05-09-947 agenda• CITY OF RICHFIELD, MINNESOTA
MONDAY, MAY 9, 1994
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 STUDY SESSION
OF APRIL 25, 1994 AND (2) REGULAR CITY COUNCIL MEETING OF APRIL
25, 1994
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
• LISTED ON THE AGENDA
2. PRESENTATION OF PROCLAMATION DESIGNATING MAY 9-14, 1994 SMALL
BUSINESS WEEK IN RICHFIELD
3. PRESENTATION OF PROCLAMATION DESIGNATING MAY 16-20, 1994 CITY
OF RICHFIELD EMPLOYEE HEALTH AND FITNESS WEEK
AGENDA APPROVAL
4. 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.
5A. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING HENNEPIN
COUNTY COOPERATIVE CONSTRUCTION AGREEMENT NO. PW52-19-93 FOR
IMPROVEMENT WORK AT 76TH STREET AND PENN AVENUE C.L. 136
B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING PURCHASE
OF PARTIAL FEE TAKING AND PROVIDING FOR TAKINGS AND
EASEMENTS AT WASHINGTON PARK; PHASE II 77TH STREET PROJECT
C.L. 137
C. CONSIDERATION OF APPROVAL OF RESOLUTION AMENDING APPENDIX D
OF RICHFIELD CITY CODE REGARDING FEES FOR RESIDENTIAL
DRIVEWAYS AND PARKING AREAS C.L. 138
D. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR RENOVATION OF ONE WASTEWATER RODDING MACHINE FROM
FLEXIBLE PIPE TOOL COMPANY IN AMOUNT OF $7,043.80 C.L. 139
E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
EMERGENCY REPAIR OF AIR CONDITIONING AT CITY HALL FROM
GARTNER REFRIGERATION IN AMOUNT OF $13,885 C.L. 140
F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
TORO GREENSMASTER 3000 MOWER AT RICH ACRES GOLF COURSE FROM
MTI DISTRIBUTING, INC. IN AMOUNT OF $10,462.56 C.L. 141
G. ESTIMATE #10 PAYMENT FOR WATER TREATMENT PLANT MODIFICATION;
BOR-SON CONSTRUCTION; $24,098.00
PUBLIC HEARING
6. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT
RELATING TO COUNCIL SALARIES
• COUNCIL LETTER NO. 142
RESOLUTIONS
7. CONSIDERATION OF RESOLUTION ESTABLISHING TERM OF APPOINTMENT
AND DEFINITION OF YOUTH APPOINTMENT TO ADVISORY BOARDS AND
COMMISSIONS
COUNCIL LETTER NO. 143
8. CONSIDERATION OF RESOLUTION REGARDING FINDINGS, CONCLUSION
AND DECISION RELATED TO DENIAL OF COMMERCIAL KENNEL LICENSE
APPLICATION FOR VETERINARIAN JOEL D. LOCKETZ AT PET FOOD
WAREHOUSE, 710 WEST 66TH STREET
COUNCIL LETTER NO. 144
PROPOSED ORDINANCE
9. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT
ESTABLISHING FOOD TO LIQUOR RATIO FOR NON-INTOXICATING MALT
LIQUOR LICENSES
• COUNCIL LETTER NO. 145
ADMINISTRATIVE REPORTS & OTHER BUSINESS
.10. CONSIDERATION OF AUTHORIZATION TO FILL VACANCY CREATED BY
RETIREMENT IN COMMUNITY SERVICES DEPARTMENT/STREET
MAINTENANCE DIVISION
COUNCIL LETTER NO. 146
AIRPORT BUSINESS
11. AIRPORT STATUS REPORT
77TH STREET PROJECT BUSINESS
12. 77TH STREET PROJECT STATUS REPORT
CORRESPONDENCE
13. LEGISLATIVE REPORT
COUNCIL CHOICE
0 14..COUNCIL DISCUSSION ITEMS
15. 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.
•
CITY OF RICHFIELD, MINNESOTA
Council Letter No.146
Agenda May 9, 1994
Issue Statement:
Approval to fill vacancy created by retirement in the Community
Services Department/Street Maintenance Division.
Background:
The Street •Supervisor retired under the State's "early retirement
incentive program." The State has indicated it is necessary to
have approval of the local authority to fill any vacancy created
through retirement as a result of this program.
With Phase I and II construction on 77th Street, construction at
76th Street and Penn Avenue, two major park redevelopment
projects and other minor construction projects taking place in
1994, it is necessary to reassign the Maintenance Superintendent
to assist with the City's responsibility for these projects. The
Street Supervisor position, a full-time position, has been vacant
since January. With authorization to fill the Street Supervisor
position, this employee could supervise street surfacing and
patching, signing and striping, tree removal and trimming
operations, snow removal, and salting and sanding,. This request
to fill the Street Supervisor position does not result in an
increase in the number of employees for this Division.
Recommended Motion:
• Authorize the recruitment and hiring of one Street Supervisor for
the Street Maintenance Division in the Community Services
Department.
Basis of Recommendation:
1. The former employee elected to retire through the State's
"early retirement incentive program."
2. It is necessary to fill this vacancy.
3. The local authority must approve filling of any vacancy
created through retirement as a result of the program.
Alternative Recommendation:
Do not authorize filling the vacancy. This action, however,
would have a profound effect on the City's ability to meet the
demands for the construction projects scheduled for 1994 and for
programs performed by the Street Maintenance Division.
Discussion/Decision Mode:
Action is requested at the May 9, 1994 Council meeting.
ly submitted,
Refanager
• Jarosser
CiJDP:cak
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 145
Agenda May 9, 1994
Issue Statement:
First reading of an ordinance amendment establishing a food
to liquor ratio for non-intoxicating malt liquor licenses.
Background:
At a recent Study Session, the Council directed staff to
survey the current non-intoxicating malt liquor licensees to
determine their food to liquor ratio. The survey includes:
? Airport Bowl 60% food - 40% alcohol
? Lariat Lanes 30% food - 70% alcohol
? Sandy's Tap 60% food - 40% alcohol
? Frenchmans 60% food - 40% alcohol
Other liquor licenses are required to have a "substantial"
amount of food served or in the case of wine licenses, wine
can only be served with food.
The Council also desired some form of requirement on the non-
intoxicating liquor licenses. Therefore, based on the
• survey, staff recommends a 25% food to 75% alcohol
requirement.
Recommended Motion:
Amend Section 1210 of the ordinance code adding Section
1210.27 subd. 4, Food to Non-Intoxicating Liquor Ratio
Requirement to be not less than 75% food or more than 75%
non-intoxicating liquor for all non-intoxicating malt liquor
licensees as defined in Section 1210.
Basis of Recommendation:
1. This amendment provides some consistency in the City's
policy on liquor licenses in general.
2. All other license's are either required to have food as a
"principle part of the business" or food must be served
with wine.
Alternative Recommendation:
1. Do nothing. Leave the current non-intoxicating malt
liquor license as is. Although the food to liquor ratio
issue has not been a problem to date, the potential
exists by not establishing some criteria.
2. Establish a higher food to liquor ratio. Intoxicating
liquor licenses are required to serve at least 51% food.
• Wine licensees must serve food with the beverage.
Cl_
. Discussion/Decision Mode:
First reading of an ordinance amendment amending Section 1210.27
adding subd. 4, Food to Non-Intoxicating Malt Liquor Ratio
Requirement to be not less than 25% food and not more than 75%
non-intoxicating malt liquor and scheduling June 13, 1994 as a
public hearing and second reading.
ResRe ully submitted,
Ci
JDP:ds
11
. Prosser
0
0 BILL NO.
AMENDMENT TO SECTION 1210.27
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
Section 1210.27 of the ordinance code of the City of
Richfield entitled "Other Conditions" is hereby amended by adding
the following:
Subd. 4. Food to Non-Intoxicating Malt Liquor Ratio Requirement.
Anv oerson. firm. corporation, club. tavern or anv other entitv
holdina a license under this section shall be reauired to serve
not less than twenty five percent (25%) food and not more than
seventy five percent (75%) non-intoxicating malt liquor as a
condition of their license. Each licensee will be required to
affirm this requirement to the Department of Public Safety at
time of renewal in the form' established by the Director of Public
Safety.
Passed by the City Council of the City of Richfield,
Minnesota this day of , 1994.
• Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 144
Agenda May 9, 1994
• Issue Statement:
Consideration of resolution regarding findings of facts related
to the denial of a commercial kennel license to Joel D. Locketz,
Doctor of Veterinary Medicine, at 710 West 66th Street.
Background:
At the April 25 regular Council meeting, Dr. Joel D. Locketz's
application for a commercial kennel license was considered by the
Council. The applicant proposed to work out of the new Pet Food
Warehouse, 710 West 66th Street. Dr. Locketz's affiliation with
Pet Food Warehouse was that of a leasee for space to conduct
routine wellness exams and certain preventative inoculations to
dogs and cats.
The Council received testimony from area veterinarians and other
interested parties.
After Council discussion on the issue, the license was denied and
the City Attorney was instructed to prepare the findings of facts
in support of the denial.
Recommended Motion:
Approve the findings of facts related to the denial of a
commercial kennel license to Joel D. Locketz, D.V.M., at 710 West
66th Street.
Basis of Recommendation:
It is necessary that when the Council denies a license, the
reasons; i.e. findings of facts, for the denial be drafted and
acted upon.
Alternative Recommendation:
1. The Council may wish other facts included in the findings.
2. The Council could decide to reconsider the license request.
However, it would be appropriate to notify the persons who
expressed interest in this issue prior to the reconsideration
so that their concerns could be expressed.
Discussion/Decision Mode:
Recommendation to accept the findings of facts which support the
denial of a commercial kennel license to Dr. Joel S. Locketz, 710
West 66th Street, is presented
for the Council's consideration.
Respect- ,; ?lTy submitted,
Ja s Prosser
. Ci Ty alter
JDP:cak
RESOLUTION NO. U -/
FINDINGS, CONCLUSION AND DECISION REGARDING
• APPLICATION FOR COMMERCIAL KENNEL LICENSE AT
710 WEST 77TH STREET
BE IT RESOLVED, by the City Council of the City of Richfield
as follows:
I. The City Council hereby makes the following findings of
fact.
FINDINGS OF FACT
1. The City of Richfield (the "City") regulates, by
ordinance, certain commercial activities involving dogs and cats.
2. The primary source of such regulations is contained in
subsection 905.31 which requires the issuance of a commercial
kennel license as a precondition to engaging in "the business of
selling, boarding, breeding, showing, treating or grooming dogs
or cats..."
3. On or about March 28, 1994, the City received an
application for a commercial kennel license (the "Application")
from Joel D. Locketz, D.V.M. (the "Applicant"). The specific
activity for which licensure was sought was the vaccinations of
dogs and cats at 710 West 66th Street.
• 4. The Applicant was proposing to sublease space at that
address from Pet Food Warehouse.
5. The Application came before the City Council for review
and action at its April 25, 1994 meeting. The Applicant was
present along with the Applicant's legal representative and was
given an opportunity to present information and respond to
inquiries or to comments from others who were present and gave
information.
6. The Application was opposed by a number of individuals
who were engaged in the practice of veterinarian medicine in the
area and such individuals were given the opportunity to provide
both written and oral information to the City Council.
7. The area where the licensed activity is proposed to
occur is a strip type shopping center located at the intersection
of 66th Street and Lyndale. The center, which has been open for
business for less that 10 years has been very successful in terms
of the volumes of traffic and patrons it has attracted. The
center is served by a large common parking area which lies in
front of the shops. The parking area is frequently at or near
maximum capacity. The shopping center also houses a restaurant.
8. Pet Food Warehouse, the tenant and principal occupant
• of the premises, has recently opened a retail outlet at this
location. One of the special features of the Pet Food Warehouse
operation is that customers are encouraged to bring their pets
with them when they shop. Applicant's activity would be
conducted in a portion of the premises which has separate
entrances and exits, however, neither the Applicant nor the
c
operators of Pet Food Warehouse indicated any plans to restrict
entrance and exit to the vaccination clinic from the store.
• II. The City Council hereby makes the following conclusions.
CONCLUSIONS
1. The uses of land are regulated primarily through zoning
and licensing. The two forms of regulation should be viewed as
complimentary to one another. Both are intended to preserve,
project and promote the public health, safety and welfare.
2. The Council is concerned that permitting the licensed
activity to occur at a location which uses one of the busiest
parking lots and at one of the busiest intersections of the City
may create risks to public safety. Notwithstanding existing
leash and restraint regulations in the City, some owners of pets
do on occasion allow their pets to be at large. The risk of
injury or harm is magnified in the close confines of the busy
parking area which would serve the licensed activity.
3. The Council is further concerned that permitting the
licensed activity at the proposed location may create risk to
public health. Because of the size of the parking area, the
prompt removal of animal feces will be very difficult.
Permitting the licensed activity would heighten the risk that
animal feces may be tracked into the center's restaurant, and the
potential for food contamination.
is 4. Although the clinic is proposed to only vaccinate well
animals, the availability of a veterinarian may prompt
individuals to bring in sick animals for examination. This will
have the effect of exposing the other animals at Pet Food
Warehouse, and products which are sold there to illness.
III. Based upon the foregoing, the Council hereby makes the
following decision.
DECISION
The Application for a commercial kennel license by Joel D.
Locketz, D.V.M., to allow the vaccination of animals at 710 West
66th Street is hereby in all respects DENIED.
Martin J. Kirsch, Mayor
ATTEST:
is Thomas P. Ferber, City Clerk
• CITY OF RICHFIELD, MINNESOTA
Council Letter No.143
Agenda May 9, 1994
Issue Statement:
Consideration of a resolution establishing definition and term of
appointment for youth appointments to City boards and
commissions.
Background:
Three City .boards and commissions currently appoint youth
members. These youth appointees are fully participating members
of their respective boards/commissions and their participation
and attendance is important.
During the past several years it has become apparent that a
procedural modification in the term of appointment for the youth
representatives would be beneficial to both the students and the
commissions. The proposed modification would change the one year
appointment to begin on June 1 and end on May 31 instead of the
current February l through January 31 appointment. The modified
appointment period would coincide with,the normal school year and
provide for better continuity.
It has also been suggested that the term "youth member" be better
• defined. To that end, it is suggested that the youth appointment
be for individuals under 21 years of age. This would provide for
members of either high school or college age.
The attached resolution provides for the two previously described
changes and would make the first one year term from June 1, 1994
to May 31, 1995. Any current student members who were appointed
earlier this year could be reappointed to the new term if they
choose to seek such an extended appointment.
Recommended Motion:
Consider the resolution establishing the definition and term of
appointment of student representatives to the City's boards and
commissions.
Basis of Recommendation:
1. At least one commission has suggested that such a change in
the term of appointment be considered by the City Council.
2. Restructuring the youth members' appointment with the school
year instead of the calendar year would likely provide for
better participation in board/commission activities
throughout the term of appointment.
3. Defining the "youth member" to someone under 21 years of age
provides a framework for making such appointments and
establishes how long a "youth" appointee may continue to
function in such a role on a board or commission.
17-1
0 Alternative Recommendation:
1. The City Council may decide not to make any changes in the
policy.
2. The City Council may decide to adopt only one of the suggested
changes.
3. The City Council may decide to change the appointment dates
and the definition of youth appointment to something other
than recommended in the resolution.
Discussion/Decision Mode:
It is suggested that these changes be adopted at the May 9, 1994
City Council meeting so that the City Council can proceed with
current student appointments for June 1, 1994.
Respec y submitted,
James Prosser
City M ager
JDP:ds
l1
7 _a.
• RESOLUTION NO.
RESOLUTION ESTABLISHING THE TERM OF APPOINTMENT
AND DEFINITION OF YOUTH APPOINTMENT
TO ADVISORY BOARDS AND COMMISSIONS
WHEREAS, the City Council has established from time to time
boards and commissions to serve in an advisory capacity to the
City Council; and
WHEREAS, annually the City Council appoints one or more
youth members to certain boards and commissions; and
WHEREAS, the current one year appointments for youth members
do not coincide with the school year; and
WHEREAS, it would be desirable to have youth member
appointments follow the normal school year; and
WHEREAS, defining a "youth member" would be helpful in
establishing youth membership to various advisory boards and
commissions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
is 1. The youth members to advisory boards and commissions be
appointed for a one year appointment commencing on June 1 and
ending on May 31 of each year or until their successors are
named and qualified.
2. That the youth members appointed for 1994 be appointed for a
one year appointment commencing June 1, 1994 and ending May
31, 1995.
3. That youth members be defined as individuals who are less than
21 years of age at the time of their appointment.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of May, 1994.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 142
Agenda May 9, 1994
Issue Statement:
Public hearing and second 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.
First reading of the ordinance amendment was approved on April
11, 1994 and a notice of public hearing was published on April
27, 1994 in the Richfield Sun Current.
The 2.5% increase would adjust the Mayor's 1995 salary to $7762
per year and Council Member 1995 salaries to $6025 per year.
Recently updated salary survey information shows that the 1994
average salaries for Mayor and Council Members are $8,216 and
$6,176 respectively.
Recommended Motion:
Conduct the public hearing and approve second 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.
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.
0 2. The City Charter stipulates that Council Member salaries may
be adjusted only by ordinance..
3. First reading of the ordinance amendment was approved on
April 11, 1994.
Alternative Recommendation:
1. Continue discussion of this item to another Council meeting.
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 second reading at the May 9,
1994 City Council meeting. If the ordinance is approved, salary
increases would become effective in 1995.
ly submitted,
• JDP:cak
Ja
Ci
. Prosser
•
?-(D-
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
$7,762 per year.
Subd. 2. Council. The salary of a member of the council is
$--5;87& $6,025 per year.
Passed this 9th day of May, 1994 by the Richfield City
Council.
. Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
9
APR-29-1994 08:36
6-3
7328 Fremont Ave. So.
Richfield, MN 55423
April 25, 1994
Dear Councilman Sandahl,
Like marry citizens in our city I find it difficult to come to speak at a public hearing. However, I wish to go
on record as favoring the raise in compensation being considered for council members.
I reMularly watch the meetings on cable and recently attended several in their chambers.
It is clear they do not serve for the money they receive. The public sees only a small portion of the work
they do. The phone calls, study sessions, special committee appointments and commission liaison work
add innumerable hours to their total time commitment.
I would like the makeup of the council to reflect the diversity of our community and would hope that no
person would be denied the opportunity to serve because their expenses would not be covered.
I thank the council for their service to the community and recommend the fair increase be approval.
Sincerely,
Merilyn B. Jensen
0
TOTAL P.02
5F
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 141
Agenda May 9, 1994
Issue Statement:
Consideration of purchase in excess of $5,000 for mower at Rich
Acres Golf Course.
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.
One fully depreciated Greensmaster 3000, purchased in 1988 (Unit
#47), is scheduled to be replaced in 1994. Staff solicited
quotations in an informal bidding process, including trade-in
prices on the 1988 Toro GM3000 Greensmaster. North Star Turf,
Inc., who submitted a quotation for a Jacobsen GreensKing IV in
the amount of $13,050 for 1993, did not submit a quotation in
1994. Two vendors quoted on a Toro Greensmaster 3000. The
quotes are as follows:
MTI Distributing
• Add for Set of V,
Less Trade-In of
Less Trade-In of
Total
Company $12,288
Brti-Cut Thatching Units 1,536
1988 Toro GM300 (3,500)
Verti-Cut Reels (500)
$9,824 plus tax
Erv's Lawn Mower Repair $12,600
Add for Set of Verti-Cut Thatching Units 1,750
Less Trade-In of 1988 Toro GM300 (3,000)
Less Trade-In of Verti-Cut Reels 150)
Total $10,850 plus tax
The Central Garage approved 1994 Motor Pool budget contains
adequate funding for this purchase.
Recommended Motion:
Approve a purchase order to MTI Distributing, Inc. for a total of
$13,824, less trade in of $4,000, plus sales tax of $638.56 for a
total of $10,462.56 for the 1994 Toro Greensmaster 3000.
Basis of Recommendation:
1. The mowers presently owned by the Golf Course are Toro brand,
and parts would be interchangeable with the new machine.
2. There is adequate funding in the approved 1994 Motor Pool
budget.
0 3. MTI Distributing Company has proven to be a very reliable
vendor for the City.
5F-(
Alternative Recommendation:
Council may choose to not purchase at this time and instruct
staff to obtain new quotations.
Discussion/Decision Mode:
This item is on the May 9, 1994 consent calendar. Staff is
requesting approval at this time in order to facilitate timely
delivery of the unit.
Respectfully submitted,
rosser
JameImager
City JDP:ds
40
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 140
Agenda May 9, 1994
Issue Statement:
Consideration of purchase in excess of $5000 for emergency repair
of air conditioning equipment at City Hall.
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.
On Saturday, April 23, while attempting to turn on the City Hall
air conditioning for the season, it was discovered that the
system was without refrigerant. On Monday, April 25, the
equipment was disassembled. The tubes in both condensers are
leaking refrigerant. City staff does not have the expertise nor
the equipment to make the necessary repairs to the 29 year old
equipment. Quotations for repairs were sought from five vendors.
Two quotations were provided: .
Gartner Refrigeration $13,885
• Cool Air Mechanical, Inc. $14,100
It is estimated the work will take at least a week.
Recommended Motion:
Approve a purchase order to Gartner Refrigeration in the amount
of $13,885 to repair City Hall air conditioning condensers.
Basis of Recommendation:
1. The air conditioning at City Hall is not working.
2. The air conditioning at City Hall must be repaired.
3. Gartner Refrigeration submitted the lowest quotation for the
work required.
4. The 1994 revised budget will be written to include the cost
of this work.
Alternative Recommendation:
1. The Council may elect to not repair the City Hall air
conditioning. However, it will be very warm and
uncomfortable during the summer months.
2. The Council may direct staff to seek additional quotations.
However, staff believes additional quotations will be
• difficult to obtain and, if obtained, will probably exceed
the lowest quotation currently submitted.
`/ 9 I I
Discussion/Decision Mode:
This item is on the May 9, 1994 Council agenda. Action is
requested at this time to facilitate repair of the system as soon
as possible.
Respectfu y submitted,
James Prosser
City nager
JDP:ds
•
0
J?
0 CITY OF RICHFIELD, MINNESOTA
Council Letter No. 139
Agenda May 9, 1994
Issue Statement:
Consideration of purchase in excess of $5,000 to renovate one
wastewater rodding machine for a total purchase price of
$7,043.80.
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 current rodding machine, used to cut roots from sewers, is
ten years old and scheduled for replacement this year. After
considering the available equipment, the decision is to renovate
the present machine by installing new controls similar to the new
machines. The number of hours on the current machine is low, and
with the additional controls, the machine will easily serve many
more years. Renovating the old machine will save about $7,000
over buying new.
Recommended Motion:
• Approve a 1994 purchase order to Flexible Pipe Tool Company in
the amount of $7,043.80 for the renovation of the rodding
machine.
Basis of Recommendation:
1. Flexible Pipe Tool Company is the original supplier of the
equipment and the only company capable of doing the
renovation.
2. The 1994 Central Garage Adopted Budget includes $14,000 plus
trade-in for the replacement of a new rodding machine. The
savings is approximately $7,000 if the machine is renovated.
Alternative Recommendation:
1. Purchase a new machine as planned at an estimated price of
$22,000, less trade-in.
2. No replacement or renovation.
Discussion/Decision Mode:
Staff requests approval at the May 9, 1994 Council meeting.
Respect lly submitted,
• Jam s Prosser
City anager
JDP:ds
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 138
Agenda May 9, 1994
Issue Statement:
Adoption of a resolution to amend Appendix D of the Richfield
City Code regarding fees for residential driveways and parking
areas.
Background:
On March 28, 1994, the City Council approved an ordinance to
regulate residential driveways, parking areas and sidewalks.
The Council also set a permit fee based on the value of the
driveway or parking area.
After review, staff has determined that a more appropriate flat
fee of $25 should apply.
Recommended Motion:
Adopt the attached resolution which amends Appendix D, changing
the fee for residential driveway and parking area permits to $25.
Basis of Recommendation:
1. Residential sidewalks would no longer require a permit.
. 2. The $25 fee would adequately cover the administrative costs
related to the implementation of this ordinance.
3. This change would make it easier for contractors to calculate
estimates and project costs for their customers.
Alternative Recommendation:
1. The City Council could modify the amendment, increasing or
decreasing the permit fee.
2. The City Council could decide not to change the current
permit fee, which is based on project value.
Discussion/Decision Mode:
The Council will consider this item on the consent calendar of
the May 9, 1994 regular meeting.
Respegtf*lly submitted,
Ja e . Prosser
Ci v anaaer
JDP:ds
0
,DC I
• RESOLUTION NO.
RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 8088
ENTITLED "RESOLUTION ESTABLISHING 1994 LICENSE, PERMIT AND
MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING
RESOLUTION NO. 7950"
j
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
Section 2 paragraph 1(a) be amended to read as follows:
TYPE OF PERMIT SECTION
OR LICENSE REQUIRING FEE SCHEDULE
(lA)Driveway, Parking Area Permits 515.05 $25.00
(No permit fee for sidewalks)
Passed by the City Council of the City of Richfield,
Minnesota this 9th day of May, 1994.
• Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
58
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 137
Agenda May 9, 1994
Issue Statement:
Adoption of a resolution authorizing purchase of a partial fee
taking and providing for takings and easements at Washington
Park; 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 Washington Park. The following is a
description of the necessary takings for the project.
For 7700 Portland Avenue, just compensation was set on March 14th
at $2,300. Negotiations have concluded with the owner willing to
sell the partial fee for $3,000. Albeit small, this piece of
ground is essential for the project and condemnation costs are
estimated at a minimum of three times the proposed purchase
price.
Takings from Washington Park include a permanent taking at the
south edge indicated on the attached map by the label "NEW R/W"
and two easements. One is a temporary easement for construction
. purposes labeled on the map "80-TE." It will permit grading work
to be undertaken. The second easement is a drainage easement and
will permit the short term collection of storm water. It is
labeled "80-DE" on the map. It is important to note that the
construction work to accommodate the needs of the 77th Street
will be undertaken within the context of the park improvement
project. The park improvements reflect the needs of the 77th
Street Project. The value of these takings has been placed at
$31,500. However, at this time, FHWA is not authorizing payment
by the project for these takings because of the prior purchase of
the adjoining apartment property, the residual of which FHWA
considers to be replacement land for that being taken by the
project from the park.
Recommended Motion:.
Adopt the attached resolution which:
1. Authorizes payment of $3,000 for the partial fee taking at
7700 Portland Avenue;
2. Sets just compensation for the Washington Park takings at
$31,500 but prohibits payment unless subsequently authorized
by FHWA.
3. Authorizes the Mayor and City Manager to execute documents to
effectuate the takings at 7700 Portland and Washington Park.
• Basis of Recommendation:
1. MnDOT and FHWA procedures were followed.
58-1
• 2. Project funds are available.
3. These takings are necessary for the project.
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.
Respectf ly submitted,
James D. Prosser
City pager
JDP:ds
0
,5i5 -
J-RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
A RESOLUTION ESTABLISHING JUST COMPENSATION FOR
A PARTIAL FEE TAKING, AND TEMPORARY EASEMENTS;
AND AUTHORIZING PURCHASE OF SAME;
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
appropri,
4. That the
writing,
that the
property
if any.
City Manager and Mayor are authorized to execute
ate agreements.
City Manager is hereby directed to notify, in
the owners of subject property as soon as possible
City intends to acquire a partial fee taking in his
and establish eligibility for relocation benefits
5b-3
• Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of May, 1994.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
0
• EXHIBIT A
LEGAL DESCRIPTIONS
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$chelen 300 Park Place Center 612-595-5775
OAWS)t Mayeron& 5775 Wayzata Boulevard 1-800-753-5775
Associates, Inc. Nlinneapolis, MN 55416-1228 FAX 595-5774
PARCEL NO.:
PID NO.:
OWNER:
52A
34-028-24-44-0006
Elsen Brothers Inc.
Description of Taking:
Fee Taking for Right of Way
The part of Tract A, Registered Land Survey No. 665, files of the Registrar of Titles,
Hennepin County, Minnesota, which lies northeasterly of the following described line:
Commencing at the northeast corner of said Tract A; thence westerly along
the north line thereof, a distance of 20.00 feet, to the point of beginning of
the line to be described; thence southeasterly to a point on the east line of
said Tract A, distant 20.00 feet southerly of the northeast comer thereof
and said line there terminating.
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NOTE: No boundary survey work was performed as to the precise
location of this trail
EASE0EA2.XLS
I hereby certify that this survey, plan, or report was prepared by
me or under my direct supervision and that I am a duly licensed
land surveyor under the laws of the State of Minnesota
Q -? L 1/ 4
D. Edward Ames, LS. Uc. No. 11394 Date
Engineers - Architects - Planners - Surveyors
11
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Schelen 300 Park Place Center 612-595-5775
OAMS)t Mayeron& 5775 Wayzata Boulevard 1-800-753-5775
AsSociates,lnc. Minneapolis, MN 55416-1228 FAX 595-5774
-19
PARCEL NO.:
PID NO.:
OWNER:
14
80
35-028-24-44-0005
City of Richfield
Description of Parcel:
/3 - ?
That part of the East Five-Eighths of the Southeast Quarter of the Southeast Quarter of
Section 35, Township 28, Range 24, Hennepin County, Minnesota, which lies west of the
southerly extension of the east line of 18th Avenue South as laid out in the plat of
LARSONS SOUTH VIEW GARDENS 2ND ADDITION and which lies north of 77th
Street East.
Description of Taking:
Fee Taking for Right of Way
That part of the above described parcel lying southerly of the following described line:
Beginning at a point on the west line of said parcel distant 37.00 feet north
of the south line thereof; thence east, parallel with said south line, a
distance of 251.15 feet; thence easterly a distance of 189.62 feet along a
tangential curve, concave to the north, having a radius of 907.43 feet and a
central angle of 11 degrees 58 minutes 21 seconds; thence easterly, tangent
to said curve a distance of 82.12 feet to a point on the east line thereof and.
said line there terminating.
A permanent easement for drainage and utility purposes* over, under and across that part
of the above described parcel lying southerly of the following described line;
Beginning at a point on the west line of said parcel distant 291.34 feet
north of the south line thereof; thence east, parallel with said south line, a
distance of 165.00 feet; thence northeasterly to a point that is 386.84 feet
north of said south line and 140.00 feet west of the east line thereof;
thence east, parallel with said south line, a distance of 140.00 feet to a
point on the east line thereof and said line there terminating.
E
TOTE: No boundary survey work was, performed as to the precise
location of this tract.
EASEDEA2.XLS
I hereby certify that this survey, plan, or report was prepared by
me or under my direct supervision and that I am a duly licensed
7 ur eyor under the laws of the State esota.
//J?/w
D. Edward Ames, L.S. D' . o. 11394
Engineers • Architects • Planners • Surveyors
Parcel No. 80
~• contd.
Together with a temporary easement for construction purposes over, under and across
that part of the above described parcel lying southerly of the following described line:
Beginning at a point on the west line of said parcel distant 306.34 feet
north of the 'south line thereof; thence east, parallel with said south line, a
distance of 80.00 feet; thence northeasterly to a point that is 498.83 feet
north of said south line and 270.00 feet west of the east line thereof,
thence northeasterly to a point on the south right of way line of 76th Street
East distant 60.00 feet west of the east line of said parcel; thence east
along said south right of way line a distance of 60.00 feet to the east line
thereof and said line there terminating.
Said temporary easement expires December.31, 1994.
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0 EXHIBIT B
JUST COMPENSATION
Parcel Number Property Address Just Compensation
59A 7700 Portland Ave. $3,000
7600 - 18th Ave.
80 (Washington Park $31,500
0
SF
CITY OF RICHFIELD, MINNESOTA
Council Letter No.136
Agenda May 9, 1994
Issue Statement:
Consideration of a resolution approving Hennepin County
Cooperative Construction Agreement No. PW52-19-93.
Background:
On April 25, 1994, the Richfield City Council approved Hennepin
County Agreement No. PW52-19-93. The agreement is for
improvement work at 76th Street and Penn Avenue. The County has
requested the Council to adopt a resolution related to that
action.
Recommended Motion:
Adopt the attached resolution authorizing execution of Hennepin
County Cooperative Construction Agreement No. PW52-19-93.
Basis of Recommendation:
1. The Council has previously approved the agreement.
2. Hennepin County has asked for a formal resolution authorizing
execution of the agreement.
• Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is on the May 9, 1994 Council agenda. Action is
requested at this time so as to not delay the work at 76th Street
and Penn Avenue.
ly submitted,
James
City
JDP:ds
Prosser
0
'5p-?
RESOLUTION NO.
RESOLUTION APPROVING HENNEPIN COUNTY COOPERATIVE CONSTRUCTION
AGREEMENT NO. PW52-19-93
WHEREAS, it has been deemed advisable and necessary for the
City of Richfield to enter into an agreement with Hennepin County
as approved at the April 25, 1994 City Council meeting.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Richfield, Minnesota to execute such agreement, and
thereby assume for and on behalf of the City all of the
contractual obligations contained therein.
Adopted by the City Council of the City of Richfield, Minnesota
this 9th day of May, 1994.
Martin J. Kirsch Mayor
ATTEST:
n
Thomas P. Ferber City Clerk
•