th 1008 Washburn- Vincent 69th -70th • 1009 1010 Vincent -Upton Vincent -Upton 66th -67th 67th -68th 1011 Vincent -Upton 68th -69th 1012 Vincent -Upton 69th -70th 1013 Upton- Thomas 66th -67th 1014 Upton- Thomas 68th -69th 1015 Upton- Thomas 69th -70th 1016 Thomas- Sheridan 66th -67th 1017 Thomas- Sheridan 67th -68th 1018 Thomas- Sheridan 68th -69th 1019 Thomas - Sheridan 69th -70th 1020 Sheridan - Russell 66th -67th 1021 Sheridan - Russell 67th -68th 1022 Sheridan- Russell 68th -69th 1023 Sheridan- Russell 69th -70th 1024 Russell -Queen 66th -67th 1025 Russell -Queen 67th -68th 1026 Russell -Queen 68th -69th 1027 Russell -Queen 69th -70th 1028 Queen -Penn 66th -67th 1029 Queen -Penn 67th -68th 1030 Queen -Penn 68th -69th • 1031 Queen -Penn 69th -70th 2001 Penn - Oliver 63rd -64th 2002 Oliver - Newton 63rd -64th 2004 Morgan -Logan 63rd -64th SD-3 • 2005 Logan -Knox 63rd -64th 2007 James - Irving 63rd -64th 2008 Irving- Humboldt 63rd -64th 2009 Humboldt- Girard 63rd -64th 2010 Girard- Fremont (35W) 63rd -64th 2011 Girard - Fremont (35W) 64th -65th 2012 Girard - Fremont (35W) 65th -66th 2013 Fremont (35W)- Emerson 64th -65th 2014 Fremont (35W)- Emerson 65th -66th 2015 Dupont- Colfax 63rd- Mildred 2016 Colfax -Bryant 63rd- Mildred 2017 Bryant- Aldrich 63rd- Mildred 2019 Graham- Lyndale 66th -Lake Shore Drive 2020 Aldrich - Lyndale 75th -76th 2021 Aldrich- Lyndale 76th -77th 3002 Lyndale- Garfield 68th -69th 3003 Augsburg - Garfield 70th -71st 3004 Augsburg- Garfield 71 st -72nd 3005 Lynda le-Ga rfield 72nd -73rd 3006 Lynda le- Garfield 73rd -74th • 3007 Garfield- Harriet 71st -72nd 3008 Garfield-Harriet. 72nd -73rd 3009 Garfield- Harriet 73rd -74th 3011 Harriet -Grand 67th -68th 3012 Harriet -Grand 68th -69th 3013 Harriet -Grand 72nd -73rd 3014 Harriet -Grand 73rd -74th 3015 Grand - Pleasant 68th -69th 3016 Grand- Pleasant 72nd -73rd 3018 Wentworth- Blaisdell 67th -68th 3020 Blaisdell- Nicollet 72nd -73rd 3021 Blaisdell- Nicollet 73rd -74th 3022 Blaisdell - Nicollet 74th -75th 3023 Blaisdell- Nicollet 75th -76th 3024 Nicollet -1 st Avenue 68th -69th 3025 Nicollet -1 st Avenue 70th -71 st 3026 Nicollet -1 st Avenue 71 st -72nd 3027 Nicollet -1 st Avenue 72nd -73rd 3028 1 st Avenue - Stevens 71 st -72nd 3029 1 st Avenue - Stevens 72nd -73rd 3030 Stevens -2nd Avenue 71st -72nd 3031 Stevens -2nd Avenue 72nd -73rd i 3032 2nd Avenue -3rd Avenue 66th -67th 3033 2nd Avenue -3rd Avenue 71 st -72nd 3034 2nd Avenue -3rd Avenue 72nd -73rd 3035 3rd Avenue - Clinton 66th -67th • • • gn-4 3036 3rd Avenue - Clinton 73rd -74th 3037 Clinton -4th Avenue 66th -67th 3038 Clinton -4th Avenue 73rd -74th 3039 4th Avenue -5th Avenue 66th -67th 3040 4th Avenue -5th Avenue 73rd -74th 4001 13th Avenue -14th Avenue 65th -66th 4002 14th Avenue -15th Avenue 62nd -63rd 4004 15th Avenue- Bloomington 62nd -63rd 4005 15th Avenue - Bloomington 65th -66th 4006 Bloomington -16th Avenue 65th -66th 4007 Cedar - Longfellow Avenue 63rd -64th 4008 Cedar - Longfellow Avenue 64th -65th 4009 Cedar - Longfellow Avenue 65th -66th 4012 22nd - Standish Avenue 65th -66th 4013 13th -14th Avenue 66th -67th NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the costs to be assessed against benefited property owners is declared to be $20,000. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece of parcel of land affected, without regard to cash valuation as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor • RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 1996 ALLEY MAINTENANCE - CITY PROJECT N0. 913. WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 23, 1997, the City Clerk was directed to prepare assessments of the cost of maintaining the following alleys in the City of Richfield for the period of January 1, 1996 through December 31, 1996. Number Surrounding Avenues Surrounding Streets 1001 Xerxes- Washburn 66th -67th 1002 Xerxes- Washburn 67th -68th 1003 Xerxes- Washburn 68th -69th 1004 Xerxes- Washburn 69th -70th 1005 Washburn- Vincent 66th -67th 1006 Washburn- Vincent 67th -68th 1007 Washburn- Vincent 68th -69th 1008 Washburn- Vincent 69th -70th 1009 Vincent -Upton 66th -67th 1010 1011 Vincent -Upton Vincent -Upton 67th -68th 68th -69th 1012 Vincent -Upton 69th -70th 1013 Upton- Thomas 66th -67th 1014 Upton- Thomas 68th -69th 1015 Upton- Thomas 69th -70th 1016 Thomas - Sheridan 66th -67th 1017 Thomas- Sheridan 67th -68th 1018 Thomas - Sheridan 68th -69th 1019 Thomas - Sheridan 69th -70th 1020 Sheridan- Russell 66th -67th 1021 Sheridan - Russell 67th -68th 1022 Sheridan - Russell 68th -69th 1023 Sheridan - Russell 69th -70th 1024 Russell -Queen 66th -67th 1025 Russell -Queen 67th -68th 1026 Russell -Queen 68th -69th 1027 Russell -Queen 69th -70th 1028 Queen -Penn 66th -67th 1029 Queen -Penn 67th -68th 1030 Queen -Penn 68th -69th 1031 Queen -Penn 69th -70th 2001 Penn- Oliver 63rd -64th 2002 Oliver - Newton 63rd -64th 2004 Morgan -Logan 63rd -64th 2005 Logan -Knox 63rd -64th • O/)-10 2007 James - Irving 63rd -64th 2008 Irving- Humboldt 63rd -64th 2009 Humboldt- Girard 63rd -64th 2010 Girard- Fremont (35W) 63rd -64th 2011 Girard- Fremont (35W) 64th -65th 2012 Girard - Fremont (35W) 65th -66th 2013 Fremont (35W)- Emerson 64th -65th 2014 Fremont (35W)- Emerson 65th -66th 2015 Dupont - Colfax 63rd- Mildred 2016 Colfax -Bryant 63rd- Mildred 2017 Bryant - Aldrich 63rd- Mildred 2019 Graham- Lyndale 66th -Lake Shore Drive 2020 Aldrich- Lyndale 75th -76th 2021 Aldrich - Lyndale 76th -77th 3002 Lyndale- Garfield 68th -69th 3003 Augsburg- Garfield 70th -71 st 3004 Augsburg - Garfield 71 st -72nd 3005 Lyndale - Garfield 72nd -73rd 3006 Lyndale - Garfield 73rd -74th 3007 Garfield- Harriet 71 st -72nd 3008 Garfield- Harriet 72nd -73rd . 3009 Garfield- Harriet 73rd -74th 3011 Harriet -Grand 67th -68th 3012 Harriet -Grand 68th -69th 3013 Harriet -Grand 72nd -73rd 3014 Harriet -Grand 73rd -74th 3015 Grand - Pleasant 68th -69th 3016 Grand - Pleasant 72nd -73rd 3018 Wentworth- Blaisdell 67th -68th 3020 Blaisdell - Nicollet 72nd -73rd 3021 Blaisdell - Nicollet 73rd -74th 3022 Blaisdell - Nicollet 74th -75th 3023 Blaisdell - Nicollet 75th -76th 3024 Nicollet -1st Avenue 68th -69th 3025 Nicollet -1st Avenue 70th -71st 3026 Nicollet -1st Avenue 71st -72nd 3027 Nicollet -1 st Avenue 72nd -73rd 3028 1 st Avenue- Stevens 71 st -72nd 3029 1 st Avenue - Stevens 72nd -73rd 3030 Stevens -2nd Avenue 71st -72nd 3031 Stevens -2nd Avenue 72nd -73rd 3032 2nd Avenue -3rd Avenue 66th -67th 3033 2nd Avenue -3rd Avenue 71st -72nd 3034 2nd Avenue -3rd Avenue 72nd -73rd 3035 3rd Avenue - Clinton 66th -67th 3036 3rd Avenue - Clinton 73rd -74th WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: A hearing shall be held on the 25th day of August 1997, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter may be reached on the agenda, to pass upon such proposed assessment. At such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. He shall state in the notice the total cost of the maintenance, and also cause mailed notice to be given to the owner of each parcel described in the assessment roll, not less than two weeks prior to the hearing. . Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 3037 Clinton -4th Avenue 66th -67th 3038 Clinton -4th Avenue 73rd -74th 3039 4th Avenue -5th Avenue 66th -67th 3040 4th Avenue -5th Avenue 73rd -74th 4001 13th Avenue -14th Avenue 65th -66th 4002 14th Avenue -15th Avenue 62nd -63rd 4004 15th Avenue - Bloomington 62nd -63rd 4005 15th Avenue - Bloomington 65th -66th 4006 Bloomington -16th Avenue 65th -66th 4007 Cedar- Longfellow Avenue 63rd -64th 4008 Cedar- Longfellow Avenue 64th -65th 4009 Cedar- Longfellow Avenue 65th -66th 4012 22nd - Standish Avenue 65th -66th 4013 13th -14th Avenue 66th -67th WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: A hearing shall be held on the 25th day of August 1997, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter may be reached on the agenda, to pass upon such proposed assessment. At such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. He shall state in the notice the total cost of the maintenance, and also cause mailed notice to be given to the owner of each parcel described in the assessment roll, not less than two weeks prior to the hearing. . Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor • CITY'OF RICHFIELD, MINNESOTA Council Letter No. 146 Agenda June 23, 1997 Issue Statement: Preparation of assessment rolls and setting hearing date for City Project No. 912, 1996 LHN (Lyndale /HUB /Nicollet redevelopment area) maintenance. Background: City staff has determined costs to be assessed for the maintenance of the Lyndale /HUB /Nicollet (LHN) redevelopment area, City Project No. 912, the 1996 LHN Maintenance Project. Attached are resolutions declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls, and setting the hearing date for the proposed assessment. Estimated and actual costs for the LHN maintenance services 1995 -1998 were /are: Year Estimated Actual 1995 $45,516 $36,105.50 1996 1997 $46,080 $48,118.39 $47,730 1998 $49,165 Fluctuations in expenditures for maintenance of LHN are caused by a number of factors. Weather determines water usage and irrigation costs; street light knockdowns are never foreseeable and very expensive; and the need to paint street lights and repair concrete varies from year to year. In 1996, expenses were up due to the dry summer and extensive work on the irrigation system. The 1997 and 1998 estimated costs also show an increase due to higher costs for contracted mowing and irrigation repairs mandated by new codes. Recommended Motion: Adopt the resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for LHN Maintenance, and adopt the resolution setting the date of hearing on the proposed assessment for August 25, 1997. Basis of Recommendation: Council ordered the work, and the work is finished. Alternative Recommendation: Council may make any changes to the assessment roll as deemed necessary after the public hearing. Discussion /Decision Mode: In order to meet notification and publication deadlines, staff is requesting approval at this time. Respectfully submitted, Ja D. Prosser Ci anager JDP:ds Attachments C� 3C -0- • RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1996 THROUGH DECEMBER 31, 1996 CITY PROJECT NO. 912 WHEREAS, costs have been determined for the maintenance of the Lyndale /Hub /Nicollet (LHN) Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $48,118.39 for the period of January 1, 1996 through December 31, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The portion of the cost to be assessed against benefited property owners is declared to be $48,118.39. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed • for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk • Martin J. Kirsch, Mayor 2C3 • RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LHN MAINTENANCE JANUARY 1, 1996 THROUGH DECEMBER 31, 1996 CITY PROJECT NO. 912 WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 23, 1997, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the Lyndale /Hub /Nicollet Redevelopment Area which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield, Minnesota for the period of January 1, 1996 through December 31, 1996. WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 25th day of August, 1997, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the • agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. • 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor CITY OF RICHFIELD, MINNESOTA ��✓ • Council Letter No. 145 Agenda June 23, 1997 Issue Statement: Preparation of assessment rolls and setting hearing date for City Project No. 911, 1996 77th Street redevelopment area maintenance. Background: City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area, City Project No. 911, the 1996 77th Street Maintenance Project. Attached are resolutions declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls, and setting the hearing date for the proposed assessment. Estimated and actual costs for the 77th Street maintenance services 1995 -1998 were /are: Year Estimate Actual 1995 $18,000 $10,569.06 1996 $33,795 $36,850.31 1997 $58,973 1998 $74,765 The increasing costs reflect the progress made in constructing 77th Street and the expiration of the contractor warranties on the work. After construction is completed and warrantees are • expired, future annual estimated costs are $80,000. Recommended Motion: Adopt the resolution declaring costs to be assessed and ordering preparation of the proposed assessment roll for 77th Street Maintenance, and adopt the resolution setting the date of hearing on the proposed assessment for August 25, 1997. Basis of Recommendation: Council ordered the work, and the work is done. Alternative Recommendation: Council may make any changes to the assessment roll as deemed necessary after the public hearing. Discussion /Decision Mode: ' In order to meet notification and publication deadlines, staff is requesting approval at this time. Respectfully submitted, Jame . Prosser City Manager JDP:ds r, • RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1996 THROUGH DECEMBER 31, 1996 CITY PROJECT NO. 911 WHEREAS, costs have been determined for the maintenance of the 77th Street Redevelopment Area the boundaries of which are approximately east of 1 -35W and west of Portland Avenue in the City of Richfield and the expenses incurred or to be incurred for such maintenance amount to $36,850.31 for the period of January 1, 1996 through December 31, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: The portion of the cost to be assessed against benefited property owners is declared to be $36,850.31. 1. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such maintenance against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in his office for public inspection. 2. The City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. Martin J. Kirsch, Mayor ATTEST: 40 Thomas P. Ferber, City Clerk • RESOLUTION NO. 10 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 77TH STREET MAINTENANCE JANUARY 1, 1996 THROUGH DECEMBER 31, 1996 CITY PROJECT NO. 911 WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 23, 1997, the City Clerk was directed to prepare a proposed assessment of the cost of maintaining the 77th Street redevelopment area, the boundaries of which are east of 1 -35W and west of Portland Avenue in the City of Richfield, Minnesota for the period of January 1, 1996 through December 31, 1996. WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. A hearing shall be held on the 25th day of August, 1997, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda to pass upon such proposed assessment and at such time and place all persons owning property affected by said maintenance assessment will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the maintenance. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less that two weeks prior to the hearing. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 144 Agenda June 23, 1997 Issue Statement: Approval of resolution declaring costs to be assessed for removal of diseased trees from private property for the period January 1, 1996 through December 31, 1996, and approval of a resolution setting date of hearing. Background: The costs to be assessed for the removal of Dutch Elm diseased trees on private property for the period January 1, 1996 through December 31, 1996 have been determined to be $25,020.70. The property owner of a diseased tree has four options available: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal within 30 days, or 4. Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. In the period from January 1, 1996 through December 21, 1996, 25 property owners chose the fourth option. One property owner originally agreed to the third option for two houses, but has not yet paid for the removal costs. This property owner will be sent a registered letter regarding the impending assessment to the properties. The Metropolitan Airports Commission is responsible for the unpaid costs. The property owner may prepay the special assessment, but if it is certified on or before October 10, 1997, for the 1998 taxes, the interest rate is eight percent with payment spread over three years. Recommended Motion: Adopt the attached resolution declaring costs to be assessed and ordering the preparation of the proposed assessment roll, and adopt the resolution setting the date of hearing on the proposed assessment for August 25, 1997. Basis of Recommendation: 1. Except for the two property owners noted, the work has been done with prior approval from the affected residents. 2. Minnesota State Statute requires the County to be notified of all special assessments. Alternative Recommendation: Council may revise the special assessment roll as deemed necessary following the public hearing. Discussion /Decision Mode: All work was performed with prior approval from home owners. Staff is requesting adoption of the attached resolutions at this time in order to meet certification deadlines. Res pec Ily submitted, Jam Prosser City anager JDP:cak • 0 F , RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1996 TO DECEMBER 31, 1996. WHEREAS, costs have been determined for the removal of diseased trees from the following private properties in the City of Richfield and the expenses incurred or to be incurred for such work during the period of January 1, 1996 through December 31, 1996 amount to $25,020.70. Propeft Address Property Identification Number 7317 Fifth Avenue 34- 02824 -14 -0033 6617 Thomas Avenue 29- 02824 -41 -0068 7234 Bryant Avenue 33- 02824 -14 -0103 1920 West 76th Street 33- 02824 -32 -0060 7227 Upton Avenue 32- 02024 -13 -0014 6804 -13th Avenue 26- 02824 -43 -0024 6732 -14th Avenue 26- 02824 -42 -0093 7044 Queen Avenue 33- 02824 -22 -0060 6920 Thomas Avenue 29- 02824 -43 -0171 7412 Emerson Avenue 33- 02824 -42 -0025 6428 -15th Avenue 26- 02824 -13 -0058 7533 Third Avenue 34- 02824 -41 -0131 6815 Elliot Avenue 26- 02824 -34 -0078 6330 Blaisdell Avenue 27- 02824 -21 -0077 6624 -12th Avenue 26- 02824 -31 -0005 7400 Pillsbury Avenue 34- 02824 -31 -0049 1620 East 66th Street 26- 02824 -14 -0122 2824 West 74th Street 32- 02824 -13 -0062 7100 Irving Avenue 33- 02824 -21 -0011 6732 Upton Avenue 29- 02824 -42 -0131 7108 Irving Avenue 33- 02824 -21 -0012 2405 West 66th Street 29- 02824 -41 -0014 7332 Lyndale Avenue 33- 02824 -14 -0004 7121 Clinton Avenue 34- 02824 -11 -0049 6905 Portland Avenue 26- 02824 -33 -0065 6304 West Pleasant 27- 02824 -21 -0095 6317 -20th Avenue 25- 02824 -22 -0043 6805 Longfellow Avenue 25- 02824 -33 -0052 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: • g - d- 1. The total cost to be assessed against benefited property owners is declared to be $25,020.70. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the City Council of the City of Richfield this 23rd day of June, 1997. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 0 -3. • RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD JANUARY 1, 1996 TO DECEMBER 31, 1996. WHEREAS, by a resolution passed by the City Council of the City of Richfield on June 23, 1997, the City Clerk was directed to prepare the assessment of the cost of removing diseased trees from the following private properties in the City of Richfield for the period January 1, 1996 through December 31, 1996. Property Address Property Identification Number 7317 Fifth Avenue 34- 02824 -14 -0033 6617 Thomas Avenue 29- 02824 -41 -0068 7234 Bryant Avenue 33- 02824 -14 -0103 1920 West 76th Street 33- 02824 -32 -0060 7227 Upton Avenue 32- 02024 -13 -0014 6804 -13th Avenue 26- 02824 -43 -0024 6732 -14th Avenue 26- 02824 -42 -0093 7044 Queen Avenue 33- 02824 -22 -0060 6920 Thomas Avenue 29- 02824 -43 -0171 • 7412 Emerson Avenue 33- 02824 -42 -0025 6428 -15th Avenue 26- 02824 -13 -0058 7533 Third Avenue 34- 02824 -41 -0131 6815 Elliot Avenue 26- 02824 -34 -0078 6330 Blaisdell Avenue 27- 02824 -21 -0077 6624 -12th Avenue 26- 02824 -31 -0005 7400 Pillsbury Avenue 34- 02824 -31 -0049 1620 East 66th Street 26- 02824 -14 -0122 2824 West 74th Street 32- 02824 -13 -0062 7100 Irving Avenue 33- 02824 -21 -0011 6732 Upton Avenue 29- 02824 -42 -0131 7108 Irving Avenue 33- 02824 -21 -0012 2405 West 66th Street 29- 02824 -41 -0014 7332 Lyndale Avenue 33- 02824 -14 -0004 7121 Clinton Avenue 34- 02824 -11 -0049 6905 Portland Avenue 26- 02824 -33 -0065 6304 West Pleasant 27- 02824 -21 -0095 6317 -20th Avenue 25- 02824 -22 -0043 6805 Longfellow Avenue 25- 02824 -33 -0052 WHEREAS, the City Clerk has notified the City Council that such proposed . assessment has been completed and filed in his office for public inspection. BR-q • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: A hearing shall be held on the 25th day of August, 1997 in the City Hall Council Chambers at 7 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased.tree removal assessment will be given an opportunity to be heard in reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing, and he shall state in the notice the total cost of the diseased tree removal. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. By order of the City Council of the City of Richfield, Minnesota this 23rd day of June, 1997. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk S CITY OF RICHFIELD, MINNESOTA Council Letter No. 143 Agenda June 23, 1997 Issue Statement: Proclamation designating July 13 through July 19, 1997 as National Therapeutic Recreation Week in the City of Richfield. Background: The City of Richfield is a member of the National Therapeutic Recreation Association. The Association sponsors a recognition week annually. The adaptive recreation program provided by the City of Richfield has existed since 1972. A four community cooperative known as ARLE (Adaptive Recreation /Learning Exchange) was created in 1988. Providing services for ALL residents is a policy of the City of Richfield. Increased community awareness of Richfield's commitment to adaptive programming and education can be provided through acknowledgment of National Therapeutic Recreation Week. Recommended Motion: Approve an official proclamation by the Mayor designating July 13 through July 19, 1997 as National Therapeutic Recreation Week in the City of Richfield. Basis of Recommendation: 1. Adaptive recreation programs are an integral part of Richfield community. • 2. Richfield is a member of the National Therapeutic Recreation Association. Alternative Recommendation: , 1. Do not participate in National Therapeutic Recreation Week. However, Richfield has an outstanding adaptive recreation program and participation in the Week will increase community awareness and expand the public education of adaptive recreation. 2. Select another time to focus on therapeutic recreation. However, Richfield's participation in the national event will increase the exposure to the programs and education offered in Richfield. Discussion /Decision Mode: This item is scheduled for the June 23, 1997 Council meeting. Acting Recreation Services Director Gretchen Blank will be present to accept the proclamation. Respectf submitted, Ja es . Prosser Cit M ager JDP:cak • ,5- 4 CITY OF RICHFIELD, MINNESOTA Council Letter No. 142 Agenda June 23, 1997 Issue Statement: Proclamation designating July as National Park and Recreation month in Richfield. Background: Parks and recreation is an essential service, one that can positively impact health, crime prevention, the environment, the economy, and the quality of life in Richfield. Recommended Motion: Approve an official proclamation by the Mayor designating July as National Parks and Recreation Month in Richfield. Basis of Recommendation: 1. Investing in the environment, through parks and the provision of open space in residential areas, leads to an increase in neighborhood property values through accessibility to environmentally friendly green spaces and associated recreation opportunities. • 2. Regular physical activity is one of the very best methods of health insurance for individuals. 3. Leisure provides leadership opportunities that build strong communities. 4. Recreating together builds strong families, the foundation of a stronger society. 5. Meaningful leisure services reduce the high cost of vandalism and criminal activity Alternative Recommendation: None. Discussion /Decision Mode: This item is scheduled for the June 23, 1997 Council meeting. Acting Recreation Services Director Gretchen Blank will be present to accept the proclamation. Respectfully submitted, Jais. Prosser Citger JDP:cak CITY OF RICHFIELD, MINNESOTA City Council Letter No. 141 10 Agenda June 23, 1997 Issue Statement: Acceptance of an "Award of Excellence" for the Richfield Rediscovered program. Background: Richfield Rediscovered is considered the best community development program in the eight state region for 1997, according to the North Central Region of the National Association of Housing and Redevelopment Officials ( NAHRO). A summary of the program challenges and accomplishments is provided on the attachment. On May 20, the Richfield HRA and City of Richfield were recognized by the NAHRO with a "Regional Award of Excellence ". National NAHRO has also recognized the program with a national "Award of Merit" to be presented in July 1997. These two awards make the Richfield Rediscovered program eligible to compete for a National "Award of Excellence In October, four community development programs will be given a national "Award of Excellence ", the highest achievement possible in the field of housing and redevelopment through this 9,000 member, professional organization. The Mayor, Council and HRA have all played a role in the success of the program. Key • staff persons responsible for the development and implementation of the program include Bruce. Nordquist, Pam Bookhout, Katia Medvetski and Bruce Palmborg. Recommended Motion: Accept the 1997 Regional Award of Excellence for the Richfield Rediscovered Program. Basis of Recommendation: 1. Richfield has actively pursued redevelopment and new investment in the housing stock. 2. The program is recognized for its innovation, ability to be duplicated in other communities and demonstrating that a community can be active in improving housing markets and community confidence. Alternative Recommendation: None. Discussion /Decision Mode: Bruce Nordquist will present the award to the City Council on behalf of NAHRO. Resp submitted, osse Jame . Prosser City Manager JDP:ds k ICHFIELD REDISCOVERED ichfield Housing and Redevelopment Authority BEST COMMUNITY DEVELOPMENT PROGRA in the 8 State Region by the National Association of Housing and Redevelopment Officials (NAHRO) .\ lk L 1,�-/ � 1997 ' - REGIONAL AWARD OF EXCELLENCE Richfield is a fully developed first ring suburb of the center city of Minneapolis. I The challenges of location and aging population and housing stock also include these community perceptions • Richfield is only a starter community No one is building new homes in Richfield • Don't improve your house to value higher than your neighbors. • No one would buy a new more expensive house in Richfield. The Richfield Housing and Redevelopment Authority created "Richfield Rediscovered" as the catalyst to change perceptions. The program success clearly demonstrates the active role that housing authorities can play in changing housing markets. Since 1991, the accomplishments include: ■ 92 new homes with average property values at completion in excess of $140,000 20 homes remodeled to an average value in excess of $150,000 • An average sale . price of a single family- home in Richfield in 1991 was $82,000. By the end of 1996, the average sale price is $100,400. • 813 homes have been modestly remodeled with investments in excess of 10,000 each. • Remodeling permits are up over 200 percent. • 10 new affordable homes with values at $80,000 to $100,000 have been provided. The 8 State Region of NAHRO includes: Minnesota, Illinois, Indiana, Iowa, Michigan, Nebraska, Ohio, and Wisconsin. North Central Regional Council of NAHRO REGIONAL AWARD FOR EXCELLENCE in COMMUNITY DEVELOPMENT Presented to Richfield, Minnesota Housing and Redevelopment Authority For Changing Housing Markets: Richfield Rediscovered Bloomington, Minnesota Branna K.Lindell May 20, 1997 President ► s Ilil��' �illN NCRC /NAHRO R411 CITY OF RICHFIELD, MINNESOTA Council Letter No. 140 Agenda June 23, 1997 Issue Statement: Presentation of the "Gene and Mary Jacobsen Outstanding Citizen" award to the Richfield High School National Honor Society. Background: The Richfield Human Rights Commission has selected a Citizen of the Year award recipient since 1971. The award has been presented to a person or organization whose actions demonstrated an awareness and commitment to the attitudes and practices that foster human understanding, tolerance and the spirit of human relations. After careful deliberations, the Human Rights Commission has decided to present the Gene and Mary Jacobsen Outstanding Citizen award for the year 1996 to the Richfield High School National Honor Society (NHS). For many years, Richfield High School's National Honor Society has demonstrated service, leadership and goodwill to the City of Richfield and surrounding communities. In October 1996 they hosted a food drive with other schools in the Classic Lake Conference. This resulted in 25,000 pounds of food collected and donated to the Emergency Foodshelf Network. NHS members participate in volunteering at Wood Lake Nature Center, Value Village Thrift Store and Augsburg Park Library. They spend two hours, once a month, helping with maintenance and assisting with various jobs. Their volunteer work helps these non - profit organizations to continue to serve the community and keep their facilities in fine condition. All NHS members participate in and conduct a leadership project that benefits the community in some way. Picking up trash at local parks, delivering home -made cards to patients at the VA hospital, and hosting a carnival for young children are just a few of this year's projects. In addition, NHS members complete at least 50 hours of community service during the year in service such as mission trips, volunteering at a soup kitchen or building a ramp for a disabled individual. Richfield's chapter of the National Honor Society participates in State -wide and national conventions that focus on ways in which the youth can grow stronger as an organization and continue to demonstrate the characteristics of NHS: scholarship, leadership, service and character. • IN 0 Recommended Motion: The City Council, in cooperation with the Human Rights Commission, should present the "Gene and Mary Jacobsen Outstanding Citizen" award to the Richfield High School National Honor Society. Basis of Recommendation: 1. The Human Rights Commission has met to review nominations and has discussed the presentation of this award for 1996. 2. Based upon that discussion, the Richfield High School National Honor Society was selected as the 1996 recipient. 3. The National Honor Society has demonstrated long -term commitment to the community and its activities. They have volunteered for many programs and shown their willingness to do the jobs they are involved in. 4. By giving this award and recognition to these young people, the City of Richfield reinforces upon the recipients the importance of good citizenship and concern for the community. By learning the value of being good citizens while they are young, the members of this organization will most likely carry these characteristics with them for the rest of their lives. Alternative Recommendation: None. Discussion /Decision Mode: The presentation has been placed on the June 23, 1997 City Council agenda. A reception for the members of the Richfield High School National Honor Society will be held in the Public Safety lobby area at 6:30 p.m., prior to the Council meeting. Respec ly submitted, Jam s . Prosser City nager JDP:cak • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 139 Agenda June 23, 1997 Issue Statement: Presentation of Certificates of Appreciation to the 1997 -98 Miss Richfield Ambassador candidates. Background: Each year a young lady is selected as the Miss Richfield Ambassador during the Fourth of July activities. This year, there are seven candidates. The coronation will be held at Richfield High School at 7 p.m. on July 5. Recommended Motion: Present each candidate with a Certificate of Appreciation. Basis of Recommendation: 1. This has been a long- standing tradition. • 2. The candidates will be present to receive the certificates. Alternative Recommendation: None. Discussion /Decision Mode: This item has been placed on the June 23 agenda and the certificates have been prepared. Respectfully submitted, Ja e D. Prosser City anager JDP:ds / -I 0 1997 -98 MISS RICHFIELD AMBASSADOR CANDIDATES JENNIFER GAIL BOESE Sponsor: Richfield Optimist Club Jennifer is a 1997 graduate of Richfield High School. During Jennifer's high school career she has been involved in many activities including 70th Street Singers, Concert Choir, musical productions, day camp volunteering, being a homecoming queen candidate, a Fire & Ice royal escort, and cheerleading where she was the soccer captain and an all -squad tri- captain. She was voted "Most School Spirited" and "Best Captain" her senior year. Her pageant experience includes being Miss Richfield Junior Royalty 1985 -86 and being a candidate for the Miss Minnesota Coed Pageant 1995. Jennifer is currently working as a lifeguard at the Richfield Pool. She plans on attending St. Olaf College this fall and studying abroad during her college career. Her parents are Mark and Sharla Boese. JILL DAUGHERTY Sponsor: Hampton Inn Jill is a 1997 Richfield High School graduate. Jill enjoys biking, playing softball, traveling and going shopping with friends. While in high school she was involved in • activities such as volleyball, choir, intramural broomball and synchronized swimming One of the most important goals she has set for life is to get married, have a family and raise her children like she was raised -- in a Christian home. This fall, Jill plans on either going to Lutheran Bible Institute in Seattle or working full time. Her parents are Wesley and Victoria Daugherty. MELISSA OLSON Sponsor: Richfield Bank & Trust Melissa is a 1997 graduate of Richfield High School. Melissa feels it is important to be involved in many activities while in high school. Activities she chose include diving, gymnastics, cheerleading, Cheer Elite, slow pitch softball, Homecoming /Sadies /Fire & Ice decoration committees, being on the yearbook staff, SADD, peer mediation and tutoring at Sheridan Hills. She was a captain for three out of four of her sports. Melissa also loves to rollerblade and spend time with her family. She is currently working at Old Navy. Melissa believes that she has a very good life, friends and family. She will be attending Normandale Community College in the fall. Her parents are Warren and Kim Olson. AMY MARIE PETERSEN Sponsor: Richfield Chamber of Commerce Amy is a 1997 graduate of Richfield High School. Amy was one of the commencement • speakers at the Richfield graduation. She is a member of the National Honor Society and Presidential Academic Achievers. Some of her high school activities include choir, 70th Street Singers, Jazz Ensemble, spring musical, intramural broomball, Positive Peer Pressure, and volleyball where she was a captain her senior year. During her senior year, she was also a homecoming queen candidate. In her spare time Amy likes to read, write in her journal, work with children, sing and take walks. She currently works at Edina Park Plaza. This fall Amy will be attending the College of St. Benedict to pursue a career in either the medical field or communication. Her parents are Leland and Kathleen Petersen. AMYNDA RILEY Sponsor: B & D convenience Amynda is a 1997 Richfield High School graduate. Amynda enjoys being outdoors. She enjoys running, biking and spending time with friends. During high school Amynda was in track for three years, and has played slow pitch softball for nine years. She feels her parents have taught her so much and influenced her life in such a positive way, she hopes that someday she will have the same qualities as a parent. Amynda's main goal is to be successful at whatever she may choose to do, but most importantly she wants to be happy with the choices she has made. She is currently employed at the Great Big Toy Box. Amynda will be attending the U of M -Twin Cities campus this fall. Her parents are Ken and Joyce Riley. LA NISHA MARIE SYTSMA Sponsor: Richfield Lyndale Dairy Queen LaNisha is a 1997 graduate of Richfield High School. During her high school career, LaNisha was involved in activities such as the unity task force, peer mediation, diversity group, freshman retreat student leader, softball, swimming, intramural broomball and cheerleading where she was a football co- captain. In her spare time she enjoys dancing, playing basketball, shopping, reading, writing and has been published in a Minnesota creative writing book. LaNisha is an employee at Michael's Crafts. She will be attending U of M -Twin Cities campus this fall. She plans to major in Political Science and minor in Spanish. She then plans on attending Law School. Her mother is Debra Sytsma. STACEY WALDRON Sponsor: Leif Larffon Painting Stacey is a 1997 graduate of Richfield High School. In high school Stacey was a Presidential Academic Achiever and was involved in cheerleading (all squad co- captain and competition co- captain her senior year), softball, church track, gymnastics, intramural broomball and student government where she was the treasurer /historian her senior year. Stacey believes family plays a vital role in the shaping of each of our lives and feels very fortunate to have a loving family.. She is attending the U of M -Twin Cities campus this fall. Stacey will be majoring in Pre -Med to become a pediatrician in the future. She wants her career choice to allow her to do the two things she loves the most -- helping others and continue learning. Stacey's parents are Keith and Candice Waldron. 1J3 0 1996 -97 MISS RICHFIELD AMBASSADOR ROYALTY MISS RICHFIELD AMBASSADOR QUEEN JODI FLANERY This year has been a tremendous experience for the 1997 Miss Richfield Ambassador Queen Jodi Flanery. She is thankful for the opportunities representing- the City of Richfield has brought her. As part of her reign Jodi has taken part in many parades and festivals all over the state, as well as in Richfield. Each Ambassador receives an academic scholarship after they have completed their reign. Jodi also received a scholarship to Premier School of Modeling and Self Improvement where she has worked to help prepare herself for the Minneapolis Aquatennial competition in mid July. One of the reasons Jodi decided to run as a candidate was to learn more about the community she grew up in as well as have an opportunity to give something back to the community. As her reign draws to a close, Jodi says, "I would like to thank all of the people of Richfield and those directly involved with the Richfield Fourth of July Hometown Celebration and Miss Richfield Ambassador Program for their support and the opportunity to be an ambassador for such a wonderful community. Without such support my year as a Miss Richfield. Ambassador would not have been possible." Next fall Jodi will be a sophomore at Concordia College in Moorhead where she will be studying secondary education. She hopes to become a social studies teacher and coach a dance team. Her parents are Tim and Cici Flanery. 1997 MISS RICHFIELD AMBASSADOR PRINCESS JAMIE PATTERSON Jamie found representing Richfield as a Miss Richfield Ambassador Princess to be a wonderful experience. One of her favorite parades was the Hopkins Raspberry Festival Parade. "It was nice to hear all of the wonderful things people had to say about our community, Richfield. From my experience as a Richfield Princess I've had the opportunity to see so many wonderful people working so hard to better their communities." This year in addition to her duties as Princess, Jamie has been attending the University of Kansas where she studied Editorial Journalism with a co -major in International Studies. Her parents are James and Landi Patterson. 1997 MISS RICHFIELD AMBASSADOR PRINCESS ALLISON WISTE Allison feels fortunate to have been selected as a Miss Richfield Ambassador Princess. She enjoys reflecting on her favorite memories of the past year. "One of the most memorable events was attending the Special Olympics swimming competition. It was very rewarding to see how proud the athletes were when handed their medals and awards." It has been an exciting year for Allison. She just graduated from Richfield Senior High School last month. Allison looks forward to attending St. Cloud State University this fall where she plans to study biology. For now she is just concentrating on enjoying the completion of her reign as a Richfield Ambassador Princess. Her parents are Mike and Linda Hughes.