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
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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
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CITY OF t
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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
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• 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.
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• 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
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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
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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
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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
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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
•
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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
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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
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s/D. Prosser
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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)
•
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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