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12-14-92 agenda CITY OF RICHFIELD, MINNESOTA MONDAY, DECEMBER 14, 1992 THERE WILL BE A RECEPTION PRIOR TO THE REGULAR CITY COUNCIL MEETING BEGINNING AT 6:30 P.M. IN THE COUNCIL CHAMBERS HONORING OUT-GOING COUNCIL MEMBERS WILLIAM BULLOCK, IVAN LUDEMAN AND KRISTAL STOKES FOR THEIR SERVICE ON THE RICHFIELD CITY COUNCIL 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 NOVEMBER 23, 1992; (2) SPECIAL CITY COUNCIL MEETING OF DECEMBER 7, 1992; (3) CITY COUNCIL STUDY SESSION OF DECEMBER 7, 1992; AND (4) SPECIAL CITY COUNCIL BUDGET HEARING MEETING OF DECEMBER 9, 1992 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. CONSIDERATION OF APPROVAL AND PRESENTATION OF RESOLUTION RECOGNIZING ARTHUR P. ANDERSON'S PUBLIC SERVICE TO THE CITY OF RICHFIELD COUNCIL LETTER NO. 271 3. PRESENTATION OF PLAQUES HONORING OUT-GOING COUNCIL MEMBERS WILLIAM BULLOCK, IVAN LUDEMAN AND KRISTAL STOKES FOR THEIR SERVICE ON THE RICHFIELD CITY COUNCIL 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 CITY MANAGER'S REAPPOINTMENT OF CONNIE MURRAY TO TWO YEAR TERM AS HEARING EXAMINER C.L. 272 B. CONSIDERATION OF APPROVAL OF ADMINISTRATIVE SERVICES AGREEMENT TO REPLACE THE TRUST AGREEMENT WITH-THE ICMA RETIREMENT CORPORATION C.L: 273 C. CONSIDERATION OF APPROVAL OF AWARD OF BIDS FOR SALE AND REMOVAL OF BUILDINGS ADJACENT TO 77TH STREET; 77TH STREET PROJECT C.L. 274 D. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING INITIATION AND CONDEMNATION PROCEEDINGS AGAINST 7645 LYNDALE AVENUE, TOTAL PETROLEUM; 77TH STREET PROJECT C.L. 275 E. CONSIDERATION OF APPROVAL OF SALE OF UNSOLD HOUSES AND GARAGES; 77TH STREET PROJECT C.L. 276 F. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF 7645 PLEASANT AVENUE AND PARTIAL FEE AND TEMPORARY TAKINGS; 77TH STREET PROJECT C.L. 277 G. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING PURCHASE OF 7644 PLEASANT AVENUE; 77TH STREET PROJECT C.L. 278 H. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION WHICH INCLUDES CORRECTION OF MATHEMATICAL IRREGULARITY AND AWARD OF CONTRACT TO E-Z GO TEXTRON OF PLYMOUTH FOR LEASING GOLF CARTS FOR RENTAL PURPOSES AT RICH ACRES GOLF COURSE IN 1993, 1994 AND 1995 FOR ESTIMATED ANNUAL COST OF $19,900 C.L. 279 I. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR THE THREE MUNICIPAL LIQUOR STORES TO PURCHASE VIDEO SURVEILLANCE EQUIPMENT FROM ALPHA VIDEO & AUDIO IN AMOUNT OF $12,636.00 C.L. 280 J. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR CARBON DIOXIDE FOR WATER TREATMENT PLANT FROM KOCH CARBON DIOXIDE FOR UNIT PRICE OF $60.00 PER TON, APPROXIMATELY $12,000 TOTAL C.L. 281 K. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR HYDROFLUOSILICIC ACID FOR WATER TREATMENT PLANT FROM FEED-RITE CONTROL FOR PURCHASE OF APPROXIMATELY 6,000 GALLONS FOR ESTIMATED YEARLY TOTAL OF $7,560.00 C.L. 282 L. FIRST AND FINAL PAYMENT FOR 1992 CONCRETE JOINT REPAIR; PROGRESSIVE CONTRACTORS, INC.; $43,342.85 M. ESTIMATE #5 PAYMENT FOR PARK BUILDING AT JEFFERSON PARK; C.O. FIELD COMPANY; $29,154.55 N. ESTIMATE #2 PAYMENT FOR CONSTRUCTION AND INSTALLATION OF MINIATURE GOLF COURSE; OLYMPIC POOLS, INC.; $2,700.00 0. CONSIDERATION OF APPROVAL OF RENEWAL OF GARBAGE HAULER LICENSE; DICK'S SANITATION SERVICE; 2 VEHICLES P. CONSIDERATION OF APPROVAL OF RENEWAL OF GARBAGE HAULER LICENSE; GALLAGHER'S SERVICE; 2 VEHICLES Q. CONSIDERATION OF APPROVAL OF RENEWAL OF MOTOR VEHICLE DEALERS LICENSE; WALSER IMPORTS PUBLIC HEARINGS 6. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES FOR FRED BABCOCK V.F.W. POST NO. 5555, 710 LAKE SHORE DRIVE • • • COUNCIL LETTER NO. 283 7. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 CLUB ON-SALE AND SUNDAY LIQUOR LICENSES. FOR MINNEAPOLIS-RICHFIELD AMERICAN ob LEGION POST 435, 6501 PORTLAND AVENUE COUNCIL LETTER NO. 284 8. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE AND SUNDAY LIQUOR LICENSES FOR RICHFIELD RESTAURANT ACQUISITION CO., d/b/a CHAMPPS SPORTS CAFE, 790 WEST 66TH STREET COUNCIL LETTER NO. 285 9. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE AND SUNDAY LIQUOR LICENSES FOR PAISAN INCORPORATED, d/b/a KHAN'S MONGOLIAN BARBECUE, 500 EAST 78TH STREET COUNCIL LETTER NO. 286 10. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE AND SUNDAY LIQUOR LICENSES FOR CHI-CHI'S MIDWEST, INC., d/b/a CHI CHI'S MEXICAN RESTAURANTE, 7717 NICOLLET AVENUE COUNCIL LETTER NO. 287 11. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE AND SUNDAY LIQUOR LICENSES FOR GROUND ROUND OF MINN. INC., d/b/a THE GROUND ROUND, 1500 EAST 78TH STREET 0 COUNCIL LETTER NO. 288 12. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR MILLER'S FIRESIDE PIZZA INC., 6736 PENN AVENUE COUNCIL LETTER NO. 289 13. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 ON-SALE WINE AND NON-INTOXICATING MALT LIQUOR LICENSES FOR DAVANNI'S INC., d/b/a DAVANNI'S PIZZA AND HOT HOAGIES, 2312 WEST 66TH STREET COUNCIL LETTER NO. 290 14. PUBLIC HEARING TO CONSIDER ISSUANCE OF 1993 PAWNBROKER LICENSE AND RENEWAL OF SECONDHAND GOODS LICENSE FOR GUARANTY COIN EXCHANGE INC., d/b/a TWIN CITIES GOLD & SILVER, 750 WEST 66TH STREET COUNCIL LETTER NO. 291 15. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 PAWNBROKER AND SECONDHAND GOODS LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE COUNCIL LETTER NO. 292 is 16. PUBLIC HEARING TO CONSIDER RENEWAL OF 1993 PAWNBROKER AND SECONDHAND GOODS LICENSE FOR FIREARMS SYSTEMS AND DESIGN, d/b/a THE GUN SHOP AND PAWNBROKER, 7529 LYNDALE AVENUE COUNCIL LETTER NO. 293 .. RESOLUTIONS 17. CONSIDERATION OF RESOLUTION ESTABLISHING SPECIAL RESERVE FOR ADDITIONAL 1992 LOCAL GOVERNMENT AID PAYMENT COUNCIL LETTER NO. 294 18. CONSIDERATION OF RESOLUTION AWARDING SALE OF $2,165,000 GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS OF 1992 COUNCIL LETTER NO. 295 PROPOSED ORDINANCE 19. CONSIDERATION OF ORDINANCE CODE AMENDMENT TO CITY CODE SECTION 305.01, SUBDIVISION 4 AND 5, REGARDING COMPOSITION AND RESPONSIBILITIES OF THE HUMAN RIGHTS COMMISSION COUNCIL LETTER NO. 296 ADMINISTRATIVE REPORTS & OTHER BUSINESS 20. CONSIDERATION OF FINAL PLANS FOR 77TH STREET RECONSTRUCTION PROJECT FOR SEGMENT FROM I-35W TO PORTLAND AVENUE TO BE SUBMITTED TO MINNESOTA DEPARTMENT OF TRANSPORTATION FOR APPROVAL COUNCIL LETTER NO. 297 21. CONSIDERATION AS TO WHETHER TO HOLD CITY COUNCIL MEETING ON DECEMBER 28, 1992 COUNCIL LETTER NO. 298 AIRPORT BUSINESS 22. AIRPORT STATUS REPORT CORRESPONDENCE 23. LEGISLATIVE REPORT COUNCIL CHOICE 24. COUNCIL DISCUSSION ITEMS 25. CLAIMS AND PAYROLLS ADJOURNMENT • Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. CITY OF RICHFIELD, MINNESOTA Council Letter No. 298 Agenda December 14, 1992 Issue Statement: Council consideration as to whether to hold a City Council meeting on December 28, 1992. Background: The City Council regularly meets the second and fourth Monday of each month. However, items for the December 28 Council meeting can be carried over to January 1993. It is suggested that the regular City Council meeting scheduled for December 28 be cancelled. Recommended Motion: Cancel the regular City Council meeting scheduled for December 28, 1992. Basis of Recommendation: 1. The City Council business can be carried over to January 1993. 2. The December 28 meeting follows the Christmas holiday weekend. Alternative Recommendation: 1. Do not cancel the December 28 City Council meeting. 2. Reschedule the Council meeting. Discussion/Decision Mode: This item has been placed on the December 14, 1992 Council agenda so proper notification can be given if the meeting is cancelled or rescheduled. Respectfully submitted, Jam ysrosser City Manager JDP:cak ?o CITY OF RICHFIELD, MINNESOTA Council Letter No-297 Agenda December 14, 1992 Issue Statement: Approval of final plans for the 77th Street Reconstruction Project for the segment from I-35W to Portland Avenue, to be submitted to the Minnesota Department of Transportation for approval. Background: BRW and OSM have prepared final plans for the 77th Street Reconstruction Project for the segment from I-35W to Portland Avenue. The plans provide design solutions to the issues raised in the environmental assessment that the Federal Highway Administration approved in July 1992. The City Council needs to approve the final plans so that they can be submitted for approval by the Minnesota Department of Transportation in time for the Project to be let for construction in the spring of 1993. The construction cost estimate for Stage I is $8,10.7,800. This estimate is still preliminary and a final engineer's estimate will be prepared when all of the construction quantities are known. A breakdown of construction costs is attached for Council review. Key features of the final plans for 77th Street include: ? a four-lane divided road with protected left-turn lanes; • ? nine loop streets just north of 77th Street; ? limited openings in the raised medians for left-turn access to properties on the south side of 77th Street; ? a 12-foot high noisewall on the north side of 77th Street to protect residential areas; ? breaks in the noisewall to provide pedestrian crossings at Colfax, Pillsbury, Second, and Fourth Avenues; ? three traffic signals at the east ramp on 76th Street to I-35W, and where 77th Street crosses Lyndale and Nicollet. Avenues (signals will be installed at Portland and 12th Avenues as part of Phase II of the Project); ? a new storm sewer to solve storm drainage problems along 77th Street and to provide additional relief to the area north of 77th Street; ? a flashing railroad signal with roadway gates where 77th Street crosses the Soo Line Railroad tracks; ? extensive landscaping in the raised median, on both sides of the noisewall, and in the boulevard on the south side of 77th Street; ? power lines to be buried underground in certain areas; and, ? a left-turn lane on Lyndale Avenue to relieve traffic congestion. The final plans contain a left-turn lane on Lyndale Avenue to solve the high demand forecasted on Lyndale Avenue at 77th Street. This refinement was needed to comply with state and federal standards. The left-turn lane will be added by widening Lyndale Avenue to the east. This will eliminate some on-street parking on the east side of the 7600 block of Lyndale Avenue and impact a commercial building located on the east side of Lyndale Avenue requiring changes in the property's on-site traffic circulation plan and the loss of some parking stalls. aD The development of the final plans is the result of an extensive public involvement process. All businesses, with one exception, • whose access will be affected by the new 77th Street have met with City and BRW staff. City staff have not been able to meet with the owner of one apartment building. In this case, a letter has been sent to the owner and an opportunity to meet to discuss access concerns has been offered. Residents have been given several opportunities to comment on the plan: a public hearing on the environmental assessment; two neighborhood meetings on design; meetings with individual property owners affected by the loop streets; and, three newsletters describing progress in designing the project have been mailed to over 1,400 residents and property owners. The City Council asked that the issue of adding right-turn lanes on 77th Street at major intersections, in particular Lyndale and Portland Avenues, be considered. BRW has reviewed the impacts of this proposal in an attached report. At the December 14 Council meeting, Tony Heppelmann of BRW will be available to answer questions concerning the recommendation not to add right-turn lanes on 77th Street at these intersections. The report also considers right turns at Nicollet Avenue because Nicollet Avenue carries traffic similar to Portland and Lyndale Avenues until the I-494 improvements close the Nicollet Avenue interchange. In brief, BRW reasoned that: • ? an acceptable level of service can be provided at these intersections without right-turn lanes; ? the addition of right-turn lanes only provides a marginal improvement in the level of service at these intersections; ? a right-turn lane provides only a marginal improvement in safety at these intersections; ? the cost of right-of-way acquisition for all or part of two businesses was high; and, ? the need for right-turn lanes can be reevaluated at these locations when redevelopment in the area takes place or when I- 494 is improved. Recommended Motion: Approve the final plans for 77th Street Reconstruction Project from I-35W to Portland Avenue as submitted. Basis of Recommendation: 1. The recommended plans reflect refinements in the design as a result of extensive public involvement. 2. The project is consistent with the City's Comprehensive Plan by providing a major east-west minor arterial paralleling I-494 to protect Richfield's residential neighborhoods from commercial through traffic. 3. The plans will enable Richfield to intensify commercial development south of 77th Street to enhance the City's tax base. c)D-c?_ Alternative Recommendation: Modify the plan to add right-turn lanes at Lyndale and Portland . Avenues. City staff does not recommend this because it requires the purchase of additional commercial property without significantly improving traffic operations. Discussion/Decision Mode: A decision is needed December 14 for a spring, 1993 construction to keep the project on schedule start. Respectf y submitted, James 1D.rosser City Manager JDP:ds Attachments • 0 ao-3 77th STREET STAGE I COST ESTIMATE DECEMBER 7, 1992 • ITEM AMOUNT ROADWAY CONSTRUCTION 77th STREET $2 ,000,000 LOOP STREETS' $ 200,000 WATERMAIN $ 287,000 SANITARY SEWER $ 200,400 STORM SEWER $1 ,600,000 SIGNALS $ 360,000 LIGHTING $ 400,000 SIGNING $ 40,000 STAGING @ TRAFFIC CONTROL $ 115,000 NOISEWALL $ 955,000 LANDSCAPING $ 657,000 PARK RESTORATION $ 180,000 RR CROSSING & SIGNAL $ 260,000 CONTINGENCY (10%) $ 729,400 BURY NSP POWER LINES $ 124,000 TOTAL $8 ,107,800 Note: Costs have increased since the previous estimate: ? Increased storm sewer work will be eligible for federal funding; ? Amount of landscaping has increased; ? Scope of work at railroad crossing has increased; ? Costs of Roosevelt Park restoration are included; ? Costs of burying NSP power lines have been added but are not eligible for federal funds; and, ? Provision for a 10% contingency is included. 0 ao-y B R W INC. Planning Transportation Engineering Urban Design • Thresher Square 700 Third Street So. .Minneapolis, MN 55415 '612/370-0700 Fax 612/370-1378 Minneapolis Phoenix Denver Orlando San Diego Seattle Donald W. Ringrose Richard P. Wolsfeld Peter E. Jarvis Thomas F. Carroll Craig A. Amundsen Donald E. Hunt John B. McNamara Richard D. Pilgrim Dale N. Beckmann Jeffrey L. Benson • Ralph C. Blum Gary J. Erickson John C. Lynch Paul N. Bay DATE: December 8, 1992 TO: Mike Easding, City Engineer FROM: Tony Heppelmann, PE RE: Right-Turn Lanes on 77th Street The purpose of this memorandum is to address the issue of right-turn lanes on 77th Street at the intersections with Portland and Lyndale Avenues as requested by the City Council. The issue of adding right-turn lanes to the intersections of Lyndale and Portland Avenues is primarily an issue of cost versus benefit. The potential benefits of adding a right-turn lane include an improvement in the level of service at the intersection and a potential reduction in the number of accidents. The two major costs involved include the cost of construction and the cost of additional right-of-way. Based on an analysis of these issues BRW concluded that the addition of right-turn lanes to these intersections would only provide a marginal improvement in the level of service, at a fairly. significant cost for right-of-way and therefore were not warranted. FORECAST LEVEL OF SERVICE Table 1 shows the forecast level of service at the Lyndale, Nicollet, and Portland Avenue intersections for the year 1996, the year 2005 and the year 2015. Intersection level of service is rated "A" through "F". Level of service "A" is the highest level of service and represents the greatest degree of driver freedom and lowest intersection delay. Level of service "F" represents the worst conditions, which are characterized by severely limited driver freedom, a high degree of driver discomfort and high intersection delay. Level of service "D" is considered the minimum acceptable level of service at an at-grade intersection in an urban area. CX)-'5 • Mike Eastling December 8, 1992 Page 2 TABLE 1 FORECAST INTERSECTION LEVEL OF SERVICE Year 1996 Year 2005 Year 2005 Year 2015 Without I-494 Without 1-494 With 1-494 With I-494 Intersection Improvements Improvements Improvements Improvements Lyndalen7th St. C 1/ D 1/ C 1/ C 1/ Nicollet177th St. C E C C Portland/77th St. C D C 2/ D 21 1/ Assumes left-turn lane on Lyndale Avenue. 2/ Assumes widening of Portland Avenue. It is assumed that I-494 would not be reconstructed in the year 1996 but may be reconstructed 'by the year 2005. It is assumed that I-494 would be reconstructed by the year 2015. The analysis assumes a left-turn lane is added to Lyndale Avenue at 77th Street with this project. It is assumed that additional improvements will be made to this intersection, such as double left- turn lanes on the south approach, with the I-494 reconstruction project. It is also assumed that Portland Avenue will be widened with the I-494 reconstruction project. An acceptable level of service can be provided in all cases without right-turn lanes on 77th Street, except at the Nicollet Avenue/77th Street intersection in the year 2005 without the reconstruction of I-494. A right-turn lane at this location would not significantly improve the forecast level of service. The addition of right-turn lanes only provides a marginal improvement in the level of service forecast at these intersections, whereas the addition of left-turn lanes provides a significant improvement. In most cases the addition of right- turn lanes is not enough to change the level of service by even one grade. A left-turn made from a through lane can be the equivalent of five through . vehicles if the opposing volume is high. Adding a left-turn lane will have the c2V - ?2 0 Mike Eastling December 8, 1992 Page 3 same effect as removing 5 times as many through vehicles. Because right-turns are not in conflict with other movements they have about the same effect on the intersection level of service as through traffic. Although right-turn lanes have the potential to reduce accidents by providing an area for deceleration, the improvement in safety would be minimal for 77th Street. Another consideration relative to safety is driver expectation, which will affect the drivers alertness and reaction to different situations. If a right- turn lane is added at Portland Avenue or Lyndale Avenue drivers may expect right-turn lanes at all of the major intersections on 77th Street including the Nicollet Avenue intersection. RIGHT-OF-WAY COSTS • The addition of a right-turn lane for eastbound 77th Street traffic at Lyndale and Portland Avenues will require the acquisition of additional right-of-way. To accurately determine the cost of purchasing the additional right-of-way would require appraisals of the affected properties. However, it is probable that the additional right-of-way needed for the right-turn lanes would mean the total acquisition of the Conoco Gas Station and potentially Elsen's Service Garage. A strip of land would also be required from the properties to the west. The 1992 estimated market value of the affected properties is approximately $940,000.00. If total acquisition of the properties is required the right-of-way and relocation costs may be up to 2 times the assessors market value. A right-turn lane at Nicollet Avenue would require right-of-way from Embers and the apartment building to the west. These costs were not included in the above estimates. 0 ab -? 0 Mike Eastling December 8, 1992 Page 4 CONCLUSION Based on the above discussion BRW has concluded that right-turn lanes at Lyndale and Portland Avenues are not warranted for the following reasons. • An acceptable level of service can be provided at these intersections without right-turn lanes. • The addition of right-turn lanes only provide a marginal improvement in the level of service at these intersections. • The addition of right-turn lanes only provide a marginal improvement in the safety at these intersections which could be offset if right-turn lanes are not provided at other similar locations on 77th Street. • The addition of right-turn lanes at Lyndale and Portland Avenues may require the total acquisition of Conoco and Elsen's Service Garage with potential right-of-way costs approaching one million dollars. The need for right-turn lanes at these locations should be reevaluated when redevelopment in the area takes place or when the improvements to I-494 are made. It is possible that the right-of-way needed for the turn lanes could be acquired at a more reasonable cost at that time because of other changes. TWch 011933 l? u /q CITY OF RICHFIELD, MINNESOTA • Council Letter No.296 Agenda December 14, 1992 Issue Statement: First reading consideration of an ordinance code amendment to City Code Section 305.01, subdivisions 4 and 5, regarding composition and responsibilities of the Human Rights Commission. Background: Recently, members of the Richfield Human Rights Commission reviewed the ordinance code provisions which govern the membership and responsibilities of the Commission. Two issues were identified by the Commission which they believed needed modification. Composition of the Commission Section 305, subdivision 4, now states that the two youth members to the Commission shall not be considered when determining a quorum. The proposed ordinance amendment here would strike that language and state that the youth members be given all rights, privileges and responsibilities granted to other appointed members. In essence, this would ensure that the youth Commissioners are equal and full members of the Commission. Commission Responsibilities The Human Rights Commission has sponsored an Ethnic Day Celebration for Richfield for the past few years. In addition, the Commission annually determines a Citizen of the Year award, and participates in other activities that permit ethnic and cultural diversity. Currently, the ordinance does not specifically provide for the Commission to undertake or sponsor such events. The proposed ordinance amendment would provide that the Commission shall develop and implement programs that enhance the advancement of human rights in the community and promote an awareness of an appreciation for cultural diversity. It is the Commission's belief that programs such as these are a critical part of the Commission's responsibility. Recommended Motion: Adopt first reading consideration of the proposed amendment to City Code Section 305.01, subdivisions 4 and 5, and schedule second reading consideration and public hearing for January 11, 1993. Basis for Recommendation: 1. The Human Rights Commission has considered these two issues and unanimously recommends adoption of the proposed amendments. 2. Youth members to the Commission are voting members that should be considered for a quorum and be subject to full participation. 3. Events such as the Ethnic Day Celebration have been conducted • in the past and have been extremely successful and will be sponsored in the future. The proposed language gives an ordinance basis for the activity. Alternative Recommendation: 1. Make no amendments to the ordinance and leave the language as it now stands. Discussion/Decision Mode: It is suggested that the first reading consideration be given to this ordinance amendment on December 14, 1992 to allow adequate time for second reading consideration before new members join the Commission in February 1993. Respectfully submitted, James Prosser City M ager JDP:cak 0 n U l9-a BILL NO. AMENDMENT TO SECTION 305 OF THE CITY CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 305 of the City Code of the City of Richfield entitled "Administration; commission; boards" is hereby amended as follows: Section 305.01. Establishment of Human Rights Commission Subd. 4. Composition of the commission. The commission consists of thirteen members appointed by the council. Eleven members shall be appointed for terms of three years, except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor in that term was appointed shall be appointed only for the remainder of such, and (ii) two persons shall be appointed as "youth" members for one year terms. The two youth members shall be given all rights, privileges and responsibilities granted to the other appointed members. Upon the expiration of the member's term of office, a member shall continue to serve until a successor is appointed and qualifies. Members serve without compensation and may be removed from office at any time by the council, but after a public hearing if a hearing is requested by the member whose removal is being considered. Youth members shall Tot-mac--considered wh determining a quorum. Subd. 5. Commission's responsibilities. The commission shall: (h) develop and implement programs that enhance the advancement of human rights in the community and that promote an awareness of and appreciation for cultural diversity. Passed by the City Council of the City of Richfield, Minnesota this day of , 1993. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk Richfield City Code 305.01 (Rev.3-24-90) l Section 305 - Administration; commissions; boards 305.01. Establishment of human rights commission. Subdivision 1. Scope of section. It is declared that it is the public policy of the city to fulfill its responsibilities as a partner of the state department of human rights in secur- ing for all citizens equal opportunity in housing, employment, public accommo- dations, public services and education, and to fully implement those goals set forth in Minnesota Statutes, chapter 363, the Minnesota Human Rights Art. Subd. 2. Establishment of commission. There is established and continued a human rights commission. Subd. 3. Purpose of commission. The purpose of the commission is to secure for all citizens equal opportunity in employment, housing, public accom- modations, public services and education and full participation in the affairs of this community and to take appropriate action consistent with the Minnesota Human Rights Act. The commission shall also advise the city council on long range programs to improve human relations in the city. • Subd. 4. Composition of the commission. The commission consists of thirteen members appointed by the council. Eleven members shall. be appointed for terms of three years, except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor in that term was appointed shall be appointed only for the remainder of such, and (ii) two persons shall be appointed as "youth" members for one year terms. Upon the expiration of the member's term of office, a member shall continue to serve until a successor is appointed and qualifies. Members serve without compensation and may be removed from office at any time by the council, but after a public hearing if a hearing is requested by the member whose removal is being considered. Youth members shall not be considered when determining a quorum. (Amended, Bill No. 1990-2) Subd. 5. Commission's responsibilities. The commission shall: (a) adopt bylaws and rules for the conduct to its affairs including the election, assumption of duties and definition of responsibilities of officers and committees; (b) engage in discussions with the state department of human rights for the purpose of delineating cooperative regulatory and enforcement procedures; (c) enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities; area of civil and human rights; (d) formulate a human relations program for the city to provide increased effectiveness and direction to the work of' 411 individuals and agencies address- ing themselves to planning, policy making and educational programming in the 40 q_ q Richfield City Code 305.01, Subd. 6 0 (e) advise the city council and other agencies of the government on human relations and civil rights problems and act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community; (f) study, investigate and assist in eliminating alleged violation of Minnesota Statutes, chapter 363 by conference, conciliation and persuasion, and when necessary, cooperate with the state department of human rights in enforcing the provisions of the state act; and (g) develop such programs of formal and information education as will assist in the implementation of the Minnesota Human Rights Act and foster the commission's assumption of leadership in recognizing and resolving potential human rights problems in the community. Subd. 6. Investigations, enforcement, penalties. The commission may receive and investigate complaints of alleged violations of this section. Investigations shall conform to the No Fault Grievance Process formulated by the State Department of Human Rights. Subd. 7. Adoption by reference. Minnesota Statutes, chapter 363 is adopted by reference and made a part of this subsection as is fully set forth herein. 305.03. Joint police and fire civil service commission. Subdivision 1. Single commission created and continued. The police civil service commission and the fire civil service commission of the city have been combined to form a single commission. Subd. 2. Duties. The joint commission is created and continued and serves as both police civil service commission and firemen's civil service commission. Subd. 3. Membership. The joint commission consists of three members appointed for staggered terms in the same manner, for the same terms, and with the same qualifications as a police civil service commission under Minnesota Statutes, sections 419.01 to 419.18. Terms of commissioners are for three years commencing on February 1 of the year of appointment. U 19 CITY OF RICHFIELD, MINNESOTA Council Letter No.295 Agenda December 14, 1992 Issue Statement: City Council adoption of a resolution awarding the sale of $2,165,000 General Obligation Storm Sewer Revenue Refunding Bonds of 1992. Background: On October 26, 1992 the City Council authorized the sale of $2,165,000 current refunding bonds. The bond sale was authorized to refund a $2,525,000 General Obligation Storm Sewer Revenue Bond which was originally sold in 1986. The differential in the interest rates available today as compared to the net interest rate of the outstanding bonds provides for approximately $100- 110,000 savings over the term of the bonds. The resolutions awarding the sale of the refunding bonds are extremely complex. In addition, the sale of the bonds is taking place on Monday, December 14 at approximately 11:00 a.m. Thus, the exact text of the resolutions will not be available until after the sale of the bonds. Resolutions will be distributed just prior to the December 14 City Council meeting. The resolutions will not only provide sale of the bond issue, but will also form and specification of the bonds, delivery and provide for payment. authority for awarding the give authority to fix the direct their execution and After completing all necessary presale procedures, including the legal notice of bond reading information, interviews and legal opinion, the bond sale is ready to take place on December 14, 1992 as authorized and advertised. Bids and relevant data will be compiled by representatives of Evensen Dodge, Inc., for presentation to the City Council at the regular City Council meeting of December 14, 1992. In order to have the most current bond quotation possible prior to the bid award, it is customary practice to open the bids the day of the award. In addition, the. market fluctuations of the past several weeks have made the precise sale date of the bonds a matter which has been considered on a week by week basis. The sale set for December 14 should provide the City with its best interest rate. Recommended Motion: Adopt the attached resolution awarding the sale of $2,165,000 General Obligation Storm Sewer Revenue Refunding Bonds of 1992. Basis for Recommendation: 1. The bond sale was authorized by the City Council on October 26, 1992. . 2. The bond sale has been conducted pursuant to Minnesota Statutes and the Internal Revenue Code. I5-1 3. The current refunding of the bond issue will provide a net • present value savings for the City of Richfield. Alternative Recommendation: 1. There is no alternative recommendation if the City wishes to continue with the bond sale. 2. The City may decide not to sell these advanced refunding bonds if the interest rate is an unfavorable one. Discussion/Decision Mode: The City Council should act immediately to confirm the bond sale if it is decided favorable so that the entire process may be concluded prior to the end of the year. Respectful submitted, James Prosser City M ger JDP:ds I L DEC 10 '92-16:23 HOLMES & GRAVEN P.2 l?-a • Extract of Minutes of Meeting of the City Council of the City of Richfield, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Richfield, Minnesota, was duly held in the City Hall in said City on Monday, December 14, 1992, commencing at 7:00 P.M. The following members were present: and the following were absent: I I The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $?_ General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Terms of Proposal of the Bonds. The bids were as follows: sJ244b78 AC145-215 DEC 10 '92 16:23 HOLMES & GRAVEN P.3 16,3 4 i. After due consideration of the bids, Member then introduced the following written resolution and moved its adoption the reading of which had been dispensed with by unanimous consent : RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $ GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS, SERIES 1992A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Hennepin i County, Minnesota (City) as follows : + Section 1. Sale of Bonds. 1.01. All actions of Evensen Dodge, Inc. in negotiating the sale of the Bonds (as hereinafter defined), including variations in the Official Terms of Proposal therefor, are ratified and confirmed. The bid of (Purchaser) to purchase $ General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A (Bonds) of the City described in the Official Terms • of Proposal thereof is determined to be the reasonable and is accepted, the bid being to purchase the Bonds at a price of $_, - plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity' Rate Maturit Rate 1994 2001 1995 2002 1996 2003 1997 2004 1998 2005 1999 2006 2000 2007 Net effective interest rate: ??. 1.02. The sum of $ being the amount bid by the Purchaser in excess of $ is credited to the Debt Service Fund hereinafter created. The. City Finance Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $ , originally dated December 1,. 1992, in the denomination of • $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: an44678 RC165-215 DEC 10 '92 16:24 HOLMES & GRAVEN Year Amount 1999 1995 1996 1997 1998 1999 2000 Year 2001 2002 2003 2004 2005 2006 2007 P. 4 18-q Amount 1.04. Optional Redem Lion . The City may elect on February 1, 2001 and on any interest payment date thereafter to prepay Bonds maturing on or after February 1 2002,. Redemption maybe in whole or in part.of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the City will notify the Depository Trust Company of the particular amount of such maturity to be prepaid. All payments will be at a price of par plus accrued interest. Section 2. Re stratian and Payment . 0 2.01. Re 'stered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1993, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows : (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written Instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds SJZ44678 AC145-215 DEC 10 '92 16:24 HOLMES & GRAVEN P.5 of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any -transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Im ro er or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and . effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid . (g) Taxes, Fees and Chaff. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, stolen or Destr2yed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the, Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, In which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment, s.7Bdi678 RC145-215 DEC 10 '92 16:25 HOLMES & GRAVEN P.6 18- h i! (i) Redemption. In the event any of the Bonds are called for re- demption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2..04.., Appointment of Initial Registrar. The. City appoints the Finance Manager of the City as the initial Registrar. In the event the Bonds are no longer registered in the name of a securities depositary as provided in Section 8 hereof, the Finance Manager may continue as Registrar, or the Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the successor Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. on or before each principal or interest due date, without further order of this Council, the Finance Manager must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Deliver. The Bonds will be prepared under the direction of the City. Clerk and executed on behalf of the City by the signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery . Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Regis- trar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolu- tion. When tho Bonds have been so prepared, executed and authenticated, the Finance Manager shall deliver the same to the Purchaser upon payment of the pur- chase price in s ccordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. SJB44678 Bc:.as-215 DEC 10 '92 16:26 HOLMES & GRAVEN P.7 p S1 Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: Face of the Bond] UNITED S'P'ATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BOND, SERIES 1992 Date of Rate Maturity Original Issue CU SIP December 1, 1992 No. R- $ Registered Owner: Cede & Company The City of Richfield, Minnesota, a duly organized and existing municipal 'corporation in Hennepin County, Minnesota ( City) , acknowledges itself to be • indebted' and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1993, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the Finance Manager of the City of Richfield, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. The City may elect on February 1, 2041 and on any interest payment date thereafter to prepay Bonds maturing on or after February 1, 2002. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the City will notify the Depository Trust Company of the particular amount of such maturity to be prepaid. All payments will be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obliga- tions" within the meaning of section 265(b) (3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. SJB44678 RC145-215 DEC 10 '92 16:27 HOLMES & GRAVEN P.8 ?• Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place . This Bond is not valid or obligatory for any purpose or entitled to any, security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature. of one of its i authorized representatives. IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF RICHFIELD, MINNESOTA (Facsimile) (Facsimile) City Manager Mayor i CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative j [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $_,_ ail of like original issue date and tenor, except as to number, maturity date, redemp- tion privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on December 14, 1992 (the Resolution), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, and the City's home rule charter, including Minnesota Statutes, Sections 475.67 and 444.075, and the principal hereof and interest hereon are payable primarily from net revenues of the storm sewer, water and sanitary sewer system of the City (collectively, Utilities) in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues of the Utilities pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are Issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single matu- rities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the Utilities free from couipeULluu by othor like utiliticas that adOq-uate inat.srannA on the Utilities M44678 RC145-215 DEC 10 '92 16:27 HOLMES & GRAVEN (S-q P.9 • and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to he Storm Sewer Fund, Water Fund and Sanitary Sewer Fund; that it will pay Storm Sewer Fund all of the gross revenues maintain a the General Obligation St rYn Sewer (Utility) ; that it will also create and main Revenue Refunding Bonds, Series 1992A Debt Service Account in the Storm Sewer Fund, into which it will pay; out of the net revenues from the Utilities a sum sufficient to pay principal hereof and interest hereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in such net revenues. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither • the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to mare it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal, opinion rendered by bond counsel on the issue of Bonds of the City of Richfield, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk SJB44678 RC145-215 fob- DEC 10 '92 16:29 HOLMES & GRAVEN P.10 J ? - oo I The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations : TEN COM -- as tenants UNIF GIFT MIN ACT (Gust)?.^_ Custodian -(Min- or in common ) TEN ENT as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN - as joint tenants with right of survivorship and Act . . . . not as tenants in common- {State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated : Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature .Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: 83844678 RC145-215 (Include information for all joint owners if this Bond is held by joint account. ) DEC 10 '92 16:29 HOLMES & GRAVEN P.11 S- (? Please insert social security or other identifying number of assignee 3.02. The City clerk is authorized and directed to obtain a COPY of o he proposed approving legal opinion of Holmes & Graven, Chartered, Wnneap Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the form of Bond. The City Clerk is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices.. Section 4. payment: Security • Pledges and Covenants - 4.01. The City shall create and continue to operate its Storm Sewer Fund to which shall be credited all gross revenues of the storm sewer system of the City (Utility) and out of which shall be paid all normal and reasonable expenses of current operations of the Utility. Any balance therein shall be deemed net revenues (Net Revenues) and shall be transferred from time to time to a General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A Debt Service Account (Debt Service Account) hereby created in the Storm Sewer Fund, which fund shall be used only. to pay principal of and interest on the Bonds and any other bonds similarly authorized. The City shall also continue to operate its Water Fund and Sanitary Sewer Fund and Net Revenues (as herein defined) of those Funds are hereby pledged to the Debt Service Account. (The storm sewer, water and sanitary sewer systems of the City . are referred to herein collectively as the Utilities.) There shall always be retained in the Debt Service Account a sufficient amount to pay principal of and interest on all the Bonds, and the Finance Manager shall report any current or anticipated defi- ciency in the Debt Service Account to the City Council. Net revenues of the Utilities not needed for the purpose of the Debt Service Account shall be retained in the Storm Sewer Fund, Water Fund or Sanitary Sewer Fund, respectively, for the use of those Funds or for other corporate purposes permitted by law or charter. 4.02. It is determined that estimated collection of Net Revenues of the Utilities for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Clerk is directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (Proceeds) for payment of the Refunded Bonds that an irrevocable appropriation to the debt service fund for the Refunded Bonds shall have been made within the meaning of Section 475.61, Subdivision 3 of the Act and the City Clerk is hereby authorized and directed to certify such fact to and request the County Auditor to cannc31 any and all tox levies made by the resolution authorizing and approving the Refunded Bonds. 4.05. The City Council covenants and agrees with the holders of the Bonds that so long as, any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements : aa64676 RM45-225 DEC 10 '92 16:29 HOLMES & GRAVEN P.12 • (a) The City will continue to maintain and efficiently operate the Utilities as public utilities and conveniences free from competition of other like sited in bank utilities and will cause all revenues therefrom to be depo accounts and credited to the Utilities accounts as hereinabove provided, and will make no expenditures from said accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Account as a separate account in the Storm Sewer Fund and will cause money to be credited thereto from time to time, out of Net Revenues from the Utilities, in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the Utilities and which shall be open to inspection and copying by any bondholder, the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account shall be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause all persons handling revenues of the Utilities to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the i operations of the Utilities to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law . (e) The Council will keep the Utilities insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the Utilities as required by the laws of the State of Minnesota . (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, section 441.075 at the times and in the amounts required to produce Net Revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in Net.Revenues pledged for payment of the Bonds, Section 5 . Refundin : Findings: Redemption of Refunded Bonds . • 5.01. The Refunded Bonds are the. General Obligation Storm Sewer Revenue Bonds, Series 1986A of the City, dated March 1, 1986, of which $2,094,000 in principal amount is callable on February 1, 1993. It is hereby found and determined SJB44678 RC145-215 DEC 10 '92 16:30 HOLMES & GRAVEN (S-3 P.13 that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality 5.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 1994 Rand efunded thereafter shall be. redeemed and prepaid on February 1, 1993. The Bonds shall be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment A which terms and conditions are hereby approved and incorporated herein by reference. The City is hereby authorized and directed to forthwith publish the Notice of Call for Redemption in a publication qualified under Section 475.54 of Minnesota Statutes and to send written notices of call to the paying agent for the Refunded Bonds, provided that published notice alone shall be effective. 5.04. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds shall remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Section 6. Authentication of Transcript . 8.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. S. 02, The Mayor, Manager and Finance Manager are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate repre- sentation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or 9JH44679 RC145-213 DEC 10 '92 16:31 HOLMES & GRAVEN P.14 Ig-lq agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code)) and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure Treasury such interest Rewill gulations, become subject to taxation under the Code and applicable presently existing or as hereafter amended and made applicable to the Bonds. 7.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without ]imitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if, the Bonds (together with other obligations reasonably expected to be issued` in calendar ° year 1992) exceed the small-issuer exception amount of $6,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of .all tax-exempt bonds (other than private activity bonds) Issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5, 000, 000, all within the meaning of Section 148 (f ) (4) (C) of the Code. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause- or permit them or any of them to be used, in such a manner as to cause the • Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations : . (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (e) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1892 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1992 have been designated for purposes of Section 266(b)(3) of the Code. 7.05. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this • section. 3044678 FtC145-"5 DEC 10 '92 16:31 HOLMES & GRAVEN R.15 f '?Jjs 10 Section S. Book-Ent S stem; Limited Oblition of Cit 8.01. The Bonds shall be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Bond Section 1.03 hereof. Upon initial ?Q ? a ?e , t he h? ?o? pReof each gistrar in the name olf be registered in the registration p l?ew York, New York, Cede & Co., as nominee for The Depository Trust Company, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds shall be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent shall have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Partidipant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying . Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, shall receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," shall refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Manager shall promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Finance Manager . 8.03. Representation Letter . The form of representation letter proposed to be submitted to DTC, which is on file with the Finance Manager and presented to this meeting (Representation Letter), is hereby approved, and the Finance Manager is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the Finance Manager and the City Attorney may approve, which approval shall be conclusively evidenced by the execution thereof . Any Paying Agent or Bond Registrar subsequently . appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation letter with SJB44678 RC145-215 DEC 10 '92 16:32 HOLMES & GRAVEN 1 !0 P.16 l8- l h respect to the Bond registrar and Paying Agent, respectively, to at all times to complied with. 8.04. Transfers Outside Book-Entry Sys tem. In the event the City, by resolution of the City council, determines that it jr, in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is ;appointed, the City shall issue and the Bond Registrar shall authenticate Bond certificates in accordance with this resolution and the provisions hereof shall apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co. , as nominee of DT C, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively in the manner provided in the Representation Letter. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof : and the following voted against the same : whereupon said resolution was declared duly passed and adopted. 53844678 AC145-215 DEC 10 192 16:33 HOLMES & GRAVEN l STATE OF MINNESOTA j COUNTY OF HENNEPIN ) SS. } CTTY OF RICHFIELD } P.17 I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on December 14, 1992 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Storm Sewer Revenue Refunding Bonds, Series 1992A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the city this day of , 1992. 1 (SEAL) City Clerk Richfield, Minnesota 8JM44678 RC145-215 DEC 10 192 16:33 HOLMES & GRAVEN P.18 ATTACHMENT A NOTICE OF CALL FOR REDEMPTION $2,525,000 GENERAL SEWER REVENUE BOND So 1986A CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Hennepin County, Minnesota, there have been called for redemption and prepayment on February 1, 1993 all outstanding bonds of the City designated as General Obligation Storm Sewer stated maturity dates havin 6 g , Revenue Bonds, Series 1986A, dated March 1, 198 both inclusive, totalling $2,090,000 1994 through 2007 h , e years of February 1 in t In principal amount, and with the following CUSIP numbers: Year CUSIP Year CUS1 1994 763325 2001 2002 763325 _ 763325 1995 1996 763325 763325 _ 2003 763325 763325 1997 763325 763325 2004 2005 763325 1998 1999 763325 2006 763325 763325 2000 763325 2007 The bonds are being called at a price of par plus a premium of 1 percent of the principal amount redeemed, plus accrued interest to February 1, 1993, on which date all interest on said bonds will cease to accrue . Holders of the bonds the hereby called office for redemption are requested to present their bonds for payment of American National Bank and Trust Company, in the City of St. Paul, Minnesota, on or before February 1, 1993. Dated: -, 1992. BY ORDER OF THE CITY COUNCIL By City Clerk City of Richfield, Minnesota Further Information: 222 South Nan Dodge, SInc. treet, Suite 3800 Minneapolis, MN 55402 612-338-3535 800-328-8200 SJB44678 8C145-215 /7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 294 Agenda December 14, 1992 Issue Statement: Resolution establishing special reserve for additional 1992 Local Government Aid (LGA) payment. Background: The City has received preliminary information that the State of Minnesota will make an additional year end distribution of LGA based on actual revenues collected by the State for 1992. Apparently, the State's revenue collections have exceeded estimates by some $30 million for the current fiscal year, and as part of the Local Government Trust Fund concept would distribute those funds to municipalities throughout the State. To date, no formal notification has been made to the City of Richfield by the State. However, information from the League of Minnesota Cities indicates that the payment will amount to 8?$ of each city's respective certified LGA base for 1992. Under such a formula, the payment to Richfield would be approximately $256,000. This is approximately $220,000 more than initially estimated in the 1992 adopted budget. At the December 7, 1992 City Council meeting, the City Council • discussed the possible uses of such funds based upon suggestions from the City Manager. There appeared to be consensus that if the excess LGA payment is received, it would be set aside as a reserve to offset future LGA cuts which could occur in 1993. The additional funds would also be set aside in a separate investment which could not be used for any purpose without direct City Council authorization. Attached to the Council Letter is a resolution which establishes a procedure for dealing with the additional LGA payment in excess of the certified 1992 LGA allocation. Recommended Motion: Adopt the attached resolution establishing a procedure for dealing with the excess 1992 LGA payment, setting aside a special reserve fund. Basis for Recommendation: 1. The City of Richfield was certified a specific amount of LGA to be received in 1992. 2. It is now apparent the State's revenue for 1992 will exceed the revenue estimate by roughly $30 million. 3. Under the Local Government Trust Fund arrangement, these additional revenues must be distributed to cities across Minnesota. Richfield may receive approximately $256,000 in excess of its 1992 certified LGA. r)- I 4. Since the State of Minnesota is projecting a deficit of $769 million for the next two fiscal years, with the potential for state aids cuts in 1993 and 1994, it would be in the City's best interests to set aside this excess payment in a separate fund to be used to offset future state aid cuts to Richfield. Alternative Recommendation: 1. Use the funds to pay for specific programs or purchases. 2. Use the funds to reduce the City's tax levy for taxes payable in 1994. Discussion/Decision Mode: It is suggested that this resolution be considered on December 14, 1992 so the a Council adopted procedure is in place when the funds are received. Respectful submitted, osser James rager City Ma JDP:ds / 11) -C? RESOLUTION NO. RESOLUTION ESTABLISHING PROCEDURE FOR DEALING WITH ADDITIONAL 1992 LOCAL GOVERNMENT AIDS PAYMENT WHEREAS the City of Richfield was certified to receive $3,015,710 for fiscal year 1992; and WHEREAS the State of Minnesota has received sales and income tax revenues which exceed their fiscal year estimate by $30 million; and WHEREAS the State of Minnesota, under the Local Government Trust Fund Agreement, will distribute the Local Government Aid to cities based upon a formula utilizing the 1992 certified base; and WHEREAS the City of Richfield may receive approximately $256,000 in excess Local Government Aid by year-end 1992; and WHEREAS the State of Minnesota will likely face further revenue shortfalls in the next two year budget period, including immediate shortfalls for the year 1993 which could lead to additional state aid cuts to the City of Richfield and WHEREAS the City of Richfield wishes to set aside any payment received in excess of the certified 1992 Local Government Aid amount to be used as an offset to future Local,Government Aid cuts to the City of Richfield. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Richfield does hereby direct the City Manager to place Local Government Aid funds received for fiscal year 1992 which are in excess of the certified 1992 Local Government Aid in a reserve account to be held in a separate investment instrument. Such funds may only be used at the direct authorization of the City Council. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 V CITY OF RICHFIELD, MINNESOTA Council Letter No. 293 Agenda December 14, 1992 Issue Statement: Renewal of a 1993 Pawnbroker and Secondhand Goods License for Firearm Systems and Design, d/b/a The Gun Shop and Pawnbroker, 7529 Lyndale Avenue. 1( Background: On November 16, 1992, the City received the application and other required documents for the Pawnbroker and Secondhand Goods Dealer license for Firearm Systems and Design. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - Mr. Patrick Teel is owner and manager of this establishment. He has no known criminal record. - Mr. Teel holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and a City Firearms Dealer License. A copy of the Articles of Incorporation and the By-Laws have • been provided and are on file with the City. - The $1,500 bond issued by United Fidelity & Guaranty Company has been submitted. From November 1991 through October 1992, there were ten Public Safety contacts with Firearm Systems and Design. This compares with 19 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff have not received any complaints in 1992. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of Pawnbroker and Secondhand Goods Dealer license for Firearm Systems and Design, d/b/a The Gun Shop and Pawnbroker for 1993. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City Codes pertaining to Pawnbroker and Secondhand Goods • Dealer licensing. 1 (0- ? 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a temporary license to allow the applicant to continue his Pawnbroker and Secondhand Goods Dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Firearm Systems and Design, d/b/a The Gun Shop and Pawnbrokers Secondhand Goods Dealer and Pawnbroker license has been scheduled for December 14, 1992. Their current license will expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be scheduled appropriately. E JDP:ds Respj lly submitted, JameProsser City ger 0 L? PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 THE GUN SHOP AND PAWNBROKER 1991 1992 Total Contacts 19 10 Criminal Contacts 17 10 Alarms (3) (2) Misc. Non-Criminal 2 0 Assists (0) (0) Traffic/Parking (0) (0) Medical/Fire (2) (0) Inspections/Licensing (0) (0) The criminal contacts for 1992 were one found property, two susp. persons, two weapon offenses, two susp. vehicles, one burglary and two alarms. (Numbers in parenthesis are included in total contact figures) 0 fS-" CITY OF RICHFIELD, MINNESOTA Council Letter No.292 Agenda December 14, 1992 Issue Statement: Renewal of a 1993 Pawnbroker and Secondhand Goods license for Plaza Pawn, 6414 Nicollet Avenue. Background: On November 24, 1992, the City received the application and other required documents for the Pawnbroker and Secondhand Goods Dealer license for Plaza Pawn. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - Ms. Dorothy Krieger is the owner of this establishment, and Mr. Hal Krieger is the manager. They have no known criminal records. - Ms. Krieger holds a Federal Firearms License - U. S. Treasury Bureau of Tobacco, Alcohol and Firearms and has a City Firearm Dealer's License. - A copy of the Articles of Incorporation have been provided and • are on file with the City. - The $1,500 bond issued by Truck Insurance Exchange has been submitted. From November 1991 through October 1992, there were ten Public Safety contacts with Plaza Pawn. This compares with ten contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff have not received any complaints in 1992. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Recommended Motion: Approve the renewal of Pawnbroker and Secondhand Goods Dealer license for Plaza Pawn for 1993. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City Codes pertaining to Pawnbroker and Secondhand Goods Dealer licensing. . 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. • Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a temporary license to allow the applicant to continue his Pawnbroker and Secondhand Goods Dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Plaza Pawn's Pawnbroker and Secondhand Goods Dealer license has been scheduled for December 14, 1992. Their current license will expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectfi6)-ly submitted, JDP:ds L? Jame . Prosser City anager 0 (S-0- PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 PLAZA PAWN 1991 1992 Total Contacts 10 10 Criminal contacts 8 9 Alarms (2) (2) Misc.' Non-Criminal 2 1 Assists (1) (1) . Traffic/Parking (0) (0) Medical/Fire (0) (0) Inspections (1) (0) The criminal contacts for 1992 were one found property, two stolen property offense, two recover other agency stolen, two burglary and two alarms. (Numbers in parenthesis are included in total contact figures) • 1q CITY OF RICHFIELD, MINNESOTA • Council Letter No. 291 Agenda December 14, 1992 Issue Statement: Issuance of a 1993 Pawnbroker License and renewal of a Secondhand Goods License for Guaranty Coin Exchange Inc., d/b/a twin Cities Gold & Silver, 750 West 66th Street. Background: On November 20, 1992, the City received the application and other required documents for the Pawnbroker and Secondhand Goods Dealer license for Guaranty.Coin Exchange Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - Mr. John Anderson is the owner of this establishment, and Mr. Charles Lewensten is the manager. They have no known criminal record. - A copy of the Articles of Incorporation and the By-Laws have been provided and are on file with the City. The $1,500 bond issued by United • been submitted. From November 1991 through October Safety contacts with Guaranty Coin with two contacts for the previous contacts is attached to this lette: Fire & Casualty Company has 1992, there were two Public Exchange Inc. This compares year. A breakdown of these C. Environmental health staff have not received any complaints in 1992. Recommended Motion: Approve the renewal of Secondhand Goods Dealer license and issuance of Pawnbroker license for Guaranty Coin Exchange Inc., d/b/a Twin Cities Gold & Silver for 1993. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City Codes pertaining to Pawnbroker and Secondhand Goods Dealer licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: • 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a temporary license to allow I q-1 the applicant to continue his Pawnbroker and Secondhand Goods • Dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the issuance of Guaranty Coin Exchange Inc., d/b/a Twin Cities Gold & Silver Pawnbroker and Secondhand Goods Dealer license has been scheduled for December 14, 1992. There current license will expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be scheduled appropriately. Respectf ly submitted, rosser JameJager City JDP:ds 0 iq-a i PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 TWIN CITIES GOLD & SILVER 1991 1992 Total Contacts 2 2 Criminal Contacts 2 1 Alarms (2) (0) Misc. Non-Criminal 0 1 • Assists (0) (0) Traffic/Parking (0) (1) Medical/Fire (0) (0) Inspections/Licensing (0) (0) The criminal contact for 1992 was one susp. vehicle. (Numbers in parenthesis are included in total contact figures) )3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 290 Agenda December 14, 1992 Issue Statement: Renewal of 1993 On-Sale Wine and Non-Intoxicating Malt Liquor licenses for Davanni's Inc., d/b/a Davanni's Pizza and Hot Hoagies, 2312 West 66th Street. Background: On November 9, 1992, the City received the renewal applications and other required documents for the Wine and Non-Intoxicating Malt Liquor licenses for Davanni's Pizza and Hot Hoagies. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - The corporate structure of the organization remains unchanged from last year. A copy of the list of officers of the corporation is attached to this letter. Ms. Constance Zweber continues to serve as the general manager of the restaurant. None of these individuals has any known criminal record. All general real estate taxes, state sales and withholding taxes have been paid and are current. The building and • property continue to be owned by Hwy #52 Embers Inc., and the lease agreement between the applicant and the landlord continues to be in effect with all payments current. - The applicant has supplied proof of liquor liability insurance coverage. This coverage indicates that Transcontinental Insurance Company is also affording the required liquor liability insurance coverage. The applicant has supplied proof of workers' compensation insurance coverage.. - An accountant's statement has been prepared and submitted by Mr. Robert J. Stupka, C.P.A. This statement covers the period from September 1991 through September 1992 and indicates that food sales accounted for 980 of the total sales, while beer and wine sales accounted for 2% of the total sales. From November 1991 through October 1992, there was one Public Safety contact with Davanni's as compared to four contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period Recommended Motion: Approve the renewal of the 1993 Wine and Non-Intoxicating Malt Liquor licenses for Davanni's Inc., d/b/a Davanni's Pizza & Hot Hoagies. i2>> Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale Wine and Non-Intoxicating Malt Liquor licenses. • 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993,. the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Davanni's Inc., d/b/a Davanni's Pizza & Hot Hoagies, Wine and Non-Intoxicating Malt Liquor licenses has been scheduled for December 14, 1992. Their current licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respect lly submitted, James Prosser City pager JDP:ds 0 13-c)- E PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 DAVANNI'S PIZZA & HOT HOAGIES I• Total Contacts Criminal Contacts "Bar Type" (Included in Crim. Contacts) Misc. Non-Criminal Assists Traffic/Parking Inspections/Licensing 1991 4 3 (0) 1 (0) (0) (1) The criminal contact for 1992 was one drunkenness. 1992 1 1 (1) 0 (0) (0) (0) (Numbers in parenthesis are included in total contact figures) LJ 5-3 • DAVANNI'S PIZZA AND HOT HOAGIES Partners/Officer and Titles: Gladstone M. Stenson - President Roger W. Schelper - Vice President, Secretary Robert W. Carlson - Treasurer 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 289 Agenda December 14, 1992 Issue Statement: Renewal of 1993 On-Sale Wine and Non-Intoxicating Malt Liquor licenses for Miller's Fireside Pizza, Inc., 6736 Penn Avenue. Background: On November 12, 1992, the City received the renewal applications and other required documents for the Wine and Non-Intoxicating Malt Liquor licenses for Miller's Fireside Pizza, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - The corporate structure of the organization remains unchanged from last year. A copy of the list of officers of the corporation is attached to this letter. Mr. David Miller continues to serve as the general manager of the restaurant. None of these individuals has any known criminal record. - All general real estate taxes, state sales and withholding taxes have been paid and are current. The building and • property continue to be owned by the Miller's. - The applicant has supplied proof of liquor liability insurance coverage. This coverage indicates that Transcontinental Insurance Company is also affording the required liquor liability insurance coverage. The applicant will supply proof of workers' compensation insurance coverage as soon as possible. - An accountant's statement has been prepared and submitted by Mr. Richard Ellsworth of the George M. Hanson Company, P.A. This statement covers the period from September 1991 through August 1992 and indicates that food sales accounted for 92% of the total sales, while beer and wine sales accounted for 8% of the total sales. From November 1991 through October 1992 there were five Public Safety contacts with Miller's as compared to six contacts for the previous year. Of these five contacts, one was of a criminal nature and four were non-criminal contacts. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. Recommended Motion: Approve the renewal of the 1993 Wine and Non-Intoxicating Malt • Liquor licenses for Miller's Fireside Pizza, Inc. Basis for Recommendation: . 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale Wine and Non-Intoxicating Malt Liquor licenses. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell wine and non-intoxicating malt liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to.comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Sections 14.57 to 14.70 of the Administrative Procedure Act. • It is the opinion of the Public Safety Department that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the license not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Miller's Fireside Pizza, Inc. Wine and Non-Intoxicating Malt Liquor license has been scheduled for December 14, 1992. Their current licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsquent hearing should be held before the licenses expire. Respectfglly submitted, Jame Prosser City ager JDP:ds PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 MILLER'S FIRESIDE PIZZA • Total Contacts Criminal Contacts 1991 6 3 "Bar Type" (Included in Crim. Contacts) (0) Misc. Non-Criminal 3 Assists (2) Traffic/Parking (0) Inspections/Licensing (0) Medical/Fire (1) 1992 5 1 (0) 4 (2) (0) (0) (2) The criminal contact for 1992 was one robbery. (Numbers in parenthesis are included in total contact figures) 0 • MILLER'S FIRESIDE PIZZA, INC. Partners/Officers Name and Title: David J. Miller - President Lucille Miller - Vice President Lucille Miller - Secretary David J. Miller - Treasurer 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 288 Agenda December 14, 1992 Issue Statement: Renewal of 1993 On-Sale and Sunday liquor licenses for the Ground Round of Minn. Inc., d/b/a The Ground Round, 1500 East 78th Street. Background On November 20, 1992, staff received the renewal applications for On-Sale and Sunday liquor licenses for The Ground Round of Minn. Inc. All required fees have been paid. Public Safety's investigation is complete and reveals the following: There were two individuals added to the Board of Directors in 1992. William Schoener is now serving as President and Gary Serino as Vice-President and Treasurer. A copy of the list of officers of the corporation is attached to this letter. Mr. Richard West continues to serve as the general manager of the restaurant. None of these individuals has any known criminal record. • - All general sales, real estate and withholding taxes have been paid and are current. - The lease with A.G. Bogen (property owner) is in effect and all payments are current. - The $10,000 bond and proof of liquor liability insurance coverage will be submitted by the first week in January. Proof of workers' compensation insurance coverage has been submitted. - A statement has been prepared and submitted by Maryanne Colleran Bowe, C.P.A. This statement covers the period from October 1991 through September 1992 and indicates that food sales accounted for 61% of the total sales, while liquor sales accounted for 39% of the total sales. From November of 1991 through October of 1992, there were 40 Public Safety contacts with the Ground Round. This compares with 38 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received one complaint concerning a fence on the property that has leaves and debris behind it. A letter was sent to The Ground Round of Minn. Inc. and the problem was resolved. There have been no other complaints received since then. i -d Recommended Motion: IS Approve the renewal of the 1993 On-Sale and Sunday Liquor licenses for The Ground Round of Minn. Inc. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes • effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of The Ground Round of Minn. Inc. On-Sale and Sunday Liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. lly submitted, JameAth Prosser City a ager JDP:ds • PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 GROUND ROUND RESTAURANT 1991 .1992 Total Contacts 38 40 Criminal Contacts 21 25 "Bar Type" (Included in Crim. Contacts) (6) (9) Alarm (2) (2) Misc. Non-Criminal 17 15 Assists (15) (9) • Traffic/Parking (2) (2) Inspections/Licensing (0) (0) Medical/Fire (0) (4) The criminal contacts for 1992 were four thefts, two susp. persons, one misc prop/person crime, one vandalism, one warrant, one assault, two domestic, two drunkenness, three noise, one disorderly conduct, one possess rec. & sell property, two vehicle theft, one susp. vehicle, one restraining order, and two alarms. (Numbers in parenthesis are included in total contact figures) 0 THE GROUND ROUND INC. Partners/Officers and Titles: William Schoener - President Frank Puthoff Vice-President & Secretary Gary Serino - Vice-President & Treasurer • 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 287 Agenda December 14, 1992 Issue Statement: Renewal of 1993 on-sale and Sunday liquor licenses for Chi-Chi's Midwest, Inc., d/b/a Chi Chi's Mexican Restaurante, 7717 Nicollet Avenue. Background On November 12, 1992, the City received the renewal applications and other required documents for the on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year. They have undergone a name change, issued stock to a new stockholder and changed officers and directors pursuant to a Chapter 11 bankruptcy reorganization. A copy of the list of officers and directors of the corporation is attached to this letter. Mr. Robert Schmidt is now serving as the General Manager of the restaurant. None of these individuals has any known criminal record. • - All general sales, real estate and withholding taxes have been paid and are current. - The lease agreement between the applicant and the property owner, Maro-Max Company, continues to be in effect with all lease payments being current. - The $10,000 bond issued by Fidelity and Deposit Company of Maryland has been submitted. - The required proof of liquor liability insurance coverage has been received showing Transportation Insurance Company as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied. - An accountant's statement has been prepared and submitted. This statement covers the period from November 1991 through October 1992 and indicates that food sales accounted for 62% of the total sales, while liquor sales accounted for 38% of the total sales. From November 1991 through October 1992, there were 60 Public Safety contacts with Chi Chi's. This compares with 118 contacts for the previous year. A breakdown of these contacts is attached • to this letter. I C)-i Environmental health staff received one complaint in 1992. The complaint was referred to Bloomington sanitarians and corrected. No other complaints have been received by staff. Recommended Motion: Approve the renewal of the 1993 on-sale and Sunday liquor licenses for Chi Chi's Mexican Restaurante. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statute pertaining to on-sale and Sunday liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. C1 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Chi Chi's Mexican Restaurante on-sale and Sunday liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. ly submitted, Respfager Jame rosser City JDP:ds lb-6)- • • PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 CHI CHI'S MEXICAN RESTAURANTE 1991 Total Contacts 118 Total Criminal Contacts 71 "Bar Type" (Included in Crim. Contacts)(31) Alarm (4) 1992 60 42 (20) (3) Misc. Non-Criminal 47 18 Assists (30) (9) Traffic/Parking (10) (5) Inspections/Licensing (0) (1) Medical/Fire (7) (3) The criminal contacts for 1992 were eight thefts, three vandalisms, one warrant, two susp persons, one vehicle theft, one susp. vehicle, one juvenile liquor violation, two DWI's, seven disorderly conduct, four drunkenness, one domestic, three assault, two detox, one found property, one exposure, one harassing tx and three alarms. (Numbers in parenthesis are included in total contact figures) ?0-3 • CHI CHI'S MEXICAN RESTAURANTE Partners/Officer and Titles: James Padgett President Michael Guerra Vice President, Secretary & Treasurer Leo Bradshaw, III Vice President, Assistant Secretary & Assistant Treasurer • 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 286 Agenda December 14, 1992 Issue Statement: Renewal of 1993 On-Sale and Sunday Liquor licenses for Paisan Incorporated, d/b/a Khan's Mongolian Barbecue, 500 East 78th Street. Background: On November 16, 1992, the City received the renewal applications and other required documents for the On-Sale and Sunday Liquor licenses for Khan's Mongolian Barbecue. The applicant has paid the required license fees.. The Public Safety background investigation has been completed and reveals the following: -The corporate structure of the organization remains unchanged from last year. Mr. Mitchal Law continues to serve as the General Manager of the restaurant. Mr. Mitchal Law and Paisan Law are sole owners of the restaurant. Neither of these individuals has any known criminal record. -The lease between the applicant and the property owner, Mr. Roy • A. Bogen, is in effect with all payments current. -All general sales, real estate and withholding taxes have been paid and are current. -The $10,000 bond has not been received but will be submitted as soon as possible. -The required proof of liquor liability insurance and the proof of workers' compensation insurance coverage have not been received but will be submitted as soon as possible. -An accountant's statement has been prepared and submitted. This statement covers the period from August 1992 through October 1992 and indicates that food sales accounted for 91% of the total sales, while liquor sales accounted for 90 of the total sales. -From August 1992 through October 1992 there were seven Public Safety contacts with Khan's. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. Recommended Motion: Approve the renewal of the 1993 On-Sale and Sunday Liquor license 0 for Khan's Mongolian Barbecue. q--) Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale and Sunday Liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Khan's Mongolian Barbecue On-Sale and Sunday Liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. lly submitted, . Prosser Jam M City anaaer JDP:ds 0 q_c), • PUBLIC SAFETY CONTACTS AUGUST 1992 THROUGH OCTOBER 1992 KHAN'S MONGOLIAN BARBECUE Total Contacts 1992 7 Total Criminal Contacts 4 "Bar Type" (Included in Crim. Contacts) (1) Alarm (3) Misc. Non-Criminal 3 • Assists (0) Traffic/Parking (0) Inspections/Licensing (2) Medical/Fire (1) The criminal contacts from August 1992 through October 1992 were one adult/juvenile mischief and three alarms. (Numbers in parenthesis are included in total contact figures) U I • Khan's Mongolian Barbecue Officers and Directors Mitchal Law President and Treasurer Sherri Law Vice-President and Secretary 0 • • CITY OF RICHFIELD, MINNESOTA Council Letter No.285 Agenda December 14, 1992 Issue Statement: Renewal of 1993 On-Sale and Sunday Liquor licenses for Richfield Restaurant Acquisition Co. d/b/a Champps Sports Cafe, 790 West 66th Street. Background: On November 18, 1992, the City received the renewal applications and other required documents for the On-Sale and Sunday Liquor licenses for Champps Sports Cafe. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - The corporate structure of the organization remains unchanged from last year. Mr. Arthur E. Pew III remains the sole owner of the restaurant. Mr. Robert Tinsley is now serving as the general manager of the restaurant. Neither of these individuals has any known criminal record. - All general sales, real estate and withholding taxes have been paid and are current. - The lease between the applicant and the property owner, Market Plaza Commercial Ltd., is in effect with all payments current. - The $10,000 bond issued by Old Republic Surety Company has been submitted. - The required proof of liquor liability insurance coverage has been received showing Park Glen National Company as affording the required coverage. Proof of workers' compensation insurance coverage was also supplied. - An accountant's statement has been prepared and submitted. This statement covers the period from November 1991 through October of 1992 and indicates that food sales accounted for 64% of the total sales, while liquor sales accounted for 36% of the total sales. From November 1991 through October 1992, there were 54 Public Safety contacts with Champps. This compares with 67 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental health staff received five complaints in 1992 regarding Champps. Four complaints related to grease/food odors and were referred to Bloomington sanitarians. One complaint was about diesel trucks loading and unloading with their engines running. There is no ordinance prohibiting trucks from doing this. These have all since been resolved and no further complaints have been received by staff. Recommended Motion: Approve the renewal of the 1993 On-Sale and Sunday Liquor licenses for Champps Sports Cafe. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale and Sunday Liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Champps Sports Cafe On-Sale and Sunday Liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respec ully submitted, Jam D. Prosser City Manager JDP:ds 0 • PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 CHAMPPS SPORTS CAFE 1991 1992 TOTAL CONTACTS 67 54 Total Criminal Contacts 33 40 "Bar Type" (Included in Crim. Contacts) (19) (23) Alarms (7) (6) • Total Misc. Non-Criminal 34 14 Assists (20) (4) Traffic/Parking (9) (4) Inspections/Licensing (0) (0) Medical/Fire (5) (6) The criminal contacts for 1992 were four thefts, three susp. persons, five disorderly conduct, eleven noise complaints, one malicious mischief, two DWI's, two drunkenness, two domestic, two vandalism, two susp. vehicles and six alarms. (Numbers in parenthesis are included in total contact figures) 7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 284 Agenda December 14, 1992 Issue Statement: Renewal of 1993 Club On-Sale and Sunday Liquor licenses for Minneapolis-Richfield American Legion Post 435,6501 Portland Avenue. Background: On November 16, 1992, the City received the renewal applications and other required documents for the Club On-Sale and Sunday Liquor licenses for Minneapolis-Richfield American Legion Post 435. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: - Three new officers, Mr. Stanley Nelson, Mr. William Bray and Mr. James Munson, were elected as post officers in 1992. Mr. Donald Vogtman continues to serve as the other post officer. Mr. Patrick Anzevino continues to serve as club manager. None of these individuals has any known criminal record. - All general real estate taxes, state sales and withholding . taxes have been paid and are current. - The property and building continue to be owned by the American Legion. - The $10,000 bond will be submitted as soon as possible. - The required proof of liquor liability insurance coverage has been received showing Beverage Retailers Insurance Company Risk Retention Group as affording the required coverage. The applicant will supply proof of workers' compensation coverage as soon as possible. - An accountant's statement has been prepared and submitted. This statement covers the period from November 1991 through October 1992 and indicates that food sales accounted for 49% of the total sales, liquor sales accounted for 51% of the total sales. From November 1991 through October 1992, there were 33 Public Safety contacts with the American Legion. This compares with 31 contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. I -I Recommended Motion: Approve the renewal of the 1993 Club On-Sale and Sunday Liquor licenses for Minneapolis-Richfield American Legion Post 435. Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale and Sunday Liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Minneapolis-Richfield American Legion Post 435 Club On-Sale and Sunday Liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. ly submitted, James Prosser City M ager JDP:ds I• PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 MPLS. - RICHFIELD AMERICAN LEGION POST 435 I• 1991 1992 Total Contacts 31 33 Criminal Contacts 19 21 "Bar Type" (Included in Crim. Contacts) (5) (5) Alarm (b) (9) Misc. Non-Criminal 12 12 Assists (5) (2) Traffic/Parking (4) (6) Inspections/Licensing (0) (0) Medical/Fire (3) (4) The criminal contacts for 1992 were four thefts, one vandalism, one assault, one disorderly conduct, one domestic, one malicious mischief, one robbery, one found property, one weapons offense and nine alarms. (Numbers in parenthesis are included in total contact figures) II 0 -7 -3 • MPLS-RICHFIELD AMERICAN LEGION POST 435 OFFICERS AND DIRECTORS Stanley Nelson - President William Bray - Vice President James Munson - Secretary Donald Vogtman - Treasurer C1 CITY OF RICHFIELD, MINNESOTA Council Letter No.283 Agenda December 14, 1992 Issue Statement: Renewal of 1993 Club On-Sale and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555, 710 Lake Shore Drive. Background: On November 18, 1992, the City received the renewal applications and other required documents for the Club On-Sale and Sunday Liquor licenses for Fred Babcock V.F.W. Post No. 5555. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: -Two new officers, Mr. Lyle Herrmann and Mr. James Lawler were elected as post officers in 1992. Mr. Thomas Goalen and Mr. Roger Fahrenkrug continue to serve as the other two post officers. A copy of the list of officers is attached to this letter. Mr. Roy J. Hitchcock continues to serve as club manager. -All general sales, real estate and withholding taxes have been paid and are current. • -The property and building continue to be owned by Fred Babcock V.F.W. Post No. 5555. -The $10,000 bond will be submitted as soon as possible. -The required proof of liquor liability insurance coverage will be provided by Allied Mutual Insurance Company as affording the required coverage. This will be submitted as soon as possible. Proof of workers' compensation insurance coverage has been supplied. -An accountant's statement has been prepared and submitted. This statement covers the period from July 1991 through June 1992 and indicates that food sales accounted for 53% of the total sales, while liquor sales accounted for 47% of the total sales. From November 1991 through October 1992, there were 12 Public Safety contacts with Fred Babcock V.F.W. Post No. 5555. This compares with 14 contacts for the previous year. A breakdown of these contacts is attached to this letter. There were no environmental health complaints received during this time period. Recommended Motion: Approve the renewal of the 1993 Club On-Sale and Sunday Liquor license for Fred Babcock V.F.W. Post No. 5555. 6-l • Basis for Recommendation: 1. The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to On-Sale and Sunday Liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the renewal of the licenses requested. Alternative Recommendation: 1. The Council could decide to continue the hearing, however, if the hearing is continued beyond January 1, 1993, the Council should consider the granting of a license extension to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. 2. The Council could decide to suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statutes 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. It appears that the licensee has not committed any violation relating to alcoholic beverages and therefore, it is recommended that the licenses not be revoked or suspended. Discussion/Decision Mode: The public hearing to consider the requests for the renewal of Fred Babcock V.F.W. Post No. 5555 Club On-Sale and Sunday Liquor licenses has been scheduled for December 14, 1992. These licenses expire January 1, 1993. Therefore, if the Council decides.to continue the hearing beyond December 14, any subsequent hearing should be held before the licenses expire. Respectf y submitted, James Prosser City M Tager JDP:ds ?_a 0 0 PUBLIC SAFETY CONTACTS NOVEMBER 1991 THROUGH OCTOBER 1992 FRED BABCOCK V.F.W. POST #5555 1991 1992 Total Contacts 14. 12 Total Criminal Contacts 6 4 "Bar Type" (2) (1) Misc. Non-Criminal 8 8 Assists (3) (1) Traffic/Parking (2) (2) Inspections/Licensing (0) (0) Medical/Fire (3) (5) The criminal contacts for 1992 were one assault and three thefts. (Numbers in parenthesis are included in total contact figures) U ?-3 0 [?J Fred Babcock VFW Post #5555 Officers/Titles Thomas Goalen Roger Fahrenkrug Lyle Herrmann James Lawler Commander Sr. Vice-Commander Jr. Vice-Commander Quartermaster CITY OF RICHFIELD, MINNESOTA SK Council Letter No.282 Agenda December 14, 1992 Issue Statement: Purchase in excess of $5,000 for hydrofluosilicic acid essential to water treatment. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City purchases hydrofluosilicic acid yearly as an additive to water treatment to prevent dental caries. Hydrofluosilicic acid is also required and regulated by Minnesota State law. In 1992, the City purchased hydrofluosilicic acid from Feed-Rite Control at a purchase price of $1.32 per gallon, approximately $7,920 for the year. Two vendors were contacted and proposals were received for approximately 6,000 gallons of hydrofluosilicic acid from: Feed-Rite Control $1.26/gallon $7,560/yearly Dixie Petroleum Chemical $1.32/gallon $7,920/yearly • Recommended Motion: Approve a 1993 master purchase order to Feed-Rite Control for the purchase of approximately 6,000 gallons of hydrofluosilicic acid for an estimated yearly total of $7,560. Basis of Recommendation: 1. Hydrofluosilicic Acid is a necessary chemical additive in water treatment. 2. Feed-Rite Control submitted the lowest bid. 3. The 1993 Proposed budget includes $11,000 for the chemical purchase. The price has decreased approximately $360 since 1992. Alternative Recommendation: Council may choose not to accept any of the quotations and require new quotes be obtained. Staff does not believe better prices can be obtained. The chemical price has decreased significantly since last year. Discussion/Decision Mode: Staff requests approval at the December 14, 1992 Council meeting. Res fully submitted, Jam s D. Prosser Cit Manager JDP:ds 5J CITY OF RICHFIELD, MINNESOTA Council Letter No. 281 Agenda December 14, 1992 Issue Statement: Purchase in excess of $5,000 for carbon dioxide (C02) essential in Richfield's water treatment. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The City purchases carbon dioxide for the water treatment plant every year. Carbon dioxide is added to the water to lower the Ph level and remove lime. Approximately 200 tons are needed for one year of treatment. Four vendors were contacted and proposals were received as follows: KOCH Carbon Dioxide S 60.00/ton $12,000/yearly Heller's Carbonic West 85.00/ton 17,000/yearly Liquid Carbonic Dioxide 90.00/ton 18,000/yearly Cardox 125.00/ton 25,000/yearly The 1992 awarded vendor was KOCH Carbon Dioxide at the unit price of $55 per ton, approximately $11,000 for the year. KOCH is proposing an increase of $5 per ton, approximately $1,000 more for 1993. Allowing for the KOCH's increase, the proposal is still at least $5,000 less than the other bidders. Recommended Motion: Approve a 1993 master purchase order to KOCH Carbon Dioxide for a unit price of $60.00 per ton, approximately $12,000 total. Basis of Recommendation: 1. This chemical is a necessary additive to the water treatment process, it lowers the Ph level and removes excessive lime in the treated water. 2. KOCH Carbon Dioxide submitted the lowest quotation, approximately $5,000 less than the second lowest quotation. 3. There is sufficient funds in the 1993 Proposed Water Maintenance budget for the purchase of carbon dioxide. Alternative Recommendation: Council may choose not to accept any of the quotations and instruct staff to obtain new quotes. However, KOCH has submitted • the lowest quotes for the last three years and staff does not believe lower prices are available. ,53-1 Discussion/Decision Mode: Staff requests approval at the December 14, 1992 Council meeting. Respectf ly submitted, Jame Prosser City anager JDP:ds 5- CITY OF RICHFIELD, MINNESOTA • Council Letter No. 280 Agenda December 14, 1992 Issue Statement: Authorization to purchase video surveillance equipment for the three municipal liquor stores. Background: Shoplifters are more likely to be prosecuted and convicted if the act is video taped. While instances are few, it is a good idea for any retail establishment to have security measures such as a video surveillance system. Video surveillance is also a strong deterrent to shoplifting and robbery. The liquor operations requested bids from four vendors for the purchase of a video surveillance system for each of the stores. Three vendors have chosen to bid and they are as follows: Minnesota Valley Locksmith $17,504.20 Electro Watchman, Inc. 16,212.00 Alpha Video & Audio 12,636.00 All bids included installation. Recommended Motion: Approve the purchase and installation of video surveillance equipment for the three municipal liquor stores in the amount of $12,636.00 from Alpha Video & Audio. Basis of Recommendation: 1. The amount is the lowest bid submitted. 2. The vendor has sold equipment to the City and provided adequate service in the past. 3. All equipment and installation meets proper codes. 4. Adequate funds are available for the purchase and are in the 1992 Revised City budget. Alternative Recommendation: 1. Do not authorize the purchase and installation. Discussion/Decision Mode: This item is placed on the December 14 agenda for City Council consideration. Respect ly submitted, . Jame Prosser City nager JDP:ds SP CITY OF RICHFIELD, MINNESOTA Council Letter No. 279 • Agenda December 14, 1992 Issue Statement: Award of contract for leasing of golf carts for rental purposes at Richfield's Rich Acres Golf Course in 1993, 1994 and 1995. Background: Golf carts •are leased by the City for rental to golfers. The advantages of leasing carts rather than purchasing include: - New cars each year provide the latest in technology. New cars each year also improve appearance and image of facilities. - Purchase of golf cars would require construction of a storage facility with an estimated cost of approximately $30,000. - Ownership of cars may require additional personnel for mechanical maintenance due to more breakdowns and parts replacement. - Safety/liability concerns become more prevalent with older City owned golf cars. - Leased cars require no excessive cash outlay or loss of interest. A new golf car fleet would cost approximately • $75,000 to $90,000. - Ownership of golf cars would require an extensive supply of parts; i.e., batteries which would need to be replaced every two years, seats with 50% of the fleet needing replacement after two years, and body work. - Service and support have been good with leased cars. - Yearly golf car revenues are estimated at $50,000 to $55,000 per year while yearly lease payments would be approximately $18,000 to $20,000. Net profit, therefore, is $30,000 to $37,000. The specifications for rental of golf carts were written to included 20 current year model carts for the period of March 15 through November 15 for each of the contract years, and 10 used golf carts for the period of June 1 through September 1 in each year of the contract. The City is to provide the public liability and property damage insurance coverage, except for accidents resulting from mechanical failure or improper cart maintenance. The vendor is to provide all parts, labor and maintenance including necessary lubricants. The vendor will also provide for a mid season safety inspection of all golf cars. • On December 1, 1992 bids were opened for a new lease period of 1993 - 1995. A copy of the bid minutes and tabulation is attached. Bids were received as follows: Golf Car Midwest $24,000/annually E-Z Go Div. Textron $19,900/annually ?H-l The E-Z Go bid contained a calculation error that was acknowledged 46 by Tom Mundy, the E-Z Go sales representative. The unit prices were mistakenly added rather than multiplied out. Their bond of $1,000, however, indicated that their total bid price per year was approximately $20,000. The Council has the right to waive such irregularities. The corrected figures are used on the bid tabulation. E-Z Go was the vendor for the previous three year period. They were a reliable contractor with acceptable carts. In 1990, 1991 and 1992, the 20 new carts were $810 each and the 5 used carts were $150 each for an annual cost of $17,700. Recommendation: Approve the bid minutes/tabulation which includes correction of a mathematical irregularity and award a contract to E-Z Go Textron of Plymouth, MN for leasing of golf carts in 1993, 1994 and 1995 as detailed in the bid proposal of December 1, 1992 for an estimated annual cost of $19,900. Basis of Recommendation: 1. E-Z Go Textron of Plymouth is a reliable vendor meeting specifications. 2. E-Z Go Textron of Plymouth submitted the most economically sound bid for the operation of Richfield's Rich Acres Golf • Course. 3. There is sufficient funding in the adopted 1993 operating budget of the golf course for such a lease agreement. Alternative Recommendation: 1. Reject all bids at this time and readvertise for a lease agreement. It is the opinion of staff that lower bids will not be received and there are no additional vendors wishing to submit bids. 2. Reject all bids at this time and readvertise for purchase of golf carts. However, staff feels there are currently major advantages to leasing including: a) new carts each year, b) no storage is required, c) current complement of golf course personnel available would not be sufficient to maintain owned fleet, and d) no cash outlay or loss of interest. Discussion/Decision Mode: This item is scheduled for the December 14, 1992 Council meeting. Council may delay their decision although action is recommended at this time. Respec lly submitted, • Jame Prosser City pager JDP:ds • 4 E O W z z H A a W w x U H a w O E. H U 0 N 01 O) ON O? ,-I Q a) O a)O b Ejo Ra ? U a) A r-I ? N O I tl.' N rn f-I ro 00 z 44 r-I ro COD m to O f0 co -rt 443N 4-I tT O cd O •rl CO 4-) P a) a) a) a) ro •rl (a 4-) O (C 4 U) P i-) (C in 44 -r1 O N O r? -rl ? 1 ? O N ro 0 ON 4 ar. a) ro 44 C: •ri O+-) A 0) 4-) 4-) 4-) 4-) N O (1) ro a) 5 a) p cd?s? . LO r-I O 44 O (t) O O 0) N z30 44 0x O 64 W ao .ri a) ro r-I 4-) r-I •.i 0 U .A N r-I a) O >4 -A U) +-) ro E- a) -ri z a) xU09 r-I O 44 , (d z O S-I a) ro 0 (a A O O 4-) ?4 (1) a)PS4 a) w a) ro a a) • s~ 0 Sda(0 a •rl W Ouas~3 tr co a) a) a)ea0 P 0 0 OH ,m 4-) a) •ri >4 >U 4-) 4 •rl -ri 0 a) 44 CO ro U 4-I 0a)(1)0 Ua r-i S-i S-i r-I 0(a 04 a U 4-) 4-) O la) 4-) •ri U +-) a) (o k 4-) A a) O U) a) a)p?4 U a a) -y a m U) aa)) E >1 ro a) x+P0Ea -ri (Cl f4 °i 0? 0 U ?U Dr 0 •ri 44 4-) u u i •rl 0 U? NC7 U r-i S-I -H O I~" a)p4(a .AroEi 5 P Z O ?4 0 O p 0 wwxx tnro riri m ri ?, a) ? «i f-I s•-I O O a) p 4O.Oto E M O M I~ a) U) a) p a ro O O ri ca ro c? a) ro t~ O ro a) .rq A O U) a) Q) 3 O ro .,i A 0 -ri 3 O r-I ri O 44 0 E In CA m r-I O O O O O d? N O O d? O rn O N Ica M rn ON r-I E H W U W W O A z w O O O O O d? N a) U a) U a) r-I r-I O O O OQ iJ <A a) 3 ro m u 44 ri 0 U i O O ON ri O O O O O O O O rn ON r-I Im U U a) in ca U a) 3 ro E a) a a x O 1-i )a (t) -P a aa) ua E •rl O O O t? a N I 4-) w cn N E a) U a) A a) iN (C ro a) p a) ro f~ 0 U ro O (l7 rd a) «3 ri A a) .A ro r-4 3 w ro a) i-) 4-) O () O 4.,q 4-) 4-) a) ro a) a) 2: U O ri O U 0a co O U r-4 •ri UU >1 (14 4-) O's -H O's U ri a) E-4 v-4 x a) r-I U •rl U a) A N a) W w O (0 O 4 E 56- CITY OF RICHFIELD, MINNESOTA Council Letter No. 278 Agenda December 14, 1992 Issue Statement: Authorization to purchase 7644 Pleasant Avenue; 77th Street Project. Background: On August 10, 1992, the City Council authorized purchase and set just compensation on 7644 Pleasant at $137,000. Staff has negotiated the purchase of this apartment building at this price with the exception of reimbursement for lost rent. The closing is scheduled for January 4. As the tenants vacate the four units and cease rent payments, the owner's diminished revenue stream would be offset by a purchase price adjustment. The adjustment at this time cannot be determined exactly because all the units have not yet been vacated. Based on projections the maximum adjustment could approximate $3,035. Recommended Motion: Adopt a motion approving the attached resolution which sets the maximum purchase price at $140,035. Basis of Recommendation: 1. The increase in purchase price to compensate for lost rent is slightly more than 2% above just compensation. 2. The owner has agreed not to rent the units to other tenants as they become vacant. 3. The potential exposure of the City to issues of code related liability resulting from the ownership of a tenant occupied apartment are eliminated. (This is an item of great concern to the City's insurance carrier.) 4. This settlement is far below costs which would be incurred in the pending condemnation proceeding. Alternative Recommendation: 1. Delay action. 2. Reject the proposal. 3. Propose an alternative. Discussion/Decision Mode: Approval would permit the closing to proceed as scheduled on January 4, 1993. Res ully submitted, i Jame D Prosser City nager JDP:ds 5G- l 0 RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street project (Project) heretofore adopted by the City of Richfield (City) said real property located at 7644 Pleasant Avenue South, being described as follows: Lot 8, Block 2, Sunset Terrace Addition Hennepin County, Minnesota; and WHEREAS, on August 10, 1992, the City did set and approve just compensation for said real property in the amount of $137,000.00; and WHEREAS, said property is a four-unit apartment building with tenants currently residing on premises whose occupancy will cease at various times prior to closing; and WHEREAS, the owner accepted the City's offer of $137,000 contingent upon receiving compensation for lost rents; and • WHEREAS, the City has carefully reviewed said lost rents with City's relocation consultant and is of the opinion that the additional payment will not exceed $3,035.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That it is in the best interest of the City and this project to pay the owner for lost rent. 2. That the City Manager and Mayor are authorized to execute a purchase agreement for the amount of purchase not to exceed $140,035. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1992. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA • Council Letter No. 277 Agenda December 14, 1992 Issue Statement: Adoption of resolution establishing just compensation and authorizing the purchase of 7645 Pleasant Avenue, and partial fee and temporary takings; 77th Street project. Background: This letter and resolution identifies additional property takings for the 77th Street project. It includes one total take, several partial takings in the form of fee ownership and several temporary construction easements. Attached to this letter are site drawings and legal descriptions which will locate these takings. The property at 7645 Pleasant Avenue (Project Parcel #35B) is one of two parcels which form the Lampert Lumber site owned by the City. The parcel is triangular in shape, situated immediately west of the Soo Line railroad tracks and north of 77th Street. Also requiring the establishment of just compensation are seven (7) properties for which a part ial fee taking is neces sary. Some of these properties require temporary construction eas ements and slope easements as well. Also, there are six additional • properties for which temporary easements are required. The partial fee takings are as follows: Project Partial Parcel Taking Number Property Address Owner (Sq. Ft.) 5 7600 Fremont Ave. Richfield HRA 31,019 10 7644 Emerson Ave. Richfield HRA 9,761 34 400 W. 78th Street Thomas I. Wood 4,929 35 300 W. 78th Street City of Richfield 7,170 35A 250 W. 78th Street Mpls. N. & S. R.R. 1,980 36 7700 Pillsbury Ave. City of Richfield 27,086 52 400 E. 77th Street City of Richfield 40,249 Project Parcels #5 and #10 are part of the Cloverleaf site. Project Parcel #34 is part of the Richfield-Bloomington Honda • site. Just compensation reflects the anticipated sale of residual land at 7701 Harriet Avenue to the Honda dealership. (This sale will be processed at a later date.) SF- I • Project Parcel #35 is part of the Lampert Lumber site. Project Parcel #35A is owned by the Soo Line Railroad which is now part of the Minneapolis Northern/Southern Railroad (Mpls. N. & S. Railroad). This parcel lies between the mainline railroad track and Lampert Lumber parcel. Project Parcel #36 is the City Garage. The partial taking required for the 77th Street project encompasses a major taking of the garage as the garage will be bisected by 77th Street. The damage dollars received by the City will be used to retrofit the garage. Garage retrofitting and the use of the Lampert Lumber site will permit garage functions to continue. The appraisal work on the garage is being completed this week. The number will be presented'at the Council meeting on December 14. The range within which the value is likely to fall is plus/minus 30% of $600,000. Project Parcel #52 is Roosevelt Park located at Portland Avenue and 77th Street. Just compensation reflects damages to the park facility. Reconstruction of impacted portions of the park will be included in the contract for road construction. The required temporary construction easements have also been identified. Six are on residential property. 40 The owners of all of these properties have been contacted by staff and appraisers. All applicable MnDOT/FHWA procedures have been followed. As with other 77th Street properties, the City's appraisers, BCL Appraisals, Inc., and Lyle H. Nagell Co., Inc., and review appraiser, Donald Hennessy, completed their respective work on these takings. The aggregate just compensation for these takings totals $190,834 plus the garage. With approval by the City Council, offers can be made following MnDOT/FHWA approval which is expected very soon. Recommended Motion: Adopt the attached resolution that, subject to MnDOT and FHWA approval, does the following: 1. Sets just compensation and authorizes staff to negotiate and purchase the properties at the indicated values; and 2. Authorizes the City Manager and Mayor to execute purchase agreements in the amounts of just compensation. 5Fa Basis of Recommendation: • 1. Approval of the acquisitions by MnDOT and FHWA is imminent. 2. MnDOT and FHWA appraisal procedures were followed. E 3. Project funds will be available upon MnDOT and FHWA approval. 4. Allows staff to be ready to make offers once approval is given by MnDOT and FHWA. Alternative Recommendation: Do not set the just compensation in order to pursue purchase and authorize purchase. Discussion/Decision Mode: Approval will make it possible for staff to be ready to make offers in a timely manner in light of the representations being made to owners with regard to MnDOT and FHWA approval and offer time period. Respectfully submitted, JamesD. Prosser City Manager JDP:cak 5F--3 • RESOLUTION NO. THE CITY OF RICHFIELD, MINNESOTA RESOLUTION ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE OF REAL PROPERTY WHEREAS, the City of Richfield, Minnesota desires to purchase certain real property pursuant to and in furtherance of the 77th Street project (Project) heretofore adopted by the City of Richfield (City) said real property being described in Exhibit B, attached hereto; and WHEREAS, the City has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real property; and WHEREAS, the City is authorized by Minnesota Statutes to acquire real property within its jurisdiction; and WHEREAS, Minnesota Department of Transportation (MnDOT) and Federal Highway Administration (FHWA) are funding this project; and • WHEREAS, acquisition of the subject property is imminent upon final project approval by MnDOT and FHWA; and WHEREAS, the City has caused appraisals of the subject property to be made by qualified independent professional real estate appraisers to determine fair market value; and WHEREAS, a qualified review appraiser has certified the appraisal report as to conformity with appraisal standards and has certified same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That just compensation is determined as described in Exhibit A with appropriate legal descriptions described in Exhibit B, attached hereto. 2. That the City Manager is authorized and directed to commence negotiations for the purchase of said real property following MnDOT and FHWA approval. 3. That the City Manager and Mayor are authorized to execute purchase agreements for the amount of just compensation set forth in this resolution. • 4. That the City Manager is hereby directed to notify, in writing, the owners of subject property as soon as possible SF- q that the City intends to acquire his/her property and establish eligibility for relocation benefits. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of December, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 40 EXHIBIT A CITY COUNCIL RESOLUTION . DECEMBER 14, 1992 JUST COMPENSATION Parcel Number Property Address Just Compensation 1 Girard Ave. Extension $ 100.00 PID No. 33-028-24-43-0019 4 7600 Fremont Ave. $ 116,800.00 PID No. 33-028-24-43-0017 5 7600 Fremont Ave. $ *See Footnote 1 PID No. 33-028-24-43-0016 10 7644 Emerson Ave. $ *See Footnote 1 PID No. 33-028-24-43-0015 11A 7621 Emerson Ave. $ 700.00 PID No. 33-028-24-43-0004 15A 7632 Dupont Ave. $ 20.00 PID No. 33-028-24-43-0025 18A 7700 Colfax Ave. $ 1,700.00 PID No. 33-028-24-44-0025 20A 7638 Bryant Ave. $ 100.00 PID No. 33-028-24-44-0063 32A 7638 Pleasant Ave. $ 225.00 PID No. 34-028-24-33-0028 34 400 W. 78th Street $ 15,400.00 PID No. 34-028-24-33-0080 35 300 W. 78th Street $ 47,900.00 PID No. 34-028-24-33-0013 35B 7645 Pleasant Ave. $ *See Footnote 2 PID No. 34-028-24-33-0030 36 7700 Pillsbury Ave. $ PID No. 34-028-24-34-0052 43A 7717 Nicollet Ave. $ 400.00 PID No. 34-028-24-43-0007 46A 7638 Stevens Ave. $ 125.00 PID No. 34-028-24-43-0044 Parcel Number 51A 52 *FOOTNOTES: • EXHIBIT A - PAGE 2 JUST COMPENSATION CONTINUED Property Address Just Compensation 7639 3rd Ave. PID No. 34-028-24-44-0017 400 E. 77th Street PID No. 34-028-24-44-0005 $ 85.00 $ 54,700.00 (1.) Just compensation for Parcels No. 5 and 10 are included in the just compensation figure listed under Parcel No. 4. The appraised value on which just compensation is determined considers impact to the entire Cloverleaf site and, therefore, is better represented as one figure. (2.) Just compensation for Parcel No. 35B is included in the just compensation figure listed under Parcel No. 35. The appraised value on which just compensation is determined considers impact to the entire Lampert Lumber site and, therefore, is better represented as one figure. Just compensation reflects compensation for a whole fee taking of Parcel No. 35B and a partial fee taking and temporary construction easement for Parcel 35. 0 5F--7 EXHIBIT B CITY COUNCIL RESOLUTION DECEMBER 14, 1992 LEGAL DESCRIPTIONS 0 0 Orr schelen 300 Park place Center Maveron & 51-75 Wavula Boulevard As$ociat% nc. htinneapolis, h1N 55416.1228 PARCEL: No.I . P I D: 33-028-24A3-0019 O«'N'ER: Dakotah Company DESCRIPTION OF TAKING: 612.595.5775 5 FE 1.800.753.5175 FAX 595.5773 Property Address: None A temporary construction easement for roadway and utility purposes over, under and across the easterly 40.00 feet of that part of the West Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, which lies southerly of the northerly 105.00 feet thereof and which lies northerly of Bourbon and Basin First Addition, accordingly to the plat on file in the office of the Hennepin County Recorder. Together with a temporary construction easement for roadway and utility purposes over, under and across that part of the east 40.00 feet of Lot 1, Block 1, Bourbon and Basin First Addition, which lies northerly of a line 165.00 feet southerly of and parallel with the north line of the Southwest Quarter of the Southeast Quarter of said Section 33. Said temporary easements expire December 31, 1993. NOTE: No boundwy survey work was performed as to the precise loevion of this tract I hereby csrtify that this sur•vy. plan, or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the to of Minnesota. Z D. t:dw•ard Mmes, L.S. Lie No. 11394 Dame Enr!n.•ers • AicharCl$ • P:annrra . Sunr?++!a W 4 5 F? > W y=j O O Y II 1 > J v ` 1? N N W W ? G '- < W:=ti J a o v? . . ? u ? Di $ N O r? N V N ACC I I Y W ?? Z Ch W I ti 88 b+6. _0.. ' Q --- 00.0 H w W a .: 3 U-) Z In _ a w Z o _ O Z ._ m m O __i M Z f O H- S 0 L O -- Z co O ;:. Z a. 1 ti. I I _ _ --" ""rC Z LL ... X11 i 0? -J ..........? ?........_ ?. . 9b'65+1. Id - - _..... ..... ........ .............. ............. .............................. _.. _....._.._.._.._.._............... ......................................... . :'a:3 .OS+I...I:..A.d . ...05+1. . .........?.P OZ-6b8 3 ::::::: : . ?+0.:d ::::::: : 5E+0 .... ........................ ......_.._. ZS'6b8 '13 ........ ..............00+0 ........... 0.0+'0.:':I: •n:' d :::::::: : ::::::::• ?•. . . . . . . . . x ci zi W 0 ? a a? U ? OVfi< a?? r j ?Y $`3 r? 0 o+ a 'y n o c Q .T . o c ? u Orr 5-F / D Sdvlen 300 Park Place Center 612.595-5775 CA%sw Niayeron& 5775 Wayzata Bouievard 1.600-753.5775 Atssociates,Inc. hiinneapolis. MN 55416.1226 FAX 595-5773 i PARCEL NO.: 4 Property Address:. 7600 Fremont Avenue PID No.: 33 028 24 43 0017 OWNER: Richfield HRA Description of Taking: A temporary easement for drainage and ponding purposes over, under and across that part of the West Half of the East Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter Section 33, Township 28, Range 24, Hennepin County, Minnesota, which lies southerly of the following described Line A: Commencing at the northeast corner of said West Half of the East Half; thence South 00 degrees 12 minutes 05 seconds West, grid bearing, Hennepin County Coordinate System, along the west line of the said West Half of the East Half a distance of 150.00 feet to the point of beginning of Line A to be described; thence South 66 degrees 28 minutes 05 seconds East 179.08 feet to a point on the east line of said West Half of the East Half and said Line A there terminating. -? Said temporary drainage and ponding easement expires December 31, 1994. Together with a 10.00 foot temporary construction easement for roadway and utility purposes over, under and across that part of said West Half of the East Half which lies southerly of and adjacent to the following described line B; Commencing at the northwest corner of said West Half of the East Half; thence South 00 Degrees 12 minutes 05 seconds West 127.31 feet to the point of beginning of the line to be described; thence North 75 degrees 35 minutes 33 seconds East 169.84 feet more or less to a point on the east line of said West Half of the East Half and said Line B there terminating. Together with a temporary construction easement over, under and across the west 30.00 feet of that part of said West Half of the East Half which lies northerly of the herein described Line A and southerly of the herein described Line B. Said temporary construction easements expire December 31, 1993. DOTE: No boundary survey work was performed as to the precise ' Ixvion of this tact 1 hereby ceniry that this survey, plan, or report was prepared by me or under my direct supervlsioo and that 1 am a duly Iirensed land surveyor under the laws of the State or %llanesota. ?v L `9 Z (D-' D. Edward Mmes. LS. Lie No. 11393 Aare Eri nern • Arthite::s • Narnrrs • Son. -gyms ..K. I vowi . ,..... \ X-J 69'SS9 Itlp LOON _ .Zl I9L I ? r ) I? I I 1 1 I j W3a ti J w 1 I 1 ?W M 1C1 M Z - I I I r r N ? 917. q+ Id 1SZ 15 -? ? s ? ? r 3 ul N. 2 00 ? ZAI? 10 C N s c~- ?, r A: o? v 1 _O • M W t Q1 OD N Lin Ln ° I /W a ? W N N I N Z Z aD W z :{{W_ J % A.so,zLOOS • e Z ON Oc M W O Z g 1 ? .-< ' a ? to yy z . \ ... AD o Z )(C - xc-j 0 rz •a •ez 01 •cc 003S 10 ??r 3S 3H1 30 3NIl 1S3M-%. Z Z1.'Zt£t 3,.0t.tt.00N --' dZ •a 49Z •1 _-££ '03S 83N800 ??r S ; ...___.._ .A Orr C11kM. Schelen 300 Park- Place Center 612.595-5775 = Inc. Wayzata Boulevatd 1.800-753.5775-' Jos W IM Associat Inc. Minneapolis, MN 55416-1228 FAX 595.5773 PARCEL NO.: 5 PID NO.: 33 028 24 43 0016 Property Address: 7600 Fremont Avenue ONVNTER: Richfield HRA Description of Taking: Fee Taking for Right of Way That part of the West 2/5 of the East 5/8 of the North Half of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, which lies northeasterly of the following described Line A: Commencing at the northeast corner of said West 2/5 of the East 5/8; thence South * ii 00 degrees 08 minutes 11 seconds West, grid bearing, Hennepin County Coordinate System, along the east line of said West 2/5 of the East 5/8 a distance of 290.63 feet to the point of beginning of Line A to be described; thence North 34 degrees 03 minutes 06 seconds West 15.50 feet; thence northwesterly along a tangential curve, concave to the southwest, having a radius of 511.33 feet to a point on the southeasterly line of the right of way of Interstate Highway 35W, according to Hennepin County Recorder Document No. 3772729 in said Line A there terminating. •) Together with a 30.00 foot permanent easement for roadway slopes, cuts and fills over, under and across that part of said West 2/5 of the East 5/8 which lies southwesterly of and adjacent to the above described Line A. Together with a temporary easement for drainage and ponding purposes over, under and across that part of said West 2/5 of the East 5/8 described as follows: Beginning at the southwest corner of said West 2/5 of the east 5/8; thence North 64 degrees 00 minutes 00 seconds East 106.39 feet; thence North 33 degrees 17 minutes 34 seconds East 245.67 feet; thence North 70 degrees 53 minutes 35 seconds East a distance of 104.93 feet to a point in the east line of said West 2/5 of the East 5/8; thence North 00 degrees 08 minutes 11 seconds West along said east line a distance of 28.82 feet to a point in the southwesterly line of herein described 30 foot slope easement; thence North 34 degrees 03 minutes 06 seconds West along said southwesterly line 54.64 feet; thence South 70 degrees 53 minutes 35 seconds West a distance of 75.51 feet; thence North 66 degrees 28 minutes 05 seconds West 247.11-feet to. a point on the west line of said West 2/5 of the No boundary survey work was performed as to the precise NOTE: location of this tract 1 hereby certify that this survey, plso, or report was prepared by me or under my direct supervision and that 1 am a duly lirensed land surveyor,under the laws of the State of Minnesota. . r,? ?d L3 Z D. Edward Ames. L.S. Lie No. 11394 Dade l:nprit-ers • .kt,hnecs • Na*?nrrs • Ss;rve ors 5F-/-3 PARCELS PID NO. 33 028 24 43 0016 PAGE 2 East 5/8; thence southerly along said west line 434.37 feet more or less to the point of beginning. Said temporary drainage and ponding easement expires December 31, 1994. a r ? t I I!' 1 l?i??.• ??- - -- 69'S89 ltl, LO.ON -_- r-, 1 n , -11 r i m Im 101A i I lO U"J, r- X li 1 it 1 V x ?Q 9 s tr f 15t ? ? f :t•' .:?t• •. .? W ... Z 4A W S' l _o a, N } M W L!'1 • F? ?'7 ?C1 tD I W N FF a+ ? t ? N W z ?Z 1 aD W Z ?W y J \i- LI; qw r` 1 M,. SO . Z i .ooS r' ? o I OC W Q?J ?~ Q 1 Y g ,n Z o F- a 3<1 z mo v+ _ M Z ? Ao G .. - Z? j N r•M '9Z '1 '££ •03S J07, I XC - f XC ?. 3S 3H1 40 3NI 1 1SU -.? i L 9b • 5+ I d ?. _ ?„? .------Z? • Z 1 £ 1 ' 3N 01, 1 l .OON --''? bZ •a •9Z •1 •S£ •03S a3N800 ?/? S ,?' Orr Schelen 300 Park Place Center hlayeron& 5775 Wayzata Boule\,ard ASSOCiales,lnC. Minneapolis, h7N 55416.1228 PARCEL NO.: 10 PID NO.: 33 028 24 43 0015 OWNER: Richfield HRA Description of Taking: 612-595-5775 5F- /5 1.800.753-5775 FAX 595.5773 Property Address: 7644 Emerson Avenue Fee Taking for Right of Way That part of the East Half of the West Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter lying southerly of the northerly 315.00 feet of Section 33, Township 28, Range 24, Hennepin County, Minnesota and lying northeasterly of the following described Pne A: Commencing at the northwest corner of said East Half of the West Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence South 00 degrees 08 minutes 11 seconds West, grid bearing, Hennepin County Coordinate System, a distance of 290.63 feet; thence South 34 degrees 03 minutes 06 seconds East 33.02 feet to the point of beginning of Line A to be described; thence continuing South 34 degrees 03 minutes 06 seconds East 122.28 feet; thence southeasterly along a tangential curve, concave to the northeast, having a radius of 640.33 feet to a point on a line 30.00 feet westerly of the east line of said East Half of the West Half, also known as the west line of Emerson Avenue and • said Line A there terminating. And a 30.00 foot permanent easement for roadway slopes, cuts and fills over under and across that part of said East Half of the West Half which lies southwesterly of and adjacent to the above described Line A. And a temporary easement for drainage and ponding purposes over under and across that part of said East Half of the West Half which lies southerly of the north 315.00 feet thereof and which lies northerly of the following described line B: Commencing at the southwest corner of West 2/5 of the East 5/8 of the North Half of the Southwest Quarter of the Southeast Quarter of said Section 33; thence North 64 degrees 00 minutes 00 seconds east 106.39 feet; thence North 33 degrees 17 minutes 34 seconds East ` 245.67 feet; thence North 70 degrees 53 minutes 35 seconds East 104.93 feet to a point in the east line of said West 2/5 of the East 5/8 of the North Half and the point of beginning of Line B to be described; thence continuing North 70 degrees 53 minutes 35 seconds East 16.76 feet to a point on the southwesterly line of the herein described 30.00 foot slope easement and said line there terminating. NOTE: No boundary survey work was performed as to the precise j location of this tray 1 hereby certify that this survey, plan, or report was prepared by me or under my direct supervision sod that 1 am a duly licensed land surveyor under the laws of the State of %f inncsota. D. [dward-Arnes. L. S. Lie No. 11393 Vait E'v9:nrrrs • AKtirttftf • Plar+r,rs • Sur?ry:?rs 5F- /? PARCEL 10 PID NO.33 028 24 43 0015 PAGE 2 Said temporary drainage and ponding easement expires December 31, 1994. "I) t ' I , ' 11111 _ •Z _ i I w i 3,tb LO.ON 3h3 ---- , : . is ?> s / W W Z co ten I - - o cr. ' -'-? p. :0 M LAJ ?{ x O) co (A I * ? LC) ? ? 1f) cC I • /W `f ;? W N N z z 00 i L x„ so • Z l .OOS r I 7 C£ W M? o S m ?• cr. ... \wv O Z? d'cSj+ 4Id 9tiXC - xN rZ 'a •@Z '1 '££ •03S J0 3S 3H1 J0 3N I l 1S3A1-,, =----.--?.'"ZL ' Z I£ 6 3110 t, t l .00N . bt 'a 68Z •1 •££ '03S ON= b--j S • t1•t\t 111_i? Orr 56elen 300 Park Place Center 612.595.5775 OM5XI: hiaveron & $775 Wavzata Boulevard 1.600.753.5775 Associates,inc. hiinneapohs. hiN 55416.1226 FAX 595.5773 Property Address: 7621 Emerson Avenue _ 10y _ r? 4? PARCEL NO.: PID NO: OWNER: 11A 33 028 24 43 0004 O. R. Colburn Description of Taking: A temporary construction easement for roadway and utility purposes over, under and across that part of the south 22.00 feet of the north 75.00 feet of the south 385.00 feet of the east 44.00 feet of the west 74.00 feet of the West Half of the East Half of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said temporary easement expires December 31, 1993. VOTE: No boundary survey work was performed as to the Precise locwion of this tract 1 hereby rectify that this survey, p1ao, or report was prepared by me or under my direct supervision and that 1 am a duty licensed land surveyor under thelaws of the State of %iinnesota. !0 Lj Z D. E•dws Ames, L.S. Lit No. 11394 1>ate r:nemrrrf • ATChIlt-M • 1`40%rr•a • Sunr?. +s w w LL 5F. I R 0 Lr) -now w J Q U N Y < N J ? N W ! _ ~ L J W W ., gS °O?'g W? LA) nN:?4+d8 N ? ? ? h u N ! I ........................ ........ ..................... ................... ........ ........... ................ . ............................. W ............................. :._.._.._.._.._.._.. LLJ _.._.......... ......... .................................... « .........:..3. :08'Sb8 y.? «.. _ _.._ .... .... ..:......... ........ . ....... ..................... OS+t ......... 7F J0'?bP 13:: " ' ::? A. d aG+O: I ......... .........:... . .. ..:......... .......:.... 00+0:. I . . •:d :::: :: NOS83YV3 : ' X3 V 8 < OG^ zzz ? z t z ^ ? Cl) W.,?.Q] 0 a CL < P6 S. Q •. 'jil _?Q¦ r Q V 0 Q !'1 O R S O m O O i.7 OtT Schelen hialavcron & Associates, Inc. PARCEL NO.: 15A PID NO 33 028 24 43 0025 OWNER: E. G. and Mavis S. Pickler Description of Taking: EF-00 Property Address:. 7632 Dupont Avenue A temporary construction easement for roadway and utility purposes over, under and across that part of Lett 6, Block 1, Northfelt Addition, according to the plat on file in the office of the Hennepin County Recorder which lies southwesterly of the following ` described line: Commencing at the southwest corner of said Lot 6; thence easterly along the south line thereof 18.00 feet to the point of beginning of the line to be described; thence northwesterly to a point in the west line of said Lot 6 distant 11.00 feet northerly of the southwest corner thereof and said line there terminating. t? Said temporary easement expires December 51, 1993. NOTE: No boundary survey work was perforrned as to the precise locw ion of this tract I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly liernscd land surveyor under the taws of the State of klInnesora. D -Z. /645 /,?Z D. E .'award Ames,•L.S. Lie No. 11794 - Date 300 Park Place Center 612.595.5775 5775 Wavzata Boulevard 1.800.753.5775 hlinnea?olis, hIN 55416-1228 FAX $95-5773 rnrmrrrs • ArrhiteYtf • Mannem . Cun,•voat. W w 5 F- ii ? 0 Ln it r W J Q U N •s gJ €? ? 21 Q W ? ' ` > F W N g C ~ ion ?^ t o) I I I •3nd z 0 U W N X C? 1NOcdn a Q m G e O Orr Schelen 3DD Park Place Cenler 0=svia hiaveron& 5775WavzataBoulevard Ks ociales,lnc. Minneapolis, KIN 55416.1228 PARCEL NO.: 18A PID NO.: 33 028 24 44 0025 .OWNER Robert F. Adelmann Description of Taking A temporary construction easement for roadway and utility purposes over, under and across the South 33.50 feet of the North 63.50 feet of the East 30.00 feet of the North 255.00 feet of the West 320.00 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota. Said temporary easement expires December 31, 1993. 612.595.5775 1.800-753.5775 FAX 595.5773 Property Address: 7700 Colfax Avenue DOTE: No boundary survey work was performed as to the precise locwion of this tract 1 hereby ceniry that this survey, plan, or report was prepared by me or under my direct supervision and that 1 am a duly licensed land surveyor under the laws of th ate of %Iinnesota. D. E&Iward Ames. L.S. Lit No. 11394 Date r"F!MV?% 0 Afchnetts • P'.onn i... t?n?hryNa -a3 LL ys O i. J y s _ Z Q = y H f Y WW c c 17 t7 ? ? ? W O ? r W j a? IA o J p?? Z ?. .. N j 6 Z N O 6 6 H • w l N ° u c N I I I (n .................................... _.._.._......_...............-j............ . ....................... . u1i .....?............o- ... G .. H+0 ' .. 1-7 ...................... ".. ............ ..?.?+.?. ... ::::::::: .. ---:: ... .G.•OZ+O .................................. _.._.._.._.._.- _.._............:............ ...........p0+p. ...............................:x........:..............................:...:... :...:...:...:...:...:...:.. ....... LLJ ......... .. ....... 2 d 8 E<- 0 U z ? z z U ?' W x a? ?a s? p efip `v :F rat •$ 41 I.... YV.p -:. oinse s" I f I ?Ci •. G? r V O Q pMi v a. C] C O b U 43 oIT schelen 300 Park Place Center 612.595.5775 nasvl Maveron 6t $775 Wayzata Boulevard 1.800.753.5775 Associates,lnC. Minneapolis. MN 55416-1228 FAX 595.5773 PARCEL NO.: 20A PID NO: 33 028 24 44 0063 OWNER.- .. Joe E. and C. H. McBrayer Description of Taking: 5F-?;?? Property Address: 7638 Bryant Avenue A temporary construction easement for roadway and utility purposes over, under and across the East 20.00.feet of the South 35.00 feet of Lot 7, Block 1, Lovo Addition, according to the plat on file in the office of the Hennepin County Recorder. Said temporary easement expires December 31, 1993. i •? NOTE: !-o boundary survey work was performed as to the precise lowion of this tray 1 hereby certify that this survey. plan, or report was prepared by me or under my direct supervision and that 1 am a duly liVenscd land surveyor under the laws of the State of Slinnesota. ?a z3 z D. Edward Amcs. L.S. \ Lie No.. 11394 Date Lng:narw • icrctnuciik • P:annera . San,y,'rs ?_ aS w w LL. W J Q N . c z H 7 E = z w ) 39 Q 6? w tyJJ_? w v? ?1 a aw w W 2 F .. N V N W? Z J< -? a 1 N • CL d Z V N NV^ III Z O I- U W : : : : $ .......... .............................................:.......:..........: ............. ... ....... ... ... E . . . . . . . . . . . . . . . . UU_? Z . . . . . . . . . . . . . . . (? O ? ? < ?rA. 96 . ......... _ . x e o? eoa s? ? o. 4Z ?`A pi. O <si `g>a i9 r a N O O O O Q M m 00 0 c 3 0 O O Q M v N 0 O < v Orr S n hia a r 0AW%VI Associates, inc. PARCEL NO.: 32A PID NO.: OWNER: 34 028 24 33 0028 Charles T. Ford Description of Taking: Property Address:. 7638 Pleasant Avenue A temporary construction easement for roadway and utility purposes over, under and across the East 13.00 feet of the South 42.00 feet of Lot 7, Block 2, Sunset Terrace, according to the plat on file in the office of the Hennepin County Recorder. Said temporary easement expires December 31, 1993. • NOTE: No boundary survey work was performed as to the precise location of this tract. I hereby renify that this survey. plan, or report was prepared by me or under my direct supervision and that 1 am a duly licensed land surveyor under the laws of the State of Minnesota. D. C•dward Anus, L.S. Lie No. 11394 ' Date 300 Park Place Center 612.595.5775 $776 Wayzata Boulevard 1.800.753.5775 Alinneapolis. MN 55416-1228 FAX 595.5773 -Fa (o t:mFontvY% • Atchn"IS • tanners . Cuna?+Kt i SF - ?n J W a Y y JJ ti LLJ . p mgapp?LL1g. ? IWA o p 1n Q W Q ?S QZZ'p C {2? CO o W Z {z o ?P7S 7yOG? F ?g<[ W < a V ?u ? y ¢ + ?+ 2 Q X n kC ? i 6Ty ¢¢6 yak .a/ < J N p p V ? b N fnn ?? ?I N N ? I z c c s V c W z ? z ,a °? w oa 0. ?U ?a 0 a JNddWO3 dd 3N_I:-1,..?.OOS ' S I ' 3Ad: 1NdSd3-1 8F9L r._....._.. M Zb , . ?79L _._..._ I U a ~ a W a' 1 W CL a W L) v s. ib„ ;, I a? .?? ape 16 . i • 16 i? ?yva <=i t ? g 0 o Q LO qql ?I I ? m c O ? v OTT Schelen 300 Park Place Center 612.595.5775 0A35V hiaveron& $775wayzataBoule%,ard 1.800.753.5775 Associatrs,Inc. hiinneapolis, hiN 55416.1228 FAX 595 5773 PARCEL NO.: 34 PID NO.: 34 028 24 33 0080 O"7N'ER: Thomas I. Wood Description of Taking: S F- Property Address: 400 W. 78th Street . Fee Taking for Right of Way The North 30.00 feet,of that part of the East 3/4 of the Southeast Quarter of the Southwest Quarter: of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, lying west of the East 330.00 feet thereof. ?I J 1 NOTE: No boundary survey work was performed as to the pfecise location of this tract 1 hereby renify that this survey, plan, or report s- prepared by me or under ml direct supervision and that 1 am a dull licrnscd land surveyor under the lass of the St to of Minnesota. D. E•Jward Mies. L.S. Lit No. 11394 Date Lng:nrrrx ••Archarcts • P:annrrx • %una?Yrtx r = C; z W ,L +I ?I +I L Y W N ?Dv L L L 11 N 'i N g w L L L : D g W N N N g< b J i W gSty°QR<?`+ ? N N E U °pO V W a z W n v R S s $< t z Z ., O L ! Ln qq II II a ? v N Q ix w - a ° M 0 ;? Q z • Q 1- Q 3 Ln 1- = 2 O O W I w N Z S J I ?+ 1 { Z O 1 z 1 i th .......... ........... W i 0 p V i L ? ? = • V p°°^ (n Z - 'i - 7 LLJ z I ;=3 a O i ' I _ .............'r' 1 z o v 1 ' :... ...... ........ _.._ : ........... . ' m o c o i V Orr - Schelen htaveron & lz.>t Associates, inc. sp?)D • 300 Park Place Center 612.595.5775 5775 Wayzata Boulevard 1.800.753.5775 Minneapolis, h1N 55416-1228 FAX 5955773 PARCEL NO.: . 35 PID NO.: 34 028 24 33 0013 OWNEFU Lampert Lumber Description of Taking: Fee Taking for Right of Way: The North 30.00 feet. of the West 239.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. And a temporary construction easement for roadway and utility purposes over, under and across the South 15.50 feet of the North 45.50 feet of said West 239.00 feet. Said temporary easement expires December 31, 1993. Property Address: 300 W. 78th Street r? • NOTE- No boundary survey work was performed as to the precise location of this tract 1 hereby ,miry that this survey, piss, or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the lases of the State of klinnesota. ie r,3 Z Uate A. [dwarf Antes, L.S. Lia No. 11394 rne'nrr•ra • Archnecta • Nanert% • 4.Nr%.vv0Y% SF-_)l Q 3 N I ! ? Q 1 3 , N ? I v 21 I LJ ? / Z \ ' I \ J I \ / 1 11 Z II j II u ? 3 ? Y I I I ? I I 3 I w p I. W 2 W 4 W i < y C II Y ? W a 2 ? a? W ? C N 1 W W ?i, ?Cg 1py w e4 3R ? zz ..1 i= n s N • • . . IYu f!? x ?j _ - N p C?? o N ? inI ? V OR' W U Ua +1 +1 +1 F- H e 5_ Li. LL LL o € O O O Q of •?E r 5 3? - Lt ?•f e?• O^ O O E cL V,V=< W cn o ? O o Y= ?•d N N ••? it a II II W cr O w a M ? Z g z Q -J. _ ?- O O w n H Z ? o 0 0 a e O o u SF-3a 0 PARCEL NO.: 35B PID NO.: 34-028-24-33-0030 PROPERTY ADDRESS: 7645 Pleasant Avenue South OWNER: City of Richfield Legal Description: That part of Lot 8, Block 2, Sunset Terrace described as follows: Beginning at the Northeast corner of said Lot 8; thence South along the east or rear line thereof to the Southeast corner of Lot 8; thence West along the South line a distance of 28 feet; thence in a straight line to the point of beginning, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. n U 33 Lit Q > a a s I o . z , > Q •? LiJ W z TERRACE ?SUNSE TERRACE R.C. SOEN'S ADC a ?. A PLEX API. 7 Z I 4 < - . 2 32A-TE .0 NEW R/W 5 0 30 30 a V) _36 8 C. f Op !40 4 q) 4 4 45 ----mac - --t-- - - - ---i- - , qo§ . pc ?34 R/W 35 A k '36 NEW R/M LUMBER SHED TE cu M ) F, 6 • o Perm. Esmt. - Yello Temp. Esmt. - Green a PARCEL SKETCH 35B O O O ul) ul) O ' Ln + + tD + + + ++ Ci . U-) O N O fn .- O N v rn f? M Q 4 0 Q Q Q Q' - - N lD U ) sr. ?lwr ?.yy. w (ti{I1MM111.?. . Acquisition Map 01T S&elen 300 Park Place Center 612595.5775 h'laveron& 5775 Wavzata Bouln,ard 1.800.753.5775 3 Asfociates,lnc. hbnneapot,s, h11. 5w6.1228 FAX $95.5773 Property Address: 7700 Pillsbury Avenue ,) 0-) PARCEL NO.: 36 PID NO.: 34 028 24 34 0052 ONVNTER: City of Richfield Description of Taking: Fee Taking for Right of Way The North 30.00 feet of Lot 6 and the South 69.00 feet of Lot 5, all in Block 4, R. C. Soen's Addition, according to the plat on file in the office of the County Recorder, Hennepin County, Minnesota. NOTE: \o boundary survey work was performed as to the precise 1 hereby certify that this surety, plan, or report was prepared by lowion of this tract moor under my direr super4sloo and that I am a duty licensed land surveyor under the laws of the State of '•tlnncsota. 1o z 3 Z D. E•dMIard Ames, L.S. ie No. It 3r1i I)me EnCnrrrs • Archarrts • P:.tinncn • SUncr.r6 35 5F ? Y y < J 3 0 W 'z _ H N N {(y/?1 W W m J Z I'y ]1 Q G C j G 0 Y cc ? W f y O O F• 1- Y < W 15 U5 gg ?+ QQ ? ++ J C? C N S a Z w 0 O I t +I Q n co co O 00 Ln I I a W Q J a F- O F- LLJ W F- S F- N W Z 2 +I +I W o it o 4 U- ti. +1 +I N y / LL. U- <O N C3 O 'wO 0 co O to (n c.) V' ° o O F z • • I? Q Q O Q (? Z N M M O? ? ?W%? (9 O W pA x a II II r- a w ? °" F II II W S S 3 0 F- F- \ Z cr- O C .? O O c Q Z (n ° 3 M W W W W Z = F- F- .?. i yQ aag ?7F C? •$8 o?°,° oae Ovo C4 dFN_ xa? ?tg .,a g? e? Zc °o c E o"?+ o Q V N p? \ O i co G C O 3 Q U PARCEL NO.: 43A PID NO.: 34 028 24 43 0007 OWNER: Marno-Max Company Description of Taking: Orr Schelen 300 Park Place Center 612.595-5775 OASVA hiaveron& 5775\%Iavzata Boulevard 1.800-753-5775 Associates, Inc. htinneapolis, h1N 55416-1228 FAX 595-5773 5F3J?) Property Address: 7717 Nicollet Avenue A temporary construction easement for roadway and utility purposes over, under and across the East 9.00 feet of the West 42.00 feet of the South 60.00 feet of the North 90.00 feet of the West 315.00 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. Said temporary easement expires December 31, 1993. r r NOTE: No boundary survey work was performed as to the pr cise location of this tract 1 hereby cortiry that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the lass's of the State of Minnesota. '4" 1 A 34Z- A. Edward Ames. L.S. Lia No. 11394 ' pate rnC?nerrs • Arch?trcta . 1`annrn S?nr)?ea o r F- 2 W 3 '7 _ LL ??- ? t t% N 0 Y t N j 1W{ x J _ C g OZ N J a` o ff ?. g g v i? X Z s 0. ? U d rt .. .... !......... g ? i _ a F i a ? i u a • W r ? V1 Q c= j = ct o = ti n L W W....._.........._..........._._....._ Cr- . ......._....... H,^ VI S *a F • o`ini< s?& 's3 r Z ? 1 iai ,09 ( ZS 'ON *Gd' '03) . - - N *S ' 3Ad 13-1-l00 I N' o i m O c O 3 a O i.1 O Orr Schelen 300 Park Place Center 612-595.5775 0'U5X:-- h1averon& 5775 \\'ayzata Boulevard 1.800-753.5775 Associalesjnc. Minneapolis, KIN 554)6-1228 FAX 595-5773 5 r- --m- Property Address: 7638 Stevens Avenues PARCEL NO.: PID NO.: OWNER: 46A 34 028 24 43 0044 Robert C. Regan Description of Taking: A temporary construction easement for roadway and utility purposes over, under and across the South 8.00 feet of the East 75.00 feet of Lot 7, Block 3, A. G. Bogen Company's Nicollet Avenue Addition, according to the plat on file in the office of the County Recorder, Hennepin County, Minnesota. Said temporary easement expires December 31, 1993. NOTE: No boundary survey work was performed as to the precise I hereby rert)fy that this survey, plan, or report was prepared by location of Ns tract me or under my direct supervision and that I am a duly licensed land surveyor under the lasts of the State Minnesota. Jo ?3 L D. • ward Anus. L.S. Lie. No. 11393 Date tng:nrrrs • Archnrcls • r;a,nnPra • G nr? t5 J W ? V VI ? N LL. N W s = ¢ F ?LZyy J L Ln Z < d' O 17 pp < y<j < W F Q O C ? W < a < r a {? { ? , L y W Q U N o ti o N w I GI N J • O ? U Q z ......................... ...... _...... ................................... ....................................... ................... .. ..... «...... a..... .... ........................... i................................... «.. . . . . LL1 ...... .. ..::::::: LO-0 ......................... ..... -3361-S.... doo.........pa.F..p... \. ........ ....... ?. ...... ... . ... ...... ....5 z+o. ? w ... 1 .:....... s b+.o .................. .. «.. ..... ..... _.._.._.._............................................................... ......................... ......... «...._.._.._......_...................'s..................................._.. ?I I ? Z SF x °0 0 0y w F Z x z a 0 A w a ? aw 4 E- U Ua .s a 0 O a? .$s c.r ?n °a' • Yva EEAA OV1 .aA x- ?sS •?3 0 0 Q P o s" m 0 o ? 0 Orr R Sdtelen 300 Park Place Center 612.595-5775 hia%,eron& 5775 Wavzata Boulevard 1-800.753.5775 ASSociale5,Inc. Atinnea}iolis. hIN 55416.1228 FAX 595-5773 s? S r-qO Property Address: 7639 3rd Avenue PARCEL NO.: • 51A PID NO.: 34 028 24 44 0017 OWNER: Jeffrey A. and Judith A. Smith Description of Taking: A temporary construction easement for roadway and utility purposes over, under and across the South 6.00 feet of the West 67.00 feet of Lot 6, Block 4, A. G. Bogen Company's Third Avenue Addition, according to the plat on file in the office of the County Recorder, Hennepin County, Minnesota. Said temporary easement expires December 31, 1993. NOTE: No boundary survey work was performed as to the precise 1 hereby certify that this survey, plan, or report was prepared by location of this tract me or under my direct supervision and that 1 am a duly licensed land surveyor under the lash of the St of Minnesota. /t7 z3 Z- D. Edward Ames. L.S. L;t No. 11394 I>me rn?:M•(•rS •Arehiie•cla . P«inn?ra • Cunr?•??r5 LLJ LL O L aI -MIN W J Q U N V J z Q • n 7?;? 00 U Q . LLJ rn . 0 V ?Q ?W ZWZ O r 8 0 e?? Y V Z W pp o_ g w N ~ < W p ¢ ~ S y WJ J a `a N N l:f N 6? Z?? VI i a I 7639 1 1 •s •and ad2 z O U W JI?C T H 9 K Z 45 0 a Lr) 1q, 00 CIO o m o o 3 a ? U f V ?? -f a Orr SChelen 300 Park Place Center 612.595-5775 O-AMS%t Mayeron & 5775 Wa\7ata Boulevard 1.800-753-5775 AsioCtates,InC. Minneapolis, KIN 55416-1228 FAX 595-5773 PARCEL NO.: 52 Property Address: 400 E. 77th Street PID NO.: - 34 028 24 44.0005 ONN'N'ER: CITY OF RICHFIELD (CITY PARK) DESCRIPTION OF TAKING: Affects lands described on Certificate of Title No. 269681. Fee Taking for Right of Way: The South 64.00 feet of that part of the North 1/2 of the Southeast Quarter of the Southeast Quarter, Section 34, Township 28, Range 24, lying South of the south line of Block 4, Nicollet Garden Lots Third Addition extended easterly and lying West of the East line of Fifth Avenue as platted in Ranft's Addition; extended northerly, except that part now platted as A. G. Bogin Company's Third Avenue Addition. Subject to the rights of the public for 77th Street East over the south 30.00 feet of said part of the North 1/2. Together with the north 8.00 feet of the south 72.00 feet of the west 177.00 feet of the east 444.00 feet of that part of the North 1/2 of the Southeast Quarter of the Southeast Quarter, Section 34, Township 28, Range 24, lying South of the south line of Block 4, Nicollet Garden Lots Third Addition extended easterly and lying West of the East line of Fifth Avenue as platted in Ranft's Addition, extended northerly, except that part now platted as A. G. Bogin Company's Third Avenue Addition. And a temporary easement for roadway and utility construction, and park restoration over, under, and across that part of said North 1/2 lying northerly of the above described fee taking and southerly of the following described line: Commencing at the intersection of the south line of said NOrth 1/2 and the East line of Fifth Avenue as platted in Ranft's Addition, extended northerly; thence North 00 degrees 15 minutes 07 seconds East, grid bearing, Hennepin County Coordinate System, along said East line extended 244.50 feet to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 11 seconds West 369.52 feet; thence South 38 degrees 19 minutes 45 seconds West 178.66 feet; thence South 89 degrees 55 minutes 11 seconds West 62.00 feet; thence North 61 degrees 09 minutes 37 seconds West 206.79 feet; thence South 89 degrees 55 minutes 11 seconds West 128.45 feet to a point in the East line of said A. G. Bogin Company's Third Avenue Addition distant 204.50 feet north of the south line of said North 1/2 and said line there terminating. or ) I hereby ccrlify that this sursr), plat, or report Bras prepared by 'COTE: No boundary survey work was performed as to the precise location of this tract me or under my direct supervision and that 1 am a duly licensed land surveyor under the laws of the State of Minnesota. L D. Jwatd Ames, L.S. Lie No. 11394 I)me Enrnrr-s • Ar,l:rlects • is^nrrs • Sj-\e\c,!s )5F, `-'5 Parcel No. 52 PID No. 34 028 24 44 0005 Page 2 Affects Land Described on Certificate of Title No. 411638. Fee Taking for Right of Way The south 64:00 feet of that part of Government Lot 1, Section 34, Township 28, Range 24 lying south of the South Line of Block 4, Nicollet Garden Lots Third Addition extended Easterly and lying East of the Easy line of Fifth Avenue as platted in Ranft's Addition, extended Northerly and lying North of RLS #665, files of the Registrar of Titles. Subject to the rights of the public for 77th Street East over the south 30 feet of the said part of Government Lot 1 and subject also to the rights of the public for Portland Avenue South (also known as County Road No. 35) over the east 33.00 feet of said Government Lot 1. Together with the north 8.00 feet of the south 72.00 feet of the east 137.88 feet of that part of Government Lot 1 Section 34, Township 28, Range 24 lying south of the South line of Block 4, Nicollet Garden Lots Third Addition extended Easterly and lying East of the East line of Fifth Avenue as platted in Ranft's Addition, extended Northerly and lying North of RLS #665, files of the Registrar of Titles. And a temporary easement for roadway and utility construction, and park restoration over, under and across that part of said Government Lot 1 lying northerly of the above described line: Commencing at the intersection of the North Line of R. L. S. #665, files of the Registrar of Titles and the East line of Fifth Avenue, as platted in Ranft's Addition, extended northerly; thence North 00 degrees 15 minutes 07 seconds East; grid bearing, Hennepin County Coordinate System, along said East line extended 244.50 feet to the point of beginning of the line to be described; thence North 89 degrees 55 minutes 11 seconds East 86.47 feet; thence South 36 degrees 41 minutes 14 seconds East 174.40 feet; thence North 89 degrees 55 minutes 11 seconds East 107.37 feet to a point on the east line of said Government Lot 1 and said line there terminating. v ,?:.. l 5i Ulr uo U.J I r 'S '3Ad oNVI18 ?FS•vs9 M„60,st.60s r L) ir Z r a> IN Lj O r F= to J< ?I ? I m .. -. . O .- r fl LZFr _ :? --z c? - p Z' ' 3Ad H15 0 p f or I w, o ...... .. ......_..__...... . O W --- -- r -.. Z u • I 1 ?? ...... ...... 1 ZZ 2S a. 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S E :i lDmxol ."o 'o a NQ rnaK AXQ tyNa !>'1<ZOt<X1 m- -t t• 01 y• t -iz 1/.m0.m r t r`I0.0 =Nm r. el f i 10TH AVE. ......-__.._, ... ............ .._..,hti ....._..ry,,....-?.._-_ 7 5C CITY OF RICHFIELD, MINNESOTA Council Letter No. 276 Agenda December 14, 1992 Issue Statement: Sale of unsold houses and garages; 77th Street Project. Background: Thirteen houses and 10 garages remain unsold in the Phase I area. Two bidding rounds were held to make the houses and garages available for sale and removal. As a result, 19 of 32 houses have been sold, as well as 10 of 20 detached garages. The removal deadline for all buildings is February 1, 1993. There is insufficient time to coordinate another bidding round. It is to the City's advantage, however, to sell as many structures as possible prior to the start of, demolition. The budgeted estimated cost of demolition per property ranges between $8,000 and $10,000. The demolition cost of removing only the foundation, basement slab, and salvage material after removal of the buildings ranges from $900 to $2,000. Therefore, demolition costs to the project would be significantly less on.properties without buildings with savings ranging from $6,000 to $8,000 per property. The unsold structures fall into two categories; those which have been offered for sale through the bidding process and for which • acceptable bids were not received (five houses and five garages which are vacant and listed on attached Exhibit A Group I) and, those which have not yet been offered for bid because they were not or are not yet owned by the City and vacant (eight houses and five garages listed on attached Exhibit A Group II). MnDOT/FHWA have already indicated that Group I structures may be sold to non-profit organizations on a noncompetitive minimum negotiated price bases. Park Avenue Urban Program and Leadership Foundation, Minneapolis is interested in purchasing houses to place on lots in Minneapolis for low-income families. They would like to purchase some or all of the five houses in Group I which remain unsold for $50.00 per house. The second group of structures will become City property and vacant during December and January. With a site removal deadline of February 1, 1993, there will be little time to provide for removal. However, with Council authorization, staff would approach MnDOT/FHWA to determine if there would be an acceptable process for setting a price for the sale of these structures to non-profits. Discussion with the City Attorney indicates that it would be legal to sell these properties by informally obtaining quotes. MnDOT/FHWA concurrence must be obtained however. Purchasers of Group I and II structures would have to meet the same contractual and specification requirements imposed on purchasers who followed the previous sales by bidding process. Recommended Motion: 1. Approve the sale of any/all Group I houses to the Park Avenue Urban Program and Leadership Foundation, Minneapolis for $50 each. 2. Approve the sale of Group II houses and garages by an informal quote process to non-profits subject to concurrence by MnDOT/FHWA. Basis of Recommendation: 1. Thirteen houses remain unsold in Phase I; sales may reduce project costs by $6,000 to $8,000 per property. 2. Minneapolis low-income families will benefit through the sale of homes to a nonprofit housing organization. Alternative Recommendation: Direct staff to not pursue potential additional sales. Discussion/Decision Mode: The building removal deadline is February 1, 1993. Approval now would maximize a very short time period for removal. E JDP:ds Respectfu y submitted, James Prosser City M nager 0 ? L 'a- SALE OF UNSOLD HOUSES AND GARAGES EXHIBIT A GROUP I Houses 7612 Emerson Ave. So. 7625 Emerson Ave. So. 7644 Bryant Ave. So. 7645 Harriet Ave. So. 7644 Grand Ave. So. House 7644 7644 7644 7644 7645 7644 7645 7638 as Wentworth Ave. So. First Ave. So. Stevens Ave. So. Second Ave. So. Second Ave. So. Blaisdell Ave. So. Blaisdell Ave. So. Dupont Ave. So. Garages 7645 Colfax Ave. So. 7645 Harriet Ave. So. 7644 Grand Ave. So. 7645 Grand Ave. So. 7645 Wentworth Ave. So. Group II Garages 7644 Stevens Ave. So. 7644 Second Ave. So. 7645 Second Ave.So. 7644 Blaisdell Ave. So. 7645 Blaisdell Ave. So. U CITY OF RICHFIELD, MINNESOTA Council Letter No. 275 Agenda December 14, 1992 Issue Statement: Adoption of resolution authorizing the initiation of condemnation proceedings against 7645 Lyndale Avenue, Total Petroleum; 77th Street Project. Background: On November 9, 1992 the City Council authorized the purchase of this property and set just compensation at $183,740. The offer was subsequently.presented to Murphy Oil the owners of the property. It was rejected. Murphy Oil has undertaken the appraisal of this property in preparation of a counteroffer. Recommended Motion: Adopt a motion approving the attached resolution which authorizes the initiation of condemnation on 7645 Lyndale Avenue. Basis of Recommendation: 1. Ownership of this parcel is necessary to receive MnDOT/FHWA approval to initiate construction in the spring of 1993. 2. Negotiations can and will continue but a date certain for ownership must be established. is 3. On November 9, 1992 the City Council authorized condemnation of several other properties required to construct 77th Street. Alternative Recommendation: 1. Delay action. 2. Refuse to initiate condemnation. Discussion/Decision Mode: Adoption of the resolution is critical to the timing of the initiation of construction for Phase I. Respectfully submitted, Jame . Prosser Cit anager JDP:ds Sp-) RESOLUTION NO. -C- 0 THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY WHEREAS, the City of Richfield, Minnesota ("City") is a municipal corporation and subdivision of the State of Minnesota organized and operating under Minnesota law, as amended, and is authorized by Minn. Stat. S 413.211 to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117; and WHEREAS, the City Council finds that its citizens and property owners desire that the City widen 77th Street between Interstate Highway No. I-35W ("I-35W11) and TH 77; and WHEREAS, Minnesota Department of Transportation ("MnDOT") has advised the City of MnDOT's intention to improve Interstate Highway No. I-494 (11I-49411) by widening I-494; and WHEREAS, MnDOT and the City have agreed that it is necessary and convenient to widen 77th Street to replace the "frontage road function" and for I-494 which is currently being served by 78th • Street; and WHEREAS, the widening of 77th Street (1177th Street Project") is becoming increasingly more necessary in order to accommodate substantial amounts of present traffic which is: (a) likely to considerably increase at such time as 78th Street is eliminated and (b) provide an additional East-West arterial within the City; and WHEREAS, the City has obtain commitments of substantial financial assistance from the federal and state governments to undertake the 77th Street Project; and WHEREAS, BRW, Inc. and Orr, Schelen & Mayeron, Inc., the consulting engineers retained by the City to design the proposed improvements for the 77th Street Project have identified various parcels of real estate which must be acquired by the City in order to construct the 77th Street Project, including the real estate located at 7645 Lyndale Avenue South ("Subject Property"); and WHEREAS, the Subject Property (all of which is located in the City of Richfield, Hennepin County, Minnesota) is legally described in Exhibit A; and WHEREAS, in order to construct, operate, maintain and reconstruct the 77th Street Project, the acquisition of the Subject 5b -C - Property is necessary and convenient for the promotion of the public health, safety and welfare of the City and its residents; and WHEREAS, City staff members have been unsuccessful in their efforts to acquire the Subject Property by negotiation upon terms and conditions acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The City Council hereby finds acquisition of the Subject Property to be suitable, necessary, convenient and reasonable and for a public purpose to serve the needs of the citizens and property owners of the City. 2. Pursuant to and in accordance with said Minn. Stat. Ch. 117, the City Council further finds that it is in the public interest to authorize and to direct the acquisition of the Subject Property for the construction, operation, maintenance and reconstruction of the 77th Street Project. 3. The City Council hereby finds that it is desirable, reasonable, necessary and convenient, and for a public purpose, for the City to acquire the Subject Property by • eminent domain proceedings in accordance with the provisions of Minn. Stat. Ch. 117, including the early transfer of title and possession of the Subject Property under Minn. Stat. S 117.042. 4. The City Attorney is authorized and directed to acquire the Subject Property by use of eminent domain proceedings pursuant to this Resolution and to immediately seek an Order of the District Court granting access to City for the purpose of inspecting the property, conducting soil borings and drilling monitoring wells if and as may be necessary to remediate environmental contamination, if any. Adopted by the City Council of the City of Richfield, Minnesota this 14th, day of December, 1992.. Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk EXHIBIT A TO RESOLUTION NO. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY CITY PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION 25 7645 Lyndale Avenue South Lots 9 and 10, Block 7, Sunset Terrace, Hennepin County, Minnesota. Registered Property pursuant to Certificate of Title No. 412066. PIN 34-028-24-33-0073. L J A-1 5c- CITY OF RICHFIELD, MINNESOTA Council Letter No.274 Agenda December 14, 1992 Issue Statement: Award of bids for sale and removal of buildings adjacent to 77th Street; 77th Street Project. Background: Eleven houses and five garages were offered for sale and removal in the second round of bid solicitation for Phase I. Advertisements were placed in the Sun-Current, the Star Tribune, and the Construction Bulletin. Letters informing people of the sale went out to all individuals who had expressed interest as well as to all state-licensed building movers. An open house was held on November 12, 1992. Bid specifications and instructions were available at the open house and at City Hall. Approximately 18 bid packages were distributed. Bids were due and opened on November 30, 1992. Six of the eleven houses and two of the five garages were bid upon in the dollar amounts indicated on the attached Exhibit A. No minimum bid was required; separate bids were required for each house and detached garage. The recommended successful bidders are listed on attached Exhibit B. Award letters will be mailed to successful bidders based upon Council approval. The building removal deadline is February 1, 1993. • Recommended Motion: Accept the bid tabulation and award a contract for purchase and removal to the highest successful bidders, as indicated on the attached Exhibit B. Basis of Recommendation: 1. The recommended successful bidders for each house and garage submitted the highest complete bid, as required. 2. All appropriate guidelines were followed. 3. Revenue in the amount of $16,444.00 will be generated as a result of the sale and a significant savings will be realized in demolition costs. Alternative Recommendation: The City Council may choose to reject all bids. Discussion/Decision Mode: February 1, 1993 is the building removal deadline. A delay in awarding purchases could delay the removal of buildings and the start of construction on 77th Street in the late spring. Respectfully submitted, Jam s Prosser Ci JDP:ds 5C--1 l.J Bid Opening Minutes November 30, 1992 12:00 Noon 77th Street Project, House Sale and Removal (Phase I) Bid Number 30-11-92 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the sale and removal of 11 houses and five garages which are part of the 77th Street project. The sale was advertised in the Star Tribune on November 8, 1992, Sun Current on November 4th and November 11, 1992, and Construction Bulletin on November 6, 1992, and made known to state licensed house movers via letter. Present: Tom Ferber, City Clerk Byron Wallace, Community Development Director Cheryl Krumholz, City Manager Representative n U The bids attached as Exhibit A were submitted and read aloud. The City Clerk announced that bids would be tabulated, and considered at the December 14, 1992 City Council meeting. Thomas P. Ferber, City Clerk 0 5e9 M U EXHIBIT A ALL BIDS SUBMITTED FOR HOUSE SALE AND REMOVAL 77TH STREET PROJECT, PHASE I 11/30/92 BID OPENING Address (Houses) Bidder Bid Amount 7616 Emerson Ave. So. 7645 Grand Ave. So. 7645 Pillsbury Ave. So. 7644 Nicollet Ave. So. 7645 Stevens Ave. So. 7645 Third Ave. So. Address (Garages) 7645 Pillsbury Ave. So. 7644 Third Ave. So. Otting Otting Otting Otting Homer Otting Semple Otting House Movers House Movers House Movers House Movers 3uimond House Movers Building Movers House Movers $ 50.00 $ 50.00 $ 50.00 $ 50.00 $12,698.00 $ 2,200.00 $ 3,125.00 $ 100.00 Bidder Semple Building Movers Semple Building Movers Bid Amount $ 420.00 $ 1.00 0 • 5(2-5 EXHIBIT B BIDS RECOMMENDED FOR APPROVAL FOR PHASE I HOUSE SALE AND REMOVAL 11/30/92 BID OPENING • Address (Houses) 7616 Emerson Ave. So. 7645 Grand Ave. So. 7645 Pillsbury Ave. So. 7644 Nicollet Ave. So. 7645 Stevens Ave. So. 7645 Third Ave. So. Address (Garages) 7645 Pillsbury Ave. So. 7644 Third Ave. So. Otting Otting Otting Otting Homer Semple Bidder House Movers House Movers House Movers House Movers 3uimond Building Movers Bidder Semple Building Movers Semple Building Movers Bid Amount $ 50.00 $ 50.00 $ 50.00 $ 50.00 $12,698.00 $ 3,125.00 Bid Amount $ 420.00 $ 1.00 n U CITY OF RICHFIELD, MINNESOTA 5 Bid Opening / November 30, 1992 12:00 Noon 77th Street Project - Phase 1 Bid No. 30-11-92 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for 77th Street Project - Phase 1, bid no. 30-11-92. Present: Thomas Ferber, City Clerk Byron Wallace, Community Development Director Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: PARCEL ADDRESS ; BIDDER ; BID i # i 8 7616 Emerson ;Otting House Movers ; 50.00 ; 31 7645 Grand ;Otting House Movers ; 50.00 ; 37 7645 Pillsbury ;Otting House Movers ; 50.00 ; 42 7644 Nicollet ;Otting House Movers ; 50.00 ; 47 7645 Stevens ;Otting House Movers ; 2,200.00 ; ;Guimond - Shakopee ; 12,698.00 ; 51 7645 Third Ave. ;Otting House Movers ; 100.00 ; Semple Building ; 3,125.00 ; Movers 37 7645 Pillsbury ; Semple Building ; 420.00 ; Movers 50 7644 Third ; Semple Building ; 1.00 ; Movers ; • The City Clerk announced that the bids would be tabulated and considered at the December 14, 1992 City Council Meeting. Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 273 Agenda December 14, 1992 Issue Statement: Adoption of the Administrative Services Agreement to replace the "Trust Agreement with the ICMA Retirement Corporation." Background: One of the•three deferred compensation plans the City offers employees is the ICMA Retirement Corporation (ICMA-RC) plan. Since the inception of the relationship between the City of Richfield and the ICMA-RC, both parties have been working under an agreement entitled "Trust Agreement with the ICMA Retirement Corporation." In a very general way, that agreement refers to the administrative services to be provided by the ICMA-RC and the fees to be paid for those services. However, the agreement no longer provides an accurate portrayal of the current relationship. In 1972, the ICMA-RC managed $459,000 in total assets for 285 participants. Currently, the ICMA-RC manages $2.4 billion in total assets for 145,000 participants, a significant increase. The services which ICMA-RC provides for the administration of the deferred compensation plan have grown as the Retirement Trust has grown. The administrative services ICMA-RC now provides include: 0 ? Educating and enrolling participants. ? Maintaining employer accounts and employee sub-accounts and associated records. ? Reporting investment activity and account information to the employer and employees on a quarterly basis. ? Providing information about various features of the deferred compensation plan on a regular basis. ? Paying benefits and handling related tax reporting. Since the "Trust Agreement" initially entered into does not describe the services ICMA-RC provides in sufficient detail, ICMA-RC has prepared a new Administrative Services Agreement, providing a more accurate and up-to-date description of the existing relationship between the City and ICMA-RC. Recommended Motion: Staff recommends the adoption of the Administrative Services Agreement to replace the "Trust Agreement with the ICMA Retirement Corporation." Basis of Recommendation: 1. The new agreement does not change the services actually provided by ICMA-RC or the fees charged by ICMA-RC for administration of the plan. 5b-I • 2. The "Trust Agreement with the ICMA Retirement Corporation" no longer provides an accurate description of the current deferred compensation plan relationship; the Administrative Services Agreement provides an up-to-date description of the existing relationship. 3. This change is simply a "housekeeping" issue. Alternative Recommendation: 1. The Council may choose to not adopt the Administrative Services Agreement; however, since the Administrative Services Agreement is not intended to affect in any way the investments or the benefits payable under the plan, there should be no reason to not adopt the Agreement. Discussion/Decision Mode: The City Council may adopt the attached resolution and Administrative Services Agreement at the December 14, 1992 City Council Meeting. JDP:cak Respectf ly submitted, Jame Prosser City nnager • 0 RESOLUTION NO. RESOLUTION ADOPTING ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE ICMA RETIREMENT CORPORATION TO REPLACE AN AGREEMENT ENTITLED "TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION" WHEREAS, the ICMA Retirement Corporation administers a deferred compensation plan for certain employees of the City of Richfield; and WHEREAS, the ICMA Retirement Corporation desires to replace its agreement with the City of Richfield entitled, "Trust Agreement with the ICMA Retirement Corporation" with a new Administrative Services Agreement; and WHEREAS, the ICMA Retirement Corporation feels the "Trust Agreement no longer provides an accurate portrayal of the current relationship between the ICMA Retirement Corporation and the City of Richfield; and WHEREAS, the new Administrative Services Agreement provides a more accurate and up-to-date description of the existing relationship between the ICMA Retirement Corporation and the City of Richfield. NOW, THEREFORE, BE IT RESOLVED: 1. The City consents to and enters into the Administrative Services Agreement to replace the "Trust Agreement with the ICMA Retirement Corporation." 2. The City declares Agreement is not intended the deferred compensation plan. Nor is it intended actually provided by ICMA actually charged by ICMA the administration of the that the Administrative Services to affect in any way the investments of plan or the benefits payable under the to change in any way the services Retirement Corporation or the fees Retirement Corporation with respect to plan. Passed by the City Council of the City of Richfield this 14th day of December, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 ICMA RETIREMENT CORPORATION 5f?-3 0 ADMINISTRATIVE SERVICES AGREEMENT 0 Type: 457 Account Number: 0326 ICMA RETIREMENT CORPORATION Plan # 0326 0 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of 1992, (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Richfield ("Employer"); a(n) City organized and existing under the laws of the State of Minnesota with an office at 6700 Portland Avenue, Richfield, Minnesota, 55423. Recitals Employer acts as a public plan sponsor for a,retirement plan ("Plan") with responsibility to obtain the best possible investment alternatives and services ffor employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in the Trust principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide". The Funds are available only to public employers and only through the Trust. In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record- keeping, investment and tax reporting, form processing, benefit disbursement and asset management. LJ -2- ICMA RETIREMENT CORPORATION Plan # 0326 rJ?J? 0 Agreements Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all non-discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts,for participants reflecting amounts deferred, income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. . 2. Replacement of Employer Trust RC and Employer are parties to a Trust Agreement entitled "Trust Agreement with the ICMA Retirement Corporation" (the "Employer Trust") for the administration of the Plan. The Employer hereby terminates the Employer Trust (not the Declaration of Trust of ICMA Retirement Trust) intending that this Administrative Services Agreement evidence the understandings between RC and the Employer with respect to the matters covered Z it. Employer continues to be a party to the Declaration of Trust of the MA Retirement Trust and agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Employer Duty to Furnish Information Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or • -3 ICMA RETIREMENT K? CORPORATION Plan # 0326 beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. 4. Certain Representations, Warranties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust independent upon the continued willingness of the Trustfor `RC to serve in that capacity. (b) RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA- RC Services, Ina. (a wholly owned subsidiary of RC) is registered as a broker-dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document RC shall not be responsible for the eligible status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and mannerrecited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule a partegulation or contract by which the Employer is bound or to which it is 5. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment. of benefits or the transfer of benefits 0 -4- ICMA RETIREMENT CORPORATION Plan # 0326 pursuant to the divorce or separation of participants in the Employer Plan. T he Employer consents to the disbursement by RC of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed and paid at the end of each month on plan assets in the Trust at that time. (b) Acc unt Maintenance Fee. There shall be an annual account maintenance fee o 18.00. The account maintenance fee _is payable in full on January 1 of each ear on each account in existence on that date. For accounts established after January 1, the fee is payable on the first day of the calendar quarter following establishment andis prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust. (d) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan Assets held by the Trust and shall be paid by the Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 8. Responsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation of the Plan. 9. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. • -5- ICMA RETIREMENT CORPORATION Plan # 0326 I* (b) The parties agree that administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents. such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shall become effective unless, within the 60 day period before the effective date the Employer notifies RC in writing that it does not accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure to exercise and no delay in exercising any ",,right , remedy, power or privilege hereunder shall operate, as a waiver of such right, remedy, power or privilege. 11. Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) RC at 777 North Capitol Street, N. E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. Complete Agreement This Agreement shall constitute the sole agreement between RC . and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. 40 -6- ICMA RETIREMENT CORPORATION Plan # 0326 0 In Witness Whereof, the parties hereto have executed this Agreement as of the inception Date first above written. CITY OF RICHFIELD by: igna ure a e Name and I a ease rin INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION by: 012.0 /4? - ep en or o a e Corporate Secretary .0 -7- 3/1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 272 Agenda December 14, 1992 Issue Statement: City Council confirmation of City Manager's appointment of a Hearing Examiner. Background: The hearing officer procedure was established by the City Council in 1985 to hear and decide requests for variances from the literal provisions of the Zoning Ordinance.where unique circumstances would cause undue hardship. The ordinance provides for the appointment of hearing examiners by the City Manager subject to confirmation by the City Council. The term of appointment of an existing hearing examiner, Connie Murray, expires this month and she has indicated a willingness to continue. Recommended Motion: Confirm the City Manager's reappointment of Connie Murray to a two year term as a Hearing Examiner. Basis of Recommendation: 1. Ms. Murray's current term expires on December 31, 1992. • 2. Ms. Murray has experience, training and knowledge as a Hearing Examiner and warrants reappointment. Alternative Recommendation: 1. Defer confirmation to a later Council meeting. 2. Deny confirmation of the appointment. Discussion/Decision Mode: This item has been placed on the consent calendar for December 14, 1992. Respectf y submitted, Jame Prosser City nager JDP:ds 0 a CITY OF RICHFIELD, MINNESOTA Council Letter No. 271 • Agenda December 14, 1992 Issue Statement: Consideration of a resolution recognizing Arthur P. Anderson's public service to the City of Richfield. Background: Arthur P. Anderson was a Richfield civic leader who served as a City Council Member from January 1958 to December 1978. While serving as a City Council Member, Mr. Anderson was instrumental in developing and implementing numerous programs and projects to improve government services for the citizens in the community. Some of the programs and services he initiated in the community included: ? Development of the municipal pool, Wood Lake Nature Center, and Rich Acres Golf Course. ? Construction of the City's water system. ? City's designation as an All American City in the 19501s. ? Established the Richfield Little League. Mr. Anderson was an active member of numerous community • organizations throughout his life. His active participation in these organizations demonstrated his strong commitment and dedication to the community. Recommended Motion: The City Council is recommended to approve the resolution recognizing Arthur P. Anderson's public service to the City of Richfield. Basis of Recommendation: On November 22, 1992, Arthur Anderson passed away. The City should adopt this resolution as a way to recognize and remember Mr. Anderson's extraordinary public service to the City of Richfield. Alternative Recommendation: The Council could decide not to adopt the resolution recognizing Arthur P. Anderson's public service to the City of Richfield. Discussion/Decision Mode: This item is scheduled for Council action at the December 14, 1992 City Council meeting. Resger,&,R,G tly submitted, • Ja Ci JDP:ds . Prosser J-/ 0 RESOLUTION NO. RESOLUTION TO RECOGNIZE ARTHUR P. ANDERSON'S PUBLIC SERVICE TO THE CITY OF RICHFIELD WHEREAS, Arthur Anderson was a civic leader who served with distinction as a Richfield City Council Member from January 1958 to December 1978; and WHEREAS, Arthur Anderson was instrumental in the City's designation as an All American City in the 19501s, developing the City's park and recreational facilities including the municipal pool, Wood Lake Nature Center and Rich Acres Golf Course, building a new City water system, and establishing the Richfield Little League; and WHEREAS, Arthur Anderson will always be remembered and appreciated for his sincere dedication and concern for the citizens in the community through his involvement in numerous civic organizations; and WHEREAS, the City wishes to remember Arthur Anderson's strong commitment and dedicated stewardship to the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Richfield, Minnesota honors and recognizes the outstanding service Arthur P. Anderson provided to the citizens of Richfield. Adopted by the City Council of the City of Richfield this 14th day of December, 1992. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk