Loading...
03-23-92 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, MARCH 23, 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) REGULAR CITY COUNCIL MEETING OF MARCH 9, 1992 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 4, 1992 RICHFIELD COMMUNITY HEALTH FAIR DAY 3. RECOGNITION OF RICH ACRES GOLF COURSE FOR RECEIVING 1991 NATIONAL GOLF AWARD FOR EXCELLENCE IN PROMOTING AND ENHANCING THE PUBLIC GOLF EXPERIENCE COUNCIL LETTER NO. 68 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 CONFIRMING APPOINTMENT OF MR. LARRY EMOND AND MR. GLENN ERICKSON TO THE 1992 BOARD OF EQUALIZATION (BOARD OF REVIEW) C.L. 69 B. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING THE 1992 LABOR AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AND THE CITY OF RICHFIELD C.L. 70 C. CONSIDERATION OF APPROVAL OF RESOLUTION PROVIDING FOR REFUNDING OF RICHFIELD STATE AGENCY, INC. COMMERCIAL DEVELOPMENT REVENUE BONDS C.L. 71 D. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING SUBMITTAL OF PRELIMINARY RIGHT-OF-WAY ACQUISITION LOAN FUND APPLICATION FOR PURCHASE OF PROPERTY AT 7644 CHICAGO AVENUE C.L. 72 E. CONSIDERATION OF APPROVAL OF RESOLUTION FOR LAWFUL GAMBLING LICENSE FOR RICHFIELD AMERICAN LEGION POST #435 C.L. 73 F. CONSIDERATION OF APPROVAL OF PURCHASE OF NEW PUBLIC SAFETY RADIO SYSTEM EQUIPMENT TO REPLACE THAT WHICH WAS DAMAGED BY LIGHTNING FROM MOTOROLA THROUGH HENNEPIN COUNTY CONTRACT AND ADDITIONAL COSTS FOR UPGRADES FROM PUBLIC SAFETY RADIO FUND C.L. 74 G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR COUNTERTOP AND APPURTENANT CHECKOUT LANE FIXTURES FOR THE MUNICIPAL LIQUOR STORE LOCATED AT 6444 LYNDALE AVENUE FROM ENNIS CABINETS FOR AN AMOUNT OF $5,634 C.L. 75 PUBLIC HEARINGS 6. PUBLIC HEARING AND SECOND READING OF ORDINANCE TO ADJUST WARD DISTRICT BOUNDARIES TO MEET EQUAL POPULATION CRITERIA AND CONSIDERATION OF RESOLUTION ESTABLISHING PRECINCT BOUNDARIES COUNCIL LETTER NO. 76 7. CONSIDERATION OF REQUEST FOR PRELIMINARY PLAT APPROVAL OF RICHFIELD BANK ADDITION AT 6625 LYNDALE AVENUE COUNCIL LETTER NO. 77 8. PUBLIC HEARING AND SECOND READING OF ORDINANCE RESTRICTING REPAIR OF VEHICLES IN RESIDENTIAL NEIGHBORHOODS COUNCIL LETTER NO. 78 PROPOSED ORDINANCE 9. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENTS WHICH UPDATE CURRENT SWIMMING POOL ORDINANCE COUNCIL LETTER NO. 79 ADMINISTRATIVE REPORTS & OTHER BUSINESS AIRPORT BUSINESS 10. AIRPORT STATUS REPORT CORRESPONDENCE • 11. LEGISLATIVE REPORT • • COUNCIL CHOICE 12. COUNCIL DISCUSSION ITEMS 13. CLAIMS AND PAYROLLS ADJOURNMENT 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 79 Agenda March 23, 1992 Issue Statement: First reading of an ordinance amending the current swimming pool ordinance. Background: In reviewing the current swimming pool ordinance for changes and updates, two areas of concern were identified. Areas that are not clearly defined within the ordinance are: the addition of a section defining the City's health authority; ? a public swimming pool definition; and ? a section giving 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, however the City receives no fees. The license fees for inspecting public swimming pools has been reflected in Appendix D. Secondly, several areas were removed from the ordinance 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: Staff recommends approval of a first reading of ordinance amendments which update the current swimming pool ordinance. Basis for Recommendation: 1. These changes provide a better definition in several areas and give the City the authority to charge a license fee for the annual inspections that are conducted through the City of Bloomington contract. 2. This updating will also reinstate health and safety portions of the ordinance that were inadvertently removed in July 1987 when the ordinance was recodified. Alternative Recommendation: • 1. Do not amend the current ordinance which would mean that the City will be unable to charge a fee for the annual inspections that are currently being conducted by the City of Bloomington. 9-I • 2. Do not reinstate health and safety issues into the current ordinance. Discussion/Decision Mode: First reading of an ordinance amendment which updates the current swimming pool ordinance and setting May 11, 1992 as the public hearing and second reading. Respectf y submitted, James . Prosser City pager JDP:ds 40 • Updated 2/25/92 r RTC CITY OF t HFTFL.I ] a PUBLIC SWIMMI NG 1. 7521 Lyndale Avenue South ----- Apt. Building 2. 7601 Knox Avenue South -------- Apt. Building 3. 7501 Logan Avenue South ------- Apt. Building 4. 7413 Penn Avenue South:-------- Apt. Building 5. 7421 Penn Avenue South -------- Apt. Building 6. 7620 Penn Avenue South -------- Apt. Building 7. 7700 Penn.Avenue.South -z------ Apt. Building 8. 6400-6444 Queen Avenue South -- Apt. ,Building 9. 800-820 West 65th Street ------ Apt. Building 10. 920 Rae Drive ----------------- Apt. Building 11. 1700 West 76th Street --------- Apt. Building , 12. 70 West 78th Street ----------- Apt. Building 13. 1100 West 78th Street --------- Apt. Building 14. 7730. 4th Avenue South --------- Apt. Building 15. 7700 Bloomington Avenue South - Apt. Building 16.. 6733-45 Cedar Avenue South ---- Apt. Building 17. 7544 Cedar Avenue. South ------- Apt. Building .18. 7644 Cedar Avenue South ------- Apt. Building 19. 512 East 73rd Street ---------- Apt. Building 20.E 1524 East 77th Street --------- Apt. Building 21. 1600 East 77th Street' --------- Apt. Building 22. 626 East 78th Street ---------- Apt. Building. 23. 900 East 78th Street ---------- Apt. Building 24. 1000 East 78th Street --------- Apt. Building 25. 1300 East 78th Street --r------- Apt. Building .26. 7721 Emerson Avenue South ----- Apt. Building 27. 7437 Lyndale Avenue South ----- Apt. Building 28. 7700 12th Avenue South -------- Apt. Building 29. 7020 12th Avenue South -------- .Intermediate School 30. 7461 Oliver Avenue South ------ West Junior High School 31. 100.West 66th Street ---------- U.S. Swim & Fitness 32. 630 East 66th Street ---------- Municipal Pool 33. 7745 Lyndale Avenue South ----- Hampton Inn q3 • Richfield City Code 420.01 Sentinn 47n - P-r}F,AA 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-peel;-used-€er swimming- er-bathkng a_nv atrttntttrP} Ytacin, nhamhPr? nr tank nnntai ni na an artificial hndV of wai-Ay fn,^ awi mmi n a, di yi ncr nr ranreatinnal hathinrr, over 24 inches in depth, or with a surface area exceeding 159 45 square feet: the-term-lees-net-inelude Publie er-semipublie-swimming-peels-regulated-ley-seetien-4997 Subd. 3. "Private rPaid Pntial 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. Subd. 45. "Director" means the director of public safety. Subd. SA. "Construction" includes alteration, addition to, improvement or remodeling. 420.03.- Conatrur Lion nPrm;ts 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 such plans and specifications. Approval by the building official 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. Apn inatinn_ nnntents- 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, q_q specifications and pertinent explanatory data as required by the • director. 420.07. Plo 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. App=ynyp nianc_ 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. g-5 • 420.10_ Permits and linanSPS_ 420.11. --PArmit- c+c3a---eke-fee-few-a-perm#t-few-tke-verist t?etiex ef-a-swimming-peel-is-set-by-appendim-B- Rlani-rina1 RPczu i ramants _ (h) No rurrnnt narrVina Alantrinal nond„ntora shall nrnas rani danti al nwi mmi n a pnnl fi ns?arhaad, nr ha i natal 1 ad underground • within fiftaan_(15) fast of aurh pnnla? prnvidad that th fifteen (15) font canarati nn ahal 1 not an= 1? to wiring i-n nnnl ' 1 i crhi-i nn nr anraaanri amt 420.13. NAatA-rR I' 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 Sunp? Water 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. Tp 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. C'hPmiral 1-rPai-mPnt_ Gaseous chlorination systems may not be used as a disinfection method of pool water. Residential swimming pools should meet the following standards: (a) rPP 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) Alkali nity_ 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) Rant-Pri ni ncri nai quaff i 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). 0 C)_-7 420.21. fia ?**a-? r??ax a c? a- Real t-h and aafPfy_ Subdivis#en-17 • ,,sH?e???a?A??---R-sk#??eel-sw#+e?-ska??-be-p?esen?=at-a??-t#mes sw#mm#ag-gee#-#s-#a-xse- 8ti19e1--2---?n???P??+---A-sw#x??n#r?g-geed-ska? ?-be-eqa#pgeel-w?tl? eae-ems-mere-tk?eta#ag-?#ag-bt?eps-aet-?te?e-tkaa-?5-?aekes-?a el#a?te?e?-aad-kaf,*#ag-68-feed-of-3-?f 8-?6-#aek-maa#?a-?#ae at?aekeel; -aael-eae-ems-mere-?#gl?t-bt??-s??eag-gees-w#tk-H?t?ateel eaels-seal-set-#ess-tkaa-?2-feet-#a-?eagtk-few-ma}?#Ag-?eael?-ass#sts e?-?ese?es- • nmmnl i anna wi fh all nart-a of fhi a semi nn rpl afi na fn pons nnerati on and mai_nt-onanrP- anti safczt-V of hat-hPrc 420.23. QthPr dAni c;n and Paui nmE+„+ 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. (a) ThP umps, fi 1 tPry di Ginfnntani- and rhnmi rai feeders and rp1 atPCt allnllr+tmneq„ncc nhal 1 hP knpf in nperai-inn at all fA mPs 9-S the awimmincrrnool i R In ilaA and forth additional 1)e-ri coda as • riAAdAd to' kPPp -thP. pool `WatAr r.1 Parr and of aati -,fartory ha tAri al ( ualitV r_nnti nuotia njnPrati on of the reni rnul ati on avetPm ahal 1 hP mainta ' nPd in awi mmi n . pools hayincl a rarnari ty of .On, Onn crallona or morp cluri ncr -qPacon.r, of rPCnul ar uac?_ 0 S U • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 78 Agenda March 23, 1992 Issue Statement: Public hearing and second reading of an ordinance restricting the repair of vehicles in residential neighborhoods. Background: Staff has consistently received complaints from persons in residential neighborhoods of people repairing vehicles for what appears to be an occupation. In many of these situations, once advised by staff that current ordinances restrict this kind of activity (i.e., for hire), most people comply. However, two or three times a year, situations develop where staff must prove that a business is being run out of a garage. To prove this is time consuming and frustrating for the complainant and staff. On February 10, 1992, City Council heard the first reading of an ordinance amendment that would restrict persons from working on vehicles on their property unless the vehicles are registered in the resident's name. This amendment should minimize the problems currently being experiencing. Since this is a zoning code issue, the Planning Commission considered the proposed ordinance amendment at a meeting held on February 25, 1992. It was the recommendation of the Planning Commission to approve the proposed ordinance amendment. Recommended Motion: Public hearing and second reading of an ordinance amending Subsection 510.23, "Home Occupations", that would prohibit the repairing of automobiles to other than those registered to the resident(s) of the dwelling. Basis of Recommendation: This amendment would simplify and clarify the enforcement of the repairing of automobiles in residential neighborhoods. Alternative Recommendation: 1. The ordinance could be expanded to permit the repair of immediate or extended family autos. However, this begins to erode the enforcement. 2. The Council could decide not to take any action. Discussion/Decision Mode: Public hearing and second reading of an ordinance amending Subsection 510.23, "Home Occupations", which would restrict the repair of automobiles in a residential neighborhood that are not registered in the resident(s) name. JDP:ds Resp lly submitted, Jame Prosser City pager ?-i 0 BILL NO. AN AMENDMENT TO SECTION 510 OF APPENDIX B OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Subsection 510.23 of the ordinance code of the City of Richfield entitled "Home Occupations" is hereby amended by adding thereto the following new subdivision: • Passed by the City Council of the City of Richfield, Minnesota this day of ' 1992. CITY OF RICHFIELD By Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • r? U CITY OF RICHFIELD, MINNESOTA Council Letter No. 77 Agenda March 23, 1992 Issue Statement: Request for preliminary plat approval of the Richfield Bank Addition at 6625 Lyndale Avenue. Background: Richfield State Agency has requested the replat of the property at 6625 Lyndale Avenue. The Agency recently acquired full ownership of the two block area consisting of approximately 30 individual lots. The replat would simplify the lengthy legal description, consolidating the property into three lots. The applicant states that the proposed lot arrangement corresponds well with the original subdivision layout and is the most convenient for any future use of the property. There are no proposed physical changes relating to this application, and the applicant states that there are no current plans for future development. The existing final development plan, conditional use permits, and off-street parking permits will remain in force. • Recommended Motion: Approve the preliminary plat for the Richfield Bank addition with the following stipulations: 1. That the applicant demonstrate that all current taxes payable have been paid in full. 2. That the applicant provide the City with title information prior to final plat approval. Basis of Recommendation: 1. The replat would create a simplified legal description to replace the existing lengthy and cumbersome legal description. 2. On February 25, 1992, the Planning Commission voted unanimously to recommend approval of the replat. 3. The proposal is in compliance with City subdivision regulations. 4. The street and alley within the site have been vacated. Alternative Recommendation: Deny the preliminary plat with a finding of fact that the proposal would not be in compliance with City subdivision • regulations. ?-I 0 Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, March 23, 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. Respectfullfg, submitted, sser James fager City M JDP:ds 0 ?? yZ Z Z all EE # R eNJ C ?r mot{i ?? ? • ? s ?? ' r t r ?s?t i I ? ? I ? rA .? ? ; I #'_ it.t Ian lip I t I; ?I time WY A So" s -------------- - 1 i _ Y_ ?" n w ly ?Y i fill C?; O, Y 1 1 ' A , ' _,.._ ..._..............:....................... ._.. .................. 1 , ^{t.» ... .... ....................... ... .............. ............. ,,._.. - ....... ................_».r...._.__ ..,.....___ ........»..._ ...y.. L Y , pro: 1 Z C "r ' ... . 1 . U ;: . ''C ;d •,iif OP4 J = oe, 1? ? -? ? ? • • 1 _ ? ?? ? -*?: r? ? ? sal ?? ?- k • O? O 0 O? V CITY OF RICHFIELD, MINNESOTA Council Letter No-76 Agenda March 23, 1992 Issue Statement: Public hearing and second reading of an ordinance to adjust the ward district boundaries to meet the equal population criteria and consideration of a resolution establishing precinct boundaries. Background: The City was notified on Wednesday, March 11, 1992 that the United States Supreme Court stayed the federal court order on legislative redistricting. Therefore, the legislative plan ordered by the state court as of January 30, 1992 is in effect. The 60 day timeframe for the completion of local redistricting began on January 30, 1992 when the State Court rendered their decision. Thus, the City's redistricting responsibilities must be completed by March 30, 1992. Attached is a summary of the statutes and laws that govern the City's redistricting actions. Richfield's specific task with respect to local redistricting is • to equalize the population contained within the City's three wards. While this does not mean that each ward must have exactly the same population, the U.S. Supreme Court in White v. Register indicated that differences larger than 9.9% would clearly suggest a possible equal protection deprivation. Under the present ward configuration, the deviation between the largest and smallest (Wards 1 and 2) is 10.4% (expressed as a percent of the average or ideal district). A minor boundary adjustment could balance the wards well within the 9.9% benchmark. At the February 18, 1992 City Council Study Council reviewed and discussed several ward modifications which would accomplish the nee balance. The consensus of the City Council preference to the modification occurring in of Ward 2. This modification would add the Session, the City district boundary -lessary population indicated a the northwest portion following to Ward 1: An area bounded by 135W on the west, 66th Street, Rae Drive, and 65th Street on the south, Lyndale Avenue on the east, and Crosstown 62 on the north. (See attached map) ?-l • This proposed modification would have the following population impact: WARD 1 WARD 2 WARD 3 ; t DEVIATION ; FROM IDEAL ;Existing ;Ward ;Population ; 11,366 ; 12,603 ; 11,741 ; 10.4% ;(1990 Census); ; ;Proposed ; ;Redistricting; ;Modification ; 12,112 ; 11,857 ; 11,741 ; 3.1% * IDEAL WARD POPULATION IS 11,903 Percent deviation calculated by: dividing the difference between largest and smallest ward population by the ideal population. At the February 24, 1992 City Council Meeting, the City Council approved first reading consideration of a proposed transitory ordinance of this proposed modification. This does not preclude • the City Council from choosing a different modification. Precinct boundaries must also be reestablished by resolution as a requirement of the redistricting process. The state court redistricting plan did not split any existing precinct lines in Richfield. Therefore, the only precinct boundary changes required by the redistricting process are to the boundaries of Precinct 2 and Precinct 3 to reflect the proposed new City ward boundaries. It is proposed that all other precinct lines remain as they currently exist. Maintaining the existing precinct boundaries where possible allows voters to continue to vote at their current polling place. This will cause the least disruption and confusion for voters. In addition, the City will save money by not having to generate as many change notifications and file updates related to precinct changes. Recommended Motion: 1. To conduct a public hearing and to approve second reading of an ordinance establishing the boundaries of Council ward districts to meet the equal population criteria. 2. To adopt a resolution establishing precinct boundaries and polling locations. Basis for Recommendation: 1. The City is required by statute to adopt a redistricting plan by March 30, 1992. Alternative Recommendation: 1. The City Council may choose ward district boundaries or precinct boundaries which are different than the proposed boundaries. 2. The City Council could decide to make no changes and risk that an eligible voter may apply to the district court for a. writ of mandamus requiring the redistricting of wards. Discussion/Decision Mode: Second reading of a transitory ordinance to adopt a redistricting plan and consideration of a resolution establishing the City's precinct boundaries is scheduled for the March 23, 1992 City Council Meeting in order to meet the statutory completion deadline of March 30, 1992.for these redistricting tasks. Respeg't#ully submitted, Ci JDP:ds 0 s/D. Prosser 0 60 ".3 BILL NO. 1992- TRANSITORY ORDINANCE NO. AN ORDINANCE ESTABLISHING THE BOUNDARIES OF COUNCIL DISTRICTS PURSUANT TO SECTION 2.03 OF THE CITY CHARTER OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Pursuant to the provisions of Section 2.03 of the City Charter of the City of Richfield, the boundaries of the three council ward districts of the City are hereby established as follows: Ward District 1. All the City lying west of Interstate 35-W, and also that area of the City located within the following described line: Beginning at the intersection of the centerlines of Interstate Highway 35W and West 66th Street, thence east along West 66th Street to its intersection with Rae Drive, thence north on Rae Drive to its intersection with West 65th Street, thence east on West 65th Street to its intersection with Lyndale Avenue, thence north on Lyndale Avenue to the 62nd Street north • boundary of the City, thence west along 62nd Street to its intersection with Interstate Highway 35W, thence south along said Interstate to the point of beginning. Ward District 2. All of the City lying between Interstate 35-W and Portland Avenue except easterly of Interstate 35-W along 66th Street to northerly along Rae Drive to easterly along 65th Street to northerly along Lyndale Avenue South, except for that area of the City located within the following described line: Beginning at the intersection of the centerlines of Interstate Highway 35W and West 66th Street, thence east along West 66th Street to its intersection with Rae Drive, thence north on Rae Drive to its intersection with West 65th Street, thence east on West 65th Street to its intersection with Lyndale Avenue, thence north on Lyndale Avenue to the 62nd Street north boundary of the City, thence west along 62nd Street to its intersection with Interstate Highway 35W, thence along said Interstate to the point of beginning. Ward District 3. All of the City lying east of Portland Avenue. This ordinance shall become effective on September 15, 1992 and for the conduct of the September 15, 1992 election. ?- q Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of March, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber. City Clerk 0 6-5 0 RESOLUTION NO. RESOLUTION ESTABLISHING BOUNDARIES OF ELECTION PRECINCTS BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The boundaries of the election precincts, and polling places for such election precincts, within the City are hereby established to be as follows: Precinct 1B That area of the City lying between Portland and Cedar Avenues, north of 68th Street, and east of Cedar Avenue, from 62nd Street South. Polling Place: Mt. Calvary Education Building, 6541 16th Avenue South Precinct 2B That area of the City lying between Interstate Highway 35W and Portland Avenue, and also lying north of 68th Street between Portland Avenue and Lyndale Avenue and that area of the City lying north of the Northern boundary fence of the Woodlake Nature Center, between Lyndale Avenue and Interstate Highway 35W, except for that area of the City located within the following described line: . Beginning at the intersection of the centerlines of Interstate Highway 35W and West 66th Street, thence east along West 66th Street to its intersection with Rae Drive, thence north on Rae Drive to its intersection with West 65th Street, thence east on West 65th Street to its intersection with Lyndale Avenue, thence north on Lyndale Avenue to the 62nd Street north boundary of the City, thence west along 62nd Street to its intersection with Interstate Highway 35W, thence south along said Interstate to the point of beginning. Polling Place: St. Peter's Church, 6730 Nicollet Avenue South Precinct 3B That area of the City lying west of Interstate Hwy 35W and North of 67th Street and also that area of the City located within the following described line: Beginning at the intersection of the centerlines of Interstate Highway 35W and West 66th Street, thence east along West 66th Street to its intersection with Rae Drive, thence north on Rae Drive to its intersection with West 65th Street, thence east on West 65th Street to its intersection with Lyndale Avenue, thence north on Lyndale Avenue to the 62nd Street north boundary of the City, thence west along 62nd Street to its intersection with Interstate Highway 35W, thence south along said Interstate to the point of beginning. 0 Polling Place: Sheridan Hills School, 6400 Sheridan Avenue South Precinct 4A That area of the City lying west of Interstate Highway 35W between 67th Street and the following described line: Beginning at the intersection of Xerxes Avenue and 71 1/2 Street; thence east on 71 1/2 Street to Washburn Avenue; thence south on Washburn Avenue to 72nd Street; thence east on 72nd Street to Russell Avenue; thence south on Russell Avenue to 73rd Street; thence east on 73rd Street to Interstate Highway 35W. Polling Place: St. Richard's Catholic Church, 7540 Penn Avenue South Precinct 5A That area of the City lying west of Interstate Highway 35W and south of the following described line: Beginning at the intersection of Xerxes Avenue and 71 1/2 Street; thence east on 71 1/2 Street to Washburn Avenue; thence south on Washburn Avenue to 72nd Street; thence east on 72nd Street to Russell Avenue; thence south on Russell Avenue to 73rd Street; thence east on 73rd Street to Interstate Highway 35W. Polling Place: Richfield Jr. High, 7461 Oliver Avenue South Precinct 6A That area of the City lying between Interstate Highway 35W and 2nd Avenue, south of 73rd Street. • Polling Place: Central School Building, 7145 Harriet Avenue South Precinct 7B That area of the City lying between Interstate Highway 35W and Portland Avenue and lying South of 68th Street between Portland Avenue and Lyndale Avenue and that area south of the northern fence boundary of Woodlake Nature Center between Lyndale Avenue and Interstate Highway 35W, except the following: That area of the City lying between Interstate Highway 35W and 2nd Avenue, south of 73rd Street. Polling Place: Hope Presbyterian Education Building, 7132 Portland Avenue South Precinct 8B That area lying between Portland Avenue and 12th Avenue and lying south of 68th Street. Polling Place: Richfield Intermediate School, 7020 12th Avenue South Precinct 9B That area of the City lying between 12th and Cedar Avenues and south of 68th Street. 0 . Polling Place: Centennial School, 7315 Bloomington Avenue South 2. The precinct boundaries shall commence to conduct of the September 15, 1992 Election. notice of the effective date of the precinct posted in the office of the city clerk prior date of such precinct boundaries. ?- 7 be effective for the Sixty (60) days boundaries shall be to the effective 3. The municipal clerk or county auditor shall notify each affected registered voter of the change in election precinct boundaries at least 14 days prior to the first election in which the new precincts are used. 4. The municipal clerk must prepare maps showing the correct boundaries of each election precinct in the municipality. The maps will be deposited 30 days before the state primary with the county auditor, secretary of state, and state planning director. A copy of the maps shall also be available for public inspection in the office of the municipal clerk. 5. For each election held in the municipality the clerk shall furnish copies of the appropriate precinct maps to the election judges for each polling place. Passed by the City Council of the City of Richfield this 23rd day of March, 1992. • ATTEST: Thomas P. Ferber City Clerk Martin J. Kirsch Mayor 0 6-S SUMMARY OF STATUTES AND LAWS REGARDING REDISTRICTING PROVISIONS FOR WARDS Wards must be redistricted within 60 days after the legislative plan has been adopted. (204B.135) Each person's vote must be given equal weight in the election of public representatives. Accordingly, each district formed to elect members to the U.S. House of Representatives, both houses of the state legislature, the county boards and other local election districts must be of essentially equal population. (U.S. Constitutional Amend. XIV) Within two years after each United States Census, the City Council shall by ordinance establish compact and contiguous Ward districts to be apportioned by population as nearly equal as practicable. (City Charter 2.03) After certification of the census, the City Council must either confirm that the existing ward boundaries meet the equal population criteria or redraw the ward boundaries to conform to the equal population criteria. (205.84) Each ward must be comprised of at least one precinct. (204B.14) • A change in ward boundaries does not disqualify a Council Member from serving the balance of the term to which the member was elected. (205.84) If the City Council does not either confirm or redraw the ward .boundaries within the period specified in section 204B.135, no compensation may be paid to the Mayor or members of the Council. (205.84) ESTABLISHING PRECINCT BOUNDARIES Precinct boundaries must be established within 60 days after the legislative plan has been adopted. (204B.14 subd. 3) No precinct may contain more than one state legislative or county commissioner district. (204B.14 subd. 3, 375.025) Precinct boundaries should follow visible, clearly recognizable physical features. (204.14 subd. 6) Visible features include a street, road, parkway, river, stream, shoreline, drainage ditch, railway right of way, or any other feature clearly visible from the ground. (204.14 subd. 6) The use of visible physical features and the prohibition on • precincts containing more than one legislative or county commissioner district applies to all municipalities notwithstanding any other law or charter provision. (204B.14 subd.7) &_q • USE OF CENSUS BLOCKS IN ESTABLISHING PRECINCT BOUNDARIES There are several advantages in using census blocks as the basis of establishing precincts. 1. Census blocks are defined by visible physical features. Therefore, using census blocks satisfies the requirement that precincts be drawn along recognizable features. 2. The state legislative plan was established using census blocks as the base for district boundaries. To insure that a precinct does not contain more than one legislative district, it will be necessary in some cases to use block boundaries as the precinct boundary. 3. Census blocks are the smallest population unit available for redistricting. If census blocks are split by precinct boundaries, creating election districts that are of essentially equal population will be a matter of guesswork. 4. The statewide voter registration system will likely use census blocks as the basic geographic unit for reassignment of voters at the conclusion of all redistricting activities. The use of precincts that are combinations of census blocks will greatly simplify the process of assigning voters to the correct election districts. Until the correct election • district identification for each precinct has been completed, accurate polling place rosters cannot be produced. 5. The use of census blocks in creating precincts will also facilitate searches for individuals and polling place locations by address. It will also be useful in incorporating ZIP+4 and carrier route information into the voter registration database. POLLING PLACES Each precinct must have a polling place that is accessible to elderly and disabled individuals. Polling location must meet standards specified in state building code. (204B.16) The governing body may establish a polling place in any city or in a school district located in the seven-county metropolitan area either in the precinct or within 3,000 feet of the precinct boundaries. (204B.16 subd. 1) All cities, counties, school districts; and state agencies shall make their facilities available for use as polling locations. The charge for using the location can be no higher than the lowest charged to any public or private group. The polling location offered is subject to the approval of the local election • official. (204B.16 subd. 6,7) (_/O • NOTIFICATION The municipal clerk or county auditor shall notify each affected registered voter of the changes in election precinct boundaries at least 14 days prior to the first election in which the new precincts are used. (204B.14 subd.4) Mailing labels and post cards can be produced from the statewide voter registration system. The cost is determined on a per voter basis. There is a minimum charge for all orders. A posted notification of all precinct changes must be in the office of the municipal clerk or county auditor for at least 60 days prior to the effective date of the change. (204B.14 subd.4) Each municipal clerk must prepare maps showing the correct boundaries of each election precinct in the municipality. The maps will be deposited 30 days before the state primary with the county auditor, secretary of state, and state planning director. A copy of the maps shall also be available for public inspection in the office of the municipal clerk. The county auditor shall publish either a description or a map illustrating the new congressional, legislative, and county commissioner district boundaries in the county in one or more qualified newspapers. The publication must occur no later than June 23, (14 days prior to the first day of the filing period). (204B.14 subd. 4) TRANSITION SCHEDULE The existing statewide voter registration-database will be used to produce polling place rosters for the following elections in 1992. * Presidential Primary (April 7) * School Board Elections (May 19) In June 1992, the statewide voter registration system will be updated to reflect the new precinct and district assignments for each voter. It is anticipated that the conversion will be completed by the end of the month. This schedule will enable accurate voter lists in the new precincts by the start of the filing period on July 7. No municipality or school district may conduct a special election during the period beginning on May 6 and ending on September 14. (204B.135, subd. 4) Polling place rosters reflecting the new precincts will be is produced for the September 15 state primary. 6-1) • REDISTRICTING COSTS A county may pay the cost of redistricting to be incurred in 1992 from taxes levied in 1991. The levy may not exceed $1.00 per capita. The county must distribute 25 cents of that amount times the population of the city to all cities within the county with a population of 30,000 or greater. (Laws of 1991, Chapter 291) • n U t sL. ' s tau •NfMM S?Y ?LJ O ?? .\ WV hp LJ '? ? S aq _ FJL-EB awe _ t C >: C JA t t t pG = loss OtM ? ? ! ?_ Z L t ! Z ! [ W MWMI~ Lw t1OOt/ - - mtDryLlwQf If sw r.an Woo Two OtN' ?0 C ?Q 1 'lots ?1slrmt %$at ?Ci C OO rrtoassttttm?b asl as •? OD .1 a ..at rr7 O DOD a.a rt fl Mae Otis slab = ?i ?Q ?CCOC? lt..l,m .i o[?; OCI ? ao; ? COO :? °°•?.* swim ! v ?O i sn.wet'pp CCOO ar•tr•! : i ? C OQ ? ?CCi?O ?? wr! .. e Impo 0-11 OQLWV ' ri>wau ' 1--?--?I i? C? ¦i craaaas ? •13110atr .? .-? ' 'ice ? O?Q ? 1¦m «;, I;, ` V Leo ?? ??1 I i ? ' V ? O?O i't)asmriet AVnQfT1N j •n¦1 `_I I ?? N1rOt1111ar ut•s.a?.1 _ • I? p •? Io?a111,1?,.R,,, 4a L DILL 1LYr•r ? 1 ' 't.: 1 .??? W L?• I U II Or•wf OAIJYO! ?t ? ; ? i ?? ? ? .?; I aa1wM•M M• 311•0"1 ', U s O'taUtl•! -JAW invehAn ' lr•Arf II• `-?/ ? " ? I--'y ? , 0 ? My1r01! Abed" ... coo' o ? wesrala wrsyw , I Amemmr l..wa Saw" I c3xw Rarr r•stlew CCU U . wearer M ?O? ?? '? CCjL_ !p I vL r•utow ... ?? ralwlr 'SA•rrra! 1 ?w?..1t 1'-? w?.l C r)An° rare 7s. email meow i waettlarc s•rrwt r_i " '? ` r-?. Iii r•trr3ws t Ar flRwJS 177 jj won S? Z r r w ? ti z w t z _ II a? 3 N 0 Patel I'i, p 0 •,y VL at W P1 0 I g :g ??1 101 7 z Np CC MfNMlfla .• if CI IL-JU /• li JL _ 11 Oi t •r?? r_? - low marno 1 'al. Yr07D ? r, a1 ' lam ? HOC ? CO I OC I ./al ?, Ya[awomou r1?1 r1 if ?? rl it 'a1 01 1O1T1f ? O l arrwalfo . lord ? G I claim ' I C .s 0w?l,7wr N. ?? ._ If I 6-13 a? x N. C G 6`? t t Z t t} C a? • ? L`.\ IC ? K It R.? Z °. ltMC_S affir1bvon r,al late W Q? West l,l0pf1 ! un HE j N.1 d? M [I 43 a 3 ICCCC I 'Im l ? ap COCCI ; ;, p Vessel 1 ? CC?Of? r41rr 1 ; I ? OYr141ra fur ONVII,w/ ¦ gas I. i41fAa3! ? ?C? '`_ C? I friAill ul ?, a,l.lmaYr Tnas,?s ? ? ? ??Vyy ? ! 1 •r"? ?.-•., C " T?oswlr M lYMf111r ? I I /•1 I I ? ? ! _ ??? t? N110*lll7. II •? ' •? -ICO II a41naally L,Rt7'4 [ 1 ? ? sr - ? .rr.: ------ :111111I34t O4111Yf 11 r 1)IY41rM ??-?• .??Q. I' 0313411 VII 411114111 ur )irallal f i1•lD >A,MOrn P'I 14114101. y 1,011!10 Pw? 11.11.+Il?, ejQ ?_.. sriloa •1??? 'J' N ?? ``? CC ? 1111000 aro.no it 1?. ? i.slm 1 ? Mosul" llrl[iM, 30)41710 ?I 041r41A lOlOawlrl loloamm fr1AYl C •??L ? ? ? ? ¦ r ???I ! 91814111 .wr' pwr? .01131 41raal U CC 'l xalm VIVIIIIINS , Wo*ow CC raa.. r7n11a •)„r 41417/ L_: •^I GI- ?"i r)11no an. awsa r7)e 11)ftnr _ 1 11 11 1833M w.aY7wf ll)r[11M srwo,y •w7 Vt -? F^.Q_ I' rralr711r roan _ ? 1 ???' ' -__? ?? ?• j [.wOMI C; rrfM41iM , -._ !! , r 7. r41nrrsti w 112182K •r-1 it Iri C `w a + C C L w ? M r 6 w 'r t t t :?s rn 0 fog k "d g=1 ?NI 1.S 0 ) z .^ a! P04 •1?1 0 pml •? 1V C9 . a v P-1 Pd fd N rA • sI? MM W O L 1? CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda March 23, 1992 Issue Statement: Purchase in excess of $5,000 for countertop and appurtenant checkout lane fixtures for the municipal liquor store located at 6444 Lyndale Avenue. Background: At the April 13, 1992 City Council meeting, the Council will consider approval of.a point of sale cash register system for the three municipal liquor stores. Prior to placement of any proposed system, a new checkout lane configuration is needed. To order necessary parts and have a new configuration built, confirmation should be in place to ensure timely installation of the new checkout lane fixtures. Three vendors were contacted for quotations with the following results: Ennis Cabinets, Box 224, Big Lake, MN $5,634 Custom Cabinet Crafters, 1315 East 66th Street 7,158 Kitchens by Phoenix, 5435 Lyndale Avenue 8,125 Ennis Cabinets submitted the lowest quotation. The purchase price includes delivery and installation. Recommended Motion: is Approve a purchase order to Ennis Cabinets for countertop and appurtenant checkout lane fixtures for the municipal liquor store located at 6444 Lyndale Avenue. Basis for Recommendation: 1. Ennis Cabinets submitted the lowest quote for fixtures and installation. 2. There are funds available in the Reserved Retained Earnings for Capital Improvements. 3. The new configuration will accommodate any of the submitted quotes for point of sale register systems. Alternative Recommendation: Council may choose not to accept any of the quotations and instruct staff to obtain new or additional quotes. However staff believes the quote from Ennis is low and other retail beverage operations have been pleased with work performed by the company. Discussion/Decision Mode: Staff requests approval at the March 23, 1992 Council meeting. Respectfully submitted, • Ja a D. Prosser Ci Manager JDP:ds 6F . CITY OF RICHFIELD, MINNESOTA Council Letter No. 74 Agenda March 23, 1992 Issue Statement: The purchase of new Public Safety radio system equipment to replace that which was damaged by lightning. Background: In August 1991, lightning struck the Public Safety radio tower. The resulting electrical surge caused extensive damage to components in the Public Safety radio system. Although Motorola technicians were able to temporarily repair the damaged components, problems with the system are occurring with frequent regularity. Motorola technicians have recommended replacement of the system because they believe it can no longer be maintained and may fail completely at any time. Motorola submitted a bid to replace the damaged system for the amount of $133,679.00, and $6,078.00 for some system upgrades and enhancements. The costs are based on the prices established by the Hennepin County Console Contract #9624, from which the City may purchase items. A claim for the equipment replacement was submitted to the League • of Minnesota Cities Insurance Trust (LMCIT). LMCIT hired an independent consulting forensic electrical engineer to confirm the damage.- The consultant confirmed the damage and LMCIT has authorized payment to the City for $133,679.00. The $6,078.00 for the system upgrades and enhancements would be taken from the Central Garage Fund reserve for Public Safety communications. This fund currently has a balance of $145,608.00. Recommended Motion: Approve the purchase of radio equipment from Motorola through the Hennepin County Contract and the additional costs for the upgrades from the Public Safety Radio Fund. Basis for Recommendation: 1. The Public Safety radio system is no longer reliable. Failure of the system could pose a threat to public safety. 2. The purchase will be through a County contract. The County solicits bids for items it anticipates purchasing and selects those vendors whose products best suit its needs and are available at the best prices. Local governments are able to purchase these items at the prices quoted for the County. The County bid process typically obtains the lowest prices available. • 3. The City is being paid $133,679.00 by the League of Minnesota Cities Insurance Trust to,purchase the equipment. 5F- I Alternative Recommendation: 1. The Council may choose to deny the purchase of the radio equipment. However, the current system is no longer reliable for Public Safety use. Sudden failure of the system may expose the City to liability. 2. The City continues to pursue communication consolidation concepts, however no concept appears to be a viable option at this time. I Discussion/Decision Mode: From the time the order for the equipmentipment.f the radio qu Alternative Recommendation: 1. The Council may choose to deny the purchase of the radio. equipment. However, the current system is no longer reliable for Public Safety use. Sudden failure of the system may expose the City to liability. 2. The City continues to pursue communication consolidation concepts, however no concept appears to be a viable option at this time. Discussion/Decision Mode: From the time the order for the • four to six week period of time delivered to the Motorola shop. tested at the Motorola shop and to City Hall for installation. the current system and the time installation, it is important ti possible. equipment is placed, there is a before the components are The system must be assembled and then disassembled and delivered Because of the unreliability of needed for shipment, testing and zat the order be placed as soon as Respect ully submitted, Jam . Prosser Cit anager JDP:ds 40 5E- CITY OF RICHFIELD, MINNESOTA • Council Letter No.73 Agenda March 23, 1992 Issue Statement: Application for lawful gambling license for Richfield American Legion #435, located at 6501 Portland Avenue. Background: On March 16, 1992, the Richfield American Legion submitted an application for renewal of their lawful gambling license. The application requests renewal for their bingo and pulltab operations. Their gambling license had previously been revoked by the State, but they are now in a position to reapply. The applicant is proposing to conduct bingo on Sunday from 2:00 p.m. to 5:00 p.m. and 6:00 p.m. to 9:00 p.m. The pulltabs would be conducted in conjunction with the bingo operation. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manager, Mr. Rodney Logland, has no known criminal record. • Finally, the applicant is requesting that the $100.00 investigation fee be waived. Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Staff recommends that the Council pass a resolution.approving the gambling activity requested by the applicant in accordance with Richfield City Code 1100.13, subd. 6. Staff further recommends that the Council waive the investigation fee. Basis for Recommendation: 1. The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. 2. The applicant has submitted the request within 60 days of the renewal of the license. 3. The applicant has demonstrated that the gambling activity requested is a benefit to the community. . Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the renewal request, however, staff has determined that there is no basis for this alternative. 9E--I 0 2. The Council could decide to not waive the investigative fee. Discussion/Decision Mode: Approve the renewal of Richfield American Legion #435's lawful gambling application and a request for waiver of the investigative fee. Respectfully submitted, rosser Jamefanager City JDP:ds 40 5?? RESOLUTION NO.. A RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD AMERICAN LEGION #435 TO CONDUCT LAWFUL GAMBLING WHEREAS, the American Legion #435 has submitted an application for renewal of their lawful gambling license; and WHEREAS, the application request renewal for their bingo and pulltab operations; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides for regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of Richfield, Minnesota, as follows: 0 1. That a lawful gambling license be granted to the Richfield American Legion #435, 6501 Portland Avenue. 2. That the investigation fee be waived. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of March, 1992. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 41 5A CITY OF RICHFIELD, MINNESOTA 40 Council Letter No. 72 Agenda March.23, 1992 Issue Statement: Adoption of a resolution authorizing the submittal of preliminary Right-Of-Way Acquisition Loan Fund (RALF) application for the purchase of property at 7644 Chicago Avenue. Background: The City Council has approved the official map which calls for the upgrading of 77th Street between 135W and TH77. The upgrading will necessitate the purchase of property. At present, the timing of the construction of these improvements is uncertain; however, people who own and reside in these homes must continue to make decisions about their lives. In some instances, these people must sell their home; but the pending project makes it impossible to sell. Buyers do not want to purchase with this uncertainty. To meet this need, the Metropolitan Council has established the Right-of-Way Acquisition Loan Fund (RALF). The fund is designed to permit cities to purchase owner-occupied dwellings when continued ownership of the property would be a hardship for the owner. The loan bears no interest. A loan would be equal to the value of the real estate, plus relocation benefits minus the salvage value of the houses. The City would pay back the loan when funding of the 77th Street project became • available. The process for securing a loan is generally as follows: ? After the owner of a property has listed their home for sale for a period of at least 90 days, a preliminary application is submitted to the Metropolitan Council. The attached resolution is part of the preliminary application. ? The Metropolitan Council then reviews the preliminary application. ? If the preliminary application is approved, negotiations for the purchase of the property may commence and a loan agreement with the Metropolitan Council must be drafted. Staff has been working with the owner of the property at 7644 Chicago Avenue which appears to qualify for RALF. The property has been listed with a realtor. The 90 day listing period has ended. Potential purchasers looked at the property but when told of the pending street project, they lost interest. Recommended Motion: Adopt the attached resolution which authorizes staff to proceed with the filing of a preliminary RALF application. • Basis of Recommendation: 1. The City Council has approved the official map for upgrading 77th Street. 5b-1 0 2. The upgrading will require the purchase of the property. 3. The City has no funds currently available to purchase this property. 4. The Metropolitan Council operates RALF and has previously approved the purchase of five properties under the program and is now processing a sixth. Alternative Recommendation: 1. Refuse to authorize the application. 2. Delay action until a future date. n U Discussion/Decision Mode: While the RALF program provides assistance, it does not provide immediate relief. Staff has been working with this owner since October. It will likely require an additional four to five months to complete the process. Action to adopt the resolution on March 23 would facilitate the processing. Respectf ly submitted, James Prosser City nager JDP:ds 51)` RESOLUTION NO. RESOLUTION AUTHORIZING LOAN APPLICATION FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY 7644 CHICAGO AVENUE WHEREAS, the City of Richfield, has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real estate including the property at 7644 Chicago Avenue; and WHEREAS, City funds are presently not available for purchase of real estate; and WHEREAS, the Metropolitan Council under Minnesota Statute 473.176, Subd. 2 a. administers the Right-Of-Way Acquisition Loan Fund (RALF) to acquire properties so situated with owners who are experiencing a hardship; and WHEREAS, the Metropolitan Council has indicated that RALF monies would be made available for the purchase of "hardship properties" along 77th Street; and . WHEREAS, the owner of this property may qualify for purchase under the hardship provisions of RALF. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City Manager submit an application to the Metropolitan Council under the RALF program for purposes of initiating the process which may result in the acquisition of the property at 7644 Chicago Avenue. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of March, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 5G CITY OF RICHFIELD, MINNESOTA • Council Letter No. 71 Agenda March 23, 1992 Issue Statement: Adoption of resolution providing for the refunding of Richfield State Agency, Inc. (RSA) Commercial Development Revenue Bonds. Background: In May 1983, as part of the LHN redevelopment efforts, the City provided for the issuance of $3,700,000 in tax exempt financing. The funds provided for the construction of additional floors to the bank building, the renovation and "opening up" of the basement, purchase of property and other improvements. The bonds bear interest at 9% and are subject to remarketing at a new rate on May 1, 1993. RSA is requesting the refunding in the amount of $2,165,000 because of the opportunity for a lower interest rate. This amount will be sufficient to redeem the 1993 bonds on May 1, 1992. The new bonds will mature by May 1, 1998. The bonds would be sold in a private placement. Thus, no general solicitation will be necessary. Recommended Motion: Adopt the attached resolution which authorizes the following: 1. Issuance of the refunding bonds in an amount not to exceed $2,165,000. is 2. The execution of a trust indenture and loan agreement. 3. Execution of the bonds. 4. Execution of an amendment to the indenture of trust for the original bonds. Basis of Recommendation: 1. The applicant has paid the required $2,500 fee. 2. The bonds have not been nor will they be a liability of the City. 3. The debt service of a viable Richfield business would be reduced. Alternative Recommendation: 1. Delay approval. 2. Refuse approval. Discussion/Decision Mode: Action on March 23 would permit the refunding by May 1, 1992. lly submitted, • Reja?nager JaProsser CiJDP:ds RESOLUTION of the CITY OF RICHFIELD RESOLU'T'ION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA (THE "ISSUER") AUTHORIZING TIME ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S COMMERCIAL DEVELOPMEN'T' REFUNDING REVENUE BONDS (RICHFIELD STATE AGENCY, INC. PROJECT) SERIES 1992 (THE "BONDS"),' WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PA'Y'ABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE AND A LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS; and AUTHORIZING' EXECUTION OF AN AMENDMENT TO INDENTURE OF TRUST RELATING TO CERTAIN PRIOR BONDS ,5c: i WHEREAS, the City of Richfield, Minnesota (the "Issuer") is a home rule city duly. organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to finance the cost of the acquisition, renovation, construction, improving and equipping of certain revenue producing facilities to be located within its corporate boundaries, and is authorized to enter into revenue agreements made in connection therewith and pledge those agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the Issuer has previously issued its $3,700,000 Commercial Development Revenue Bonds (Richfield State Agency, Inc. Project) (the "Prior Bonds") under and pursuant to the terms of an Indenture of Trust, dated as of May 1, 1983 (the 111983 Indenture"), between the Issuer and Norwest Bank Minnesota, N.A., as successor to F&M Marquette National Bank, as trustee (the 111983 Trustee") ; and WHEREAS, the Issuer loaned the proceeds of the Prior Bonds to Richfield State Agency, Inc., a Minnesota corporation (the "Company") for the purpose of acquiring, constructing and equipping a commercial facility within the corporate boundaries of the Issuer (the "Project") ; and f. WHEREAS, the Company has requested the Issuer to issue its Commercial Development Refunding Revenue Bonds (Richfield State Agency, Inc. Project) Series 1992 in an aggregate principal amount of not to exceed $2,165,000 (the "Bonds") to provide for the funding of a loan. (the "Loan") to the Company for the purpose of refunding and redeeming the Prior Bonds in accordance with their terms; and i SNO31492 i acia5-ias 1 c-a WHEREAS, the Loan will be made pursuant to the terms of a Loan Agreement (the "Loan Agreement") to be entered into between the Issuer and the Company; and . WHEREAS, the Issuer proposes to finance the refunding and redemption of the Prior Bonds under the Act by the issuance of the Bonds of the Issuer under this resolution; WHEREAS, the Bonds will be issued under an Indenture of Trust (the "Indenture") to be entered into between the Issuer and the trustee named therein (the "Trustee"), and are secured by a mortgage and assignment of leases and rents with respect to the Project from the Company to the Trustee (the "Security Documents") and a pledge and assignment of certain other revenues, all in accordance with the terms of the Indenture, and said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary liability of the Issuer or ac charge against its general credit or twdug powers and shall not constitute a charge, Hen, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Project; and WHEREAS, it is necessary to amend the terms of the 1983 Indenture to facilitate the refunding transaction contemplated hereby, and the 1983 Indenture permits amendments to its terms. hiOW, 'T'HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: 1. The Issuer acknowledges, finds., determines, and declares that the V refunding and redemption of the Prior Bonds, the proceeds of which were used to • construct the Project, furthers the purposes of the Act, including the promotion of industry and commerce through governmental action for the purpose of preventing the emergence of blighted and marginal lands. 2. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Bonds in a principal amount of not to exceed $2,165, 000. The Bonds shall be numbered, shall be dated, shall bear interest, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed in the Indenture in the form now on file with the Issuer. 3 . The Bonds shall be special obligations of the Issuer payable solely from the revenues provided pursuant to the Loan Agreement and other funds and revenues pledged pursuant to the Indenture. The City Council of the Issuer hereby authorizes and directs the Mayor and the City Manager of the Issuer (together, the "Officials") to execute and deliver the Indenture by and between the Issuer and the Trustee, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the bondowners, the Issuer and the Trustee as set forth therein. All of the provisions of the Indenture, when executed as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the Issuer, with such necessary and appropriate variations, omissions and insertions as do not materially change the substance thereof, or as the City Manager, in his discretion, shall SUC131492 RC145-149 2 i 50--3 determine, and the execution thereof by the City, Manager shall be conclusive evidence of such determination. 4. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium and interest on the Bonds shall be payable solely from the proceeds of the Bonds, the Loan Agreement and amounts realized under the Security Documents. 5. The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 6. The Officials are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including an arbitrage certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. 7. All covenants, stipulations, obligations and agreements of the Issuer contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Issuer to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer by the provisions of this resolution or the aforementioned documents shall be exercised or performed by such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or. agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer, or any officer, agent or employee of the Issuer in that person's individual capacity, and neither the City Council of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 8. The officials are hereby authorized and directed to execute and deliver the Amendment to Indenture of Trust between the Issuer and the 1983 Trustee (the "Amendment") . All of the provisions of the Amendment when executed and delivered as authorized herein, shall be in full force and effect from the date of execution and delivery thereof. 9. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the SK031492 =45-149 3 1 Issuer or any owner of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any owners from time to time of the Bonds issued under the provisions of this resolution. 10. ' In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein . 11. The Bonds, when executed and delivered, shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 12. The officers of the Issuer, attorneys, engineers and. other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, • covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council of the Issuer shall be authorized to act in his capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Manager of the Issuer is unable to execute and deliver the documents referred to in this Resolution, such documents may be executed by a member of the City Council or the City Clerk with the same force and effect as if such documents were executed and delivered by the City Manager of the Issuer. Adopted: , 1992 Mayor Attest: City Clerk V sxaai49a RC245-149 4 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 70 Agenda March 23, 1992 Issue Statement: Approval of the 1992 Labor Agreement with the International Union of Operating Engineers Local No. 49 and the City of Richfield. Background: City staff has completed negotiations on a labor agreement for the year 1992 with the International Union of Operating Engineers Local 49 unit, subject to Council approval. The bargaining unit consists of approximately 40 City employees including Community Service Workers, Mechanics and Water Plant Operators. The significant changes which have been negotiated for the year 1992 are as follows: ? An adjustment of thirty-two cents (324) per hour over 1991 wage rates for all classifications. This averages an increase of 2.5% for the group. ? A $15.00 monthly increase in the City's contribution for dependent health insurance for a maximum of $255.00/month. This maximum contribution is identical to other City employee groups for 1992. • ? The City's contribution for single dental insurance is a maximum of $20.00/month. This maximum contribution is also identical to other City employee groups for 1992. ? For Water Plant Operators only, the Martin Luther King holiday, which was granted in 1991, is to be used as a floating holiday. ? The classification titles of Community Service Worker I and II are consolidated into the job title of Community Services Worker. The term of the Labor Agreement is from January 1, 1992 through December 31, 1992. Recommended Motion: Adopt the attached resolution approving a Labor Agreement with the International Union of Operating Engineers Local No. 49 unit for the year 1992. Basis of Recommendation: 1. The City has met and negotiated with Local 49 for the settlement of the 1992 Labor Agreement and has agreed upon a tentative settlement as outlined in this Council letter. 2. Wage and benefit settlements are comparable to other City of Richfield employee groups. 3. The Local 49 employees have voted on the issues and have given their approval. Alternative Recommendation: Do not approve the Labor Agreement, requiring further negotiations and/or arbitration. Discussion/Decision Mode: In order to allow the City's accounting personnel to modify payroll records and enact the new pay rates retroactive to January 1, 1992 as soon as possible, it is recommended that the City Council act on March 23, 1992 to adopt the attached resolution providing for the adoption of the 1992 Labor Agreement, effective January 1, 1992. RespecAfully submitted, Jams/D. Prosser Cit anager JDP:ds 0 5 6-cl 0 RESOLUTION NO. RESOLUTION APPROVING ADDENDUM TO THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEAR 1992 WHEREAS, the City Manager has reached an agreement with the International Union of Operating Engineers Local 49 for the year 1992; and WHEREAS, the Personnel Ordinance requires that contracts between the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the International Union of Operating Engineers Local 49 for the year 1992, and that the City Manager is herby authorized to execute the same on behalf of the City of Richfield Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of March, 1992. • Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City.Clerk 40 5A CITY OF RICHFIELD, MINNESOTA Council Letter No.69 Agenda March 23, 1992 Issue Statement: Appointment to the 1992 Board of Equalization (Board of Review). Background: City Charter provides that the Local Board of Equalization shall consist of all of the City Council Members and two Richfield residents experienced in real estate matters. The purpose of the Board is to hear appeals from the property owners concerning their property values. Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to once again serve as a residential representative to the Board. He has been an independent property appraiser for approximately 20 years and has served on the Richfield Board of Review since 1983. Mr. Emond holds a Federal Appraisers License and is working primarily in conducting property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. Mr. Emond has been a Richfield resident for 30 years and he is very knowledgeable of the City. His previous input on the Richfield Board of Equalization has been extremely valuable as determinations and • appeals presented by Richfield citizens were considered. The second Richfield resident under consideration for appointment for the 1992 Board of Equalization is Glenn Erickson, 7240 Bryant Avenue. Mr. Erickson has been a resident of Richfield since 1950 and has been in the property appraisal business since 1951. He first served on the Richfield Board of Review in 1991. His business has predominately included appraisal of single family residential, duplex and fourplex properties. The appraisals have included those for a mortgage loan business and a number of appraisal audits. Mr. Erickson currently holds both an appraisers and real estate brokers license. It is recommended that the compensation for resident members remain at $40.00 per session or $16.00 per hour per session, whichever is greater. This rate was established in 1991. Recommended Motion: Approve the attached resolution confirming the appointment of Mr. Emond and Mr. Erickson to the 1992 Board of Equalization, at the proposed level of compensation stated herein. Basis for Recommendation: 1. Both Mr. Emond and Mr. Erickson are very knowledgeable and experienced in the areas of real estate appraisals. They are • also both licensed appraisers. gip-1 2. Mr. Emond and Mr. Erickson have served on the Richfield Board of Equalization in the past and have done a very good job in that capacity. 3. It is required by City Charter that there be two resident representatives on the Board of Equalization who are knowledgeable in real estate matters. Alternative Recommendation: 1. The City Council could select other qualified individuals as expert resident representatives on the Board of Equalization, in place of either Mr. Emond or Mr. Erickson or both. Discussion/Decision Mode: It is requested that the City Council set the appointment of Mr. Emond and Mr. Erickson at the City Council meeting of March 9, 1992. The Board of Equalization will meet at 7:00 p.m., Wednesday, April 29, 1992. The appointment at the City Council meeting of March 23, 1992 ensures that the City staff has adequate time to establish appointments to the Board. ly submitted, 0 Jame City Prosser JDP:ds n 5V 0 RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson as 1992 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $40.00 per session of the Board or $16.00 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of March, 1992. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk J CITY OF RICHFIELD, MINNESOTA Council Letter No. 68 Agenda March 23, 1992 Issue Statement: Recognition of Rich Acres Golf Course for receiving 1991 National Golf Award for excellence in promoting and enhancing the public golf experience. Background: Richfield's Rich Acres Golf Course has been chosen as one of 80 golf facilities across the United States to receive the National Golf Foundation's (NGF) Public Golf Achievement for 1991. This is the second consecutive year that Rich Acres has received this honor. The award program is part of an ongoing effort by the Foundation to underscore the importance of public golf to the growth and enjoyment of the game of America. A profile on Rich Acres success story was published in the fall edition of the NGF's magazine, Golf Course Development and Operations Ouarterly. Recommended Motion: Acknowledge receipt of Rich Acres Golf Course award from the • National Golf Foundation for public golf achievement in 1991. Basis of Recommendation: 1. Rich Acres Golf Course is a municipal public golf course. 2. Rich Acres Golf Course has been recognized by the National Golf Foundation for efforts, as a public golf course, to promote and enhance the growth and enjoyment of golf in an exemplary manner. Alternative Recommendation: None. Discussion/Decision Mode: Staff members of the Community Services Department and Rich Acres Golf Course will be present at the March 23, 1992, Council meeting to share the National Golf Foundation's (NGF) Public Golf Achievement for 1992 with the City Council. Resp t lly submitted, Jam FsD. Prosser City Manager 0 JDP:ds