11-29-95 agendaCITY OF RICHFIELD, MINNESOTA
WEDNESDAY, NOVEMBER 29, 1995
SPECIAL CITY COUNCIL MEETING
5:30 P.M.
RICHFIELD CITY HALL
6700 PORTLAND AVENUE
COUNCIL CHAMBERS
AGENDA
CALL TO ORDER
1. REVIEW OF RICHFIELD 1996 LEGISLATIVE INITIATIVES AND POLICIES
PACKAGE
COUNCIL LETTER NO. 315
•
ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request.
Requests must be made at least 96 hours in advance to the Administrative
Services Director at 861-9702.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 315
Agenda November 29, 1995
Issue Statement:
Review of the City of Richfield 1996 legislative initiatives and policies package.
Background:
The attached City of Richfield legislative initiatives and polices are based upon Council
policy and direction as previously established. Polices will be presented to the Council
and to our legislative representatives at the November 29 Special City Council meeting.
The legislative initiatives which have been prepared are a condensed version of some
problems facings the City with some proposed solutions. The legislative initiatives have
been previously provided to the legislative representatives so they may review these
issues prior to November 29.
Recommended Motion:
The legislative initiatives and polices will be presented for discussion purposes with
Council Members and Legislators. No formal action is required at this meeting.
Basis of Recommendation:
1. Prior discussions with Council on legislative issues.
2. Recommendations by the League of Minnesota Cities and Association of
Metropolitan Municipalities.
Alternative Recommendation:
1. The Council may choose to revise, delete or add policies at their pleasure.
Discussion/Decision Mode:
This matter will be presented to the Council at the special meeting on November 29,
1995.
Ily submitted,
Ja D. Prosser
Manager
JDP:cak
Copy: State Representative Edwina Garcia
State Representative Mark Mahon
State Senator Jane Ranum
State Senator Phil Riveness
County Commissioner Randy Johnson
Metropolitan Council Representative Neil Peterson
CITY OF RICHFIELD, MINNESOTA
MONDAY, NOVEMBER 27, 1995
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL AND HOUSING AND
REDEVELOPMENT AUTHORITY MEETING WITH PLANNING COMMISSION OF
NOVEMBER 9,1995; (2) REGULAR CITY COUNCIL MEETING OF NOVEMBER 13,
1995; AND (3) CITY COUNCIL AND HOUSING AND REDEVELOPMENT AUTHORITY
MEETING WITH PLANNING COMMISSION OF NOVEMBER 14, 1995
PRESENTATIONS
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT
ON THE AGENDA
2. ACCEPTANCE OF MINNESOTA RECREATION AND PARKS ASSOCIATION
INNOVATIVE PROGRAM AWARD FOR ADAPTIVE RECREATION PROGRAM,
LEISURE DISCOVERIES DAY
COUNCIL LETTER NO. 307
AGENDA APPROVAL
3. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE
CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND
RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER
COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER
is MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT
CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL
I'I AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
CORRESPONDENCE
10. LEGISLATIVE REPORT
COUNCIL CHOICE
11. COUNCIL DISCUSSION ITEMS
12. CLAIMS AND PAYROLLS
13. 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.
it
8
CITY OF RICHFIELD,.: MINNESOTA
City Council Letter No;-1314
Agenda November 27, 1995
Issue Statement:
Consideration of an ordinance amendment to change the City Charter to reflect current
state law with respect to the contract Bid Law.
Background:
For several years the City Charter followed the State Statutes regarding the Contract
Bid Law. During that period of time, both the City Charter and the State Statutes
required that a formal sealed bidding process be used for all municipal contracts in
excess of $15,000.
The statutory sealed bidding threshold has been periodically increased to reflect
inflation. The City Charter has also been changed periodically to match increases in
the state law. However, the Charter provisions pertaining to the sealed bidding
threshold have not been amended since 1983 and have fallen far below the current
statutory threshold for competitive sealed bids. While the Charter still requires sealed
bidding at the $15,000 threshold, the statutory threshold was increased to $25,000 in
the early 1990s.
Deloitte & Touche, the City's auditors, and the City Attorney have recommended that
the sealed bidding threshold in the City Charter be amended to mirror current State
Statute threshold limits for sealed bidding.
The process necessary to amend the City Charter is more complex than affecting a
change in the City's Ordinance Code. In order to amend the Charter, the City Council
must first review a proposed ordinance to amend the Charter, then forward it to the
Charter Commission with a request that they make a recommendation on the matter.
The Charter Commission would then review the proposed ordinance and send it back to
the City Council with their recommendation. The City Council would then give the
ordinance first reading and set a public hearing and second reading of the proposed
ordinance. At the second reading, the proposed ordinance must pass by unanimous
vote of the City Council in order to accomplish the change in the City Charter.
In addition, the Charter also requires that the City Manager may make or let contracts
or sales for under $10,000 and may make contracts and/or sales for in excess of
$10,000 but less than $15,000 provided the City Manager first secures City Council
approval.
Further complicating this issue is Resolution 6847 from December 1983 which states
that all purchases in excess of $5,000 but below $10,000 shall be made only after the
City Manager notifies the City Council on a City Council agenda. In practice, this
becomes another level of approval as a consent calendar item.
H
At the November 6, 1995 City Council Study Session the City Council discussed this
issue and requested that staff prepare the following for a future regular City Council
meeting:
1. A proposed charter amendment which would adopt Minnesota Statutes, Section
471.345, Subd. 3 by reference. This statute provision sets forth the Uniform
Municipal Contracting Law.
2. Prepare a draft resolution stating that all purchases made in excess of $10,000 be
provided to the City Council in a memorandum or report format at the time of
Council meetings.
The Charter amendment and resolution now under review by the City Council respond
to that request.
The affect of the Charter amendment, as proposed, would establish the State Statute
as a basis for making contract purchases and remove the Charter requirement for pre-
approval authority of the City Council for amounts between $10,000 and $15,000.
However, the City Council could establish any pre-approval process or dollar threshold
desired through a resolution relating to purchasing practices.
The draft resolution, included for discussion purposes only, would not reinstate pre-
approval authority, but would instead establish a formal notification process for
purchases between $10,000 and $25,000. No action on the resolution is recommended
until after the Charter amendment issue has been concluded.
Recommended Motion:
Review the attached proposed ordinance regarding competitive bidding amendment of
the City Charter and related resolution, and refer the Charter amendment to the City
Charter Commission for review and request for recommendation.
Basis of Recommendation:
1. The State Statutes were amended a few years ago to increase the threshold for
sealed competitive bidding of contracts from $15,000 to $25,000. Prior to that
increase the City Charter had mirrored the State Statutes with respect to the sealed
bidding threshold.
2. Both the City Attorney and the City's Auditor's, Delloitte & Touche, have
recommended that the City change the current City Charter provision to increase the
competitive sealed bidding threshold from $15,000 to $25,000 to match the statute.
3. Preparing specifications and bidding contracts is a time consuming and costly
process. Contracts under $25,000 would be more efficiently handled through a
process of obtaining competitive quotation as is now the case for City projects under
$15,000.
4Fa
4. For ease of administration and clarity, it is desirable to have a competitive sealed
bidding threshold which is equal to that of the State Statute. To that end, both the
current Charter provision and related resolution should be reviewed.
Alternative Recommendation:
1. The City Council may decide not to further consider this proposed change to the City
Charter.
2. The City Council may decide to consider increasing the sealed bidding threshold to
an amount different than the one suggested in the proposed ordinance.
Discussion/Decision Mode:
Discussion of this item is suggested at the City Council Meeting of November 27. The
process to change the City Charter would require several months to complete. It would
be desirable to implement the new threshold as soon as possible if the City Council
approves such a change.
Respectfully submitted,
0 James Prosser
City Ma ager
JDP:cak
11
??-q
ORDINANCE NO.
AN ORDINANCE RELATING TO CITY GOVERNMENT :
AMENDING CHAPTER 6 OF THE RICHFIELD CITY CHARTER.
THE CITY OF RICHFIELD ORDAINS:
Section 1. Background: findings; authority.
1.01. The City of Richfield (City) is governed by a home rule charter adopted
pursuant to the Constitution of the State of Minnesota and Minnesota Statutes,
Chapter 410 (Act)
1.01. The Charter Commission of the City has proposed the adoption of an
amendment (Amendment) to Chapter 6 of the charter and recommended to the City
Council that the Amendment be adopted by City Council ordinance in the manner
prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment
is set out in Section 2.02.
1.03. A public hearing on the Amendment was held on
199_ by the City Council after two weeks' published notice containing the text of the
Amendment as required by the Act. The notice contained a brief description of the
nature and scope of the Amendment. All persons desiring to be heard with reference
to the Amendment were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the
City and its inhabitants that the Amendment be adopted.
Sec. 2. Adoption: effective date; filing.
2.01. The Amendment as proposed by the Commission is adopted.
2.02. The text of the proposed amendment is as follows :
Chapter 6 of the City Charter is amended in the following
respects
1) by amending Section 6.05 to read :
Section 6.05. Purchase and Contracts.
the last stated ameunt but is net me-re tball- $1 a may be made ep let-
+i, City Managep f+er first eb ?- - *al of the Gity r,,,,,.,eil I£
ef the City Geuneil. Every contract for the sale or purchase of merchandise,
materials or equipment, or the alteration thereof, or for the construction,
alteration, repair or maintenance of real or personal property, where the
amount involved is more than $4000 the dollar amount contained in Minnesota
DJK83191
CR225-5
g-5
Statutes, Section 471.345, Subd. 3. shall be let only by the City Council upon
the recommendation of the City Manager to the lowest responsible bidder3
..._,_...... a,__ .-? ....... ..:. ..1...11 ..t1. ,..,._... a.. 1.__.,..... .,A--+...a I—- ---; .;.
e- f *-:-h- e G on u i a e i 1 a a d p;-3: h- N sb_ Pe dd ne in Pe Pe 4in th- e of-Aeial legal iaewspapep of the City
The Council may, however, reject any and all bids. Subject to the provisions
of the Charter, and other applicable law, the Council may by ordinance or b
resolution adopt further regulations for making of bids and letting of
contracts. All the e_n+„ae±G, shall be let by the r„unel
2) By repealing Section 6.06 thereof in its entirety.
2.03. This ordinance is effective , 199_. If, by
, 199 a petition requesting a referendum on this
ordinance, signed by the number of registered voters of the City required by the
Act, is filed with the City Clerk, this ordinance will not be effective until approved
by 510 of the voters voting on the question of its adoption at a special election called
by the Council for that purpose.
2.04. On the effective date of the Amendment, the City Clerk is authorized
and directed to file copies of the Amendment with the Secretary of State of the State
of Minnesota, the Hennepin County Recorder, and the City Clerk's office together
with the certificate required by Section 410.11 of the Act.
Mayor
0
ATTEST:
Clerk
DJK83191
CR225-5
8-?0
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO RICHFIELD CITY CHARTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Richfield,
Minnesota will conduct a public hearing on
199
at P.M., or as soon thereafter as the matter can be heard, in the Council
Chambers in City Hall, 6700 Portland Avenue South, in the City, to consider oral and
written testimony concerning a proposed amendment to Chapter 6 of the Home Rule
Charter of the City. In general terms, the proposed amendment provides that
competitive bids must be taken for contracts exceeding an amount provided for in
state law which is currently $25,000. The amendment also eliminates duplicate
language by repeating charger section 6.06.
It is recommended by the Charter Commission that the amendment be adopted
by ordinance of the City Council in the manner prescribed by Minnesota Statutes,
Section 410.12, Subdivision 7. Under that procedure, designed to facilitate routine
charter amendments, the City Council must, if the Council approves the amendment,
adopt the amendment by ordinance after the public hearing by a unanimous vote of
all of its members. The adopting ordinance is effective 90 days after its passage and
publication, but if within 60 days thereof a petition signed by a number of registered
voters equal to two percent of the votes cast in the City at the last state general
election, or 2,000 registered voters, whichever is less, is filed with the City Clerk,
the ordinance is not effective until approved by 510 of votes cast on the amendment
at the regular municipal election or a special election called for that purpose.
The proposed amendment would amend Chapter 6 of the Charter by amending:
Section 6.05 to read :
Section 6.05. Purchase and Contracts. The City Maaa ei- m make
I e t eon*-: P aets €e3' the pa -P e ti, ^,^ of supplies, ate als equipffientr-ep
7 ? r G
vrpe-psenal ppepcrcy,vr €ei° the pupehase-ef pe-psenal se yiee8 when the
the !art stated ameunt b;bit is net me3?e than $15,000, same may be made 9:p let
N app-peval
of the City Geuneil; Every contract for the sale or purchase of merchandise,
materials or equipment, or the alteration thereof, or for the construction,
alteration, repair or maintenance of real or personal property, where the
amount involved is more than $15, 000 the dollar amount contained in Minnesota
Statutes, Section 471.345, Subd. 3. shall be let only by the City Council upon
the recommendation of the City Manager to the lowest responsible bidder;
The Council may, however, reject any and all bids. Subject to the provisions
of the Charter, and other applicable law, the Council may by ordinance or b
DJK83191
CR225-5
?-I
resolution adopt further regulations for making of bids and letting of
contracts. A1-1- n-t-lhep ee? paets- 1 ?^ ,^+ by the Geimeil
And by repealing Section 6.06 in its entirety.
Anyone wishing to express an opinion about the proposed amendment orally or in
writing will be heard at the public hearing.
Dated :
, 199.
BY ORDER OF THE CITY COUNCIL
/s/
City Clerk
DJK83191
CR225-5
9=3
0 RESOLUTION NO.
RESOLUTION RELATING TO PURCHASING PRACTICES
IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 6847
WHEREAS, the City Manager of the City of Richfield has purchasing authority
pursuant to the City Charter and Administrative Ordinance Code; and
WHEREAS, the City Council desires to be made aware of certain purchases in
addition in inclusion in the Claims and Payroll process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield as follows:
All purchases of the City of Richfield which are in excess of $10,000 but below
$25,000 shall be forwarded to the City Council in a memorandum to be included
with City Council agenda materials.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
November, 1995.
c:
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
471.345 MUNICIPAL RIGHTS, POWERS, DUTIES
•
•
471.30 [Repealed; 1965 c 670 s 141
471.31 [Repealed, 1965 c 670 s 14]
471.32 [Repealed, 1965 c 670 s 14]
471.323 [Repealed, 1965 c 670 s 14]
471.33 [Repealed, 1965 c 670 s 14]
471.34 [Repealed, 1959 c 261 s 41
471.345 UNIFORM MUNICIPAL CONTRACTING LAW.
Subdivision 1. Municipality defined. For purposes of this section, "municipality',
means a county, town, city, school district or other municipal corporation or political
subdivision of the state authorized by law to enter into contracts.
Subd. 2. Contract defined. A "contract" means an agreement entered into by a
municipality for the sale or purchase of supplies, materials, equipment or the rental
thereof, or the construction, alteration, repair or maintenance of real or personal prop.
erty.
Subd. 3. Contracts over $25,000. If the amount of the contract is estimated to
exceed $25,000, sealed bids shall be solicited by public notice in the manner and subject
to the requirements of the law governing contracts by the particular municipality or
class thereof provided that with regard to repairs and maintenance of ditches, bids shall
not be required if the estimated amount of the contract does not exceed the amount
specified in section 103E.705, subdivisions 5, 6, and 7.
Subd. 4. Contracts from $10,000 to $25,000. If the amount of the contract is esti.
mated to exceed $10,000 but not to exceed $25,000, the contract may be made either
upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise comply.
ing with the requirements of competitive bidding. All quotations obtained shall be kept
on file for a period of at least one year after receipt thereof.
Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
to be $10,000 or less, the contract may be made either upon quotation or in the open
market, in the discretion of the governing body. If the contract is made upon quotation
it shall be based, so far as practicable, on at least two quotations which shall be kept
on file for a period of at least one year after their receipt.
Subd. 5a. County or town rental contracts. If the amount of a county or town con.
tract for the rental of equipment is estimated to be $60,000 or less, the contract may,
in the discretion of the county or town board, be made by direct negotiation by obtain-
ing two or more quotations for the rental when possible and without advertising for
bids or otherwise complying with the requirements of competitive bidding. All quota.
tions shall be kept on file for a period of at least one year after their receipt.
Subd. 6. Applicability of other laws. The purpose of this section is to establish for
all municipalities, uniform dollar limitations upon contracts which shall or may be
entered into on the basis of competitive bids, quotations or purchase or sale in the open
market. To the extent inconsistent with this purpose, all laws governing contracts by
a particular municipality or class thereof are superseded. In all other respects such laws
shall continue applicable.
Subd. 7. Minimum labor standards. Nothing in this section shall be construed to
prohibit any municipality from adopting rules, regulations, or ordinances which estab-
lish the prevailing wage rate as defined in section 177.42, as a minimum standard for
wages and which establish the hours and working conditions prevailing for the largest
number of workers engaged in the same class of labor within the area as a minimum
standard for a contractor's employees which must be agreed to by any contractor before
the contractor may be awarded any contract for the furnishing of any labor, material,
supplies, or service.
Subd. 8. Procurement from economically disadvantaged persons. For purposes of
this subdivision, the following terms shall have the meanings herein ascribed to them:
1181
MUNICIPAL RIGHTS > POWERS, DUTIES 471.345
(a) "Small targeted group business" means businesses designated under section
- 16B.19.
(b) "Business entity" means an entity organized for profit, including an individual,
partnership, corporation, joint venture
association
i
,
, or cooperat
ve.
Nothing in this section shall be construed to prohibit any municipality from adopt-
i
ng a resolution, rule, regulation, or ordinance which on an annual basis designates and
sets aside for awarding to small targeted group businesses a percentage of the value of
i
ts anticipated total procurement of goods and services, including construction, and
which uses either a negotiated price or bid cont
t
1 rac
procedure in the awarding of a pro-
curement contract under a set-aside program as allowed in this subdivision
provided
1 ,
that any award based on a negotiated price shall not exceed by more than five percent
the municipality's estimated price for the
oods and
i
if
a g
serv
ces
they were purchased on
the open market and not under the set-aside program.
Al . Subd. 9. [Repealed, 1990 c 549 s 3]
?- Subd. 10. Hospital shared service purchasing. Supplies, materials, or equipment
to be used in the operation of a hospital licensed und
i
o er sect
ons 144.50 to 144.56 that
are purchased or leased under a shared service purchasing arrangement whereb
ct
.)r y more
than one hospital purchases supplies, materials, or equipment with one or more other
hospitals either through one of the hos
itals
th
h
zll p
or
roug
another entity, may be pur-
chased without regard to the competitive bidding requirements of this section
if the
nt ,
following conditions are met:
(1) the hospital's governing authority authorizes the arrangement;
ti-
er (2) the shared services purchasing program purchases items available from more
than one source on the basis of competitive bids or
i
i
he compet
t
ve quotations of prices;
and
ly-
;pt
(3) the arrangement authorizes the hospital's governing authority or its representa-
tives to review the purchasing procedures to determine compliance with these require-
ments.
.ed
)en Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the
.on amount of the contract, any contract entered into by a municipality for the purchase
of fuel required for the generation of
ower fr
i
i
°pt p
om mun
c
pal power plants shall be gov-
erred by subdivision 4.
on- . Subd. 12. Procurement from rehabilitation facilities. Nothing in this section pro-
hibits a municipality from adopting a resoluti
l
;ay,
tin- on, ru
e, regulation, or ordinance that on
an annual basis designates and sets aside for awarding to rehabilitation facilities a
for s
described in section 268A.06 a percentage of the value of its anticipated total procure-
3ta- ment of goods and services, including construction, and which uses either a negotiated
price or bid contract procedure in the awarding of a procurement contract under a set
for -
aside program as allowed in this subdivision, provided that any award based on a nego-
tiated price shall not exceed by more than fi
'
be ve percent the municipality
s estimated
price for the goods and services if they were purchased on the open market and not
.pen under the set-aside program.
s by
;aws Subd. 13. Energy efficiency projects. The following definitions apply to this subdi-
i
i
v
s
on.
d to (a) "Energy conservation measure" means a training program or facility alteration
designed to reduce energy consumption or o
eratin
t
d i
i for p
g cos
s an
ncludes:
(1) insulation of the building structure and systems within the building;
rgest (2) storm windows and doors, caulking or weatherstripping, multiglazed windows
and doors
heat absorbing or heat
fl
i
num.
-fore ,
re
ect
ve glazed and coated window and door sys-
tems, additional glazing, reductions in glass area, and other window and door system
trial, modifications that reduce energy consumption;
(3) automatic energy control systems;
es of (4) heating, ventilating, or air conditioning system modifications or replacements;
hem: (5) replacement or modifications of lighting fixtures to increase the energy effi-
471.345 MUNICIPAL RIGHTS, POWERS, DUTIES 9 _/o i
1182
ciency of the lighting system without increasing the overall illumination of a facility,
unless an increase in illumination is necessary to conform to the applicable state or local
building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as
well as electricity, for use primarily within a building or complex of buildings;
i
(8) energy conservation measures that provide long-term operating cost reduc-
tions.
(b) "Guaranteed energy savings contract" means a contract for the evaluation and
recommendations of energy conservation measures, and for one or more energy conser-
vation measures. The contract must provide that all payments, except obligations on
termination of the contract before its expiration, are to be made over time, but not to
exceed ten years from the date of final installation, and the savings are guaranteed to
the extent necessary to make. payments for the systems.
(c) "Qualified provider" means a person or business experienced in the design,
implementation, and installation of energy conservation measures. A qualified pro-
vider to whom the contract is awarded shall give a sufficient bond to the municipality
for its faithful performance.
Notwithstanding any law to the contrary, a municipality may enter into a guaran-
teed energy savings contract with a qualified provider to significantly reduce energy or
operating costs.
Before entering into a contract under this subdivision, the municipality shall pro-
vide published notice of the meeting in which it proposes to award the contract, the
names of the parties to the proposed contract, and the contract's purpose.
Before installation of equipment, modification, or remodeling, the qualified pro-
vider shall first issue a report, summarizing estimates of all costs of installations, modi-
fications, or remodeling, including costs of design, engineering, installation,
maintenance, repairs, or debt service, and estimates of the amounts by which energy
or operating costs will be reduced.
A guaranteed energy savings contract that includes a written guarantee that savings
will meet or exceed the cost of energy conservation measures is not subject to competi-
tive bidding requirements of section 471.345 or other law or city charter. The contract
is not subject to section 123.37.
A municipality may enter into a guaranteed energy savings contract with a quali-
fied provider if, after review of the report, it finds that the amount it would spend on
the energy conservation measures recommended in the report is not likely to exceed
the amount to be saved in energy and operation costs over ten years from the date of
installation if the recommendations in the report were followed, and the qualified pro-
vider provides a written guarantee that the energy or operating cost savings will meet
or exceed the costs of the system. The guaranteed energy savings contract may provide
for payments over a period of time, not to exceed ten years.
A municipality may enter into an installment payment contract for the purchase
and installation of energy conservation measures. The contract must provide for pay-
ments of not less than one-tenth of the price to be paid within two years from the date
of the first operation, and the remaining costs to be paid monthly, not to exceed a ten-
year term from the date of the first operation.
Guaranteed energy savings contracts may extend beyond the fiscal year in which
they become effective. The municipality shall include in its annual appropriations mea-
sure for each later fiscal year any amounts payable under guaranteed energy savings
contracts during the year. Failure of a municipality to make such an appropriation does
not affect the validity of the guaranteed energy savings contract or the municipality's
obligations under the contracts.
Subd. 14. Damage awards. In any action brought challenging the validity of a
municipal contract under this section, the court shall not award, as any part of its judg-
ment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of
preparing an unsuccessful bid.
History: 1969 c 934 s 1; 1973 c 123 art 5 s 7, 1973 c 226 s 1,2; 1974 c 510 s 1; 1977
v 1 1183
MUNICIPAL RIGH'T'S, POWERS, DUTIES 471.371
c 182 s 1-3; 1980 c 462 s 4, 1983 c 42 s 1-3, 1983 c 301 s 211; 1984 c 413 s 1; 1985 c 172
- -- s 129; ISp1985 c 13 s 347,- 1986 c 350 s 1,2; 1986 c 444, 1988 c 409 s 1988 c 689 art
2 s 268,• 1989 c 9 s 3; 1989 c 352 s 19,25, 1990 c 391 art 8 s 51; 1990 c 541 s 26,29,• 1990
c 549 s 1; 1992 c 380 s 4-6
471.346 PUBLICLY OWNED AND LEASED VEHICLES IDENTIFIED.
All motor vehicles owned or leased by a statutory or home rule charter city, county,
town, school district, metropolitan or regional agency, or other political subdivision,
except for unmarked vehicles used in general police and fire work and arson investiga-
tions, shall have the name of the political subdivision plainly displayed on both sides
of the vehicle in letters not less than 2-1/2 inches high and one-half inch wide. The iden-
tification must be in a color that contrasts with the color of the part of the vehicle on
which it is placed and must remain on and be clean and visible throughout the period
of which the vehicle is owned or leased by the political subdivision. The identification
must not be on a removable plate or placard except on leased vehicles but the plate or
placard must not be removed from a leased vehicle at any time during the term of the
lease.
History: 1994 c 635 art I s 29
471.35 SPECIFICATIONS OF SUPPLIES OR EQUIPMENT.
When any county, city, town, or school district calls for bids for the purchase of
supplies or equipment, specifications shall not be so prepared as to exclude all but one
type or kind but shall include competitive supplies and equipment.
History: (1933-77) 1937 c 416 s 2; 1959 c 261 s 1; 1973 c 123 art 5 s 7,• 1975 c 157
s1
471.36 NONCOMPETITIVE SUPPLIES AND EQUIPMENT.
The provisions of sections 471.35 to 471.37 shall not apply to noncompetitive
types and kinds of supplies and equipment.
History: (1933-78) 1937 c 416 s 3; 1959 c 261 s 2
471.37 VIOLATIONS.
The violation of any of the provisions of sections 471.35 to 471.36 shall be a gross
misdemeanor.
History: (1933-79) 1937 c 416 s 4; 1959 c 261 s 3
471.371 CONTRACTS FOR CONSTRUCTION OF TREATMENT WORKS.
Subdivision 1. [Repealed, 1991 c 212 s 41
Subd. 2. Authorization of design and construct contracts. Notwithstanding the pro-
visions of any law or charter to the contrary, any municipality authorized by law to
enter into a contract for the design and/or construction of water or wastewater treat-
ment facilities may advertise for sealed bids for the design and construction thereof
under a single contract. Prior to such advertisement the municipality shall prepare or
cause to be prepared documents which shall serve as a basis for the comparison of bids
and any contract to be entered into. These documents shall be prepared by a profes-
sional engineer in sufficient detail, including hydraulic flow and organic loading calcula-
tions, design capacity, effluent limits, design life, and the treatment alternatives for the
wastewater treatment facility, for the bidder to describe the probable cost, scope of
work, equipment and materials of construction; and the documents shall include per-
formance standards for the construction and performance standards for the operation
of the facility which must be met for specified conditions and time periods, prior to
final acceptance of the facility by the municipality. The documents shall require the bid-
der to furnish estimates of the annual operation and maintenance costs of the facility,
conceptual plans and specifications and any other information deemed relevant for
contract award.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 313
Agenda November 27, 1995
Issue Statement:
First reading of an amendment to the municipal code of ordinances for the addition of
Section 811 - Private Use of Boulevards.
Background:
City staff has had a problem regulating the placement and maintenance of private
amenities on publicly owned boulevards. These problem amenities have included
retaining walls, fences, hedges, rock gardens and off-street parking places. In the most
severe cases these privately built amenities have caused difficulties with snow storage.
In most cases these privately built amenities expose the City to potential liability. In
some cases the object has been allowed to deteriorate and to become a clear safety
hazard to the public. In order to assist in keeping such nuisances from becoming a City
problem and/or liability, the attached proposed ordinance requires homeowners to get
prior approval for placement of features such as rocks, fences, walls, hedges, gardens
and the like.
Recommended Motion:
Approve first reading of the ordinance amendment which will:
• require that anyone installing a private amenity on City boulevard receive advanced
approval from the Director of Community Services;
• provide adequate space for storage of snow plowed from streets and sidewalks;
• give City staff clear authority to cause the removal of private amenities from
boulevards if it is determined that a potential safety hazard exists;
• require that such amenities be installed in as safe a manner and design as is
. possible;
and set a public hearing date and second reading for January 8, 1996.
Basis of Recommendation:
1. City ordinance does not currently provide specific powers of enforcement to the
City to control the placement of amenities on City owned right-of-way by owners of
adjacent private property.
2. Placement of such private property on public right-of-way causes problems for the
City's snow clearance forces. This is especially true when a retaining wall is
placed immediately behind the curb or immediately behind the sidewalk.
3. Such private amenity also poses a potential risk of injury to City personnel as they
plow streets and sidewalks.
q- I
0 4. Bodily injury or damage to private vehicles caused by a collision with these
privately installed amenities also could place the City at legal or financial risk.
Alternative Recommendation:
1. Do not amend the ordinance and allow the unapproved or unauthorized
placement of privately owned amenities on public right-of-way.
2. Council could modify the proposed amendment as it deems necessary.
Discussion/Decision Mode:
The first reading of the ordinance amendment is scheduled for the November 27, 1995
Council meeting. A public hearing and second reading will beheld January 8, 1996 if
the Council approves the first reading of the ordinance amendment.
Respectf I submitted,
Jame Prosser
City Manager
JDP:ds
Attachment
0
'7-C?-
0 BILL NO.
AMENDMENT TO CHAPTER VIII
"STREETS, ALLEYS AND PUBLIC GROUNDS"
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
BY ADDING A NEW SECTION RELATED TO
PRIVATE USE OF BOULEVARDS
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter VIII of the ordinance code of the City of Richfield entitled "Streets, Alleys
and Public Grounds" is hereby amended by adding the following:
Section 811 - Private Use of Boulevards
811.01. Boulevard defined. For the purposes of this section, a boulevard means
that area within the public right-of-way, located between the back of street curb
and the nearest lot line of privately owned land.
811.03. Maintenance responsibilitv.ADrivate property owner is responsible for
maintenance of the boulevard directly abutting the owner's property. Such
maintenance includes, but is not limited to, mowing grass and removing weeds.
811.05. Private use of boulevards. With a boulevard, nothing shall be erected,
placed, planted, or allowed to grow except the following-
(a) grass and/or flowers (non-noxious varieties only):
(b) trees authorized under Section 810 of this code:
(c) excavations for installation of essential services, driveways, and curb cuts
(or related improvements) authorized under Section 800 of this code;
(d) those features authorized under Section 811.07 of this code: and
(e) those improvements erected, placed, or planted on the boulevard by, or
under contract with:
(1) the City;
(2) Hennepin County along County owned roads: or
0 (3) Minnesota Department of Transportation along State owned roads.
')-3
811.07. Certain features. Subdivision 1. The City realizes that in certain
instances a private property owner may wish to erect, place, or plant certain
features within the boulevard abutting their land. Such features include, but are
not limited to, fences, retaining walls, privacy walls, hedges, berms, sidewalks,
pavement, planters, statues, irrigation systems, rock and landscaping
(hereinafter "feature").
Subdivision 2. Permit reauired. No person shall erect, place. or plant an
feature within a boulevard abutting their private property without first
obtaining a permit from the Community Services Director. In addition, any
existing feature which does not hold a valid permit shall require a permit at
the time of any reconstruction or repair, or earlier if required by the City. If
the abutting boulevard is owned by Hennepin County or the Minnesota
Department of Transportation. a permit may also be reauired by such
jurisdiction.
Subdivision 3. Application and fee. A person requesting a permit under this
subsection shall submit an application on forms provided by the City,
together with the fee established in Appendix D. The application shall be
accompanied with scale drawings of the boulevard and proposed feature, as
well as a written description of the materials and construction methods to be
used.
Subdivision 4. Review of application. The Director may deny any application
if the Director determines that the feature would cause, or could cause in the
future, any inconvenience to the public. In review of an application, the
Director considers factors including, but not limited to, the following:
(a) effect of the feature on snow plowing and snow storage:
(b) effect of the feature on public safety, including traffic visibility and
pedestrian safety:
(c) effect of the feature on public land and public or private utilities: and
(d) the public necessity and utility of the feature and the availability alternate
locations for the feature.
Subdivision 5. Permit revocation. The City reserves the right to revoke any
permit at any time.
Subdivision 6. Maintenance of feature. The abutting landowner shall be
responsible for the maintenance of any feature located within the boulevard.
Subdivision 7. Damage to or by feature. The City will assume no
responsibility and the abutting landowner shall assume all responsibility for
any damage caused to or by any feature located within the boulevard.
Subdivision 8. Removal rea_uirement.Anv feature not holdina a valid permit
is deemed to be a public nuisance and is subject to abatement according to
Subsection 925.07 of this code. The City may bill the property owner for the
cost of abatement or assess the cost of abatement against the abutting
propertv in accordance with Minnesota Statutes. Chapter 429 or other
applicable law.
Passed by the City Council of the City of Richfield, Minnesota this _ day of
1996.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 312
Agenda November 27, 1995
Issue Statement:
Public hearing and second reading of an ordinance amending Section 1210.07 of the
code of ordinances, establishing the number of "on-sale non-intoxicating malt liquor"
licenses.
Background:
Discussion was held by City Council at the Study Session on October 2, 1995, as
requested by staff, on increasing the number of on-sale non-intoxicating malt liquor
licenses currently established by ordinance at 12.
This discussion was held at the request of Mr. Thang Masyn, owner of Lan's
Vietnamese Restaurant, 7545 Lyndale Avenue, who is seeking a non-intoxicating malt
liquor license. However, Mr. Masyn was informed that currently all 12 licenses
authorized by ordinance have been issued.
It appears that as business development continues in the community, additional
requests for non-intoxicating malt liquor licenses will be made.
The current ordinance limiting the number of licenses to 12 was amended in March
1994. The number of non-intoxicating malt liquor licenses is not controlled by the State
and is at the sole discretion of the City Council.
The first reading of an ordinance amendment that would increase the number of non-
intoxicating malt liquor licenses from 12 to 15 was approved by the City Council at their
October 9, 1995 meeting.
Recommended Motion:
Conduct the public hearing and approve second reading of an ordinance amending
Section 1210.07 of the code of ordinances, increasing the number of non-intoxicating
malt liquor licenses from 12 to 15.
Basis of Recommendation:
1. By increasing the current number of non-intoxicating malt liquor licenses from 12
to 15, the City will be able to receive license applications without amending the
ordinance each time. Currently, all 12 licenses have been issued. The Council
will still have the ability to review each application and ultimately approve or
disapprove the licenses.
Alternative Recommendation:
?_ I
. 1. Leave the current ordinance as is, limiting the number of licenses to 12. This
would prohibit any additional businesses from obtaining a license unless one of
the 12 did not renew.
2. Increase the suggested number of 15 to some other number.
Discussion/Decision Mode:
Conduct the public hearing and approve second reading of an ordinance amending
Section 1210.07 of the code of ordinances establishing the number of on-sale non-
intoxicating malt liquor licenses.
Respectfully submitted,
Jame Prosser
City M ager
JDP:ds
is
Current Establishments with Non-Intoxicating Malt Liquor Licenses as of October 1995
1. Airport Bowl - 7711 14th Avenue
2. Vina Restaurant - 6401 Nicollet Avenue
3. Frenchmans - 1400 East 66th Street
4. Godfathers - 2 West 66th Street
5. Kinhdo Restaurant - 6345 Penn Avenue
6. Lariat Lanes - 6320 Penn Avenue
7. Sandy's Tavern - 6612 Penn Avenue
8. Silver Spoon - 6700 Penn Avenue
is 9. Davanni's - 2312 West 66th Street
10. Miller's Fireside Pizza - 6736 Penn Avenue
11. Red Pepper Chinese Restaurant - 2902 West 66th Street
12. Hampton Inn - 7745 Lyndale Avenue
0
!0_3
0 BILL NO.
AMENDMENT TO SECTION 1210.07
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1210.07 of the ordinance code of the City of Richfield entitled "Types of
licenses" is hereby amended as follows:
1210.07. Types of licenses. Subdivision 1. On-sale licenses. On-sale licenses may
be granted only to restaurants, hotels, clubs and establishments having food licenses,
provided that no nonintoxicating malt liquor manufacturer or wholesaler has any interest
in such business. Such licenses are for retail sales of nonintoxicating malt liquor only.
No more than 4-2 15 on-sale licenses may be issued. (Amended, Bill No. 1987-23; Bill
No. 1994-2)
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
November, 1995.
11
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 311
Agenda November 27, 1995
Issue Statement:
Public hearing to consider specially assessing the 77th Street Project Area for current
maintenance services for the period of January 1 through December 31, 1996 - City
Project No. 911.
Background:
The City Council has scheduled a public hearing for November 27, 1995 to consider the
establishment of a special assessment district for current maintenance service costs in
the 77th Street Project Area (formerly known as the ILN). Notice of this public hearing
was mailed to all owners of commercial property in the area, and published in the
official newspaper as required by law.
The higher level of maintenance proposed to be provided in the area includes the
trimming and watering of trees and plants, repair of sidewalks, trash and litter removal,
irrigation maintenance and repair, and removal of snow and ice from sidewalks,
maintenance of the sound wall barrier and performance of other specialized
maintenance functions.
The estimated cost for the period January 1 through December 31, 1996 is $18,000.
All commercial properties would be assessed on a square foot basis.
For comparison purposes, the following is provided related to the former ILN/now 77th
Street project maintenance special assessments for current services:
1988 Actual $7,001.47 77th St./Lyndale - Harriet Aves.
1989 Estimated $7,254 "
1989 Actual $6,135.54 "
1990 Estimated $7,514 "
1990 Actual $7,662.52 "
1991 Estimated $7,780 "
1991 Actual $8,855.46 It It
1992 Estimated $8,894 " "
1992 Actual $7,031.70 " "
1993 Estimated $9,200 " It
1993 Actual $3,614.94 " It
1994* -0-*
1995 Estimated $18,000 77th St/35W - Portland Ave.
1996 Estimated $18,000 77th St/35W - Cedar Ave.
After Construction &
Warranties Completed $72,000 49 it
-I
• *The $0 estimated was provided to the Council in a December 28, 1993 memorandum.
Recommended Motion:
Following the close of the public hearing, adopt the resolution ordering the 77th Street
Project Area maintenance work for the period January 1, 1996 through December 31,
1996 (City Project No. 911) to be undertaken and the costs to be specially assessed to
commercial properties in the expanded district.
Basis of Recommendation:
1. Notice of the proposed assessment has been published in the official newspaper.
2. Each affected property owner has been notified of the proposed assessment.
3. Continued maintenance service for this commercial area is recommended in order to
sustain the current standards for landscaping and maintenance which have been
successful over the past years.
Alternative Recommendation:
Council may choose to fund the 77th Street maintenance operations with alternative
methods if so desired.
Discussion/Decision Mode:
• A public hearing has been scheduled for the November 27, 1995 City Council meeting.
Respectfully submitted,
James rosser
City Manager
JDP:ds
•
__J
5- a--
• RESOLUTION NO.
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA - CITY PROJECT NO. 911
JANUARY 1 THROUGH DECEMBER 31, 1996
WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did
establish a special assessment district and did propose that certain current services be
undertaken by the City in the 77th Street Project Area, approximately bounded by I-
35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be
specially assessed against benefited property; and
WHEREAS, the City Council of the City of Richfield did also by such resolution
set the date of the public hearing on the undertaking of such current service project and
the levying of special assessment to bear the cost thereof; and
WHEREAS, following due notice, such public hearing was held on November 27,
1995 at which time all interested parties desiring to be heard were given an opportunity
to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
• Richfield, Minnesota as follows:
1. That the following examples of current services of the City shall be
undertaken by the City within the 77th Street Project Area, which area. constitutes the
special assessment district with the exception of single family and two family residential
properties, plus the two churches in the area, with the cost of such services to be
specially assessed against the benefited property within the district:
a. Snow, ice or rubbish removal;
b. Weed elimination;
C. 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;
d. Street sprinkling or other dust treatment of streets;
e. Trimming and care of trees and the removal of unsound trees;
f. Repair of sidewalks, crosswalks and other pedestrian walkways;
g. Operation of the street lighting system;
h. Maintenance of landscaped areas and other public amenities on or
adjacent to street right-of-way;
i. Snow removal and other maintenance of streets;
j. General maintenance, including repairs and replacement.
• 2. The work to be performed may be by day labor, by City force, by contract or
by any combination thereof.
5-3.
3. The designated period of the project shall be from January 1 through
December 31, 1996. Costs of the project shall be in the manner provided in the
Richfield Ordinance Code.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of
November, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
is
q C.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 310
Agenda November 27, 1995
Issue Statement:
Award of contract for disposal of spent lime by-product for 1996 and 1997.
Background:
Each year, the dewatering plant must dispose of approximately 4,500 cubic yards of
spent lime by-product. This material is in a solid form which is dropped from presses
into waiting trucks. The two year 1994-1995 price was $85,230 based on $9.47 per
cubic yard.
A formal bid opening for the disposal of spent lime by-product was held on Thursday,
November 16, 1995 with the following results:
Price Per Total Bid
Cubic Yard Price
Avon Ag-Lime $ 9.89 $ 89,010
Rehbein, Inc. 13.50 121,500
Recommended Motion:
Accept the bid minutes/tabulation and award a two-year contract for 1996 and 1997 in
the amount of $89,010 to Avon Ag-Lime for the disposal of approximately 4,500 cubic
yards per year (9,000 cubic yards for the two years) of spent lime by-product. The
contract may be extended two years with mutual agreement by the City and contractor.
• Basis of Recommendation:
1. It is necessary to remove and dispose the spent lime by-product from the dewatering
presses.
2. Avon Ag-Lime was the lowest responsible bidder and is an established contractor
that meets all requirements.
3. There is sufficient funds in the 1996 Water Maintenance budget for spent lime by-
product disposal.
Alternative Recommendation:
Council may reject all bids and direct staff to readvertise; however, staff does not
believe a better price can be otained from a reputable contractor
Discussion/Decision Mode:
Staff is asking for approval at the November 27, 1995 Council meeting.
Respectfull submitted,
Jam ' Prosser
city ager
JDP:ds
Attachment
qc,- I
CITY OF RICHFIELD, MINNESOTA
is
Bid Opening
November 16, 1995
11:00 a.m.
Lime By-Product Disposal
City Bid No. 95-23
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 lime by-product disposal, city bid
no. 95-23, as advertised in the official newspaper on October 25, 1995.
Present: Thomas Ferber, City Clerk
Don.Fondrick, Community Services Director
Cheryl Krumholz, City Manager Representative
Tom Foley, Transportation Engineer
The following bids were submitted and read aloud:
Bidder's Name/City Bid Security Total Bid Amount
Rehbein Inc. Hugo, MN 5% Bid Bond $ 13.50 /unit
$121,500.00
Avon Lime . Avon, MN cashier's check $ 9.89 /unit
$89,010.00
The City Clerk announced that the bids would be tabulated and considered at the
November 27, 1995 City Council Meeting.
Thomas P. Ferber City Clerk
is
46
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 309
Agenda November 27, 1995
Issue Statement:
Consideration of a $13,000 contract with Short Elliot Hendrickson, Inc. for professional
services for Geographic Information Support.
Background:
The 1995-1996 utilities divisions budget proposal includes a Geographic Information
System (GIS). GIS is a computerized mapping and data base management system.
This GIS will operate on the City's new PC network. The reorganized Water Division
now has a Data Processing Technician (DPT) to operate the new GIS and to operate
the computerized meter reading/billing and management information systems.
In order to assure that the new GIS start-up will avoid some of the pitfalls experienced
by some other cities, City staff is proposing to enlist the services of SEH, Inc. SEH is
an engineering firm with GIS experience and a good track record in municipal GIS. City
staff solicited proposals from five engineering and computer firms:
• BRW Inc.
• Bonestroo Roscue Anderlik and Associates
• BORN Information Services Group
• OSM and Associates
• Short Elliott Hendrickson Inc. (SEH)
All but BORN were interviewed and SEH was selected based upon experience, positive
responses from past clients and competitive pricing.
The GIS start-up work plan includes:
• review needs with City staff;
• evaluate hardware and software purchase;
• acquire and assemble available data bases;
• prepare training plan; and
• prepare utility mapping and management system.
The contract is for time and materials not to exceed $13,000 without further
authorization. The bulk of the work is budgeted for 1996.
Recommended Motion:
Approve the GIS Services contract with SEH Inc. in the amount of $13,000.
q8-1
Basis of Recommendation:
1. GIS start-up support services are needed to assist City staff in getting the new
system up and running.
2. The revised 1995 and 1996 budgets include funding for a GIS.
3. SEH Inc. was chosen from a qualifications based consultant selection process.
Alternative Recommendation:
1. Delay action pending additional information.
2. Reject the SEH proposal and implement a GIS without consultant support. City
staff believes that the experience of SEH will save time and money in the long run.
3. Reject the SEH proposal and repeat the consultant selection process. City staff
believes that the selection process was fair and that it accurately portrayed the
firms submitting proposals.
Discussion/Decision Mode:
The selection can be delayed for two weeks but City staff is prepared to move forward
with the GIS implementation now.
Respectfully submitted,
James rosser
City Ma er
JDP:ds
0
yR
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 308
Agenda November 27, 1995
Issue Statement:
Consideraton of a resolution authorizing a subdivision waiver for Market Plaza, 6501
Woodlake Drive.
Background:
Market Plaza is owned by two legal partnerships, Market Plaza Commercial Limited
Partnership and Market Plaza Housing Limited Partnership. The commercial
partnership owns Tract D of the property. A portion of Tract D, the rear area located
behind the commercial space, is being used by the housing partnership. The
commercial partnership wants to transfer that portion of the commercial building to the
housing partnership.
On July 12, 1993, the City Council approved a reconfiguration of the commercial space
at Market Plaza. At that time, the owners were uncertain how the subject-area would
be used, however, they requested and received approval to develop the space as either
a common area for the condominiums or as office space. The housing partnership has
begun using the space as a common area for the condominiums and is requesting a
subdivision waiver to transfer ownership of the space.
The subdivision waiver would also establish a permanent easement across this portion
of Tract D. The easement area is a hallway that will be accessed by both the housing
and commercial partnerships.
Recommended Motion:
Adopt the attached resolution approving the subdivision waiver for Market Plaza, 6501
Woodlake Drive.
Basis of Recommendation:
1. Compliance with the regular platting requirements of Section 500.05, Subd. 1 of the
City Code would result in an unnecessary hardship.
2. Approval of the subdivision waiver would not interfere with the purposes of platting
regulations of Section 500 of the City Code.
3. Approval of the subdivision waiver would allow the ownership of the property to be
consistent with the present use.
4. The City Assessor reviewed the proposed subdivision waiver and determined that
there would be minimal tax impact from the transfer.
qA-J
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 for the November 27,
1995 City Council meeting.
Respectfully submitted,
Jame Prosser
City Manager
JDP:ds
is
0
q?-)-
RESOLUTION NO.
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(Market Plaza)
WHEREAS, an application has been filed with the City of Richfield which
requests approval of a subdivision waiver for the division of a certain parcel of land
generally located at 66th and Lyndale and legally described as Tract D, Registered
Land Survey No. 1635; (hereafter the subject property); and
WHEREAS, the proposed division of land for which the subdivision waiver is
sought is as legally described on Attachment A, attached hereto and hereby made at
part hereof; and
WHEREAS, the two parcels resulting from the subdivision waiver together with
other lands will comply with the City Code relating to lot area and width; and
WHEREAS, the City has fully considered the request for approval of the
subdivision waiver; and
WHEREAS, the Council finds that compliance with the City Code Section
500.05, Subd. 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of 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 is hereby approved.
2. 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 requests of this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 27th day of
November, 1995.
Martin J. Kirsch, Mayor
ATTEST:
0 Thomas P. Ferber, City Clerk
4A3
PARCEL I: ATTACHMENT A
That part of Tract D, REGISTERED LAND SURVEY NUMBER 1635, described as
follows:
Commencing at the most northerly corner of said Tract D; thence South 58 degrees 54
minutes 30 seconds West, assumed bearing, along the northwesterly line of said Tract
D, 176.66 feet; thence South 30 degrees 38 minutes 59 seconds East 3.4 feet to the
point of beginning of the interior building space to be described (said point of
beginning is intended to be located upon the interior face of the most northwesterly
wall of the space to be described); thence continuing South 30 degrees 38 minutes 59
seconds East 37.36 feet; thence South 59 degrees 21 minutes 01 seconds West 157.76
feet; thence South 30 degrees 38 minutes 59 seconds East 17.75 feet; thence South 14
degrees 21 minutes 01 seconds West 15.24 feet; thence South 59 degrees 21 minutes 01
seconds West 10.00 feet; thence North 75 degrees 38 minutes 59 seconds West 16.00
feet; thence North 59 degrees 21 minutes 01 seconds East 12.33 feet; thence North 30
degrees 38 minutes 59 seconds West 22.00 feet; thence South 59 degrees 21 minutes 01
seconds West 19.00 feet; thence South 30 degrees 38 minutes 59 seconds East 10.0
feet; thence South 59 degrees 21 minutes 01 seconds West 7.70 feet; thence North 75
degrees 38 minutes 59 seconds West 20.84 feet; thence North 30 degrees 38 minutes
59 seconds West 27.94 feet to the face of the most northwesterly interior wall of the
space being described; thence North 59 degrees 22 minutes 35 seconds East, along said
wall, 218.94 feet, to the point of beginning of the interior building space being
described.
Together with a non-exclusive easement for access only over and on that parcel
described as follows:
That part of Tract D. REGISTERED LAND SURVEY 1635 described as follows:
Commencing at the most northerly corner of said Tract D; thence South 58 degrees 54
minutes 30 seconds West, assumed bearing, along the northwesterly line of said Tract
D, 171.63 feet; thence South 30 degrees 38 minutes 59 seconds East 3.4 feet to the
point of beginning of the interior building space to be described (said point of
beginning is intended to be located upon the interior face of the most northwesterly
wall of the space to be described); thence continuing South 30 degrees 38 minutes 59
seconds West 43.36 feet; thence South 59 degrees 21 minutes 01 seconds West 156.73
feet; thence South 30 degrees 38 minutes 59 seconds East 15.00 feet; thence South 14
degrees 21 minutes 01 seconds West 25.00 feet; thence South 59 degrees 21 minutes 01
seconds West 10.00 feet; thence North 75 degrees 38 minutes 59 seconds West 56.00
feet; thence North 30 degrees 38 minutes 59 seconds West 8.6 feet; thence South 75
degrees 38 minutes 59 seconds East 20.84 feet; thence North 59 degrees 21 minutes 01
seconds East 7.7 feet; thence North 30 degrees 38 minutes 59 seconds West 10.00 feet;
• thence North 59 degrees 21 minutes 01 seconds East 19.00 feet; thence South 30
degrees 38 minutes 59 seconds East 22.00 feet; thence South 59 degrees 21 minutes 01
0-4
seconds West 12.33 feet; thence South 75 degrees 38 minutes 59 seconds East 16.00
feet; thence North 59 degrees 21 minutes 01 seconds East 10.00 feet; thence North 14
degrees 21 minutes 01 seconds East 15.24 feet; thence North 30 degrees 38 minutes 59
seconds West 17.75 feet; thence North 59 degrees 21 minutes 01 seconds East 157.76
feet; thence North 30 degrees 38 minutes 59 seconds West 37.36 feet to the face of the
most northwesterly interior wall of the space being described; thence North 59 degrees
22 minutes 35 seconds East; along said wall, 5.05 feet to the point of beginning of the
interior building space being described.
PARCEL II:
Tract D, REGISTERED LAND SURVEY NUMBER 1635 except that part of said
Tract D, described as follows:
Commencing at the most northerly corner of said Tract D; thence South 58 degrees 54
minutes 30 seconds West, assumed bearing, along the northwesterly line of said
Tract D, 176.66 feet; thence South 30 degrees 38 minutes 59 seconds East 3.4 feet to
the point of beginning of the interior building space to be described (said point of
beginning is intended to be located upon the interior face of the most northwesterly
wall of the space to be described); thence continuing South 30 degrees 38 minutes 59
seconds East 37.36 fee; thence South 59 degrees 21 minutes 01 seconds West 157.76
feet; thence South 30 degrees 38 minutes 59 seconds East 17.75 feet; thence South 14
degrees 21 minutes 01 seconds West 15.24 feet; thence South 59 degrees 21 minutes 01
seconds West 10.00 feet; thence North 75 degrees 38 minutes 59 seconds West 16.00
feet; thence North 59 degrees 21 minutes 01 seconds East 12.33 feet; thence North 30
degrees 38 minutes 59 seconds West 22.00 feet; thence South 59 degrees 21 minutes 01
seconds West 19.00 feet; thence South 30 degrees 38 minutes 59 seconds East 10.00
feet; thence South 59 degrees 21 minutes 01 seconds West 7.70 feet; thence North 75
degrees 38 minutes 59 seconds west 20.84 feet; thence North 30 degrees 38 minutes 59
seconds West 27.94 feet to the face of the most northwesterly interior wall of the space
being described; thence North 59 degrees 22 minutes 35 seconds East, along said wall,
218.94 feet, to the point of beginning of the interior building space being described.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 307
Agenda November 27, 1995
Issue Statement:
Accept the Minnesota Recreation and Parks Association (MRPA) Innovative Program
Award to the City of Richfield.
Background:
The City of Richfield will be receiving the Innovative Program Award for the Adaptive
Recreation Program, Leisure Discoveries Day. Three years ago, Adaptive
Recreation/Learning Exchange (ARLE), a cooperative existing between the communities of
Edina, Eden Prairie, Richfield and Bloomington, developed this program to accommodate a
growing need among disabled youth in transition from high school to adulthood. The goal
of Leisure Discover Days is to introduce a variety of activities in a supportive environment.
As a result of the program students, ages 16-20, leave their schools with new interests and
tools necessary for a healthier leisure lifestyle. The program utilizes outside agencies to
offer different activities such as: Rollerblade offering in line skating, Rich Acres providing
golf instruction, Recreational Equipment, Inc. (RE[), sporting goods store, demonstrating
camping skills and a number of other outdoor activities. Approximately 125 students
participate each year.
Recommended Motion:
Accept the award from the MRPA for the Innovative Program award for the Adaptive
Recreation Program, Leisure Discoveries Day.
Basis of Recommendation:
Richfield, in conjunction with the Adaptive Recreation Learning Exchange (ARLE), provides
innovative new programs to serve the leisure needs of individuals with disabilities.
Alternative Recommendation:
None.
Discussion/Decision Mode:
Following a four minute video of the program, a representative from MRPA will be
presenting the award to the City Council. In attendance will be Richfield Adaptive
Recreation Supervisor, Jennifer Watson, and representing ARLE will be Lil Hipp, Richfield
Community Center Manager. This item is scheduled for the November 27, 1995 Council
meeting.
Respec Ily submitted,
JameProsser
city Manager
JDP:ds