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05-11-92 agenda • CITY OF RICHFIELD, MINNESOTA MONDAY, MAY 11, 1992 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 MEETING OF APRIL 27, 1992; (2) REGULAR CITY COUNCIL MEETING OF APRIL 27, 1992; AND (3) CITY COUNCIL STUDY SESSION OF MAY 4, 1992 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 0 2. PRESENTATION OF PROCLAMATION DESIGNATING MAY 11-15, 1992 SMALL BUSINESS WEEK IN RICHFIELD 3. PRESENTATION OF PROCLAMATION DESIGNATING MAY 13, 1992 CITY OF RICHFIELD EMPLOYEE HEALTH AND FITNESS DAY AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. 5A. CONSIDERATION OF APPROVAL OF RESOLUTION AMENDING 1991 GENERAL FUND BUDGET C.L. 108 B. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING LABOR • AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEARS 1992 AND 1993 C.L. 109 C. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR SEASONAL STREET MAINTENANCE SUPPLIES FROM COMMERCIAL ASPHALT COMPANY IN THE AMOUNT OF $8,080 C.L. 110 D- CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR PLAYFEATURE COMPONENTS WITH INSTALLATION AND RESILIENT PLAY SURFACE AT TAFT PARK FROM EARL F. ANDERSEN, INC-. IN THE AMOUNT OF $10,482.05 C.L. 111 E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR TWO MOWERS FOR RICH ACRES GOLF COURSE FROM MTI DISTRIBUTING, INC. IN THE AMOUNT OF $8,300 FOR TORO GREENSMASTER 3000 AND $9,208 FOR TORO GROUNDSMASTER 325D ROTARY C.L. 112 F. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION AND AWARD OF CONTRACT FOR FIVE UNIT FAIRWAY MOWER TO M.T.I. DISTRIBUTING COMPANY IN THE AMOUNT OF $26,895 C.L. 113 PUBLIC HEARINGS 6. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING CURRENT SWIMMING POOL ORDINANCE COUNCIL LETTER NO. 114 7. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SUBDIVISION WAIVER AT 7629-35 AND 7639-45 LOGAN AVENUE COUNCIL LETTER NO. 115 0 8. CONSIDERATION OF REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR PARENT-INFANT EDUCATION PROGRAM AT LINCOLN HILLS CENTER, 7440 PENN AVENUE COUNCIL LETTER NO. 116 PROPOSED ORDINANCE 9. CONSIDERATION OF FIRST READING OF AMENDMENT TO THE CITY CHARTER COUNCIL LETTER NO. 117 ADMINISTRATIVE REPORTS & OTHER BUSINESS 10. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $30,000 TO BRW, INC. FOR PRELIMINARY ENGINEERING WORK NEEDED PRIOR TO PERFORMING RIGHT-OF-WAY ACQUISITIONS FOR 77TH STREET RECONSTRUCTION PROJECT COUNCIL LETTER NO. 118 0 11. CONSIDERATION OF WHETHER TO HOLD A COUNCIL MEETING ON MAY 25, 1992 COUNCIL LETTER NO. 119 AIRPORT BUSINESS 12. AIRPORT STATUS REPORT 13. LEGISLATIVE REPORT COUNCIL CHOICE 14. COUNCIL DISCUSSION ITEMS 15. CLAIMS AND PAYROLLS ADJOURNMENT 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 119 Agenda May 11, 1992 Issue Statement: Council consideration as to whether to hold a Council meeting on May 25, 1992. Background: Because of?the Memorial Day holiday, the second Council meeting for May 1992, would be held on Tuesday, May 26. Recommended Motion: Cancel the City Council meeting regularly.scheduled for May 25. Basis for Recommendation: 1. The business can be carried over to June 1992. 2. The holiday may cause a problem with a quorum for the Council. Alternative Recommendation: Hold the second Council meeting in May on May 26. Discussion/Decision Mode: This item has been placed on the May 11, 1992 Council agenda so that proper public notification can be made if the meeting is cancelled. ly submitted, Jame". Prosser City Manager JDP:ds 0 ID • CITY OF RICHFIELD, MINNESOTA Council Letter No.118 Agenda May 11, 1992 Issue Statement: Approval for purchase in excess of $30,000 for preliminary engineering work needed prior to performing right-of-way acquisitions for the 77th Street Reconstruction Project. Background: At the April 27, 1992 meeting, the City Council authorized the Mayor and the City Manager to enter into a contract with BRW, Inc. for engineering consultant services for the 77th Street Project. Staff is expecting approval of the consultant agreement from the Minnesota Department of Transportation (MnDOT) State Aid and Federal Highway` Administration (FHWA) in late May. Work under this contract is eligible for 80% Federal funding. In order to start some of the work included in the original engineering consultant services contract, staff is recommending Council authorize an expense of $30,000 of Municipal State Aid (MSA)_eligible funds. It is expected these expenses charged to Municipal State Aid will be a part of the State's share of the project cost. The preliminary work on these tasks will not exceed $30,000. A copy of the complete preliminary budget for the 77th Street project is attached for Council review. • The work included in the consultant agreement is needed to begin as soon as possible in order to allow timely acquisition of the property in the first phase of the 77th Street Project. Two work products from the City's consultant, BRW, Inc., are necessary in order to begin the right-of-way acquisitions. The first is a design study report which must be approved by the FHWA before any offers can be made by the City on parcels that must be purchased for the project. The second is the right-of-way plan and parcel sketches which must be completed before appraisals can be performed on the partial acquisitions. The City's schedule for the 77th Street project is ambitious and is testing MnDOT's and FHWA's ability to respond. By allowing the consultant to start work as soon as possible, the City will help expedite the strict project work schedule. This will not impact reimbursement from the state. Recommended Motion: Approve an expenditure of $30,000 for BRW, Inc. to assist the City in the preparation of a design study report and a right-of- way plan and parcel sketches. Basis of Recommendation: - 1. The MnDOT State Aid approval of the consultant agreement may not be received until late May or later. • 2. The approved expenditure would enable the right-of-way acquisitions to proceed as scheduled thereby keeping the entire project on schedule. Co-i 0 3. The'expenditure is eligible for MSA funding. Alternative Recommendation: Wait until Municipal State Aid authorization for consultant services is received before going ahead with the work. This delay of about a month would potentially hold up the right-of-way acquisition and, in turn, set back the entire project schedule. Discussion/Decision Mode: A decision is needed as soon as possible in order to keep the 77th Street Project on schedule. Respectfully submitted, Jame Prosser City, anager JDP:ds Attachment L? 9 fO-,?- ? PRELIMINARY BUDGET FOR 77TH STREET PROJECT --------------- FUNDING SOURCES --------------- Federal Funds $20,000,000 State Funds $9,000,000-$10,000,000 City MSA Funds $2,000,000-$ 3,000,000 ------------------ $33,000,000 TOTAL FUNDING .......................................$33,000,000 -------------- EXPENSES -------------- 135W TO PORTLAND -- PHASE I - 1992-1993 R-O-W & Relocation $6,610,000 Construction $4,450,000 Consultant Services $ 800,000 • In-house Services $---50,000 SUB-TOTAL $11,910,000 PORTLAND TO CEDAR -- PHASE II - 1993-1994 R-O-W & Relocation Construction Consultant Services In-House Services $4,242,400 $2,737,600 $ 500,000 $ 40,000 SUB-TOTAL $7,520,000 CEDAR TO 24TH AVE. -- PHASE III -1994-1995 R-O-W & Relocation Construction Consultant Services In-House Services $2,950,000 $8,500,000 $2,100,000 $ 20,000 SUB-TOTAL $13,570,000 TOTAL COST I35W TO 24TH AVE .........................$33,000,000 CITY OF RICHFIELD, MINNESOTA Council Letter No. 117 Agenda May 11, 1992 Issue Statement: Consideration of first reading of an amendment to the City Charter. Background: The City Charter Commission has completed a review of Charter provisions regarding filling Council vacancies. The Council had requested Charter Commission review of this matter last year. The Charter Commission has approved recommended changes in the Charter which will clarify vacancy appointment issues. The clarifications basically provide for the following: ? A vacancy is deemed to exist (without the need for Council action) upon resignation or death of a Council Member or the Mayor. ? A requirement that the Council declare a vacancy to exist for reasons of: ? Failure of an elected candidate to qualify as required before the second regular meeting of the Council year following election. ? Lack of residency. • ? Lack of residency within district of ward represented. ? Continuous absence for more than 90 days. ? Conviction of felony. ? Other reasons specified by law. ? Failure to perform the duties of a Council Member for 90 days. ? If 90 days or less remains in a Council Member's term after vacancy, the Council shall appoint to fill the unexpired term the person elected to that office for the term commencing January 1 of the next year. Appointment shall be made not later than the first order of business at the next regular Council meeting following filing of declaration of the results of the election with the City Clerk. ? If less than 180 days and more than 90 days remain in the Council Member's term of office after the vacancy, the Council shall appoint an eligible person to fill the vacancy for the unexpired term. If the Council fails to agree upon an appointee to fill the vacancy within 30 days after the vacancy, the Mayor shall appoint the person to fill the vacancy. ? If 180 days or more remain in the Council Member's term of office after the vacancy, the Council shall call a special election to fill the vacancy for the balance of the Member's term. That special election shall be called at the same Council meeting at which the vacancy is declared. The special election shall be held not less than 30 nor more than 60 days after the Council meeting at which the election is called. Provision were also added for filling the vacancies in the office of Mayor. Those provisions include the following: ? Vacancy provisions will include the same as determined for Council Members. ? The procedure following vacancy will include that the Mayor Pro Tem shall assume duties of the Mayor until a Mayor is elected. ? If less than 180 days remain in the unexpired term of the Mayor, the Mayor Pro Tem shall assume the duties of the Mayor, for the unexpired term. ? If 180 days or more remain in the term, a special election shall be held in the same manner as described for Council Members. Recommended Motion: Approve the first reading and schedule a public hearing and second reading for June 22, 1992. Minnesota Statute 410.12, Subd. 7 states that adoption of a Charter amendment by the City Council requires an affirmative vote of all its members. Therefore, the City Council should consider the ability of all members to be present at the meeting • scheduled for second reading. Basis for Recommendation: Request by Charter Commission to consider action. If the Council fails to unanimously (all four Council Members and the Mayor) approve this Charter change, then the Charter Commission shall have the option of submitting the matter to a vote of the electorate at a future election. Alternative Recommendation: The Council may wish to discuss this matter further with the Charter Commission. Discussion/Decision Mode: This matter will be presented for first reading on may 11, 1992. Respectfully submitted, Ja a D. Prosser Ci Manager JDP:cak 9-2- MINUTES FOR THE RICHFIELD CHARTER COMMISSION MEETING April 30, 1992 Pursuant to notice the Richfield Charter Commission met on April 30, 1992 at 7:00 PM at the Richfield City Hall. No roll call was taken, but ten members were present, and thus a quorum was esatblished. The minutes of the January 14, 1992 meeting were approved. The letter from City Attorney John Dean to Chairman Ticen was discussed. Changes were made in the City Attorney's proposed suggestions (see enclosure). Doebler moved, seconded by Norquist, that the Commission's proposed changes be recommended to the City Council. Chairman Ticen will work with City Attorney Dean, City Manager Prosser, and the City Council. There are now three vacancies on the Richfield Charter Commission. Chairman Ticen will work with staff at Richfield City Hall to publicize these vacancies. Commission member Matthew Little was thanked for his service on the Charter Commission. There being no further business to come before the meeting, the meeting adjourned at approximately 8:20 p.m. Respectfully submitted, /A J mes P. No%qui t ,secretary 41 ; E V r iJ tolAy 0j 8 1992 0 • LJ JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 May 7, 1992 Mr. James D. Prosser City Manager City of Richfield 6700 Portland Avenue South Richfield, MN 55423 RE: Proposed Charter Amendment Dear Jim : q3 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Enclosed please find the draft ordinance which would amend the city charter as proposed by the Charter Commission. I must note that I have made three modifications to the language of the Commission's recent transmittal. 1. At §2.05, subd. 1(2) (vi) , I have added the clause "except those reasons specified in paragraph (1) of this subdivision. " I did this because it is the clear intent of the Commission that death or resignation (which are other reasons specified by law) not require a declaration. 2. At §2.05, subd. 2(3), I added a clause to the second sentence : "or at the first regular Council meeting after the death or resignation of a Council member, as the case may be." This was done because of the intention of the Commission that no declaration is required for vacancies due to those reasons. 3. At §2.06, subd. 2(2), I have added a clause similar to the one described in 2 above. These changes to the ordinance text have been made because I believe that they represent the intention of the Commission, rather than change it. In any event, I would suggest that the Commission have an opportunity to review the changes before second reading. JBD34429 RC160-1 Q- q Mr. James D. Prosser May 7, 1992 Page 2 As a last comment, I believe that the Charter Commission should be commended for their excellent work on this rather difficult matter. Respectfully yours, )Jh B . Dean :jes Enclosure • • JBD34429 RC160-1 9- ?__ BILL NO. 1992- AN ORDINANCE RELATING TO CITY GOVERNMENT : AMENDING THE RICHFIELD CITY CHARTER CITY OF RICHFIELD DOES ORDAIN: Section 1. Background: Findings: Authority. 1.01. The City of Richfield (City) is governed by a home rule charter adopted, >.Nove?nber 3, 1964, pursuant to the Constitution of the state of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an amendment (Amendment) of the City Charter ("Charter") and recommended to the City Council that the Amendment be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7 of the Act. The form of the amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was duly held on , 19_, by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. • 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Sec. 2. Adoption: Effective Date. 2.01. The Amendment, as proposed by the Commission, is adopted. 2.02. The text of the proposed amendment is as follows: I. Chapter 2 of the Charter is amended in the following respects: A. By amending Section 2.03 thereof to read as follows: Sec. 2.03. Elective Officers. The Council shall be composed of a Mayor and four Council members, all of whom shall be registered voters. Ge-mm^-R P&Rg %4t the 98 eleetinn + The offices of Mayor and at-large Council member shall be filled by election at large. The offices of the three district Council members shall be elected from apportioned Council districts in which they reside. The Mayep ^b^„ fe teirm of t n the at-lal-ge a d searve 1987 eleeti..'^ "the rrtas-yep shat ^ ^ term of three y . The Mayor and the Council members shall each be elected to a four-year term with Mayor and the Council member at-large in 1994 and each succeeding four years and the district Council members elected in 1992 and each succeedinLr four vears. Geri. ^;„em r.4t the 14-9-90- ^,^^+;^n of foup yea-P^ The regular term of office commences on January 1 next following the JBD31491 RC160-1 q-(O • general election at which balloting for the full term of office occurs. A candidate for the office of district Council member must reside, while seeking election and while serving in office, within the district from which he or she is elected. Within two years after each United States Census, the City Council shall by ordinance establish compact and contiguous districts to be apportioned by population as nearly equal as practicable. The three Districts shall be Eastern, Central and Western Richfield with dividing lines generally north and south. Bill 1984_17 passe by Ref^'°^"' 11 /e 1 A B. By repealing Section 2.05 entitled "Vacancies in the Council." C. By adding a new Section 2.05 to read as follows : Sec. 2.05. Vacancies. Subdivision 1. Existence. (1) A vacancy shall exist as of the date of death or resignation of a Council member. 2) As soon as it is determined that a Council member is of any of the following reasons: (i) the failure of an, the Council to qualify on or before the date of t] meeting of the Council in the year following the year Council member ceasing to be a resident of the Ci Council member ceasing to be a resident of the member represents; (iv) continuous absence of tY from the City for more than 90 davs: (v) conviction o 0 of a felony whether befoi specified by law except t. subdivision; or (vii) by without good cause to pe: a period of 90 days, the special Council meetin-a. or after quauticanon; ose reasons specified in reason of the failure of the duties of a declare a vacancy on r; (iii) a district istrict which the Council member a Council member any other reason Igraph (1) of this Council member :)uncil member for n at a regular or iuncil to exist. Subd. 2. Procedure Following Vacancy. (1) If 90 days or less remain in the Council member's term after the vacancy, the Council shall appoint to fill the unexpired term the person elected to that office for the term commencing on January 1 of the next year. Such appointment shall be made not later than the first order of business at the next regular Council meeting following the filing of a declaration of the results of the election with the Citv Clerk. 2) If less than 180 davs and more than 90 days remain in the Council • member's term of office after the vacancy, the Council shall appoint an eligible person to fill the vacancy for the unexpired term. If the Council fails to agree upon an appointee to fill the vacancy within 30 days after the vacancy, the Mayor shall appoint a person to fill the vacancy. 3) If 180 days or more remain in the Council member's term of office after the vacancy, the Council shall call a special election to fill the vacancy for the balance of the Council member's term. The special election shall be called at the same Council meeting at which the vacancy is declared to exist or at the next re-aular Council meetin-a followinLr the death or JBD31491 RC160-1 2 • resignation of a Council member, as the case may be. The special election shall be held not less than 30 nor more than 60 days after the Council meeting at which the election is called. The election to fill the unexpired term shall be in accordance with the provisions of Section 4.03, except that there shall be no primary election and the candidate receiving the highest number of votes shall be elected to fill the unexpired term. The term of the person so elected shall start as soon as the declaration of the results has been filed with the City Clerk and the person has qualified for office. D. By amending Section 2.06 to read as follows : Sec. 2.06. Subdivision 1. The Mayor. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the office by this Charter, the ordinances of the City and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for the purpose of martial law. The Mayor shall study the operation of the City Government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department in the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Subd. 2. Vacancy in Office of Mayor. 1) Existence, Declaration. A va declared upon the same ground: in Section 2.05, subdivision 1 members. 2) Procedure Follo` Mayor, the presi Mayor is elected. that person's du one vote with r Council. If less following the vac assume the dutie remain in the ui Mayor, a special at which the dec] E Vacancv. tem in the office of Mayor shall be r the same procedure as provided -araphs (1) and (2) for Council [lowing a vacancy in the office of assume the duties of Mayor until a tem's duties shall be in addition to as uouncii member. aucn person snail nave only ect to all matters which are voted upon by the in 180 days remain in the unexpired term of office y in the office of Mayor, the president pro tem shall Mavor for the unexpired term. If 180 davs or more term called at the regular Council or at the next regular Council following the death or resignation of the Mayor, as the case may be, and the special election shall be held not less than 30 nor more than 60 days after the meeting at which the election is called. The election to fill the unexpired term shall be in accordance with the provisions of Section 4.03, except that there shall be no primary election and the candidate receivin-a the hiLyhest number of votes shall be elected to fill the unexpired term. JBD31491 RC160-1 3 04 The term of the person so elected shall start as soon as the declaration • of the results has been filed with the City Clerk and the person qualifies for office. II. Chapter Five of the Charter is amended in the following respects: A. By amending Section 5.02 to read as follows: Section 5.02. Expenditures by Petitioners. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from paying for legal advice and from incurring any expense not to exceed $200.09 $400.00 for stationery, copying, printing, and notarial fees. Any violation of the provisions of this section is a misdemeanor. 44 im 4982-20) 7-2G-42. B. By amending Section 5.19 to read as follows : Section 5.19. Form of Recall Ballot. The form of the ballot at such election shall be may • "Shall be recalled?" The name of the Council member whose recall is sought and his or her office shall be in blank. The electors shall be permitted to vote separately "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office. (Bill 1942-20) 7-26-42 C. By amending Section 5.20 to read as follows : Section 5.20. Procedure to Fill Vacancy. In the event that a Council member is recalled by the electors or resigns after a petition has been filed for his or her recall, the vacancy shall be filled in the following manner: If less than six months remain in the Council member's term of office at the time of the recall election or at the time of resignation in response to a recall petition, as the case may be, the vacancy shall be filled by the remaining members of the City Council for the unexpired term pursuant to Section 2.05. If six months or more remain in the Council member's term at the time of such recall or resignation, the Council shall call a special election to fill the vacancy for the balance of the Council member's term. Such election shall be called within ten (10) days after such recall or resignation, and the special election shall be held not less than thirty (30) nor more than fe-pt °-Ave (45) sixty (60) days after the meeting at which the election is called. Candidates to fill the unexpired term shall be nominated in the usual way and the election shall be conducted as far as possible in accordance with procedures in municipal elections except that there shall be no primary election and the candidate receiving the highest number of votes for the office shall be elected to fill the unexpired term. (Bill 19847-20-84 This 9-Fd' XfPP*i4;1tz 7A p-revisien-s of _A47-n-neseta Statutes, Seetien 410.12, SubQiyisien i D. By adding a new Section 5.21 to read as follows : JBD31491 RC160-1 4 r Q9 Sec. 5.21. The term of the candidate selected Sec. 2.03. This ordinance is effective ninety (90) days after its publication, provided that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 510 of the voters voting on the question of its adoption at the special election called by the Council for that purpose. Sec. 20.4. On the effective date of the Amendment the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and in the City Clerk's office, together with the certificate required by Section 410.11 of the Act. Martin J. Kirsch, Mayor • 11 ATTEST: Thomas Ferber, City Clerk JBD31491 RC160-1 5 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 116 • Agenda May 11, 1992 Issue Statement: Request for an amendment to the conditional use permit for the Parent-Infant Education Program at Lincoln Hills Center, 7440 Penn Avenue. Background: The Parent-Infant Education (PIE) Day Care Program provides a comprehensive service to high school aged parents and their children. Services provided include day care for children of the student parent while they attend class, transportation, and specialized parenting classes. 'In 1990, P.I.E. was granted approval to allow up to 25 children in two classrooms. The amendment would allow enrollment of up to 40 children by using one additional classroom. Recommended Motion: Approve the amendment to the conditional use permit for the Parent- Infant Education Program at Lincoln Hills Center, 7440 Penn Avenue. Basis of Recommendation: 1. On.April 28, 1992, the Planning Commission voted unanimously to recommend approval of the amendment. 2. The PIE program is compatible with other uses the building. 3. Adequate on-site parking is available for staff. 4. Adequate play area is provided on the site. The drop-off and pickup area would remain on the site close to the.building entrance. Day care hours would remain 7:30 a.m. to 4:00 p.m. on weekdays. No physical changes are proposed to the Lincoln Hills Center. Alternative Recommendation:. Deny the amendment to the conditional use permit with a finding of fact 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, May 11, 1992. The hearing will be held in the Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of public hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property. y, submitted, n U Prosser Jame City JDP:ds seating dlaswooms ooaapied G'leaaroOID, #3w on CLOGM AVALAaLE EXIT I I GATE' PLAY AREA I v? ui Z 2 W d -f D OP OFF -- e N N TI-1 TT1-I-I 111-11 111-11,11,11 J_ I ?I : C:I =U:1- Oka Racatnbnl 7440 Penn Avenue Parent-Infant Education Program ..?/` PLANNING NI ZONING ALI' O a V i? 0: W 4tio) T CA t 3 C w:;3 W L L O rT'a N 3 N O m 4) ca °~ C C V m J c?O (a D. y U 3 a? v c° m e c ac) E cm m Ncovc>orn W° w O a L CO C N }7, U O N a N N C Q Yogi ° O >.-0 SOt cc? c U U C Rf O O i = U O >, ca cts y a c0 Q w L '`° co a W y fl c O ca as N c w co co N N O :3 a L C > M Co p r N r CO D1 -Q O Rf Q U 'O C L CO N L co 2 0 N N to co O p` L 2 N O i U C y C L N Z; "ti 4 O C14 O '- U d 0 E 0 0 Z; 3? U N U y d N U ti t5 co U co N 2 V N LU y c E d ° c E y?? +i. 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(D (D C U l 0 N y ?- N ? = L y U C U V N (ten Q L ca p, C N c O cO L cO m cU « L v > O' y (D (D N a? j 5 y c i E o Z N 3 (A E O- C (CO C U y i c a C 9 y y O m +. Q E L 0 O m O CL 1. 4) C U U . O a O C y cti O G V O C U N ?- i s L O C O C v- I- co (0 ++ 7 ° O O y N Q ° L . i y c 3 c0 Q y U 7 +r y Q cn = > (O L d F- F- O too 0 0 C L C$ C ?. O L Q N 4- '? C Q co C ++ y V O O c0 it U C E y O y+Z)M? O Ca y CL O c M O N' CL M H a C c o m y c ca p E U t 0) 0 L .? Y cc M 'a -' CL 'd y O O 0= $10 0 w + 2.2 CM.0 cc w C O'a cp L" 0 (cc? O U M E c508' wGy? V O. 0 0-8 (,L N C *. O c D Rf cm> C cc -0 y a 0 r 4) (D V O?UL' ~ v++ L' ? 3 o a? 20L ??i c's?fn .0 a.? c'?.. a? rnO' U? (cO '?"9 _ a o E2 c o> 0 -0 IE 2 a. 5 a?av?.N° ? - O a ? Y y a LL ? 6 U W O ? 2 O Q N 0 O ? 0 O ? O 3 Y h = O m N I-- ca A 41 O N C y'p V O+L+Z-0.0 0 ? NL O C d= ca N C> U y NL p++ ?L U) mca'gEC'5acCL0 0 U o i d 0 0 (`q Z' N tO >, cO 0 CL 2 a .? m O '0 0 >,- 0 o c,ca o gyp. ?3 ?0 CL- (D 3: ,,C O y O y y? C O CL ? d LLI O O-= O m d Q U Cp N ? 4+ - C N Q d 3 C d C 0) (D tOu? pp y«. a? o a4. ri y? 0 O G y O O d+? UL 0 ?w ?° v=iA a9L s dy C CITY OF RICHFIELD, MINNESOTA Council Letter No.115. Agenda May 11, 1992 Issue Statement: Request for approval of a subdivision waiver at 7629-35 and 7639- 45 Logan Avenue. Background: Leaseback Properties Limited Partnership is requesting a subdivision waiver in order to divide 7629-35 and. 7639-45 Logan Avenue into two separate lots with a commercial building on each lot. Olson Tool Company occupied both buildings for several years and recently vacated the property. The 7629-35 building ,would be leased to Pioneer Tool Company with an option to purchase. The 7639-45 'building is currently offered for sale. Both buildings were designed for use as commercial/light manufacturing operations. The parcel is properly zoned C-2 and on-site parking is adequate. No physical changes will be made except to meet the noted stipulations. Variances have been granted allowing the lot configuration. Recommended Motion: Adopt the attached resolution approving a subdivision waiver at • 7629-35 and 7639-45 Logan Avenue with the following stipulations: 1. That it be demonstrated by the applicant that real estate taxes due and payable have been fully paid. 2. That the subdivision waiver herein granted will be subject to the easement for street purposes running in favor of the City of Richfield and recorded as Document No. 3186043 in the Office of the Registrar of Titles, Hennepin County. 3. That the Logan Avenue curb cut leading into the parking lot be widened to 26-32 feet pursuant to City Code. 4. That the parking areas be screened pursuant to the landscape requirements. 5. That a cash escrow be submitted for all required improvements. Basis of Recommendation: 1. Approval of the subdivision waiver will not interfere with the purposes of platting regulations of Section 500.05. • 2. On April 28, 1992, the Planning Commission voted unanimously to recommend approval of the division. 3. On May 4, 1992, the Hearing Examiner filed a decision to grant the necessary variances. 4. The subdivision waiver would allow separate ownership of the two buildings. 5. The required improvements would comply with City engineering and landscape requirements.- Alternative Recommendation: The City Council may deny this subdivision waiver if a finding of fact determines that this proposal would have an adverse impact. on adjacent properties. Discussion/Decision Mode: 'A public hearing is scheduled for 7:00 p.m:•on Monday, May 11, 1992. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of the hearing was mailed to property owners within 350 feet of the subject property. submitted, James W Prosser City M?nager JDP:ds E -7`7- RESOLUTION NO. RESOLUTION AUTHORIZING SUBDIVISION WAIVER (7629-35 AND 7639-45 LOGAN AVENUE) WHEREAS, an application has been received which requests parcels of land generally located at 7629-35 and 7639-45 Logan 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 request was duly considered by the Planning Commission and the recommendation of the Planning Commission has been presented to the City Council; and . WHEREAS, the City has fully considered the request for approval of the subdivision waiver; and WHEREAS, variances for the lots resulting from the proposed division have been granted by the Hearing Examiner; and WHEREAS, the Council finds that compliance with City Code Section 500.05, Subd. 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.05. 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 conditions: a. All future transfer of any of the property described in Attachment One shall be by parcel or parcels described in Attachment Two. b. The applicant shall demonstrate that real estate taxes due and payable have been fully paid. c. The subdivision waiver herein granted will be subject to the easement for street purposes running in favor of the City of Richfield and recorded as Document 3186043 in the Office of Registrar of Titles, Hennepin County. d. The Logan Avenue curb cut leading into the parking lot be widened to 26-32 feet pursuant to Section 800.13 of the Richfield City Code. I -3 e. The parking areas be screened pursuant to R'ichfield's Landscape requirements. f. A cash escrow be submitted for all required improvements. 2. Upon compliance with such conditions, 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 11th day of May, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 40 -1 - L4 0 ATTACHMENT ONE PROPERTY DESCRIPTION That part of the North 1/2 of the West 5 acres of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, lying South of the North 349 feet thereof, subject to the Right of Way of Logan Avenue South over the West 30 feet thereof and subject to the Right of Way of West 77th Street over the South 30 feet thereof. E I- ?5 ATTACHMENT TWO PROPERTY DESCRIPTION PARCEL A The North 110 feet of that part of the North 1/2 of the West 5 acres of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, lying South of the North 349 feet thereof, subject to the Right of Way of Logan Avenue South over the West 30 feet thereof. PARCEL B That part of the North 1/2 of the West 5 acres of the Southeast Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, lying South of the North 459 feet thereof, subject to the Right of Way of Logan Avenue South over the West 30 feet thereof and subject to the Right of Way of West 77th Street over the South 30 feet thereof. Landscape, to be added widen curb cut to 26 ' T .t m 4 00 I ?? I I I IA I I I I I PARCEL A area =14,946 sf PARCEL B a;;7-22,762 of West 77th Street R = location of security lights pr®p®asd aubdMal©n 7629-35 and 7639-45 Logan Avenue Division of parcel into two lots. Landscape screening to be added _ ?_ • • • •/M LPN M Vd w I/OVNi1/40 W !1 /1* ??. DoWNW9 WT , IT , ` tip, +..? e aRwrwr ,wr raw ME M lamb y _ y 7629-35 4 I i I 11 I? j x Parcel A A Italy l B P rc a e I 7639-45 s ,, ??• s 9 soma" i - t r w +79.p I w 77th ST. - Mgrew 9 +w,s K . YtINMM?N ?1t tt?O?N¦1/Lf bU?7{ i 1prOo po egad C hMMES 7629-35 and 7639-45 Logan Ave. Division of parcel into two lots with a commercial PLANNING buildin on each l t N ZONING g o . .J 0 CASE NO. 92-V-3 APPLICANT: Leaseback Properties Limited Partnership PROPERTY LOCATION: 7629-35 and 7639-45 Logan Avenue South HEARING EXAMINER: HEARING DATE: APPEARANCES: Vern Luettinger April 21, 1992 J. Michael Thornton Based upon the evidence presented at the hearing, the undersigned makes the following findings of fact, conclusions, and decisions. A. FINDINGS OF FACT: 1. Notice of public hearing was proper. Notice was published in the Sun-Current and mailed to property . owners within 350 feet of the site as required by City Ordinance. The ten day notice requirement was also met. 2. The legal description of the.property in question is as follows: That part of the north half of the west five acres of the southeast quarter of the southwest quarter lying south of the north 349 feet thereof excluding roads. 3. The zoning of the site in question is C-2, general commercial. 4. The variances requested are to allow the following: 7629-35 Logan: 1) A front yard setback of 21.66 feet, where the zoning requirement is 40 feet. 2) A rear yard setback of 14.11 feet, where the zoning requirement is.25 feet. 7639-45 Logan: 1) A front yard setback of 24.51 feet, where the zoning requirement.is 40 feet. 2) A rear yard setback'of 6.26 feet, where the zoning requirement is 25 feet. 5. The variances, in conjunction with a subdivision waiver, would allow separate ownership of the two buildings. The Urban Hometown Telephone (612) 861-9700 . Fax 861-9749 An Equal Opportunity Employer 6700 Portland Avenue - Richfield, Minnesota 55423-2599 City Manager . Mayor Council James D. Prosser Martin Kirsch William Bullock Michael Sandahl Ivan Ludeman Kristal Stokes Variance ReQuest B. DETERMINATIONS: Minnesota Statutes Section 462.357, subdivision 6, provides for the granting of variance to the literal provisions of the zoning regulations in instances where- their strict enforcement would cause undue hardship to the owners of the property under consideration. In determining whether to grant or deny the requested variance, I specifically make the following conclusions: 1. Would strict enforcement of the literal provisions of the ordinance cause undue hardship, because the property could not be reasonably used under the conditions of the official controls? I conclude: There is an undue hardship. Without the variances, the property could not be subdivided and the two buildings could not have separate ownership. 2. Are there unique circumstances or unusual conditions affecting the property or building which are not created by the land owner? I conclude: There are unique circumstances related to this property. Without the variances, the property would not be eligible for a subdivision. This conditional was not created by the applicant. 3. Will the granting of the variance alter the essential character of the neighborhood or locality? I conclude: There would be no adverse.impacts on the neighborhood. The building configuration has existed in harmony with the neighborhood for approximately 30 years. No physical changes will be made except to meet the noted stipulations. 4. Are there any stipulations which must be attached to the granting of the variance to ensure compliance and to protect adjacent properties? (If yes, specify stipulations under Item C "DECISION" on the next page). I conclude: Yes, see Item C. -7-9 4. A there any stipulations which must be attached to the r tin f the variance to ensure compliance and to protect ac t p op ies? (If yes, specify stipulations under I. em "DE ION" on the next page). I conclude: Yes, see Item C. C. DECISION Based upon the foregoing, the undersigned determines that the request be granted 46 Stipulations: 1. That the City Council grant approval of the request for a subdivision waiver. 2. That the parking area be screened pursuant to the landscape requirements. 3. That the Logan Avenue curb cut leading to the parking lot be widened to 26-32 feet pursuant to City Code. 4. That a cash escrow be provided for all required improvements. D. APPEALS Any party not in agreement with the decision of the Hearing Examiner may appeal the decision by delivering to the Community Development Director a notice of appeal within ten days of the date the decision is filed. The appeal shall be to the board of adjustments and appeals. Byron Wallace Community Development Director City of Richfield 6700 Portland Avenue South Richfield, MN 55423 (612) 861-9760 DATED : oz' Hearing*Examinel-f City of Richfield V I • CITY OF RICHFIELD, MINNESOTA Council Letter No. 114 Agenda May 11, 1992 Issue Statement: ' Public hearing and second reading of an ordinance amending the current swimming pool ordinance. Background: On April 13, 1992, the City Council conducted the first reading of an ordinance amendment that re-defines the City's health authority and gives the City the authority to charge a license fee for the inspection of all public swimming pools. Inspections have been conducted for several years on public swimming pools yet nothing was in place in the ordinance which authorized the City to collect a license fee to cover the cost of those inspections. The Bloomington inspection contract provides this service for which the City pays, yet currently receives no fees. The license fees for inspecting public swimming pools has been reflected in Appendix D. Also, several areas of the ordinance were removed inadvertently when the ordinances were recodified in July 1987. This primarily affected a portion of the ordinance that dealt with health and safety issues. Recommended Motion: Conduct the public hearing and second reading of an ordinance amending Section 420, "Swimming Pools." Basis of Recommendation: 1. This amendment would provide a clear definition of the City's health authority and give the City the authority to charge a license fee for the inspection of all public swimming pools. Alternative Recommendation: 1. The Council could decide not to take any action. Discussion/Decision Mode: The public hearing and second reading of an ordinance amending Section 420, "Swimming Pools" is presented for Council consideration at this time. Respectfully submitted, Jam s D. Prosser Cit Manager JDP:ds (,1 E RESOLUTION NO. RESOLUTION AMENDING CERTAIN PROVISIONS OF RESOLUTION 7839 ENTITLED "RESOLUTION ESTABLISHING 1992 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD RESCINDING RESOLUTION NO. 7812" BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 2 be amended by adding new paragraphs (3a) to read as follows: Type of Permit or License Section Requiring Fee (3a) Public Swimming Pool Inspection 420.10 1st Pool $85 Each Additional $45 Passed by the City Council of the City of Richfield, Minnesota, this 11th day of May, 1992. ATTEST: Thomas Ferber, City Clerk Martin J. Kirsch, Mayor 0 (chcd le4-4e4 Atal Richfield City Code 420.01 • SAntinn 420 - Pr4syg A sSwimming pools. 420.01. Definitions. Subdivision 1. For purposes of this section, the terms defined in this subsection have the meanings given them. Subd. 2. "Swimming pool" means-a-eenstrueted-gees--used-fer swi iPFliRg-er-bathing gnnv ctrilntijrP hasi n nhamhPr nr t-ank rPCrParinnai hatbin-, over 24 inches in depth, or with a surface area exceeding 150 square feet: tree-teit-epees-Diet-ir?eltlde-gtlblie e?-sel'?ipt?b?ie-s?aix?i?ii?g-gees-?egt??ated-by-seetier?-489- Subd. 3. "Private _ecidAntial swimming pool" or "swimming pool" means a constructed pool which is used, or intended to be used, as a swimming pool in connection with a single family residence, available only to the family of the householder and the private guests of the household. Ruhd_ 4_ "Puhlir awimmi nnl" m ans an Gwimmi nnl tether than a nriva+o rPGidAn+iGwimminq =nnl intPndari to hc? • iIc d nn11ectively hV numharc of nPrGnn? fnr Gwimminq nr hathinrr operated by anv nPrann aG defined hArain whether hp he nwnmr, 1PGGAP_ aneratnr_ linAnCGA nr nnnnoccinnnjrP rp prdlACC of whPth Lr a fAP i c n.har rl fnr Gvrh 1?GP Subd. 45. "Director" means the director of public safety. Subd. 55. "Construction" includes alteration, addition to, improvement or remodeling. 420.03. Cnnctruntinn Prmitc_ Before work is commenced on the construction, of a swimming pool, three sets of identical plans and specifications and pertinent explanatory data shall be submitted to the director for approval relative to design, operation and maintenance insofar as health and safety features are concerned in accordance with this section, as evidenced. by a suitable endorsement upon su-h plans and specifications. Approval by the building offcial shall not pertain to design for structural stability. The building official shall not issue a permit for a swimming pool until the plans and specifications therefor have been endorsed by the director. 420.05. ,AnDl_ination• nnntAn+;_, The application for a permit to construct a swimming pool shall be submitted in such forms and be supported with such information and data, as well as plans, specifications and pertinent explanatory data as required by the director. 420.07.' Plan?_ Plans, specifications and pertinent explanatory data required to be submitted in connection with an application for a permit to construct a swimming pool shall comply with the following requirements and include the following plans and information as well as such other data as may be reasonably required by the director. The plans shall contain at a minimum the following: (a) The general layout of the building lot on which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewer and sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of contamination within 50 feet of the pool and be drawn to a scale of not smaller than one-fourth inch equals one foot, thus indicating all dimensions, including the effective length, width and depth of the pool deck and similar items; (b) cross-sectional views of the pool; (c) a cross-section of scum gutters or skimmers; (d) pipe diagrams showing material and size of all pipes, inlets, outlets, make-up water lines, vacuum lines, waste and discharge lines, circulation and other piping; • (e) the pool equipment layout, showing filters, their location, pumps, chlorinators, chemical feeders, flow meter gauges, sight glass, strainers, hair and lint interceptors, if one is proposed, the dimensions of filter room, its location, floor drain, sumps and other pertinent information; (f) the liquid capacity of the pool; (g) the kind, number and size of filters, including the square footage of the filter area in each unit; (h) rated capacity of the filter in gallons per minute; (i) the type, kind and description of chlorinator; (j) the type and range of testing equipment, including chlorine; and (k) source of water supply. 420.09. ApprnyAd p ana Swimming pools, appurtenances, water supply and drainage system and other features shall be constructed in conformity with the approved plans. If deviations from the approved plans are desired a supplementary plan covering • that portion of the work involved shall be filed for approval and shall conform to the provisions of this section. 420. 11. --PAPm*is- ?PPQ___?he_fee-fei?-a-Z9ei°Rit-fei -t?'le-ee?stxetex ef-a-swRifRAg-}9e6?-s-set-bp-a?9ge8e1-B- Electric at Rp =li i r mpnta (h ) Nn en1rrpnt rarrrjnCj p1 prtri ca rnndtirtnra ahal 1 rrnaa rpsi dpnti al awi mmi na nnnl n nypncPari nr be i natal 1 pa vnrleres?r»nrl i_n ftppn ( 1 5 ) fppt of atirh nnnl a =Qyi dprl that th fi ftopr+ 115 ) fnnt apnarati nn aha 1 1 not ap.D13Z to wi ri na to nnnl 1 hti nc-r nr ar.npaanri pc 420.13. xpnt?pra_ Gas fired swimming pool heaters and swimming pool boilers shall bear the American gas association seal of approval. Oil burning equipment shall bear the underwriters' seal of approval. 420.15. water sWater supplies serving swimming pools shall be of a safe sanitary quality or otherwise acceptable to the director. The installation of the pool water supply piping and connection to the source of the supply shall be under the supervision of a licensed plumber. 420.17. TPA- All pool piping and the installation and construction of the pool piping system shall be in accordance with the approved plans. The entire pool piping system shall be tested with an air test of 50 psi and proved tight before covering or concealing. 420.19. rh_minal trPatmPnt Gaseous chlorination systems may not be used as a disinfection method of pool water. Residential swimming pools should meet the following standards: (a) Free nhlnrinP_ The free chlorine content should be maintained between five-tenths (0.5) and one (1.0) parts per million. (High-free residual chlorine may be used.) (b) Alkalinity The pH level of between seven and one- tenth (7.1) and seven and eight-tenths (7.8) should be maintained. (A higher pH is permitted if high-free residual chlorination is used.) (c) Rani-Prinlnaina1 clunlit-y A sample of swimming pool water shall be considered satisfactory when the total bacteria count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organism of the E. soli group are present in a 10 milliliter portion or 100 milliliter portion as determined by the membrane filter method. If more than one such sample out of • seven collected on different dates is unsatisfactory, the bacterial quality of the pool water will be considered unsatisfactory. Procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, sewage and Industrial Waste, 11th Edition (1960). (h) Nn narnnn nwni na nr nogr_ati n; an nutdnnr awi mmi ncr nnl shall uaP nneratP_ nr alTnw the usn of aunh awimminq gnol unl as Such- =nnl nomnliPS with thin aPntinn • 420.21. ?`A P. _? pp.AH 3 AtAO_ Health and safAt ? Subdivisien-} AmaArtr*a?LAp?---A-skit led-swimmer-shall-be-present-air-all-times sw?m?n#ag-geed-#s-?a-t?se- Stibd--2---?H}}?Pr??---A-swi?n?Ag-geed-ska? ?-be-egt?igged-w#tk ewe-e?-tne?e-tl??ew#ag-??ag-btseys-net-tae?e-tl?aa- ? 5 -?ael?es-tea eliamete?-sad-ka?3:Ag-68-feel:-of-3-? f 8-?6-iael?-ma???a-?iae attaekeel; -anel-eae-e?-ate?e-??gl?t-btit-st?eAg-gees-w?tl?-b?tiateel exels-aid-set-less-tkaa-?2-feet-ix-?eagi:k-few-?ak?ng-?eaek-assists er-resettes- fat Nn nersnn havina a nnmmuninahlp disease shall hP smnl_oved at wnrk ni- a p uhl in swi mmi n g nnnl Al l p atrnns nr swimmers sus=AntPd of ha7inci an infP tinua disease shall hP Pxnluded_ (h) AnnrnnriatP fnnilii'iPP shall h nrnyidnd for the safety of hathers As may he reauirtzd hV the HPaith Authnrit3Z Thies steal 1 i nnltldP 1 i fesami ncl Pqui m= Pnt? aafPtVPyi c-asy l i fPh?1nMS=_ lifehnnks fir-q+--aid kits,-, tP1 P-13hnnP with adequate staff t3uri ncT swimmer =Arinds who -A nmmp tent in lifPSayina and artifinial rPSUSCitai-inn_ rnmppi-pnt 1 i fAg1iardc shal l hP nn duty dicer, al l swimmina_nArinds when sn ordtrAcl by the Health nffirer or when a usA fAP is nhnraPCl . (c ) F.yATV swi mmi n ool shal l he under the si1I)e =i si nn of a nanahl P i ndi vi dual whn shat l asalimP i-hP r spnn-gi hi l i i-V fnr nmmpl i annA wi th al l Harts of thi s s nti on rPl Ai-i nct to p_nnl onerai-i on and mai nt.P a cp and safety of hathArs ( d ) When the swimming =unnl i s not nptmn fnr use ann ss to the = nnl shat 1 he pypvpnte (A) Nnt more than the maximum dASian hnther load shall hP permittAd in th. swimmina ponl at any nnP time 420_.2_ Tnsnentfnn_ ThP Health Authnvity is authnrizorl to nnndunt ins Pn c--tinns of ntlhlin swimmina pnnic as ii- dPPms nP PssarV to insure nnmpliannP with all nrnyisinns of this nrdinanno and shall hnyp i ht of Antry at any rPasnnahlP hnurr to the swimming nnnl fnr this ulr 420.23. nthPr dASign and P=uiinmeni- A swimming pool, the design and equipment of which incorporate features other than those set forth in this section, shall be subject to review and approval of the director in accordance with acceptable standards and in conformance with current public health and safety practices. 420_24_ nperatinn_ (a) The nu ns filter, disinfpntant and nh minAi fAAdPra and_rPInted apnurtAnannPS shall hP k pot in npPration nt all times r? u F CITY OF RICHFIELD; MINNESOTA Council Letter No. 113 Agenda May 11, 1991 Issue Statement: Award of contract for a five unit fairway mower. Background: In 1991, $44,000 was budgeted to replace a fully depreciated seven gang fairway mower with two smaller, lightweight fairway mowers. The first replacement mower was purchased in June 1991. In the late fall of that year, staff was informed. by the mower manufacturer that some new electronic control improvements were being.tested for,,these_machines, but would not be available until 1992 The decision was made to postpone the purchase of the second machine until now. Four vendors requested specifications; only one bid was received. At the time the specifications were written and distributed, the Minnesota Legislature had not yet decided on the sales tax for municipalities issue. Vendors were asked to supply the base price as well as the total cost with sales tax. A formal bid opening was held on Friday, May 1 with the following results: M.T.I. Distributing Company $26,895.00 Price with 6.5% sales tax $28,643.18 Recommended Motion: Accept the bid minutes/tabulation and award a contract to M.T.I. Distributing Company in the amount of $26,895 for a new fairway mower. Basis of Recommendation: 1. Approving this purchase at this time will allow us to take delivery on this mower before June 1, 1992. This will save $1748.18 in sales tax. 2. This piece of equipment has been tested extensively at the golf course, and staff feels it is the best mower for our needs. 3. The 1992 Motor Pool Budget contains adequate funds for the purchase. Alternative Recommendation: Council could choose to reject the bid received and instruct staff to re-bid; however, staff does not believe a better price on this equipment can be received at this time. 0 5F- i Discussion/Decision Mode: i Staff is requesting approval at the May 11, 1992 Council meeting in order to facilitate delivery of this piece of equipment. Respectfully submitted, James Prosser City Manager JDP:ds Attachment 0 9 CITY OF RICHFIELD, MINNESOTA Bid Opening May 1, 1992 11:00 A.M. One (1) New Five-Unit Hydraulic Fairway Mower Bid No. 92-4 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 one new five-unit hydraulic fairway mower, bid no. 92-4, as advertised in the official newspaper on April 22, 1992. Present: Thomas Ferber, City Clerk Donald Fondrick, Community Services Director Doris Swanson, City Manager Representative 0 The following bids were submitted and read aloud: VENDOR BID ; TOTAL ; SECURITY MTI Distributing ; 5% Bid Bond ; $26,895.00 ; ;with 6.5 tax:; $28,643.18 ; The City Clerk announced that the bids would be tabulated and considered at the May 11, 1992 City Council Meeting. Thomas P. Ferber City Clerk • • CITY. OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda May 11, 1992 Issue Statement: Purchase of mowers for Rich Acres Golf Course in excess of $5,000. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. One fully depreciated greensmower purchased in 1986 (Unit #35) _. and onefull.y depreciated groundsmaster purchased in 1986 (Unit #38) by the Golf Course are scheduled to be replaced in 1992. Staff solicited quotations in an informal bidding process, including trade-in prices on a 1986 Toro GM300 Greensmaster and a 1986 Toro Groundsmaster 322D Rotary, respectively. Greensmaster 0 • Erv's Lawn Mower Repair Less Trade-In Total Wayzata Lawn Mower Less Trade-In of 1986 Toro GM300 Total North Star Turf, Inc. Less Trade-In Total $11,000 (1,000) $10,000 $11,100 (1,500) $9,600 $10,850 (1,500) $9,350 Groundsmaster $12,340 (2,000) $10,340 $12,350 (2,000) $10,350 No Bid MTI Distributing Co. $10,700 $12,108 Less Trade-In of 1986 Toro GM300 (2,400) (2,900) Total $8,300 $9,208 The approved 1992 Central Garage budget contains $20,000 for these purchases. Recommended Motion: Approve purchase orders to MTI Distributing, Inc. for a total of $8,300 for the Toro Greensmaster 3000, and $9,208' for the Toro Groundsmaster 325D Rotary. Basis of Recommendation: 1. The four mowers presently owned by the Golf Course are Toro brand, and parts would be interchangeable with the new machines. 2. There is adequate funding in the approved 1992 motor pool budget. 5E-1 . 3. Approving the purchase orders at this time will allow delivery of the units before June 1, 1992. This would save $1138 in sales tax on these,machines. Alternative Recommendation: Council may choose to reject all quotations and instruct staff to obtain new quotations. Discussion/Decision Mode: This item is on the May 11, 1992 consent calendar. Staff is requesting approval at this time in order to facilitate timely delivery of the unit. Respe lly submitted,. James D Prosser City M nager JDP:ds 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 111 Agenda May 11, 1992 Issue Statement: Purchase in excess of $5,000 for phase two of the playfeatures at Taft Park. Background The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. In 1991, Council authorized City Project 870 to replace the playfeatures at Taft Park. Phase'One was completed in 1991. That equipment was designed for children in the 6 to 14 year age bracket. Phase Two equipment is designed for 3 to 5 year olds. It is downsized in terms of step heights and deck heights, but uses the same quality powder coated metal and rotationally molded plastic components as the equipment for older ages. Staff requested quotes based on a general design from four playfeature equipment companies or representatives. Quotes were requested on playfeature components, installation and resilient surfacing for compliance with the Consumer Product Safety • Commission and Americans with Disabilities Act. Three responded. They were: 1. Earl F. Andersen, Inc. Playfeature $8,565.00 Installation 1,237.65 Surface 679.40 Total $10,482.05! 2. Value Recreation, Inc. Playfeature with surface $11,591.00 Installation 1,600.00 Total $13,191.05 3. Flanagan Sales, Inc. Playfeature $7,850.00 Installation 2,485.00 Surface 1,405.00 Installation 580.00 Total $12,330.00 Recommended Motion: Approve the purchase of playfeature components with installation and resilient play surface from Earl F. Andersen, Inc. in the amount of $10,482.05. Basis of Recommendation: 1. Earl F. Andersen, Inc. is a reputable supplier and installer of playfeature equipment, and submitted the lowest quote. 5D-1 2. The equipment is the from the same manufacturer as Phase One which was installed in 1991. This guarantees colors will match Phase One. 3. There are sufficient funds in the 1992 budget. Alternative Recommendation: 1. Council could decide not to purchase the playfeature at this time. Staff feels these prices are better than could be obtained later. Waiting longer could result in sales tax taking effect prior to purchase. 2. Council could choose not to complete Phase Two. .Discussion/Decision Mode: This 'item is scheduled for'the'May 11,'1992, regular City Council meeting. Staff is asking for approval at this time so that the equipment can be ordered and installed this spring. Respectfully submitted, James Prosser City nager 0 JDP:ds 15c- CITY OF RICHFIELD, MINNESOTA Council Letter No.110 • Agenda May 11, 1992 Issue Statement: Purchase of seasonal street maintenance supplies in excess of $5,000. 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. Each year, the Street Maintenance Division purchases asphalt and tar to use in the general street maintenance operation. The --materials are used for cracksealing:and patching' throughout the summer months. Staff received two informal quotes from suppliers as listed below: Estimated Ccmmercial Bituminous Quantity Asphalt Co. Roadwav 41B Mix 300 ton 18.00/Ton $5,400 18.00/Tan $5,400 41A (Driveway Mix) 100 ton 18.80/Ton $1,880 19.00/Tan $1,900 SSI Tack 200 gal. 4.00/Gal. $ 800 4.00/Gal. 800 Estimated Total $8,080 $8,100 • The 1989 purchase price for this material was $7,926; the 1990 price was.$7,910, and the 1991 price was $8,213. The supplier for the past three years was Commercial Asphalt Company. Recommended Motion: Approve a master purchase order for the purchase of these materials from Commercial Asphalt Company in the amount of $8,080. Basis of Recommendation: 1. Commercial Asphalt Company submitted the low quotation, and they have provided a quality product for the City for the past three years. 2. The materials are needed for the summer street maintenance operation. Alternative Recommendation: None. Discussion/Decision Mode: This item appears on the May 11, 1992 regular City Council meeting consent calendar. Respectfu ly submitted, • James Prosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No.109 . Agenda May ll, 1992 Issue Statement: Conditional approval of the 1992-93 labor contract for the International Association of Firefighters Local 1215. Background: City staff has completed negotiations with the International Association of Firefighters Local 1215 on a labor agreement for the years 1992 and 1993 subject to City Council approval. The bargaining unit is represented by the International Association of Firefighters to the statewide organization. Local 1215 represents the positions of Firefighters, Fire Lieutenants and Fire Captains. e There :are presently 24 employees represented-within-this unit. The 1992-1993 contract is a two-year agreement. The following issues were negotiated between the representatives of Local 1215 and the City: 1. SALARIES The parties agreed to a 1992 settlement which includes a January 1, 1992 salary increase of 2% across the board and a July 1, 1992 salary increase of 1% across the board. The parties also agreed to a January 1, 1993 salary increase of 3% across the • board. 2. EMPLOYER'S INSURANCE CONTRIBUTION The parties agreed that the maximum employer's contribution for health insurance be increased to $260 per month per employee, effective March 1, 1992 and to $285 per month per employee effective January 1, 1993. This is comparable to other employee groups for 1992. The parties also agreed that the employer's contribution for dental insurance be set at $20.00 per month per employee for individual coverage for 1992; this is identical to what other employee groups within the City receive. The parties also agreed that the employer's contribution for dental insurance for 1993 be set at $22.00 per month per employee for individual coverage. 3. CLOTHING ALLOWANCE The parties agreed that the employer increase the annual clothing allowance from $325 to a maximum of $335 per year for 1992 and to a 'maximum of $345 per year for 1993. 4. DISABILITY RESERVE The parties agreed to modify the disability reserve benefit. The accrual of disability reserve hours was changed from 4.61 • hours per pay period to 4.00 hours per pay period. In addition, employees who accrue the 4.00 hours of disability reserve will now also accrue 0.61 hours per pay period to be put into a cash bank. The entire cash bank will accrue for eligible employees until the end of the year and then be paid to the employee in a lump sum. 5. SELECTIVE CALL BACK The parties agreed to selective call back language for employees • who arrive at a fire station within ten minutes. 6. PERSONAL LEAVE, SHORT-TERM DISABILITY/LONG-TERM DISABILITY The parties agreed to discuss a Personnel Leave, Short-term Disability/Long-term Disability and Bereavement Leave package for new employees during 1993. If a program is structured out of those discussions, it would likely be applicable only to employees hired after the date of the program's implementation, replacing Sick Leave for those employees. No other changes in the bargaining agreement were negotiated. Overall, the package negotiated by the City and Local 1215 is comparable to other settlements for City employee groups for 1992. The°attached resolution provdes'for,;Council: ratification of the agreement and the contract is signed by the Firefighters. Recommended Motion: It is recommended that the City Council approve the labor agreement with the International Association of Firefighters Local 1215 for the years 1992 and 1993. Basis of Recommendation: 1. The City and Local 1215 have negotiated a settlement for all of the issues contained in the bargaining agreement. for he t . 2. The proposed agreement provides for economic benefits labor unit and provides some flexibility in the area of call backs, which has been a concern to both parties. 4. The agreement appears to be a fair and equitable settlement for both Local 1215 and the City. Alternative Recommendation: 1. The City could elect not to approve the 1992-1993 labor agreement, resulting in additional bargaining and/or binding arbitration. 2. The City Council could defer ratification of the contract to a future meeting. However, that would delay processing back pay to individuals in the unit. Discussion/Decision Mode: In order to allow the City's accounting personnel to modify payroll records.in a timely manner and to proceed to process the year of 1992 to date for wages and benefit changes included in the contract referenced herein, it is recommended that the City Council act on May 11, 1992 to adopt the attached resolution providing for contract changes and implementation effective January 1, 1992. ly submitted, RespeID.rosser James City Manager JDP:ds SE)-2- 0 • RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215 BARGAINING UNIT FOR THE YEARS 1992 and 1993 WHEREAS, the International Association of Firefighters Local 1215 have reached an understanding concerning hours and other conditions of employment for the years 1992 and 1993; and WHEREAS, it is appropriate to proceed with the establishment of a labor agreement with the International Association of Firefighters Local 1215 who have negotiated in good faith; and WHEREAS, the Personnel Ordinance requires that contracts between the City and an exclusive representative of the employee's in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield does hereby approve the labor agreement between the City of Richfield and the International Association of Firefighters Local 1215 for the years 1992 and 1993 under the provisions of the labor agreement implemented effective January 1, 1992 upon the completion of a signed agreement by both parties. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of May, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk ?A CITY OF RICHFIELD, MINNESOTA Council Letter No.108 Agenda May 11, 1992 Issue Statement: Approval of a resolution amending the,1991 General Fund Budget. Background: On October 28, 1991, the City Council gave final approval of the consolidation of the Richfield Police Relief Association with PERA Police and Fire Fund. The process had been initiated in 1990 and had been progressing through necessary statutory procedures along with awaiting pending state legislation modifying the benefit structure. After the consolidation was approved, final calculations were made by PERA for consolidation as of December 31, 1991. At the conclusion of that process, the City was billed a lump sum payable with consolidation. This payment represented an accrued actuarial liability for prior years up to the point of consolidation. The actual amount due, $290,000, was substantially less than the amount presented to the City Council with the consolidation figures in October. Instead of having to use fund balance to pay for this unbudgeted expenditure obligation, City staff was able to use current year funds from several departments, including Public Safety, to make the payment. With the unbudgeted payment in 1991 to PERA of • $290,000 the Public Safety Department budget reflects an over expenditure of $137,037. Funds from the Community Services, Community Development and Legislative/Executive Departments will be transferred to Public Safety to balance the individual departments. The City Charter provides that the City Council must appropriate monies for operations of the City on a departmental level basis. During the course of the year, the City Council usually amends the operating budget at least once. This is referred to as the Revised Budget. The actuarial based adjustment paid to PERA for the merger of the Richfield Police Relief Association into the PERA Police and Fire Fund which was paid in December 1991 reflects a departmental expenditure in the Public Safety Department. This cost must now be reflected in a revised budget to balance the department expenditures. Summary Expenditures Public Safety Increase: Police $140,000 Decrease: Community Development $ 35,000 is Community Services $ 35,000 Legislative/Executive $ 70,000 $140,000 Net Change to General Fund -0- 5A-1 Recommended Motion: That the City Manager be authorized to amend the 1991 General • Fund budget by authorization of a transfer of appropriations from the Legislative/Executive, Community Development and Community Services Department budgets to the Public Safety budget as described. Basis for Recommendation: 1. City Charter provides that the City Council must appropriate funds for department level of spending. 2. The transfer does not affect the annual General Fund Budget. Instead it provides that no department end the fiscal year overspent. 3. The exact amount for the pre-approved expenditure for consolidation of the Police` Relief Association was not known until year end 1991. 4. The expenditure for consolidation represents an accumulated actuarial underfunding from prior years and is due upon. consolidation. Alternative Recommendation: None. Discussion/Decision Mode: • In order to allow the City's accounting personnel to finalize the 1991 Annual Financial Report, it is recommended that the City Council act on May 11, 1992, to adopt the attached resolution authorizing revision of 1991 General Fund Budget. Res, p t lly submitted, Jam s D. Prosser Cit Manager JDP:ds 0 ,5 A -Z • RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 1991 BUDGETS OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 7683 appropriated funds for personal services., and other expenses and capital outlays for each department of the City for the year 1991; and WHEREAS, Resolution No. 7805 authorized revision of the 1991 budget of various departments; and WHEREAS,,the City Manager has requested a revision of the 1991 budget appropriations in accordance with Charter provisions. „NOW,?THEREFORE, BE IT'RESOLVED by the City' Council of the City of Richfield, Minnesota as follows: Expenditures Public Safety Increase: Police $140,000 Decrease: Community Development $ 35,000 Community Services $ 35,000 Legislative/Executive $ 70,000 $140, 000 0 Net Change to General Fund -0- Passed by the City Council of the City of Richfield this 11th day of May 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 CITY OF RICHFIELD, MINNESOTA MONDAY, MAY 11, 1992 LOCAL BOARD OF REVIEW 6:00 P.M. COUNCIL CHAMBERS CALL TO ORDER I. RECONVENING OF THE 1992 LOCAL BOARD OF REVIEW COUNCIL LETTER NO. 107 ADJOURNMENT n LJ 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 107 Agenda May 11, 1992 Issue Statement: Reconvening of the 1992 Board of Review. Background: On April 29, 1992, the 1992 Board of Review was continued to 6:00 p.m. May 11, 1992. The continuance was to provide staff an opportunity to prepare additional information on five appeals presented on the evening of April 29. The Board directed Hennepin County Principal Property Appraiser, Larry Miller, to prepare additional background before May 11. Since the April 29 meeting, one appellant has decided to withdraw his appeal and settle on the Assessor's Estimated Market Value. Recommended Motion: Reconvene the Board of Review at 6:00 p.m. May 11, 1992 and take action based on the information presented at the hearing. Basis for Recommendation: 1. Reconvening of the Board has been scheduled publicly at the April 29 meeting. is 2. Information needed for the Board to make a determination on the remaining appeals will be available at or prior to the hearing. 3. The Board of Review must conclude its business within 20 days of April 29, 1992. Alternative Recommendation: None. Discussion/Decision Mode: It would be desirable to conclude the proceedings of the Board of Review on May 11, 1992. Res y submitted, Jam Prosser City anager JDP:ds LI AGENDA Reconvened Local Board of Review 1992 EMV Recommendation 0 1. Ray Tharp 2210 West 66th Street $ 9,800 No Change 28-028-24-23-0019 6529 Penn Avenue South 150,300 $132,800 28-028-24-23-0021 2. Martin Schroepfer 7632 Logan Avenue South 103,500 100,000 33-028-24-33-0018 3. Seber Kleven 6930 James Avenue South 130,500 No Change 28-028-24-34-0161 4. Spencer Jurrens 7021 Chicago Avenue South 79,200 Cancelled 35-028-24-21-0050 5. Ken Kuk 7040 Cedar Avenue South 198,000 185,000 35-028-24-11-0011 7108 Cedar Avenue South 198,000 185,000 35-028-24-11-0014 40 • i i I 6529 Penn Avenue South ?- 41 28-028-24-23-0021 1992 Estimated Market Value $150,300 1992 Recommended Market Value $132,800 Penn Avenue Motors Used Car Sales - Originally Arby's Restaurant - Year Built 1969 - 1,518 Sq. Ft. GBA Land Size - 20,519 Sq. Ft. 2210 West 66th Street 28-028-24-23-0019 2,460 Sq. Ft, Land Only 1992 Estimated Market Value $9,800 1992 Recommended Market Value $9,800 (Alley access to above parcel) 1 Sales Comparison Analysis 9 Comparable Land Sales Fact Chart Address Date Subject 6529 Penn Ave. S. 1 345 E. 77th St. 10/90 2 8100 Pillsbury Av. 11/90 3 110 W. 98th St. 3/89 Sale Lot Price Zoning Size Ind. 20,519 SF $217,500 Comm. 36,155 SF $80,000 Ind. 13,373 SF $335,000 Comm. 45,902 SF Adj. Use $/SF $/SF Auto Sales Credit Union $6.00 $5.52 $5.98 $5.14 Big Wheel $7.30 $5.55 With most weight placed on sales #1 and #3, it is my opinion that the subject has an estimated value of $5.50 per sq. ft. of land size by the Sales Comparison Analysis. Income Approach • The income approach was considered but not used because of limited income and expense information on comparable properties. 20,519 Sq. Ft. @ $5.50 Sq. Ft. _ $112,854 Say $112,800 Estimated Value of Improvements $20,000 Total Value of Subject at 6529 Penn Av. $1.32,800 Value of Subject at 2210 West 66th Street 2,460 Sq. Ft. @ $4.00 Sq. Ft. _ $9,800 ? 0 Z SUBJECT PROPERTY( Address 7632 Logan Avenue South PID 33-028-24-33-0018 Story Height 1 Story Baths 2 Full 1st Floor Area 1768 SQ. Ft. } Baths 0 Gross Building Area 1768 Sq. Ft. Finished Basement 350 Sq. Ft. Year Built 1962 Walkout No Condition Average Fireplace No 1st Floor Rooms 2 Living rooms, Air Conditioning No 2 kitchens, 4 bedrooms Garage 2 car detached 2nd Floor Rooms 0 Porches/Deck 240 sq. ft. screen porch Bedrooms Lot Size 73 X 133 Comments: 3 GRID - COMPARABLE DATA APPLICANT'S.NAME: Martin Schroepfer ADORESS: 7632 Logan Avenue South • PROPERTY ADDRESS: 7632-34 Logan Avenue South P.I.D. 4: 33-028-24-33-0018 MUNIC: Richfield SUBJECT 7643-45 7639-41 7112-1.4 7625-27 PROPERTY Newton COMP T1 Morgan COMP #2 Elliot. COMP 43 Portland COMP OF BLDG.: TYPE Double Double Double Double Double STORY STORY HEIGHT: Bungalow Bungalow Bungalow Bungalow Bungalow 1 1 t t 1ST FLOOR AREA: 1768 1696 1688 1970 t 1624 GROSS B0G. AREA: 1768 1696 1688 1970 1624 YR. OF CONS-.: 1962 1966 1964 1954 1956 CONCITiON: Average Good Average Average Average 1S7 FL. ROOMS: 8 8 8 8 8 2NO FL. ROOMS: 0 0 0 0 0 BE_'ROCMS: 4 4 4 4 4 8A_^S : 2 2, 3 /4 2 2 2 HALF 31,114S: 0 0 0 0 0 FIN. BSMT. SQ.7 .. . 350 850 500 No 325 WALKOUT: No No No No No F7EFLACE' . No No No N o No AIR CONO: No Yes Yes No Yes GARAGE AREA: 440 Det. 672-Det. 484 Det. 440 Det. 560 Det. PORCH AREA: 240 S.P. No No No No LOT SIZE: 75xt33 75x133 75x133 82x131 85x124 COMPS-SALE DATA: SALE DATE 11/89 2/90 2/91 3/92 SALE PRICE 105,000 115,500 116,150 110,000 SALE/SQ.FT. 61.91 68.42 58.95 67.73 SUBJECT - ASSESSMENT DATA 1002 ASSESSMENT 103,500 ASSES SMENT/SQ.ri. 58.54 Recommendation: 100,000 56.56 i COMPARABLE #1 7643-45 Newton Avenue South is COMPARABLE.#2 7639-41 Morgan Avenue South • COMPARABLE #3 7112-14 Elliot Avenue South COMPARABLE #4 7625-27 Portland Avenue South S 0 CONCLUSION The subject is located in the 7600 block of Logan Avenue South. Logan Avenue slopes from 76th Street down to 77th Street. Additionally, the subject site slopes from the street to the rear. The lowest point is at the southwest corner of the site where the garage is located. This low elevation primarily affects the use of the garage during times of unusually heavy rain or rapid melting of accumulated snowfall. In the event of unusually heavy rain, there could be some seepage of water into the basement of the structure. According to the owner, there was some water in the basement during the heavy rains that occurred in 1987 and also in 1990. No apparent water damage was noted at the time of inspection. Based upon the comparable properties, it is my opinion that the estimated market value of the subject property, without drainage problems, is $110,000. I have estimated the loss in value from the drainage problems to be $10,000. My final opinion of value for January 2, 1992 is $100,000 ($110,000 - $10,000= $100,000). Crai Lone Appraiser 0 0 SUBJECT PROPERTY Address 6930 James Avenue South PID 28-028-24-34-0161 Story Height 1 Story Baths 2 1st Floor Area 1302 Sa. Ft. Baths 1 Gross Building Area 1302 Sq. Ft. Finished Basement 1000 Sq. Ft. Year Built 1989 Condition Good 1st Floor Rooms Living room, dining room, kitchen, 1 bedroom 2nd Floor Rooms 0 Walkout No Fireplace No Air Conditioning Yes Garage 2 car attached Porches/Deck 192 sq. ft. deck Lot Size 50 x 135 Bedrooms Recommendation: No chanap Comments: Two bedrooms in lower level- Sold 11/88 $143,625 0 7 GRID - COMPARABLE DATA APPLICANT'S NAME: ADDRESS: OPROPERTY ADDRESS: P.I.O. 4: MUNTC: TYPE OF BLDG.: STORY HEIGHT: 1S7 FLOOR AREA: CROSS BLOC. AREA: YR. OF CONST.. CONDITION: iST FL. ROOMS: 2NO F?. ROOMS: BE-ROCMS: BA-4 r.S : HAL = 3A.7;, ,S FIN. BSMT. SQ. WALKOUT: FIRE-- LA CZ . AIR CONO: GARAGE AREA: PORCH AREA: L07 SIZE: COMPS-SALE DATA Split Level 1302 1302 1989 Same 4 0 3 2 1000 No No Yes 468 Att. 192 Deck 50x135 SALE DATE 11/88 SALE PRICE 143,625 SALE/SQ.F-i. 110.31 SUBJECT- ASSESSMENT DATA 1Q02 ASSESSMENT 130,500 ASSESSMENT/SQ.r. 100.23 Recommendation: No Change • Seber Kleven 6930 James Avenue South 6930 James Avenue South 28-028-24-34-0161 Richfield SUBJECT PROPERTY 6808 Morgan 7404 Colfax 6938 James 6926 Jame COMP T1 COMP ;#2 COMP 43 COMP Split Level Split Level Split Level Split Ent 1 1 1 1 1206 1336 1131 1111 1206 1336 1131 1111 1991 1991 1987 1989 Same Same Same Same 5 5 5 4 0 0 0 0 2 2 2 2 1 3 2 2 844 8oo 1000 900 No No No No No 1 No No Yes Yes Yes Yes 440 Att. 480 Att. 518 Att. 584 Att. 176 Deck 234 Deck 120 Deck 246 Deck 50x135 50x135 50x135 50x135 7/91 8/91 9/87 7/89 130,000 144,072 123,600 118,000 107.79 107.83 109.28 106.21 8 COMPARABLE #1 6808 Morgan Avenue South • COMPARABLE #3 6938 James Avenue South 0 COMPARABLE #2 7404 Colfax Avenue South COMPARABLE #4 6926 James Avenue South 9 a • 7040 Cedar Avenue South PID #35-028-24-11-0011 1992 Estimated Market Value $198,000 1992 Recommended Market Value $185,000 Year Built 1966 Gross Building Area 7,128 Sq. Ft. Unit Mix 5 - 1 Bedrooms 3 - 2 Bedrooms 8 - Total Units 8 - Detached Garages 0 /D 1992 Review 7040 Cedar Avenue South CONFIDENTIAL PID #35-028-24-11-0011 5 - 1 Bedroom Units GBA = 7,128 Sq. Ft. (Approx. 891 Sq. 3 - 2 Bedroom Units Constructed in 1966 - Average Condit 8 Total Units 8 Garage Stalls Market Analysis Bldg. Sale Sale Address Date Size Age # Units Price 6745 Pleasant Ave. 8/90 4,144 '59 7 $162,807 420 E. 73rd St. 7/90 11,178 '61 11 $302,273 8350 Fremont Ave. 3/90 12,369 '62 12 $412,319 10731 France Ave. 10/91 12,720 '62 14 $320,000 6520-28 Cedar Ave. 5/90 19,008 '63 24 $478,442 . Value by Market Approach 8 Units @ $22,500 = Income Analvsis Ft./Unit) ion Adj. $/Unit Comments $22,095 No Amenities $22,533 No Amenities $27,831 8 Det. Garages $22,400 8 Det. Garages $19,138 No Amenities $180,000 Economic Actual PGI 5 - 1 Bedroom Units @ $400 x 12 (Garage Inc.) $24,000 3 - 2 Bedroom Units @ $450 x 12 (Garage Inc.) $16,200 Less Vacancy and Credit Loss 8% ($3,216) Plus Laundry $500 EGI $37,484 $36,562 Less Expenses @ 34% + 2% Rese rves ($13,494) ($13,015) P.P. @ 15% of $500.00/Unit ($600) ($600) NOI $23,390 $22,947 Cap Rate 8.5 Tax Rate 4.0 12.5 12.5 • Estimated Value by Income Approach ($23,390/Unit) $187,120 $183,576 Conclusion - 1992 EMV $185,000 ($23,125/Unit) 0 • 7108 Cedar Avenue South PID #35-028-24-11-0014 1992 Estimated Market Value $198,000 1992 Recommended Market Value $185,000 Year Built 1966 Gross Building Area 7,128 Sq. Ft. Unit Mix 5 - 1 Bedrooms 3 - 2 Bedrooms 8 - Total Units 8 - Detached Garages • /Z 1992 Review 7108 Cedar. Avenue South P ID #35-028-24-11-0014 COWIDENTIAL 5 - 1 Bedroom Units GBA = 7,128 Sq. Ft. (Approx. 891 Sq. Ft./Unit) 3 - 2 Bedroom Units Constructed in 1966 - Average Condition 8 Total Units 8 Garage Stalls Market Analysis Bldg. Sale Adj. Sale Address Date Size Acme # Units Price $/Unit 6745 Pleasant Ave. 8/90 4,144 '59 7 $162,807 $22,095 420 E. 73rd St. 7/90 11,178 '61 11 $302,273 $22,533 8350 Fremont Ave. 3/90 12,369 '62 12 $412,319 $27,831 10731 France Ave. 10/91 12,720 '62 14 $320,000 $22,400 6520-28 Cedar Ave. 5/90 19,008 '63 24 $478,442 $19,138 • Value by Market Approach 8 Units @ $22,500 = $180,000 Income Analysis PGI 5 - 1 Bedroom Units @ $400 x 12 (Garage Inc.) 3 - 2 Bedroom Units @ $450 x 12 (Garage Inc.) Less Vacancy and Credit Loss 8% Plus Laundry EGI Less Expenses @ 34% + 2% Reserves P.P. @ 15% of $500.00/Unit NOI Cap Rate 8.5 Tax Rate 4.0 . Estimated Value by Income Approach ($23,390/Unit) Economic Comments No Amenities No Amenities 8 Det. Garages 8 Det. Garages No Amenities Actual $24,000 $16,200 ($3,216) $500 $37,484 ($13,494) $600) $36,562 ($13,015) $600) $23,390 12.5 $187,120 Conclusion - 1992 EMV $185,000 ($23,125/Unit) $22,947 12.5 $183,576 46 COMPARABLE SALES • 6745 Pleasant Avenue South 420 East 73rd Street 8350 Fremont Avenue South 0 0 0 0 COMPARABLE SALES (cont'd) 10731 France Avenue South 6520-28 Cedar Avenue South (Two Buildings) /5'