4-26-93 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, APRIL 26, 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) REGULAR CITY COUNCIL MEETING OF APRIL
12, 1993; (2) SPECIAL CITY COUNCIL MEETING OF APRIL 15, 1993; AND
(3) SPECIAL CITY COUNCIL MEETING HELD CONCURRENTLY WITH RICHFIELD
HOUSING AND REDEVELOPMENT AUTHORITY OF APRIL 19, 1993
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF PROCLAMATION RECOGNIZING THAT'EARTH DAY,
NATIONALLY CELEBRATED ON APRIL 22, WILL BE CELEBRATED IN
RICHFIELD-IN CONJUNCTION WITH ITS ARBOR DAY FESTIVITIES ON
MAY 2, 1993
COUNCIL LETTER NO. 126
AGENDA APPROVAL
3. 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.
4A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
EXECUTION OF JOINT COOPERATION AGREEMENT WITH HENNEPIN
COUNTY TO CONTINUE PARTICIPATION IN URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM C.L. 127
B. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST .
COMPENSATION AND AUTHORIZING PURCHASE OF 7644 13TH AVENUE;
77TH STREET PROJECT C.L. 128
C. CONSIDERATION OF APPROVAL OF REQUEST FOR-OFF-STREET PARKING
PERMIT AT 6445 PENN AVENUE C.L. 129
D. CONSIDERATION OF APPROVAL OF REJECTION OF ALL BIDS RECEIVED
APRIL 20, 1993 FOR WATER PLANT EQUIPMENT PROCUREMENT PACKAGE
#2 C.L. 130
E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR A CUSHMAN MODEL #398630 TURF TRUCKSTER (PLUS APPARATUS)
FROM CUSHMAN MOTOR COMPANY, INC. FOR TOTAL OF $9,909.83
C. L. 131
F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR SAND PRO UTILITY VEHICLE FOR USE AT RICH ACRES GOLF
COURSE FROM MTI DISTRIBUTING COMPANY FOR TOTAL OF $1.1,438.10
C.L. 132
G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000
FOR PLANTING MATERIALS AT NEW MINIATURE GOLF COURSE FROM
BACHMAN'S NURSERY WHOLESALE CENTER FOR TOTAL OF $12,907.44
C.L. 133
H. CONSIDERATION OF APPROVAL OF-REQUEST FOR TEMPORARY ON-SALE
NON-INTOXICATING MALT LIQUOR LICENSE, ITINERANT PLACE OF
AMUSEMENT LICENSE AND WAIVER OF FEES.FOR CHURCH OF THE
ASSUMPTION FUN FEST KICKOFF DANCE TO BE HELD APRIL 30, 1993
C.L. 134
I. CONSIDERATION OF APPROVAL OF APPLICATION FOR_NEW GARBAGE AND
REFUSE COLLECTION LICENSE; TOTAL SANITATION COMPANY; 1
VEHICLE
PUBLIC HEARINGS
5. PUBLIC HEARING AND SECOND READING OF ORDINANCE REGARDING
SALE OF PORTION OF 7701 HARRIET AND 7646 LYNDALE AVENUES;
77TH STREET PROJECT
COUNCIL LETTER NO. 135
6. CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER
. AT 7646 LYNDALE AVENUE; 77TH STREET PROJECT
COUNCIL LETTER NO. 136
PROPOSED ORDINANCE
7. CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM
SPECIAL REVENUE FUND
COUNCIL LETTER NO. 137
ADMINISTRATIVE REPORTS & OTHER BUSINESS
8. CONSIDERATION OF DESIGNATION OF STEERING COMMITTEE TO
OVERSEE REVISIONS OF COMPREHENSIVE PLAN ' .
COUNCIL LETTER NO. 138
AIRPORT BUSINESS
9. AIRPORT STATUS REPORT
CORRESPONDENCE
10. LEGISLATIVE REPORT
COUNCIL CHOICE
11.-COUNCIL DISCUSSION ITEMS
12. 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.
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Issue Statement:
Designation of a
the Comprehensive
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 138
Agenda April 26, 1993
steering committee to oversee the revisions of
Plan.
Background:
The Comprehensive Plan for the City of Richfield is 11 years old
and the major issues impacting the City have changed. Examples
of newer issues that have to be considered include the 77th
Street Project, New Ford Town/Rich Acres, the Mall of America,
and change in the commercial/office and housing markets.
The initial step in the process is the designation of a steering
committee to establish overall goals, oversee plan development
and advise staff on core issues. Subcommittees may be necessary
to consider some topics in more detail. Broad representation of
the City, commissions, organizations and interest groups is
essential. Any revision of the Comprehensive Plan requires
review and public hearings with the Planning Commission and
approval by the City Council.
Recommended Motion:
Approve the creation of a steering committee to revise the
Comprehensive Plan.
Basis of Recommendation:
1. Community input is necessary in the process to revise the
Plan.
2. The names of some suggested steering committee members and
representatives are attached for consideration.
Alternative Recommendation:
The Council could suggest an alternative process for revising the
Comprehensive Plan.
Discussion/Decision Mode:
Consideration of steering committee membership at this time would
permit organization subsequent to the Richfield School Board
Referendum scheduled for May 18, 1993.
ully submitted,
Jam s Prosser
Cit anaaer
0 JDP:ds
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Suggested Membership for Steering Committee
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Mayor Kirsch Council
Susan Rosenberg Council
Joan Helmberger Housing and Redevelopment Authority
Michael Gallagher Planning Commission
Kristal Stokes Planning Commission
Paul Wasko Planning Commission
Sue Sandahl Visions 2004
Bill Killian Visions 2004
Jan Jacobson Chamber of Commerce
Steve Lindgren Chamber of Commerce
Jane Butterfield League of Women Voters
John Boyle Human Services Planning Commission
Larry Zielke Richfield Promotion/Tourism Board
Mike Andrews Richfield Foundation
Gertrude Ulrich Citizen at Large
Connie Murray Citizen at Large
Appointment Richfield School District
City Staff - each department will provide staff members to
facilitate and provide input in their area of expertise.
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No.137
Agenda April 26, 1993
Issue Statement
First reading of transitory ordinance providing funding for
certain capital improvements from the Special Revenue Fund.
Background
At the February 22, 1993 City Council meeting, the City Council
authorized $500,000 of Special Revenue Funds for redevelopment of
Nicollet Park in 1993. In addition, the 1993 Proposed Capital
Improvement Budget provided recommendations for expenditure for
all types of funds contained in the budget document including
county funds, donations, municipal state aid, user fees, state
grants, tax increment financing and special revenue.
While the total proposed 1993 CIB includes total budgeted
expenditures of $16,191,150, the portion of the CIB concerning
proposed funding from the Special Revenue Fund is now slated at
$500,000. The allocation of the $500,000 is outlined below:
Park Improvement - Nicollet Park $500,000
TOTAL $500,000
A transitory ordinance is necessary to finalize these
appropriations pursuant to City Charter. Charter Section 7.12,
Subdivision 2 allows expenditures for capital improvements from
the Special Revenue Fund only by ordinance.
Recommended Motion
Approve first reading of the attached transitory ordinance
providing for the expenditure of funds from the Special Revenue
Fund for certain capital improvements and schedule second reading
and public hearing for May 24, 1993.
Basis of Recommendation
1. On February 22, 1993 the City Council authorized an
expenditure of $500,000 of Special Revenue Funds for the
redevelopment of Nicollet Park in 1993.
2. Under Section 3.09 of the City Charter, a transitory
ordinance becomes effective 30 days after publication of the
second hearing notice. The ordinance requirements must be
completed early enough in 1993 so that the capital projects
can be initiated on a timely basis, completed and the funds
expended.
3. In order for the timely start of the Nicollet Park project
under consideration in the Capital Improvement Budget, it is
suggested that the first reading of the transitory ordinance
40 take place on April 26 and that the second reading and
public hearing be completed at the May 24, 1993 City Council
meeting.
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Alternative Recommendation
1. The City Council could postpone the first reading of the
transitory ordinance to a future City Council meeting.
2. The City Council could decide to authorize none or only a
portion of the expenditures identified from special revenues
in the CIB.
Discussion/Decision Mode
In order to proceed with improvements approved on a timely basis,
first reading approval of this transitory ordinance would be
desirable on April 26, 1993 so that second reading and the public
hearing could take place on May 24, 1993.
Respectfully submitted,
James/ D. Prosser
Cit anaaer
JDP:ds
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BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM
THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS
City of Richfield Does Ordain:
Section 1: It is found and determined to be necessary and
expedient for the City to expend money from the Special Revenue
Fund for the making of capital improvements listed in Section 2
hereof, for which the City would be authorized to issue general
obligation bonds.
Section 2: The capital improvements and amounts of
expenditures for such improvements which are authorized to be
paid from the Special Revenue Fund under Section 7.12,
Subdivision 2 of the City Charter, are as follows:
Park Improvement - Nicollet Park $500,000
TOTAL $500,000
Section 3: The expenditures herein authorized shall be made
pursuant to such contracts as are authorized from time to time by
Council action.
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Passed by the City Council of the City of Richfield this 26th day
of April, 1993.
Martin J. Kirsch
ATTEST:
Thomas P. Ferber City Clerk
Mayor
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No.136
Agenda April 26, 1993
Issue Statement:
Request for approval of a subdivision waiver at 7646 Lyndale
Avenue.
Background:
The City of Richfield is requesting a subdivision waiver to
divide 7646 Lyndale Avenue into two separate lots. Proposed
Parcel A would be conveyed to the property owner of 7644 Lyndale
Avenue. Proposed Parcel B would be utilized in conjunction with
the 77th Street Project.
The subdivision waiver is necessary because a substantial portion
of the common wall which separates the buildings at 7644 Lyndale
and 7646 Lyndale was built directly over the dividing lot line.
A strip of land approximately three feet wide by 131 feet long
must be conveyed to the owner of 7644 Lyndale in order to
accommodate reconstruction of the wall and stairs on the 7644
Lyndale building.
Recommended Motion:
Adopt the attached resolution, approving the subdivision waiver
for 7646 Lyndale Avenue.
• Basis of Recommendation:
1. Approval of the subdivision waiver would not interfere with
the purposes of platting regulations, Section 500.05.
2. The subdivision waiver would facilitate the upgrade of 77th
Street, while mitigating the impacts of the 77th Street
Project on the adjacent property (7644 Lyndale Avenue).
Alternative Recommendation:
The City Council may deny this subdivision waiver if a finding of
fact determines that the proposal would have an adverse impact on
adjacent properties.
Discussion/Decision Mode:
A public hearing is scheduled at 7:00 p.m. on Monday, April 26,
1993. The hearing will be held in the City Council Chambers of
Richfield City Hall, 6700 Portland Avenue. Notice of hearing was
mailed to property owners within 350 feet of the subject
property.
Respect ul y submitted,
mD rosser
Ja
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City ger
JDP:ds
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RESOLUTION NO.
RESOLUTION AUTHORIZING SUBDIVISION WAIVER
(7646 LYNDALE AVENUE)
WHEREAS, an application has been filed which requests approval
of a subdivision waiver for the division of a certain parcel of
land generally located at 7646 Lyndale Avenue, legally described on
Attachment One, attached hereto and hereby made a part hereof
(hereafter the subject property); and
WHEREAS, the proposed division of land for which the
subdivision waiver is sought is as legally described on Attachment
Two, attached hereto and hereby made a part hereof; and
WHEREAS, the proposed division of the subject property would
facilitate the upgrade of 77th Street, while mitigating the impacts
of the 77th Street Project on the adjacent property (7644 Lyndale);
and
WHEREAS, the City has fully considered the request for
approval of the subdivision waiver; and
WHEREAS, the Council finds that compliance with City Code
Section 500.05, Subd. l would result in unnecessary hardship and
that failure to comply therewith will not interfere with the
purposes of platting regulations of Section 500.01.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, as follows:
1. A waiver for the subdivision of property legally described
on Attachment One is hereby approved subject to the following
condition:
a. All future transfer of any of the property described in
Attachment One shall be by.parcel or parcels described
in Attachment Two.
2. Upon compliance with such condition, City staff is
authorized and directed to take any action necessary to effectuate
this resolution and to authorize the recording of conveyances
complying with the request of this resolution.
Passed and adopted by the City Council of the City of
Richfield, Minnesota this 26th day of April, 1993.
Martin J. Kirsch, Mayor
ATTEST:
•
Thomas P. Ferber, City Clerk
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ATTACHMENT ONE
PROPERTY DESCRIPTION
That part of Lot 7, "Glenn's Addition", lying
line of the north 28.3 feet of said Lot 7 and
the south 30.9 feet of said Lot 7, according
thereof on file or of record in the office of
Titles in and for Hennepin County, Minnesota.
between the south
the north line of
to the recorded plat
the Registrar of
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PROPERTY DESCRIPTIONS
PARCEL A
ATTACHMENT TWO
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.
PARCEL B
That part of Lot 7, "Glenn's Addition", lying between the south
line of the north 28.3 feet of said Lot 7 and the north line of
the south 30.9 feet of said Lot 7, according to the recorded plat
• thereof on file or of record in the office of the Registrar of
Titles in and for Hennepin County, Minnesota, except for the
following: 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.
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 135
Agenda April 26, 1993
Issue Statement:
Public hearing and second reading of an ordinance regarding sale
of a portion 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
RBH (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:
Following the public hearing, give second reading to the attached
ordinance and adopt a motion which approves it.
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. First reading was held April 12, 1993.
3. Notice of public hearing was published April 14, 1993.
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4. There are no alternative competing users for these parcels.
Thus, staff has already submitted the ordinance for
publication and it will appear April 28, 1993.
5. 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.
y submitted,
James
city
JDP:ds
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Prosser
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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 AND 7646 LYNDALE AVENUE)
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
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
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.
Section 2.
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 26th day of April, 1993 by the Richfield City
Council.
Martin J. Kirsch, Mayor
• ATTEST:
Thomas P. Ferber, City Clerk-
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• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 134
Agenda April 26, 1993
Issue Statement:
Request by the Church of the Assumption for a temporary on-sale
non-intoxicating malt liquor license and an itinerant place of
amusement license for a Fun Fest Kickoff Dance to be held April
30, 1993.
Background:
On April 5, 1993, the Church of the Assumption submitted a
request for a temporary license to serve non-intoxicating malt
liquor (3.2 beer) and an itinerant place of amusement for April
30, 1993. They are requesting that any fee be waived.
Recommended Motion:
Approve the licenses fee waived request for April 30, 1993 for
Assumption's Fun Fest Kickoff Dance.
Basis for Recommendation:
1. The applicant has complied with the City Codes pertaining to
these licenses.
2. The applicant has agreed to supply liquor liability insurance
coverage.
40 3. The City has previously issued these licenses in conjunction
with the Assumption Fun Fest.
Alternative Recommendation:
1. The Council could decide to deny the request. The Public
Safety Department has not found any basis for a denial. In
addition, the Council has previously granted these licenses
in conjunction with the Assumption Fun Fest.
Discussion/Decision Mode:
The request for these license has been placed on the consent
calendar for April 26, 1993.
JDP:ds
Respec lly submitted,
Jame . Prosser
City nager
0
• CITY OF RICHFIELD, MINNESOTA
Council Letter No.133
,Agenda April 26, 1993
Issue Statement:
Purchase in excess of $5,000 for plantings at the new miniature
golf gourse.
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 landscape plan for the new miniature golf course at Veterans
Memorial Park of Richfield calls for numerous trees, plants and
shrubs. Quotations were requested from three reputable
nurseries - Bachman's Nursery Wholesale Center, Landscape
Products Center, and Minnesota Valley Wholesale, Inc.
None of the nurseries had all of the materials specified.
Bachman's is able to supply most varieties offerring only six
substitutions which the landscape architect has approved.
Landscape Products Center did not have five of the tree varieties
and seven of the herbaceous varieties, or close substitutes. MN
. Valley did not have 6 of the tree varieties and 15 of the
herbaceous material varieties, or close substitutes. Bachman's
prices on most material are also lower than either of the other
vendors.
Recommended Motion:
Approve a purchase order for planting materials for the miniature
golf course from Bachman's Nursery Wholesale Center in the sum of
$11,978.82 plus sales tax of $778.62, and a delivery fee of
$150.00 for a total of $12,907.44.
Basis of Recommendation:
1. Bachman's Nursery Wholesale Center offered the lowest quotes
for the material specified.
2. Bachman's Nursery Wholesale Center is able to provide all of
the material needed with only six approved substitutions.
3. Bachman's Nursery Wholesale Center has, in the past, proven
to be an extremely reliable vendor for the City of Richfield.
Alternative Recommendation:
Council may direct staff to buy plantings at the lowest possible
price from each nursery; however, delivery costs would vary with
each supplier. Staff believes it is more cost efficient to order
from one nursery.
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Discussion/Decision Mode:
Staff is requesting approval at the April 26, 1993 Council
meeting in order to assure May delivery for planting by City
crews.
Respectf ly submitted,
Prosser
JameIMager
City JDP:ds
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Issue Statement:
Purchase in excess
use at Rich Acres
CITY OF RICHFIELD, MINNESOTA
Council Letter No.132
Agenda April 26, 1993
of $5,000 for a Sand'Pro utility vehicle for
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.
A "Sand Pro" is a vehicle and equipment used in maintaining sand
traps/bunkers on golf courses. Unit #41, a 1987 Sand Pro 14, is
scheduled to be replaced in 1993. Staff asked for trade-in
prices for the "14" as well as quotes on a new machine. Three
quotes were obtained for a Toro Sand Pro 5000, Tooth Rake, Weeder
Cultivator and Dozer Blade as follows:
MTI Distributing Company $10,740.00
Erv's Lawn Mower Repair $12,580.85
Wayzata Lawn Mower $12,797.04
Trade-in offers were $2,000/$1,800/$1,750 respectively. Staff
believes the trade-in prices do not reflect the value of the old
equipment, and would like to keep the Sand Pro 14 for use in the
park areas around sand-based play equipment. The old equipment
wouuld be suitable for lower intensity use.
Recommended Motion:
Approve a purchase order to MTI Distributing Company in the
amount of $10,740.00 plus 6.5% sales tax of $698.10 for a total
of $11,438.10.
Basis of Recommendation:
1. Golf Course staff tested the Sand Pro 5000 extensively during
the summer of 1992, and was very satisfied with its
performance.
2. MTI Distributing Company submitted the low quotation and have
proven to be a very reliable vendor.
3. The 1993 budget includes replacement of this unit and there
is sufficient funding available.
Alternative Recommendation:
Council could choose to direct staff to accept the trade-in value
on the old equipment; however, staff believes it will be more
cost efficient to keep the machine in the motor pool.
qF-/
Discussion/Decision Mode:
Staff is requesting approval at the April 26, 1993 Council
meeting.
Respect ully submitted,
Jame D. Prosser
City' anager
JDP:ds
•
•
qE-
CITY OF RICHFIELD, MINNESOTA
Council Letter No.131
Agenda April 26, 1993
Issue Statement:
Purchase in excess of $5,000 for a turf truckster for use at the
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.
A 1987 Cushman Turf Truckster (Unit #43) is fully depreciated and
scheduled to be replaced in 1993. Staff requested quotes on a
1993 turf truckster and apparatus and received quotes from two
vendors:
1. Cushman Motor Company, Inc.
1993 Cushman Model #898630 $9,900.00
#88998 Flat Bed 500.00
#890010 Sides & Tailgate 425.00
#890170 5th Wheel Ball Hitch 480.00
$11,305.00
Less Trade-In - 1987 Cushman (2,000.00)
S $9,305.00
Sales Tax 604.83
Total $9,909.83
2. MTI Distributing Company, Inc.
Toro Workman 3000 $12,206.00
Price includes #88998 Flat Bed
#890010 Sides & Tailgate
#890170 5th Wheel Ball Hitch
Less Trade-in - 1987 Cushman (1,500.00)
$10,706.00
Sales Tax 695.89
Total $11,401.89
Recommended Motion:
Approve a purchase order in the amount of $11,305.00 less trade-
in of $2,000 plus sales tax of $604.83 to Cushman Motor Company,
Inc. for a Cushman Model #398630 Turf Truckster (plus apparatus)
for a total of $9,909.83.
Basis of Recommendation:
1. Cushman Motor Company, Inc. submitted the low quotation for
the type of equipment desired.
2. Cushman Motor Company, Inc. is offering an additional one-
year warranty (for a total of two years) if this equipment is
ordered by June 1, 1993.
qC'I
3. The adopted 1993 budget includes replacement of this unit and
there is sufficient funding available for this purchase.
Alternative Recommendation:
Council could direct staff to obtain additional quotes for this
equipment; however, MTI Distributing and Cushman Motor Company
are the only vendors that are able to provide local availability
of parts and service.
Discussion/Decision Mode:
Staff,is requesting approval
meeting.
at the April 26, 1993 Council
submitted,
0
James rosser
City Ma ger
JDP:ds
q b
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 130
Agenda April 26, 1993
Issue Statement:
Reject bids for Water Plant equipment procurement package #2.
Background:
It was discovered on April 20, 1993, the day of the scheduled bid
opening for Water Plant equipment procurement package #2, that
the official notice of bid had not been published. However,
because there had been a prequalification with package #2, as was
done with package #1, vendors were aware of the bidding to take
place. Because the notice of bid was not published, it is
necessary to reject bids. Bid package #3, the physical
renovation of the Water Plant, is currently scheduled for a bid
opening the end of May 1993 and will include items from equipment
procurement package #2.
Recommended Motion:
Reject all bids received April 20, 1993 for Water Plant equipment
procurement package #2.
Basis of Recommendation:
1. The official notice of bid was not published.
• 2. The equipment needed will be part of bid package #3.
Alternative Recommendation:
None.
Discussion/Decision Mode:
Council is asked to take action at the April 26, 1993 meeting.
y submitted,
Resp 7 ynager
James osser
City JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 129
Agenda April 26, 1993
Issue Statement:
Consideration of request for an off-street parking permit at 6445
Penn Avenue.
Background:
Donald Smith, applicant, is proposing to construct a 4,510 square
foot building at 6445 Penn Avenue. The new building would be
leased to Sherwin-Williams as a retail paint store. The existing
building (formerly a gas station) would be cleared from the site.
The underground storage tanks have already been removed.
Twelve parking spaces would be provided on the site. In
addition, landscaping, screening and building features would be
incorporated to make this an attractive and functional site,
while minimizing the impacts on surrounding properties. A five
foot high wood screen fence would be installed along the east lot
line.
The building exterior would be treated with
materials including brick veneer, rock face
The south and west facades would have false
spandrel glass. This would eliminate blank
streets. In addition, the pylon sign would
complement the building.
a combination of
block and stucco.
windows using opaque
walls from facing the
be designed to
Setback variances have been requested of the Hearing Examiner to
allow building placement in the southwest corner of the site.
The proposed site plan would allow the parking lot to be at the
side of the building, rather than in the front yard. It would
also help to define the street wall, creating more of an "urban
village" concept for retail activity within the Penn-66
Redevelopment Area. The decision on the variances has not yet
been filed by the Hearing Examiner.
Recommended Motion:
Approve the off-street parking permit and site plan for 6445 Penn
Avenue with the following stipulations:
1. That the Hearing Examiner approve the request for setback
variances.
2. That a cash escrow agreement for all required landscaping be
submitted before this off-street parking permit becomes,
effective.
Basis of Recommendation:
1. The drainage plan meets the City Engineer's approval.
0 2. The landscape plan meets the City Planner's approval.
qG I
3. The number of parking spaces provided is adequate for the
proposed use.
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 26, 1993 City Council meeting.
y submitted,
ResJDProsser
JamCitr
JDP:ds
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 128
Agenda April 26, 1993
Issue Statement:
Adoption of resolution establishing just compensation and
authorizing the purchase of 7644 13th Avenue; 77th Street
Project.
Background:
This single family home has recently been appraised to determine
fair market value. Funding for the acquisition of this property
will be provided through the Minnesota Department of
Transportation (MnDOT) and the Federal Highway Administration
(FHWA). This is part of the Phase II area.
Recommended Motion:
Adopt the attached resolution which does the following:
1. Sets just compensation at $80,000 and authorizes staff.to
negotiate and purchase the property.
2. Authorizes the Mayor and City Manager to execute a purchase
agreement in the amount of just compensation.
Basis for Recommendation:
is 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.
Respec lly submitted,
James D Prosser
City ager
JDP:ds
0
RESOLUTION NO.
• 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 as follows:
Lot 8, Block 4, South Murray Lane Addition, aka 7644 13th Avenue
South; and
WHEREAS, the City has adopted an official map for improvements
to 77th Street; and
WHEREAS, the City is authorized by Minnesota Statutes 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 an appraisal of the subject
property to be made by a qualified independent professional real
estate appraiser 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 $80,000.
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 agreement 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.
Adopted by the City Council of the City of Richfield, Minnesota
this 26th day of April, 1993.
0 . Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
LM
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 127
Agenda April 26, 1993
Issue Statement:
Authorization to execute a joint cooperation agreement with
Hennepin County to continue participation in the Community
Development Block Grant program (CDBG).
Background:
The Joint Cooperation Agreement which the City executed in 1990
with Hennepin County and 43 other communities to continue the
Urban Hennepin County CDBG program expires on October 1, 1993.
To continue the program, it is necessary to execute a new
agreement for the next three years.
The agreement is for the federal fiscal years 1994, 1995 and
1996. The agreement is necessary for the County to qualify as an
urban County and participate in the program. An agreement is
also necessary to allow Richfield to continue to receive
approximately $250,000 a year from this program. If the City
Council elects not to execute this agreement, Richfield cannot
participate in the program for the next three years.
The new agreement is similar to the one previously executed in
1990. Attached is a copy of the new agreement which highlights
• the changes from the previous agreement. Most of the changes are
minor language changes or clarifications. In addition, new HUD
language regarding the HOME Program and CDBG Program requirements
are also reflected.
Recommended Motion:
Adopt the resolution authorizing the Mayor and City Manager to
execute the Joint Cooperation Agreement with Hennepin County to
continue participation in the CDBG Program.
Basis of Recommendation:
This is a valuable program to the City of Richfield as it
provides annual funding for:
1. New Home Program
2. Deferred Rehabilitation Loans
3. Sliding Fee Day Care
4. H.O.M.E.
5. SKILLS 2000
Alternative Recommendation:
Not execute the agreement which would result in the loss of CDBG
funds for the next three years.
4{ A-I
• Discussion/Decision Mode:
A decision on this matter is necessary at the April 26, 1993
Council meeting to permit processing and submission by May 28,
1993. County staff has, indicated that if the executed agreement
is not received by May 28, 1993, the City cannot continue to
participate in the program after the expiration of the current
agreement on October 1.
Respectf y submitted,
i`
JamesfD Prosser
city M alter
JDP:ds
0
zbq_?-
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A
JOINT COOPERATION AGREEMENT WITH
HENNEPIN COUNTY TO CONTINUE PARTICIPATION
IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Richfield, Minnesota and the County of
Hennepin have in effect a Joint Cooperation Agreement for
purposes of qualifying as an Urban County under the United States
Department of Housing and Urban Development Community Development
Block Grant and HOME Programs; and
WHEREAS, the City and the County wish to execute a new Joint
Cooperation Agreement in order to continue to operate as an Urban
County for purposes of the Community Development Block Grant and
HOME Programs.
NOW, THEREFORE, BE IT RESOLVED, that the Current Joint
Cooperation Agreement between the City and the County be a new
Joint Cooperation Agreement between the City and County be
executed effective October 1, 1993, and that the City Manager and
the Mayor be authorized and directed to sign the Agreement.on
behalf of the City.
• Passed by the City Council of the City of Richfield this
26th day of April, 1993.
ATTEST:
Martin J. Kirsch, Mayor
Thomas Ferber, City Clerk
•
4A-3
Urban Hennepin County
Community Development Block Grant Program
JOINT.COOPERATION AGREEMENT
WITNESSETH:
Contract No. A07483
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of
their citizens that OtiPERAi:::<tT:I::::::e?a:::>ists:<:::auhe?:risr:::>:>.tb«:::?rxt:::<::xxnt::::<;:s::?<
:.....: ?? ': ommunit Development Block rant RE »:: ti NOW
r funds as an Urban County within the provisions of the Act as herein
defined and, therefore, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to.the following terms and
conditions.
•
I.
The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the
Regulations are incorporated herein by reference and made a part hereof, and the
terms defined in this section have the meanings given them:
A. "Act" means Title I of the Housing and Community Development Act of 1974,
as amended, (42 U.S.C. 5301 et seq.).
B. "Regulations" means the rules and regulations promulgated pursuant to the
Act, including but not limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Development.
D. "Cooperating Unit" means any city or town in Hennepin County which has
entered into a cooperation agreement which is identical to this Agreement,
as well as Hennepin County which is a party to each Agreement.
qh-q
E. "Statement of Objectives and Projected Use of Funds" means the document
• bearing that title or similarly required statements or documents submitted
to HUD for authorization to expend the annual grant amount and which is
developed by the COUNTY in conjunction with COOPERATING UNITS as part of
the Community Development Block Grant program.
F. "Metropolitan City" means any city located in whole or in part in Hennepin
County which is certified by HUD to have a population of 50,000 or more
people.
II. PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to
cooperate to undertake, or assist in undertaking, community renewal and lower income
housing rz s activities, specifically urban renewal and publicly assisted
housing and authorizes COUNTY to carry out these and other eligible activities for
the benefit of eligible recipients who reside within the corporate limits of the
COOPERATING UNIT which will be funded from annual Community Development Block Grant
appropriations for the Federal Fiscal Years
III. AGREEMENT
•
2
The term of this Agreement is for a period commencing on October 1, 1993, and
terminating no sooner than the end of the program year covered by the Statement of
Objectives and Projected Use of Funds for the basic grant amount for the Fiscal Year
1996, as authorized by HUD, and for such additional time as may be required for the
qA-5
This Agreement shall be executed by the appropriate officers of COOPERATING UNIT
and COUNTY pursuant to'authority granted them by their respective governing bodies,
and a copy of the authorizing resolution and executed Agreement shall be filed
promptly'by the COOPERATING UNIT in the Hennepin County Office of Planning and
Development, and in no event shall the Agreement be filed later than ?Ir
COOPERATING UNIT and COUNTY shall take all actions necessary to assure
compliance with the applicant's certifications required by Section 104(b) of the
Title I of the Housing and Community Development Act of 1974, as amended, including
Title VI of the Civil Rights Act of 1964; the Fair Housing Act, section 109 of Title
I of
:<€::res<><:>adantirittCJvite>'">i`>e<ea'3t
IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to undertake and
carry out within the terms of this Agreement certain projects involving one or more
of the essential activities eligible for funding under the Act. COUNTY agrees and
will assist COOPERATING UNIT in the undertaking of such essential activities by
providing the services specified in this Agreement. The parties mutually agree to
comply with all applicable requirements of the Act and the Regulations and other
relevant Federal and/or Minnesota statutes or regulations in the use of basic grant
amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's
responsibility to assume all obligations of an applicant under the Act, including the
development of the Statement of Objectives and Projected Use of Funds pursuant to 24
• CFR §570.300 et seq.
COOPERATING UNIT further specifically agrees as follows:
A. COOPERATING UNIT will in accord with a COUNTY-established schedule prepare
and provide to COUNTY, in a prescribed form, an annual request for the use
of Community Development Block Grant Funds consistent with this Agreement,
program regulations and the Urban Hennepin County Statement of Objectives.
B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is
subject to the same requirements applicable to subrecipients, including
the requirement for a written Subrecipient Agreement set forth in 24 CFR
§570.503. The Subrecipient Agreement will cover the implementation
requirements for each activity funded pursuant to this Agreement and shall
be duly executed with and in a form prescribed by COUNTY.
C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient
requirements stated in paragraph B. above in instances where an agency
other than itself is undertaking an activity pursuant to this Agreement on
behalf of COOPERATING UNIT. In such instances a written Third Party
Agreement shall be duly executed between the agency and COOPERATING UNIT
in a form prescribed by COUNTY.
D. COOPERATING UNIT shall implement all activities funded for each annual
program pursuant to this Agreement within Eighteen (18) months of the
authorization by HUD to expend the basic grant amount.
3
0_?
1. Funds for all activities not implemented within Eighteen (18) months
0 shall be added to the next annual basic grant amount received by
COUNTY and allocated according to the procedures set forth in and
comply with all conditions of this Agreement.
2. Implementation period extensions may be granted upon request in cases
where the authorized activity has been initiated and/or subject of a
binding contract to proceed.
E. COOPERATING UNIT shall use funds provided pursuant to Section V. of this
Agreement ><':''`:`' to undertake no more than Three 3
grant-funded activities administered by the COOPERATING UNIT. Each
activity shall have a budget of at least Seventy-five Hundred Dollars
($7,500.00), or the total amount of the planning allocation of COOPERATING
UNIT if less than Seventy-five Hundred Dollars ($7,500.00). A COOPERATING
UNIT may assign less than Seventy-five Hundred Dollars ($7,500.00) to an
activity when the activity is one that is programmed by at least one other
COOPERATING UNIT and administered by only one COOPERATING UNIT o>:.t
mon behalf of the others, provided that the total activity budget is
at least Seventy-five Hundred Dollars ($7,500.00).
F. COOPERATING UNIT will take actions necessary to accomplish the community
development program and housing assistance goals as contained in the Urban
Hennepin Count :>:'m rehenssze::>:::€lsz ;>`::?aabt>`<»ae ,' >:<'CiA::
G. COOPERATING UNIT shall ensure that all programs and/or activities funded
in part or in full by grant funds received pursuant to this Agreement
shall be undertaken affirmatively with regard to fair housing, employment
and business opportunities for minorities and women. It shall in
implementing all programs and/or activities funded by the basic grant
amount comply with all applicable Federal and Minnesota Laws, statutes,
rules and regulations with regard to civil rights, affirmative action and
equal employment opportunities and Administrative Rule issued by the
COUNTY.
H. COOPERATING UNIT that does not affirmatively further fair housing within
its own jurisdiction or that impedes action by COUNTY to comply with its
fair housing certification shall be prohibited from receiving CDBG funding
for any activities.
I. COOPERATING UNIT shall participate in the citizen participation process as
established by COUNTY in compliance with the requirements of the Housing
and Community Development Act of 1974, as amended.
J. COOPERATING UNIT shall comply with all of the administrative guidelines of
the COUNTY now in effect or as hereafter promulgated.
K. COOPERATING UNIT shall prepare, execute, and cause to be filed all
documents protecting the interests of the parties hereto or any other
Dartv of interest as may be designated by the COUNTY.
0
4
9A-7
COUNTY further specifically agrees as follows:
A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies
on an annual basis all plans, statements and program documents necessary
for receipt of a basic grant amount under the Act.
B. COUNTY shall provide, to the maximum extent feasible, technical assistance
and coordinating services to COOPERATING UNIT in the preparation and
submission of the request for funding.
C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to
aid COUNTY in fulfilling its responsibility to HUD for accomplishment of
the community development program and housing assistance goals.
D. COUNTY shall upon official request by COOPERATING UNIT agree to administer
• local housing rehabilitation grant programs funded pursuant to the
Agreement, provided that COUNTY shall receive Twelve percent (12%) of the
allocation by COOPERATING UNIT to the activity as reimbursement for costs
associated with the administration of COOPERATING UNIT activity.
E. COUNTY may, at its discretion and upon official request by COOPERATING
UNIT, agree to administer for a possible fee other programs and/or
activities funded pursuant to this Agreement on behalf of COOPERATING
UNIT.
F. COUNTY may, as necessary for clarification and coordination of program
administration, develop and implement Administrative Rules consistent with
the Act, Regulations, HUD administrative directives, and administrative
requirements of COUNTY.
V. ALLOCATION OF BASIC GRANT AMOUNTS
€( of the Act shall
Basic grant amounts received by the COUNTY under ...............................:.
be allocated as follows:
A. COUNTY shall retain Ten percent (10%) of the annual, basic grant amount for
the undertaking of eligible activities.
•
5
4A 8
B. The balance of the basic grant amount shall be apportioned by COUNTY to
• COOPERATING UNITS in accordance with the formula stated in part C of this
section for the purpose of allowing the COOPERATING UNITS to make requests
for the use of funds so apportioned. The allocation is for planning
purposes only and is not a guarantee of funding.
C. Each COOPERATING UNIT will use as a target for planning purposes an amount
which bears the same ratio to the balance of the basic grant amount as the
average of the ratios between:
1. The population of COOPERATING UNIT and the population of all
COOPERATING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of poverty
in all COOPERATING UNITS.
3. The extent of overcrowded housing by units in COOPERATING UNIT and
the extent of overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving
the extent of poverty shall be counted twice.
D. It is the intent of this section that said planning allocation utilize the
same basic elements for allocation of funds as are set forth in 24 CFR
§570.4. The COUNTY shall develop these ratios based upon data to be
furnished by HUD. The COUNTY assumes no duty to gather such data
independently and assumes no liability for any errors in the data
furnished by HUD.
E. In the event COOPERATING UNIT does not request its planning allocation, or
a portion. thereof, the amount not requested shall be added to the next
annual basic grant amount received by COUNTY and allocated according to
the procedures set forth in and comply with all conditions of this
Agreement.
VI. FINANCIAL MATTERS
A. Reimbursement to the COOPERATING UNIT for expenditures for the
implementation of activities funded under the Act shall be made upon
receipt by the COUNTY of Summary of Project Disbursement form and Hennepin
County Warrant Request, and supporting documentation.
B. All funds received by COUNTY under the Act as reimbursement for payment to
COOPERATING UNITS for expenditure of local funds for activities funded
under the Act shall be deposited in the County Treasury.
C. COOPERATING UNIT and COUNTY shall maintain financial and other records and
accounts in accordance with requirements of the Act and Regulations. Such
records and accounts will be in such form as to permit reports required of
the County to be prepared therefrom and to permit the tracing of grant
• funds and program income to final expenditure.
6
qA-9
D. COOPERATING UNIT and COUNTY agree to make available all records and
. accounts with respect to matters covered by. this Agreement at all
reasonable times to their respective personnel and duly authorized federal
officials. Such records shall be retained as provided by law, but in no
event for a period of less than three years from the last receipt of
program income resulting from activity implementation. COOPERATING UNIT
and COUNTY shall perform all audits as may be required of the basic grant
amount and resulting program income as required under the Act and
Regulations.
E. COOPERATING UNIT shall inform COUNTY of any income generated by the
expenditure of CDBG funds it has received and shall pay to COUNTY all
program income generated except as derived from activities with an
approved revolving account. When program income is generated by an
activity that is only partially assisted with CDBG funds, the income shall
be prorated to reflect the percentage of CDBG funds used.
1. COUNTY will retain Ten percent (10%) of all program income paid to
COUNTY to defray administration expenses.
2. The remaining Ninety percent (90%) of the program income paid to
COUNTY shall be credited to the grant authority of COOPERATING UNIT
whose project generated the program income and shall be used for
fundable and eligible CDBG activities consistent with this Agreement.
3. COOPERATING UNIT azr?3L#ItiT3'a_authorized to retain program income
• derived from projects with an approved revolving account provided
such income is used only for eligible activities in accordance with
all CDBG requirements as they may apply.
4. COOPERATING UNIT shall maintain appropriate records and make reports
to COUNTY as may be needed to enable COUNTY to monitor and report to
HUD on the use of any program income.
5. Any program income that is on hand or received subsequent to the
closeout or change in status of COOPERATING UNIT shall be paid to
COUNTY.
F. Should an approved activity be determined to represent an ineligible
expenditure of grant funds, the COOPERATING UNIT responsible shall
reimburse the COUNTY for such ineligible expense.
1. All reimbursements for ineligible expenditures shall be added to the
next annual basic grant amount received by COUNTY and allocated
according to the procedures set forth in and comply with all
conditions of this Agreement unless decreed otherwise by a Federal
regulatory body or by final determination of a court of competent
jurisdiction.
2. When it is determined by the COUNTY that grant funds have been
expended on an eligible activity and through no fault of the
• COOPERATING UNIT the project fails or is no longer eligible, the
7
L4P110
return of grant funds shall be reallocated in the same manner as
. program income in Section VI.E. of this Agreement unless decreed
otherwise by a Federal regulatory body or by final determination of
a court of competent jurisdiction.
VII. REAL PROPERTY ACQUISITION OR IMPROVEMENT
The following provisions shall apply to real property acquired or improved in
whole or in part using CDBG funds.
A. COOPERATING UNIT shall promptly notify COUNTY of any modification or
change in the use of real property from that planned at the time of
acquisition or improvement including disposition and comply with 24 CFR
§570.505.
B. COOPERATING UNIT shall reimburse COUNTY an amount equal to the current
fair market value (less any portion thereof attributable to expenditures
of non-CDBG funds) of property acquired or improved with CDBG funds that
is sold or transferred for a use which does not qualify under the CDBG
regulations. 5#e?t:>:~7z:::<::::::.xc?v:l:::4ET3t a:>><h:::::
• C. Program income generated from the disposition or transfer of property
prior to or subsequent to the closeout, change of status or termination of
this Agreement shall be treated as stipulated in Section VI. E. of this
Agreement.
VIII. METROPOLITAN CITIES
Any metropolitan city executing this Agreement shall defer their entitlement
status and become part of Urban Hennepin County.
Assistant County Attorney
E
8
?A-11
• R. HENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement
on , 1993, and pursuant to such approval and the proper County
official having signed this Agreement, the COUNTY agrees to be bound by the
provisions herein set forth.
Upon proper execution, this COUNTY OF HENNEPIN, STATE OF MINNESOTA
Agreement will be legally
valid and binding. By:
Chairman of its County Board
And:
Deputy/Associate County Administrator
Assistant County Attorney
Attest:
Date: Deputy County Auditor
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
9
qh-IX
XI. COOPERATING UNIT EXECUTION
COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing
body having duly approved this Agreement on 1993, and pursuant
to such approval and the proper city official having signed this Agreement,
COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation
Agreement, contract A07483
CITY OF
By:
Its
And:
Its
Date:
CITY MUST CHECK ONE:
The City is organized pursuant to:
Plan A Plan B Charter
0
• 3/26/93
10
CITY OF RICHFIELD, MINNESOTA C?_
Council Letter No. 126
Agenda April 26, 1993
Issue Statement:
Proclamation recognizing that Earth Day, nationally celebrated on
April 22, will be celebrated in Richfield in conjunction with its
Arbor Day festivities on May 2, 1993.
Background:
In partnership with the U.S. Conference of Mayors, Earth Day USA is
requesting that all cities throughout the U.S. make a proclamation
citing April 22 as a day of celebration, progress reporting, and
rededication to the goals of making every day Earth Day.
Earth Day USA is an organization based in Petersborough, New Jersey.
It was founded by former Governor and Senator Gaylord Nelson and is
run by its President, Bruce Anderson. Earth Day USA was created in
response to requests to provide guidance, tools and support necessary
for groups and individuals to create Earth Day events in their
communities.
Richfield's past celebrations of Earth Day have been held at Wood
Lake Nature Center. Wood Lake has held a number of different types
of Earth Day events since 1990. Last year an all-day kids
environmental workshop was held which achieved national recognition.
This year an "All Species Walk and Arbor Day Celebration" is being
held on Sunday May 2 from 12:30 p.m. to 5:00 p.m. The walk, which
• will highlight endangered species, has already had coverage by
Newsweek magazine.
Recommended Motion:
Approve an official proclamation by the Mayor designating that t
City of Richfield does officially recognize Earth Day and will
celebrate it in conjunction with Arbor Day on May 2.
Basis of Recommendation:
1. Richfield, through its Wood Lake Nature Center facility, has
established a tradition of acknowledging Earth Day through a
variety of community based programs.
he
2. The proclamation would be in keeping with the request by the U.S.
Conference of Mayors.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This item is scheduled for the April 26, 1993 Council meeting. Wood
Lake Nature Center Manager Karen Shanberg will be present to accept
the proclamation.
Respec submitted,
James D osser
City Ma ag r
JDP:ds
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