01-23-95 AGENDACITY OF RICHFIELD, MINNESOTA
MONDAY, JANUARY 23, 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 MEETING OF JANUARY
9,1995; (2) REGULAR CITY COUNCIL MEETING OF JANUARY 9,1995; (3) SPECIAL
CITY COUNCIL MEETING OF JANUARY 11,1995; (4) SPECIAL CITY COUNCIL MEETING
OF JANUARY 13,1995; AND (5) SPECIAL CITY COUNCIL MEETING OF JANUARY 17,
1995
PRESENTATION
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
AGENDA APPROVAL
2. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
3. 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 SETTING MAY 1, 1995 FOR 1995 LOCAL
BOARD OF REVIEW C.L. 23.
B. CONSIDERATION OF APPROVAL OF RESOLUTION DISBANDING HUMAN
SERVICES COMMISSION SERVING SENIORS AND DISABLED C.L. 24
C. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING EXECUTION
OF GRANT AGREEMENT NO. 71923 TO OBTAIN FEDERAL FUNDS AVAILABLE
UNDER THE ELDERLY AND PERSONS WITH DISABILITIES PROGRAM FOR
D: PROCUREMENT OF COMMUNITY CENTER BUS C.L. 25
CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING PUBLIC
SALE OF TAX FORFEITED PROPERTY LOCATED AT 6426 EMERSON AVENUE
C.L. 26
E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
. PARK SIGNS FROM REDWOOD SIGNS, INC. IN AMOUNT OF $9,303.84 C.L. 27
F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
RANGE BALLS FOR RICH ACRES DRIVING RANGE FROM SPALDING IN
AMOUNT OF $6,942.06 C.L. 28
G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
1994 WATER APPROPRIATION PERMIT FROM MINNESOTA DEPARTMENT OF
NATURAL RESOURCES IN AMOUNT OF $5,841 C.L. 29
H. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
CHANGE ORDER FOR DREDGING AT WATER PLANT AND CHRISTIAN PARK
FROM STAN POND SERVICES IN AMOUNT OF $31,772.50 C.L. 30
1. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR HEAVY
TRUCKS FOR USE BY COMMUNITY SERVICES DIVISIONS FROM LAKELAND
FORD TRUCK SALES, INC. THROUGH HENNEPIN COUNTY CONTRACT IN
TOTAL AMOUNT OF $134,954 C.L. 31
J. ESTIMATE #2 PAYMENT FOR CONSTRUCTION OF SHELTER BUILDING AT
WASHINGTON PARK CP897; C.K,C. CONSTRUCTION, INC.; $63,146.00
• K. FIRST AND FINAL PAYMENT FOR LIME SLUDGE EXCAVATION AND REMOVAL
AND APPURTENANT WORK; STAN POND SERVICES; $126,772.50
L. CONSIDERATION OF APPROVAL OF 1995 LICENSE RENEWALS:
C&J ROLL OFF SERVICE: GARBAGE HAULER, 1 VEHICLE
BROWNING-FERRIS IND.: GARBAGE HAULER, 11 VEHICLES
QUALITY WASTE CONTROL, INC.: GARBAGE HAULER, 6 VEHICLES
RANDY'S SANITATION, INC.: GARBAGE HAULER, 4 VEHICLES
TOTAL SANITATION COMPANY: GARBAGE HAULER, 1 VEHICLE
TOWN TAXI, INC.: 9 VEHICLES
PUBLIC HEARING
4. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION
11.5509, SUBD. 3 OF CITY'S ORDINANCE CODE REGULATING UNNECESSARY
NOISE BY LICENSED AUTO DEALERS
COUNCIL LETTER NO. 32
RESOLUTIONS
5. CONSIDERATION OF. RESOLUTION REQUESTING MNDOT FUNDING FOR 1)
RICHFIELD LAKE OUTLET, 2) WOOD LAKE DREDGING, AND 3) 1-494 FRONTAGE
ROAD FROM PENN AVENUE TO XERXES AVENUE
COUNCIL LETTER NO. 33
ADMINISTRATIVE REPORTS & OTHER BUSINESS
do 6. CONSIDERATION OF PROPOSED AMENDMENT TO AGREEMENT WITH CSM
CONCERNING EMERSON AVENUE
COUNCIL LETTER NO. 34
7. CONSIDERATION OF PROGRAM STATUS REPORT FROM HOPE, PRESBYTERIAN
CHURCH REGARDING INTERMITTENT HOMELESS SHELTER AS PART OF
INTERFAITH HOSPITALITY NETWORK
COUNCIL LETTER NO. 35
8. CONSIDERATION OF 1995 SWIMMING POOL FEES AND CHARGES
COUNCIL LETTER NO. 36
9. CONSIDERATION OF APPOINTMENTS OF PERSONS TO VARIOUS CITY
ADVISORY BOARD AND COMMISSIONS
COUNCIL LETTER NO. 37
• AIRPORT BUSINESS
10. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
11. 77TH STREET PROJECT STATUS REPORT
CORRESPONDENCE
12. LEGISLATIVE REPORT
COUNCIL CHOICE
13. COUNCIL DISCUSSION ITEMS
14. CLAIMS AND PAYROLLS
15. ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request. Requests
must be made at least 96 hours in advance to the Administrative Services Director at
861-9702.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 3 7
Agenda January 23, 1995
Issue Statement:
Appointments of persons to various Advisory Boards and Commissions.
Background:
Several terms of City Board and Commission Members expire on January 31, 1995. In
addition, some Commissions have vacancies resulting from resignations. Vacancies
were advertised in the Richfield Sun Current and Your City newsletter, and on cable
channel 34.
Applicants were interviewed on January 11, 13 and 17, 1995.
Recommended Motion:
Appoint persons to fill the terms on the various Boards and Commissions.
Basis of Recommendation:
1. Terms of several Board and Commission Members expire on January 31, 1995.
. 2. In order to assure quorums for future meetings, appointments should be made at this
time.
Alternative Recommendation:
.1. Defer appointments to a later Council meeting.
Discussion/Decision Mode:
This item is placed on the January 23, 1995 Council agenda for Council consideration.
Appointments will become effective February 1, 1995.
Respectfully submitted,
t
6Lve L. Devich 4?4
Acting City Manager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 3 6
Agenda January 23, 1995
Issue Statement:
Consideration of 1995 swimming pool fees and charges.
Background:
During the annual budget hearings, the City Council reviews and takes action on fees
and charges. The Community Services Commission, prior to the budget hearings,
reviews and makes recommendations on those fees in its scope of responsibility. At
the time of the December 7, 1994 hearing for the 1995 budget, the commission had
made recommendations on all fees except the 1995 swimming pool fees.
Staff researched pool fees at Edina and Bloomington, our two closest market
competitors, and found that both those facilities will have inclusive fees for their pool
complexes in 1995. Edina has a smaller slide while Bloomington's slide is similar to
Richfield's slide. Decision Resources, Inc. was contracted to perform an attitude survey
of 1994 pool users (season pass holders and daily admission visitors) to determine their
attitude toward a fee increase including the use of the waterslide. Results indicated
that a daily fee increase to $5 would be acceptable to a significant number of pool
• users, and a sufficient number of pass holders would accept an increase to $35 for a
single and $54 for a two person pass. Their opinion was that the pool would receive at
least a 5% increase in revenues, all other things (such as weather) being equal. This
also assumes that a percent of season pass holders might purchase a smaller number
of passes per family and some daily users may not come as often.
At the commission meeting of January 10, 1995, the commission continued its
discussion of 1995 swimming pool fees. It is the recommendation of the commission
and staff that waterslide bands and the separate charge for same be eliminated and
that use of the waterslide be included with the pool admission fees. The commission
has further recommended that the 1995 regular daily admission fees be $5, $3 for
those under 42" tall; that the regular single season pass fee be $35; and that the
regular family season pass be $54 for the first two names and $12.for each additional
name after the first two names.
Recommended Motion:
Approve the 1995 swimming pool fees and charges as recommended by the
Community Services Commission and City staff.
Basis of Recommendation:
1. The proposed fees are reasonable based on the ability to pay one fee to enjoy the
amenities of the swimming pool complex including the waterslide.
•
5 '. i
r 2. The proposed fees are reasonable based on the results of a survey of 1994 pool
users who indicated a willingness to pay a higher fee to have use of the waterslide
combined with use of other swimming pool features.
3. The proposed fees are reasonable compared to 1995 fees proposed to be
charged by neighboring communities and similar swimming pool operations.
Alternative Recommendation:
1. Do not change the system of pool admission; i.e., charge a separate fee for use of
the waterslide.
2. Increase the rates to be charged for season pool passes. For example, charging
$.14 for each name over two on a family pass is estimated to provide an additional
$5,000 in revenue.
Discussion/Decision Mode:
This item is on the January 23, 1995 Council agenda. Action is requested at this
meeting to provide adequate time to notify the public of any change in the admission
charge system for 1995. Council may choose to delay action for °a meeting or two but
to delay much longer would make it difficult to meet publication deadlines for brochures.
. Res ectfully submitted,
- "Stev L. ich
Acting City Mana er
SLD:ds
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 35
Agenda January 23, 1995
Issue Statement:
Receipt of status report from Hope Presbyterian Church on its intermittent homeless
shelter as part of the Interfaith Hospitality Network.
Background:
The City Council approved a conditional use permit for Hope Presbyterian Church on
July 11, 1994 to operate an intermittent homeless shelter (Interfaith Hospitality
Network). There were a number of.conditions imposed including that the church
provide a status report in January 1995. The report is attached.
Recommended Motion:
Consider the attached status report.
Basis of Recommendation:
1. The City Council approved the conditional use permit on the condition that the
church provide a status report in January 1995..
• 2. The church conducted a neighborhood meeting before the first week of the program.
3. Neither Community Development nor Public Safety received any complaints during
the three weeks of operation.
4. The church appears to be operating within the parameters of the conditions set.
Alternative Recommendation:
The City Council could request periodic status reports.
Discussion/Decision Mode:
No action need be taken by the City Council. The status report is in response to a
specific condition of the conditional use permit.
Respectfully submitted,
even" L. D vich
Acting City Manager
SLD:ds
1")_/
Conditions of approval on July 11, 1994 of a conditional use permit for Hope
Presbyterian Church, 7132 Portland Avenue, to operate an intermittent homeless
shelter (Interfaith Hospitality Network):
1. That the shelter be limited to operate a maximum of four weeks per year and
. no more than two weeks per quarter.
2. That no more than 16 persons be served by the shelter at one time.
3. That the shelter not serve those actively abusing drugs or alcohol, those with
severe mental illness, or those fleeing physical abuse.
4. That meals for those served by the shelter be prepared on-site or in a
commercial kitchen.
5. That all building, fire, and health codes be met prior to operation.
6. That the church organize and conduct a neighborhood meeting by
September 5, 1994. The purpose of such meeting shall be to provide
information and receive input regarding the operation of the IHN Program;
and to provide the neighborhood with contact procedures to deal with
• neighborhood questions or concerns regarding operation of the IHN Program.
7. That the church provide a status report regarding the IHN Program to the City
Council in January of 1995.
0
/ 0L
January 9, 1995
Byron Wallace, Community Development Director
City of Richfield
6700 Portland Ave.
Richfield, MN 55423
Dear Mr. Wallace,
since receiving the conditional use permit last July, Hope Church
has operated an intermittent homeless shelter (IHN) during three
week periods: September 4-11 and December 24-January 8, 1995. A
total of 40 persons (12 adults and 28 children) have been housed at
varying lengths of stay while they have searched for affordable,
appropriate housing. The program and the guests have been received
with enthusiasm and approval by the church. Over 250 members and
several non-members from the community have volunteered in some
capacity in this ministry.
Prior to hosting our first week, Hope invited the neighbors to an
open house at the church. Three persons came to tour the facility.
We have received no questions or complaints from the neighbors
while hosting IHN.
• Pending approval of Hope's governing body, we are scheduled to
provide shelter again for a week each in April, July and October of
1995. We will notify the City of Richfield of exact dates when
that approval is granted.
Sincerely,
Hope Presbyterian Church
Betty Selness, Co-Coordinator of IHN
Copy: Keith Koenig
Session of Hope Presbyterian Church
0
,CITY OF RICHFIELD, MINNESOTA
Council Letter No. 34
Agenda January 23, 1995
Issue Statement:
Approval of proposed amendment to agreement with CSM concerning Emerson
Avenue.
Background:
On August 1, 1994, the City Council approved an agreement which permitted CSM to
utilize Emerson Avenue between 77th and 78th Streets for parking and to assume
responsibilities for related operational activities. The additional parking on the Emerson
Avenue property is needed to satisfy the parking requirements of Phase I. The Council
Letter and agreement from August 1 are attached to this letter.
The agreement provides that the City may terminate it if any of the events identified in
paragraph 8. a., b. or c. occur. Paragraph 8.a. allows termination by the City if CSM
defaults on obligations in its contract with the HRA for either Phase I or Phase 11.
Paragraph 1.a. in the proposed Amendment To Agreement would modify paragraph
8.a. The proposed modification would permit termination by the City if CSM defaults on
obligations in its contract with the HRA, but only if the non-compliance took place in
Phase 1.
CSM has requested this amendment to the original agreement in conjunction with their
financing package. Phase I has previously been financed internally. CSM is now
seeking to close a loan with a commercial lender for Phase I. As part of the
requirements of the financing, the lender must be accountable only for Phase I since
the financing is limited to Phase I. Thus, the lender has requested this amendment to
separate this Phase I and Phase II responsibility.
Recommended Motion:
Approve the attached Amendment To Agreement concerning Emerson Avenue.
Basis of Recommendation:
1. Because the majority of Phase I is complete, CSM is seeking to close on a loan with
a lender (Phase I was financed internally by CSM).
2. The refinancing is only for Phase I and the lender must control and be accountable
only for Phase I. Thus, the lender is requesting this amendment.
3. The City Council took action on November 14 to give the lender control of Emerson
Avenue should CSM default.
6-?
• 4. The HRA, on November 14, approved subordinating its.interest in the Phase I
redevelopment to the lender.
Alternative Recommendation:
1. Delay action.
2. Refuse to approve.
Discussion/Decision Mode:
The loan cannot be closed expeditiously without approval of this amendment. Action is
requested on January 23 in order to continue to proceed with Phase I ,of the project on
a timely basis.
Respectfully submitted,
ASteven L. evic
Acting City Manager
SLD:ds
0
40
V f'V
CITY OF RICHFIELD, MINNESOTA
Council. Letter N0.213
Agenda August 1, 1994
Issue Statement:
Approval of agreement with CSM for use of Emerson Avenue for
motor vehicle parking.
Background:
With CSM's•initial proposal, all of its parking needs were to'be
met.on property it-was to redevelop. However, when others were
invited to submit concept proposals for the Phase II area, it
became necessary for CSM to meet its parking needs on land not
included in Phase II (CSM's status with regards to Phase II may
not be known until November). The use of Emerson Avenue between
78th and 77th Streets is the only way that Phase I parking needs
may be met.
The attached agreement would permit CSM to utilize Emerson Avenue
between 77th and 78th Streets. It provides the following:
1. CSM may use the street for ingress and egress as well as
parking.
2. The use must be as depicted in Exhibit B to the agreement.
. 3. CSM
reco is responsible
nstruction
Th for any costs related to construction or
l
.
e p
ans must be reviewed and approved by
the City and the work proceed as a City project.
4. CSM is responsible for maintenance and repair.
5. CSM may not engage in activities which could result in a lien
against the street.
6. CSM is responsible for insuring the*City against liability.
7. CSM is to indemnify the City and its representatives against
any claims arising from its use of the street.
8. CSM is responsible for taxes if levied against the street.
9. CSM grants the City the right to maintain utilities beneath
the street.
10. CSM may not assign or transfer its interest in this agreement
without consent of the City.
Recommended Motion:
Adopt a motion approving the agreement and authorizing the Mayor
and City Manager to execute it.
is
G
Basis of Recommendation:
1. With the removal of the existing development, Emerson Avenue
will not directly service any users.
2. Phase I development needs more parking area.
3. Emerson Avenue could provide the additional parking area.
4. The proposed agreement adequately protects the City.
.Alternative Recommendation:
1. Refuse to approve the agreement.
2. Delay action on the agreement.
Discussion/Decision Mode:
The redevelopment of Phase I cannot proceed without assurance of
adequate parking.
submitted,
JDP:ds
0
James Prosser
City M nager
Ui/16/95 15:19 .r'-1 612 b4 2404 CS)l WRPURATiU.N IMUUZ%Uli
FINAL
AGRI+IIMT
THIS AGREEMENT made and entered into this -L day of - 1994 by
and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the
"City") and CSM INVESTORS, INC., a Minnesota corporation ("CSM").
WITNESSETH:
1. The City maintains and operates Emerson Avenue South ("Emerson") as
part of its public roadway system.
2. A Portion of Emerson lying between 77th Street on the north and 78th
Street on the south is within and immediately west of the westerly line
of the Phase I property which is to be developed by CSM. That portion
of Emerson (the "Portion") is described in the attached Exhibit A.
• 3. In furtherance of the CSM development, it has asked the City for
permission to utilize the Portion for certain activities and uses which
are fully described in this Agreement, including, without limitation, the
parking of motor vehicles and for ingress and egress.
4. The City council has reviewed the request including the proposed
parking layout' to be located on the Portion and has received the
recommendations of staff.
THEREFORE, on the basis of the foregoing and upon the mutual undertakings
and promises herein contained, the parties hereto stipulate and agree as follows:
1. Use of Portion. Subject to the limitations hereinafter contained, CSM
shall have the right to occupy and use the Portion for certain activities
and uses which are fully described in this Agreement, including,
without limitation, the parking of motor vehicles and for ingress and
egress.
2. Design . The use and occupancy shall be in accordance with the design
layout which is attached hereto as Exhibit B. No modification to the
design may occur without the prior written consent of the City.
JED73645
RC12S-6e 1
U1%16%95 15: 20 1-11 61G b46 Z4U4 LSli %UR?UK:\11U\ WJUUJ- Ule
3. Construction. CSM shall be entirely responsible for the cost of
construction and reconstruction upon the Portion during the term of
this Agreement. CSM may proceed with installation of the initial
improvements shown on Exhibit B together with the removal and/or
installation of utilities within the portion immediately following approval
of the plans and specifications for such work by the city engineer, In
the event that CSM shall, following completion of the initial
construction, determine that it is necessary, to carry out construction
or reconstruction work within the Portion, it shall proceed as follows :
a. It shall notify the City of such determination and may, with such
notification request that the City undertake the construction or
reconstruction as a city project. The notification shall also
contain proposed plans and specifications for the construction or
reconstruction.
b. The City shall, within 10 days following such notice of
determination, review the proposed plans and specifications,
and, in the event that they are in conformity with the standards
for construction or reconstruction of public streets, shall either
i) let the contract for bid, or, ii) permit CSM to proceed with the
work.
C, If CSM is to be permitted to proceed with the work, the City may
place such procedural or other requirements on CSM as it deems
• appropriate for construction work or a public street.
d. No construction or reconstruction of the portion may take place
whether by CSM or the City until CSM has, in the City's
reasonable judgment, paid or secured payment of the entire cost
of such construction or reconstruction.
4. Maintenance and Re air. CSM shah, be entirely responsible for the
maintenance and repair of the Portion during the term of this
Agreement. Maintenance and repair shall include without limitation
patching, filling, sealing, coating, stripping, the removal of rubbish,
debris, snow and ice. CSM shall provide the City with written notice
at least five days in advance of maintenance and repair activities which
are likely to result in a disruption of the use of the Portion for a period
of more than one day; and shall obtain the City's written consent before
undertaking any repair or maintenance activity having a cost of $10, 000
or more.
5. Liens and Encumbrances. CSM agrees that during the term of this
Agreement it shall not permit or suffer any liens or encumbrances to be
placed against the Portion, nor shall it during such term engage in any
activity which would cause or result in the placement of any liens or
circumstances against the Portion.
6. Insurance In addition to CSM's obligations under paragraph 7 below,
CS1V agrees to obtain and keep in place one or more policies of liability
• insurance, in an amount and form aoceptable to the City, which insure
against the risk of property damage, personal injury or death
occasioned by or arising out of CSM's use and occupancy of the Portion.
JBD73645
RC125-68 n
?a?? ?uriruxiiu_?
d 004 017
Said policy or policies of insurance shall, as they relate to the Portion,
name the City as an addition
l i
a
nsured.
7. Indemnity. CSM shall indemnify, release, defend and save harmless the
Cityits fficers, agents and em
lo
e
s f
o
p
y
e
r
m all claims, or whatever
nature, and including claims for punitive d
'amages • for contractual
liability
pro
ert
d
,
p
y
amage,
personal injury or death occasioned by or
arising out of CSM's occupancy and use repair, maint
enance,
construction-and reconstruction of the Portion. The provisions of this
paragraph shall not be deemed to constitute a waiver of th
li
b
e
a
ility
limits contained in Minnesota Statutes, Chapter 466; nor shall the
provisions of this paragraph apply to th
t
e ex
ent that any claim for
damages is based upon the City's negligence.
8 • Term. This Agreement shall retrain in full force and effect until
te`xminated by the happening of any of the following:
a. CSM is in default of its obligations hereunder or under its
contract for private redevelopment with the Richfield Hou
i
s
ng
and Redevelopment Authority date April 29 1994 (the
"Contract"), and has failed t
o cure such default under this
Agreement within 30 days of written notice by the Cit
o
h
y
r
as
failed to promptly commence and pursue cure activities in
instances in which the cure will take more than 30 da
s
or h
y
;
as failed to effect a cure in the time required under the
Contract for any default the
eu
d
r
n
er.
- b. The City makes available for purchase an alternative area which
can be developed to contain at least the
same number of parking
spaces; and which is as accessible to the Phase I development as
is the Porti
on. The purchase price shall be an amount equal to
the cost and expenses which th
e City incurs in acquiring such
land.
C. The City, whether or not being first asked by CSM to do s
,
o
vacates Emerson lying within the Portion and offers the Portion
for sale to CSM
at an amount equal to the City's costs and
expense to acquire.
In the event the City proceeds under either paragraphs b or c of this
Section 8
t
i
,
erm
nation shall be effective 30 days following the date of
the offer to sell an alternative
r
a
ea or the offer of sale of the portion
following vocation; provided, however, that if within such
eriod CSM
h
ll
p
s
a
accept such offer, then this agreement shall not terminate until
the parties, have a reasonable ti
me to complete the transactions; and in
the event of an 8b transaction such additional time
i
as
s reasonably
necessary to complete construction on the alternative improvements.
In the event of a termi
ti
na
on, the City shall grant CSM an easement to
maintain any utilities owned and used by CSM located within the
Portion
but
,
only if and to the extent that such grant will not
unreasonable interfere with the city's use of the Portion followin
termination
N
ti • g
.
othing in this paragraph 8 shall be deemed as a waiver
by the City of its right to seek
i
, as
t sees fit, to terminate the int
of CSM in the Portion through the exercise of eminent domain. erect
JBD73645
AC125-68 .
3
01, ,16/95 15:21 FA-1 612 646 2404 CSh CORPORAIW.N 4LUU51'U17
9. Taxes. In the event that the Portion should become taxable as a result
of its use and occupancy as provided herein, CSM agrees that it will,
promptly when due and before penalty attaches, pay all real estate
taxes and installments on special assessments.
10. Utilities. CSM acknowledges that the indemnity contained in paragraph
7 of this agreement is intended to release the City, its officers, agents
and employees from any damage done to the Portion as the result of the
City's repair, replacement or maintenance of the City utility services
located within the Portion. CSM acknowledges that the reasonable cost
of restoring the surface following any such City activities is GSM's
responsibility. CSM also agrees that the City and its agents have the
right to enter upon the Portion and do all things reasonably necessary
and proper to carry out such activities, The City agrees that it will
exercise reasonable care to limit any disruption caused by such work.
11. Usase, The City specifically retains the right to authorize others to
use the Portion for parking purposes and ingress and egress thereto
but only to the extent that suitable arrangements are made to provide
alternative parking of location and sufficient number of spaces to
compensate for the reasonably anticipated impact of such usage on
CSM's parking requirements. Such arrangement shall also reasonably
address maintenance, repair, cost and liability issues.
12. Assignment. The rights granted to CSM hereunder may be transferred
• only in connection with a transfer or the Phase I property in accordance
with the provisions of Articles VIII or IX of the Contract.
.L F
IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the
day and year first above written.
CITY OF RICHFIELD
By
9
M-,0J
Its
By
Its
•
JID73645
RC125-6s
4
U1%16/95 15:26 612 1146 24U4 CS.A CUX?URA!1U=i WQUUU:U17
(0_3
61
CS
By
11
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing i.nst ent was a owleT3 ed before me this L day of
• (.{,te . , 1994 by ?c. .e -the
oC '
77 L?k Investors, Ino., a Minnesa corporation, n behalf of the corporation.
Notary Public
C;Of{i IM- r'.. HMNE
NOTARY PUBLIC • MINNIMOTA
RAM1U COUN'T'Y
luly mmmM6,1 axptrN is .ot
•
5
U1:18:95 15:22- FAX 612 646 24U4 CSM CORPORATION 4j,008;017
a
EXHIBIT A
That part of the West 30 feet of the East Half of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24,
Hennepin County, Minnesota which lies South of the North 240 feet thereof except
part taken for highway.
and
The East 30 feet of the West Half of the Southeast Quarter of the Southwest Quarter
of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County,
Minnesota, except that part taken for highway purposes.
and
The West 30 feet of the North 240 feet of the East Half of the Southeast Quarter of
the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range
24, Hennepin County, Minnesota.
JB072645
RC125-6e
6
01/18/95 15:23 FAX 612 646 2404 CSM CORPORATION Z 009/017
?'- 0
EXHIBIT B
The design layout as shown in the Final Development plan approved on August 1,
1991 by the Richfield City Council and the Housing and Redevelopment Authority in
and for the City of Richfield, a copy of which is on file in the office of the Community
Development Director for the City of Richfield, is incorporated herein as though
fully set forth at this point.
•
JMD73645
Pwin-68 7
'95 14:58 HOLMES & GRAVEN
AMENDMENT TO AGREEMENT
CONCERNING EaI1FRSt' N AVENUE
THIS AGREEMENT made and entered into as of this day of January, 1895
by and between the CITY OF RICHFIELD a Minnesota muntci pal corporation ("City}f)
and CSM INVESTORS, INC., a Minnesota corporation ("CSM" )
WITNESSETH #*
WHEREAS, on , 1994 the City and CSM entered into an agreement
"Agreement's whereby CSM was given the right to use and occupy a portion of
Emerson, Avenue South together with certain other rights all in accordance with the
terms of such agreement; and
WHEREAS, the Agreement remains in full force and effect; and
WHEREAS, the parties are now desirous that the agreement be amended as
hereinafter provided.
NOW, THEREFORE, in consideration of the mutual promises and obligations
hereinafter contained and other consideration which the parties each deem adequate,
the parties hereby stipulate and agree as follows
I . Subparagraph a to paragraph 8 is hereby amended to read as follows :
a. CSM is in default of its obligations hereunder or under its
contract for private redevelopment with the Richfield Housing
and Redevelopment Authority dated April 29, 1994 (the
"Contract") (but only if such default relates to CSM's obligations
with respect to Phase I), and has failed to cure such default
under this Agreement within 30 days of written notice by the city
or has failed to promptly commence and pursue cure activities in
instances in which the cure will take more than 34 days; or has
failed to effect a cure in the time required under the Contract for
any default thereunder.
2. In all other respects the Agreement remains unamended and in full force
and effect.
JED82507
RC12s-6s
14:5e HOLMES & GRAVEN F.3
is
IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the
day and year first above written.
CITY OF LICHFIELD
By
Its
By Its
CSM INVESTORS, .INC.
By
Its
i
I
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1995, by and
the Mayor and City Manager, respective, on halt o the City o Richfield,
Minnesota, a Minnesota municipal corporation.
Notary Public
STATE OF MINNESOTA
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1995, by and
respectively, of CSM Investors, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
JEn82507
RC228-68
s
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 33
Agenda January 23, 1995
Issue Statement:
Consideration of resolution requesting MnDOT funding for 1) Richfield Lake outlet, 2)
Wood Lake dredging, 3) 1-494 frontage road from Penn Avenue to Xerxes Avenue.
Background:
The Minnesota Department of Transportation (MnDOT) annually solicits proposals for
projects from cities. City staff has identified three projects for consideration:
1. RICHFIELD LAKE STORMWATER OUTLET
The 1995 Capital Improvement Budget lists the Richfield Lake outlet project at
$275,000 using stormwater utility funds. The project provides flood protection to the
homes around Richfield Lake. In addition, this project provides an outlet for stormwater
from I-35W. The importance of an outlet to Richfield Lake has been discussed as part
of the 1-35W Environmental Impact Statement (EIS) review process.
1-35W EIS drainage alternatives to an outlet are very expensive. However, even
• relatively minor 1-35W/Crosstown projects increase drainage to landlocked Richfield
Lake. The new T.H. 121/Crosstown entrance ramp added runoff to Richfield Lake. An
extension of the I-35W "third lane" from 76th Street to 46th Street would also add
stormwater runoff to landlocked Richfield Lake. Therefore, it is in MnDOT's interest to
provide an outlet to Richfield Lake for the benefit of various projects built, designed and
planned. Staff proposes to request funding from MnDOT in the amount of $300,000.
2. WOOD LAKE DREDGING
This project is identified in the City's Capital Improvement Program for 1996 at a cost of
$250,000. The same projects mentioned above in the Richfield Lake discussion affect
Wood Lake. However, flooding or the quantity of water is not the issue at Wood Lake.
Rather, stormwater quality issues are the concern. The long term effect of washing
sediment and nutrients into Wood Lake is the filling in of the open water areas. Since
MnDOT does not pay into our stormwater utility for ongoing maintenance of
downstream receiving water bodies, staff proposes to request 100% participation in the
dredging.
3. 1-494 FRONTAGE ROAD PENN TO XERXES
The 1-494 frontage road between Penn Avenue and Xerxes Avenue is under MnDOT
jurisdiction. The City of Richfield has maintenance responsibilities such as
snowplowing and sealcoating. The street has deteriorated beyond Richfield's ability to
maintain; therefore, a request to MnDOT for funding of a surface overlay seems
? i
reasonable. A well established MnDOT policy allows for a 1 1/2 inch overlay on a 24
foot wide surface. The plan calls for a two inch overlay on the full 30-32 foot street with
some milling and surface preparation to extend the life of the overlay. The City portion
of the proposed project is eligible for Municipal State Aid (MSA gas tax) funding. The
request would be for MnDOT participation to the extent allowed by their policy or
approximately $15,000-20,000 of the expected $60,000 cost.
Recommended Motion:
Approve the attached resolution authorizing a request for MnDOT funding of 1)
Richfield Lake outlet, 2) Wood Lake dredging, and 3) 1-494 frontage road Penn-Xerxes.
Basis of Recommendation:
1. The work proposed in the three projects is necessary.
2. It is the opinion of City staff that the proposed projects are eligible for MnDOT
funding.
3. Following Council authorization, staff will approach MnDOT with a request for
maximum possible funding of the proposed projects.
Alternative Recommendation:
. 1. Do not authorize the projects.
2. Fund the projects without financial assistance form MnDOT.
Discussion/Decision Mode:
Council is asked to take action January 23, 1995 to allow staff sufficient time to work
with MnDOT to obtain funding to do the proposed projects in a timely manner.
Acting City Manager
SLD:cak
0
5-- L?'
RESOLUTION NO.
0 RESOLUTION AUTHORIZING REQUEST FOR FUNDING FROM MNDOT FOR
PURPOSES OF PROVIDING A RICHFIELD LAKE OUTLET, DREDGING OF WOOD
LAKE AND AN OVERLAY OF THE 1-494 FRONTAGE ROAD FROM PENN AVENUE
TO XERXES AVENUE.
WHEREAS, transportation infrastructure changes have increased and will
continue to increase the stormwater holding capacity demand upon Richfield Lake; and
WHEREAS, the long term effect of the transportation infrastruction has and will
continue to have a detrimental impact on the stormwater quality and holding capacity of
Wood Lake; and
WHEREAS, the 1-494 frontage road between Penn Avenue and Xerxes Avenue
is in need of a significant surface overlay.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that
City staff is hereby authorized to request maximum possible funding participation from
the Minnesota Department of Transportation for necessary mitigation of the above
referenced concerns.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of January,
1995.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 32
Agenda January 23, 1995
Issue Statement:
Public hearing and second reading of an ordinance amending Section 11.5509, Subd.
3, of the City of Richfield's Code of Ordinances regulating unnecessary noise by
licensed auto dealers.
Background:
For the past few years, the City has received complaints from neighbors in the area of
automobile dealers regarding the use of the dealer's loudspeaker systems. Nothing the
dealers have done thus far to minimize these problems has been able to reduce the
amount of complaints.
Recently, one dealer had a special sale on a Saturday and their system could be heard
several blocks away. Numerous complaints were received by Public Safety regarding
that event.
The current ordinance relating to this issue lacks specificity. As a result, the ordinance
frustrates Public Safety staff and citizens because staff seem powerless to curtail the
. noise.
At a recent meeting, the City Council directed staff to amend the ordinance code to
address this problem. The proposed ordinance appears to accomplish that purpose,
although it is directed only at licensed auto dealers. However, this should be sufficient
since this noise issue has not been a problem in other parts of the business community.
The first reading of this ordinance amendment took place on December 12, 1994. The
public hearing and second reading were scheduled for January 23, 1995.
Recommended Motion:
Conduct a public hearing and approve the attached ordinance amending. Section
1155.09. Subd. 3, of the Richfield Code of Ordinances regulating automobile dealers
and disturbances to adjacent properties.
Basis of Recommendation:
1. Staff continues to receive complaints regarding noise disturbances at several of the
car dealerships in the City.
2. Staff is following the direction given them by the Richfield City Council to resolve this
problem.
4 ,I
Alternative Recommendation:
1. Do nothing. Leave the ordinance as is and see if the auto dealers will police
themselves. This, however, has not worked to date. Public Safety will continue to
get complaints as will members of the City Council.
2. Instruct staff to amend the ordinance to ban loudspeaker systems altogether. This
may be the end result if it is legally permissible and if this (the proposed ordinance)
fails to work.
Discussion/Decision Mode:
Conduct a public hearing and approve second reading of an ordinance amending
Section 1155.09, Subd. 3, of the Richfield Code of Ordinances regulating automobile
dealers and disturbances to adjacent properties.
Respectfully submitted,
eve L. Devich
Acting City Manager
0 SLD:ds
BILL NO.
AMENDMENT TO SECTION 1155
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
1. Subsection 1155.09 of the Ordinance Code of the City of Richfield is hereby
amended by amending subdivision 3 thereof to read as follows:
Subd. 3. Disturbances to adjacent property. The licensee may not permit the
unnecessary blowing of horns, flashing of lights, racing of motors or any other activity
that disturbs the occupants of neighboring property. Floodlights may not be used on
the premises, however, string lights of a reflector type may be used. No device for the
broadcastin, or r amplifying of sound may be used which can be heard at a distance of
more than 100 feet from the licensee's property line: or which would otherwise be
reasonably expected to annoy or disturb the public.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of January,
1995.
0
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
3T
CITY OF RICHFIELD,: MINNESOTA
Council Letter No. 31
Agenda January 23, 1995
Issue Statement:
Consideration of purchase of heavy trucks for use by Community Services divisions.
Back around:
Three fully depreciated heavy trucks have been budgeted for replacement in 1995: Unit
#271, a 1983 flusher truck used by the Street and Park Maintenance divisions; Unit
#324, a 1988 jetter truck used by the Sewer Division; and Unit #284, a 1984 Vac All
truck used primarily by the Street Maintenance Division.
At the time replacement recommendations were made, the Vac All was used
extensively to pick up asphalt in the street repair operation. Since then staff have found
that, with the correct broom attachment, the sweepers work very well for this process in
most situations. Staff now believes that replacing the Vac All at this time would not be
the best course of action. With reduced use, this machine should last a few more
years.
Instead of replacing the Vac All, staff recommends replacing Unit #290, a 1985 truck
mounted with a 1978 Barco brush picker. This is the second truck the brush picker has
been mounted on and, although the truck is not scheduled to be replaced until 1996,
the brush picker is not going to last until then. Maintenance is becoming a problem and
the machine is too small to lift logs of the proper length to be marketable as saw logs.
Both the truck and the picker should be replaced as one unit.
The lowest responsible bidder through the Hennepin County bid process for the cab-
chassis for these three units was Lakeland Ford Truck Sales as follows:
To replace Unit #271 - the flush truck
Ford CF8000 single axle tilt cab
chassis 36,000 GVW (gross vehicle weight) $38,792
To replace Unit #324 - the jetter truck
Ford L8000 single axle cab
chassis 33,000 GVW $36,462
To replace Unit #290 - the log truck
Ford LT9000 double axle cab
chassis 54,000 GVW $59,700
The approved 1995 Garage Motor Pool budget contains $293,000 for these vehicles.
• The balance of the funds will be available to purchase the flusher, jetter and log picker
attachments for these trucks. These attachments are estimated to cost $110,000 to
01J l
• $115,000. Trade-in value of existing equipment is unknown at this time. The
anticipated savings of approximately $48,000 is because of purchasing the chasis, box
and log picker instead of replacing the Vac All.
Recommended Motion:
Approve a purchase order to Lakeland Ford Truck Sales Inc. through Hennepin County
Contract No. 330884-232 in the total amount of $134,954.
Basis of Recommendation:
1. Several dealers of heavy trucks were requested to bid the County's predetermined
specifications. Of the bids submitted, Lakeland Ford Truck Sales, Inc. was the
lowest responsible bidder.
2. Bids are within the budgeted amount for these units.
Alternative Recommendation:
Council may choose to reject the bids and request staff to obtain bids from other
sources in an attempt to receive a lower purchase price. However, staff does not
believe better prices can be obtained from a responsible manufacturer.
Discussion/Decision Mode:
• The purchase price is guaranteed through February 10, 1995; therefore, in order to take
advantage of the low bid, staff is requesting approval of the purchase of these vehicles
at the January 23, 1995 Council meeting.
Ily submitted,
Acting City Manager
SLD:ds
J? 7
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 3 0
Agenda January 23, 1995
Issue Statement:
Change order in the amount of $31,772.50 for Stan Pond Services for dredging at the
Water Plant and Christian Park.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
The City Council awarded a contract to Stan Pond Services for $95,000 to dredge the
lime sludge pond at the Water Plant and the pond at Christian Park and to remove a
dike at the Water Plant. The contract was bid on a per cubic yard basis because it is
difficult to get exact measurements prior to the dredging.
The estimated quantities turned out to be low. In addition, City staff eliminated the dike
removal at the Water Plant from the contract in order to retain emergency use of the
lime sludge pond until a backup pump for filter backwash has been installed. Once the
• pump is installed, the dike will be removed at a later date. The net result is that in
addition to the original $95,000 authorized for this work, another $31,772.50 will be
needed to complete the dredging operations.
The following is a breakdown of the contract showing the net $31,772.50 change order:
Lime sludge excavation
Storm pond dredging
Loading dike materials
1,209 yds. @ $12.50 = $15,112.50
2,055 yds. @ $12.00 = 24,660.00
(eliminated) (8.000.00)
$31,772.50
Recommended Motion:
Approve the Change Order amount of $31,772.50 to Stan Pond Services.
Basis of Recommendation:
1. The work has been completed and required more dredging and removal than
originally estimated.
2. The City should now process a change order to authorize payment for these
additional services.
Alternative Recommendation:
None, the work was necessary and must be paid for.
Discussion/Decision Mode:
• This item has been scheduled for the January 23, 1995 City Council agenda. It is
recommended that action be taken at that time to provide timely payment to the
contractor.
Respectfully submitted,
i
en . evic
Acting City Manager
SLD:ds
11
1?
'5G
CITY OF RICHFIELD, MINNESOTA
Council Letter No.29
Agenda January 23, 1995
Issue Statement:
Purchase in excess of $5,000 for the 1994 Minnesota Department of Natural Resources
(DNR) Water Appropriation Permit.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
The City is required by Minnesota state law to purchase an annual Water Appropriation
Permit to allow the City to extract water from seven deep wells. The permit fee is based
on the total water extracted from City wells in 1994, which is roughly 1.3 billion gallons.
The permit fee for the 1993 Water Appropriation Permit was $5,150. The total permit
for 1994 is $5,841, an increase of $691.
Recommended Motion:
• Approve a 1995 purchase order to the Minnesota Department of Natural Resources for
the 1994 Water Appropriation Permit in the amount of $5,841.
Basis of Recommendation:
1. Minnesota State law requires each City to purchase a Water. Appropriation Permit
for water extraction.
2. There is $6,500 allocated in the 1995 Water Maintenance budget for the permit.
Alternative Recommendation:
The Water Appropriation Permit is required by state law, no alternative
recommendation.
Discussion/Decision Mode:
Staff requests approval at the January 23, 1995 Council meeting.
•
SLD:ds
Acting City Manager
?F
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 28
Agenda January 23, 1995
Issue Statement:
Purchase in excess of $5,000 for range balls for the Rich Acres driving range.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
Rich Acres purchases approximately 1,500 dozen driving range balls each season.
Quotations were obtained from four vendors:
Spalding Wilson Titleist Ram
Retail Cost per dozen $5.00 $5.25 $5.25 $6.00
Freight/Delivery Cost Free Free Free Free
Other Considerations 150 doz. 6 dz. free None None
free range + football price logo extra
balls included .50/doz.
+6 doz.
A Balata balls
Less frt. credit for return of damaged balls
$557.94 from Spalding.
It is the opinion of the Rich Acres staff that the Spalding Top Flite range ball is one of
the highest quality range balls available on the market today. Spalding quality and
service are the best in the business.
The two most important aspects of a successful driving range are quality of turf and
quality of range balls. The cost of the Spalding range ball is competitive with other
brands. Wilson, Titleist and Ram range balls are all more costly. The Rich Acres
patrons have appreciated the availability of the Rich Acres Spalding range balls.
Recommended Motion:
Approve the 1995 purchase of Rich Acres Golf Course range balls from Spalding in the
amount of $6,942.06.
Basis of Recommendation:
1. Cost is competitive.
2. Quality and service is superior.
3F I
3. Terms are good (free shipping and discounting).
4. There are sufficient funds in the Golf Course Enterprise Fund to cover this
purchase.
Alternative Recommendation:
1. The Council could choose not to purchase range balls for the 1995 season.
2. The Council could select another supplier, though they are more costly and of a
lower quality.
3. The Council could direct staff to look for alternatives, although staff believes this is
the best choice.
Discussion/Decision Mode:
This item is scheduled for the January 23, 1995 regular City Council meeting. Staff is
asking for approval at this time so that a timely purchase can be made.
Ily submitted,
Sfev'e?f L-Vevich
Acting City Manager
SLD:ds
3k-
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 2 7
Agenda January 23, 1995
Issue Statement:
Purchase in excess of $5,000 for park signs.
Background:
The City Council policy resolution on purchasing provides that when the purchase of
merchandise, materials, equipment or construction exceeds the amount of $5,000,
authority to purchase shall be submitted to the City Council for consideration.
Park signage has been a staff concern for a number of years. In recently developed
parks, staff has used distinctive signage constructed by sandblasting redwood planks.
The signs in these parks look very good and have proven to be durable. Redwood
Signs, Inc. of Osseo, Minnesota is the company that constructed the new signs. They
have quoted an excellent price of $728 plus tax per sign to construct 12 new signs for
our older parks.
Recommended Motion:
Approve a purchase order for $8,736.00 plus $567.84 sales tax for a total purchase
price of $9,303.84 to Redwood Signs, Inc.
Basis for Recommendation:
1. There is $12,500 in the approved Park Maintenance Budget for new signage.
2. Obtaining signs from Redwood Signs, Inc. will assure quality and consistency
throughout our parks Citywide.
3. The price quoted is a savings of $257 per sign, if the work is completed over
winter months.
Alternative Recommendation:
Council could direct staff to obtain quotes from another sign manufacturer; however,
staff believes Redwood Signs, Inc. will assure continuity and quality.
Discussion/Decision Mode:
Staff is asking for approval at the January 23, 1995 Council meeting in order to take
advantage of the discounted price on these signs.
Respectfully submitted,
vi
Acting City Manager
SLD:ds
3b
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 26
Agenda January 23, 1995
Issue Statement:
Resolution approving sale of tax forfeited property located at 6426 Emerson Avenue,
Richfield.
Background:
Each year Hennepin County notifies municipalities of tax forfeited non-conservation
land located within each respected community.. As provided in Minnesota Statute 282,
each municipality may either approve of the parcels for public sale for auction to
adjacent property owners under certain conditions or request conveyances to the
municipality for public use. In each event, the City is requested to forward their
authority to Hennepin County by City Council resolution.
For 1994, one property in Richfield has been identified as tax forfeited property; 6426
Emerson Avenue. The property could be obtained by the City of Richfield by request.
City staff has carefully considered the property and has made a recommendation not to
seek title to this tax forfeited property.
. Because the property is merely a ten foot strip that lies between two residential lots, it is
not a desirable piece of property for the City to own because of the problems and cost
of maintenance. The lot is also not a buildable one, thus leaving a very limited interest
in the property.
The property has been valued at $100.00 by the Hennepin County property appraisers.
Recommended Motion:
Adopt the attached resolution authorizing sale of tax forfeited property located at 6426
Emerson Avenue to adjacent property owners.
Basis of Recommendation:
1. Certain tax forfeited properties are available to the City of Richfield as determined by
Hennepin County.
2. The tax forfeited property at 6426 Emerson Avenue has been declared tax forfeited
and available to the City.
3. The tax forfeited property at 6426 Emerson Avenue has no value to the City in terms
of municipal ownership.
4. The property is not buildable and is of limited value to the general public.
30-1
Alternative Recommendation:
1. City Council could decide not to approve sale of the property at 6426 Emerson
Avenue.
2. City Council could decide to request conveyance of the property at 6426 Emerson
Avenue.
Discussion/Decision Mode:
The City's determination of this matter should be forwarded to the County as soon as
possible. The official City position must be provided to Hennepin County in the form of
a City Council resolution.
Respectfully submitted,
v
Acting City Manager
SLD:ds
Attachment
RESOLUTION NO.
RESOLUTION AUTHORIZING PUBLIC SALE OF TAX FORFEITED PROPERTY
LOCATED AT 6426 EMERSON AVENUE
WHEREAS, the parcel of property located at 6426 Emerson Avenue, PID
Number 28-028-24-13-0059 has been identified by Hennepin County as tax forfeited
property; and
WHEREAS, the City of Richfield may request conveyance of ownership of
such tax forfeited property upon City Council resolution; and
WHEREAS, the City staff has determined that this tax forfeited property is
not desirable in terms of ownership to the City of Richfield.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Richfield, does hereby authorize Henepin County to sell the property at 6426
Emerson Avenue at a public sale to adjacent property owners.
Adopted by the City Council this 23rd day of January, 1995.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber
•
3c
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 2 5
Agenda January 23, 1995
Issue Statement:
Agreement for Section 16 Grant (newly named "Elderly and Persons with Disabilities
Program") for procurement of bus to be used for Community Center programs.
Background:
The current bus is past its useful life expectancy and needs replacing. On April 12,
1993, the City Council adopted Resolution No. 7998 authorizing application for grant
funds for a replacement vehicle to service senior citizens and adaptive programs. The
original grant proposal was denied; however, the City chose to bid for the vehicle on its
own with funding to be provided by donations. On February 28, 1994 the Council took
action to reject the one bid received because the bid did not meet specifications, the bid
was much higher than expected and the City, in the meantime, had been informed it
would be eligible for grant assistance if rebidding for the vehicle were done in
conjunction with the Minnesota Department of Transportation (MnDOT).
The City was recently informed that procurement of the Section 16 Grant approved
vehicles went out for bids November 22, 1994. The City is to be informed soon about
• the City's share of the total vehicle costs, the successful vendor(s) and the
manufacturer(s). In the meantime, it is necessary for the City to enter into agreement
with MnDOT for obtaining federal funds available under the Elderly and Persons with
Disabilities Program. Subject to the total cost of all grant funded vehicles purchased,
either a maximum amount of 80% of the total cost of Richfield's vehicle or a lesser
amount based on a prorated distribution of the available federal funds will provided
under this agreement.
Recommended Motion:
Adopt the attached resolution authorizing the City Manager, on behalf of the City of
Richfield, to execute Grant Agreement No. 71923 between the City of Richfield and the
Minnesota Department of Transportation for purposes of purchasing a replacement
vehicle to service senior citizens and adaptive programs through the Richfield
Community Center.
Basis of Recommendation:
1. The Council has authorized application for the grant.
2. The grant application has been accepted.
3. It is necessary to execute Grant Agreement No. 71923 to continue the process to
provide transportation services meeting the special needs of elderly and disabled
persons for whom mass transportation services are unavailable, insufficient or
inappropriate.
30--i
9 Alternative Recommendation:
1. Do not enter into the agreement and do not continue the City's transportation
program currently provided for senior citizen and adaptive programs.
2. Do not enter into the agreement but pursue funding a vehicle replacement through
other financial means.
3. Authorize the Mayor and/or some other party or parties to execute the agreement
instead of or in addition to the City Manager.
Discussion/Decision Mode:
This item is on the January 23, 1995 City Council agenda. Action is requested at this
time so the process may continue.
Ily submitted,
Acting City Manager
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RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT NO. 71923
FOR THE OBTAINING OF FEDERAL FUNDS AVAILABLE UNDER
THE ELDERLY AND PERSONS WITH DISABILITIES PROGRAM
BE IT RESOLVED that the City of Richfield enter into Agreement No. 71923 with the
State of Minnesota, Department of Transportation for the obtaining of Federal funds
under the Elderly and Persons with Disabilities Program.
BE IT FURTHER RESOLVED that the City Manager be and hereby is authorized to
execute such an agreement and thereby assume for and on behalf of the City of
Richfield all of the contractual obligations contained therein.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of
January, 1995.
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Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
RESOLUTION NO. 7998
RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO
PURCHASE VEHICLE TO SERVICE SENIOR CITIZEN AND ADAPTIVE PROGRAMS
• UNDER THE PROVISIONS.OF THE ELDERLY AND DISABLED
TRANSPORTATION ASSISTANCE FEDERAL SECTION 16 PROGRAM FUND
WHEREAS, the Elderly and.Disabled Transportation Assistance
Federal Section 16 Program Fund provides for the making of grants
to assist eligible public bodies in the acquisition of vehicles;
and
WHEREAS, the City of Richfield desires to obtain a vehicle
for purposes of providing transportation related to senior
citizen and adaptive needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, as follows:
1. That an application be made to the Minnesota Department
of Transportation for a grant from the Elderly and Disabled
Transportation Assistance Federal Section 16 Program Fund for an
amount presently estimated to be $42,500 with the understanding
that the City.of Richfield will pay its share of the cost from
other available funds.
2. That certification is hereby made to the Minnesota
Department of Transportation that no nonprofit corporations or
associations are readily available in this area to provide'
transit services as needed.
3. That the City Manager of the City of Richfield is hereby
authorized and directed to execute and file such application with
the Minnesota Department of Transportation, provide additional
information, to furnish such documents as may be required and
execute such contracts as are required.
4. That the Community Center Manager is hereby authorized
and directed to represent the City of Richfield and to act as the
authorized correspondent of the City of Richfield with regard to
said application.
Passed by the City Council of the City of Richfield this 12th day
of April, 1.993.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
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Agreement No. -1 I IRa3
GRANT AGREEMENT
THIS AGREEMENT made this day of , 199-, by and between the
State of Minnesota, Department of Transportation (hereinafter referred to as the "Agency")
acting by and through the Commissioner and the
a grant program eligible organization, (hereinafter referred to as "Contractor") acting by and
through its duly authorized representative, , whose office
is located at
WHEREAS; the Federal Elderly and Persons with Disabilities Program, provides for
capital grants to private non-profit corporations and associations and eligible public bodies for
the specific purpose of assisting them in providing transportation services meeting the special
needs of elderly and disabled persons for whom mass transportation services are unavailable,
insufficient, or inappropriate; and
. WHEREAS, The Governor of the State of Minnesota, in accordance with a request by the
Federal Transit Administration (hereinafter referred to as "FTA"), has designated the Agency to
evaluate and select projects proposed by private non-profit organizations and eligible public
bodies and to coordinate the grant applications; and
WHEREAS, the Agency and the Contractor desire to secure and utilize grant funds for
the transportation needs of the elderly and disabled citizens of the State of Minnesota;
NOW THEREFORE, in consideration of the mutual covenants herein set forth, the
Agency and Contractor agree as follows:
Section 1. Purpose of Agreement. The purpose of this Agreement is to provide
transportation services to the elderly and disabled (hereinafter referred to as "Project") by the
Contractor, and to state the terms, conditions, and mutual understandings of the parties as to the
manner in which the Project will be undertaken and completed.
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Section 2. Scope of Project. The Contractor shall undertake and complete the
Project as described in its application for Federal Elderly and Persons with Disabilities Program
funds, hereinafter referred to as the "Project Description," attached hereto and incorporated by
reference, filed with and approved by the Agency and FTA, and in accordance with the terms and
conditions of this contract.
Section 3. Period of Performance. The Contractor shall, upon delivery of the
Project vehicle, commence and carry on the project with all practicable dispatch in a sound,
economical and efficient manner until such time as the Project vehicle is either transferred to
another eligible organization or the Agency has determined that the vehicle has reached the end
of its useful life.
Section 4. Federal Elderiv and Persons with Disabilities Program Funds.
Subject to the total cost of all grant funded vehicles purchased, the Agency will disburse to the
vehicle vendor or to the Contractor, whichever is appropriate, either a maximum amount of
eighty percent (80%) of the total cost of the vehicle or a lesser amount based on a prorated
distribution of the available federal funds designated for capital equipment purchases.
Section 5. Responsibility of Contractor. The Contractor will fund that portion of
the total capital equipment costs not reimbursed by Elderly and Persons with Disabilities
Program funds in accordance with the provisions of Section 4 above. It shall be understood that
the Contractor's funding share, which matches the Elderly and Persons with Disabilities Program
funds participating in capital equipment costs, must be provided in cash from sources other than
federal funds, with the exception of unrestricted funds from other federal programs.
In the event the Agency conducts the capital equipment procurement, the Contractor shall
be responsible to provide its share of the capital equipment costs at or prior to the time that such
funds are needed to meet said costs.
Section 6. Procurement Option. The Contractor has the option to procure the
capital equipment contingent upon the Agency approving the following:
,? 1. final equipment specifications,
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2. method of soliciting bids,
3. procedures to ensure compliance with FTA requirements, i.e. obtain from
vehicle manufacturer the following pre-award certifications: Buy America, Federal Motor
Vehicle Safety Standards, FMVSS 220, and 49 CFR pt. 23 (DBE), plus post-delivery vehicle
inspection and road listing conducted by the Agency, and a Motor Vehicle Excise Tax Form to
be submitted with the final invoice, and
4. lowest responsive bidder (a copy of all bid documents shall be forwarded
to the Agency upon receipt).
Payment by the Agency to the Contractor of the federal funds share of capital equipment
costs incurred by the Contractor will be processed upon the Contractor's submittal to the Agency
of a completed "Request for Funds" form (form provided by the Agency) accompanied by copies
of the vendor's invoice(s) covering the capital equipment costs eligible for reimbursement.
Section 7. Vehicle Title and License Plates. Acquisition of vehicle title and license
• plates are the responsibility of the vendor. Upon receipt of the title for the Project vehicle, the
Contractor shall make a copy of said title for its own records, and, thereafter, deliver the original
title to the Agency. The Agency will maintain custodial care of the title until such time as the
Project vehicle is transferred or sold.
Section 8. Insurance. The Contractor shall provide liability insurance in the
amounts of at least $200,000 per claimant (for injury or death) and at least $600,000 for any
number of claims per occurrence. Comprehensive coverage (fire, wind, glass breakage, etc.)
shall be purchased for the Project vehicle. Collision coverage shall also be purchased to provide
replacement funds in the event of a substantial loss.
Coverage shall be written in the legal name of the Contractor. Also, the Minnesota
Department of Transportation shall be included as an Additional Named Insured. Where transit
service and insurance coverage is provided by a third parry contractor, both the Contractor and
the Minnesota Department of Transportation shall be named in the policy as an Additional
Named Insured. The Contractor shall submit a copy of the insurance policy with the signed
• copies of this GRANT AGREEMENT and shall provide a certificate of insurance directly to the
Page 4
Minnesota Department of Transportation in care of the Elderly and Persons with Disabilities
Program Administrator.
Section 9. Use of Project Equipment. The Contractor agrees that the Project
equipment and facilities shall be used exclusively for the provision of transportation services
within the area described in the Project Description for the duration of its useful life. If, during
such period, any equipment is not used in this manner or is withdrawn from transportation
services the Contractor shall immediately notify the Agency and shall dispose of and/or transfer
such Project equipment as directed by the Agency in accordance with FTA approved procedures.
The Contractor shall keep ongoing detailed vehicle service and maintenance records to
provide information for the Agency required quarterly reports and to be available at such time as
the Project is monitored by a representative of the Agency. The Contractor shall immediately
notify the Agency in any and all cases where the Project equipment is used in a manner
substantially different from that described in the Project Description.
• The Contractor shall also submit to the Agency at the beginning of each calendar year
during the period of the equipment's useful life, a written certification that the Project equipment
is still being used in accordance with the terms of this Section and that no part of the local
contribution to the cost of the Project has been refunded or reduced. During the period of
contract performance, the Contractor shall maintain the Project equipment and facilities at a high
level of cleanliness, safety, and mechanical soundness. The Agency, its authorized
representative and FTA shall have the right to conduct periodic inspections for the purpose of
confirming proper maintenance pursuant to this Section.
Section 10. Contracts Under This Agreement. Unless otherwise authorized in
writing by the Agency, the Contractor shall not assign any portion of the work to be performed
under this agreement, or execute an y contract, amendment, or change order thereto, or obligate
itself in any manner with any third parry with respect to its rights and responsibilities under this
Agreement without the prior written concurrence of the Agency.
Records and Reports.
• A. Establishment and Maintenance of Accounting Records. The
Contractor shall establish and maintain, in accordance with requirements established by the
Page 5
Agency, separate accounts for the Project, either independently or within its existing accounting
system, to be known as the Project Account.
B. Documentation of Project Costs. All charges to the Project
Account shall be supported by properly executed invoices, contracts, or vouchers evidencing in
proper detail the nature and propriety of the charges, in accordance with the rules and regulations
of the Agency.
C. Checks. Orders. and Vouchers. Any check or order drawn by the
Contractor with respect to any item which is or will be chargeable against the Project Account
will be drawn only in accordance with a properly signed voucher then on file in the office of the
Contractor stating in proper detail the purpose for which such check or order is drawn. All
checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole
or in part to the Project shall be clearly identified, readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
• D. Reports. The Contractor shall advise the Agency regarding the
progress of the Project at such times and in such manner as the Agency may require, including,
but not limited to meetings and interim reports. The Contractor shall submit to the Agency, such
financial statements, data, records, contracts and other documents related to the Project as may be
deemed necessary by the Agency.
Section 11. Audit and Inspection. The Contractor shall permit the Agency, the
Comptroller General of the United States and the Secretary of the United States Department of
Transportation, or their authorized representatives, to inspect all vehicles, facilities and
equipment purchased by the Contractor as part of the Project; all transportation services rendered
by the Contractor for the use of such vehicles, facilities and equipment; and all relevant Project
data and records. The Contractor shall also permit the above named officials or their
representatives to audit the books, records and accounts of the Contractor pertaining to the
Project.
•
Page 6
Section 12. Termination.
A. Without Cause. The State reserves the right to terminate the
Project and cancel this Agreement without cause by written notice from the Agency to the
Contractor.
B. With Cause. The Agency may, by written notice to the Contractor,
terminate the project and cancel this Agreement for any of the following reasons:
(1) The Contractor discontinues the use of the vehicles,
equipment, or facilities during their useful lives for the purpose of providing transportation
services to the elderly and disabled;
(2) The Contractor takes any action pertaining to this Agreement
without the approval of the Agency, and which, under the procedures of this Agreement, would
have required the approval of the Agency;
(3) The commencement, prosecution or timely completion of the
Project by the Contractor is, for any reason, rendered improbable, impossible or illegal;
(4) The Contractor shall be in default under any provision of this
Agreement.
C. Action Upon Termination. Upon termination of the project and
cancellation of this Agreement under the provisions of paragraph A or B of this Section, the
Contractor agrees to dispose of the Project vehicle and equipment in accordance with the
following procedures.
(1) Disposition of the Project vehicle and equipment requires that
the Contractor shall obtain a minimum of two (2) appraisals from Agency approved vendors of
disability accessible buses or vans. Equipment purchased solely by the Contractor and installed
in the Project vehicle, that is not replacing original Project equipment required per the Agency's
specifications, shall not be included in the appraisal.
(2) If the averaged dollar amount of the appraisals received is at or
below ten percent (10%) of the original vehicle purchase price, the Contractor shall advertise and
• sell the Project vehicle, including original equipment, to the highest responsible bidder. The
Contractor shall inform the successful bidder that, if the vehicle is to be utilized for transporting
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Page 7
elderly, disabled, general public or school children passengers on. a regular bases, it must be
inspected and certified by either the Minnesota State Patrol or the Minnesota Department of
Transportation, Office of Motor Carrier Services.
(3) If the Project vehicle and equipment is appraised at more than
ten percent (10%) of the original purchase price, it will be inspected by a representative of the
Agency to determine if the vehicle has significant remaining service life to be transferred to an
existing eligible project. Should the vehicle not be suitable for transfer it shall be disposed of in
accordance with the Project vehicle and equipment disposition procedures described in
paragraphs (1) and (2) above.
(4) The Contractor shall be responsible to initiate and complete the
following steps in the vehicle disposition process:
1. Request appraisals from approved vendors and submit
copies thereof to the Agency;
• 2. Advertise sale of the vehicle;
3. Submit copy of bids to the Agency;
4. Upon approval by the Agency, complete sale of the
vehicle including transfer of title;
5. From the proceeds of the sale, retain one hundred dollars
($100.00), as reimbursement for conducting the appraisal and bidding processes, plus an amount
of the sale proceeds, exclusive of the aforesaid one hundred dollar reimbursement, based on the
percentage of the original total cost of the vehicle and equipment paid by. the Contractor; and
6. Submit to the Agency a check, made out to the State of
Minnesota, in an amount of the sale proceeds, exclusive of the aforesaid one hundred dollar
reimbursement, based on the percentage of the original total cost of the vehicle and equipment
funded by the Federal Elderly and Persons with Disabilities Program.
7. Disposition of the Project vehicle and equipment by
transfer to a grant eligible organization shall be approved by the Agency and conducted by the
Contractor as follows:
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Page 8
a. Obtain appraisals as set forth under Section 12
(C), (1) hereof on Page 6 and submit copies to the Agency;
b. Contact the organization(s) identified by the
Agency as a potential recipient of the vehicle and determine where and when the vehicle can be
inspected- and driven; and
c. Provide maintenance records and identify who
performed the routine vehicle maintenance and repairs.
8. If more than one organization expresses an interest in
obtaining the vehicle, the Agency shall determine which organization receives the vehicle based
on: (1) need, (2) a good maintenance record and (3) current availability of funds to reimburse the
contractor its share based on the current appraised;market value of the vehicle and the same
percentage originally paid by the Contractor in the purchase of the vehicle.
Section 13. Contract Changes. No change in this Agreement shall be effective unless
0 made in writing and properly executed and approved by the parties pursuant to applicable law.
Section 14. Interest of Members of or Delegates to Congress. No member of or
delegate to the Congress of the United States shall be admitted to any share of this contract or to
any benefit arising therefrom.
Section 15. Prohibited Interest. No member, officer, or employee of the Contractor
during this tenure or one year thereafter shall have any interest, direct or indirect, in this contract
or the proceeds thereof.
Section 16. Equal Employment Opportunity. Oortunity In connection with the execution of
this contract, the Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. The Contractor shall take
affirmative action to insure that applicants are employed, and that employees are treated during
their employment, without regard to their race, religion, color, sex, or national origin. Such
actions shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, recruitment or advertising; layoff, or termination; rates of pay, or other forms of
o compensation; and selection for training including apprenticeship.
Page 9
Section 17. Motor Vehicle Safety and Pollution:
A. Motor Vehicle Safety Standards. The motor vehicles will comply
with the Motor Vehicle Safety Standards as established by the United States Department of
Transportation.
B. Motor Vehicle Pollution Requirements. When new motor
vehicles are purchased, the acquiring entity shall obtain from each vendor a certification in
writing that:
The horsepower of the vehicle is adequate for the speed range and terrain
in which it will be required to operate and also to meet the demands of all
auxiliary power equipment. All gases and vapors emanating from the
crank-case of a spark-ignition engine are controlled to minimize their
escape into the atmosphere. Visible emission from the exhaust will not
exceed #1 on the Ringlemann scale when measured six inches from the tail
• pipe with the vehicle in steady operation. When the vehicle has been idled
for three minutes and then accelerated to 80 percent of rated speed under
load, the capacity of the exhaust will not exceed #2 on the Ringlemann
Scale for more than five seconds, and not more than #1 on the Ringlemann
Scale thereafter.
Section 18. Title VI - Civil Rights Act of 1964. The Contractor will comply with all
the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), Section 503
of the Rehabilitation Act of 1973, the Regulations of DOT issues thereunder (CFR Title 49,
Subtitle A, Part 21), and the assurance by the Public Body pursuant thereto.
Section 19. Minority Business Enterprise. In connection with the performance of
this contract, the Contractor will cooperate with the Agency in meeting its commitments and
goals with regard to the maximum utilization of minority business enterprises as defined in
49 Code of Federal Regulations, Part 23 and will use its best efforts to insure that minority
business enterprises shall have the maximum practicable opportunity to compete for subcontract
work under this contract.
Page 10
Section 20. The Contractor shall include in all subcontracts entered into pursuant to
this Agreement all of the clauses set forth herein and identified as Sections 14, 15, 16, 17, 18,
and 19 on pages 8 and 9. In addition, the following required provision shall be included in any
advertisement or invitation to bid for any procurement under this Agreement:
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Page 11
Statement of Financial Assistance:
This contract is subject to a financial assistance contract
between the State of Minnesota and the U.S. Department of
Transportation.
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I
IN WITNESS WBEREOF; this Agreement has been executed by the State acting by
and through the Agency, who was caused the seal of this office to be affixed hereto, and the
Contractor by and through a duly authorized representative has executed this Agreement
effective the day and year first above written.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION CONTRACTOR
By For
Title Assistant Commissioner By
Date Title
By
APPROVED Title
Title Commissioner of Administration Date
By
Date
APPROVED AS TO FORM AND EXECUTION
By
Date
ENCUMBERED
COMMISSIONER OF FINANCE
By
Date
E
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 2 4
Agenda January 23, 1995
Issue Statement:
Disbandment of the Human Services Commission Serving Seniors and Disabled.
Background:
The Richfield Senior Citizens/Handicapped Commission was established in August
1973 to serve in an advisory capacity to the City Council. The Commission consisted of
nine members, all Richfield residents appointed by the City Council, with a
representative balance among various groups within the community with special regard
to those persons who are interested in and knowledgeable about the problems of
residents over the age of 55 and individuals with disabilities. On June 10, 1985 a
resolution was.passed by Council changing the name to the Human Services
Commission Serving Seniors and Disabled.
In the late 1980's, the commission found itself with fewer things to discuss. A review of
other City commissions found that many of the tasks assigned to the Human Services
Commission Serving Seniors and Disabled were being covered for all citizens by other
groups. The members believed, particularly with the change in the South Hennepin
• Human Services Council structure, that the commission was redundant. At their
meeting of October 14, 1993, the commission voted unanimously to ask the Council to
disband the group.
Recommended Motion:
Adopt the attached resolution which will disband the Human Services Commission
Serving Seniors and Disabled.
Basis of Recommendation:
1. The commission members feel that they have little to do that is not already
covered by another commission or committee.
2. The establishment of the Richfield Community Human Services Planning Council
has further covered tasks which the commission may once have been assigned.
3. As of January 31, 1995, there will be no commission members appointed to this
commission.
Alternative Recommendation:
1. Let the commission remain in existence.
0
•
Discussion/Decision Mode:
This item has been scheduled for the January 23, 1995 City Council agenda. It is
recommended that action be taken at that time.
Respectfully submitted,
r
Acting City Ma
SLD:cak
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RESOLUTION NO.
RESOLUTION REPEALING RESOLUTION NUMBER 5101 OF THE CITY COUNCIL
ADOPTED AUGUST 27, 1973 WHICH WAS ENTITLED "RESOLUTION
ESTABLISHING A SENIOR CITIZENS' ADVISORY COMMISSION."
WHEREAS, by Resolution Number 5101 of the City Council of the City of
Richfield, the Richfield Senior Citizens' Commission was established and directed as to
membership and purpose; and
WHEREAS, by Resolution Number 7032 of the City Council of the City of
Richfield amended the name of the Commission to Human Services Commission
Serving Seniors and Disabled; and
WHEREAS, the Human Services Commission Serving Seniors and Disabled
has found it difficult to maintain membership; and
WHEREAS, the tasks have been assumed by the Richfield Community Human
Services Planning Council.
THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield,
Minnesota, that Resolution. Number 5101 establishing the Human Services Commission
Serving Seniors and Disabled, and all subsequent amendments to said resolution are
hereby repealed.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of January
1995.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
RESOLUTION NO, 5101 JU J
RESOLUTION ESTABLISHING A
SENIOR CITIZENS' ADVISORY COMMISSION
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as
follows:
1. There is hereby created a Senior Citizen's Advisory Commission,
2. The Commission shall serve in a direct advisory capacity to the city council.
Staff services for the commission shall be furnished by the City.
3. The Commission shall consist of nine (9) members all of Wi om shall be
residents of the City of Richfield, they shall be appointed by the city council and
shall be subject to removal, with or without cause, 'by the city council. In making
appointments to the Commission, the council shall undertake to secure a represent-
ative balance among various groups within the community with special regard to those
persons who are interested in and knowledgeable about the problems of the aging and
the handicapped.
Appointments to the Commission shall be for the terms of 3 years. At the time of
the appointment of the initial commission, however, 3 shall be appointed for a term of
one year; 3 shall be appointed for a term of two years; and 3 shall be appointed for
term of three years
4. Members of the Commission shall be appointed in January of each year.
Terms of members shall begin on the 1st day of February of the year of appointment
and shall continue until the lst day of February in the year in which their appointments
expire, or until their successors are appointed, subject, however, to prior termination
as otherwise provided for in this resolution.
5. The Commission shall be advisory to the city council on matters relating to
the aging and the handicapped. Among other things, the Commission shall determine the
adequacy of the housing supply for such persons within the community and shall make
recommendations on methods of fulfilling such housing needs if they are not being met.
It shall make investigations concerning any other matters relating to the problems of the
aging and the handicapped including such things as health care,nutrition, recreation,
transportation, and the availability of other social services, and shall from time to time
make reports and recommendations to the council on such matters. It shall also investigate
and make recommendations to the council on any matter relating to the aging and the
handicapped which is referred to it by the city council.
6. Any of the following shall cause the office of a regular member to become vacated:
a) Death.
b) Disability or failure to serve, shown by failure to attend three consecutive
regular meetings of the Commission without written permission of the Commission
to be excused.
c) Removal of legal residence from the city.
d) Resignation . in writing.
e) Removal by the council.
f) Election or appointment to a public office.
Passed by the City Council of the city of Richfield, Minnesota, this 27th day
of August, 1973.
L. Law C Mayor
ATTEST:
t
Thomas Mora City Clerk
e
•
69
RESOLUTION NO. 7032 A RESOLUTION TO AMEND RESOLUTION NO. 5101 ESTABLISHING
A SENIOR CITIZENS ADVISORY COMMISSION BY CHANGING THE NAME
. TO HUMAN SERVICES COMMISSION
Serving the Seniors and. Disabled
WHEREAS, the Richfield Senior Citizens/Handicapped
Commission was established in August, 1973, and
WHEREAS, the Richfield Senior Citizens/Handicapped
Commission wishes to change the name of this commission
to more accurately reflect the commission's scope of
responsibilities.
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
The Senior Citizens Advisory Commission name is changed to
the Human Services Commission: Serving Seniors and Disabled.
1. The commission shall serve in a direct advisory capacity
to the city council. Staff services for the commission shall be
provided by the Community Services Department of the City of
Richfield.
2. The Commission shall consist of nine (9) members all of
•' whom shall be residents of the City of Richfield. They shall be
appointed by the city council and subject to removal, with or
without cause, by the city council. In making appointments to
the commission, the council shall undertake to secure a
representative balance among various groups within the community
with special regard to those persons who are interested in and
knowledgeable about the problems of residents over the age of 55
and individuals with disabilities.
3. Appointments to the commission shall be for terms of
three-(3) years. Members of the commission shall be appointed
in January of each year. Terms of members shall begin on the
1st day of February of the year of appointment and shall
continue until the 31st day of January in the year in which
their appointments expire, or until their successors are
appointed, subject, however, to prior termination as otherwise
provided for in this resolution.
4. In addition to the nine members of the commission, each
January the city council shall designate a council member as
liaison and a second council member as alternate liaison to this
commission
5. The commission shall be advisory to the city council on
matters relating to residents over the age of 55 and individuals
with disabilities. Among.other things, the commission shall
determine the adequacy of the housing supply for such persons
68._6 -2-
within the community and shall make recommendations on methods
of fulfilling such housing needs if they are not being met. It
shall make investigations concerning any other matters relating
to the problems of residents over.the age of 55 and individuals
with disabilities including such things as health care,
nutrition, recreation, transportation, and the availability of
other social services, and shall from time to time make reports
and recommendations to the city council on any matter relating
to residents over the age of 55 and individuals whith
disabilities which is referred to it by the city council.
6. Any of the following shall cause the office of a
regular member to become vacated:
(a) death
(b) failure to serve, shown by failure to attend
three conse cutive regular m eetings of the
commission without approved permiss ion of the
commission to be excused.
(c) removal of legal residence from the city
(d) resignation in writing
(e) removal by the city council
(f) election or appointment to a public office
Passed by the City Council of the City
Minnesota, this 10th day of June,,, 5. ,
n
ATTEST:
M4, -?O )?,, 1A 4 -
Thomas Ferber, -City Clerk
T
0
f Richfield,
ayor
3P
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 23
Agenda January 23, 1995
Issue Statement:
Setting a date for the 1995 Local Board of Review
Background:
Minnesota Statute 274.01 provides that the County Assessor shall establish a date for
Local Boards of Review each year, for the purpose of reviewing the assessment of
property within each respective city in Hennepin County. The meetings are to be held
between March 1 and May 31 and must be preceded by at least 10 days published
notice before the date of the first meeting. The Board of Review must complete its work
within 20 days of the first local Board meeting each year, unless a longer period of time
is approved by the Commissioner of Revenue. However, the Commissioner will not
issue an extension past May 31.
The County Assessor has recommended Monday, May 1, 1995 as the date of the 1995
Local Board of Review meeting for Richfield. The meeting will be scheduled to begin at
7:00 p.m. The City of Richfield has typically held its Board of Review meeting the last
Monday in April or the first Monday in May.
Approximately a month prior to the Local Board of Review meeting, the Administrative
Services Director and staff of the Hennepin County Assessor's office assigned to
Richfield will brief Council Members on the Board of Review process and of typical
cases that may come before the Board.
Recommended Motion:
It is recommended that the City Council confirm the County Assessor's selection of
Monday, May 1, 1995 at 7:00 p.m. for the 1995 Board of Review meeting.
Basis for Recommendation:
1. The County Assessor coordinates the scheduling of all Local Boards of Review in
Hennepin County. He has recommended Monday, May 1, 1995.
2. This meeting date allows ample time for the City to conclude its Board business.
Alternative Recommendation:
1. The City Council could select another date for the Local Board of Review Hearing
and submit the date to the County Assessor.
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3/q-I
is Discussion/Decision Mode:
Hennepin County must make a schedule of Local Board of Review hearings to facilitate
the County Board hearings and to ensure that needed information has been compiled
prior to the Local Board of Review meetings. Notification to Hennepin County should
be made as soon as possible, especially if an alternative day is requested.
Respectfully submitted,
ev L.
Acting City Manager
SLD:cak
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M
TO: Thomas P. Ferber, Richfield City Clerk
FROM: Donald F. Monk, Hennepin County Assessor
SUBJECT: 1995 Local Board of Review Dates
Monday May 1, 1995
Day of the Week Date
Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review Meeting.
After reviewing previous meeting days and your suggestions of last year, the above date was selected. I
sincerely hope that it is agreeable with your council.
• As there must be a quorum, I would suggest that an informal review of your members with a request that
they mark their calendars would be appropriate.
Please confirm the date set out or call Tom May at 348-3046 with your alternative date by January 16, so
that our printing order can be completed on time. We suggest starting times of 6:30, 7:00, or 7:30 p.m.,
but will discuss it with you if you wish a different time.
Your early completion and return of the attached tear off strip will be appreciated and we will send your
official notice for posting as required by law.
Please return to JoDee Nelson, A-2103 Government Center, Minneapolis, MN 55487
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CONFIRMATION
Municipality:
Date:
Time:
Place:
Confirmed by
For selecting meeting dates in future years, the following information will be helpful
DATE: January 5, 1994