4-11-94 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, APRIL 11, 1994
SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING
HELD CONCURRENTLY WITH REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. PRESENTATION OF CERTIFICATE OF RECOGNITION TO NANCY GRIEMANN,
NORTH CENTRAL FLORAL ASSOCIATION'S DESIGNER OF THE YEAR FOR
1994
2. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 17-23, 1994
t VOLUNTEER RECOGNITION WEEK IN RICHFIELD
3. PRESENTATION OF PROCLAMATION CELEBRATING MAY 7, 1994 AS EARTH
DAY 1994
COUNCIL LETTER NO. 110
4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 1994 AS ARBOR
MONTH
COUNCIL LETTER NO. 111
ITEMS TO BE CONSIDERED BY HRA:
1. CONSIDERATION OF RESOLUTION APPROVING CONTRACT-FOR PRIVATE
REDEVELOPMENT WITH CSM CORPORATION; ILN REDEVELOPMENT
PROJECT (DEFERRED FROM MARCH 28, 1994)
HRA LETTER NO. 29
2. CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION AND
QUICK TAKE OF PHASE I, THE SHOPS AT LYNDALE; ILN
REDEVELOPMENT PROJECT (DEFERRED FROM MARCH 28, 1994)
HRA LETTER NO. 30
ADJOURNMENT OF SPECIAL HRA MEETING
• REGULAR CITY COUNCIL MEETING
IMMEDIATELY FOLLOWING
SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF
MARCH 28, 1994 AND (2) CITY COUNCIL STUDY SESSION OF APRIL 4,
1994
PRESENTATION
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
0 AGENDA APPROVAL
2. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
NOTE: 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.
3A. CONSIDERATION OF'APPROVAL OF RESOLUTION"'ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF EASEMENTS AND
PARTIAL FEE TAKINGS; PHASE II 77TH STREET PROJECT C.L. 112
B. CONSIDERATION OF APPROVAL OF RESOLUTION SUPPORTING LEAGUE OF
MINNESOTA CITIES' CITY UNITY DAY C.L. 113
C. CONSIDERATION OF APPROVAL OF PAYMENT IN EXCESS OF $5,000 FOR
AUTO LIABILITY INSURANCE DEDUCTIBLE AS PART OF HIBBS LAWSUIT
SETTLEMENT C.L. 114
D. ESTIMATE #7 PAYMENT FOR ELECTRICAL CONTRACT REGARDING WATER
TREATMENT PLANT MODIFICATIONS; PAGE ELECTRICAL CONTRACTOR;
$17,100.00
E. ESTIMATE #9 PAYMENT FOR WATER PLANT MODIFICATIONS; BOR-SON
CONSTRUCTION; $106,262.00
0 PUBLIC HEARING
4. CONSIDERATION OF REQUEST FOR AMENDED CONDITIONAL USE PERMIT AND
OFF-STREET PARKING PERMIT TO ALLOW REDUCTION IN PARKING AND
SEATING CAPACITY AT CHI-CHI'S RESTAURANT, 7717 NICOLLET AVENUE
COUNCIL LETTER NO. 115
RESOLUTION
5. CONSIDERATION OF RESOLUTION APPROVING CONSTRUCTION PLANS FOR AN
INTERIM HIGH OCCUPANCY VEHICLE LANE ON I-35W IN RICHFIELD FROM
76TH STREET TO MINNESOTA RIVER IN BLOOMINGTON
COUNCIL LETTER NO. 116
PROPOSED ORDINANCE
6. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT RELATING
TO COUNCIL SALARIES
COUNCIL LETTER NO. 117
• ADMINISTRATIVE REPORTS & OTHER BUSINESS
AIRPORT BUSINESS
7. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
8. 77TH STREET PROJECT STATUS REPORT
9. LEGISLATIVE REPORT
COUNCIL 'CHOICE
10. COUNCIL DISCUSSION ITEMS
11. CLAIMS AND PAYROLLS
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.
62
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 117
Agenda April 11, 1994
Issue Statement:
First reading of an ordinance amendment relating to Council
salaries.
Background:
Chapter II, Section 210 of the City Ordinance establishes the
salaries of the City Council and provides that the salaries of
the Council Members be reviewed by December 1 of each year in
which an election is held.
The City Council adopted Council Policy Statement No. 1 on July
13, 1987. The policy statement provides that in years a
municipal election is to be held, the Council shall establish a
revised pay schedule for Council Members and the Mayor. The
policy also provides that the amount of increase granted to
employees in the year subsequent to the previous salary
adjustment should be used as a guideline. The salary increase
for employees in the General Services and Management pay plans
for 1994 was 2.5%. The last Council salary increase was approved
on February 24, 1992, effective January 1, 1993.
At the April 4, 1994 Study Session, the City Council requested
• that a proposed ordinance amendment to increase Council salaries
by 2.5% be prepared for consideration at the April 11, 1994 City
Council meeting.
The 2.5% increase would.adjust the Mayor's salary to $7762 per
year and Council Member salaries to $6025 per year.
Recommended Motion:
The approve first reading of an ordinance amendment to Chapter
II, Section 210.01 of the Ordinance Code to increase the salaries
of Council Members from $5878 to $6025 per year and the salary of
the Mayor from $7573 to $7762 per year, and to schedule the
second reading and public hearing for the May 9 City Council
meeting.
Basis for Recommendation:
1. Chapter II, Section 210 of the City Ordinance establishes
salaries of the City Council and provides that salaries of
Council Members be reviewed by December 1 of each year in
which an election is held.
2. The City Charter stipulates that Council Member salaries may
be adjusted only by ordinance.
Alternative Recommendation:
is 1. Continue discussion of this item to another Council meeting.
(0-1
0 2. Propose alternative salary adjustments other than the
proposed amount.
3. Do not approve first reading of the ordinance and take no
further action.
Discussion/Decision Mode:
This item has been scheduled for first reading at the April 11,
1994 City Council meeting. If the ordinance is approved on
second reading at the May 9 City Council meeting, salary
increases would become effective in 1995.
y submitted,
Jagel§/ D. Prosser
Ci Manager
JDP:ds
0
(?2- C-)-
0
Bill No.
Amendment to Section 210
of the Ordinance Code
of the City of Richfield
•
City of Richfield does Ordain:
Section 210 of the Ordinance Code of the City of Richfield
is hereby amended by amending Subdivisions 1 and 2 of Subsection
210.01 to read as follows:
Subdivision 1. Mayor. The salary of the mayor is 3
S7,762 per year.
Subd. 2. Council. The salary of a member of the council is
$6,025 per year.
Passed this day of
City Council.
ATTEST:
1994 by the Richfield
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
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5
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 116
Agenda April 11, 1994
Issue Statement:
Consideration of resolution approving construction plans for an
interim High Occupancy Vehicle (HOV) lane on I-35W in Richfield
from 76th Street to the Minnesota River in Bloomington.
Background:
The I-35W traffic corridor has been under study for several
years. Although a permanent solution to correct deficiencies in
the I-35W corridor has not received final approval by the
Minnesota Department of Transportation (MnDOT) or the Federal
Highway Administration, MnDOT has determined that an interim
third lane should be added now on I-35W from the Burnsville
Parkway in Burnsville to 76th Street in Richfield. This third
lane will be designed as a High Occupancy Vehicle (HOV) lane.
Construction plans for the interim HOV lane have been filed with
the City. It is expected the contract for work on the third lane
will be let in April 1994. The construction is expected to be
completed by the fall of 1994.
A copy of the standard resolution form required for layout
• approval is attached to this Council Letter. Prior to approving
the resolution, Council may wish to consider the following
additional comment:
The City of Richfield approves the plans for an interim
third lane over the Minnesota River. However, the City
urges that plans be prepared to extend the interim third
lane to 46th Street in Minneapolis. These plans are needed
as a more effective solution to avoid traffic bottlenecks in
Richfield, to resolve potential traffic diversion to local
streets in Richfield and to complete a logical route for
transit service from Burnsville to downtown Minneapolis.
Recommended Motion:
Approve the attached resolution and authorize the City Clerk to
certify the resolution for forwarding to the Minnesota Department
of Transportation.
Basis of Recommendation:
1. The interim third lane, which has been designated HOV, will
not be detrimental to the City of Richfield.
2. A resolution approving plans is required by the Minnesota
Department of Transportation before work can proceed on the
project.
is 3. The support for extending the interim third lane to 46th
Street in Minneapolis will alleviate traffic congestion on
Richfield's local streets.
•
Alternative Recommendation:
Approve the resolution without any reference to extending the
interim third lane to 46th Street in Minneapolis.
Discussion/Decision Mode:
The City must approve the plans by resolution before MnDOT can
award the construction contract. The contract is set to be
awarded in April 1994.
submitted,
James Prosser
City nager
0
JDP:ds
5 -0-
RESOLUTION NO.
?. APPROVAL OF CONSTRUCTION PLANS FOR PROVISION OF
AN INTERIM HIGH OCCUPANCY VEHICLE LANE IN RICHFIELD
ON I-35W FROM I-494 TO 76th STREET
WHEREAS the Commissioner of the Department of Transportation has
prepared: plans, special provisions, and specifications for the
improvement of Trunk Highway Number 394 renumbered as Trunk Highway
No. 35W within the corporate limits of the City of Richfield, from
the So. Corp. limits to 660 feet north of West 76th Street in
Richfield; and seeks the approval thereof; and
NOW, THEREFORE, BE IT RESOLVED that said plans, special
provisions, and specifications for the improvement of said Trunk
Highway within the corporate limits of the City, be and hereby are
approved including the elevations and grades as shown and consent is
hereby given to any and all changes in grade occasioned by said
construction.
BE IT FURTHER RESOLVED that the City, however, urges that plans
be prepared to extend the interim third lane to 46th Street in
Minneapolis. These plans are needed as a more effective solution to
avoid traffic bottlenecks in Richfield, to resolve potential traffic
diversion to local streets in Richfield and to complete a logical
route for transit service from Burnsville to downtown Minneapolis.
• Approved by the City of Richfield, Minnesota, this 11th day of April,
1994.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
STATE OF MINNESOTA ) SS.
COUNTY OF HENNEPIN )
CITY OF RICHFIELD )
I do hereby certify that at said meeting (of which due and legal
notice was given) of the City Council of Richfield, Minnesota, on the
11th day of April, 1994, at which a majority of said Council were
present, the foregoing resolution was adopted. Given under my hand
. and seal this day of April, 1994.
Thomas P. Ferber City Clerk
4
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 115
Agenda April 11, 1994
Issue Statement:
Request for an amended conditional use permit and off-street
parking permit to allow a reduction in parking and seating
capacity at Chi-Chi's Restaurant, 7717 Nicollet Avenue.
Background:
In 1972, Left Guard Restaurant was granted the original
conditional use permit and off-street parking permit for the site
now occupied by Chi-Chi's. Because the site did not provide
ample parking based on seating capacity of the restaurant, Left
Guard leased additional spaces from Programmed Land, then owner
of land to the east, where there is a surplus of parking. City
Council approval of Left Guard was conditioned on a parking
agreement to ensure adequate parking for the restaurant use.
When Chi-Chi's Restaurant opened, it assumed the conditional use
permit of Left Guard, and became subject to the same conditions
of approval. Over one year ago, Consul Restaurant Corporation,
then owner of the restaurant, was forced to break the parking
agreement because of financial difficulties that eventually
resulted in their loss of the restaurant.
• Chi-Chi's Inc. now owns and operates the restaurant. Chi-Chi's
Inc. was not successful in recent attempts to renegotiate the
leased parking agreement with the present loan owner to the east,
Lutheran Brotherhood. As a result, Chi-Chi's Inc. has already
closed off one large dining room and has taken other measures to
reduce the seating capacity so it matches available parking on
the Chi-Chi's site.
Chi-Chi's Inc. is requesting the amendment of the conditional use
permit to reduce the seating capacity of the restaurant,
eliminating the need for the condition requiring additional
leased parking. They also plan to make several improvements to
the building, including interior remodeling and new facade
treatment to update the restaurant. The parking lot would be
brought up to current standard to address storm water management,
landscape screening and other City requirements.
The six foot high wood fence along 77th Street, between the brick
wall and Nicollet Avenue, would be replaced with a three foot
high wood fence for better visibility from the improved 77th
Street. It will be mid-summer before the 77th Street screen wall
is erected north of 77th Street.
Direct access between Chi-Chi's and Menards/Lee Wards would be
eliminated with a solid curb along the east lot line of Chi-Chi's
• parking lot. Lutheran Brotherhood has also begun to erect a
chain link fence to discourage parking on its property and deny
access between the two sites.
4,1
The plan provides for a zero setback on the south line along the
IS 78th Street frontage road with increased plantings and
maintenance by Chi-Chi's of the City boulevard. To require a
three feet setback would cost a number of parking spaces without
substantial City benefit.
City parking standards require one parking space per two seats
for restaurants that serve liquor. Chi-Chi's could provide
seating for up to 398 customers with 199 on-site parking spaces,
as provided for in this proposal.
Recommended Motion:
Approve the amended conditional use permit and off-street parking
permit, pursuant to the attached plans, with the following
stipulations:
1. That customer seating capacity not exceed 398, unless the
conditional use permit or parking permit is amended.
2. That a cash escrow agreement be submitted for landscape and
screening improvements before the conditional use permit will
become effective.
Basis of Recommendation:
1. The amendment would bring the use and site into compliance
with the conditional use permit and off-street parking
standards.
• 2. Chi-Chi's Inc. has already submitted a plan to the Building
Official which would reduce seating capacity to match
available parking supply.
3. The proposed plan offers the best means of using the limited
site area.
4. On March 22, 1994, the Planning Commission voted unanimously
to recommend approval of the amended conditional use permit
and off-street parking permit.
Alternative Recommendation:
1. The Council could modify the amendment, adding or deleting
stipulations as it feels appropriate.
2. The Council could deny the amendment with a finding of fact
that the proposed use would have an adverse impact on
surrounding properties or the City as.a whole.
Discussion/Decision Mode:
A public hearing is scheduled at 7 P.M. on Monday, April 11,
1994. The hearing will be held in the City Council Chambers of
Richfield City Hall, 6700 Portland Avenue. Notice of hearing was
published in the Sun-Current and mailed to property owners within
350 feet of the subject property. _
ly submitted,
Jame . Prosser
+C ty nager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 114
Agenda April 11, 1994
Issue Statement:
Authorization for payment in excess of $5,000 for auto liability
insurance deductible as part of the Hibbs lawsuit settlement.
Background:
On November 24, 19901 a Richfield Police officer was involved in
a car accident. The Police Officer was responding to a call when
a vehicle driven by plaintiff Endres pulled out of a parking lot
in front of the Police Officer. The Police Officer struck
plaintiff Endres' car which in turn struck a vehicle operated by
Robert Foreman. Plaintiff Hibbs was a passenger in the Foreman
vehicle.
Plaintiffs Endres and Hibbs filed lawsuits
their bodily injuries. The City submitted
League of Minnesota Cities Insurance Trust
attorneys have been taking steps necessary
interests of the Police Officer as well as
with respect to the claims submitted.
against the City for
these claims to the
(LMCIT). LMCIT staff
to protect both the
the City of Richfield
A settlement has been reached with plaintiff Hibbs in the amount
of $200,000. The City's share of the settlement was $110,000 and
legal fees of $20,699.96 to date. $90,000 was attributable to
Endres.
Under the covenant provided by the LMCIT there is an all lines
deductible of $50,000 per occurrence for auto liability. Since
the LMCIT retains the right to settle claims, it has done so in
this case and is now seeking reimbursement. On behalf of the
LMCIT, GAB Business Services, Inc. is requesting the City pay the
$50,000 deductible. The remainder of the settlement and the
legal fees are covered by the City's policy with the LMCIT.
The bodily injury claim of plaintiff Endres has not been settled.
Settlement negotiations are ongoing and the case is set for trial
on May 2, 1994. The same covenant also applies to the Endres
claim, so the City does not have to satisfy another deductible
once it is settled.
Recommended Motion:
Approve payment of the $50,000 auto liability deductible to
reimburse GAB Business Services, Inc.
Basis for Recommendation:
1. The LMCIT attorneys feel this is an equitable settlement for
the Hibbs claim.
2. The City will pay only the $50,000 deductible of the City's
$110,000 share of the settlement. The remaining $60,000 and
legal fees are covered by the City's insurance policy.
3C-I
0 3. This $50,000 deductible payment is the total amount payable
by the City for all liability claims arising out of this
auto accident.
Alternative Recommendation:
1. The City Council may choose to deny reimbursement to GAB
Business Services, Inc., however, the City has a contractual
obligation to reimburse the deductible amount and GAB
Business Services, Inc. could bring a claim for that amount.
2. The City could forego the settlement and allow the Hibbs
claim to go to trial, however, all insurance coverage would
be lost and the City would pay the full cost (if any) of the
award plus legal fees.
Discussion/Decision Mode:
This item has been placed on the April 11, 1994 City Council
agenda for Council approval.
ly submitted,
James D. Prosser
City M nager ,
0 JDP:ds
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0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 113
April 11, 1994
Issue Statement:
Consideration of a resolution supporting the 1994 legislative
initiatives by the League of Minnesota Cities, especially the
first City Unity Day.
Background:
The President of the League of Minnesota Cities, St. Cloud Mayor
Chuck Winkelman, as directed by the League of Cities Board of
Directors, has organized City Unity Day. Its purpose is to join
cities together and approach the State Legislature as a partner
in the government of Minnesota.
Primary concern for this effort is restoration of the shortfall
in the Local Government Trust Fund and the homestead agricultural
aid credit in 1994. The depletion of these funds in recent years
has limited the fiscal opportunities for cities to increase their
level of service without raising property taxes.
Cities Unity Day will culminate in a rally at the State Capitol
on Thursday, April 21.
Recommended Motion:
Adopt the resolution supporting the League of Minnesota Cities'
City Unity Day.
Basis of Recommendation:
1. Richfield is an active participant in the League of Minnesota
Cities.
2. This resolution provides Richfield residents responsible
governmental efforts to ensure the level of service they
expect.
Alternative Recommendation:
1. Do not adopt the resolution.
2. Amend the resolution.
Discussion/Decision Mode:
This resolution is presented for Council action on April 11,
1994.
submitted,
Ja AI A). Prosser
Ci eanaaer
0 JDP:cak
36-l
0 RESOLUTION NO.
RESOLUTION IN SUPPORT OF
LEAGUE OF MINNESOTA CITIES'
"CITY UNITY DAY"
WHEREAS, the City of Richfield is a member of the League of
Minnesota Cities; and
Day;
WHEREAS, Thursday, April 21, 1994 is Minnesota Cities Unity
WHEREAS, cities working together have established the League
of Minnesota Cities action agenda for the 1994 session of the
legislature; and
WHEREAS, in the closing days of the 1994 session many of
these issues remain unresolved.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Richfield, Minnesota, that:
1. The Legislature and Governor restore the shortfall in
the Local Government Trust Fund which they created so that there
will be no cuts in government aid (LGA) and homestead
agricultural aid credit (HACA) in 1994, and provide reliable
additional funding for LGA and HACA in future years to preserve
the fiscal stability of cities;
2. Preserve and improve the ability of cities to expand
their boundaries in order to provide city services to all who
need them;
3. Remove the aid penalties in manufacturing and
redevelopment districts so that cities will not be penalized for
improving their local economies.
4. Increase funding for roads and transit;
5. Establish a new program to clean up landfills and
adequately fund pollution clean up grants and;
6. Support the other legislative initiatives of the League
of Minnesota Cities.
Martin J. Kirsch Mayor
ATTEST:
0
Thomas P. Ferber City Clerk
RECEIVED MAR 3 1 1994
8 eil League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, MN 55126
(612) 490-5600
TO: Mayors, Managers/Administrators/Clerks
FROM: League of Minnesota Cities President
and Mayor of St. Cloud, Chuck Winkelman
DATE: March 30, 1994
RE: CITY UNITY DAY RESOLUTION AND RALLY
Thursday, April 21 will be Minnesota Cities Unity Day.
To celebrate this event, I would like you to do three things:
0 Pass the enclosed resolution at your next council meeting and send copies to your
Legislators and the Governor;
• Send the enclosed news release to your local paper; (be sure to fill in the blanks
with your city's name and your mayor's name) and;
• Encourage one or two people from your city to attend the Cities Unity Day Rally at
the State Capitol on April 21st (see enclosed registration) CITY GOVERNMENT
MAY ONCE AGAIN BE DEALT WITH UNFAIRLY IN THE TAX BILL UNLESS
YOU COME.
We must make sure the Governor and Legislature are hearing our message: cities are not a
"special interest" lobbying on their own behalf at the Legislature; cities are a partner in the
government of Minnesota, providing city services to the over three million people who live
in cities as well as those who come to our cities to work, for entertainment, or receive an
education. Almost every person in Minnesota uses city services on a daily basis.
•
36-3
NEWS
For Immediate Release
For more information call Duke Addicks, Director of Intergovernmental Relations, League of
Minnesota Cities (612) 490-5600.
LEAGUE OF MINNESOTA CITIES PRESIDENT DECLARES CITY
UNITY DAY.
"Thursday, April 21st, will be the first City Unity Day." League of Minnesota Cities
President and Mayor of St. Cloud Chuck Winkelman declared. "The League of Cities Board
of Directors has authorized a City Unity Rally at the State Capitol to demonstrate that all city
officials throughout the state are working together to improve the delivery of city services to
the over four million people who live, work and receive an education in one of our
is communities."
The city of at its meeting on joined in
the declaration of Cities Unity Day, according to Mayor
"Residents of Minnesota Cities appreciate the ability of cities to provide services at a
reasonable cost," League President Winkeeman continued. "Drinkable water, plowed and
maintained streets, sanitary sewer systems, parks and recreation programs, police and fire
protection are all taken for granted. But city government leaders are also working to
improve the local economy, ensuring that there are decent jobs and adequate housing for
all."
"To do this, city government needs fiscal stability," Winkelman adds, "Every city would like
to be fiscally independent from state assistance, but the local property tax base often is
inadequate to provide the financial resources to achieve this goal. The state contributes about
five percent (just over five hundred million dollars) of its annual revenues to help cities
maintain these services. This assistance to cities, in the form of homestead agricultural
credit aid and local government aid, helps us to keep property taxes down."
"If the Legislature and the Governor would help us strengthen our own local economies we
could rely even less on state aids, and an improved property tax base would mean lower
taxes for all. "
0
-over-
3e)- 4
"'The. Legislature and Governor seem. reluctant. to, help cities, and the residents who; use city
services daily. A modest 5 %Increase in state aid. payments would help us avoids property,
tax increases next year. We're seeking more. authorityto improve our local Economies,
through the use of tax increment financing to pay a portion of the cost of new. manufacturing
and redevelopment, and a greater ability, to manage the growth of our communities through a
more efficient boundary adjustment process."
"By rededicating ourselves to the goals of all the cities in Minnesota and working together
through the League of Minnesota Cities,. we. can send a strong message to, the state: either
help cities maintain their viability or accept. the responsibility for their. decline."
0
0
Mom
r
tan
League of Minnesota Cities
3t3-6
3490 Lexington Avenue North
St. Paul, MN 55126-8044
(612) 490-5600
CITY UNITY DAY RALLY
THURSDAY, APRIL 21
9:00 a.m. Coffee and Rolls
9:30 to 11:30 a.m. Briefing
Then walk to the Capitol to confront our Legislators outside the Senate and House
Chambers.
Meet at the Kelly Inn near the State Capitol in St. Paul
Find out how the Legislature will affect cities in the closing days of the 1994 session. Tell
your legislators how they can help cities achieve fiscal stability and improve their local
economy. THIS WILL BE THE CRITICAL TIlVIE WHEN THE OMNIBUS TAX BILL
WHICH MAY OR MAY NOT DEAL ADEQUATELY WITH OUR ISSUES IS BEING
FINALIZED. Your presence will strongly influence the outcome of this legislative session.
We hope that one or two persons from every city in the state will attend.
. Return the registration below to Julie Johns, Legislative Secretary at the League.
--------------------------------------------------------------------------------------------------------------------
YES! WE'RE COMING TO ST. PAUL TO THE LEAGUE OF MINNESOTA CITIES
CITY UNITY DAY RALLY.
City _
Name
Name
Name
(please print or type)
Registration Fee $5 in advance, $5 at the door. (Please make advance registration if at
all possible so we can have an adequate number of briefing papers) Make check payable
and mail to:
League of Minnesota Cities
Attn: Finance Department
3490 Lexington Avenue North
St. Paul, MN 55126
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 112
Agenda April 11, 1994
Issue Statement:
Adoption of a resolution establishing just compensation and
authorizing purchase of easements and partial fee takings; Phase
II 77th Street Project.
Background:
These easements and partial fee takings are required for Phase II
of the 77th Street Project. Phase II begins at Portland Avenue
and continues easterly to approximately Bloomington Avenue. The
following is a description of the necessary takings for the
project.
The property at 901 East 77th Street (Parcel #64A) is the Hampton
Place Apartments. Two temporary construction easements are
required. A driveway from the property to the street will be
constructed to access the site. Work will also include regrading
for drainage purposes. The appraisers have determined there are
no compensable damages to the property.
The property at 1001 East 77th Street (Parcel #67A) is the
Heritage Square Apartments. A temporary construction easement is
required. Two driveways from the property to the street will be
constructed to access the site. Work will also include
regrading. The appraisers have determined there are no
compensable damages to the property.
The property at 7700 12th Avenue (Parcel #69A) is the West
Virginian Apartments. A partial fee taking and temporary
easement are required from this site. The partial fee taking is
necessary to install a new sidewall, The temporary construction
easement is required to assure a property drainage grade.
Damages has been established at $200.00.
The property at 7700 Bloomington Avenue (Parcel #77A) is the
Richfield Inn Apartments. A permanent easement is required for
storm sewer drainage while a temporary easement is necessary to
install the catch basin. Damages have been set at $1,300.
Recommended Motion:
Adopt the attached resolution which establishes just compensation
for the partial fee takings, permanent easements, and temporary
easements and purchase of same.
Basis of Recommendation:
1. MnDOT and FHWA procedures were followed including
notification of the owner.
0 2-project funds are available.
• Alternative Recommendation:
Delay action.
Discussion/Decision Mode:
Approval will make it possible for this process to continue in a
timely manner and help meet project deadlines.
Respe ly submitted,
Jame Prosser
City nager
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RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION ESTABLISHING JUST COMPENSATION FOR
PARTIAL FEE TAKINGS, PERMANENT EASEMENTS, AND TEMPORARY
EASEMENTS; AND AUTHORIZING PURCHASE OF PARTIAL FEE TAKINGS;
PHASE II - 77TH STREET PROJECT
WHEREAS, the City of Richfield, Minnesota desires to
purchase certain real property pursuant to and in furtherance of
the 77th Street project (Project) heretofore adopted by the City
of Richfield (City) said real property being described in Exhibit
A, attached hereto; and
WHEREAS, the City has adopted an official map for
improvements to 77th Street; and
WHEREAS, the improvements to 77th Street necessitate the
purchase of real property; and
WHEREAS, the City is authorized by Minnesota Statutes to
acquire real property within its jurisdiction; and
WHEREAS, Minnesota Department of Transportation (MnDOT) and
Federal Highway Administration (FHWA) are funding this project;
and
WHEREAS, the City has caused appraisals of the subject
property to be made by qualified independent professional real
estate appraisers to determine fair market value; and
WHEREAS, a qualified review appraiser has certified the
appraisal report as to conformity with appraisal standards and
has certified same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. That just compensation is determined and listed in Exhibit
A, attached hereto.
2. That the City Manager is authorized and directed to commence
negotiations for the purchase of said real property.
3. That the City Manager and Mayor are authorized to execute
appropriate agreements.
4. That the City Manager is hereby directed to notify, in
writing, the owners of subject property as soon as possible
that the City intends to acquire a partial fee taking in his
property and establish eligibility for relocation benefits
if any.
?)A-3
• Adopted by the City Council of the City of Richfield,
Minnesota this 11th day of April, 1994.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
0
•
EXHIBIT A
City Council Resolution
April 11, 1994
Just Compensation
Parcel No. Property Address Just Comp ensation
64A 901 East 77th Street $ 0
PID No. 35-028-24-34-0005
67A 1001 East 77th Street $ 0
PID No. 35-028-24-34-0004
69A 7700 12th Avenue $ 200
PID No. 35-028-24-34-0003
77A 7700 Bloominton Ave $1,400
PID No. 35-028-24-43-0001
40
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Assouates, ric-
PARCEL NO.: 64A
300 Park Place Center 612-595-5775
5775 Wayzata Boulevard 1-B00-753-5775
Minneapolis, MN 55416-1228 FAX 595-5774
3A-5
PID NO.: 3S-028-24-34-000S
OWNER:. Crestwood Apartments Ltd.
Description of Taking:
A temporary easement for roadway and utility construction purposes over, under and
across the south 10.00 feet of the north 40.00 feet of the east 34.00 feet of the west 62.65
feet of the East Half of the Southwest Quarter of the Southeast Quarter of the
Southwest Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota.
Together with a temporary easement for roadway and utility construction purposes over,
under and across that part of said East Half of the Southwest Quarter of the Southeast
Quarter of the Southwest Quarter, which lies northeasterly 'of the following described
line:
_ Beginning at a point 30.00 feet southerly of the north line of said East Half
and 59.00 feet westerly of the east line thereof; thence southeasterly to a
point on said east line distant 51.17 feet southerly of the northeast comer
of said East Half and said line there terminating.
Said temporary easements expire December 31, 1994.
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TOTE: • No boundary survey work was performed as to the prodse
location orthis tract
EASEDW Xt.s
I hereby certify that this survq.pba. or report was prepared by
see or coder ray direct supervision and that I am a duly Been"
[and surveyor ender the laws of to of Minnesota.
au
O. Edward Arnes. LS. Lie. No. 11394 10,
Engineers • Architects • Planners • Surveyors
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Associates, Ult.
PARCEL NO.: 67A
300 Park Place Center 612-595-5775
5775 Wayzata Boulevard 1-800-753-5775
Minneapolis, MN 55416-1228 FAX 595-5774
311?
PID NO.: 35-028-24-34-0004
OWNER: Crestwood Apartments Ltd.
Description of Taking:
A temporary easement for roadway and utility construction purposes over, under and
across that part of the West Half of the Southeast Quarter of the Southeast Quarter of
the Southwest Quarter of Section 35, Township 28, Range 24, Hennepin County,
Minnesota, which lies northerly of the following described line:
Beginning at a point on the west line of said West Half of the. Southeast
Quarter of the Southeast Quarter of the Southwest Quarter, distant 51.17
feet southerly of the northwest corner thereof; thence southeasterly to a
point which is 16.00 feet east of said west line and 56.91 feet south of the
north line of said West Half; thence southerly, parallel with said west line a
distance of 142.09 feet; thence easterly, parallel with said north line, a
distance of 34.00 feet; thence northerly, parallel with said west line, a
distance of 134.46 feet; thence northeasterly to a point which is 40.00 feet
south of said north line and 113.82 feet east of the east line of said West
Half; thence easterly parallel with said north line to said east line and
there terminating.
Said temporary easement expires December 31, 1994.
H:\493400\SURV\MiSC'\67A
DOTE: No boundary survey work was performed as to the precise
location of tha tract
EASEDEADIS
I hereby certlfy dot this survey. pbue. or report was-prepared by
ore or under my direst supervision and dot I am a duly lleeused
IwA surveyor ruder the Iawe of the State of hibi w1a.
D. Edward Ames, LS. Ise. No. 11394
Engineers 9 Architects • Planners • Surveyors
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0A M S) t Mayeron & 5775 Wayzata Boulevard 1-800-753-5775
ASsoCiates,Inc. Minneapolis, MN 55416-1228 FAX 595-5774
PARCEL NO.: 69A
PID NO.: 35-028-24-344)003
OWNER: W. Virginian Ltd. Partnership
3/1-9
Description of Taking:
Fee Taking for Right of Way
That part of the East Half of the Southeast Quarter of the Southeast Quarter of the
Southwest Quarter of Section 35, Township 28, Range 24, Hennepin County, Minnesota,
which lies southerly of the north 30.00 feet, westerly of the east 33.00 feet, and
northeasterly of the following described line:
Beginning at a point 30.00 feet south of the north line of said East Half
and 43.00 feet west of the east line thereof, thence southeasterly to a point
that is 40.00 feet south of said north line and 33.00 feet west of said east
line and said line there terminating.
• A temporary easement for roadway and utility construction purposes over, under and
across the south 5.00 feet of the north 35.00 feet of the east 98.60 feet of the west 213.64
feet of said East Half of the Southeast Quarter of the Southeast Quarter of the
Southwest Quarter.
Together with a temporary easement for roadway and utility construction purposes over,
under and across the south 10.00 feet of the north 40.00 feet of the west 115.04 feet of
said East Half of the Southeast Quarter of the Southeast Quarter of the Southwest
Quarter.
Said temporary easements expire December 31, 1994.
H:\493400\SURV\MiSC\69A
•
NOTE: No boundary survey work was performed as to the precise
location of this tract.
EASEDEAMS
I hereby certify that this survey, plan, or report was prepared by
use or under my direct supervWou aad that I am a duly licensed
land surveyor under the laws of the State of Minnesota.
- a'Z2?t? .1
D. Edward Ames, L.S. L.ic. No. 11394 twe
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Associates, Inc. Minneapolis, MN 55416-1228 FAX 595-5774
PARCEL NO.:
PID NO.:
OWNER:
77A
35-028-24-43-0001
W. & D. Edes
Description of Parcel:
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The east. 198.00 feet of the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 35, Township 28, Range 24, Hennepin. County, Minnesota.
Description of Taking:
A permanent easement for drainage and utility purposes over, under and across the
south 28.00 feet of the north 58.00 feet of the east 10.00 feet of the west 22.33 feet of the
above described parcel.
Together with a temporary easement for utility construction purposes over, under and
across the south 33.00 feet of the north .63.00 feet of the east 20.00 feet of the west 27.33
feet of the above described parcel.
Said temporary easement expires December 31, 1994.
M\493400\SURV \MIsG'\-nA
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EASEDM.taS
NOTE: No boundary survey work was perforated as to the precise
location of this tract
I hereby certify that this survey. platy or report was prepared by
sae or under my direct supervision and that I on a duly licensed
eyor under the laws of the State of Minnesota
D. Edward Antes, LS. Lia. o. 11394 Date
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CITY OF RICHFIELD, MINNESOTA
Council Letter No.111
Agenda April 11, 1994
Issue Statement:
Proclamation designating May 7 as Arbor Day and May as Arbor
Month.
Background:
For many years, Richfield noted Arbor Day and Arbor Month in an
informal manner. The Forestry and Park Divisions coordinated a
tree-planting with the schools and Mayor; and the press usually
noted the occasion with a brief article and/or picture. These
observations of Arbor Day and Arbor Month (along with meeting
other requirements) were sufficient to grant Richfield a "Tree
City, USA" status in 1986, 1987 and 1988.
In 1989, the National Arbor Day Foundation required a
proclamation for recertification. In 1990, 1991, 1992 and 1993
the proclamation, along with proof of an official observance, was
required. Richfield received notice on April 6 that we have been
named a "Tree City, USA" for 1993. Again in 1994, an official
observance of Arbor Day is required in order to renew our "Tree
City, USA" status. In addition, many Richfield residents
appreciate the opportunity to teach their children the importance
of trees in our urban areas.
Recommended Motion:
Approve an official proclamation by the Mayor, designating May 7,
1994 as Arbor Day and May 1994 as Arbor Month in the City of
Richfield.
Basis of Recommendation:
1. Richfield has a tradition of acknowledging Arbor Day and
Arbor Month.
2. The proclamation is necessary to retain "Tree City, USA"
status in 1994.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for
Community Services Director
accept the proclamation.
the April 11, 1994 Council meeting.
Don Fondrick will be present to
It submitted,
James D.YProsser
City Ma ager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 110
Agenda April 11, 1994
Issue Statement:
Proclamation recognizing that Earth Day, nationally celebrated on
April 22, will be celebrated in Richfield in conjunction with its
Arbor Day festivities on May 7, 1994.
Background:
Earth Day has become a time when communities around the country focus
on local and global environmental issues. Together with Arbor Day
celebrations, Earth Day events are becoming established traditions
when individuals and families can show their support and learn more
about efforts to protect the environment.
Richfield's past celebrations of Earth Day have been held at Wood
Lake Nature Center. Wood Lake has held a number of different types
of Earth Day events since 1990. Two years ago, an all-day kids
environmental workshop was held which achieved national recognition.
Last year an "All Species Walk and Arbor Day Celebration" was held on
Sunday, May 2 from 12:30 p.m. to 5 p.m. The walk had coverage by
Newsweek magazine. This year's program, entitled "Endangered Species
Walk and Reusable Bag Lunch Concert," precipitated Wood Lake's
selection by the Minnesota Arbor Day Committee as the official
metropolitan area Arbor Day celebration site. The program is on
Saturday, May 7 from 12 noon to 5 p.m.
Recommended Motion:
Approve an official proclamation by the Mayor designating that the
City of Richfield does officially recognize Earth Day and will
celebrate it, in conjunction with Arbor Day, on Saturday, May 7.
Basis of Recommendation:
1. Richfield, through its Wood Lake Nature Center facility, has
established a tradition of acknowledging Earth Day through a
variety of community based programs.
2. These proclamations are becoming more standard around the country
as Earth Day becomes a part of city celebrations everywhere and
especially in Minnesota.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the April 11, 1994 Council meeting. Wood
Lake Nature Center Manager Karen Shanberg will be present to accept
the proclamation.
submitted,
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