Loading...
03-13-95 aqgendaCITY OF RICHFIELD, MINNESOTA MONDAY, MARCH 13, 1995 CONCURRENT CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY MEETING 7:00 P.M. COUNCIL CHAMBERS CALL TO ORDER 1. CONCURRENT MEETING WITH CITY COUNCIL TO REVIEW REQUEST FOR ISSUANCE OF TAX EXEMPT REVENUE BONDS TO PURCHASE AND RENOVATE CENTURY COURT APARTMENTS HRA LETTER NO. 18 II. PUBLIC HEARING AND CONSIDERATION OF HOUSING PROGRAM AND ISSUANCE OF REVENUE BONDS TO FINANCE PURCHASE AND RENOVATION OF CENTURY COURT APARTMENTS COUNCIL LETTER NO. 68 ADJOURNMENT OF HRA REGULAR CITY COUNCIL MEETING CONTINUES AFTER CONCURRENT MEETING COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF FEBRUARY 27,1995; (2) CITY COUNCIL STUDY SESSION OF MARCH 6,1995; AND (3) SPECIAL CITY COUNCIL MEETING OF MARCH 8, 1995 PRESENTATIONS OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PRESENTATION OF TWO AWARDS, GRAND AWARD PRESENTED BY CONSULTING ENGINEERS COUNCIL OF MINNESOTA AND SEVEN WONDERS OF ENGINEERING AWARD PRESENTED BY MINNESOTA SOCIETY OF PROFESSIONAL ENGINEERS, AND ACCEPTANCE OF DEDICATION PLAQUE FOR RENOVATION OF WATER PLANT COUNCIL LETTER NO. 69 3. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO FINANCE MANAGER BRIDGET WALSTROM ON BEHALF OF GOVERNMENT FINANCE OFFICERS ASSOCIATION COUNCIL LETTER NO. 70 AGENDA APPROVAL COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF LAWRENCE EMOND AND GLENN • ERICKSON AS RESIDENT MEMBERS OF BOARD OF EQUALIZATION C.L. 71 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING CONDEMNATION AND QUICK TAKE OF 77TH STREET PARTIAL TAKES C.L. 72 C. CONSIDERATION OF APPROVAL OF RESOLUTION APPOINTING PUBLIC SAFETY DIRECTOR AND CITY MANAGER AS DIRECTOR AND ALTERNATE TO HENNEPIN EMERGENCY COMMUNICATIONS ORGANIZATION C.L. 73 D. CONSIDERATION OF APPROVAL OF RESOLUTION REQUIRING PUBLIC HEARING REGARDING PROPOSED TRANSFER OF OWNERSHIP OF PARAGON CABLE C.L. 74 E. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR 1995 REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY TO CERES TREE COMPANY IN TOTAL ESTIMATED AMOUNT OF $80,188 C.L. 75 F. CONSIDERATION OF BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR 1995 SEALCOATING PROJECT TO ALLIED BLACKTOP COMPANY IN TOTAL AMOUNT OF $138,821.79 C.L. 76 G. CONSIDERATION OF APPROVAL BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR ROUTING AND SEALING OF CRACKS IN ASPHALT PAVEMENT TO BERGMAN COMPANIES, INC. IN AMOUNT OF $99,641.41 C.L. 77 H. CONSIDERATION OF APPROVAL BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR ONE NEW FLUSHER UNIT FROM SWEENEY BROTHERS TRACTOR, INC. IN AMOUNT OF $27,130 C.L. 78 1. CONSIDERATION OF APPROVAL 1995 LICENSE RENEWAL: BLUE & WHITE TAXI, ONE VEHICLE PUBLIC HEARING 6. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND COUNCIL LETTER NO. 79 PROPOSED ORDINANCE 7. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION 320,400 AND 405 OF CODE OF ORDINANCES, MODIFYING NOTICE AND APPEAL PROCEDURES FOR CERTAIN CODE VIOLATIONS COUNCIL LETTER NO. 80 ADMINISTRATIVE REPORTS & OTHER BUSINESS AIRPORT BUSINESS 8. AIRPORT STATUS REPORT 77TH STREET PROJECT BUSINESS 9. 77TH STREET PROJECT 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. 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 80 Agenda March 13, 1995 Issue Statement: First reading of ordinance amending Sections 320, 400 and 405 of the Code of Ordinances, modifying the notice and appeal procedures for certain code violations. Background: Over the years, Public Safety has been enforcing certain ordinances dealing with building codes, signs, inoperable vehicles, etc. Generally, when Public Safety receives complaints on code issues such as these, they: • Send a C.S.O. out to verify the complaint. • Send a letter advising the person or business of the violation, requesting compliance within five days. • Do a follow-up after five days to see if compliance has been achieved. • If not, a second letter is sent, again requesting compliance within a designated time, depending on the type of violation. • Usually, these issues are resolved at this point. • If they are not, a citation (ticket) is issued requiring a fine be paid or court • appearance, and/or abatement. Included in the ordinance, under Section 320.01, is an appeal process to the City Council. This would appear to be unnecessary and time consuming. It places the Council in a position of interpreting ordinances that they may have initiated. It is most appropriate to permit the courts to resolve differences. Changing the ordinance, however, would still not prohibit the Council, as individuals or as a body, from hearing complaints from citizens who believe staff is acting inappropriately. Recommended Motion: Approve first reading of an ordinance amendment amending Section 320.01, Subd.1; Section 320.01, Subd.2; Section 320.05, Subd. 2, Clause C; Section 320.15; Section 400.35; Section 925.09, and Section 1320.11, and set April 24, 1995, as the date for public hearing and second reading. Basis of Recommendation: 1. The ordinance in its current state, is cumbersome and bureaucratic. Any aggrieved party can avail themselves (and have) to appeal in the informal sense to the supervisor, Department Director, City Manager and, of course, to the City Council. 2. It is expensive, time consuming and inefficient for the Council to hold formal hearings on issues such as these. In fact, it is probably much more cumbersome and confusing to the citizen. Generally, if the citizen has a concern or complaint, it can be dealt with more quickly by an appropriate staff person. 1-I 0 Alternative Recommendation: 1. Leave the ordinance(s) in place and allow each aggrieved party the opportunity to have a formal hearing before the Council. This has the potential of numerous hearings, expense and frustrations for everyone. 2. Provide staff options that the Council has that staff may have overlooked. Discussion/Decision Mode: Approve first reading of an ordinance amending Section 320.01, Subd. 1; Section 320.01, Subd. 2; Section 320.05, Subd. 2, Clause C; Section 320.15; Section 400.35; Section 925.09; Section 1320.11, and set April 24, 1995, as the date for the public hearing and second reading. Respectfully submitted, James D. Prosser City Manager 0 JDP:ds • FEB 20 '95 14:24 HOLMES & GRAVEN Z j ie /9"s' 7-a BILL NO. ?• AN ORDINANCE AMENDING SECTIONS 320, 400 AND i 405 OF THE RICHFIELD CITY CODE; MODIFYING THE NOTICE AND APPEAL PROCEDURES FOR CERTAIN CODE VIOLATIONS; CORRECTING OBSOLETE STATUTORY REFERENCES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 320.01, subdivision 1 of the Richfield City Code is amended to read as follows: 320.01. Application. Subdivision 1. Purpose. The purpose of this section is to provide uniform procedures for the enforcement of the regulations contained in ehapteL2 14 and seet-ien-915 and ; the zoning code, ?A'J7R' .Ti sz appendix B and any other provision of this Code which LQiVL VJJVOO yJJiA q?.V \.i VJJ• t Sec. 2. Subsection 320.01, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Conflicts. To the extent that the provisions of this section conflict with those of any procedure adopted by reference in the above referenced code provisions, shaptev W, seotlea 916 96 the sening Gedr the provisions of this section control. Sec. 3. Subsection 320.05, subdivision 21 clause (c) of the Richfield City Code is amended to read as follows: (c) provide a reasonable time, but not less than five days in any event for the correction of the violation or violations particularized; Sec. 4. Subsection 320.15 of the Richfield City Code is amended to read as follows: 320.15. Correction of violation by city and assessment of cost. In all cases of violation to which Minnesota Statutes, sections 345% -22 to 145.23'463.15 to 463.261 are I applicable, the enforcement officer may proceed as therein provided to abate or remove the violation and, if deemed necessary, to have the cost thereof specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this section. CAR77348 AC160-3 1 FEB 20 '95 14:25 HOLMES & GRAVEN P.3/3 Sec. 5. Subsection 400.35 of the Richfield City Code is amended to read as follows: 400.35. Imminent hazards. Whenever the enforcement officer determines that there has been a violation of any one or more provisions to which this section appliesTlae and further finds (i) that by reason of such violation it presents an imminent and serious hazard to public health, or to the physical and mentdl health of the occupants therein, and (ii) that the do not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, the enforcement officer shall follow the procedures contained section 3au. I c I I i I i Sec. 6. Subsection 925.09 of the Richfield City Code is amended to read as follows: 925.09. Assessment of cost. The cost of abatement or removal of a public nuisance shall be assessed against the property as provided in Minnesota Statutes, seGtlea 145-.23 Chapter 429, and other law. Sec. 7. Subsection 1320.11 of the Richfield City Code is amended to read as follows: 1320.11. A_Meal. A person aggrieved by a decision made as to Q.-- lstLcatien of- this seetlen with respect to the grant or denial of the permit described in subsection 1320.09 above may appeal to the bGav4 e4 adjustments and meals pity council. ATTEST: Thomas P. Ferber, Clerk I I CA677348 RC160-3 Martin J. Kirsch, Mayor • • J City Manager James D. Prosser Date Resident/Owner Address Richfield, MN 55423 C# It has been brought to our attention that your property may not conform with Richfield ordinances relating.to property maintenance. The specific violations are as follows: 1. If you have any questions, please contact the Environmental Health Division at 861-9880. Otherwise, we ask you to alleviate these conditions within 5 days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to reinspect the property. Sincerely, Jean Flesher Environmental Health Specialist Richfield Public Safety Department JMF:ttf Enclosure The Urban Hometown /)-4/ Mayor Council Martin Kirsch Don Priebe Michael Sandahl Susan Rosenberg Russ Susag An Equal Opportunity Employer J • City Manager Mayor James D. Prosser Martin Kirsch Council Don Priebe Michael Sandahl Susan Rosenberg Russ Susan. E N V I R O N M E N T A L H E A L T H D I V I S I O N N O T I C E O F N 0 N- C O M P L I A N C E Date: Name: Address: Richfield, MN 55423 RE: Environmental Health Inspection Initial Inspection: Follow-up Inspection: C# 941785 • The above property was inspected on the date noted and orders were issued for compliance with the City Environmental Health Code. A follow-up inspection was conducted, and the inspector noted that the following items have not been completed: 1. Another inspection will be conducted the items have not been completed, a in addition, the city will abate the costs to you. If you have any quest: please call the Environmental Health the compliance date. on February 16, 1995. If citation will be issued and problems and assess the ions about these items, Division at 861-9880 before Jean Flesher-Environmental Health Specialist Richfield Public Safety Department JMF:ttf • The Urban Hometown An Equal Opportunity Employer 60 CITY OF RICHFIELD, MINNESOTA Council Letter No. 79 Agenda March 13, 1995 Issue Statement: Public hearing and second reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. Background: At the December 12, 1994 City Council meeting, the City Council authorized $20,000 of Special Revenue Funds for Fremont Park playfeatures in 1995. In addition, the 1994 Capital Improvement Budget provided for expenditure for all types of funds contained in the budget document including county funds, municipal state aid, user fees, federal grants, state grants, and special revenue. While the total 1995 Capital Improvment Budget (CIB) includes total budgeted expenditures of $16,266,000, the portion of the CIB concerning proposed funding from the Special Revenue Fund is $20,000 as shown below: Playfeature Improvements - Fremont Park 20 000 40 A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. Charter Section 7.12, Subdivision 2 allows expenditures for capital improvements from the Special Revenue Fund only by ordinance. First reading of the ordinance was approved on February 13, 1995 and a notice of public hearing was published on February 22, 1995. Recommended Motion: Conduct a public hearing and second reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. Basis of Recommendation: 1. On December 12, 1994, the City Council approved the 1995 Capital Improvement Budget, which includes an expenditure of $20,000 of Special Revenue Funds for Fremont Park playfeatures. 2. On February 13, 1995, first reading of the transitory ordinance was approved. 3. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 . days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 1995 so that the capital projects can be initiated on a timely basis, completed, and the funds expended. ?)'l • Alternative Recommendation: 1. The City Council could continue the public hearing and second reading of the transitory ordinance to a future City Council meeting. 2. The City Council could decide to authorize none or only a portion of the expenditures identified from special revenues in the CIB. Discussion/Decision Mode: In order to proceed with improvements approved on a timely basis, second reading approval of this transitory ordinance would be desirable on March 13, 1995. Res a ully submitted, Ja D. Prosser City anager JDP:ds 0 6-a. 0 BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM . THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS 0 CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Playfeature Improvements - Fremont Park $20,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 13th day of March, 1995. ATTEST: Thomas P. Ferber City Clerk Martin J. Kirsh Mayor 9 '514 CITY OF RICHFIELD, MINNESOTA Council Letter No. 78 Agenda March 13, 1995 Issue Statement: Award of contract for one new flusher unit. Background: Unit #271, a 1983 flush truck used by the Street and Park Maintenance Divisions, was fully depreciated in 1994 and is scheduled to be replaced this year. A cab chassis for this unit was purchased through the Hennepin County bid process earlier this year for $38,792. Specifications were written for the base flusher unit plus four options, and a deduct for trading in the 1983 unit. Bids were opened for a flusher unit for this truck on March 3, 1995 as follows: Sweeney Brothers Tractor, Inc. Base Bid $38,460.00 Option #1 1,960.00 Option #2 210.00 Option #3 1,560.00 Option #4 1,390.00 Less Trade-In (13,500.00) Total Amount Excluding Options $24,960.00 Ruffridge-Johnson Equipment Co. Base Bid $42,422.00 Option #1 1,588.00 Option #2 312.00 Option #3 1,736.00 Option #4 4,095.00 Less Trade-In (8,000.00) Total Amount Excluding Options $34,422.00 The approved 1995 Garage Budget contains $70,000 for this purchase. Recommended Motion: Accept the bid minutes/tabulation and award a contract to Sweeney Brothers Tractor, Inc. in the sum of $38,460, minus the trade-in price, plus Options #1 & #2 for a total sum of $27,130. The total cost for the cab chassis and the flusher unit with tax would then be $70,206.93. Basis for Recommendation: 1. The bid from Sweeney Brothers Tractor was the lowest responsible bid. 5H? 2. The City has a flush truck similar to the one bid by Sweeney Brothers Tractor • (Etnyre brand), and the unit has been an acceptable unit. 3. There are adequate funds in the motor pool budget to purchase this unit. Alternative Recommendation: Council could choose to reject the bids and require staff to obtain new bids; however, staff does not believe we could obtain a good piece of equipment for a price lower than the Sweeney Brothers bid. Discussion/Decision Mode: Staff is requesting approval at the March 13, 1995 Council meeting in order to facilitate timely delivery of this unit. Respectfully submitted, Jame . Prosser City Manager JDP:ds Attachment • 5 CITY OF RICHFIELD, MINNESOTA Bid Opening March 3, 1995 11:15 a.m. One New Flusher Unit Bid No.. 95-3 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for one new flusher unit, Bid No. 95- 3, as advertised in the official newspaper on February 15, 1995. Present: Thomas Ferber, City Clerk Donald Fondrick, Community Services Director Cheryl Krumholz, City Manager Representative Ray Wroblewski, Central Garage Bill Yetzer, Engineering Technician The following bids were submitted and read aloud: VENDOR Bid Security Bid Amount Sweeney Bros. Tractor Inc. 5% Bid Bond Base $ 38,460.00 Burnsville Option #1 $ 1,960.00 Option #2 $ 210.00 Option #3 $ 1,560.00 Option #4 $ 1,390.00 trade-in $ -13,500.00 TOTAL $ 24, 960.00 Ruffridge-Johnson Equipment, Inc. 5% Bid Bond Base $ 42,422.00 Minneapolis Option #1 $ 1,588.00 Option #2 $ 312.00 Option #3 $ 1,736.00 Option #4 $ 4,095.00 trade-in $ -8,000.00 TOTAL $ 34,422.00 The City Clerk announced that the bids would be tabulated and considered at the March 13, 1995 City Council Meeting. Thomas P. Ferber City Clerk 5? CITY OF RICHFIELD, MINNESOTA Council Letter No. 77 Agenda March 13, 1995 Issue Statement: Award of contract to rout and seal cracks in asphalt pavement. Background: In 1991, the City hired a contractor to rout and seal cracks in the area between 62nd and 66th Streets/Penn to Xerxes Avenues. At the time, the process was fairly new technology, and staff was curious to see how well it would work. The process involves grinding out (or routing) the cracks, and filling them with a bituminous crack sealing compound that prevents water from penetrating to the gravel below. Results were excellent. In the fall of 1994, the City contracted routing and crack sealing in about half of the area to be seal coated in 1995. In 1995, Council approved approximately $375,000 to initiate an accelerated street maintenance program. This program will include asphalt crack repair, asphalt milling and patching and sealcoating of all City streets in the next five years. On March 3, 1995, a bid opening was held with the results below. The bids are to finish routing and sealing in the rest of the 1995 sealcoat area, and all of the 1996 sealcoat areas. Bergman Companies, Inc. $99,641.41 Allied Blacktop Company 104,121.90 Astech Corporation 107,143.72 Bargen, Inc. 135,404.37 Recommended Motion: Accept the bid minutes/tabulation and award a contract to Bergman Companies, Inc. in the amount of $99,641.41 to rout and seal cracks on asphalt streets. Basis for Recommendation: 1. Bergman Companies, Inc. submitted the lowest bid. 2. Bergman Companies, Inc. is a reputable contractor for this type of work. 3. The low bid is within engineer's estimate ($100,000) for this work. Alternative Recommendation: Council could reject the bids and instruct staff to obtain new ones; however, staff does not believe we can obtain better prices from a reputable contractor. 5-6-- Discussion/Decision Mode: Staff is requesting award of this contract at the March 13, 1995 meeting. R4spe submitted, Jaosser Cir J DP:ds 0 A5 6,5- _c2- CITY OF RICHFIELD, MINNESOTA Bid Opening March 3, 1995 11:00 a. m. Asphalt Street Crack Routing and Sealing Bid No. 95-2 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 asphalt street crack routing and sealing, bid no. 95-2, as advertised in the official newspaper on February 8, 1995. Present: Thomas Ferber, City Clerk Donald Fondrick, Community Services Director Cheryl Krumholz, City Manager Representative Ray Wroblewski, Central Garage Bill Yetzer, Engineering Technician 0 The following bids were submitted and read. aloud: Vendor Bid Security Total Bid Amount Bergman Companies Inc. 5% Bid Bond $ 99,641.41 Eau Claire, Wisconsin Allied Blacktop Co. 5% Bid Bond $104,121.90 Maple Grove, MN Bargen, Inc. 5% Bid Bond $135,304.37 Mt. Lake, MN Astech Corp. 5% Bid Bond $107,143.72 St. Cloud, MN The City Clerk announced that the bids would be tabulated and considered at the March 13, 1995 City Council Meeting. Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 7 6 Agenda: March 13, 1995 Issue Statement: Award of contract for the 1995 sealcoating project. Background: In 1980, the City of Richfield began a nine-year phased project of roadway improvement to sealcoat all of the City's bituminous streets. A thin coat of emulsified oil is applied, then covered with rock. This process rejuvenates the surface of the street, and prevents it from deteriorating. In 1990,. we started the second round of sealcoating our streets. Below is a brief history of contract amounts awarded. 1990 Allied Blacktop Company 98,467.64 1991 Bituminous Roadways 36,980.40 1992 Allied Blacktop Company 54,174.40 Budget restrictions reduced the area sealcoated in 1991 and 1992, and eliminated sealcoating in 1993 and 1994. In 1995, Council approved approximately $375,000 to initiate an accelerated street maintenance program. This program will include asphalt crack repair, asphalt milling and patching and sealcoating of all City streets in the next five years. A bid opening to sealcoat one-fifth of the City in 1995 was held March 3, 1995 with the following results: Allied Blacktop Company $138,821.79 Bituminous Roadways, Inc. 143,373.80 AsTech Corporation 156,354.50 The area to be sealcoated is between Portland and Pleasant Avenues/66th to 78th Streets, and between Nicollet and Portland Avenues, 62nd to 66th Streets. Recommended Motion: Accept the bid minutes/tabulation and award a contract to Allied Blacktop Company in the sum of $138,821.79 for the 1995 sealcoating project. Basis of Recommendation: 1. Allied Blacktop Company is the lowest responsible bidder. n U 5F-- 1 2. The 1995 Street Division operating budget contains adequate for the contractor's services on this project. Contractor's bid on estimated quantities and costs will be monitored. 3. The low bid is within engineer's estimate ($145,000) for this work. Alternative Recommendation: Council may choose to reject all bids and direct staff to obtain new bids. However, the prices received for this work are extremely good, and staff does not believe we will receive any lower bids.- Discussion/Decision Mode: Staff is requesting approval at the March 13, 1995 meeting. Respectful rlubmitted, Jame D. osser City M n r . JDP:ds Attachment 0 5F CITY OF RICHFIELD, MINNESOTA I? Bid Opening March 3, 1995 10:45 a.m. Bituminous Sealcoating Construction Bid No. 95-1 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 bituminous sealcoating construction, bid no. 95-1, as advertised in the official newspaper on February 8, 1995. Present: Thomas Ferber, City Clerk Donald Fondrick, Community Services Director Cheryl Krumholz, City Manager Representative Ray Wroblewski, Central Garage Bill Yetzer, Engineering Technician 0 The following bids were submitted and read aloud: Vendor Bid Security Total Bid Amount Bituminous Roadways, Inc. 5% Bid Bond $143,373.80 Minneapolis, MN Allied Blacktop Co. 5% Bid Bond $138,821.79 Maple Grove, MN Astech Corp. 5% Bid Bond $156,354.50 St. Cloud, MN The City Clerk announced that the bids would be tabulated and considered at the March 13, 1995 City Council Meeting. 0 Thomas P. Ferber City Clerk 5L- CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda March 13, 1995 Issue Statement: Award of contract for 1995 removal of diseased trees on private property. Background: In the early 1970's, the City of Richfield began a. shade tree disease program to assist homeowners in the removal of diseased Elm and Oak trees on private property. When the City's Tree Inspector marks a diseased tree on private property for removal, the homeowner has three options: - Removal of the tree by the homeowner; Homeowner hires a contractor to perform the work; Homeowner authorizes the City's Contractor to perform the work. If the City Contractor performs the tree removal, the homeowner has the option to pay the removal costs immediately, or have the cost assessed to the property taxes over a three-year period. The City's bidding process for removal of diseased trees on private property was revised and streamlined in 1985. In an effort to attract more bidders in 1994 and again this year, staff divided the city into two districts. Bidders were encouraged to bid on one or both districts. This year, specifications for this work were sent to seven tree removal companies in the metropolitan area. The companies were asked to bid a per-inch cost, based on the actual number and sizes of trees removed in 1994. Three bids were received and opened on Friday, February 24, 1995 with the following results: East West District District Total Ceres Tree Company $35,277 $44,911 $80,188 Precision Landscape & Tree, Inc. $35,975 $45,682 $81,657 Tamarack Tree Company(No Bid Bond) $39,126 $49,556 $88,682 The 1993 bid for tree removal was $123,553; the 1994 bid was $108,764. The overall bid is lower because the quantities of diseased trees removed is becoming smaller. Recommended Motion: Accept the bid minutes/tabulation and award the the 1995 contract for removal of 10 diseased trees on private property in both districts be awarded to Ceres Tree Company in the total estimated amount of $80,188. 67C-1 Basis of Recommendation: 1. Ceres Tree Company was the lowest responsible bidder for this work. 2. Ceres Tree Company has been our contractor since 1993, and has proven to be reliable. Alternative Recommendation; Council may choose to reject all bids and direct staff to re-advertise in an attempt to receive a lower bid. However, staff believes the per-tree prices are low enough to provide Richfield homeowners with a reasonable removable cost should they decide to have the City coordinate the removal of their diseased tree(s). Discussion/Decision Mode: To assure sufficient time to process the necessary paperwork before the first trees are marked for removal, this item is scheduled for the City Council agenda of March 13, 1995. Respectfully submitted, Ja a D. Prosser City anager JDP:cak 0 5-E-- cl CITY OF RICHFIELD, MINNESOTA 0 Bid Opening February 24, 1995 11:00 a.m. Removal and Disposal of Diseased Trees on Private Property East District and/or West District Bid No. 95-6 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 removal and disposal of diseased trees on private property, bid no. 95-6, as advertised in the official newspaper on February 8, 1995. Present: Thomas Ferber, City Clerk Donald Fondrick, Community Services Director Doris Swanson, City Manager Representative The following bids were submitted and read aloud: Vendor Bid Security Bid Amount Bid Amount EAST WEST Precision, Little Canada 5% Bid Bond $35,975.00 $45,682.00 Ceres, Roseville 5% Bid Bond $35,277.00 $44,911.00 Tamarack, West St.Paul None $39,129.00 $49,556.00 The City Clerk announced that the bids would be tabulated and considered at the March 13, 1995 City Council Meeting. Thomas P. Ferber City Clerk LJ CITY OF RICHFIELD, MINNESOTA • Council Letter No. 74 Agenda March 13, 1995 Issue Statement: Resolution requiring public hearing regarding proposed transfer of ownership of Paragon Cable. Background: On February 21, .1995 the Southwest Suburban Cable Commission (SWCC) of which the City of Richfield is a member, received a letter and Form 394 from Paragon Cable. Paragon Cable is the current franchisee of the cable system in the SWCC, including Richfield. The letter and Form 394 indicated that KBLCOM, Inc. which is a wholly owned subsidiary of Houston Industries and which owns 100% of Nortel Cable Corporation and Countryside Investments, Inc. which owns Paragon Cable would become a wholly-owned subsidiary of Time Warner, Inc. The Minnesota Cable Communications Act and Article XII, Section 1, Subsection B of the Cable Franchise Ordinance for the City of Richfield states that a franchising authority such as Richfield which receives a written request for approval of a sale or transfer shall answer in writing within thirty (30) days of a request and shall state whether it approves the request or whether it determines that a public hearing is necessary because the sale or • transfer may adversely affect the subscribers. The public hearing, if it is deemed necessary, must be conducted within thirty (30) days of such a determination and must provide a fourteen (14) day notice published once in the newspaper of general circulation in the area served by the franchise. The cable franchise ordinance for the City of Richfield also states that the City may inquire into the qualifications of the prospective controlling party and the grantee shall assist the City in such an inquiry and pay all costs incurred by the City including staff time for so inquiring. Finally, the Federal Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 provide that: 1) A cable operator cannot transfer a cable system unless it has held the system at least thirty-six (36) months; and 2) If a cable transfer or sale requires franchising authority approval, the franchising authority has 120 days from receipt of the Form 394 to approve the sale. Therefore, since the City of Richfield and the SWCC have received Form 394 from Paragon Cable, the 120 day time period has begun. In order for the City to proceed it is suggested that the attached resolution be adopted and that the resolution accomplish three things: 1) The City states that Paragon Cable was held by KBLCOM for at least thirty-six (36) months; and 2) That the City must approve a sale or transfer the cable system and is currently reviewing Form 394 provided by Paragon Cable and Time Warner, Inc. to determine the affect of the proposed transfer on Richfield subscribers. Accordingly, a public hearing will be held on April 10, 1995 to allow for public comment and input on the proposed transfer; and 3) The City of Richfield acknowledges that it has the right to purchase the cable system pursuant to Article XII of the Cable Franchise Ordinance for the City of Richfield and is determining whether to exercise that right. Recommended Motion: Adopt the attached resolution requiring a public hearing regarding the proposed transfer of ownership of Paragon Cable. Basis of Recommendation: 1. The City of Richfield and the SWCC have received appropriate notice from Paragon Cable and Time Warner, Inc. concerning a proposed transfer of ownership. That notification includes the filing of Form 394. • 2. With the receipt of Form 394, the franchising authority has 120 days to act on the request. 3. The City of Richfield, as the franchising authority, has the ability to conduct a public hearing to collect public input concerning the proposed transfer and provide opportunity to investigate the impact of the transfer upon subscribers. 4. The City of Richfield has a total of thirty (30) days from consideration of this item to conduct such a public hearing. Alternative Recommendation: 1. The City could decide not to conduct a public hearing. Discussion/Decision Mode: In order for the City of Richfield to act upon this matter in a timely basis, the City must consider this issue on March 13 and establish April 10, 1995 as a public hearing date to consider this matter. These dates are firm if the City is to stay within the allowed timeframe for handling this matter. Respectfu submitted, . James D Prosser City Manager JDP:ds • RESOLUTION NO. RESOLUTION REQUIRING A PUBLIC HEARING REGARDING THE PROPOSED TRANSFER OF OWNERSHIP OF PARAGON CABLE WHEREAS, on or about February 21, 1995, the Southwest Suburban Cable Commission of which the City of Richfield is a member, received a letter and Form 394 from Paragon Cable, the current franchisee of the cable system in Richfield, stating that KBLCOM Incorporated which is a wholly-owned subsidiary of Houston Industries and which owns 100 percent of Nortel Cable Corporation and Countryside Investments, Inc. which own Paragon Cable, would become a wholly-owned subsidiary of Time Warner, Inc.; and WHEREAS, the Federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, states that: 1) A cable operator cannot transfer a cable system unless it has held the system at least thirty-six (36) months; and 2) If a cable transfer or sale requires franchising authority approval, the • franchising authority has 120 days from receipt of the Form 394 to approve the sale; and WHEREAS, the Minnesota Cable Communications Act and Article XII, Section 1, Subsection B of the cable franchise ordinance for the City of Richfield state that a franchising authority which receives a written request for approval of a sale of transfer shall answer in writing within thirty (30) days of the request and shall state whether it approves the request or whether it determines that a public hearing is necessary because the sale or transfer may adversely effect the subscribers; and WHEREAS, the Minnesota Cable Communications Act and the cable franchise ordinance for the City of Richfield state that if a public hearing is deemed necessary, such hearing shall be conducted within thirty (30) days of such determination and notice of such a hearing shall be given fourteen (14) days before such hearing by publishing notice once in a newspaper of general circulation in the area served by the franchise; and WHEREAS, Article XII, Section 1, Subsection G of the cable franchise ordinance for the City of Richfield states that the City of Richfield may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the City in such an inquiry and pay all costs incurred by the city in so inquiring, including City staff time at a value determined by the City; and 56-3 WHEREAS, pursuant to Article XI of the cable franchise ordinance for the City of Richfield; the Minnesota Cable Communications Act and the Federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, the City of Richfield has up to 120 days to exercise its right to purchase the system at the bona fide purchase price in the offer. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The City hereby states that Paragon Cable was held by KBLCOM for at least thirty-six (36) months. 2. The City hereby states that it must approve a sale or transfer of the cable system and it is reviewing the Form 394 provided by Paragon Cable and Time Warner, Inc. to determine the effect of the proposed transfer on Richfield subscribers. Accordingly, a public hearing is necessary because the effect of the sale or transfer is currently unknown and the effect on the subscribers may be adverse. Such hearing is scheduled for 7:00 p.m. on April 10, 1995. 3. The City of Richfield acknowledges that is has the right to purchase the cable system pursuant to Article XI of the cable franchise ordinance for the City of Richfield • and it is determining whether to exercise that right. BE IT FURTHER RESOLVED, that the City Clerk is directed to send a certified copy of this resolution to Paragon Cable and Time Warner, Inc. and to publish notice of the public hearing. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 1995. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 . . I CITY OF RICHFIELD, MINNESOTA Council Letter No. 73 Agenda March 13, 1995 Issue Statement: Resolution appointing Public Safety Director and City Manager as Director and Alternate to Hennepin Emergency Communications Organization (H.E.C.O.). Background: Hennepin Emergency Communications Organization (HECO) was established in the mid-70's to ensure a cohesive emergency communications system. The board of H.E.C.O. has been active in planning emergency communications county-wide throughout this period, including the development of the 911 telephone system. While H.E.C.O. had been dormant for several years, there is now a revitalization as a result of the proposed 800 MHz trunked system. This system, currently a legislative funding issue, will undoubtedly resolve many problems that are currently being experienced in Public Safety communications. Richfield, as'have other communities, contributed a significant amount of money over • the years to H.E.C.O. While the City currently does not, its portion could be claimed by Richfield if H.E.C.O. were dissolved. Further, or more important, it's essential that Richfield have a voice in how H.E.C.O. spends the money. Recommended Motion: Approve the attached resolution appointing John D. Erskine as the Director from Richfield and James D. Prosser as the Alternate. Basis of Recommendation: 1. John Erskine, Public Safety Director, has been participating all along with H.E.C.O. Through an oversight, staff failed to recognize that the Council, by resolution, needs to appoint a director and alternate (HECO by-laws). This has not been done since Tom Morgan and Wayne Burggraaff were appointed in the early 70's. 2. Staff feels it is vital for Richfield to have a voice in H.E.C.O. issues. Alternative Recommendation: 1. Do nothing. Without formal Council action, Richfield cannot vote on H.E.C.O. issues. 0 2. Appoint someone other than Erskine and Prosser to H.E.C.O. Board. E 0 S G / I Discussion/Decision Mode: Approve attached resolution appointing John Director to H.E.C.O., and James D. Prosser, Respectfully submitted, James D Prosser City M ager JDP:ds D. Erskine, Director of Public Safety, as City Manager, as the Alternate. 0 5-01- J, RESOLUTION NO. RESOLUTION AUTHORIZING Appointment of Director and Alternate to Hennepin County Emergency Communications Organization WHEREAS, Police, Fire and Emergency Management determined in the early 1970's a need for a coordinated, planned emergency communications effort; and WHEREAS, as a result, a Board known as the Hennepin County Emergency Communications Organization (H.E.C.O.) was formed in 1977; and WHEREAS, the City of Richfield has participated as a member of the H.E.C.O. Board with its Director of Public Safety and City Manager; and WHEREAS, the City of Richfield has contributed financially to H.E.C.O.; and WHEREAS, it is in the best interest to the public safety efforts of Richfield, that the City continue to be a part of the Board of H.E.C.O.; and WHEREAS, the H.E.C.O. by-laws require the city council or governing body of the member organizations of H.E.C.O. to appoint a director and alternate to the H.E.C.O. Board. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield at its regularly scheduled council meeting, March 13, 1995, do hereby appoint John D. Erskine, Director of Public Safety as the Director, and James D. Prosser, City Manager, as the Alternate, to the Hennepin County Emergency Communications Organization (H.E.C.O.). Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk ?a 6 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 72 Agenda March 13, 1995 Issue Statement: Adoption of attached resolution authorizing condemnation and quick-take of 77th Street partial takes. Background: There are three partial fee takings needed for the 77th Street project; Phase I Chi-Chi's at 77th and Nicollet Avenue; Phase II apartment property at 7700 - 12th Avenue; and House of Prayer at 7625 Chicago Avenue. Last year, the City Council authorized offers for these partial takings. The owners have been cooperative and supportive. However, there are title issues which make it difficult if not impossible for the owners to provide clear title to these properties. Also in the case of House of Prayer, it is appropriate to initiate condemnation as it will provide an orderly process for determining the value of their area of partial taking. The church had proposed arbitration as a process for settling value for their taking (offer from City was $110,000) however the City Attorney's office prefers the condemnation process. Recommended Motion: Adopt the attached resolution which authorizes condemnation and quick take action. Basis of Recommendation: 1. Owners are unable to deliver to the City clear title to the partial takes. 2. MnDOT rules require clear title. 3. Condemnation is the appropriate process to obtain clear title. Condemnation provides an orderly process to determine the value of the partial take from House of Prayer Church. Alternative Recommendation: 1. Delay action. Refuse to approve the request. Discussion/Decision Mode: Both the property owners and staff would like to complete these takings. Respe If submitted, Jame . Prosser City Ma ager JDP:ds ?-I RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY WHEREAS, the City of Richfield, Minnesota ("City") is a municipal corporation and subdivision of the State of Minnesota organized and operating under Minnesota law, as amended, and is authorized by its City Charter to acquire real estate by exercising the power of eminent domain in the manner provided by law; and WHEREAS, the City Council finds that its citizens and property owners desire that the City widen 77th Street between Interstate Highway No. I-35W ("I-35W") and TH 77; and WHEREAS, Minnesota Department of Transportation ("MnDOT") has advised the City of MnDOT's intention to improve Interstate Highway No. I-494 (11I-49411) by widening I-494; and WHEREAS, MnDOT and the City have agreed that it is necessary and convenient to widen 77th Street to supplement the "frontage road function" for I-494 which is currently being served by 78th Street; and WHEREAS, the widening of 77th Street (1177th Street Project") is becoming increasingly more necessary in order to (a) accommodate substantial amounts of traffic; and (b) provide an additional East- West arterial within the City; and WHEREAS, the City has obtained commitments of substantial financial assistance from the federal and state governments to undertake the 77th Street Project; and WHEREAS, BRW, Inc. and Orr, Schelen & Mayeron, Inc., the consulting engineers retained by the City to design the proposed improvements for the 77th Street Project have identified various parcels of real estate which must be acquired by the City in order to construct the 77th Street Project ("Subject Property"); WHEREAS, a substantial amount of the real estate which is required for the project has already been acquired by the City; and WHEREAS, the Subject Property (all of which is located in the City of Richfield, Hennepin County, Minnesota) is legally described in Exhibit A; and WHEREAS, in order to construct, operate, maintain and reconstruct the 77th Street Project, the acquisition of the Subject Property is necessary and convenient for the promotion of the public health, safety and welfare of the City and its residents; and RJL82600 RC145-268 1 WHEREAS, City staff members have been unsuccessful in their efforts to acquire all interests in the Subject Property by negotiation upon terms and conditions acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The City Council hereby finds acquisition of the Subject Property to be suitable, necessary, convenient and reasonable and for a public purpose to serve the needs of the citizens and property owners of the City. 2. Pursuant to and in accordance with said Minn. Stat. Ch. 117, the City Council further finds that it is in the public interest to authorize and to direct the acquisition of the Subject Property for the construction, operation, maintenance and reconstruction of the 77th Street Project. 3. The City Council hereby finds that it is desirable, reasonable, necessary and convenient, and for a public purpose, for the City to acquire the Subject Property by eminent domain proceedings in accordance with the provisions of Minn. Stat. Ch. 117, including the early transfer of title and possession of the Subject Property to the City under Minn. Stat. S 117.042. is 4. The City Attorney is authorized and directed to acquire the Subject Property by use of eminent domain proceedings pursuant to this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this day of , 1995. Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk 0 WL82600 RC145-268 2 X6--3 EXHIBIT A TO RESOLUTION NO. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY CITY PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION 63 7625 Chicago Avenue South Fee Taking for Right of Way Richfield, MN 55323 The South 83.00 feet, together with the north 2.00 feet of the south 85.00 feet of the west 139.00 feet of the West Half of the Northwest Quarter of the Southeast Quarter of the Southwest quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota. Subject to the rights of the public for 77th Street East, Elliot Avenue South and Chicago Avenue South. Together with adjacent streets and alleys, vacated or to be vacated, and all gaps, overlaps and appurtenant easements. Together with a temporary easement for roadway and utility construction purposes over, under and across the west 9.00 feet of the east 125.50 feet of the north 5.00 feet of the south 88.00 feet of the West Half of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 35, Township 28, Range 24. Together with a temporary easement for roadway and utility construction purposes over, under and across the north 2.00 feet of the south 87.00 feet of the east 106.00 feet of the west 139.00 feet of the West Half of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 35, Township 28, Range 24. Together with a temporary easement for roadway and utility construction purposes over, under and across the east 9.00 feet of the west 67.00 feet of the north 38.00 feet of the south 125.00 of the West Half of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 35, Township 28, Range 24. According to the United States Government Survey thereof, on file in the Office of the County Recorder for Hennepin County, Minnesota. PZL82600 RC145-268 A-1 58-q CITY CEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION 69A 7700 12th Avenue South Fee Taking for Right of Way Richfield, MN 55323 That part of the East Half of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota, which lies southerly of the north 30.00 feet, westerly of the east 33.00 feet, and northeasterly of the following described line: Beginning at a point 30.00 feet south of the north line of said East Half and 43.00 feet west of the east line thereof; thence south-easterly to a point that is 40.00 feet south of said north line and 33.00 feet west of said east line and said line there terminating. Together with adjacent streets and alleys, vacated or to be vacated, and all gaps, overlaps and appurtenant easements. Together with a temporary easement for roadway and utility construction purposes over, under and across the south 5.00 feet of the north 35.00 feet of the east 98.60 feet of the west 213.64 feet of said East Half of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter. Together with a temporary easement for roadway and utility construction purposes over, under and across the south 10.00 feet of the north 40.00 feet of the west 115.04 feet of said East Half of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter. According to the United States Government Survey thereof, on file in the Office of the County Recorder for Hennepin County, Minnesota. • Rn82600 RC145-268 A-2 58-5 CITY CEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION 43A 7717 Nicollet Avenue South, Fee Taking for Right of Way. That part of Richfield, MN 55323 the west 315.00 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, which lies easterly of the east right of way line of Nicollet Avenue and which lies southerly of the south right of way line of 77th Street East and which lies northwesterly of a curve concave to the southeast having a radius of 19.50 feet. The east right of way line of Nicollet Avenue and the south right of way line of 77th Street East are tangent to said curve. Together with adjacent streets and alleys, vacated or to be vacated, and all gaps, overlaps and appurtenant easements. Together with a temporary construction easement for roadway and utility construction purposes over, under and across the east 15.00 feet of the west 57.00 feet of the south 5.00 feet of the north 35.00 feet of said Southwest Quarter of the Southwest Quarter of the Southeast Quarter. Together with a temporary construction easement for roadway and utility purposes over, under and across the East 9.00 feet of the West 42.00 feet of the South 60.00 feet of the North 90.00 feet of said West 315.00 feet. According to the United States Government Survey thereof, on file in the Office of the County Recorder for Hennepin County, Minnesota. L RJL82600 RC145-268 A-3 5-1q CITY OF RICHFIELD, MINNESOTA Council Letter No. 71 Agenda March 13, 1995 Issue Statement: Appointment to the 1995 Board of Equalization (Board of Review). Background: City Charter provides that the Local Board of Equalization shall consist of all of the City Council Members and two Richfield residents experienced in real estate matters. The purpose of the Board is to hear appeals from the property owners concerning their property values. Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to once again serve as a residential representative to the Board. He has been an independent property appraiser for well over 20 years and has served on the Richfield Board of Review since 1983. Mr. Emond holds a Federal Appraisers License and is working primarily in conducting property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. Mr. Emond has been a Richfield resident for over 30 years and is very knowledgeable of the City. His previous input on the Richfield Board of Equalization has been extremely valuable as determinations and appeals presented by Richfield citizens were considered. The second Richfield resident under consideration for appointment for the 1995 Board of Equalization is. Glenn Erickson, 7240 Bryant Avenue. Mr. Erickson has been a resident of Richfield since 1950 and has been in the property appraisal business since 1951. He first served on the Richfield Board of Review in 1991. .His business has predominately included appraisal of single family residential, duplex and fourplex properties. The appraisals have included those for a mortgage. loan business and a number of appraisal audits. Mr. Erickson currently holds both an appraisers and real estate brokers license. Like Mr. Emond, Mr. Erickson's previous service on the Richfield Board of Equalization has been very valuable. It is recommended that the compensation for resident members be set at $44.50 per session or $17.75 per hour per session, whichever is greater. This rate represents a 4.7% increase over the current rate which was established in 1993. Recommended Motion: Approve the attached resolution confirming the appointment of Mr. Emond and Mr. Erickson to the 1995 Board of Equalization, at the proposed level of compensation stated herein. Basis for Recommendation: 1. Both Mr. Emond and Mr. Erickson are very knowledgeable and experienced in the areas of real estate appraisals. They are also both licensed appraisers. 5-tq_/ 2. Mr: Emond and Mr. Erickson have served on the Richfield Board of Equalization in the past and have done a very good job in that capacity. 3. It is required by City Charter that there be two resident representatives on the Board of Equalization who are knowledgeable in real estate matters. Alternative Recommendation: 1. The City Council could select other qualified individuals as expert resident representatives on the Board of Equalization, in place of either Mr. Emond or Mr. Erickson or both. Discussion/Decision Mode: It is requested that the City Council set the appointment of Mr. Emond and Mr. Erickson at the City Council meeting of March 13, 1995. The Board of Equalization will meet at 7:00 p.m. Monday, May 1, 1995. The appointment at the City Council meeting of March 13, 1995 ensures that the City staff has adequate time to establish appointments to the Board. Ily submitted, ReIspe JaProsser Cit ger JDP:cak 0 57/q- RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson as 1995 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $44.50 per session of the Board or $17.75 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of March, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk it 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 70 Agenda March 13, 1995 Issue Statement: Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association (GFOA). Background: The City was recently notified that its comprehensive annual financial report for the fiscal year ended December 31, 1993 qualifies for a Certificate of Achievement for excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The GFOA, which is responsible for presenting the certification, is a nonprofit, professional association serving 9,500 government finance professionals. The Association provides a variety of technical publications in various fields of government finance and represents the public finance community in Washington, D.C. The specific comprehensive annual financial report was judged by an impartial panel to meet the high standards of the program established by GFOA, including demonstrating a constructive spirit of full disclosure effort to clearly communicate its financial story and motivate potential persons and users to read the financial report. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also given to the individual designated as primarily responsible for having earned the certificate. This Award of Financial Reporting Achievement has been presented to Bridget Walstrom the City's Finance Manager. Richfield has previously earned the GFOA Certificate of Achievement thirteen times since 1971. This is the tenth consecutive year that the award has been received. Recommended Motion: It is recommended that the City Council present the Certificate of Achievement for Excellence in Financial Reporting to Finance Manager Bridget Walstrom on behalf of the Government Finance Officers Association. Basis of Recommendation: ` 1. The City has been notified by the GFOA that the certificate has been attained and that presentation to Bridget Walstrom would be appropriate. 2. The City Council wishes to take such opportunities to recognize achievement of City staff, especially at a public forum, such as a City Council meeting. • Alternative Recommendation: 1. The City Council could accept the award and make no mention of it at the Council meeting.. Discussion/Decision Mode: Action on this item is suggested for March 13, 1995. Respectful) submitted, James Prosser City Manager JDP:mid 0 0 IL CITY OF RICHFIELD, MINNESOTA Council Letter No. 69 Agenda March 13, 1995 Issue Statement: Acknowledgment of the Grand Award presented by the Consulting Engineers Council of Minnesota, acknowledgment of the Seven Wonders in Engineering Award presented by the Minnesota Society of Professional Engineers, and presentation of the dedication plaque for the Water Plant renovation project. Background: On February 17, 1995, the Consulting Engineers Council of Minnesota presented their Grand Award to Mayor Kirsch. On February 25, 1995, the Minnesota Society of Professional Engineers presented their Seven Wonders of Engineering Award to Mayor Kirsch. These awards are in recognition of the design and construction management of the Richfield Water Plant renovation project. The renovation project, which began in 1993, expanded water softening capabilities by constructing two side-by-side.units using existing space at the Water Plant. The complexity of the project has been recognized by the associations sponsoring the awards. In fact, the Grand Award is being entered into national competition. • The physical construction of the Water Plant renovation is complete. A dedication plaque has been created to acknowledge the renovation project. Recommended Motion: Acknowledge receipt of two awards, the Grand Award presented by the Consulting Engineers Council of Minnesota and the Seven Wonders of Engineering Award presented by the Minnesota Society of Professional Engineers, and accept the dedication plaque for the renovation of the Water Plant. Basis of Recommendation: 1. The Consulting Engineers Council of Minnesota and the Minnesota Society of Professional Engineers have chosen to honor the Water Plant renovation project. 2. The recognition of the Water Plant renovation project is due, in large part, to the design team of Orr-Schelen-Mayeron and Associates. 3. The physical construction of the Water Plant renovation project is complete. 4. The physical completion of the renovation project is due, in large part, to Bor-Son Construction, Inc. and Page Electric, Inc., the prime contractors responsible for the general construction of the water softening basins. 5. Efforts continue to improve the operation of the renovated Plant. This final phase of the project has been assisted by SERCO Laboratories. a-i C. 0 Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the March 13, 1995 Council meeting. A slide presentation, outlining the basis of the awards, will be shown. Staff from Orr-Schelen-Mayeron and Associates, Inc., Bor-Son Construction, Inc., Page Electric, Inc., SERCO. Laboratories and the City will be present to participate in acknowledgment of the awards and acceptance of the dedication plaque, and to answer any questions there may be about the project and the awards. Respectfull submitted, Jame . Prosser City anager JDP:ds • CITY OF RICHFIELD, MINNESOTA Council Letter No. 68 Agenda March 13, 1995 Issue Statement: Public hearing and consideration of a housing program and the issuance of revenue bonds to finance the purchase and renovation of Century Court apartments. Background: The City Council gave preliminary approval to the issuance of tax exempt bonds on December 29, 1994 and authorized application for the allocation of bonding authority. This action was taken at the request of Dominium Management Services, Inc. (Dominium). The State subsequently awarded $19,679,000 in bonding authority for the Century Court apartments in Richfield. When preliminary approval was granted, it was given subject to review of the financial and rehabilitation packages. Discussions have been held between staff and Dominium. There are unresolved issues under discussion including the following: • The extent of the rehabilitation plan as compared to the savings from the issuance of tax exempt mortgage revenue bonds. The net savings attributable to the tax exempt status is about $3,500,000; whereas the proposed rehabilitation plan • expends only $2,284,000 over two years in renovation. The staff position is that there should be an expenditure of $3,500,000 in renovation during this two year window. • Whether or in what amount tax credits may be issued. The current structure of the proposed limited partnership does not allow the use of tax credits. If restructured, some 40% of the units would become eligible for tax credits for low-moderate income housing. To obtain additional funding for renovation, Dominium has suggested some 60% of the units, which approximates the current tenant population, be designated for low-moderate income. Staffs position is 40%. • Type of assurance that bonds will be unparked. Staff has suggested that the $200,000 currently being held to ensure the issuance of the bonds be transferred to the City after issuance to ensure that the bonds are not allowed to stay parked, thus preventing the allocation from being used and incurring the negative ramifications thereof. Other issues include: • Amount and interrelationship between issuer's fee and compensation to the City and School District for loss of tax revenues from change in tax classification. • Documentation of basic agreements. • Agreement on management conditions. • Amount of contribution to maintenance reserve. Recommended Motion: It is recommended that the City Council hold the public hearing and receive input on the issue for consideration at the March 27, 1995 Council meeting. Basis of Recommendation: 1. The City Council approved the preliminary resolution on December 29, 1994 2. All parties recognize that some degree of renovation will be required for these apartment complexes. 3. This type of tax exempt revenue bond financing does not become a debt of the City nor is the City responsible in any way for the payment.of the bonds. 4. Staff has had an evaluation made of the buildings by an outside consultant as well as by relevant staff. 5. Unless the underlying documents are restructured, the current owners (Wolfenson and Ratner) would become the limited half interest partners and Dominium would become the general partner and half interest owner. 6. The City Council must take action on the proposal and the HRA is available for discussion and input as appropriate. • 7. Dominium has deposited $25,000 with the City to cover the excess cost of review of the proposal. Alternative Recommendation: 1. Delay action until a further date certain. Discussion/Decision Mode: Final action must be taken at the March 27, 1995 meeting in order to sell the bonds by the April deadline or the right to issue is lost. Res submitted, James . Prosser City Manager JDP:cak 0