4-12-93 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, APRIL 12, 1993
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL STUDY SESSION OF
MARCH 22, 1993; (2) REGULAR CITY COUNCIL MEETING OF MARCH 22, 1993;
(3) SPECIAL CITY COUNCIL MEETING OF APRIL 5, 1993; AND
(4) CITY COUNCIL STUDY SESSION OF APRIL 5, 1993
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 18-24, 1993
VOLUNTEER RECOGNITION WEEK IN RICHFIELD
3. PRESENTATION OF PROCLAMATION DESIGNATING MAY 1-8 AS NATIONAL
DRINKING WATER WEEK AND MAY 1 AS NATIONAL DRINKING WATER DAY IN
RICHFIELD
COUNCIL LETTER NO. 96
4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 2 AS ARBOR DAY AND
MAY AS ARBOR MONTH IN RICHFIELD
COUNCIL LETTER NO. 97
AGENDA APPROVAL
5. 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.
6A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING REQUEST FOR
FEDERAL GRANT FUNDS FOR REPLACEMENT VEHICLE TO SERVICE SENIOR
CITIZEN AND ADAPTIVE PROGRAMS C.L. 98,
B. CONSIDERATION OF APPROVAL OF GRANT APPLICATION TO MINNESOTA
DEPARTMENT OF.TRANSPORTATION FOR PEDESTRIAN AND BICYCLE
ENHANCEMENT PROJECT C.L. 99
C. CONSIDERATION OF APPROVAL OF REQUEST FOR AMENDED OFF-STREET
PARKING PERMIT'TO RESTRUCTURE PARKING AT WOODLAKE PLAZA SHOPPING
'CENTER, 6401-35 LYNDALE AVENUE C.L. 100
D. CONSIDERATION OF APPROVAL OF REQUEST FOR OFF-STREET PARKING PERMIT
FOR LUTHERAN BROTHERHOOD, 7701 NICOLLET AVENUE C.L. 101
E. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST
COMPENSATION FOR TEMPORARY EASEMENTS AT 7644 LYNDALE AVENUE; 77TH
STREET PROJECT C.L. 102
F. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF 7644 COLUMBUS AVENUE,
7645 TENTH AVENUE,.7644.11TH AVENUE, 7644 15TH AVENUE, AND 7644
BLOOMINGTON AVENUE; 77TH STREET PROJECT C.L. 103
G. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING PURCHASE OF
TWO TEMPORARY CONSTRUCTION EASEMENTS AT 7632 DUPONT AND 7638
PLEASANT AVENUES; 77TH STREET PROJECT C.L. 104
H. CONSIDERATION OF APPROVAL OF SUPPLEMENTAL AGREEMENT TO BRW,
INC./ORR-SCHELEN-MAYERON AND ASSOCIATES CONTRACT FOR ENGINEERING
SERVICES FOR 77TH STREET PROJECT C.L. 105
I. CONSIDERATION OF APPROVAL OF RESOLUTION APPOINTING SPECIFIC CITY
STAFF AS BOARD OF HEALTH'S AGENT(S) WITH MINNESOTA DEPARTMENT OF
HEALTH C.L. 106
J..CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
DEFIBRILLATOR AND ACCESSORIES FOR FIRE DIVISION FROM SPACELABS
MEDICAL IN AMOUNT OF $5,772.31 C.L. 107
K. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR
REMOVAL AND DISPOSAL OF OLD TANKS AND INSTALLATION OF TWO NEW
1,000 GALLON STORAGE TANKS AT RICH ACRES GOLF COURSE FROM PUMP &
METER SERVICE, INC. IN AMOUNT OF $13,886 C.L. 108
L. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR SIGN
TO BE ERECTED AT VETERANS MEMORIAL PARK OF RICHFIELD TO ADVERTISE
PARK AND ADVENTURE STYLE MINIATRUE GOLF COURSE FROM REDWOOD SIGNS
BY HORNIBROOK IN AMOUNT OF $13,391 C.L. 109
M. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND PURCHASE
OF ONE 16' HYDROSTATIC TRACTOR ROTARY MOWER FROM MTI DISTRIBUTING
COMPANY IN AMOUNT OF $57,022.23 (INCLUDING TAX) C.L. 110
N. CONSIDERATION OF APPROVAL OF REQUEST FOR AMENDED OFF-STREET
PARKING PERMIT FOR PAUL'S RENTALS, 6253-PENN AVENUE C.L. 111
0. CONSIDERATION OF APPROVAL OF REQUEST FOR NEW 1993 RENTAL OF
UTILITY TRAILERS AND TRUCKS LICENSE FOR PAUL'S RENTALS & SALES,
6253 PENN AVENUE C.L. 112
P. CONSIDERATION OF APPROVAL OF APPLICATION FOR NEW RESIDENTIAL
KENNEL LICENSE; 6733 PARK AVENUE, 3 DOGS C.L. 113
Q. CONSIDERATION OF APPROVAL OF APPLICATION FOR 1993 TAXICAB LICENSE;
BLUE & WHITE TAXI, 1 VEHICLE
R. ESTIMATE #1 PAYMENT FOR CENTRAL GARAGE MODIFICATION; CM
CONSTRUCTION COMPANY, INC.; $4,866.00
S. ESTIMATE #2 PAYMENT FOR CENTRAL GARAGE MODIFICATION; CM
CONSTRUCTION COMPANY, INC.; $24,108.00
PUBLIC HEARINGS
7. PUBLIC HEARING AND SECOND READING OF AMENDMENT WHICH WOULD EXCLUDE
ANTIQUE SHOPS FROM INTERIM ORDINANCE REGULATING AND RESTRICTING
DEVELOPMENT OF SECONDHAND GOODS STORES, PAWN SHOPS AND SIMILAR
USES WITHIN CITY
COUNCIL LETTER NO. 114
8. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION
601 OF CITY CODE CHANGING REPORTING REQUIREMENTS FOR RECYCLING
HAULERS
COUNCIL LETTER NO. 115
9. CONSIDERATION OF REQUEST FOR RENEWAL OF CONDITIONAL USE PERMIT FOR
PENN AUTO, 6529 PENN AVENUE
COUNCIL LETTER NO. 116
10. CONSIDERATION OF REQUEST FOR NONCONFORMING USE PERMIT AT 6825
CEDAR AVENUE TO ALLOW THE FOLLOWING PRINCIPAL USES TO CONTINUE-TO
OPERATE: 1)-RESIDENTIAL USE IN THE HOME AND 2) BUSINESS USE IN
DETACHED GARAGE'
COUNCIL LETTER NO. 117
PROPOSED ORDINANCE
11. CONSIDERATION OF RESOLUTIONS, FIRST READING OF ORDINANCE AND
SETTING DATE OF PUBLIC HEARING REGARDING SALE OF 7701 HARRIET AND
7646 LYNDALE AVENUES; 77TH STREET PROJECT
COUNCIL LETTER NO. 118
RESOLUTION
12. CONSIDERATION OF RESOLUTION IN SUPPORT OF RICHFIELD PUBLIC SCHOOL
BOND REFERENDUM FOR FACILITY RENOVATION/REMODELING AND TECHNOLOGY
. PROJECT
COUNCIL LETTER NO. 119
ADMINISTRATIVE REPORTS & OTHER BUSINESS
13. CONSIDERATION OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR NICOLLET PARK IMPROVEMENTS
COUNCIL LETTER NO. 120
AIRPORT BUSINESS
14. AIRPORT STATUS REPORT
CORRESPONDENCE
15. LEGISLATIVE REPORT
COUNCIL CHOICE
16. COUNCIL DISCUSSION ITEMS
17. 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.
1 3
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 120
Agenda April 12, 1993
Issue Statement:
Approval of plans and specifications and authorization to
advertise for Nicollet Park improvements.
Background:
The Council has authorized $500,000 in special revenues for the
funding of 1993 park improvements at Nicollet Park. Nicollet
Park is approximately eight and a half acres located adjacent to
Nicollet Avenue in the vicinity of 63rd Street and First Avenue.
Two neighborhood meetings were held with invitations mailed to
approximately 800 addresses. At the first meeting, held March 17
at the multipurpose building in Veterans Memorial Park of
Richfield, neighbors provided individual and group comments and
designs which were used by professional site and building
architects in preparation of the park plans and specifications.
The neighbors at the second meeting, held March 25, were in
general agreement with the park plans. On March 23, 1993, the
Community Services Commission reviewed the same plans which were
presented to the neighbors. The Community Services Commission is
is agreement with the concept plans for Nicollet Park.
• The plan calls for an active area in the southern sector of the
attendance to
describe the plans and specifications and to answer questions.
Recommended Motion:
Order City Project 889, approve the plans and specifications and
authorize the advertisement for bids for the Nicollet Park
redevelopment project.
areas. An informal ballfield area, space for an ice architects, skating rink
.
park. Community This Services includes a Director buildingDon, play Fondrick and equipment the and court game
parking. There will be some storm drainage upgrade as part of
the park improvements.
and Barry pathways Warner of are also Barton- part of Aschman the and plan. Associates As ates and Andre recommended by the
neighbors LaTondresse at of the Schwarz meeting, Schwarz/Weber the plan Architects does , not will call be in for off-street
Basis of Recommendation:
1. The Council has determined Nicollet Park is to be improved as
a project in the adopted 1993 Capital Budget.
2. The neighborhood was invited to participate in the design of
the park improvement and those attending the meetings are in
agreement with the plan.
3. Members of the Commission attended the neighborhood meetings.
The Community Services Commission has reviewed and is in
agreement with plans for the park.
/3-/
Alternative Recommendation:
1. Do not authorize any neighborhood park redevelopment at this
time.
2. Amend the plans for the Nicollet Park project.
Discussion/Decision Mode:
This item is scheduled for the April 12, 1993 Council meeting.
Action to advertise for bids is requested at this time to allow
construction during 1993. It is anticipated Council will be
reviewing bids for construction in late May.
Respe t lly submitted,
Jam s' Prosser
Cit anager
JDP:ds
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 119
Agenda April 12, 1993
Issue Statement:
Consideration of a resolution in support of the Richfield
Public School bond referendum for facility
renovation/remodeling and technology project.
Background:
The Richfield School Board has completed an analysis of its
current physical facilities. That analysis indicates that
the current school buildings which are between 33 and 45
years old require upgrade in order to meet current and future
needs, to comply with the Americans with Disabilities Act and
to provide a healthy and functional learning environment.
The analysis shows that renovations required include:
? improvements to major building systems and structural
renovations;
? upgrading and reconfiguring existing interior space to
serve current and future function needs and upgrade general
appearance;
• ? upgrade and replace various technology, including
computers, telephone media and classroom equipment.
The total cost of these improvements is estimated to be
$36,900,000. A bond referendum requesting voter approval of
this improvement is scheduled for May 18.
Recommended Motion:
Approve the attached resolution.
Basis for Recommendation:
1. The current school buildings are between 33 and 45 years
old and require upgrade.
2. It is important that our school buildings provide a
healthy and functional learning environment.
3. Schools are a vital part of maintaining a strong
community.
Alternative Recommendation:
1. The Council may decide not to approve the resolution.
2. The Council may decide to modify the resolution.
3. The Council may decide to consider the resolution at a
later date.
/C? -I
• Discussion/Decision Mode:
This matter will be presented at City Council meeting of April
12.
Respect lly submitted,
James Prosser
City, pager
JDP:cak
•
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0
RESOLUTION NO.
RESOLUTION IN SUPPORT
OF THE RICHFIELD PUBLIC SCHOOL BOND REFERENDUM
FOR FACILITY RENOVATION/REMODELING AND TECHNOLOGY PROJECT
WHEREAS, Richfield Public Schools are a vital part of our
community; and
WHEREAS, Richfield Public Schools have demonstrated a
superior ability to provide high quality education for students
of our community; and
WHEREAS, the current Richfield Public Schools buildings are
33 to 45 years old; and
WHEREAS, the United States Congress approved the Americans
with Disabilities Act in 1992 which requires handicapped
accessibility features currently not included in the design of
our public schools; and
WHEREAS, it is important that the existing structural,
mechanical and electrical elements be restored to new conditions
to sustain the school buildings for the next 20 to 40 years; and
WHEREAS, it is necessary to upgrade and reconfigure existing
interior space of the schools to serve current and future
functional needs and upgrade their general appearance; and
WHEREAS, it is necessary to upgrade and replace various
technology including computer, telephone media and classroom
equipment; and
WHEREAS, it is important to provide a healthy and functional
learning environment for our children; and
WHEREAS, the cost of this renovation, remodeling and
technology improvements is estimated to cost $36,900,000; and
WHEREAS, the Richfield School Board has authorized a
referendum to be placed before Richfield voters asking the
question of whether funds shall be borrowed to make these
improvements..
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Richfield as follows:
1. That the Mayor and City Council of the City of Richfield
do hereby enthusiastically support the need for improvements as
described by the Richfield School Board.
2. The Richfield voters are encouraged to vote in support
of the school bond referendum.
Approved this 12th day of April, 1993.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
•
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•aaded paIatiaaa uo pajuwa uaaq suq aangaoaq sigl
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Richfield Public Schools
Facility Renovation/Remodeling
and Technology Project
Needs Assessment
and Cost Summary
1993 BOND ISSUE
INFORMATIONAL PACKET
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LEVY REFERENDUM VS. BOND REFERENDUM
In the past several years, Richfield Schools has held three elections for Levy
Referendums to provide additional operating funds for expenditures related to
salaries, programs, materials, etc.
The Bond Referendum election being considered at this time is for Capital
Improvements only. By law, funds must be used exclusively for building
maintenance, repairs, renovation, and remodeling, not for on-going operational
expenses.
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TENTATIVE TIMELINE
JANUARY School Board Approves APRIL Mail General Information
Community Survey Brochure
Community Information Meeting Public Meetings
Community Committee Meetings
FEBRUARY Begin Community Survey Publish Commissioner of
School Board Decision on Bond Education's Comments
Election and Date Appoint Election Judges
Submit Plans to MDE for Review/Comment
MARCH Final Report on Community Survey MAY Publish Second Election Notice
Engage Financial Consultant Mail Final Information Brochure
Final School Board Decision on
Bond Election and Date MAY 18 BOND ELECTION
Community Committee Organizational Meeting (tentative date)"
Begin Publicizing Bond Election
28
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District Enrollment and Projection
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COST SUMMARY
TOTAL PROJECT COST SUMMARY
(includes contingencies and fees)
RENOVATION $24,750,000 67%
REMODELING $ 8,689,000 24%
TECHNOLOGY $ 3.461.000 9%
GRAND TOTAL $36,900,000
The proposed scope of work outlined in this report is the result of many hours of evaluation and
discussion over the last rive months. The scope of work and costs identified in this report, despite
being very comprehensive, should still be considered as conceptual in nature and will be subject to
change as the design process continues.
LJ
•
024
•
RENOVATION PROJECT MAJOR COMPONENTS
The proposed scope of the Renovation Project includes:
1. Major building systems and structural renovation
Restoring existing structural, mechanical, and electrical elements to new
condition to sustain the next 20-40 years.
2. Classroom remodeling for the 21st century
Upgrading and reconfiguring existing interior spaces to serve current and
future functional needs and to upgrade their general appearance.
3. Instructional equipment and technology upgrades
Upgrading and replacement of various technology including computer,
telephone, media, and classroom equipment.
9
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REMODELING COST SUMMARY
(includes contingencies and fees)
CENTENNIAL S330,000
SHERIDAN HILLS S970,000
INTERMEDIATE $1,440,000
JUNIOR HIGH $2,900,000
SENIOR HIGH 52,340,000
(includes Spartan)
COMMUNITY ED CENTER 5400,000
LINCOLN HILLS SO
CENTRAL SO
MAINTENANCE SHOP/ 5309.000
BUS GARAGE
TOTAL REMODELING COSTS 58,689,000
L_J
u
02
RENOVATION
Due to the age of the District's buildings and the amount of deferred
maintenance, many of the building systems are nearing the end of their
expected lives or are in need of significant repair. The systems under
the renovation portion of the work includes the following:
GENERAL BUILDING SYSTEMS
• Parking and site improvements
• Masonry restoration
• Roof repair
• Window replacement & repair
• Door & hardware update
• Casework update
• Carpet & floor coverings
• Wall finish update
• Ceiling replacement & repair
• Auditorium renovation
- reupholster & refurbish existing seats
- update lighting & sound systems
- update stage lighting & sound systems
- update stage curtain & rigging
- repair stage floor & wall paneling
- replace house lights
• West bleachers at Sr. High athletic field
11
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COMMUNITY EDUCATION CENTER REMODELING SUMMARY
ENTRANCES Update entrances to improve access and security.
CANOPIES Construct new entry canopies at south, north and east entrances.
WINDOW COVERINGS Install new window shades or blinds as required.
FURNITURE Lobby furniture, other tables, and chairs.
AIR CONDITIONING Add air conditioning to the entire building, except gymnasium.
BUS DRIVE Add a new bus drive at north entry.
PLUMBING Add one sink and one toilet with changing area in ECSE area.
MARKER BOARDS Install four new marker boards in area.
REMODELING TOTAL $400,000
I-]
J
•20
•
LtENOVATION COST SUMMARY HEALTH & SAFETY EXPENDITURES
(includes contingencies and fees) INCLUDED IN RENOVATION PROJECT
CENTENNIAL $1,510,000
SHERIDAN HILLS S2,180,000
INTERMEDIATE 53,930,000
JUNIOR HIGH S3,500,000
SENIOR HIGH $10,450,000
(includes Spartan)
COMMUNITY ED $1,400,000
LINCOLN HILLS $860,000
CENTRAL 5920.000
TOTAL $24,750,000
ASBESTOS ABATEMENT 52,195,000
FIRE ALARM EQUIPMENT 5600,000
AUTOMATIC FIRE SPRINKLER $820,000
EMERGENCY/EXIT LIGHTING 5155,000
FUEL TANK REMOVAL 5125,000
LOCAL EXHAUST $110,000
VENTILATION SYSTEMS
HANDICAP ACCESSIBILITY 2.815.000
TOTAL
$6,820,000
13
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JUNIOR HIGH REMODELING SUMMARY
AUDITORIUM Construct a new 500 seat auditorium with lobby and toilets.
ENTRANCES Update entrances to improve access and security.
CANOPIES Construct new entry canopies at west entrances.
WINDOW COVERINGS Install new window shades or blinds throughout.
FURNITURE New student and teacher desks and chairs.
INDUSTRIAL TECH Remodel existing shop area to develop Industrial Tech labs.
MEDIA CENTER Remodel to improve traffic flow and access to computer labs.
SCIENCE Remodel labs to increase lab size and improve access to prep areas.
BAND Install new instrument storage units.
HUMAN ECOLOGY Remodel Human Ecology classrooms.
WEIGHT ROOM/LAUNDRY Remodel Weight Room/Laundry area.
AIR CONDITIONING Add air conditionine to the third floor.
REMODELING TOTAL 52,900,000
•
9
018
do
CENTENNIAL REMODELING SUMMARY
CANOPY Construct a new entry canopy at main entrance.
FURNITURE New student and teacher desks and chairs.
MEDIA CENTER/
KINDERGARTEN Reconfigure kindergarten and media center spaces.
COAT LOCKERS Remove existing coat lockers from classrooms and install new
metal lockers in corridors.
MOVEABLE PARTITIONS Install moveable partitions between selected classrooms.
SMALL GROUP ROOMS Develop small arouo rooms in classrooms.
REMODELING TOTAL 5330,000
L . :•N
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•
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 118
Agenda April 12, 1993
Issue Statement:
Consideration of first reading of ordinance and setting date of
public hearing regarding sale of 7701 Harriet and 7646 Lyndale
Avenues; 77th Street project.
Background:
At two locations, there is residual land which, if deeded to the
adjoining property owner, mitigates damages by the 77th Street
project. The Burmeister Agency formerly occupied the property at
7701 Harriet Avenue. The project will require 4,029 square feet
of this site. The remaining 6,043 square feet is a residual not
required by the project. The only practical potential user of
this property is the adjoining Richfield-Bloomington Honda (RBH)
dealership. Providing this property to RBH will help offset
damages to RBH property because of a partial taking across the
north-end of their property. When the City Council established
just compensation for the RBH property at $15,400, the appraiser
recommended the Burmeister residual would be made available to
RHB (see attached Map #1) as part of the compensation package.
The project also purchased the Lyndale Insurance Agency property
at 7646 Lyndale Avenue. The removal of that building will
necessitate work on the building to remain at 7644 Lyndale
Avenue. The south wall of 7644 Lyndale will become an exterior
wall which must be retrofitted and a rear second floor stairway
which now serves both 7646 Lyndale and 7644 Lyndale must be
removed and a new stairway constructed for 7644 Lyndale. Because
of the exposure of the south wall, a front stairway and a chimney
will project onto the City-owned property. It would be desirable
to straighten the south property line of the 7644 Lyndale
property and avoid an unusual shaped parcel. To deed a parcel of
land to 7644 Lyndale from the 7646 Lyndale parcel would be a
remedy. The parcel is about three feet wide by 131 feet long
with a taper at the west end. This conveyance would also
mitigate the cost to the project of easements needed to
reconstruct the rear stairway. (See attached Map #2.)
Recommended Motion:
Adopt a motion which approves the following:
1. The resolution calling a public hearing on the proposed sale
of the two parcels for Monday, April 26, 1993.
2. First reading of the attached ordinance.
3. The resolution which finds that the conveyance of this
property has no negative impact on the comprehensive plan
and, therefore, does not require a finding of the Planning
Commission.
Basis of Recommendation:
1. The proposed sale mitigates the cost of partial and temporary
takings needed from the property to which the residual land
would be added.
2. There are no alternative competing users for these parcels.
Thus, staff has already submitted the public hearing notice
for publication on April 14, 1993 making a hearing on April
26, 1993 possible.
3. MnDOT/FHWA procedures have been followed.
Alternative Recommendation:
1. Delay action.
2. Redirect staff.
Discussion/Decision Mode:
Approving the requested action will help maintain the project
schedule and initiation of construction on the 77th Street
Project this summer.
RespecXfglly submitted,
•
JDP:ds
Jam s . Prosser
Cit naaer
11
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RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
CALLING FOR A PUBLIC HEARING
ON THE SALE OF CERTAIN LAND
WHEREAS, the City of Richfield, Minnesota (the "City")
proposes to sell the real property described as:
Address': 7701 Harriet Avenue South
PID #: 34-028-24-33-0007
Legal Description: The south 45 feet of the north 75 feet
of the north 230 feet of the West Quarter of the Southeast
Quarter of the Southwest Quarter of Section 34, Township 28,
Range 24, Hennepin County, Minnesota;
AND,
Address: 7646 Lyndale Avenue South
PID #: 33-028-24-44-0048
Legal Description: That part of the east 91.00 feet of Lot
7, "Glenn's Addition", lying southerly of the north 28.3 feet of
said Lot 7 and lying northerly of the south line of the north
31.57 feet of said Lot 7, together with that part of said Lot 7
which lies west of the east 91.00 feet of said Lot 7, which lies
south of the north 28.3 feet of said Lot 7, and which lies
northerly of a line run from the southwest corner of the east
91.00 feet of the north 31.57 feet of said Lot 7 to the southwest
corner of the north 28.3 feet of said Lot 7
(the "Land").
WHEREAS, pursuant to the City Charter, Section 13.04, the
City is authorized to sell its Land following a public hearing
for which notice was published not less than ten days before such
hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. The City shall hold a public hearing regarding the sale of
the Land on Monday, April 26, 1993.
2. The City Clerk is directed to publish notice of such hearing
in the official newspaper of the City and post notice of
said hearing.
Passed by the City Council of the City of Richfield-this
12th day of April, 1993.
0
0
1- 5--
ATTEST:.
Thomas P. Ferber, City Clerk
Martin J. Kirsch, Mayor
•
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR
THE SALE, TRANSFER OR OTHER DISPOSITION AND
CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN
THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA
(7701 HARRIET AVENUE SOUTH AND 7646 LYNDALE AVENUE SOUTH)-
The City of Richfield Does Ordain:
Section 1.
The following described real property located in the City of
Richfield, County of Hennepin, State of Minnesota, is hereby
authorized to be sold, transferred or otherwise disposed of, and
conveyed by the City as herein provided:
7701 Harriet Avenue South
The south 45 feet of the north 75 feet of the north 230 feet
of the West Quarter of the Southeast Quarter of the Southwest
Quarter of Section 34, Township, 28 Range 24, Hennepin County,
Minnesota; and
7646 Lyndale Avenue South
. That part of the east 91.00 feet of Lot 7, "Glenn'.s Addition",
lying southerly of the north 28.3 feet of said Lot 7 and lying
northerly of the south line of the
Lot 7, together with that part of
of the east 91.00 feet of said Lot
north 28.3 feet of said Lot 7, and
line run from the southwest corner
the north 31.57 feet of said Lot 7
the north 28.3 feet of said Lot 7.
Section 2.
north 31.57 feet of said
said Lot 7 which lies west
7, which lies south of the
which lies northerly of a
of the east 91.00 feet of
to the southwest corner of
The Mayor and City Manager are hereby authorized to take all
action as is required to sell, transfer,-or otherwise dispose of
and convey the real property described in the foregoing Section
1, including, by way of illustration and not limitation, the
execution of all documents, purchase agreements, deeds of
conveyance, and other instruments connected with such sale,.
transfer or disposition and conveyance.
Passed this day of , 1993 by the Richfield
City Council.
Martin J. Kirsch, Mayor
--7
ATTEST:
Thomas P. Ferber, City Clerk
•
0
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l.J
CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO.
A RESOLUTION DISPENSING WITH THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.356(b)
WITH RESPECT TO THE CONVEYANCE OF PROPERTY LOCATED AT
7701 HARRIET AVENUE SOUTH AND 7646 LYNDALE AVENUE SOUTH
RICHFIELD, MINNESOTA
WHEREAS, the City Council of the City of Richfield finds that
the proposed disposal of real property located within the City of
Richfield, Minnesota and described as:
7701 Harriet Avenue South
The south 45 feet of the north 75 feet of the north 230 feet
of the West Quarter of the Southeast Quarter of the Southwest
Quarter of Section 34, Township, 28 Range 24, Hennepin County,
Minnesota; and
7646 Lyndale Avenue South
That part of the east 91.00 feet of Lot 7, "Glenn's Addition",
lying southerly of the north 28.3 feet of said Lot 7 and lying
northerly of the south line of the north 31.57 feet of said
Lot 7, together with that part of said Lot 7 which lies west
of the east 91.00 feet of said Lot 7, which lies south of the
north 28.3 feet of said Lot 7, and which lies northerly of a
line run from the southwest corner of the east 91.00 feet of
the north 31.57 feet of said Lot 7 to the southwest corner of
the north 28.3 feet of said Lot 7,
(the "Land") is consistent with the comprehensive plan of the
City of Richfield.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield that the requirements of Minnesota Statutes, Section
462.356(b) may be dispensed with in.regard to the conveyance of
the Land.
Passed by a two-thirds vote and adopted by the City Council of
the City of Richfield, Minnesota, this 12th day of April, 1993.
Martin J. Kirsch, Mayor
ATTEST:
9 Thomas P. Ferber, City Clerk
/D
CITY OF RICHFIELD, MINNESOTA
Council Letter No.117
Agenda April 12, 1993
Issue Statement:
Request for a nonconforming use permit at 6825 Cedar Avenue to
allow the following principal uses to continue to operate: 1)
residential use in the home; and 2) business use in the detached
garage.
Background:
In 1954, Rudy Merhar began operating a cabinet shop in his
detached garage under the home occupation provisions. Though he
continues to own the property, he and his family moved from the
site in 1960 and began renting the home. The cabinet shop
business in the detached garage, however, continued to be
operated by Rudy Merhar. Subsequently, Rudy Merhar transferred
the business to his son Robert, who continues to operate the
business out of the garage on a part-time basis.
Though the cabinet shop was lawfully established as a home
occupation, it no longer qualifies because the operator of the
cabinet shop does not reside on the property. The cabinet shop
use in the garage, combined with the residential use of the home,
constitutes two principal uses of one property, which is not
permitted by City Code. The only remedy in this case, which
would permit continued operation of both uses, is a nonconforming
use permit. The nonconforming use permit procedure is designed
to provide an expeditious and reasonable method whereby certain
non-permitted uses, which meet specific criteria, may be made
lawful and may continue to exist.
Recommended Motion:
Approve issuance of the nonconforming use permit for 6825 Cedar
Avenue with the following stipulations:
1. The permit shall be valid only for Rudy's Cabinet Shop use as
it exists in its present form.
2. The permit shall be valid only if Rudy Merhar or Robert
Merhar owns the property, and only if Robert Merhar is the
sole operator of the business.
Basis of Recommendation:
1. On March 23, 1993, the Planning Commission voted unanimously
to recommend approval of the nonconforming use permit.
2. The application meets the specific criteria needed for the
granting of the permit, which includes the following:
? The use has existed in substantially its present form for
• at least 15 years.
• ? During its existence, no complaints of adverse neighborhood
impacts have been reported to the City (staff received .
telephone calls from neighbors in support of the permit).
? the use was established by the current owner upon a good
faith belief that the use was lawful when established and
after he moved from the site.
? The Building Official and the applicant have agreed on a 45
day schedule to bring the garage structure into compliance
with the applicable building codes. If the Council
approves issuance of this permit, it would be issued by the
City staff upon satisfactory completion of the building
code items.
Alternative Recommendation:
Deny issuance of the nonconforming use permit with a finding of
fact that the criteria needed for its granting have not been met.
Discussion/Decision Mode:
A public hearing is schedule at 7:00 p.m. on Monday, April 12,
1993. 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.
•
JDP : j s
Respect ly submitted,
Prosser
Jamelager
City
JAN 07 '93 16:16 HOLMES & GRAVEN
Ad"I" at Law
SOFT A. AUW
RONALD B. BATTY
L'TOWW'L BUDUL
joamaWAN
MARY O. DOUR46
IWAKS N. GAIN
Comm A. BWX
JAMI Z. HOLIER
l DAVW J. KINWIDT
I jam L L AWON
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January 7, 1993
Shawn B. Drill
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
readmiN (iu) 7"4030
WR=111 DnU= t"L
337-9217
VIA FACSIMILE
RE: Principal Structures or Uses Permitted on Lots
Dear Shawn::
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John Dean asked me to respond to your letter of December 21, 1992. You asked our
opinion as to whether the Richfield Zoning Code would permit the continuance of two
distinct uses on a single lot. The specific circumstance you described involves a lot
in the C-2 district which is occupied by a single family dwelling and detached
garage. The dwelling is occupied by a renter, while the garage is used by the
property owner's son to conduct a cabinet-making business. The original use of the
property was residential, and that use was made nonconforming by a zoning change.
The dual use of the property for residential and business purposes hers existed for
many years.
Ordinarily, the Richfield Zoning Code would prohibit the use of the property for
both residential and business purposes as described. However, due to the lengthy
duration of the dual use. it is possible that the property qualifies for a nonconform-
ing use permit under Subsection 515.73 of the Zoning Code.
The use of the property for both residential and business purposes is not permitted
under the Richfield Zoning Code. The Code recognizes two categories of land uses,
i.e., principal and accessory uses. A "use" is defined as "the purpose for which
land or premises or a building thereon is designed, arranged or intended or for
which it is or may be'oecupied or maintained." Zoning Code, Subsec. $05.07, Subd.
35 (emphasis added). An accessory use is defined as "a use incidental and accessory
to the principal use of a lot or building located on the same lot as the accessory use.
Zoning Code, Subsee. 505.07, Subd. 36 (emphasis added).
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The Code clearly contemplates
property. That interpretation
"principal" use. For example, a
purpose or function that a lot
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Is consistent with the ordinary meaning of a
"principal use" has been defined as "the primary
serves or is intended to servo." 3 Anderson,
JAN 07 193 16:17 HOLMES & GRAVEN
P.3
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Shawn B . Drill
• January 7, 1993
Page 2
I
American Law' of ZOnin , 1 18:150 p. 294 (3d ed. 1986). Similarly, Black's Law
i
Dictionary defines the adjective "principal" as "chief; leading; most Important or
considerable; primary; original."
By definition; there can be only one principal use of a property. Except for
accessory uses, no other use of the property is permitted under the Zoning Code.
In this situation, however, neither use is incidental or accessory to the other. The
nature and original use of the structures on the property indicate that the premises
were designed, arranged and intended for residential use, and that use, albeit
nonconforming, is the lawful principal use of the property. The cabinet business
cannot qualify as a home occupation or accessory use, because the business is not
operated by the resident of 'the dwelling.
Under the general provisions of the Zoning Code, the business use of the property
is not permitted. However, the Zoning Code authorizes uses which are otherwise not
permitted to be continued, under appropriate circumstances. An owner of property
which contains a use or structure that is not permitted may apply for a non-
oonforming use permit (NTjP).. Zoning Code, Subsee. 515.73. To obtain an NUP, the
owner must establish that: (1) the structure meets all standards contained in the
code for issuance of a variance; (2) the use or structure has existed in substantially
its present form for at least 15 years ; (3) no complaints of adverse neighborhood
impacts have been reported; (4) the use was established by a prior owner or the
current owner under a good faith belief that the use was lawful when established;
and (5) the structure must conform to all requirements of the building code or the
owner must agree to a schedule to bring the building into compliance .
r
In summary, the Zoning Code does not permit the continuance of both the residential
and business uses of the property in question, unless the owner qualifies for and
obtains a non-conforming use permit. Please call if you have any questions..
Sincerely,
HOLMES & GRAVEN, CHARTERED
Corrine A. Heine
cc: John Dean
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 116
Agenda April 12, 1993
Issue Statement:
Request for renewal of the conditional use permit for Penn Auto,
6529 Penn Avenue.
Background:
On April 23, 1990, the City Council approved a conditional use
permit for Penn Auto, stipulating that the permit be considered
for renewal in three years. The stipulation gives Council an
opportunity to assess the impact of the business within and as
part of the Penn/66th Street Redevelopment Area.
Recommended Motion:
Approve renewal of the conditional use permit for another three
year term.
Basis for Recommendation:
1. The business was developed and has been operated in
compliance with City Codes and regulations over the past.
three years and no complaints of adverse impact have been
registered with the City.
2. The additional three year term will provide further oversight
• by the Council in the long term redevelopment of this area.
Alternative Recommendation:
1. Deny the renewal of the conditional use permit which expires
on April 23, 1993.
2. Refer the renewal application to the Planning Commission for
review.
Discussion/Decision Mode:
A public hearing is scheduled at 7:00 p.m. on Monday, April 12,
1993. 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.
Resp cXfully submitted,
Ci
JDP:ds
s \M. Prosser
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No.115
Agenda April 12, 1993
Issue Statement:
Public hearing and second reading of an ordinance amending Section
601 of the City Code changing reporting requirements for recycling
haulers.
Background
At the February 8, 1993 City Council meeting, the Council changed the
funding mechanism to a residential recycling credit on the utility
bill. As a result, haulers do not have to provide a list of name and
addresses of customer accounts to the City as part of the licensing
procedure. Haulers do need to provide participation rates regarding
the total number of possible household recycling stops and the number
of actual recycling stops made during May and October of each year.
Residents will be notified of the change through the newspaper and by
an insert in the April through June utility bill (see attachment).
First reading of the ordinance amendment was on March 8, 1993 and the
public hearing and second reading were scheduled for April 12, 1993.
Recommended Motion:
Conduct a public hearing and approve the second reading of the
ordinance amendment to eliminate the requirement for hauler customer
• lists, but to add a requirement for participation rates for
recyclables; and publish the amendment to Section 601 of the City
Code.
Basis of Recommendation:
1. The entitlement program gives the City more freedom to choose how
recycling funding is handled. Therefore, a listing of names and
addresses of residential accounts is no longer needed and
administrative costs are reduced.
2. Participation rates are needed to achieve or exceed the goals set
by the County and the State.
3. First reading was on March 8, 1993. The public hearing and
approval of second reading are scheduled for April 12, 1993.
Alternative Recommendation:
Council could choose not to implement a participation rate ordinance.
However, the City may have a more difficult time meeting future
County and State recycling abatement goals.
Discussion/Decision Mode:
Second reading is scheduled for April 12, 1993 Council meeting.
Respe ly submitted,
Jame Prosser
City ager
JDP:ds
Attachments
g-/
BILL NO.
• AMENDMENT TO SECTION 601
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
City of Richfield Does Ordain:
Section 601 of the Ordinance Code of the City of Richfield is
hereby amended by amending Subdivisions 2 and 3 of Subsection
601.15 to read as follows:
Subd. 2. License application. A person desiring a license
must make application to the Department of Public Safety. The
application must accurately state:
(1) the name of the owner or the licensee;
(2) the proposed charges for hauling;
(3) a description of the kind of services to be rendered
including separate collection of yard waste;
(4) a description of each motor vehicle to be used for
hauling including the license number thereof;
(5) a listing, name and address, of residential accounts
• served; a record of household recycling participation
rates consistent with Hennepin County requirements;
(6) verifiable volume or tonnage summaries of yard wastes
collected in Richfield during the previous year; and
(7) verifiable tonnage summaries of designated recyclables
collected in the city during the previous year-. and
Previously unlieensed haulers will have this
requirement waived fer their first year of operation in
the-ei y but must eemply with -----rash-3 of this
sub dive s i e= (Amended, Bid l-r:c- 1-T4}
8) Previouslv unlicensed haulers will have requirements in
the above paragraphs (5), (6), and (7) waived for their
first year of operation in the city but must comply
with paragraphs (1), (2), (3), and (4) of this
subdivision. (amended, Bill No. 1991-14)
Subd. 3. Request for progress reports regarding designated
recyclables and yard waste collection. Residential haulers, and
commercial haulers collecting at apartment buildings of eight-
plex or less in the city, are required to provide verifiable
volume and/or tonnage summaries of separately collected yard
wastes and designated recyclables. Such reports will be due to
• the city on a quarterly basis (April 20 for January, February,
March; July 20 for April, May, June; October 20 for July, August,
September; and January 20 for October, November, and December).
(Amended, Bill No. 1991-14)
i'?L
Residential haulers, and commercial haulers collecting at
apartment buildings of eight-plex or less in the city, are
required to provide participation rates regarding total number of
possible household recycling stops and number of actual recycling
stops. Such reports will be due to the city in May and October.
Upon reasonable notice at any time during the license term,
the city may request and the hauler must provide verifiable
volume and/or tonnage summaries of separately collected yard
wastes and designated recyclables. This is necessary in order to
track recycling and yard waste collection performance and to
comply with Hennepin County reporting requirements.
Passed by the City Council of the City of Richfield this
day of , 1993.
Martin J. Kirsch Mayor
ATTEST:
•
Thomas Ferber City Clerk
83
r?
Recycling Credit
Please. note that your current water bill has a line item
for a recycling credit.
Hennepin County gives Richfield money to cover recycling cost.
The City of Richfield will return this money directly to Richfield
residents as a credit. (Before this change, the City used County
money to pay garbage haulers to collect recyclables. Haulers will
continue to collect recyclables.)
U
Beginning in April a recycling credit will be provided for
recycling services which began January 1, 1993. The April -
_._____June._water bill will contain- .a-double credit to adjust--- ----
January - March as well as the April - June quarterly credit.
If you have questions, please call Judy Fyten at 861-9795.
1?
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 114
Agenda April 12, 1993
Issue Statement:
Public hearing and second reading on an amendment which would
exclude antique shops from the interim ordinance regulating and
restricting the development of secondhand goods stores; pawn
shops and similar uses within the City.
Background:
On November 23, 1992, the City Council adopted a resolution
authorizing a study and imposing a temporary moratorium on the
development of secondhand goods stores, pawn shops and similar
uses within the City in order to provide an adequate opportunity
for a study to be completed.
In response to an inquiry, it was determined that the moratorium
covers retail antique shops. The original intent of the
moratorium was to cover the type of businesses which., because of
the type of operation or potential effect on neighboring
properties, should be specifically studied. Staff has determined
upon a review of retail antique shops that further study is not
needed and that they should be excluded from the moratorium. The
City Attorney has recommended a clarification as attached.
• Recommended Motion:
Adopt the attached amendment which excludes antique shops from
the interim moratorium ordinance regulating and restricting
development of secondhand goods stores, pawn shops and similar
uses within the City.
Basis for Recommendation:
1. Staff review of antique shops, generally, as well as
responses to a questionnaire by an antique shop seeking to
locate in the City would indicate that this type of business
should be treated as a retail store.
2. Issues relevant to the exclusion under the moratorium
include:
? No merchandise would be purchased at this business location
for resale.
? No unusual parking demand would be generated by an antique
shop.
? Merchandise for sale would include only antiques and
collectibles more than thirty years old.
? Goods precluded from sale include those with identification
• numbers, cameras, electronic equipment, precious jewelry
and gems, precious metals, artist-signed works of art and
guns.
1-/
• 3. The exclusion of antique stores from the moratorium would
allow the continued review of regulations for the development
of licensed secondhand goods stores, pawn brokers and auction
establishments.
Alternative Recommendation:
The Council may decide not to amend the interim moratorium
ordinance, but continue with the study of this issue.
Discussion/Decision Mode:
A public hearing and second reading is scheduled at 7:00 p.m. on
Monday, April 12, 1993. 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.
RespectfNlly submitted,
Jame
j?. Prosser
City M nager
JDP:ds
F-I
LJ
?
0 INTERIM ORDINANCE NO.
AMENDMENT TO TRANSITORY ORDINANCE NO. 17.45
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND
GOODS, PAWNBROKER, AND SIMILAR USES WITHIN THE CITY
The City Council of the City of Richfield Ordains:
Transitory Ordinance No. 17.45 is hereby amended by amending
Section 2.03 thereof to read as follows:
2.03 A moratorium on the development of secondhand goods stores
(except those secondhand goods stores which: (i) deal
exclusively in antiques and collectibles more than thirty
years old; (ii) do not purchase goods at the business
location for resale; and (iii) are exempt as a secondhand
goods dealer under Section 1186 of the Richfield City
Code), pawnshops, auction houses and other similar uses is
adopted pending completion of the study and the adoption of
any amendments to the City's zoning ordinance. No license
or building permit may be issued for such uses or for the
expansion of any existing use during the moratorium period
nor may any rezonings, plattings and replattings, or land
• divisions or consolidations be granted by the City for such
uses during the moratorium period. The moratorium period
shall expire on November 26, 1993 or such earlier date as
may be further adopted by ordinance. The moratorium period
may be extended for a reasonable time by ordinance, as may
be necessary to complete the study and adopt any necessary
amendments to the City's zoning ordinance.
Passed by the City Council of the City of Richfield,
Minnesota this 12th day of April, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
(dCITY OF RICHFIELD, MINNESOTA
Council Letter No. 113
. Agenda April 12, 1993
Issue Statement:
Consideration of an application for a new residential kennel license
for Charmaine Bing, 6733 Park Avenue.
Background:
On February 22, 1993, Charmaine Bing submitted an application for a.
residential kennel license. She owns three dogs. Ms. Bing's
application had all contiguous property owner's signatures on it.
On February 28, 1993, an inspection of the property was conducted by
a Community Service Officer. There were no apparent problems found
at that time.
Although this application is for three dogs, it does not exceed the
maximum number of six animals that was approved by the Council as
policy on July 22, 1991.
Ms. Bing has had a residential kennel license from 1987 through 1989.
She has not applied for any kennel licenses since that time.
Staff has notified 16 of Ms. Bing's surrounding neighbors concerning
her request for a residential kennel license. This provides
• neighbors with an opportunity to present testimony (either oral or
written) for or against the issuance of this license. City staff has
received five calls from neighbors that were originally notified. No
concerns or objections regarding the residential kennel license were
expressed.
Recommended Motion:
Staff recommends that the application for a new residential kennel
license be approved.
Basis for Recommendation:
1. It is up to the animal owner to prove that the keeping of more
than two dogs does not have an adverse effect on the
neighborhood. Ms. Bing has been able to do this.
Alternative Recommendation:
1. The Council could decide to deny Charmaine Bing's residential
kennel license. This would mean that she would have to reduce
the number of dogs she has from three to two.
Discussion/Decision Mode:
Recommendation to approve the application for a residential kennel
license for Charmaine Bing, 6733 Park Avenue, is presented for
Council consideration at this time.
y submitted,
is RespVaager
Jameosser
City, a JDP:ds
6C?
CITY OF RICHFIELD, MINNESOTA
is Council Letter No. 112
Agenda April 12, 1993
Issue Statement:
Consideration of a request for a new 1993 rental of utility
trailers and trucks license for Paul's Rentals & Sales, 6253 Penn
Avenue.
Background:
On March 29, 1993, the City received the new application for the
rental of utility trailers and trucks license for Paul's Rentals
& Sales. The applicant has paid the required license fee.
Recommended Motion:
Approve the issuance of a new 1993 rental of utility trailers and
trucks license for Paul's Rentals & Sales.
Basis for Recommendation:
1. The applicant has complied with all of the provisions of City
codes and has paid the required licensing fee.
2. Based upon the information supplied by the applicant there
appears to be no reason to deny the license requested.
Alternative Recommendation:
• 1. The Council could decide not to approve the license
application requested. This would mean that Paul's Rentals &
Sales would be unable to operate their business at this
location.
Discussion/Decision Mode:
Recommendation to approve the application for a rental of utility
trailers and trucks license for Paul's Rentals & Sales, 6253 Penn
Avenue, is being presented to Council at this time.
ly submitted,
Jame $ ?. Prosser
City anager
JDP:ds
0
61V
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 111
Agenda April 12, 1993
Issue Statement:
Consideration of request for an amended off-street parking permit
for Paul's Rentals, 6253 Penn Avenue.
Background:
The applicants are requesting an amended off-street parking permit
at 6253 Penn avenue to allow Paul's Rentals in addition to the
Little Press.
Paul's Rentals is a general rental center catering to small
contractors and homeowners. Part of the building would be utilized
for general rental merchandise and one parking stall for trailer
rentals. This parking space would be replaced and supplemented by
five spaces at the adjoining 6301 Penn Avenue site. (An agreement
is attached.)
Recommended Motion:
Approve the request for an amended off-street parking permit with
the following stipulation:
? That the Council approval be contingent on submittal of a Cash
Escrow Agreement for landscaping.
41 ? That a parking agreement for
Basis of Recommendation:
1. An agreement has been made
and the owners of the 6301
shared parking, up to five
site. As a result, adequa
five shared spaces be maintained.
between Little Press, Paul's Rentals
Penn Avenue building to allow for
vehicles, on the 6301 Penn Avenue
to parking is provided.
2. The adjacent residential neighborhood would not be adversely
impacted by the proposed use.
3. The proposed landscaping meets City requirements. The
landscaping will buffer the site from the neighboring
residential area and will visually enhance the Penn Avenue
frontage.
Alternative Recommendation:
Deny the request on the basis it does not meet parking standards.
Discussion/Decision Mode:
Consideration of this item is scheduled on the consent calendar of
the April 12, 1993 City Council meeting.
Respect lly submitted,
James Prosser
City ager
JDP:ds
? n/- /
0
TO WHOM IT MAY CONCERN:
March 24, 1993
This letter is to state the agreement between the owners of the
property at 6253 Penn Avenue South and 6301 Penn Avenue South.
The employees of Little Press and Pauls Rentals may park up to five
vehicles directly behind the building located at 6301 Penn Avenue
South.
The hours that these vehicles may be parked are from 7am until 6pm.
This agreement is subject to a semiannual review.
A copy of this letter will be on file at the city of Richfield.
Sincerely,
?Jn
Todd Rosen
Paulo Rentals
Presidept Nicollet Chapter
Treasurer Nic Ch 'ter
Vic/ esident Nicolle/L Chapt
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GIV-j
0
March 24, 1993
TO THE CITY OF RICHFIELD,
The employees of Little Press and Pauls Rentals will park in the
back of the building-located at 6301 Penn Ave South.
Should we loose our parking privileges sometime in the future, we
will secure other parking at our own expense and park there.
Sincere ,
tg we'"
Todd Rosen
Pauls Rentals
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 110
Agenda April 12, 1993
Issue Statement:
Consideration of purchase in excess of $5,000 for 16' hydrostatic
tractor rotary mower.
Background:
In 1990, the garage motor pool replaced a fully depreciated 6'
wide riding lawn mower with a 16' wide machine. This new machine
has proved to be a tremendous asset to the mowing program. The
mower can cut park path edges and freeway boulevards with its 5'
wide wing mowers, and staff has determined that using this
machine has greatly improved the efficiency of our mowing
program.
This year, another 6' mower (Unit #305) is fully depreciated, and
staff would like to replace it with a 16' machine. The addition
of another one of these machines will be enable staff to mow the
entire park system in four days instead of five or six days.
The bid specifications allowed an alternate for trade-in of the
machine being replaced, plus two other fully depreciated mowers
which have already been replaced. A bid opening was held on
March 19, 1993 with the following results:
is Cn Base Bid Trade-In Net w/Tax/Trade Net w/oTrade
MTI Distributing Co. $53,542.00 (4,600.00) $52,123.23 $57,022.23
Tri-State Turf &
Irrigation Co. $57,426.00 (400.00) $60,732.69 $61,158.69
Tri-State Turf & Irrigation did not submit a bid bond with their
bid. MTI Distributing Co. submitted the low bid with and without
the trade-in option. Staff believes that the $4,600 credit for
the three used machines is not adequate, and that staff can do
better auctioning or selling the machines outright.
Funding for this machine will come from three sources:
? $12,000 from the motor pool by the unit being replaced.
? $6,000 from revenue on the sale of old units ($3,000 each).
(To be assured of backup equipment, staff currently plans to
sell two fully depreciated mowers.)
? $39,000 balance for purchase of the new machine would come from
the motor pool fund loan.
In addition to the charge for using the new machine, the Park
Division will be charged about $325 per month in equipment usage
charges over the ten-year life expectancy of the new machine
until the motor pool fund balance is reimbursed.
(0 m-/
Recommended Motion:
Accept the bid minutes/tabulation and approve the purchase of one
16' hydrostatic tractor rotary mower from MTI Distributing
Company for the sum of $57,022.23 (including tax).
Basis for Recommendation:
1. MTI Distributing Company was the low bid vendor and met
specifications.
2. MTI is a reliable company that has provided reliable service
to the City in the past.
3. Usage charges to the Park Maintenance Division will pay back
the additional cost to the motor pool.
4. The purchase of this mover will reduce labor cost.
Alternative Recommendation:
Council may choose to reject all bids and instruct staff to
obtain new proposals for this equipment. However, staff does not
believe a better price for this particular piece of equipment cam
be obtained.
Discussion/Decision Mode:
Staff is requesting approval of this purchase at the April 12,
• 1993 Council meeting.
Respectfglly submitted,
Jame DV Prosser
City a ager
JDP:ds
Attachment
•
CITY OF RICHFIELD, MINNESOTA
Bid Opening
March 19, 1993
11:00 A.M.
Bid No. 93-8
Purchase of One 16' Hydrostatic Rotary Mower
newspaper on March 3, 1993.
l,' /'- C`'
Pursuant to requirements of Resolution No. 1015, a meeting of the
Administrative Staff was called by Thomas P. Ferber, City Clerk,
who announced that the purpose of the meeting was to receive,
open and read aloud, bids for purchase of one 16' hydrostatic
rotary mower, bid no. 93-8, as advertised in the official
Present: Thomas Ferber, City Clerk
Donald Fondrick, Community Services Director
Cheryl Krumholz, City Manager Representative
U
The following bids were submitted and read aloud:
VENDOR ; BID ; TOTAL
SECURITY
MTI Distributing Co. ; 5% Bid Bond ; $53,542.00
Plymouth
w/trade
$48,852.00
Tri State Turf & Irrigation ; No Bid Bond/ ; $57,426.85
Bettendorf, Iowa ; check
w/trade ;
$57,026.85 ;
The City Clerk announced that the bids would be tabulated and
considered at the April 12, 1993 City Council Meeting.
Thomas P. Ferber
City Clerk
U
l0 L..-
CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 109
Agenda April 12, 1993
Issue Statement:
Consideration of purchase in excess of $5,000 for a sign to be
erected at Veterans Memorial Park of Richfield.
Background:
The City of Richfield is constructing an 18 hole adventure style
miniature golf course that is currently scheduled to open
Memorial Day weekend 1993. The course is located at Veterans
Memorial Park of Richfield which is in the vicinity of 64th
Street and Portland Avenue.
The miniature golf course project includes funds for a sign to
advise the public of the course and the park. The sign is
designed to be 21' high x 7' wide of sandblasted redwood with a
manual message board. Barry Warner of Barton-Aschman and
Associates is available to discuss the design. Quotations for
the sign were received as follows:
Vendor Quote
Sign Effects, Inc. $12,975.00
(plus tax) 843.38
$13,818.38
Redwood Signs by Hornibrook (includes tax) $13,391.00
Sign construction is to be completed no later than May 15, 1993.
Recommended Motion:
Authorize the purchase of a sign for the main entrance to
Veterans Memorial Park of Richfield, vicinity of 64th Street and
Portland Avenue, from Redwood Signs by Hornibrook in the amount
of $13,391.
Basis of Recommendation:
1. The miniature golf course, scheduled to open Memorial Day
weekend 1993, is a revenue producing venture. To help market
the facility, a sign to advise the public of the course was
included in the project budget.
2. The sign will help the public to identify the park name.
3. The miniature golf course project includes sufficient funds
for this purchase.
4. The sign will conform to Richfield sign code.
Alternative Recommendation:
. 1. Do not provide a sign for the park or the miniature golf
course. However, it is beneficial from both public relations
and economic standpoints for the public to be aware of the
park, its facilities and programs.
6L- /
2. Purchase the sign from another vendor. However, staff does
not believe a sign of equal quality could be obtained for a
lower price.
Discussion/Decision Mode:
This item is scheduled for the April 12, 1993 Council meeting.
Action is requested at this time so the sign may be installed for
the grand opening of the miniature golf course.
Respect lly submitted,
Jame . Prosser
City anager
JDP:ds
0
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 108
Agenda April 12, 1993
Issue Statement:
Purchase in excess of $5,000 for the removal and disposal of old
tanks and installation of two new 1,000 gallon storage tanks for use
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.
The existing tanks are 13 years old and were originally installed as
reconditioned tanks and not new. One of the tanks has experienced a
leak and the other is a potential risk. The EPA will help reimburse
Rich Acres for the cost of site clean up.
The new tanks will have provision for monitoring devices and recovery
capabilities and will meet all EPA regulations.
The following quotations have been received:
Pump & Meter Service, Inc. - $13,886
Zahl Equipment Co. - $14,220
Determan Welding & Tank Service, Inc. $15,000
Recommended Motion:
Approve the installation of new fuel storage tanks at Rich Acres Golf
Course by Pump & Meter Service, Inc. at $13,886.
Basis of Recommendation:
1. Rich Acres must replace its defective tanks under state and
federal laws.
2. The new tanks meet all EPA regulations.
3. There are sufficient funds available in the golf course
enterprise fund to cover this purchase.
Alternative Recommendation:
1.. The Council could request more quotes.
2. 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 April 12, 1993 regular City Council
meeting. Staff is asking for approval at this time in order to
expedite construction before the busy golf season.
. Respe ly submitted,
James Prosser
City ger
JDP:ds
67
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 107
Agenda April 12, 1993
Issue Statement:
Purchase in excess of $5,000 for a defibrillator and
accessories for Fire Division from SpaceLabs Medical in the
amount of $5,772.31.
Background:
Recently, the Fred Babcock V.F.W. Post No. 5555 donated $5,420
to the City of Richfield for the purchase of a defibrillator
and accessories. The defibrillator is a piece of medical
equipment used in the resuscitation of cardiac arrest victims.
This is the City's third defibrillator and will allow each of
the City's first line fire/rescue vehicles to have the ability
to give advanced assistance for cardiac arrest. As such, the
defibrillator is an extremely important life saving tool.
The total cost of the defibrillator unit is $5,772.31 including
shipping costs and use tax payable to the State of Minnesota.
The City's total cost for this equipment is $352.31, after the
V.F.W. contribution is considered.
Recommended Motion:
Approve the purchase of the defibrillator and accessories in
the amount of $5,772.31.
Basis for Recommendation:
1. The unit purchased was specified by Hennepin County
Medical Center.
2. The City is currently in need of a new defibrillator unit
for its fire/rescue operations.
3. The V.F.W. has donated $5,420 to the City of Richfield for
the purchase of anew defibrillator and accessories. The
City has already received those funds.
4. The City has received delivery of the defibrillator and is
ready to begin training on the equipment so that it may be
put into service as soon as possible.
5. The defibrillator is a life saving piece of medical
equipment critical to the City's fire/rescue operations.
Alternative Recommendation:
1. The City Council could decline authorization of the
purchase. However, the funds donated by the V.F.W. were
specified for the defibrillator unit.
2. The City would eventually be required to make this purchase
at a future date and may not have such a large donation
available for the purchase.
('0T
Discussion/Decision Mode:
It is recommended that this item be considered at the April 12,
1993 City Council meeting so that timely payment for the
equipment may be made.
RespYD. 7 submitted,
Jamerosser
City er
JDP:cak
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CITY OF RICHFIELD, MINNESOTA
Council Letter No.106
Agenda April 12, 1993
Issue Statement:
Approval of a resolution appointing specific City staff as the
Board of Health's agent(s) with the Minnesota Department of
Health.
Background:
The Minnesota Department of Health requires that each Board of
Health (City Council) appoint an agent(s) who may be reached
between Board meetings by agents of the Commissioner of Health in
case of, for example, a disease outbreak or a problem related to
other public health responsibilities. The requirement to appoint
an agent(s) for these purposes is contained in Minnesota Statutes
145A.04, subdivision 2. The State Health Department requests
that this information be updated every several years. The last
update was in 1990.
Recommended Motion:
It is recommended that the City Council approve a resolution
appointing specific staff members as the Board of Health's
agent(s) with the Minnesota Department of Health.
Basis of Recommendation:
. Betsy Christensen, Health Administrator will serve as the Board's
agent in communicating with the State, submitting the Community
Health Services Plan, annual budgets and necessary expenditure
reports. Any contracts executed by the Board would be handled by
Jim Prosser, City Manager as the Board's agent.
Alternative Recommendation:
The Council could decide to not appoint the Health Administrator
or City Manager as the Board's agent(s) with the Minnesota
Department of Health. The City of Richfield would not be in
compliance with Minnesota Statute 145A.04, subdivision 2 until
another agent had been named.
Discussion/Decision Mode:
A resolution appointing the Health Administrator and City Manager
to act as the Board of Health's agent(s) with the Minnesota
Department of Health is being presented at this time for council
consideration.
Respectfully submitted,
Jame . Prosser
City nager
0 JDP:ds
(1=/
0 RESOLUTION NO.
RESOLUTION TO APPOINT AN AGENT TO ACT ON THE BOARD OF HEALTH'S
BEHALF ON PUBLIC HEALTH RESPONSIBILITIES
WHEREAS, the City Council acts as the Community Health Board
("Board") for the City of Richfield by virtue of its authority
under Minnesota Statutes, Chapter 145A, in accordance with the
Board's articles and bylaws, and by this Resolution of the Board
adopted at a scheduled meeting held on April 12, 1993, hereby
appoints and authorizes the following persons(s) to act on the
Board's behalf and bind the Board for the following purpose(s):
NOW, THEREFORE, BE IT RESOLVED that the Richfield City
Council hereby appoints and authorizes the following person to
act on the Board's behalf and bind the board for the following
purpose:
A. To serve as the Board's agent according to Minnesota Statute
145A.04, Subd. 2,'in communicating with the Commissioner of
Health between Board meetings, including receiving
information from the Commissioner and disseminating that
information to the Board, as well as providing information
to the Commissioner on the Board's behalf.
• Name: Betsy Christensen
Address: 6700 Portland Avenue South
Phone Number (B): 861-9881 (H): 687-0758
B. To sign and submit to the Commissioner the prepared Community
Health Plan, revisions to the Plan and activity reports
submitted according to Minnesota Statute 145A.10,
Subdivisions 5, 6, and 8.
Name: Betsy Christensen
Address: 6700 Portland Avenue South
Phone Number (B): 861-9881 (H): 687-0758
C. To sign and submit to the Commissioner the Board's annual
budget, revisions to the budget, and expenditure reports
submitted according to Minnesota Statute 145A.10, Subd .
6 & 8.
Name: Betsy Christensen
Address: 6700 Portland Avenue South
Phone Number (B): 861-9881 (H): 687-0758
D. To sign and submit on behalf of the Board the application for
formula Maternal and Child Health funds which are administered by
the Commissionerer of Health (Minn. Stat. Sec. 145.882, Subd. 3,
4, and 7).
0-z
• Name: Betsy Christensen
Address: 6700 Portland Avenue South
Phone Number (B): 861-9881 (H): 687-0758
E. To sign and execute on behalf of the Board contracts for
funding under any of the following grants administered by the
Commissioner of Health:
- Supplemental Food Program for Women, Infants, and Children
(WIC)
- Family Planning (Minn. Stat. 145.925)
- Migrant Health (Minn Stat. 145A.14, Subd. 1)
- Indian Health (Minn. Stat. 145A.14, Subd. 2)
- AIDS Prevention and Risk Reduction
- Chronic Disease - Dental Health
- Healthy Communities - Lead Screening
- Refugee Health - Home Visiting
U
(NOTE: Under Minn. Stat. 145A.03 Subd. 4, the Chair of the
Community Health Board or the Vice Chair in the Chair's absence
must sign contracts or authorize an agent to sign on behalf of
the Board. If the Chair of the Community Health Board will be
signing all contracts, no other agent need be authorized by
resolution to sign contracts. If you want to appoint different
agents for individual grants, pleast list them separately by
grant.)
Name: Jim Prosser, City Manager
Address: 6700 Portland Avenue South
Phone: (B) 861-9705 (H) 866-2677
This resolution authorizes the above-referenced appointees to act
on behalf of and bind the board to the extent and for the
purposes indicated in this resolution.
Passed by the City Council of the City of Richfield,
Minnesota this 12th day of April, 1993.
Martin J. Kirsch Mayor
n
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ATTEST:
Thomas P. Ferber City Clerk
61-1
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 105
Agenda April 12, 1993
Issue Statement:
Consideration of a Supplemental Agreement to the BRW, Inc./Orr-
Schelen-Mayeron and Associates contract for engineering services for
the 77th Street project.
Background:
In April 1992, the City Council approved a contract in the amount of
$1,166,115 with the team of BRW, Inc. and OSM and Assoc. for
engineering design services for Phases I and II of the 77th Street
Project. The supplemental agreement is for an additional $513,058
due to an increase in the scope of work needed to complete the 77th
Street project.
Recommended Motion:
Authorize the Mayor and City Manager to approve the supplemental
agreement to the BRW/OSM contract for engineering services for the
77th Street project.
Basis of Recommendation:
1. The design of the storm sewer down to Wood Lake and a storm sewer
outlet from Wood Lake to I-494 was added to the engineering work.
The storm sewer work was not included with the original contract
because several alternative storm sewer solutions were available
at that time. This storm sewer work will add approximately
$4,000,000 to the construction contract. The estimated cost for
the additional engineering design work is $325,000.
2. The street surfacing material was changed from blacktop to
concrete. Concrete was selected because it has a longer service
life. Concrete surfacing is more costly than blacktop. Also,
concrete is more difficult and costly to design. The estimated
cost for design increased $100,000.
3. A number of factors contributed to the remainder in increased
scope. The widening of Lyndale Avenue, replacing of underground
utilities and constructing a sanitary lift station all contribute
to the remaining $88,058 increase in engineering services.
Alternative Recommendation:
No alternative is recommended. The BRW/OSM team has provided good
timely service and the increased work cannot be easily separated from
the original contract work.
Discussion/Decision Mode:
City Council approval on April 12, 1993 will allow work to continue
on the storm sewer work in particular.
Respectfully submitted,
James rosser
City Manager
JDP:ds
6G
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 104
Agenda April 12, 1993
Issue Statement:
Authorization to purchase two temporary construction easements
at 7632 Dupont and 7638 Pleasant Avenue; 77th Street Project.
Background:
On December 14, 1992, the City Council approved just
compensation for 13 temporary construction easements.
MnDOT/FHWA authorization to make offers on these easements was
provided February 23, 1993. All but two of the easements have
been provided by the owners at the price offered.
At 7632 Dupont Avenue, the appraisal report did not adequately
address the impact of construction on a small garden area. The
construction work within the easement area will destroy the
garden. The initial amount of just compensation was set at
$20. A review of the situation with the owner and appraiser
indicates that just compensation should be revised to $200.
At 7638 Pleasant Avenue, the owner opinion of value differs
from the appraiser's valuation. The amount of just
compensation was $225. The owner countered with $546 which
equals approximately the equivalent of one month's rent from an
on-site apartment. He believes the use of the easement area
will mean the loss of one off-street parking space for the
period of construction and thus, diminish rentability of the
units. He is agreeable to accepting $386.
Recommended Motion:
Adopt the attached resolution which does the following:
1. Revises just compensation to $200 for the temporary
easement at 7632 Dupont Avenue.
2. Authorizes purchase of the temporary easement at 7638
Pleasant Avenue for $386.
Basis of Recommendation:
1. With the easements, a proper finished grade can be
constructed which will provide a better appearance and make
maintenance of the public areas easier. While these
easements are not absolutely essential to construction of
the project, they are desirable.
2. Appropriate MnDOT/FHWA procedures were followed.
Alternative Recommendation:
40 Not approve the proposed revisions.
(tee-l
w
Discussion/Decision Mode:
Approval will help meet the deadline for control of all
property needed for the project.
Respect ully submitted,
Jam s Prosser
Cit anager
JDP:ds
C?
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9
66_J.
RESOLUTION NO.
i THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING PURCHASE OF EASEMENTS
77th STREET PROJECT
WHEREAS, the City of Richfield, Minnesota desires to purchase
certain temporary construction easements pursuant to and in
furtherance of the 77th Street Project (Project) heretofore
adopted.by the City of Richfield (City) said located at 7632
Dupont Avenue and 7638 Pleasant Avenue and described in the
attached Exhibit A; and
WHEREAS, on December 14, 1992, the City did set and approve
just compensation for said easements at $20 for 7632 Dupont
Avenue and $225 for 7638 Pleasant Avenue; and
WHEREAS, the amount of just compensation for the easement at
7632 Dupont Avenue did not adequately reflect damage to a garden
area; and
WHEREAS, the review appraiser has recommended a revised just
compensation in the amount of $200 for the easement.at 7632
Dupont Avenue; and
WHEREAS, consideration was given to the project schedule and
the consequences of not obtaining a temporary easement at 7638
• Pleasant Avenue; and
WHEREAS, the owner is agreeable to selling the temporary
right to occupy the property to the City for $386.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
1. That just compensation for 7632 Dupont Avenue is revised and
is set at $200.
2. That for 7638 Pleasant Avenue the Mayor and City Manager are
authorized to execute agreements totaling $386.
Adopted by the City Council of the City of Richfield,
Minnesota this 12th day of April, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
66 _-?
0 Exhibit A
Legal Description of Easement Tract
Parcel No.: 15A
PID No... 33 028 24 43 0025
Owner: Edwin G. and Mavis S. Pickler (f/k/a Mavis
Mathianson), husband and wife
Description of Taking:
A temporary construction easement for roadway and utility
purposes over, under and across that part of Lot 6, Block 1,
Northfelt Addition, according to the plat on file in the office
of the Hennepin County Recorder which lies southwesterly of the
following described line:
Commencing at the southwest corner of said Lot 6; thence
easterly along the south line thereof 18.00 feet to the
point of beginning of the line to be described; thence
northwesterly to a point in the west line of said Lot 6
distant 11.0 feet northerly of the southwest corner thereof
and said line there terminating.
• Said temporary easement expires December 31, 1993.
Legal Description of Easement Tract
Parcel No.: 32A
PID No.: 34 028 24 33 0028
Owner: Charles T. Ford
Description of Taking:
A temporary construction easement for roadway and utility
purposes over, under and across the East 13.00 feet of the South
42.00 feet of Lot 7, Block 2, Sunset Terrace, according to the
plat on file in the office of the Hennepin County Recorder.
Said temporary easement expires December 31, 1993.
40
6 F
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 103
Agenda April 12, 1993
Issue Statement:
Adoption of resolution establishing just compensation and
authorizing the purchase of 7644 Columbus Avenue, 7645 Tenth
Avenue, 7644 11th Avenue, 7644 15th Avenue, and 7644 Bloomington
Avenue; 77th Street Project.
Background:
These single family homes have recently been appraised to
determine fair market value. Funding for the acquisition of
these properties will be provided through the Minnesota
Department of Transportation (MnDOT) and the Federal Highway
Administration (FHWA). They are part of the Phase II area.
Recommended Motion:
Adopt the attached resolution which does the following:
1. Sets just compensation at the values listed and authorizes
staff to negotiate and purchase the properties at the
indicated values:
7644 Columbus Avenue $92,000
7645 Tenth Avenue $81,000
• 7644 11th Avenue $79,000
7644 15th Avenue $74,000
7644 Bloomington Avenue $84,000
2. Authorizes the Mayor and City Manager to execute purchase
agreements in the amounts of just compensation.
Basis for Recommendation:
1. MnDOT and FHWA appraisal procedures were followed.
2. Project funds are available from MnDOT and FHWA.
Alternative Recommendation:
Do not set the purchase price and authorize purchase.
Discussion/Decision Mode:
Approval will make it possible for the process to proceed in a
timely manner.
Res4ect lly submitted,
Jam Prosser
Ci tger
• JDP:ds
(,F- /
• RESOLUTION NO.
THE CITY OF RICHFIELD
RESOLUTION ESTABLISHING JUST COMPENSATION
AUTHORIZING PURCHASE OF REAL PROPERTY
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
attached Exhibit A; and
WHEREAS, the City has adopted an official map for
improvements to 77th Street; and
WHEREAS, the City is authorized by Minnesota Statues to
acquire real property within its jurisdiction; and
WHEREAS, the 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 to be as indicated
in attached Exhibit A.
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 a purchase agr eement for the amount of just
compensation set forth in this resolution.
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 his/her
property and establish eligibility for relocation
• benefits.
(U F
• Adopted by the City Council of the City of Richfield,
Minnesota this 12th day of April, 1993.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P: Ferber, City Clerk
0
Exhibit A
(OF=.3
Just Compensation
77th Street Whole Property Taking
Attachment to City Council Letter of April 12, 1993
0
Property Ty pe: Residendal/Single Fa mily
7644 Columbus Ave. Lot 10, Block 1
61 35-028-24-33-0059 Mattson Heights 4th Addition $92,000.00
7645 -10th Ave. Lot 9, Block 2
66 35-028-24-34-0031 South Murray Lane 2nd Addition $81,000.00
7644 -11 th Ave. Lot 8, Block 2
67 35-028-24-34-0030 South Murray Lane 2nd Addition $79,000.00
7644 -15th Ave. Lot 8, Block 4
75 35-028-24-43-0064 South View Addition $74,000.00
7644 Bloomington Ave. Lot 8, Block 3
77 35-028-27-43-0048 South View Addition $84,000.00
41
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 102
Agenda April 12, 1993
Issue Statement:
Adoption of a resolution establishing just compensation for
temporary easements at 7644 Lyndale Avenue; 77th Street project.
Background:
The property at 7644 Lyndale Avenue will not be purchased for the
project. However, because the adjoining building at 7646 Lyndale
Avenue will be removed, it will be necessary to undertake
retrofitting activities at 7644 Lyndale Avenue.
The south wall of 7644 Lyndale will be converted from an interior
wall to an exterior wall. This change requires the following:
? The wall will be insulated and refaced.
? The basement foundation walls will be reinforced because soil
will be placed against it where none previously was located.
? At the rear of the building, the existing exterior second floor
stairway, which serves both 7646 and 7644 Lyndale, must be
removed and rebuilt to serve only 7644 Lyndale Avenue.
. ? A low rise screenwall will be constructed at the rear of the
property parallel and just north of the south property line.
The removal of the building at 7646 Lyndale will result in an
uneven south property line for the 7646 Lyndale parcel. A
portion of the front stairway and chimney from the 7644 Lyndale
building will project into the City-owned property at 7646
Lyndale. To avoid an unusual parcel configuration, a small area
of land from the City parcel at 7646 Lyndale will be conveyed to
the 7644 Lyndale property. It is approximately three feet wide
and 131 feet long. (The conveyance of this parcel is discussed
further in an accompanying Council Letter.)
The appraiser has determined that while the City needs two
temporary construction easements to accomplish this project, (one
for the south wall retrofitting and a second for the construction
of the stairway and screenwall) given the mitigation work which
would be undertaken by the project and the transfer of
approximately 365 square feet of land area, there will be no
damages to the property to be compensated for by a cash payment.
Recommended Motion:
Adopt the attached resolution which establishes just compensation
for the temporary easements at zero dollars.
Basis of Recommendation:
MnDOT and FHWA procedures were followed.
(C- I
• Alternative Recommendation:
Delay action.
Discussion/Decision Mode:
Approval will make it possible for this process to continue in a
timely manner.
Respectfully submitted,
Jameq. Prosser
City nager
JDP:ds
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RESOLUTION NO. GC
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION ESTABLISHING JUST COMPENSATION
AUTHORIZING PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT
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 to be zero.
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 an easement in his property and establish
eligibility for relocation benefits.
Adopted by the City Council of the City of Richfield, Minnesota
this 12th day of April, 1993.
0 ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
( C-3
Exhibit A
Legal Description of Easement Tract
Parcel No: 24B
PID No.: 33 028 24 44 0046
Owner: Lurtsema
Description of Parcel:
South 22 feet of the North 28.3 feet of Lot 7, Glenn's Addition,
according to the recorded plat thereof on file and of record in
the office of the County Recorder, Hennepin County, Minnesota.
Description of Takin
A temporary construction easement providing the City with the
exclusive use and possession of the southside of the south wall
of the Lurtsema Building and non-exclusive use of the west 45.40
feet of the Lurtsema Parcel and those parts of the Lurtsema
Building necessary and convenient for the City to use in order to
complete its obligations to construct and reconstruct.
CJ
0
6'6
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 101
Agenda April 12, 1993
Issue Statement:
Consideration of request by Lutheran Brotherhood for an off-
street parking permit at 7701 Nicollet Avenue.
Background:
Lutheran Brotherhood is proposing to lease the existing building
(formerly Best Products) to Menards. This Menards would be a
home improvement store rather than a full scale lumber yard,
typically associated with Menards. Menards would occupy 77,230
square feet of the building, while Lee Wards would continue to
occupy the remaining 24,110 square feet on the south end of the
building.
A 3,000 square foot outdoor storage area would be appended to the
northwest corner of the building which would be accessible only
from inside the building. It would be enclosed by a landscaped
14 foot high wooden screen.
Menards would have three signs:
1. a building sign over the main entrance;
2. a pylon sign in the southeast corner along 78th Street; and
• 3. a painted wall sign on the south wall below the Lee Wards
sign.
The painted wall sign is being permitted as a continuance of a
nonconforming sign, however, is subject to removal in 1997 when
all nonconforming signs are scheduled to be amortized.
The proposal includes installation of curb and gutter, islands
and landscaping as required for all such permits. In addition, a
grass swale to clean storm water runoff will be incorporated on
the south end of the parking lot, as required by the Minnesota
Pollution Control Agency (MPCA) and administered through the
City. The lighting plan indicates no change from the existing
light standards, however, the fixtures may be upgraded to improve
safety and appearance. The plan also indicates two new curb
openings on 77th Street. The west entrance would be right
in/right out only, and the east entrance would be served by a
median break in 77th Street.
The loading/unloading dock on the east side of the building has
been an issue in the past because parked trucks have closed off
through traffic on Second Avenue. Menards has agreed to
disconnect the trailer and truck if adequate passage on Second
Avenue is not available when unloading.
• The 77th Street screenwall will not be completed until later this
year. As a result, the business activities along 77th Street may
have some visual and traffic impacts on the areas north of 77th
Street for the interim period.
6 Q--I
The 434 on-site parking spaces are in excess of what is necessary
for Menards and Lee Wards. The applicant has an agreement with
staff to undertake a discussion with Chi Chi's relative to possible
shared parking. The plan submitted by Lutheran Brotherhood does
indicate that two access points would be installed connecting the
parking lots of the two adjacent properties.
Recommended Motion:
Approve the off-street parking permit and site plan for Menards at
7701 Nicollet Avenue with the following stipulations:
1. The developer shall coordinate the construction of the access
driveways and median opening with the City's construction
contractor by way of a change order to the construction plans
for 77th Street (77th Street in this area will be reconstructed
during the summer and fall of 1993).
2. The developer must agree that access to 77th Street is
reasonable and suitable access to the property in the event
access to 78th Street is closed as part of the I-494
reconstruction.
3. The developer shall consult MnDOT concerning the change in
drainage entering into the MnDOT/I-494 storm sewer system.
4. A cash escrow agreement for all required landscaping must be
submitted before this off-street parking permit will become
• effective.
Basis of Recommendation:
1. The drainage plan meets the City Engineer's approval.
2. The landscape plan meets the City Planner's approval.
3. There is excess parking available on site; handicapped parking
exceeds federal requirements.
4. A traffic engineer's report submitted by the applicant
indicates that the layout should be effective in controlling
traffic circulation and pedestrian safety.
Alternative Recommendation:
The City Council may deny the off-street parking permit with a
finding that the proposal would have an adverse impact on adjacent
properties and the City as a whole.
Discussion/Decision Mode:
Consideration of this item is scheduled on the consent calendar of
the April 12, 1993 City Council meeting.
Respec ully submitted,
is
Jame a Prosser
City ager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No.100
Agenda April 12, 1993
Issue Statement:
Consideration of request for an amended off-street parking permit
to restructure the parking at Woodlake Plaza Shopping Center, 6401-
6435 Lyndale Avenue.
Background:
The applicant has redesigned the parking lot to improve access for
customers and tenants. The proposed changes will allow for better
use of the rear building rental spaces and improve the efficiency
of the site. The change provides:
? A new pedestrian sidewalk at the rear of the main building.
? The trash enclosure will be relocated next to Pizza Hut.
? The north drive aisle will be widened and the handicap spaces
relocated to a more convenient location.
The changes will reduce the parking from 103 to 97 spaces which is
still adequate for this shopping area.
The current use of the site, as well as operating hours, will
remain the same. The applicant will provide for adequate curb and
• gutter, sedimentation and erosion control, and landscaping.
Lighting and bollards will remain as previously approved.
Recommended Motion:
Approve the request for an amended off-street parking permit for
Woodlake Plaza Shopping Center.
Basis of Recommendation:
1. The proposed changes will enhance the site visually and provide
more efficient traffic circulation and use of the site.
2. The sedimentation and erosion control plan has been approved by
the Minnehaha Watershed District.
3. Parking spaces are adequate for this shopping center.
Alternative Recommendation:
Deny the request for an amended off-street parking permit on the
basis that it does not meet the parking standards.
Discussion/Decision Mode:
Consideration of this item is scheduled on the consent calendar of
the April 12, 1993 City Council meeting.
Resp ully submitted,
Jame . Prosser
City . nager
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 99
Agenda April 12, 1993
Issue Statement:
Approval of a grant application to the Minnesota Department of
Transportation (MnDOT) for pedestrian and bicycle enhancement
project.
Background:
The Department of Transportation (MnDOT), through its federal
Enhancements Funds which are a portion of the Surface
Transportation Program under Title 1 of the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991, is offering
grant assistance for a variety of activities including the
provision of facilities for pedestrians and bicycles. The
funding for selected projects is a maximum of 80% by federal
Enhancements Funds and a minimum of 20% local match (non
federal funds).
An Enhancements Task Force of the Metropolitan Council's
Transportation Advisory Board has been established to solicit,
prioritize and select projects to be funded with Enhancements
Funds. An Interim Process is being used for this solicitation.
• This solicitation using the Interim Process will allocate about
$7 million. It is expected that a first solicitation using the
Permanent Process will be made during the last quarter of 1993.
In the event Richfield is not successful under the Interim
Process, it is expected application would again be made under
the Permanent Process.
Richfield's proposal is for bicycle trails along 76th Street to
be built in 1995 after 77th Street is widened from I-35W to
Cedar Avenue. A bicycle trail will occupy the space left when
76th Street is reduced in width. 76th Street will be narrowed
from 44' width to either 36' or 321. Most of the long-range
trips on 76th Street will have been shifted to the new 77th
Street. This is part of the Master Park Plan and would be most
complementary to the 77th Street project.
Recommended Motion:
Approve the grant application to the MnDOT for
pedestrian/bicycle trails along 76th Street.
Basis for Recommendation:
The grant assistance would provide a desirable amenity for the
community as outlined in the Master Park Plan.
Alternative Recommendation:
Do not apply for a grant at this time.
0
?B --1
0 Discussion/Decision Mode:
The application is due to the MnDOT on April 15, 1993. Staff
is asking for approval at the April 12, 1993 Council meeting in
order to meet this deadline.
ly submitted,
Jame P. Prosser
Citv anaaer
JDP:ds
•
0
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 98
Agenda April 12, 1993
Issue Statement:
Consideration of resolution authorizing request for federal grant
funds for a replacement vehicle to service senior citizen and
adaptive programs.
Background:
Transportation for senior citizens and individuals with
disabilities has been provided to the Community Center and the
variety of services and programs offered through the Community
Center. The City-owned bus used to provide this transportation
is in need of replacement.
The Minnesota Department of Transportation administers the
Elderly and Disabled Transportation Assistance Federal Section 16
Program Fund. Within the last year, the grant criteria and
application process under this program fund has changed, and now
allows the City to apply for a replacement vehicle. The current
vehicle was funded from this same program.
It is estimated the initial cost of a replacement vehicle is
$42,500. If Richfield's grant application is accepted, 80% of
• this cost could be paid by the Elderly and Disabled
Transportation Assistance Federal Section 16 Program Fund. The
20% balance would need to be paid by the City. Funds for this
portion of the cost, as well as for any modifications which may
need to be made to the vehicle, are available through the central
garage motor pool which has been accumulating funds toward
vehicle replacement and through donations which have been
collected for the specific purpose of replacing the existing
vehicle.
Recommended Motion:
Authorize the grant application to the Minnesota Department of
Transportation for a replacement vehicle, to be used for senior
citizen and adaptive programs, under the Elderly and Disabled
Transportation Assistance Federal Section 16 Program Fund.
Basis of Recommendation:
1. The existing bus is in need of immediate replacement.
2. Transportation is a necessary service to allow individuals to
remain independent, live within their community, and to
attend City-sponsored senior citizen and adaptive programs.
3. The City is now eligible to apply for grant funding which has
become available through the Elderly and Disabled
Transportation Assistance Federal Section 16 Program Fund.
(OP-1
Alternative Recommendation:
1. The City purchases a vehicle using only the funding provided
from the depreciation fund and donations. However, it
appears reasonable to apply for the funding assistance
available.
2. The City could decide to purchase a new bus with existing
funds which may be better suited to our needs. However, it
seems prudent to apply for the grant to see if the City can
save money should an appropriate bus be available.
Discussion/Decision Mode:
Council is asked to take action at the April 12 Council meeting.
The deadline for submitting grant application forms is April 28.
Respect 1 submitted,
James rosser
City M ?ager
JDP:ds
Attachment
9
(o A-, ?-
RESOLUTION NO.
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, 1993.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
v
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 97
Agenda April 12, 1993
Issue Statement:
Proclamation designating May 2 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 Mayor and schools; 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, and 1992 the
proclamation, along with proof of an official observance, was
required. The Forestry Division worked with the Wood Lake Nature
Center staff to hold an observance, which was covered by the
local cable news people. Again in 1993, 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
urban areas.
Recommended Motion:
Approve an official proclamation by the Mayor, designating May 2,
1993 as Arbor Day and May 1993 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 1993.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for
Community Services Director
accept the proclamation.
JDP:ds
Attachment
the April 12, 1993 Council meeting.
Don Fondrick will be present to
Respectf ly submitted,
rosser
James 2cger
City
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CITY OF RICHFIELD, MINNESOTA
Council Letter No-96
Agenda April 12, 1993
issue Statement:
Proclamation designating May 1 - 8 as National Drinking Water
Week and May 1, 1993 as National Drinking Water Day.
Background:
The American Water Works Association has declared May 1 - 8.as
National Drinking Water Week. This recognition has been
nationwide for several years, and this will be the fourth year
Richfield has participated with a local celebration.
Water personnel have planned an Open House at the Water Plant on
Saturday, May 1 from 9 a.m. - 3 p.m. Several pieces of equipment
will be available for the public to inspect along with tours of
the Water Plant, including the Water Interpretive Center.
Recommended Motion:
Approve an official proclamation by the Mayor, designating May 1,
1993 as National Drinking Water Day and May 1 - 8, 1993 as
National Drinking Water Week in the City of Richfield.
Basis of Recommendation:
Richfield has an outstanding water treatment plant and
distribution system, and should be recognized.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for
Community Services Director
accept the proclamation.
the April 12, 1993 Council meeting.
Don Fondrick will be present to
Respectful submitted,
James .'Prosser
City ager
JDP:ds
Attachment
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