11-09-92 agenda
CITY OF RICHFIELD, MINNESOTA
MONDAY, NOVEMBER 9, 1992
CITY COUNCIL CLOSED EXECUTIVE SESSION
6:00 P.M.
LARGE CONFERENCE ROOM
AGENDA
CALL TO ORDER
I. DISCUSSION OF CITY MANAGER'S EVALUATION AND COMPENSATION
COUNCIL LETTER NO. 247
•
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
INTRODUCTORY PROCEEDINGS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF OCTOBER
26, 1992
PRESENTATIONS
1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT
LISTED ON THE AGENDA
2. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15-21, 1992
AMERICAN EDUCATION WEEK IN RICHFIELD
3. PRESENTATION OF GENE JACOBSEN CITIZEN OF THE YEAR PLAQUE FROM
THE HUMAN RIGHTS COMMISSION
COUNCIL LETTER NO. 248
AGENDA APPROVAL
4. COUNCIL APPROVAL OF AGENDA
CONSENT CALENDAR
NOTE: CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE
ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT
CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED
ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS
NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM
BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR
AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON
THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL.
5A. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF 7644 12TH AND 7645
15TH AVENUES FOR 77TH STREET PROJECT C.L. 249
B. CONSIDERATION OF APPROVAL OF RESOLUTIONS AUTHORIZING ENTRY
FOR ENVIRONMENTAL TESTING, TOTAL PETROLEUM AND RICHFIELD-
BLOOMINGTON HONDA; 77TH STREET PROJECT C.L. 250
C. CONSIDERATION OF APPROVAL OF RESOLUTION ESTABLISHING JUST
COMPENSATION AND AUTHORIZING PURCHASE OF 7645 LYNDALE
AVENUE, TOTAL PETROLEUM; 77TH STREET PROJECT C.L. 251
D. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING
CONDEMNATION PROCEEDINGS AND ACQUISITION OF REAL PROPERTY,
PHASE I; 77TH STREET PROJECT C.L. 252
E. CONSIDERATION OF APPROVAL OF AWARD OF BIDS FOR SALE AND
REMOVAL OF BUILDINGS ADJACENT TO 77TH STREET; 77TH STREET
PROJECT C.L. 253
F. ESTIMATE ##1 PAYMENT FOR RICH ACRES GOLF COURSE FAIRWAY
IRRIGATION UPGRADE; NORTHERN IRRIGATION SYSTEMS, INC.;
$41,532.57
G. ESTIMATE #1 PAYMENT FOR CONSTRUCTION & INSTALLATION OF
MINIATURE GOLF COURSE; OLYMPIC POOLS, INC.; $118,350.00
RESOLUTIONS
6. CONSIDERATION OF
GENERAL ELECTION
7. CONSIDERATION OF
AMENDMENT TO CRE.
MINNESOTA
RESOLUTION DETERMINING RESULTS OF CITY
HELD ON TUESDAY, NOVEMBER 3, 1992
COUNCIL LETTER NO. 254
RESOLUTION SUPPORTING CONSTITUTIONAL
ATE NEW PROPERTY TAXPAYERS' TRUST FUND IN
COUNCIL LETTER NO. 255
8. CONSIDERATION OF RESOLUTION TO AMEND LETTER OF UNDERSTANDING
BETWEEN CITY OF RICHFIELD AND CITY MANAGER, ADJUSTING
COMPENSATION
COUNCIL LETTER NO. 256
0 ADMINISTRATIVE REPORTS & OTHER BUSINESS
9. CONSIDERATION OF APPEAL OF 77TH STREET DESIGN PERTAINING TO
MEDIAN BREAK AT FIFTH AVENUE AND 77TH STREET
COUNCIL LETTER NO. 257
AIRPORT BUSINESS
10. AIRPORT STATUS REPORT
11. LEGISLATIVE REPORT
COUNCIL CHOICE
12. COUNCIL DISCUSSION ITEMS
13. CLAIMS AND PAYROLLS
ADJOURNMENT
11
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.
•
9
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 257
Agenda November 9, 1992
Issue Statement:
Consideration of an appeal of 77th Street design pertaining to
median break at Fifth Avenue and 77th Street.
Background:
The current design for 77th Street provides for no median break
at Fifth Avenue and 77th Street. Franchise Associates, Inc., the
operator of the Arby's Restaurant at Fifth Avenue and 78th Street
in Richfield, has requested an appeal of this design. A copy of
the basis for that appeal is attached.
The applicant has requested an opportunity to present this appeal
at the Council meeting of November 9.
Recommended Motion:
Affirm the design without a median break at Fifth Avenue and 77th
Street.
Basis for Recommendation:
1. Provision of a median break at Fifth Avenue and 77th Street
would pose serious traffic operations problems since
inadequate space is available for left turn lane stacking.
• Also, eastbound through traffic on 77th Street could be
backed up beyond Fifth and would block vehicles desiring to
make this left turn movement. Traffic would then back up
into the Portland/77th Street intersection causing additional
traffic congestion.
2. The lack of a median break at Fifth Avenue and 77th Street
will not significantly disrupt the traffic pattern for this
business. The applicant is concerned about potential traffic
restrictions for northbound Portland traffic turning left
onto 78th Street frontage road; however, this is a state
project and should be considered part of the state design.
3. There is a potential for a significant number of requests for
median breaks in this project area. If the City does not
maintain a safety.standard in this case, it would be
difficult to deny other requests. This would increase the
safety hazards and potential for traffic disruptions within
this area.
4. The median break at this location violates state design
standards. The state has informed us they would not approve
of a median break at this location.
5. Additional park space would need to be taken to accomplish
the median break. The Community Services Commission has
recommended against further taking of parkland. The
additional parkland required, should a median break be
q-i
•
provided, would disrupt the layout of recreational activity
areas and require a full Section 4(f) review by the United
States Department of the Interior.
6. The City's traffic committee has also reviewed this request.
Expressing concern about safety and the taking of parkland,
the committee recommended that the median break not be
permitted but that the 77th Street access be maintained as
currently designed.
Alternative Recommendation:
The Council may direct staff to redesign the roadway to permit
the median break at Fifth Avenue and 77th Street.
Discussion/Decision Mode:
This matter will be presented
meeting of November 9.
for discussion at the Council
Respec blXy submitted,
Jame$ P. Prosser
City 'Manager
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Attachment
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Franchise Associates, Inc.
5354 Parkdale Drive
Suite 100
Minneapolis, MN 55416-1690
612) 546-3391 Fax: (612) 546-8342
October 16, 1992
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Martin J. Kirsch
City of Richfield
6700 Portland Ave
Richfield, MN 55423
9-C?Z_
RECEIVED OCT 2 0 199
RE: Appeal of Administrative Decision to Disallow a Median Break at 5th Avenue and
77th Street
Dear Mayor Kirsch:
Tom Foley, your transportation engineer, has informed me that the above referenced
matter will be coming before your meeting on November 9th. As you may recall, back in
April of this year, Chuck Nadler, the President of our company and I met with you to share
with you the potentially devastating impact the 77th. Street project along with the 1-494
project would have on our business. We indicated to you that we would be hiring a traffic
engineer to help us evaluate the possibility of a median break on 77th Street at 5th
Avenue.
Enclosed you will find a copy of a report commissioned by ourselves and the Bogen's
who own the adjacent building which houses the Mongolian Barbeque restaurant. This
report was prepared on our behalves by Barton-Aschman Associates, Inc., a traffic
consulting firm. We have had numerous meetings with Tom Foley and Mike Eastling
about this project. We do not feel they fully understand how detrimental not having a
median break at 5th Avenue and 77th Street will be on our businesses.
Based on our studies done, 75% of our customers enter our property from either 78th
Street on the west, or heading north on Portland, and turning left onto the frontage road.
MNDot has indicated that as a part of the 1-494 project which could start as early as 1998,
those customers who are heading north on Portland will need to come to 77th Street to
reach our property. Requiring them to head west to 4th Avenue and then to head south
to the frontage road and then to head east again to our entrance, is a very circuitous
route. Also, the frontage road that exists today will be cut off by the MNDot project at 4th
Avenue allowing no traffic from the west as exists today. It is MNDot's current intention to
close off the frontage road also at Portland Avenue. This means all of our access in the
future will come from 77th Street. In a sense, we will be at the end of a culdesac. For a
convenience driven business like ours, we are looking at minimally a 45% reduction in our
patronage. We are asking for some relief by having the City allow a median break on
77th Street at 5th Avenue. If possible, we would like to meet with you prior to November
9th and present our position. I will call you to set up a mutually convenient time. Thank
you for your interest in our business.
Sincerely, (Yl gr ki -% 11k I i s wits dt c--(k+6k. C4"45" Z
Doug Kennedy ?
President with S«' you -FOES. dcT. ??
Vice
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Licensee Arby's Roast Beef Restaurants IC 64
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Arby's/Bogen Access Analysis
78th Street and 5th Avenue
Richfield, Minnesota
Submitted to:
Franchise Associates, Inc.
A.G. Bogen Company
Submitted by:
Barton-Aschman Associates, Inc.
August 1992
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ARBY'S/BOGEN ACCESS ANALYSIS
78TH STREET AND 5TH AVENUE, RICHFIELD, MINNESOTA
BACKGROUND
Two major street improvement projects are planned for the area surrounding the
intersection of 5th Avenue and 78th Street in Richfield, Minnesota. The largest project
is the reconstruction and widening of Interstate 494 between I-394 and the Minnesota
River. The project consists of rebuilding many of the interchanges along the corridor
and widening I-494 to provide for more traffic lanes and HOV lanes. The costs of the
project range between $540 to $650 million. It will take 10 years to complete and is
tentatively scheduled for construction in 1997.
The other major project planned in the area is the improvement of 77th Street between
I-35W and Cedar Avenue. Again, the project involves reconstruction and widening. In
this case, the existing two-lane roadway will be widened to a four-lane, divided section.
The project may be extended farther east to the airport, however, this extension is not '
included in the first phase. The 77th Street project is anticipated to begin construction
in 1993 and be completed in 1994
While these projects will obviously provide benefits to motorists traveling in these
corridors, they also may potentially have a negative impact on commercial properties in
the area. Barton-Aschman Associates, Inc. was retained to conduct an analysis of the
1
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0 access changes that will affect two properties at the intersection of 78th Street (north
I494 frontage road) and 5th Avenue. This analysis includes three basic tasks:
1. Observe and document the existing conditions of the street system and access to
both properties. Documentation to include an actual traffic count showing the
number and distribution of patrons on the surrounding street system.
2. Analyze the proposed conditions under two scenarios. The first is that I494 will
be constructed as planned and that 77th Street will also be reconstructed and
widened as planned. The second scenario involves only 77th Street being
reconstructed. Analysis will include a discussion of the effect the improvements
would have on access to the properties in question as well as the effect these
changes may have on customer volume.
3. Develop alternatives-to the proposed designs of 77th Street and I-494/Portland
Avenue that would accommodate the projected traffic on these streets as well as
provide safe and convenient access to the commercial property in the 5th
Avenue/78th Street area.
EXISTING CONDITIONS
Currently, the area between 4th Avenue, Portland Avenue, 77th Street, and 78th Street is
well served by the existing street system. Figure 1 illustrates this system showing the
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r location of traffic control devices and businesses in the area. Seventy-seventh Street is
currently two lanes with one lane in each direction. Portland Avenue is four lanes with
two lanes in each direction. Portland has an interchange at I-494 which directly accesses
the interstate to the west. Access to eastbound I-494 or from westbound I-494 is less
direct. Motorists wishing to make these movements must first go through the
interchange at 12th Avenue.
Full access to the area is provided by way of the intersection of 78th and Portland
Avenue. This intersection allows left-turns to and from Portland Avenue. The same is
true for the intersection of 5th Avenue and 77th Street. Left turns are allowed to and
from 77th Street at 5th Avenue and at 4th Avenue. Observations of traffic flow during
morning, midday, and evening peak periods indicate that traffic is running quite smoothly
at both the I-494 interchange and at the intersection of Portland and 77th Street.
Existing Traffic Volumes
The most current traffic counts available were conducted in the years 1988 and 1989. A
summary of those counts is provided in Figure 2. A capacity analysis was performed at
the I-494/Portland Avenue interchange using these counts. It was found that during the
evening peak hour, the interchange operates at a Level of Service B which translates to
an average vehicular delay of between 10 and 13 seconds per vehicle. This is considered
to be very acceptable and supports the observed operation during these periods.
3
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YEAR 1988/1989 TRAFFIC
EXISTING CONDITIONS
Arby's Traffic Survey
To analyze access to the area, it was necessary to obtain information concerning the
volume and distribution of existing traffic. To obtain this information, a survey was
performed for the three periods of peak operation at the Arby's restaurant located in the
northwest corner of 5th Avenue and 78th Street. At the time of this study, the Bogen
property in the northeast corner was being remodeled for a new tenant. Survey
personnel were located at the intersection of 5th Avenue and 78th Street. They were
instructed to observe and record information as to the number and direction of
customers entering Arby's as well as the direction that was chosen to leave Arby's. The
results of this survey is shown on Figures 3, 4, and 5 and summarized in Table 1.
The most predominant route to Arby's is northbound on Portland Avenue turning left on
78th Street and entering Arby's in a westbound direction. This comprises between 43
and 62 percent of all customer traffic, depending upon the time of day and day of week.
The second most predominant route is by way of 78th Street from the west. This route
comprises between 21 and 24 percent of all traffic, again, depending upon the time of
day and day of week. Of lesser importance are the 77th Street trips which make up the
remainder of the customer base. This information indicates that the majority of
customers driving to Arby's do so because of the existence and convenience of 78th
Street .and the visibility that is received from I-494. The elimination of 78th Street would
have a significant effect on the convenience with which customers can access this
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99-NUMBER OF VEHICLES
(99)-PERCENT OF TOTAL
EXITING & ENTERING
Q?-TRAFFIC SIGNAL
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ARBY'S / BOGEN ACCESS ANALYSIS
¦ NUMBER AND DISTRIBUTION OF
VEHICLES EXITING AND ENTERING
ARBY'S - FRIDAY 6/19/92
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F I G U R E• 4
ARBY'S / BOGEN ACCESS ANALYSIS
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NUMBER AND DISTRIBUTION OF
VEHICLES EXITING AND ENTERING
ARBY'S - FRIDAY 6/19/92
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F I G U R E* 5
ARBY'S / BOGEN ACCESS ANALYSIS
NUMBER AND DISTRIBUTION OF
VEHICLES EXITING AND ENTERING
ARBY'S - SATURDAY 6/20/92
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property. The resulting street system would not provide adequate circulation to support
a viable fast food restaurant such as Arby's.
Pass-By Trips
An important aspect of the retail business, especially fast food restaurants, is the element
of "impulse buying" that occurs by their customers. This phenomena is very important to
studies of traffic because it can have a great effect on traffic projections. We know that
fast food restaurants, for example, have a minimal impact on the surrounding street
system in terms of adding additional traffic. While the driveways and parking lots of a
drive-in restaurant may be busy, the customers going to and from the restaurant would
generally have been using the surrounding street system anyway on their way to or from
another destination. The term "pass-by trips" is meant to describe this situation. The
percentage of pass-by trips, therefore, is the number of vehicles that patronize a
particular business that they were "passing by" on the street anyway. Since these are not
new trips, they do not have to be added to the street system in a traffic impact analysis.
Accordingly, there have been hundreds of studies conducted throughout the United
States which help to document the percentage of pass-by trips that can be expected for a
particular land use. Studies conducted by various agencies and private companies
indicate that the pass-by trip percentage for a fast food restaurant is between 55 and 75
percent. A recent study conducted by Barton-Aschman in Sioux Falls, South Dakota,
showed a pass-by trip rate as high as 77 percent.
•
5
The pass-by trip rate selected will have a great effect in determining the potential loss of
business due to making the trip to and from Arby's less convenient. If, for example, 78th
Street were cut off from Portland Avenue to the east and 3rd Avenue to the west, we
could estimate the reduction in business due to loss of pass-by trip traffic. Assuming that
75 percent of the traffic entering and exiting Arby's either takes 78th Street to Portland
Avenue or west of 4th Avenue and also assuming that the existing pass-by trip rate is 60
percent, we could expect the following reduction in patronage:
Patron Reduction = 0.60 x 0.75 = 45%
It is assumed under this analysis that trips that were made to Arby's specifically for that
purpose (non-pass-by trips) would take whatever circuitous routing was available to get
to the site. Pass-by trips currently on 77th Street would continue to be made, however, it
is doubtful that this percentage is very high due to the fact that Arby's is not visible from
77th Street in either direction. The expectation of only a 45 percent reduction in
patronage may therefore be optimistic.
PROPOSED CONDITIONS
As mentioned earlier, there are two major projects scheduled to be constructed
surrounding the study area. The most certain is the 77th Street widening project which is
scheduled for construction in the spring of 1993. Judging from the results of public
hearings and comments by state officials, the I-494 reconstruction is also fairly certain
6
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but the actual construction period'is unknown due to the scale of the project and the
allocation of funds, etc. For the purposed of analyzing the proposed condition, we have
looked at two scenarios. The first assumes that the City of Richfield will go forward with
its plan to widen 77th Street to a four-lane, divided section. Included would be
intersection work at Portland Avenue which would provide for signalization and left-turn
lanes northbound and southbound on Portland Avenue.
The second scenario considered is the full build concept where I-494 is reconstructed as
well as Portland Avenue between 77th and I-494. Included in this project is the
elimination of interchanges at 12th Avenue and Nicollet Avenue. The Portland Avenue
interchange would be completely replaced with a single-point urban interchange.
F Figure 6 illustrates the proposed street layout with the I-494, Portland Avenue, and 77th
Street improvements in place. Note that with these improvements, 78th Street is vacated
between 5th Avenue and Portland Avenue. In addition, there is a raised median on 77th
Street between 4th Avenue and Portland Avenue. Access to the study area, therefore,
would be limited to eastbound and westbound 77th Street. Left turns from 77th Street.
to southbound 5th Avenue would not be possible. This movement, therefore, would have
to be made at 4th Avenue. Right turns in and out of 5th Avenue would be retained,
however. This configuration will negatively affect access to Arby's for over 75 percent of
its customers. In effect, Arby's is left with a street system that operates similar to that of
a cul-de-sac.
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. Traffic Projections and Intersection Operation
Traffic projections were provided by BRW, Inc., the engineering consultant that is
designing both 77th Street and I-494. These traffic projections are estimated for year
2015 under both scenarios. Figure 7 illustrates the street configuration and summarizes
the traffic projection information for the scenario involving the widening of 77th Street
with no work being done on Portland Avenue except at the intersection of 77th Street.
A capacity analysis indicates that the intersection of 77th and Portland will operate at a
Level of Service D which indicates average vehicular delay of approximately 37 seconds
per vehicle. Similar operation can be expected at the I494/Portland Avenue eastbound
ramp terminal. It operates slightly better, with an average vehicular delay of 26 seconds
s • per vehicle. At the westbound ramp terminal, however, operations without
improvements in year 2015 would be Level of Service F or approximately 65 seconds of
1
delay per vehicle. These additional delays over the existing situation are important in
the analysis of site access and circulation. As delays increase, the back-ups of traffic
i from traffic signals also increase, making it difficult to turn onto or off of the major
street system. If the I-494 interchange were not improved, as in the case of this scenario,
traffic back-ups from the westbound ramp terminal north to 77th Street would be
significant. Because of this, and the apparent agreement of the citizenry that
improvements to I-494 are needed, it is doubtful that a situation will exist in the year
2015 that does not include the improvement of this interchange and I-494.
8
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APPROX.
450'
O
o
c"
4--135
1 4-135
C) m
LO T LID
O
APPROX.
250'
465 -1
180 -+
430-4, CID rn
?
'o
0
N
N
M
LEGEND
999 - P.M. PEAK HOUR TRAFFIC COUNTS
(9999) - 2-WAY AVERAGE DAILY TRAFFIC
- TRAFFIC SIGNAL
F I G U R E• 7
YEAR 2015 TRAFFIC PROJECTIONS
O Barton-Aschman Associates, Inc. NO BUILD 1-494, BUILD 77TH ST.
q"?D
• For this reason, we have spent little additional effort studying the first scenario. We
fully expect the improvements to I-494 to occur in the not too distant future. Figure 8 is
an illustration of the proposed improvements as well as the projected traffic volumes. A
capacity analysis indicates that both the intersection of 77th and Portland and the
interchange at I-494 and Portland will work at a Level of Service C with an average
vehicular delay of 22 seconds per vehicle. This is considered to be quite acceptable and
indicates a system that will function very efficiently.
Unfortunately, the proposed design does not provide for adequate access to adjacent
commercial property. As discussed earlier, removal of the 78th Street connection
between 5th Avenue and Portland and between 4th Avenue and Nicollet Avenue will
greatly impair access to the area. Under this alternative, it can be expected that Arby's
alone will lose more than 45 percent of its business due to lack of adequate access.
ALTERNATIVES
The purpose of the proposed access restrictions are well documented and well
understood by the transportation engineering profession. Poorly placed access points can
result in higher congestion and a less safe facility. Undoubtedly, the closing of 78th
Street between Portland Avenue and 5th Avenue was recommended because of the
location of 78th Street with respect to the I494/Portland Avenue interchange. By
vacating this street, vehicles can no longer access.Por'tland'at that location and must,
therefore, circulate north to 77th Street and then turn south at Portland. Critical to
9
O
O
to
N
N
o O
N? t-150
j ?- 5
26
?-- 265
(15200) (20000)
160 --? I r
470---1-
0 260-7 Nc
O> N
O
O
O
IT
co
APPROX.
750'
0
O
0
v
co
O
rn
N O CD
495
r 560
525 I r
535 -7
to to 0
00'0
w;: (0
0
O
0
CD
m
LEGEND
999 - P.M. PEAK HOUR TRAFFIC COUNTS
(9999)- 2-WAY AVERAGE DAILY TRAFFIC
- TRAFFIC SIGNAL
F I G U R E- 8
ARBY'S / BOGEN ACCESS ANALYSIS
. O YEAR 2015 TRAFFIC PROJECTIONS
Barton-Aschman Associates, Inc. BUILD 1-494, BUILD 77TH ST.
q'gro_
determining the need for removing this access point is a look at the geometrics as well as
traffic volumes. Potentially dangerous access points should be removed if they are in a
location where traffic cannot use them safely. However, we must keep in mind that this
location is within a highly urbanized area with relatively low speeds and high visibility.
With this in mind, we have developed two alternatives for consideration. Scaled
basemaps with right-of-way, utility, and detailed geometric information were not used, so
these alternatives should be regarded as concepts only.
Alternative 1
Alternative 1 is shown on Figure 9. Generally, it consists of adding a median opening on
Portland Avenue at 78th Street continuing to allow 78th Street to exist between Portland
Avenue and 5th Avenue and providing a median opening on 77th Street. Included with
this alternative is the slight modification of the southbound right-turn lane onto I-494. A
tighter radius is proposed to slow southbound traffic sufficiently to allow the frontage
road connection to operate safely. A side benefit of this modification would be better
control of right-turning vehicles who must yield to northbound left-turning vehicles
sharing the same lanes as well as easing the ability of pedestrians crossing the
southbound right-turn lane to see oncoming traffic. .
To test this proposal, we investigated the potential queue lengths for traffic backing up
from the intersection which may affect the movements allowed by opening the medians.
Table 2 lists the critical queue lengths for each build scenario for the year 2015. Two
10
7.1 T
•.•: •'.
j .•;.•'
0
0
O W
W
0J
< O ?
?. p w
ZW
tWW
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sa
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4
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N O
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a c
W C
m ?
CO
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A
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q a4
• columns are provided which indicate queue length. The first column was developed by
using the "SIGNAL85" software package developed by Barton-Aschman Associates, Inc.
The methods and procedures used in the 1985 Highway Capacity Manual published by
the Federal Highway Administration (FHWA) were used for the capacity analysis. An
output of this software is the estimation of the maximum queue length in each direction.
It is estimated that this queue length will not be exceeded over five percent of the time
during the peak period. The second column is the queue length provided by an analysis
using TRANSYT-7F. This is also a widely accepted software package supported by the
FHWA. It provides the average queue length to be expected and it includes the benefits
received by coordinating traffic signals at the two locations. The design queue length,
therefore, should be somewhere between the two listed.
The most important movements to study while reviewing the modifications suggested in
Alternative 1 is the queue length southbound at I-494 and Portland Avenue and
eastbound on 77th Street at Portland Avenue. Only the queue lengths under the Build
1-494 and Build 77th will be examined due to the problems already identified if the I-494
interchange is not reconstructed by the year 2015. Looking at Table 2, the eastbound
left-turn lane queue is expected to be between 190 and 100 feet. The through movement
will back up between 273 and 213 feet. As a result, a minimum of approximately 275
feet should be provided between the median opening and the stop bar for eastbound
77th Street traffic. The left turn storage required for the eastbound left turn appears to
be approximately 175 to 200 feet. While it appears possible to provide a median
0 opening distance of 275 feet, the modifications to the median shown in Alternative 1
11
TABLE 2
CRITICAL QUEUE LENGTHS
Intersection
Movement Year 2015
Build I-494, Build 77th
SIGNA -85 TRANSYT-7F
77th and Portland Northbound Through 457 300
Northbound Left Turn 132 63
Southbound Through 405 288
Southbound Left Turn 186 100
Eastbound Through 273 213
Eastbound Left Turn 191 100
Westbound Through 310 213
Westbound Left Turn 289 150
I494 and Portland Northbound Through 476 300
(Single Point Urban
h
)
I
t Northbound Left Turn 285 150
ange
n
erc Southbound Through 446 200
Southbound Left Turn 298 113
Eastbound Left Turn 279 150
Westbound Left Turn 298 163
0
e-) ?-? (P
CIII
• would encroach upon the required storage for the eastbound left turn on 77th Street.
This design would accommodate average conditions but would not accommodate the
95th percentile traffic event.
The potential modifications to Portland Avenue also require an examination of queue
lengths. Southbound Portland Avenue through movements will require a storage
capacity of approximately 450 feet for the 95th percentile event and 200 feet for the
average event. Southbound left turns will require 300 feet and 110 feet, respectively.
Back-ups from the traffic signal will cross the proposed median opening in this
alternative which would make left turns from Portland Avenue onto the frontage road
more difficult. Left-turn storage requirements are not as great, however, it is likely that
back-ups beyond the frontage road connection would be expected during certain cycles of
some peak periods. Again, the median opening would function acceptably during
average traffic periods, but would not function during the 95th percentile event.
Alternative 2
Alternative 2 represents a compromise between the proposed situation and Alternative 1.
The alternative is illustrated on Figure 10. The key component of Alternative 2 is that
the frontage road is being retained between 5th Avenue and Portland Avenue. The
modifications to Portland Avenue are similar to those suggested in Alternative 1 except
the median opening is no longer provided at the frontage Toad. Modifications to the
• right turn lane in the northwest quadrant of the I-494/Portland Avenue intersection are
12
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W
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ZZZ ?
J
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Z
W
J
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m
10
I ell
q4s
• similar to those proposed in Alternative 1 for the same reasons, i.e., slow traffic down,
better control of right-turn yield, and better operation for pedestrian crossings.
At 77th Street, a design is proposed that will not encroach upon the eastbound left-turn
storage length. This is accomplished by widening the median to a 16-foot section
immediately west of Portland Avenue and creating a separate left-turn lane for
westbound traffic onto 5th Avenue. This alternative would require additional widening
along the north side of 77th Street for approximately 600 feet west of Portland Avenue.
It appears conceptually that this could be done within the existing right-of-way at little
additional cost. This modification would allow left turns onto 5th Avenue and would not
create any safety or congestion problems. Queue back-ups from Portland Avenue should
not exceed the distance between Portland Avenue and 5th Avenue even under the 95th
percentile event. Approximately 150 feet of storage is provided for the westbound left
turn onto 5th Avenue which should accommodate the expected demand. The median
opening and accompanying left-turn storage is retained at 4th Avenue to handle overflow
if necessary. Unfortunately, this alternative does little to accommodate the northbound
left turn onto 78th Street or traffic. approaching Arby's from the east on 78th. Even with
these modifications to the proposed design, approximately 65 to 85 percent of Arby's
current customers will be inconvenienced.
L.J
13
•
?;p
CONCLUSIONS
As a result of this study, several conclusions can be made. The major findings are as
follows:
Existing Conditions
• The existing street system surrounding the commercial area between 4th Avenue,
Portland Avenue, 77th Street, to I-494 functions quite well and provides excellent
access to the area and to Arby's.
k
R
a
• The predominant movement of traffic to and from the commercial area is by way
of the frontage road between Nicollet and Portland Avenue. Actual surveys have
determined that 75 to over 80 percent of patrons to this area use the frontage
road for access to Arby's.
• Independent studies have shown that 55 to over 75 percent of traffic to and from
fast food restaurants involve impulse buyers who are passing by on the existing
street system.
0
14
ql,3()
.7
Proposed Conditions
• If the frontage road were blocked off as proposed, Arby's could expect a
reduction in business of over 45 percent.
• Under average traffic volumes, the median openings recommended in
Alternative 1 could be expected to function properly.
• During the 95th percentile traffic event, the median openings in Alternative 1
would not function well.
n
LJ
• The modifications recommended in Alternative 2 would provide better access into
and out of the area than presently proposed and should not hamper traffic
operations even under the 95th percentile event. However, even this alternative
results in a significant reduction in accessibility compared to existing conditions.
RECOMMENDATION
It is hereby recommended that property owners within the study area meet with the City
of Richfield and MnD.OT to see if other options to the design of Portland Avenue
and/or 77th Street could be explored that would leave the existing access as is. If this is
15
?-9
• not feasible, the property owners should request that the modifications in Alternative 2
be incorporated into the final plans. It is further recommended that property owners
pursue a new signing scheme that identifies the area to motorists on 77th Street at such
time as the 77th Street project is completed.
•
16
8
CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 256
Agenda November 9, 1992
Issue Statement:
Consideration of a resolution to amend the Letter of
Understanding between the City of Richfield and the City Manager,
adjusting compensation.
Background:
A City Council Closed Executive Session was held at 6:00 p.m.
Monday, November 9, to discuss the City Manager's evaluation and
compensation.
Attached is Resolution No. 7831 amending the Letter of
Understanding between the City of Richfield and James D. Prosser,
City Manager, which was approved by the City Council on January
13, 1992.
Mayor Kirsch requested that consideration of a resolution
adjusting the compensation of the City Manager be placed on the
November 9, 1992 Council agenda.
Recommended Motion:
1. The Mayor will provide a summary of the results of the City
Council Closed Executive Session regarding the City
Manager's evaluation and compensation.
2. The City Council should also decide whether to act on the
proposed resolution adjusting the City Manager's
compensation.
Basis of Recommendation:
1. The Mayor has requested this item be placed on the agenda of
the regular City Council meeting of November 9, 1992.
Alternative Recommendation:
1. The City Council could choose to defer action on this item to
a meeting at later date.
Discussion/Decision Mode:
This has been placed on the November 9, 1992 agenda for Council
consideration.
CAK:ttf
0
9-/
RESOLUTION NO.
• RESOLUTION AMENDING THE LETTER OF UNDERSTANDING
BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
The following sections of the Letter of Understanding
between the City of Richfield, Minnesota and James D. Prosser,
City Manager, dated July 14, 1986, is amended as follows:
Section 5, Salary: Employer agrees to increase the City
Manager's base salary of $79,638 by % effective September 1,
1992, payable in installments by the same time as other employees
of the employer are paid.
Section 13, Retirement: Employer agrees to increase the
deferred compensation contribution to an approved plan as
selected by the City Manager from 5.48% to % of base salary
effective September 1, 1992, in equal proportionate amounts each
pay period.
Passed by the City Council of the. City of Richfield, Minnesota
this 9th day of November, 1992.
•
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
RESOLUTION NO. 7831
• RESOLUTION AMENDING THE LETTER OF UNDERSTANDING
BETWEEN THE CITY OF RICHFIELD AND JAMES D. PROSSER, CITY MANAGER
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota as follows:
The following sections of the Letter of Understanding
between the City of Richfield, Minnesota and James D. Prosser,
dated July 14, 1986, is amended as follows:
Section 5, Salary: Employer agrees to increase the City
manager's annual base salary of $75,801 by 2.5% retroactive to
September 1, 1990, and to increase the revised base salary by
2.5% effective September 1, 1991, payable in installments by the
same time as other employees of the employer are paid.
Passed by the City Council of the City of Richfield,
Minnesota, this 13th day of January, 1992.
Martin J. Kirsch, Mayor
• ATTEST:
Thomas P. Ferber, City Clerk
0
CITY OF RICHFIELD, MINNESOTA
. Council Letter No. 254
Agenda November 9, 1992
Issue Statement:
Consideration of a resolution determining results of the City
General Election held on Tuesday, November 3, 1992.
Background:
The City General Election was conducted on Tuesday, November 3,
1992 on the General Election ballot.
Richfield City Charter Section 4.07 states that: "The council
shall meet and canvass the election returns at the next regular
or special council meeting immediately following any regular,
primary or special election but in no event later than the Monday
next following, and shall make full declaration of the results as
soon as possible, and file a statement thereof with the City
Clerk."
Recommendation:
Approve the resolution determining the results of the City
General Election held on Tuesday, November 3, 1992.
Basis for Recommendation:
1. The election judges have certified the returns of the
• election.
2 The City Charter provides that the City Council declare the
results of the election.
Alternative Recommendation:
None.
Discussion/Decision Mode:
This matter has been scheduled for consideration on November 9,
1992.
Resp u ly submitted,
Jame Prosser
Exec ve Director
JDP:ds
0
RESOLUTION NO. 6-1
RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION
OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 3, 1992
BE IT RESOLVED by the City Council of the City of Richfield
that the council, having received and considered the tally of
votes by the election judges of the General Election held
November 3, 1992, the results are determined to be as follows:
Votes cast for Council Member WARD 1 - Four Year Term:
William Bullock 2,126
Susan Rosenberg 3,503
Write-ins: 36
Votes cast for Council Member WARD 2 - Four Year Term:
Greg Allers 2,412
Russ Susag 3,434
Write-ins: 24
Votes cast for Council Member WARD 3 - Four Year Term:
Don Priebe 2,894
Kristal Stokes 2,787
Write-ins: 21
Total number of voters : 20,867
• Total number of spoiled ballots: 737
Attached Appendix A is complete tabulation of results.
BE IT FURTHER RESOLVED that the following list of judges
were those certifying returns of said election:
Shirley Gisselquist (DFL)
Ralph Roberts (IR)
Mae Hermansen (IR)
Lois Kovach (DFL)
Nancy Lindberg (DFL)
Connie McDonald (DFL)
Joyce Morrell (IR)
Edith Nye (IR)
Dorothy Schostag (DFL)
Hazel Splittstoeser (IR)
Lorayne Sutton (DFL)
Arline Thomas (IR)
Bernice Utter (DFL)
Elayne Gilhousen (IR)
Fern Oreck (DFL)
Phyllis Reinmuth (IR)
Lois Karnas (IR)
Catherine Alfano (DFL)
Clara Darsow (DFL)
Alice E. Doyle (DFL)
Lucille Gilbertstadt (DFL)
Laura Herman (IR)
James Harkness (DFL)
Roger Iverson (IR)
Donna Mercer (DFL)
Renee Nelson (IR)
Nan Znidar (DFL)
Sarah Berg - student
Betty Halloran (IR)
Muriel Bernstein (DFL)
n
U
Resolution No.
Page 2
Judges continued:
• Gertrude Broker (IR) Gladys Hayden (DFL)
Ann Burkhardt (DFL) June King (IR)
Jette Floberg (IR) Kathleen Leckner (DFL)
Diane Healy (IR) Jeanne Lindstrom (IR)
Helen Hillstrom (DFL) Patricia Medley (DFL)
Adelle Irrthum (DFL) Beth Oglesbee (IR)
Olga Kelash (DFL) Dorotny Peabody (IR)
William Kennedy (IR) Joan Pelfrey (DFL)
Frederick Moore (DFL) Claire Todd (DFL)
Helen Peterson (DFL) Floyd Young (DFL)
Julian Sandsness (IR) Raymond Ziebol (IR)
Joann Schuldt (IR) Buffi Moss - student
Lavella Turek (DFL) William Stixrud (DFL)
Thelma Urang (IR) Vernette Carlson (DFL)
Deanna Gardner - student Geraldine Stoffel (IR)
Jan Andersen (IR) Emily Day (DFL)
Linda Bloomgren (DFL) Lorraine Demay (DFL)
Art Bailey (IR) Alice Dickinson (IR)
Lois Ball (DFL) Eloise Friend (IR)
Marilyn Beyel (DFL) Joan Helmer (DFL)
Mr. Ted Chao (IR) Bernadette Lais (IR)
Donna Fischer (DFL) Doris Long (IR)
Jack Foeller (DFL) Ruth Lundquist (DFL)
Rose Hoppenrath (IR) Abner Morvig (DFL)
. Jill Horowitz (DFL)
Earl Kommerstad (IR) Ann Mullerleile (IR)
Ruth Pafko (DFL)
Jean Lofstrom (DFL) Judy Schultz (IR)
Robert Mack (DFL) Sandra Sumner (DFL)
Alvina Mjelve (IR) Della Shuck (DFL)
Helen Moritz (DFL) Elizabeth Swanson (DFL)
Martha Prottengeier (IR) Elis Pluhar - student
Marion Thompson (IR) Audrey Winslow (IR)
Mildred Wolfe (DFL) Jennie Lewis - student
Shannon Wright - student Gertrude Herll (DFL)
Danette Kamrath (IR) Mark Amberson (IR)
Gaynelle Buckland (DFL) Helen Beck (DFL)
Angela Aylward (IR) Joann Holt (IR)
Elizabeth Bowman (IR) Marion Horning (DFL)
Linda Boyd (IR) Ray Johnson (DFL)
Beatrice Frankus (DFL) Emil Koebnick (DFL)
Mr. Iva Harper (DFL) Elinor Kuhl (DFL)
Pam Hlady (IR) Michaelene Kvaale (IR)
Mary Lou Janco (DFL) Howard Mortensen (IR)
Lorraine Maki (DFL) Marilyn Nienkirk (DFL)
Phillip Mortenson (IR) Carolyn Ring (IR)
Gayle Ticen (DFL) Ione Waller (DFL)
Helen Volz (DFL) Del Woida (DFL)
Elizabeth Ronay - student Mary Wood (IR)
0
Resolution No.
Page 3
Judges continued:
LJ
LJ
Corrine Cosgrove (DFL)
Barb Cook (DFL)
Maurice Devitt (DFL)
Ray Howe (DFL)
Donna Jordahl (DFL)
Shirley Koebnick (DFL)
Rosemary Koelln (IR)
Sue Lewis (IR)
Margaret Mortensen (IR)
Barbara Peterson (DFL)
Mary Ann Schindler (DFL)
Jack Winslow (IR)
Matthew Oman - student
Ilene Holen (IR)
Pat Bunting (DFL)
Marie Howe (DFL)
Lois Johnson (IR)
Mildred Hines (DFL)
Grace Kovalik (IR)
Eleanor Rasmusson (DFL)
Harriet Ring (DFL)
Helen Shimanski (IR)
Pat Toney (IR)
Gertrude Ulrich (DFL)
Carol Williams (DFL)
63
PASSED by the City Council of Richfield, Minnesota this 9th
day of November, 1992.
ATTEST:
Thomas P. Ferber City Clerk
Martin J. Kirsch Mayor
0
ti
CITY OF RICHFIELD GENERAL ELECTION RESULTS 6-4
November 3, 1992
Total Votes B y Precinct
• Votes Percent 1 2 3 4 5 6 7 8 9
FEDERAL OFFICES
President and Vice President
Bush & Quayle 6,566 31.55% 697 835 872 763 644 635 839 667 614
Clinton & Gore 9,790 47.04% 1120 1183 1216 1055 966 935 1253 1076 986
Fulani & Munoz 8 0.04% 2 1 1 1 3 0 0 0 0
Gritz & Minett 19 0.09% 2 0 4 3 1 4 2 1 2
Hagelin & Tompkins 8 0.04% 1 4 0 0 1 0 1 1 0
Herer & Grimmer 23 0.11% 3 1 4 2 3 3 2 3 2
LaRouche & Bevel 4 0.02% 0 0 0 0 0 2 1 0 1
Marrou & Lord 26 0.12% 2 1 4 4 3 3 5 2 2
Perot & Stockdale 4,328 20.80% 561 423 510 507 440 454 568 447 418
Phillips & Knight 3 0.01% 1 0 0 0 0 0 1 0 1
Warren & Debates 8 0.04% 1 1 0 1 2 2 1 0 0
Write In 28 0.13% 2 3 3 5 4 4 6 1 0
United States Representative - District 3
Dwight Fellman 622 3.13% 76 69 68 68 68 71 83 68 51
Paul Mandell 8,518 42.81% 1042 955 1051 .904 848 812 1090 960 856
Jim Ramstad 10,693 53.74% 1164 1318 1375 1267 1029 1055 1365 1071 1049
Write In 66 0.33% 12 4 3 9 13 8 5 3 9
STATE OFFICES
State Senator - District 40
Phil Riveness 3,308
Barbara Mattson 2,800
i•1rite In 41
State Representative - District 40A
Mark Mahon 2,828
Joyce Henry 3,155
Write In 74
State Senator - District 63
Jane Ranum 8,179
Jim Stewart 5,420
Write In 98
State Representative - District 63B
Edwina Garcia 9,005
Christopher McDonald 4,462
Write In 180
53.80% --- ---
45.54% --- ---
0.67% --- ---
--- 1177 1018 1113 --- --- ---
--- 1050 925 825 --- --- ---
--- 13 14 14 --- --- ---
46.69% --- --- --- 991 876
52.09% --- --- --- 1180 1009
1.22% --- --- --- 27 29
59.71% 1420 1351 1466 --- ---
39.57% 844 982 1015 --- ---
0.72% 11 11 17 --- ---
65.99% 1583 1458 1556 --- ---
32.70% 669 828 907 --- ---
1.32% 28 31 28 --- ---
961 --- --- ---
966 --- --- ---
18 --- --- ---
--- 1476 1273 1193
--- 1041 804 734
--- 21 20 18
--- 1631 1411 1366
--- 846 656 556
--- 35 26 32
COUNTY OFFICES
County Commissioner - District 5
Randy Johnson 15,178 97.87% 1746 1827 1937 1699 1477 1469 1933 1608 1482
Write In 331 2.13% 41 24 36 31 40 38 50 36 35
Suburban Realonal Park Commissioner - District 5
Rosemary Fianzese 7,826 51.760/. 900 998
Margaret Uttrell 7,077 46.81% 809 775
Write In 217 1.44% 19 21
Soil and Water Conservation Supervisor - District 2
e Newberg 13,481 98.16% 1542 1631
Write In 253 1.84% 26 17
970 924 759 741 980 831 723
918 711 705 700 923 777 759
21 31 28 23 17 20 37
1713 1497 1326 1295 1704 1433 1340
23 23 36 27 25 29 47
lls `J
City of Richfield
Nov. 3, 1992 page 2
Total
Votes Percent
I and Water Conservation Supervisor - District 3
Kevin Kasel 6,316 45.09% 764
Gordon Olson 7,479 53.39% 845
Write In 212 1.51% 22
Soil and Water Conservation Supervisor - District 4
Sever Peterson 13,197 98.07% 1513
Write In 260 1.93% 25
668 783 651 674 639 791 674 672
945 944 856 676 692 948 844 729
17 22 24 28 19 17 24 39
1537 1685 1467 1311 1277 1663 1421 1323
22 22 28 38 23 28 29 45
JUDICIAL OFFICES
Chief Justice Supreme Court (Keith Seat)
A.M. (Sandy) Keith 10,712 63.42% 1242 1286 1445 1123 974 1061 1374 1113 1094
Ross A. Phelps 6,071 35.94% 678 722 662 760 610 597 773 682 587
Write In 108 0.64% 14 9 14 12 10 8 11 10 20
Associate Justice, Sup reme Court ( Gardebring Seat)
Sandra S. Gardebring 9,885 59.38% 1147 1161 1313 1075 940 986 1237 1020 1006
Roger A. Peterson 6,619 39.76% 738 823 779 753 625 644 880 742 635
Write In 143 0.86% 17 19 15 19 14 9 15 13 22
Associate Justice, Sup reme Court ( Tomljanovich Seat)
Mark Douglass 7,322 45.37% 916 815 906 789 750 764 858 775 749
Esther M. Tomljanovich 8,687 53.83% 897 1099 1114 994 790 818 1193 931 851
Write In 128 0.79% 21 6 13 10 17 12 12 11 26
Associate Justice, Sup reme Court ( Yetka Seat)
Kevin Johnson 6,711 37.99% 755 842 847 747 593 656 841 735 695
Alan C. Page 10,839 61.36% 1254 1257 1368 1222 1078 1075 1426 1120 1039
Write in 114 0.65% 14 9 9 15 12 6 15 15 19
e Court of Appeals Amundson Seat
Roland C. Amundson 13,067 96.65% 1495 1590 1654
Write In 453 3.35% 45 46 38
Judge, Court of Appeals (Crippen Seat)
Gary L. Crippen 12,837 96.94% 1476 1552 1631
Write in 405 3.06% 31 44 30
Judge, Court of Appeals (Davies Seat)
Jack Davies 12,800 97.09% 1471 1548 1629
Write In 383 2.91% 32 41 31
Judge, Court of Appeals (Forsberg Seat )
Thomas G. Forsberg 12,777 97.19% 1450 1558 1618
Write In 369 2.81% 34 37 28
Judge, Court of Appeals (Huspeni Seat)
Doris Ohisen Huspeni 12,790 97.23% 1458 1556 1628
Write in 364 2.77% 29 39 29
Judge, Court of Appeals (Peterson Seat )
Randolph W. Peterson 12,715 97.10% 1443 1544 1618
Write In 380 2.90% 37 37 33
Jude Court of A als Randall Seat
1437 1244 1270 1672 1392 1313
45 65 49 56 59 50
1400 1223 1250 1640 1378 1287
43 65 42 51 49 50
1402 1219 1247 1623 1372 1289
42 59 39 46 46 47
1398 1220 1246 1643 1370 1274
39 62 37 43 41 48
1394 1226 1239 1632 1379 1278
36 63 40 42 41 45
1384 1218 1236 1633 1366 1273
43 63 35 43 45 44
R. A. (Jim) Randall 12,908 97.52% 1483 1569 1642 1405 1230 1251 1647 1374 1307
Write In 328 2.48% 34 26 27 31 52 33 43 42 40
Judge. 4th District Court (Albrecht Seaft
Peter Albrecht 11,869 97.33% 1356 1422 1495
40rite In 325 2.67% 25 38 27
Judge, 4th District Court (Anderson Seat)
Catherine L. Anderson 11,945 97.25% 1364 1417 1504
Write In 338 2.75% 32 39 32
1300 1166 1166 1500 1282 1182
34 52 30 41 39 39
1306 1175 1167 1515 1310 1187
37 53 34 35 35 41
61--61-
City of Richfield Total
Nov. 3, 1992 page 3 Votes Percent
Arlge, 4th District Court (Burke Seat)
evin S. Burke 11,817 97.43% 1341 1416 1497 1286 1165 1161 1494 1286 1171
Write in 312 2.57% 26 36 24 34 49 28 39 35 41
Judge 4th District Court (Davis Seat)
Michael J. Davis 12,210 97.22% 1369 1483 1554 1324 1184 1189 1565 1316 1226
Write in 349 2.78% 39 38 34 35 51 30 41 41 40
Judge Ch District Court (Ginsburg Seat)
Harvey C. Ginsburg 12,043 97.12% 1359 1451 1541 1313 1159 1173 1552 1293 1202
Write In 357 2.88% 33 39 30 38 58 35 41 37 46
Judge. 4th District Court (Gomez Seat)
Isabel Gomez 12,323 97.30% 1394 1503 1566 1341 1177 1186 1584 1327 1245
Write In 342 2.70% 32 39 32 34 58 38 46 30 33
Judge. 4th District Court (Howard Seat)
William R. Howard 11,960 97.13% 1347 1442 1533 1301 1156 1168 1532 1276 1205
Write In 354 2.87% 35 38 29 41 57 30 42 37 45
Judge. 4th District Court (Dustman Seat)
Marilyn J. Justman 12,120 97.40% 1364 1466 1546 1324 1168 1179 1551 1297 1225
Write In 323 2.60% 30 37 30 33 54 34 39 33 33
Judge. 4th District Court (Kalina Seat)
Harold Kalina 12,009 97.18% 1353 1452 1537 1306 1151 11.68 1547 1291 1204
Write In 348 2.82% 36 39 31 36 58 36 33 35 44
Judge. 4th District Court (Knoll Seat)
Franklin Knoll 11,881 97.07% 1334 1427 1516 1295 1145 1163 1533 1275 1193
Write In 359 2.93% 38 44 31 36 59 35 39 33 44
Judge, 4th District Court (L Lange Seat)
LaJune T. Lange 12,002 97.23% 1356 1448 1525 1318 1157 1175 1535 1288 1200
Write In 342 2.77% 35 42 33 35 54 29 44 32 38
Judge. 4th District Court (Larson Seat)
Gary R. Larson 11,962 97.23% 1350 1445 1525 1300 1159 1172 1534 1282 1195
Write In 341 2.77% 32 46 29 37 53 33 37 33 41
Jude 4th District Court Le Seat
Roberta K. Levy 12,007 97.22% 1356 1447 1530 1300 1166 1171 1542 1288 1207
Write In 343 2.78% 31 40 29 40 53 35 40 35 40
Judge, 4th District Court (McKinsey Seat)
E. Anne McKinsey 12,035 97.38% 1358 1457 1531 1317 1166 1177 1541 1290 1198
Write In 324 2.62% 30 37 27 36 52 31 39 34 38
Judge. 4th District Court (Montgomery Seat)
Ann Montgomery 12,110 97.41% 1372 1465 1547 1314 1167 1184 1553 1300 1208
Write In 322 2.59% 32 40 27 30 53 31 36 35 38
Judge. 4th District Court (Sommerville Seat)
John J. Sommerville 11,888 97.13% 1338 1427 1522 1296 1146 1168 1529 1271 1191
Write In 351 2.87% 35 44 28 38 53 36 36 38 43
Judge. 4th District Court (Stanoch Seat)
John M.Stanoch 11,901 97.11% 1338 1428 1520 1298 1152 1160 1531 1277 1197
Write In 354 2.89% 33 38 31 35 56 37 45 36 43
Judge, 4th District Court Wieland Seat
cy A. Wieland 12,101 97.36% 1358 1454 1549 1320 1163 1186 1555 1304 1212
rite In 328 2.64% 35 44 27 32 52 32 37 30 39
City of Richfield ?i Total Votes By Precinct
Nov. 3, 1992 page 4 Votes Percent 1 2 3 4 5 6 7 8 9
• CITY OFFICES
City of Richfield Council Member - Ward 1
Bill Bullock 2,126 37.53% --- - 795 781 550 --- --- --- ---
Susan Rosenberg 3,503 61.84% --- --- 1325 1160 1018 --- --- --- ---
Write In 36 0.64% --- --- 16 6 14 --- --- --- ---
City of Richfield Council Member - Ward 2
Greg Allers 2,412
--- 659 901 --- ---
41.09% --- 852 --- ---
Russ Susag 3,434
--- 999 1324 ---
58.50% --- 1111 --- ---
Write In 24 0.41% --- 7 --- --- --- 6 11 --- ---
City of Richfield Council Member - Ward 3
Don Priebe 2,894 50.75% 959 --- --- --- --- --- --- 922 1013
Kristal Stokes 2,787 48.88% 1102 --- --- --- --- --- --- 933 752
Write In 21 0.37% 4 --- --- --- --- --- --- 5 12
Totals By Precinct
Turnout Statistics Total 1 2 3 4 5 6 7 8 9
Registered at 7:00 AM' 24,293 2700 2818 3112 2635 2639 2438 3027 2613 2311
Registered Election Day 3,133 406 325 345 305 519 328 292 317 296
Total Registered Voters 27,426 3106 3143 3457 2940 3158 2766 3319 2930 2607
Absentee Ballots 2,353 280 435 379 233 103 206 276 284 157
Total Voters 20,867 2397 2463 2620 2347 2075 2050 2680 2203 2032
Voter Turnout 76.08% 77% 78% 76% 80% 66% 74% ` 81% 75% 78%
0
ID
•
BOB LONG
Councilmember
CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
October 13, 1992
Martin Kirsch
Mayor of Richfield
6725 Penn Avenue
Richfield, MN 559-31
Dear
o rsch:
71 ?'
7-?
As you may recall, I sent a resolution to you a few months ago for consideration by you and
your City Council. The resolution calls for the Legislature to support a constitutional
amendment dedicating the funding for the Local Government Trust Fund and requesting
the League of Minnesota Cities to make such an amendment one of their priorities for 1993.
The constitutional amendment would dedicate the two cents of the state sales tax now going
to the Local Government Trust Fund and would rename the fund the Property Taxpayers'
Trust Fund. By guaranteeing a consistent funding source for the Property Taxpayers' Trust
Fund, local governments' abilities to meet the needs of their constituents will be enhanced.
As a local government official from a city that receives more than $3 million in Local
Government Aid, I am sure you understand the destabilizing effect that the continued
tinkering with the current Local Government Trust Fund has on your city. The total
elimination of LGA contained in the Trust Fund, as has been proposed by the Governor
and others, would be devastating.
Enclosed is a list of cities that have passed this resolution. As you can see, the number of
cities supporting a constitutional amendment is large and it grows every day. I am asking
that your City Council consider passing a similar resolution during the next month so we can
begin talking with legislators. It is extremely important to get your city to adopt this
resolution to strengthen our case at the Legislature. The LMC's Revenue Committee has
supported the constitutional amendment position unanimously, and it will go before the full
membership at the November policy adoption meeting. In addition to sending a copy of
your resolution to the League, please also send me a copy so we can continue to keep track
of which cities have acted.
If you have any questions or comments, please contact me at 298-4473.
0
Kest regards,
Bo
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102
612/298-4473
S-41W 46
Printed on Recycled Paper
CITIES SUPPORTING A CONSTITUTIONAL
AMENDMENT DEDICATING STATE SALES TAX
FUNDS FOR PROPERTY TAX RELIEF
Oct. 13, 1992
sft*uist
Argyle
* Thief River Falls
Warren
Ersldne* * Bigfork Grand Morass
Fertlo* Bemidji Mddnle A
Chisolrr**? Lakes
} Ada Keewatin* ti' Buhl
Grand Rapids *LXPrW9
{ Moorhead * Gallaway *Remer Two Harlon
• Cloquet* . Duluth
Deerwood
{ East Gut Lake
Battle Lake
Brandon * * Long Prairie * WalgO°n
eatan *Royalton
Foley
SL Stephan * *Rapkls* BroFam
Hancock SL
Andover independence
Uttle Canada
Waddru< Beacom
Murdock * Big Lake Apple Valley
Champlin Long Lake
Marine on St. Croix
*Atwater Crystal
Cottage Grove Minneapolis
(pending)
Cawmai* * Lester Prairie Excelsior
Paul
Oakdale
Bird W Falcon Heights Otsego
*Mkmeota * Now Market Ham Lake St. Paul .
1 IQken
Lyrid
*Ves1aF axe Hanover
efogo West St. Paul
Mankato,,
ft".
Lake CryaK
Wase (
C-ftW
* 17 a
*
*
Lake Wlison *
y _ ?
y
SWWL '
^d0m * "' 0 ? ?
Lakelleld
j J
* Fairmont
or-*
l ?Worthtpton adOO? `
"ad Ruahford
r
* Elmore .
•
POPULATION REPRESENTED:
L d
1,258,194
CITIES REPRESENTED: 102
-(,o Oct. 13, 1992
CITIES ADOPTING RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT
DEDICATING 2 CENTS OF STATE SALES TAX FOR PROPERTY TAX RELIEF
,rmml,TY
POP. DATE OF
ADOPTION
CITY
POP. DATE OF
ADOPTION
ADA 1,708 Sept. 8, 1992 KILKENNY 167 Oct. 9, 1992
ADRIAN 1,141 Sept. 21, 1992 JACKSON 3,559 Aug. 4, 1992
ANDOVER 15,216 Sept. 15, 1992 LAKE CRYSTAL 2,084 Sept. 8, 1992
APPLE VALLEY 34,598 Sept. 24, 1992 LAKE WILSON 319 Sept. 16, 1992
ARGYLE 636 Sept. 8, 1992 LAKEFIELD 1,679 Sept. 8, 1992
ATWATER 1,053 Sept. 18, 1992 LAPRAIRIE 438 Sept. 16, 1992
AURORA 1,965 Oct. 6, 1992 LEWISTON 1,298 Sept. 9, 1992
AUSTIN 21,907 Sept. 8, 1992 LESTER PRAIRIE 1,180 Sept. 8, 1992
BATTLE LAKE 698 Sept. 8, 1992 LITTLE CANADA 8,971 Sept. 23, 1992
BECKER 902 Oct. 6, 1992 LONG LAKE 1,984 Sept. 16, 1992
BEMIDJI 11,245 Sept. 21, 1992 LONG PRAIRIE 2,786 Sept. 21, 1992
BIG LAKE 3,113 Sept. 21, 1992 LUVERNE 4,382 Aug. 10, 1992
BIGFORK 384 Sept. 8, 1992 LYND 287 Sept. 14, 1992
BIRD ISLAND 1,326 Sept. 14, 1992 MANKATO 31,477 July 27, 1992
BOVEY 662 Sept. 9, 1992 MARINE ON ST. CROIX 602 Sept. 10, 1992
GRAHAM 1,139 Sept. 8, 1992 MCKINLEY 116 Oct. 6, 1992
BRANDON 441 Sept. 8, 1992 MINNEAPOLIS 368,383 Jan. 10, 1992
BUHL 915 July 7, 1992 MINNEOTA 1,417 Sept. 8, 1992
CALLAWAY 212 Sept. 8, 1992 MOORHEAD 32,295 July 20, 1992
CHAMPLIN 16,849 Sept. 14, 1992 MOUNTAIN LAKE 1,906 Se t. 8, 1992
CHANHASSEN 11,732 Sept. 28, 1992 MURDOCK 282 Sep 10, 1992
CHISHOLM 5,390 Sept. 8, 1992 NEW MARKET 227 Sept. 9, 1992
CLARKS GROVE 675 Sept. 14, 1992 NORTH ST. PAUL 12,376 Aug. 3, 1992
CLOQUET 10,885 Oct. 6, 1992 OAKDALE 18,374 Sept. 8, 1992
COMFRY 433 Sept. 3, 1992 OTSEGO 5,219 Sept. 28, 1992
COSMOS 610 Sept 10, 1992 REMER 342 Sept. 8, 1992
COTTAGE GROVE 22,935 Sept. 2, 1992 ROYALTON 802 Sept. 8, 1992
CRYSTAL 23,778 July 21, 1992 RUSHFORD 1,485 Sept. 14, 1992
YTON 4,443 Aug. 3, 1992 RUTHTON 328 Sept. 8, 1992
RWOOD
W 524 Sept. 8, 1992 ST. CHARLES 2,642 Sept. 8, 1992
EDGE CENTER 1,954 Sept. 8, 1992 ST. CLOUD 48,812 July 20, 1992
DULUTH 85,493 Aug. 24, 1992 ST. PAUL 272,235 May 26, 1992
EAST GULL LAKE 687 Sept. 8, 1992 ST. STEPHAN 607 April 4, 1992
ELMORE 709 Sept. 14, 1992 SAUK RAPIDS 7,825 Sept. 14, 1992
ERSKINE 422 Sept. 24, 1992 SLAYTON 2,147 Sept. 21, 1992
EXCELSIOR 2,367 Sept. 21, 1992 STEWARTVILLE 4,520 Sept. 22, 1992
FAIRFAX 1,276 July 7, 1992 STOCKTON 529 Sept. 8, 1992
FAIRMONT 11,265 Aug. 8, 1992 STRANDQUIST 98 Sept. 8, 1992
FALCON HEIGHTS 5,380 Aug. 12, 1992 THIEF RIVER FALLS 8,010 Sept. 8, 1992
FERTILE 853 Sept. 14, 1992 TWO HARBORS 3,651 Aug. 24, 1992
FOLEY 1,854 Sept. 21, 1992 VESTA 302 Sept. 8, 1992
GRAND MARIAS 1,171 Aug. 12, 1992 WAHKON 197 Sept. 14, 1992
GRAND RAPIDS 7,976 July 27, 1992 WARREN 1,813 Sept. 14, 1992
HALLOCK 1,304 Oct. 5, 1992 WASECA 8,385 Aug. 18, 1992
HAM LAKE 8,924 Sept. 8, 1992 WATKINS 849 Sept. 10, 1992
HANCOCK 723 Sept. 14, 1992 WEST CONCORD 871 Sept. 2, 1992
HANOVER 787 Sept. 17, 1992 WEST ST. PAUL 19,248 Sept. 14, 1992
HOYT LAKES 2,348 Sept. 21, 1992 WHEATON 1,615 Sept. 10, 1992
INDEPENDENCE 2,822 Sept. 8, 1992 WINDOM 4,283 Sept. 15, 1992
KEEWATIN 1,118 July 8, 1992 WINNEBAGO 1,565 Aug. 12, 1992
KELLOGG 423 Sept. 24, 1992 WINONA 25,399 July 20, 1992
KASSON 3,514 Sept. 11, 1992 WORTHINGTON 9,9 7 Jul 27 1992
0
CITY OF RICHFIELD, MINNESOTA
Council Letter No.25.5
Agenda November 9, 1992
Issue Statement:
Adoption of a resolution supporting a constitutional amendment to
create a new Property Taxpayers' Trust Fund in Minnesota.
Background:
In 1991, the Governor and the State Legislature approved the
addition of a h% increase in the state sales tax, raising it from
6% to 6h%. The sales tax increase package also contained a
provision establishing a Local Government Trust Fund which would
receive 20 of the 6h% sales tax to further the state's commitment
to property tax relief. The Local Government Trust Fund would,
in turn, provide property tax relief to municipalities through
HACA and Local Government Aid. It should also be noted that
municipalities such as Richfield were asked to ratify the
imposition of the h% sales tax increase first, then submit their
respective positions to their County Auditors. The additional
sales tax was then voted on county-by-county.
Cities and counties across Minnesota ratified the additional Z%
sales tax because it carried with it the establishment of the
Local Government Trust Fund and the dedicated 20 sales tax
revenue stream to fund it.
• In 1992, while facing further budget deficits, the Governor and
Legislature extended the 6h% sales tax to local government
purchases with the promise of continued property tax relief
through the Local Government Trust Fund.
Now, while facing the specter of another substantial budget
deficit in 1993, it is becoming readily apparent that the
Governor may attempt to solve the state budget problems by
initiating deep cuts in local property tax relief programs. Such
cuts would destroy the concept of a Local Government Trust Fund
and could bring about substantial property tax increases while
destabilizing the revenue bases of municipalities across the
state.
Many cities across Minnesota have already adopted a local
resolution supporting a constitutional amendment to create a new
Property Taxpayers' Trust Fund which would replace the Local
Government Trust Fund and serve the same function.
Attached for the City Council's consideration is a model
resolution which would establish Richfield's official support of
the constitutional amendment.
Recommended Motion:
Adopt the attached resolution supporting a constitutional
amendment to create a new Property Taxpayers' Trust Fund in
Minnesota.
7-i
• Basis of Recommendation:
1. The Local Government Trust Fund, established in 1991, is a
very fair way for cities to share with the state in the
economic ebb and flow of sales tax revenues, while ensuring
a dedicated source of revenue for local property tax relief.
2. The Governor and Legislature have previously established and
reinforced the concept of a Local Government Trust Fund to
provide a dedicated revenue stream for property tax relief.
3. The Governor has indicated that he will concentrate on
eliminating local property tax relief programs in the next
legislative session.
4. Several cities across Minnesota as well as the League of
Minnesota Cities Revenue Committee have gone on record
supporting a constitutional amendment to create a new
Property Taxpayers' Trust Fund in Minnesota. This fund
would simply rename the Local Government Trust Fund and
provide for continual local property tax relief.
•
Alternative Recommendation:
1. The City Council could decide to forego support for such a
constitutional amendment and wait to see what might develop
in the next legislative session.
Discussion/Decision Mode:
If the City Council supports such a resolution, it should be
considered at this Council meeting so that it may be forwarded
to the League of Minnesota Cities as soon as possible
Respectfully submitted,
J
C
JDP:ds
sser
C]
1117 -C;-
RESOLUTION NO.
• RESOLUTION CREATING A CONSTITUTIONAL AMENDMENT
TO CREATE A NEW PROPERTY TAXPAYERS'
TRUST FUND IN MINNESOTA
WHEREAS, the State of Minnesota enacted a 3% state sales
tax in 1967 with the promise to voters that the money would be
returned to them in the form of lower property tax relief for
property taxpayers; and
WHEREAS, in 1991, the Governor and State Legislature
approved the addition of a h% increase in the state sales tax,
raising it from 6% to 6h% with 20 dedicated to fund the Local
Government Trust Fund which was created to continue the state's
commitment to local property tax relief; and
WHEREAS, in 1992, the Governor and State Legislature
extended the 6h$ sales tax to local government purchases with the
promise of continued property tax relief through the Local
Government Trust Fund; and
WHEREAS, each year, local governments are forced to combat
continued attempts to reduce the levels of state revenue
dedicated to local property tax relief through cuts in programs
• such as Local Government Aid; and
WHEREAS, it is anticipated that the state will face another
budget deficit in 1993, making cuts in local property tax relief
programs tempting ways to solve the state's budget problems; and
WHEREAS, Governor Carlson has already publicly announced
that he will concentrate on eliminating local property tax relief
programs during the upcoming legislative session; and
WHEREAS, the League of Minnesota Cities and the Association
of Metropolitan Municipalities have taken positions supporting a
constitutional amendment dedicating 20 of each 6?O collected from
the state sales tax to the Local Government Trust Fund if such
dedication cannot be assured statutorily.
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield
calls upon the State Legislature to support a constitutional
amendment dedicating 2(? of each 6hG collected by the state sales
tax to a new Property Taxpayer's Trust Fund, to guarantee
continued property tax relief from the current Local Government
Trust Fund.
BE IT FURTHER RESOLVED that
urges that the League of Minneso-
• Metropolitan Municipalities make
support for a new constitutional
6hG collected by the state sales
Trust Fund.
the City of Richfield strongly
to Cities and the Association of
one of their 1993 priorities
amendment dedicating 24 of each
tax to a new Property Taxpayer's
73
. BE IT FURTHER RESOLVED that the City requests that the
League of Minnesota Cities begin coordinating a series of state-
wide "Truth in Taxation" meetings with property taxpayers to be
held this fall to educate the public and candidates for state
elected offices on the issues regarding the need for a
constitutional amendment dedicating 20 of each 6k(, collected by
the state sales tax a new Property Taxpayers' Trust Fund to
protect local property tax relief funds from budget cuts during
the 1993 Legislative Session.
Passed by the City Council of the City of Richfield this
9th day of November, 1992.
Martin J. Kirsch Mayor
ATTEST:
Thomas P. Ferber City Clerk
6-E
CITY OF RICHFIELD, MINNESOTA
10 Council Letter No. 253
Agenda November 9, 1992
Issue Statement:
Award of bids for sale and removal of buildings adjacent to 77th
Street; 77th Street Project.
Background:
Nineteen houses and ten garages were available for bidders who
desired to buy and remove them. Advertisements were placed in
the Sun-Current, the Star Tribune, and the Construction Bulletin.
Letters informing people of the sale were sent to all individuals
who had expressed interest as well as to all state licensed
building movers. An open house was held on October 3, 1992. Bid
specifications and instructions were available at the open house
and at City Hall. Approximately 45 bid packages were
distributed. Bids were due and opened on October 22, 1992.
Seventeen of the 19 houses and eight of the ten 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. The Otting House Movers bid
documents were incomplete. Thus, none of their bids were
acceptable. The four houses on which they were the only bidders
will be readvertised for sale during November.
Award letters will be mailed to successful bidders based upon
Council approval. The building removal deadline is February 1,
1993.
Recommended Motion:
1. Accept the bid tabulation and award a contract for purchase
and removal to the highest successful bidders, as indicated
on the attached Exhibit B.
2. Reject the bids of Otting House Movers as being incomplete.
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 $85,600 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.
0
5L I
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.
Respect lly submitted,
Jame Prosser
City pager
JDP:cak
0
Bid Opening
October 22, 1992
12:00 Noon
77th Street Project, House Sale and Removal (Phase I)
Bid Number 22-10-92
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 19 houses
and ten garages which are part of the 77th Street project. The
sale was advertised in the Star Tribune on September 27, 1992,
Sun Current on September 23rd and September 30, 1992, and
Construction Bulletin on September 25, 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
The bids attached as Exhibit A were submitted and read aloud.
The City Clerk announced that bids would be tabulated, and
considered at the November 9, 1992 City Council meeting.
•
Thomas P. Ferber, City Clerk
NOTE: One page of Frank Fabio's bid proposal was inadvertently
not read. This became apparent when the bids were
checked for completeness. All of Mr. Fabio's bids were
considered in the final recommendation.
0
SE-3
Page 1 of 3
0 EXHIBIT A
ALL BIDS SUBMITTED FOR HOUSE SALE AND REMOVAL
10/22/92 BID OPENING 77TH STREET PROJECT, PHASE I
Address (Houses) Bidder Bid Amount
7616 Emerson Ave. So. Otting House Movers $ 1,200.00
7620 Emerson Ave. So. Ernst Mach & House Movers. $ 9,331.00
Semple Bldg Movers $11,229.99
Frank Fabio $ 7,666.00
Otting House Movers $ 6,800.00
Michael Skinner $ 4,000.00
7633 Emerson Ave. So. Ernst Mach & Housemovers $ 5,097.00
Semple Bldg Movers $10,199.99
Frank Fabio $ 6,360.00
Otting House Movers $ 9,000.00
7639 Emerson Ave. So. Ernst Mach & Housemovers $ 3,000.00
Semple Bldg Movers $ 3,760.00
Frank Fabio $ 5,360.00
Otting House Movers $ 5,400.00
•
7644 Dupont Ave. So. Ernst Mach & Housemovers $11,541.00
Semple Bldg Movers $10,679.99
Frank Fabio $ 7,360.00
Otting House Movers $ 3,500.00
7645 Dupont Ave. So. Ernst Mach & Housemovers $14,231.00
Semple Bldg Movers $11,750.00
Frank Fabio $ 7,666.00
Nicholas Schneider $ 5,400.00
Otting House Movers $ 5,200.00
7644 Colfax Ave. So. Nicholas Schneider $ 2,200.00
Otting House Movers $ 200.00
Michael Skinner $ 3,500.00
7645 Colfax Ave. So. Ernst Mach & Housemovers $ 1,600.00
Otting House Movers $ 1,200.00
7644 Bryant Ave. So. Otting House Movers $ 1,200.00
7645.Bryant Ave. So. Frank Fabio $ 1,360.00
Otting House Movers $ 2,200.00
5E-4
•
EXHIBIT A (continued)
Page 2 of 3
•
Address (Houses)
7644 Aldrich Ave. So.
7645 Aldrich Ave. So.
7645 Grand Ave. So.
7645 Wentworth Ave. So.
7644 Nicollet Ave. So.
7645 First Ave. So.
7644 Third Ave. So.
Bidder
Ernst Mach & Housemovers
Semple Bldg Movers
Frank Fabio
Otting House Movers
Ernst Mach & Housemovers
Otting House Movers
Otting House Movers
Ernst Mach & Housemovers
Otting House Movers
Otting House Movers
Ernst Mach. & Housemovers
Mark Schwartz
Otting House Movers
Michael Skinner
Ernst Mach & Housemovers
Frank Fabio
Nicholas Schneider
Otting House Movers
Bid Amount
$ 9,079.00
$ 4,999.99
$ 7,360.00
$ 8,200.00
$ 809.00
S 550.00
S 1,200.00
$ 1,500.00
$ 290.00
$ 1,200.00
$ 3,360.00
S 6,851.00
$ 3,200.00
$ 3,900.00
$ 6,231.00
$ 1,660.00
$ 3,600.00
$ 4,200.00
U
5 E-
0
0
EXHIBIT A (Continued)
Address (Garages)
7612 Emerson Ave. So.
7616 Emerson Ave. So.
7639 Emerson Ave. So.
7645 Colfax Ave. So.
7645 Bryant Ave. So.
7644 Aldrich Ave. So.
7645 Wentworth Ave. So.
7645 First Ave. So.
Bidder
Semple Bldg. Movers
Otting House Movers
Semple Bldg Movers
Semple Bldg Movers
Richard & Shelly Beane
Otting House Movers
Otting House Movers
Semple Bldg Movers
Richard & Shelly Beane
Semple Bldg Movers
Otting House Movers
Otting House Movers
Semple Bldg Movers
Gordon Baklund
Dan & Arlene Gabrielson
Mark Schwartz
Michael Skinner
Address (Wood Shed)
7644 Tenth Ave. So.
Bidder
Mark Schwartz
Page 3 of 3
Bid Amount
$ 340.00
$ 200.00
$ 1.00
$ 400.00
$ 50.00
$ 200.00
$ 100.00
$ 400.00
$ 50.00
$ 400.00
S 100.00
$ 120.00
$ 400.00
$ 50.50
$ 401.00
$ 500.00
$ 100.00
Bid Amount
$ 55.00
0
5C?0
Page l of 2
0
•
EXHIBIT B
BIDS RECOMMENDED FOR APPROVAL
FOR HOUSE SALE AND REMOVAL
10/22/92 BID OPENING 77TH STREET PROJECT,PHASE I
Address (Houses)
7616 Emerson Ave. So.
7620 Emerson Ave. So.
Bidder
No Qualifying Bidder
Semple Bldg Movers
Bid Amount
$11,229.99
7633 Emerson Ave. So.
7639 Emerson Ave. So.
7644 Dupont Ave. So.
7645 Dupont Ave. So.
7644 Colfax Ave. So.
7645 Colfax Ave. So.
7644 Bryant Ave. So.
7645 Bryant Ave. So.
7644 Aldrich Ave. So.
7645 Aldrich Ave. So.
7645 Grand Ave. So.
7645 Wentworth Ave. So.
7644 Nicollet Ave. So.
7645 First Ave. So.
7644 Third Ave. So.
Semple Bldg Movers
Frank Fabio
Ernst Mach & Housemovers
Ernst Mach & Housemovers
Michael Skinner
Ernst Mach & Housemovers
No Qualifying Bidder
Frank Fabio
Ernst Mach & Housemovers
Ernst Mach & Housemovers
No Qualifying Bidder
Ernst Mach & Housemovers
No Qualifying Bidder
Mark Schwartz
Ernst Mach & Housemovers
$10,199.99
$ 5,360.00
$11,541.00
$14,231.00
$ 3,500.00
$ 1,600.00
$ 1,360.00
$ 9,079.00
$ 809.00
$ 1,500.00
$ 6,851.00
$ 6,231.00
0
5E--7
Page 2 of 2
• EXHIBIT B (Continued)
Address (Garages Bidder Bid Amount
7612 Emerson Ave. So. Semple Bldg. Movers $ 340.00
7616 Emerson Ave. So. Semple Bldg Movers $ 1.00
7639 Emerson Ave. So. Semple Bldg Movers $ 400.00
7645 Colfax Ave. So. No Qualifying Bidder
7645 Bryant Ave. So. Semple Bldg Movers $ 400.00
7644 Aldrich Ave. So. Semple Bldg Movers $ 400.00
7645 Wentworth Ave. So., No Qualifying Bidder
7645 First Ave. So. Mark Schwartz $ 500.00
Address (Wood Shed) Bidder Bid Amount
7644 Tenth Ave. So. Mark Schwartz $ 55.00
TOTAL $85,587.98
ALL BIDS RECOMMENDED FOR APPROVAL SUBMITTED THE REQUIRED BID
SECURITY.
? 0
C?
r
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 252
Agenda November 9, 1992
Issue Statement:
Adoption of resolution authorizing condemnation proceedings and
acquisition of real property, Phase I; 77th Street Project.
Background:
Since approval of the 77th Street project on August 11, 1992 by
MnDOT and FHWA, staff has been working to acquire 20 parcels of
land. The breakout is as follows:
Owned by Purchase
No. City Agreements
owner-occupied single family 14 8 6
Multi-unit apartment 1 0 1
Commercial 5 0 1
To ensure meeting the construction schedule, the City must own
and be in possession of the properties by the end of February.
Condemnation procedures, in conformance with FHWA and MnDOT
guidelines, must be initiated at this time for unowned properties
even where purchase agreements have been executed. (Two
commercial properties, 7645 and 7646 Lyndale Avenue, will be
brought into the proceeding as soon as elgible.) It should be
noted that there will be no real effect on property owners by the
initiation of these proceedings as long as the closings are held
on schedule. These closings are scheduled for the convenience of
the property owners. The condemnation proceeding is only a
safeguard to protect against the anticipated occurrence which
might otherwise impede the closings.
Staff has notified the owners of the condemnation and will be
personally involved in serving any papers necessitated by this
action. All of these owners have found suitable places to move.
The four unit apartment building enjoys a status similar to the
properties discussed above.
relocated.
While a closing on the commercial property at 7701 Harriet Avenue
is scheduled for the week of November 9, negotiations are
continuing on the remaining commercial properties and will
continue with the objective of concluding negotiations prior to a
hearing on the condemnation petition. In addition to 7701
Harriet Avenue, the two other business proposed for condemnation
are an owner-occupied retail facility the owner of which
requested early acquisition to relieve a hardship and an
absentee owned facility from which the business has already
Recommended Motion:
Adopt the attached resolution which authorizes the City to
proceed with condemnation on the properties listed.
58--I
Basis of Recommendation:
1. To maintain the construction schedule, condemnation should be
initiated.
2. MnDOT and FHWA criteria are being met.
3. All the owner-occupied dwellings have purchase agreements and
closing dates. Condemnation will assure passage of title in
atimely manner if the scheduled closing dates are not met
for some reason.
4. Negotiations will continue on the commercial property.
Alternative Recommendation:
1. Reject the request.
2. Delay action.
Discussion/Decision Mode:
Approval will help assure meeting the scheduled spring
construction start.
•
JDP:ds
Respectf ly submitted,
James . Prosser
City anager
0
.moo- ?-
RESOLUTION NO.
• 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. Sec. 412.211 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-35W) 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 (I-494) by widening I-494 to the north; and
WHEREAS, the widening of I-494 will eliminate 78th Street,
the frontage road on the north side of 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" for I-494 which is currently being served by 78th
Street; and
WHEREAS, the widening of 77th Street ("77th 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 obtained 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 ("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
?p-3
WHEREAS, in order to construct, operate, maintain and
• reconstruct the 77th Street Project, the acquisition of the
Subject 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. Sec. 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.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
0
Exhibit A
• to Resolution No.
Resolution Authorizing Condemnation Proceedings and
Acquisition of Real Property
CITY
PARCEL NO. PROPERTY ADDRESS LEGAL DESCRIPTION
15 7638 Dupont Ave. So. Lot 7, Northfelt Addition --
ABSTRACT
24 7648 Lyndale Ave. So. South 30.9 feet of Lot 7,
Glenn's Addition, including
alley -- ABSTRACT
32 7644 Pleasant Ave. So. That part of Lot 8 lying
East of West 121.85 feet
thereof except that part of
said Lot 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 said Lot 8;
• thence West along the
South line a distance
of 28 feet; thence in a
straight line to point
of beginning, Block 2,
Sunset Terrace, according
to the plat thereof on
file or of record in the
office of the Registrar
of Titles, Hennepin
County, Minnesota.
TORRENS Cert. #693105
33 7701 Harriet Ave. So. North 75 feet of North 230
feet of West 1/4, Southeast
1/4, Southwest 1/4 --
ABSTRACT
40 7644 Blaisdell Ave. So. Lot 8, Block 2, R.C. Soens
Addn. TORRENS Cert. #652585
43 7645 Nicollet Ave. So. Lots 9 and 10, Block 4,
A.G. Bogen Company's
Nicollet Avenue Addition.
TORRENS Cert. #679434
5t). 5-
CITY
• PARCEL NO.
44
46
48
49
0
PROPERTY ADDRESS
7644 1st Ave. So.
7644 Stevens Ave. So.
7644 2nd Ave. So.
7645 2nd Ave. So.
LEGAL DESCRIPTION
Lot 8, Block 4, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #327376
Lot 8, Block 3, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #302211
Lot 8, Block 2, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #177081
Lot 7, Block 1, A.G.
Bogen Company's Nicollet
Avenue Addition.
TORRENS Cert. #188879
0
5v
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 251
Agenda November 9, 1992
Issue Statement:
Adoption of resolution establishing just compensation and
authorizing the purchase of 7645 Lyndale Avenue, Total Petroleum;
77th Street Project.
Background:
The attached resolution sets just compensation for the Total
Petroleum property at $183,740. This includes $177,000 for real
estate and $6,740 for fixtures. To date, the City has been
unable to secure permission from Total Petroleum to grant the
City and its contractors the right to enter the property to
determine whether or not the soil is contaminated by hazardous
substances. Thus, just compensation is subject to a reduction if
soil pollutants are found.
Recommended Motion:
Adopt the attached resolution which sets just compensation,
authorizes staff to negotiate and purchase this property at
$183,740 and the City Manager and Mayor to execute a purchase
agreement at this value or less.
Basis of Recommendation:
• 1. The appraisal process has been completed according to MnDOT
and FHWA standards.
2. Funds are available from MnDOT and FHWA.
3. The property is necessary for the construction of 77th
Street.
Alternative Recommendation:
Delay action.
Discussion/Decision Mode:
Adoption of the resolution is critical to the timing of the
initiation of construction for Phase I.
Respec ully submitted,
Jame . Prosser
City nager
JDP:ds
0
5C--1
• 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 as
follows:
Lots 9 and 10, Block 7, Sunset Terrace, Hennepin County,
aka 7645 Lyndale Avenue South.
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, 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 reports 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 including fixtures is set at
$183,740 subject to a negative finding with regards
to soil contaminates and cancellation of any existing
leases.
2. That the City Manager is authorized and directed to
commence negotiations for the purchase of said real
property.
3. That the City Manager and Mayor are authorized to
execute a purchase agreement for the amount of just
compensation set fourth in this resolution.
5C-0-
4. That the City Manager is hereby directed to notify, in
• writing, the owners of subject property as soon as
possible that the City intends to acquire this
property and establish eligibility for relocation
benefits.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
U
CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 250
Agenda November 9, 1992
Issue Statement:
Adoption of resolutions authorizing entry for environmental
testing, Total Petroleum and Richfield-Bloomington Honda; 77th
Street Project.
Background:
There are some properties including Total Petroleum and
Richfield-Bloomington Honda, which have a land use history which
suggests the potential for soil contamination. Total Petroleum
has been used as a service station, and the Honda dealership has
been a farm implement and truck sales and service facility.
While the Total Petroleum parcel will be purchased in its
entirety, only about 30 feet of property at the rear of the Honda
dealership adjacent to 77th Street will be purchased. However,
to eliminate potential liability for the City, it is important to
complete environmental testing prior to purchasing both
properties.
While Total Petroleum has not refused to cooperate, staff has
been attempting to obtain voluntary permission to enter this site
since midsummer. Continued delay threatens the construction
timetable. On Wednesday, November 4, the Honda dealership agreed
to sign. However, since the owner resides in another state and
is currently on vacation, it would be prudent to proceed with the
adoption of the resolution on this property.
Section 117.041 of the Minnesota Statutes provides a legal
process by which a city may gain entry to property for purposes
of an environmental evaluation. The first step is for the
Council to adopt the attached resolutions. Following adoption,
the owners and/or lessees will have 10 days to grant entry and if
they do not, a court order will be sought which will provide the
City with legal entry.
Recommended Motion:
Adopt the attached resolutions which are part of the process for
obtaining the legal right to enter the property at 7645 Lyndale
Avenue and 400 West 78th Street for purposes of determining the
existence of soil pollutants.
Basis of Recommendation:
1. The City needs to gain access to these properties to
determine if soil pollutants are present to prevent the
City from being liable for the cost of their removal if
present.
2. Staff has been working with representatives of the owners
of these properties since midsummer to gain entry but to
date these efforts have been thwarted.
58-1
3. Further delay threatens the Phase I construction timetable.
Alternative Recommendation:
Delay action.
Discussion/Decision Mode:
Staff will continue to seek right of entry permission at the same
time this process is being readied. Further delays will be a
detriment to the project.
ely submitted,
RespeVMdager
James Prosser
City JDP:ds
40
56-0--
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
BEFORE EMINENT DOMAIN PROCEEDINGS
7645 LYNDALE AVENUE SOUTH
WHEREAS, the City of Richfield ("Richfield") is a municipal
corporation and subdivision in the State of Minnesota organized
and operating under Minnesota law, as amended, and is authorized
by Minn. Stat. 412.211 to acquire real estate by exercising the
power of eminent domain under and pursuant to Minn. Stat., Ch.
117; and
WHEREAS, pursuant to Minn. Stat. 117.041, Subd. 2., "... a
political subdivision by resolution may enter property for
purposes of investigation, monitoring, testing, surveying,
boring, or other similar activities necessary or appropriate to
identify the existence and extent of a release or threat of
release of a hazardous substance, pollutant, or contaminant if:
1) The . political subdivision has reason to believe the
acquisition of the property may be required pursuant to an
eminent domain proceeding;
2) The ... political subdivision has reason to believe that a
hazardous substance, pollutant, or contaminant is present on the
property or the release of a hazardous substance, pollutant, or
contaminant may have occurred or is likely to occur on the
property; and
3) Entry on the property for environmental testing is rationally
related to health, safety, or welfare concerns of the ...
political subdivision in connection with eminent domain
proceedings."
WHEREAS, the City is in the process of acquiring necessary
real estate to widen 77th Street between I-35W and Cedar Avenue
("77th Street Project"), has obtained federal and state
commitments to assist in the financing of the design and
construction of the project and has undertaken design of the
proposed improvements, appraisal of affected real estate,
environmental testing,. related legal and other expenses in
furtherance of the proposed 77th Street Project; and
WHEREAS, the real estate located at 7645 Lyndale Avenue
South, Richfield, MN 55423, and which is legally described as
Lots 9 and 10, Block 7, Sunset Terrace, Hennepin County, MN
("Subject Property") is one of the parcels of real estate which
the City must acquire in order to complete the 77th Street
Project; and
58-3
WHEREAS, at the request
consultant, BRW, Inc., Braun
completed a pre-soil boring
which includes the following
of City staff and its engineering
Intertec Environmental, Inc.
assessment of the Subject Property
conclusions:
F.1. Underground and above-ground storage tanks. Out research
and on-site observations have indicated that three USTs
(Underground Storage.Tanks) may currently exist at the Site
("Subject Property"). Our research has indicated that the date
of installation for the USTs registered with the MPCA (Minnesota
Pollution Control Agency) is January 1971. In addition,
information from the City of Richfield indicated that in the
1950's and 19601s, the service station located on the site had
USTs which were located on different locations than the current
USTs located on the Site. The City information regarding the
former service station indicated that five USTs were located at
the Site prior to the current USTs located at the Site. It is
unknown whether soil and/or groundwater contamination exist at
the Site due to possible releases of petroleum from the existing
and/or former USTs. Therefore, Braun Intertec recommends that a
preliminary environmental subsurface evaluation be conducted in
the vicinity of the former and current USTs and associated
product lines to evaluate whether possible releases from the
tanks have adversely impacted the soils and/or groundwater at the
Site.
• F.2. Water Wells and Septic System. Our research indicated that
one water well was located on the Site. In addition, our
research indicated that City sewer was not connected until 1966.
Therefore, the occupants of the Site prior to the connection of
City sewer probably had a septic tank system installed at the
Site. Braun Intertec understands that the Site is currently
connected to the City sewer and water. It is not known whether
the water well and septic system had been properly abandoned.
Water wells and septic systems that are not properly maintained
or that have not been properly abandoned can act as a conduit for
contamination to reach local groundwater. Braun Intertec
recommends that if the water well and/or septic system are
encountered during excavation or future development at the Site,
they would be abandoned in accordance with regulations set forth
by the Minnesota Department of Health Water Well Construction
Code (Minnesota Statutes Chapter 1031).
WHEREAS, City staff and City consultants and attorneys have
requested that Total Petroleum Incorporated, lessee of the
property, ("owner") permit the City and its consultants to enter
the Subject Property for the purpose of performing soil borings
and related sampling and testing to attempt to determine whether
soil located upon the Subject Property or groundwater beneath the
Subject Property may have been contaminated by a release from
within or outside the Subject Property; and
WHEREAS, the owner of the Subject Property has so far
refused to grant the City and its consultants permission to
undertake such activities upon the Subject Property; and
. WHEREAS, the City may incur liability under state or federal
law for conditions of contamination present on the Subject
Property if the City does not attempt in a reasonably prudent
manner to investigate conditions present on the Subject Property
prior to acquisition of the Subject Property; and
WHEREAS, the City desires to be as well informed as possible
concerning the extent of any possible contamination present on
the Subject Property prior to negotiations concerning the
possible purchase price for the Subject Property and prior to
commencement of eminent domain proceedings in the event that the
City is unable to obtain a voluntary acquisition of the Subject
Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
A. The City Council hereby finds that acquisition of the Subject
Property in eminent domain proceedings may be required.
B. The City has reason to believe that a hazardous substance,
pollutant, or contaminant is present on the Subject Property or
the release of a hazardous substance, pollutant or contaminant
may have occurred or is likely to occur on the Subject Property.
• C. Entry upon the Subject Property for environmental testing is
rationally related to health, safety, or welfare concerns of the
City in connection with possible eminent domain proceedings.
D. If the City Attorney has not previously done so, the City
Council hereby directs the City Attorney to serve notice upon the
owner of the Subject Property requesting permission to enter the
Subject Property, stating the approximate time and purpose of the
entry, and giving the Owner the option of refusing entry. The
notice shall also give the Owner the option of requesting an
equal amount of any sample or portion taken from the Subject
Property and a copy of any data obtained or report issued. If
the Owner of the Subject Property refuses to consent to the
entry, the City Attorney is directed to apply for a court order
authorizing the entry and the removal of any sample or portion
from the Subject Property, giving notice of the court order to
the Owner of the Subject Property.
E. The City Engineer and the City Attorney are directed to
require that City employees or consultants who enter the Subject
Property do no unnecessary damage to the Subject Property and
that they restore the Subject Property to substantially the same
condition in which it was found. If said employees or
consultants remove a sample or portion of the Subject Property
for investigation, monitoring, or testing, or if they obtain any
. data or issue any report, they shall give the Owner of the
Subject Property an equal amount of the sample or portion and a
copy of any data or report, if requested by the Owner of the
58-6"
Subject Property, and they shall permit the Owner of the Subject
• Property to perform independent investigation, monitoring, or
testing of the sample or portion.
F. Results of testing performed on the Subject Property shall be
included in any environmental assessment worksheet or
environmental impact statement that the City is required to
prepare under Minn. Stat., Ch. 116D.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Martin J. Kirsch, Mayor
ATTEST:
Thomas B. Ferber, City Clerk
0
0
58-(
RESOLUTION NO.
• THE CITY OF RICHFIELD, MINNESOTA
AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
BEFORE EMINENT DOMAIN PROCEEDINGS
400 WEST 78TH STREET
WHEREAS, the City of Richfield ("Richfield") is a municipal
corporation and subdivision in the State of Minnesota organized
and operating under Minnesota law, as amended, and is authorized
by Minn. Stat. 412.211 to acquire real estate by exercising the
power of eminent domain under and pursuant to Minn. Stat., Ch.
117; and
WHEREAS, pursuant to Minn. Stat. 117.041, Subd. 2., "... a
political subdivision by resolution may enter property for
purposes of investigation, monitoring, testing, surveying,
boring, or other similar activities necessary or appropriate to
identify the existence and extent of a release or threat of
release of a hazardous substance, pollutant, or contaminant if:
1) The ... political subdivision has reason to believe the
acquisition of the property may be required pursuant to an
eminent domain proceeding;
2) The ... political subdivision has reason to believe that a
hazardous substance, pollutant, or contaminant is present on the
property or the release of a hazardous substance, pollutant, or
contaminant may have occurred or is likely to occur on the
property; and
3) Entry on the property for environmental testing is rationally
related to health, safety, or welfare concerns of the ...
political subdivision in connection with eminent domain
proceedings."
WHEREAS, the City is in the process of acquiring necessary
real estate to widen 77th Street between I-35W and Cedar Avenue
("77th Street Project"), has obtained federal and state
commitments to assist in the financing of the design and
construction of the project and has undertaken design of the
proposed improvements, appraisal of affected real estate,
environmental testing, related legal and other expenses in
furtherance of the proposed 77th Street Project; and
WHEREAS, a portion of the real estate located at 400 West
78th Street, Richfield, MN 55423, and which is legally described
on Exhibit A attached hereto ("Subject Property") is one of the
parcels of real estate which the City must acquire in order to
complete the 77th Street Project; and
. WHEREAS, at the request of City staff and its engineering
consultant, BRW, Inc., Braun Intertec Environmental, Inc.
completed a pre-soil boring assessment of the Subject Property
which includes the following conclusions:
5er'1
Underaround and Above Ground_Storaae Tanks
• Our research and on-site observations have indicated that three
USTs (underground storage tanks) were formerly located on the
Astleford property at 400 West 78th Street. In addition, three
petroleum-product USTs are currently located south.of the Site on
the Honda dealership property. Our research has indicated that
none of the USTs currently located on the Honda dealership are
registered with the MPCA (Minnesota Pollution Control Agency).
In addition, the exact locations of the three USTs formerly
located on the Site are unknown.
Off-Site Issues
Braun Intertec did not encounter documentation indicating that
subsurface contamination has occurred at the Site due to a
release from an off-site source. However, the potential exists
that releases of petroleum products from USTs at the adjacent
Honda dealership or other nearby petroleum storage facilities may
have an adverse environmental impact on the soil and groundwater
beneath the Site..
WHEREAS, City staff have requested that the owner of the
Subject Property permit the City and its consultants to enter the
Subject Property for the purpose of performing soil borings and
related sampling and testing to attempt to determine whether soil
located upon the Subject Property or groundwater beneath the
Subject Property may have been contaminated by a release from
within or outside the Subject Property; and
WHEREAS, the owner of the Subject Property has so far
refused to grant the City and its consultants permission to
undertake such activities upon the Subject Property; and
WHEREAS, the City may incur liability under state or federal
law for conditions of contamination present on the Subject
Property if the City does not attempt in a reasonably prudent
manner to investigate conditions present on the Subject Property
prior to acquisition of the Subject Property; and
WHEREAS, the City desires to be as well informed as possible
concerning the extent of any possible contamination present on
the Subject Property prior to negotiations concerning the
possible purchase price for the Subject Property and prior to
commencement of eminent domain proceedings in the event that the
City is unable to obtain a voluntary acquisition of the Subject
Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield as follows:
A. The City Council hereby finds that acquisition of the Subject
Property in eminent domain proceedings may be required.
• B. The City has reason to believe that a hazardous substance,
pollutant, or contaminant is present on the Subject Property or
'58-8
the release of a hazardous substance, pollutant or contaminant
may have occurred or is likely to occur on the Subject Property.
C. Entry upon the Subject Property for environmental testing is
rationally related to health, safety, or welfare concerns of the
City in connection with possible eminent domain proceedings.
D. If the City Attorney has not previously done so, the City
Council hereby directs the City Attorney to serve notice upon the
owner of the Subject Property requesting permission to enter the
Subject Property, stating the approximate time and purpose of the
entry, and giving the Owner the option of refusing entry. The
notice shall also give the Owner the option of requesting an
equal amount of any sample or portion taken from the Subject
Property and a copy of any data obtained or report issued. If
the Owner of the Subject Property refuses to consent to the
entry, the City Attorney is directed to apply for a court order
authorizing the entry and the removal of any sample or portion
from the Subject Property, giving notice of the court order to
the Owner of the Subject Property.
E. The City Engineer and the City Attorney are directed to
require that City employees or consultants who enter the Subject
Property do no unnecessary damage to the Subject Property and
that they restore the Subject Property to substantially the same
condition in which it was found. If said employees or
. consultants remove a sample or portion of the Subject Property
for investigation, monitoring, or testing, or if they obtain any
data or issue any report, they shall give the Owner of the
Subject Property an equal amount of the sample or portion and a
copy of any data or report, if requested by the Owner of the
Subject Property, and they shall permit the Owner of the Subject
Property to perform independent investigation, monitoring, or
testing of the sample or portion.
F. Results of testing performed on the Subject Property shall be
included in any environmental assessment worksheet or
environmental impact statement that the City is required to
prepare under Minn. Stat., Ch. 116D.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Martin J. Kirsch, Mayor
ATTEST:
. Thomas B. Ferber, City Clerk
5g-9
•
•
EXHIBIT A
Legal Description of Thomas F. Wood Property at 400 West 78th
Street
Parcel A:
Par 1: That part of the East 65 feet of the West 1/4 of the
Southeast Quarter of the Southwest Quarter of the Southwest
Quarter of Section 34, Township 28, Range 24, lying South of the
North 314.25 feet thereof, and lying Northerly of a line running
from a point in the East line of the West 1/4 of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant
120 feet North of the Southeast corner thereof, to a point in the
West line of said Southeast Quarter of the Southwest Quarter of
the Southwest quarter distant 150 feet North of the Southwest
corner thereof, according to the Government Survey thereof.
Par 2: That part of the West 1/4 of the Southeast Quarter of the
Southwest Quarter of the Southwest Quarter of Section 34,
Township 28, Range 24, lying South of the North 230 feet thereof
and lying Northerly of the following described line running from
a point in the East line of the West 1/4 of said Southeast
Quarter of the Southwest Quarter of the Southwest Quarter distant
120 feet North of the Southeast corner thereof to a point in the
West line of said Southeast Quarter of the Southwest Quarter of
the Southwest Quarter distant 150 feet North of the Southwest
corner thereof, except that part of the East 65 feet of said
tract lying South of the North 84.5 feet thereof, according to
the Government Survey thereof, Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No.
711184.
Parcel B:
All that part of the
Southwest 1/4 of the
North, Range 24, West
of the East 330 feet
thereof and North of
to the United States
feet of all that part
Southwest 1/4 of the
North, Range 24, West
of the East 330 feet
North 230 feet of the
Southwest 1/4 of the
Range 24, according t
thereof and situate i
East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 34, Township 28
of the 4th Principal Meridian, lying West
thereof and South of the North 220 feet
the North line of State Highway, according
Government Survey thereof; and the North 220
of the East 3/4 of the Southeast 1/4 of the
Southwest 1/4 of Section 34, Township 28
of the 4th Principal Meridian, lying West
thereof. ALSO: The South 155 feet of the
West 1/4 of the Southeast 1/4 of the
Southwest 1.4, Section 34, Township 28,
o the United States Government Survey
n Hennepin County, Minnesota.
Abstract Property
•
6-)q
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 249
Agenda November 9, 1992
Issue Statement:
Adoption of resolution establishing just compensation and
authorizing the purchase of 7644 12th and 7645 15th Avenues for
the 77th Street project.
Background:
The owners .of the property in Phase II of the 77th Street (east
of Portland Avenue) are experiencing a hardship. The sale of
their property at this time would help relieve that hardship.
Recommended Motion:
Adopt the attached resolution which does the following:
1. Sets just compensation at $87,000 and $73,000 respectively
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.
Basis of Recommendation:
1. MnDOT and FHWA appraisal procedures were followed.
• 2. Project funds are available from MnDOT and FHWA.
Alternative Recommendation:
Do not set the purchase price and authorize purchase.
Discussion/Decision Mode:
Approval will make it possible to help relieve the owner's
hardship.
JDP:ds
Respectf ly submitted,
Jame . Prosser
city nager
JA-P-1
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 as;
Lot 8, Block 1 South Murray Lane 2nd Addn, aka 7644 12th
Avenue South,
Lot 9, Block 3 South View Addition, aka 7645 15th Avenue
South
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, 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 to be:
$87,000 for 7644 12th Avenue
$73,000 for 7645 15th Avenue
2. That the City Manager is authorized and directed to
commence negotiations for the purchase of said real
property.
J) - 0
3. That the City Manager and Mayor are authorized to
is execute a purchase agreement for the amount of just
compensation set forth in this resolution.
4. That the City Manager is hereby directed to notify, in
writing, the owners of subject property as soon as
possible that the City intends to acquire his/her
property and establish eligibility for relocation
benefits.
Adopted by the City Council of the City of Richfield,
Minnesota this 9th day of November, 1992.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
•
3
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 248
Agenda November 9, 1992
Issue Statement:
Presentation of•Gene Jacobsen Citizen of the Year Plaque.
Background:
The Gene Jacobsen Citizen of the Year Award has been presented to
award recipients by the Richfield Human Rights Commission for 20
years. In an effort to recognize the award recipients on an
ongoing basis, the Human Rights Commission has coordinated the
construction of a plaque which lists all Gene Jacobsen Award
recipients. The plaque will be mounted in City Hall as a
permanent display honoring those individuals.
The plaque was donated to the City by PLAQUES PLUS of Richfield.
Recommended Motion:
Members of the Human Rights Commission will present the plaque to
the City Council.
Basis for Recommendation:
1. An ongoing display of Gene Jacobsen Award recipients was
suggested by the Human Rights Commission.
• 2. The PLAQUES PLUS firm of Richfield donated the time and
material to prepare the plaque.
Alternative Recommendation:
None.
Discussion/Decision Mode:
Representatives of the Human Rights Commission have been invited
to the November 9, 1992 City Council meeting to make the
presentation.
Respg?cjtfujlly submitted,
James Prosser
City MPaser
JDP:ds
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 247
Agenda November 9, 1992
Issue Statement:
A City Council Closed Executive Session has been scheduled to
discuss the City Manager's evaluation and compensation.
Background:
Mayor Kirsch has scheduled a City Council Closed Executive
Session at 6:00 p.m. on Monday, November 9, 1992 in the Large
Conference Room at City Hall prior to the regular City Council
meeting. This Closed Executive Session is to discuss the City
Manager's performance evaluation and compensation.
Recommended Motion:
Attend the City Council Closed Executive Session to discuss the
City Manager's evaluation and compensation.
Basis of Recommendation:
1. The meeting was called by Mayor Kirsch.
Alternative Recommendation:
1. None.
Discussion/Decision Mode:
• A City Council Closed Executive Session has been scheduled for
6:00 p.m. Monday, November 9. A resolution relating to the
compensation of the City Manager is placed on the regular City
Council agenda under Resolution(s) at which time the Mayor will
provide a summary of the results from the Closed Executive
Session.
Any adjustment to the City Manager's compensation will be
considered and acted upon at the regular City Council meeting
scheduled for November 9, 1992 or such a later meeting as may be
set by the City Council.
CAK:ttf