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2-11-91 agenda r CITY OF RICHFIELD, MINNESOTA Council Letter No. 40 Agenda February ll, 1991 Issue Statement: Receipt of photograph of the Veterans Memorial Park of Richfield playfeature from Warren Anondson, President of Earl F. Andersen & Associates, Inc. Background• Earl F. Andersen & Associates, Inc. supplied playfeature at Veterans Memorial Park of Ricl manufacturer, Landscape Structures, used the center fold of their 1991 catalogue. Warren present to the City Council a framed copy of the catalogue. and installed the zfield in 199.0. The feature as the Anondson is here to the picture used in Recommended Motion: Acknowledge receipt of the framed picture from Warren Anondson and Earl F. Andersen & Associates, Inc. Basis of Recommendation: The playfeature is one of the finest in the world and this picture, appropriately displayed, would provide additional publicity to the general public. Alternative Recommendation: None. Discussion/Decision Mode: Council should accept the photograph, with appreciation, at the February 11 Council meeting. Respectfully submitted, Jame Prosser City anager JDP/gb ~A CITY OF RICHFIELD, MINNESOTA Council Letter No. 41 Agenda February 11, 1991 Issue Statement• Purchase in excess of $5,000 to replace carpet at Wood Lake. Nature Center. Background• The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. Carpeting needs to be replaced periodically as noted in the infrastructure study. The original carpet at Wood Lake Nature Center lasted nine years. The current carpeting was installed in 1979 and is noticeably worn. New carpeting is included in the adopted 1991 Capital Budget with $14,000 to be provided through the Special Revenue Fund. The new carpeting should be installed by May 4, 1991 because of the 20 year anniversary celebration. Three quotations were received to remove existing carpet, install new carpet and trim in the public and office areas (480 sq. yards) at Wood Lake Nature Center: Vendor Quotation St. Paul Linoleum and Carpet Company $12,914 Midwest Commercial Interiors $16,400 Pink Companies $16,472 Recommended Motion: Approve a purchase order in the amount of $12,914 for St. Paul Linoleum and Carpet Company to furnish and installation carpet at Wood Lake Nature Center .per their quotation of January 15, 1991. Basis of Recommendation: 1. .The current carpet is worn and due for replacement. 2. The Nature Center should be spruced up for the 20 year anniversary of Wood Lake Nature Center,_May 4 & 5, 1991. 3. Sufficient funding for this purpose is allocated in the 1991 Capital Budget. 4. St. Paul Linoleum and Carpet Company submitted the best quotation within the budget range. Alternative Recommendation: 1. Do not replace the Wood Lake Nature Center carpet at this time. Allow more wear before replacement. ~~l-l 2. Authorize the purchase of replacement carpet through another vendor already submitting a quotation. 3. Direct staff to obtain additional quotations. Discussion/Decision Mode: Approval is requested at February 11, 1991 City Council meeting to ensure timely installation of new carpeting prior to the 20th Anniversary Celebration in early May, 1991. ly submitted, Jame Prosser City anager JDP/sdr to V CITY OF RICHFIELD, MINNESOTA Council Letter No. 42 Agenda February 11, 1991 Issue Statement: Approval of the 1991 labor contract with the Richfield Police Supervisors unit. Background• The City staff has completed negotiations on a labor agreement for the year 19.91 with the Richfield .Police Supervisors unit, subject to Council approval. The bargaining unit is represented by Law Enforcement Labor Services, a state-wide Police labor union. The Richfield Police Supervisors unit represents the positions of Police Captain, Lieutenant and Sergeant. There are presently nine employees represented within the unit. The significant changes which have been negotiated for the year 1991 are as follows: - An adjustment of 4$ over 1990 wage rates for all classifications. - A $30.00 monthly increase in the City's contribution for dependent health insurance for a maximum of $240.00/month. This maximum contribution is identical to other City employee groups for 1991. - A $2.00 monthly increase in the City's contribution for single dental insurance for a maximum of $18.00/month. This maximum contribution is also identical to other City employee groups for 1991. - A $65.00 increase in clothing allowance per year to bring the annual clothing allowance to $415.00. - Provision of a health fitness program allowing employees to fulfill work schedule payback obligations (if applicable) by approved health fitness participation and further allows the conversion of 18 hours of Sick Leave annually to .Holiday Leave for successful participation. This is identical to the program granted to Police Officers/Investigator Agents several years ago. - The addition of two named holidays to the list of holidays for which Sergeants are compensated on a time and one-half rate basis if required to work the holiday. This also is identical to the benefit already provided to Police Officers/Investigator Agents. - Implementation of a mandatory Drug Testing Policy. ~~-i Recommended Motion: Approve the resolution approving a labor agreement with the Richfield Police Supervisors unit for the year 1991. Basis of Recommendation: 1. The Police Supervisors' wage settlement maintains Richfield's ranking with other comparable communities. 2. Wage and benefit settlements are comparable to other City of Richfield employee groups. 3. The package contains the City's first mandatory Drug Testing Program which is desirable for the City. 4. Union members have voted on the issues and have given their approval. Alternative Recommendation: Do not approve the labor agreement, requiring further negotiations and/or arbitration. Discussion/Decision Mode: In order to allow the City's accounting personnel to modify payroll records and enact the new pay rates retroactive to January 1, 1991. as soon as possible, it is recommended that the City Council act on February 11, 1991 to adopt the attached resolution .providing for contract changes, effective January 1, 1991. Respectfully submitted, Jame Prosser City anager JDP:cak ~~J~~ RESOLUTION N0. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE RICHFIELD POLICE SUPERVISORS BARGAINING UNIT LOCAL 162 FOR THE YEAR 1991 WHEREAS, the City Manager and the Richfield Police Supervisors Bargaining Unit, Local 162, have reached a complete understanding concerning rates of pay, hours and other conditions of employment for the year 1991; WHEREAS, the Personnel Ordinance requires that contracts between the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does. hereby approve the labor agreement between the City of Richfield and the Richfield Police Supervisors Bargaining Unit for the. year 1991, and orders the provisions of the labor agreement to be implemented upon signature of the labor agreement referenced herein by representatives of both the Richfield Police Supervisors unit and the City of Richfield, to be effective January 1, 1991. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk ~C CITY OF RICHFIELD, MINNESOTA Council Letter No. 43 Agenda February 11, 1991 Issue Statement: Adoption of a resolution approving a recycling container test project in three multi-family residential buildings in the City, in cooperation with Browning Ferris Industry (BFI) and Shamrock Industries, Inc. Background: The Hennepin County Board recently adopted Resolution 90-8-592R1, which requires municipalities to adopt ordinances directing property owners of multifamily buildings to provide recycling services by July 1, 1991. In preparation for Citywide multi-unit recycling, BFI has offered to assist the City of Richfield in testing renter responses to a variety of recycling containers (to be donated. by Shamrock Industries) that would be kept in the renters' apartments. The test project is anticipated to operate between 60 and 90 days and will commence in early February. Richfield will provide necessary staff, support in working with the other interested parties (BFI, Hennepin County, apartment owners or managers, and Shamrock Industries) to implement and evaluate the program. The three dwellings for the test project are currently in the process of being identified by BFI. Recommended Motion: Approve a resolution accepting the offers of Browning Ferris Industry and Shamrock Industries, Inc. to operate a recycling container test project in three multi-unit apartment dwellings in Richfield. Basis of Recommendation: 1. Multi-unit apartment dwelling property owners will be required to provide recycling services to their tenants by July 1, 1991. 2. The test project will help to promote recycling in apartment dwellings. Alternative Recommendation: The Council could choose not to endorse the test project; however, Council endorsement would help to demonstrate the City's commitment to encouraging and facilitating recycling programs in multi-unit apartment buildings. Discussion/Decision Mode: Approval of this resolution is requested at the February 11, 1991 Council meeting.. Respect ully submitted, Jams Prosser Cit n y a ager JDP/reb Attachment ~ C- I RESOLUTION N0. RESOLUTION ACCEPTING THE OFFERS OF BROWNING FERRIS INDUSTRY AND SHAMROCK INDUSTRIES, INC. TO OPERATE A RECYCLING CONTAINER TEST PROJECT IN THREE MULTI-UNIT APARTMENT DWELLINGS IN RICHFIELD WHEREAS, the Hennepin County Board adopted Resolution 90-8- 592R1 which requires municipalities to adopt ordinances that require property owners of multifamily buildings to provide recycling services by July 1, 1991; and WHEREAS, the City of Richfield desires to promote recycling at multifamily housing units; and WHEREAS, Browning Ferris Industry has offered to assist the City in testing renter responses to a variety of recycling containers that would be kept in the renters' apartments; and WHEREAS, Shamrock Industries, Inc. has offered to donate these recycling containers for testing; NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield accepts the offers of Browning Ferris Industry and Shamrock Industries, Inc. and will provide staff assistance as may be needed to conduct the recycling container test project in three (3) multifamily residential buildings in the City. Passed by the City Council of the City of Richfield this 11th day of February, 1991. ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk ~D CITY OF RICHFIELD, MINNESOTA Council Letter No. 44 Agenda February 11, 1991 Issue Statement: Approval and signing of Fire Mutual Aid Agreement. Background• The City of Wayzata has requested that its Fire Department become a member of the Southwest Fire Mutual Aid League. Anew agreement must be signed by all participants. The purpose of the Mutual Aid Agreement is to allow municipalities to share firefighting equipment and personnel in the case of emergencies. The participating governmental units include: Bloomington, Chanhassen, Eden Prairie, Edina, Golden Valley, Hopkins, MAC, Minnetonka, Plymouth, Richfield, St. Louis Park, V.A./Fort Snelling and Wayzata. Recommended Motion: The City Council approve the Fire Mutual Aid Agreement and authorize the Mayor and City Manager to sign the Agreement. Basis of Recommendation: 1. The Richfield Fire Division called upon neighboring Fire Departments for assistance several times during recent years and likely will again in years to come. 1989 Mutual Aid Given: 21 (Edina 20, St. Louis Park 1) Mutual Aid Received: 10 (Edina 7, MAC 3) 1990 Mutual Aid Given: 16 (Edina 16) Mutual Aid Received: 6 (Edina 3, MAC 3) 2. Former Mayor Quam signed the most recent agreement. Mayor Kirsch's signature will keep the document current. 3. Wayzata will not be able to participate until all cities have ratified the agreement. Alternative Recommendation: Do not approve the Fire Mutual Aid Agreement. Discussion/Decision Mode: The Agreement should be signed as soon as possible and returned to the Secretary of the Mutual Aid Association. Respe fully submitted, J m D. Prosser Ci Manager JDP:cak AGREEMENT -SOUTHWEST MUTUAL AID ASSOCIATION (~~~-~ THIS AGREEMENT is made and entered into by and between the following municipal corporations: Bloomington, Chanhassen, Eden Prairie, Edina, Golden Valley, Hopkins, Minneapolis-St. Paul Metropolitan Airport Commission Minnetonka, Plymouth, Richfield, St. Louis Park, V.A. Fort Snelling and Wayzata. WHEREAS the said municipalities desire to make available to each .other their respective fire-fighting equipment and personnel in the case of emergencies, and each of said municipalities has legal authority to send its fire-fighting equipment and personnel into other communities, NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: That in consideration of the mutual covenants, agreements, and undertakings hereinafter set forth each of the parties hereto agree to furnish fire-fighting assistance to any of the others when called upon by the fire chief or fire department officer in charge of any of the other parties hereto subject to the following conditions to wit: 1. That road and weather conditions must be such that the fire run can be made with reasonable. safety to men and equipment, and the decision of the fire chief or other fire department officer in charge, shall be final in such matters. 2. That in the event all of the fire apparatus and all or most of the members of the fire department of any community so called upon for fire assistance by one of the other parties hereto are in use in said community at the time the call comes in from the other party, or in the discretion of the fire chief or other fire department officers in charge may be needed in said community, the said community shall be held free and relieved from all liability to make said run or to respond to said call. 3. That in the -event any apparatus and members of the fire department of any community engaged in fire fighting .for the benefit of the party calling for assistance or in response to a call from said party, shall be needed to fight fire or for any other purpose in its own community, that apparatus and the members of said fire department may and shall be recalled to its own community before completing the fire fighting for the other party and said assisting party shall be held free from any liability to continue fighting said fire. 4. If one or more fires occur within the limits of any of the above municipalities, or within the limits of any territory in which any of said municipalities has contracted to furnish fire-fighting equipment and personnel, and the fire-fighting equipment or personnel of any of the municipalities executing this contract is, in the judgment of the chief of its fire department or in his absence his assistant or deputy in charge of its fire department, insufficient to control or extinguish the fire or fires, an "emergency" shall exist for the purposes of this agreement. 5. If an emergency arises, any of the persons who are entitled by paragraph 1 above to determine an emergency may call upon the fire department of one or more of the municipalities above named, which are adjacent, for assistance. If all the fire-fighting equipment and personnel of any of said municipalities is engaged in fighting fire, the chief or other commanding officer of the fire department of any other such municipality whose fire-fighting equipment is not engaged in fighting fire shall send equipment and personnel to the empty fire station to be available for call if required for any fire. It is the intention of the parties by this agreement to cooperate in the event of an emergency by making available necessary fire fighting equipment and personnel from the nearest fire stations and during such an emergency to rearrange fire-fighting (o D-Z equipment of the parties so as to make the remaining equipment and personnel available for use in the event other fires shall occur anywhere throughout the territory of these municipalities. 5a. When in the opinion of the local Fire Chief, Fire Marshal or Fire Investigator, there is a fire incident in their community that needs additional trained investigative assistance, they shall be able to call on the participating departments to this " agreement to get assistance of their trained investigator. This mutual aid service is designed to supplement, not replace the services of the State Fire Marshal's Office or the Arson Investigation Unit of the Hennepin County Sheriff's Department or any like agency. 6. Upon receipt of a call for assistance as set forth in .paragraph 5, the fire department of any of the parties hereto shall promptly dispatch at least one fire truck with the usual number of personnel to assist in fighting the fire which has caused the emergency or to render stand-by service as the case may be, provided that no fire department of any of said parties shall be obligated to send its fire equipment or personnel beyond its boundaries if to do so would leave such municipality without any fire equipment or personnel available within its limits for service at any fire which might subsequently arise within. In extreme emergencies, however, every effort will be made to redistribute fire-fighting equipment and personnel so as to make it available for any additional fires which might .arise during the emergency. 7. The fire-fighting equipment and personnel of any fire department assisting the fire department of another municipality in an emergency will .immediately upon arrival at the scene of the emergency be under the command of the officer in charge for the municipality within whose boundaries the emergency is situated. 8. No charge shall be made by any party for assistance rendered to another party under this agreement except; Each community answering a call for assistance from any other party hereto shall be paid for the cost of all fire extinguishing materials used in said call, the cost of fuel consumed by the fire apparatus, cost of the meals for firemen, and any other miscellaneous cost involved with said assistance. Salaries excluded. 9. Each of the parties will maintain insurance policies covering: (a) Accidental death of firemen in the minimum amount of $3,000 on the life of each fireman who is a member of said party's fire department, the coverage of said policy extending to protect said firemen of said parties when engaged in the performance of duties under this agreement outside the boundary of the party of whose fire department he is a member, and (b) Damage or injury caused by negligent operation of its fire department vehicles to the extent of $5,000 property liability, and $25,000 personal injury liability, the coverage of such policies extending to accidents which may occur while the said party's fire department is engaged in the performance of duties under this agreement outside of the bound-aries of said party. 10. No party to this agreement nor any officer or employee of any party shall be liable to another party or to any person on account of failure of any party to this agreement to furnish its fire-fighting equipment or personnel in response to a call for assistance. from any other municipality. 11. While each party in answering a call from some other party hereto shall attempt to furnish a reasonable number of firemen l~~-3 on each piece of equipment answering such call, the discretion of the fire chief or other fire department officer in charge of the equipment and department of said party shall be final as to the number of firemen that can be spared. 12. That in event of fire calls from two or more communities or parties hereto, the first call shall have priority and the second call shall be answered as soon as possible, it being understood between all ° the parties hereto that property within the limits of each community shall have ti'Irst call on the services of its own fire department. 13. No liability shall be incurred by a party who shall have summoned assistance under this agreement for damage to, or destruction of, fire-fighting equipment of a party rendering such assistance unless such damage or destruction shall be caused by negligent or malicious conduct of any officer or employee of the party which has summoned such assistance. 14. That the governing body of each party hereto will appoint the Chief of the Fire Department of his community to serve as a member of an association formed for the purpose of furthering the purposes of this agreement and increasing the efficiency of the fire-fighting services of theses municipalities. by exchange of information, standardization of equipment, education of personnel, perfection of methods of fire i~ alarms throughout the territory of these municipalities and such other matters as will serve to mutually assist these municipalities in the prevention and extinguishment of fires. 15. Any party hereto may withdraw from this agreement by thirty days notice in writing to the others. 16. A copy of this agreement will be posted at the fire department headquarters of each party hereto. Subject to all of the above conditions, each of the parties hereto agrees to make every reasonable effort to attend .fires in any of the other communities mentioned herein when such assistance is requested as above provided. 17. The .term, "fire" or "fire .fighting assistance", as .used .within this agreement, shall also include any emergency that places life, property or environment at risk or danger. 18. The term, "firefighting equipment and personnel", as used .within this agreement, shall also include any fire, medical emergency, rescue, or specialized equipment (or) personnel capable of . providing assistance. AGREEMENT -SOUTHWEST MUTUAL AID ASSOCIATION (o D-~ IN WITNESS WHEREOF the said municipalities have caused this agreement to be signed in their respective corporate names by their respective duly authorized officers by authority of their respective governing bodies as of this day of . 1 g CITY OF BLOOMINGTON By By: CITY OF CHANHASSEN By: By: CITY OF EDEN PRAIRIE By: By: CITY OF EDINA By: By: CITY OF GOLDEN VP.LLEY By: _ By: CITY OF HOPKINS By: By: ~ CITY OF MINNETONKA BY~ By: METROPOLITAN AIRPORT COMM. By: By: CITY OF PLYMOUTH By: By: CITY OF RICHFIELD By: By: CITY OF ST. LOUIS PARK By: By: V.A. FORT SNELLING FIRE DEPT. By: By: CITY OF WAYZATA By: By: r x xx .x x~x ~ x x~ x x x x O °~ Q ~ s ~~f ~ > ~~~ ~~~ << X ~ r d u c~ F 2 01 d 4 qa d A~ d 2 CITY OF RICHFIELD, MINNESOTA Council Letter No. 45 Agenda, February ll, 1991 Issue Statement• Consideration of a resolution establishing a limit on number of terms for Advisory Boards and Commission Members and limiting the number of Commissions on which individuals may serve. Background• From time to time the City Council clarifies their policy regarding appointments to Advisory Boards and Commissions. The Council currently has a policy limiting. the number of consecutive terms individuals may serve on specific Boards and Commissions. Recent discussions involving appointments to Boards and Commissions indicate a need to clarify three additional policies. Those policies include: • The number of Commissions on which individuals may serve. • Reaffirming the three consecutive term policy. • Establishing a policy regarding Charter Commission Members who wish to serve on other Boards and Commissions. Recommended Motion: Approve the resolution establishing the number of terms for members of Advisory Boards and Commissions and establishing a policy regarding membership of an individual on multiple Advisory Boards and Commissions. Basis for Recommendation: 1. Council desires to provide broad participation in community activities. 2. Recognition that the Charter Commission serves in a distinct and separate capacity than other City Advisory Boards and Commissions . Alternative Recommendation: 1. Do not approve this resolution. 2. Establish additional policies regarding service on Boards and Commissions . Discussion/Decision Mode: This matter will be presented in the Consent portion of the February 11, 1991 City Council Agenda as directed by Mayor Kirsch. Respect~'f~lly submitted, Jamer's~. Prosser City anacxer JDP:ds ~' I RESOLUTION N0. RESOLUTION ESTABLISHING THE NUMBER OF TERMS FOR MEMBERS OF ADVISORY BOARDS AND COMMISSIONS WHEREAS, the City Council has established from time to time Boards and Commissions to serve in an advisory capacity to the City Council;. and WHEREAS, annually there are usually more volunteers to serve on Advisory .Boards and Commissions than there are openings to fill; and WHEREAS, it is the policy of the City Council to seek and involve citizens as a way of adding citizen input in the policy process; and WHEREAS, Advisory Boards and Commissions are established with a portion of the membership. terms to expire each year to afford an opportunity for citizens who have not previously served or may have some break in the continuity of service to be considered for appointment; and WHEREAS, it is desirable to have some change in the membership from time to time to encourage volunteerism /and to facilitate broad community representation including geographic considerations, ethnic minorities, women, youth, and professional, business and technical people; and WHEREAS, Charter Commission members are not appointed by the City Council and generally this Commission's responsibilities are distinct from other City Advisory Boards and Commissions; and WHEREAS, service by the same individual on two Advisory Boards and Commissions, not including the Charter Commission, does not provide and encourage broad community representation and may also provide some conflicts. NOW, .THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield as follows: 1. That this Resolution supersedes Resolution No. 7548. 2. That it shall be the policy of the City Council except as otherwise provided by State Statutes and City Ordinances to limit the term of any Advisory Board or Commission Member to three consecutive terms on the same Advisory Board or Commission unless there are fewer applicants than positions open. For the purposes of this resolution, appointment to serve on a Board or Commission for a period of time greater than one-half of a complete term shall be counted as a full term. If the City Council appoints a citizen who has had a break in continuous service on the same Advisory Board or Commission, it shall be treated as a first term appointment. (~ ~ .Z 3. It is the intention of the City Council that the same individual should not serve on more than one Advisory Board or Commission, with the exception that Members of the Charter Commission may serve on one other Advisory Board or Commission. PASSED by the City Council of the City of Richfield this 11th day of February, 1991. Martin J. Kirsch Mayor Thomas P. Ferber City Clerk .~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 46 Agenda February 11, 1991 Issue Statement• Consideration of a request to pay legal fees related to council vacancy dispute. (Continued from January 28 City Council meeting.) Background• John Westrick, the attorney for Steve Quam, has submitted a legal bill to the City in the amount of $4829.75. The bill is for legal services rendered in connection with the litigation initiated by Steve Quam against Council Members Kirsch, Ludeman and Sandahl. Recommended Motion: The Council should make a determination whether the bill will be paid. Basis for Recommendation: The City Attorney has advised that the bill can be legally paid by the City. However, .the Council may also decide not to pay the bill. It is important to distinguish payment of this bill from other legal bills related to the defense of the suit initiated by Steve Quam. The City Attorney has advised that costs pertaining Council Members' defense of the action are obligations of the City. However the obligation to pay the Quam bill is not as clear. Final determination of payment of this bill should be made by the City Council. Alternative Recommendation: None. Discussion/Decision Mode: This matter will be presented for continued discussion at the Council meeting of February 11, 1991. Respect~lly submitted, Jame ~. Prosser City anager JDP:ds f, JOHN G. WESTRICK ATTORNEY AND COUNSELOR AT LAW ST. PAUL ATHLETIC CLUB BLDG. 340 CEDAR STREET, SUITE 1112 Sr. PAUL, MN 55101 LICENSED i0 PRACTICE~IN MINNESOTA AND NEBRASKA December 5, 1990 Mr. James D. Prosser City Manager City of Richfield 6700 Portland Ave. So. Richfield, Minnesota 55423 Re: Legal Fees, Quam v. Kirsch, et al. Court File No. MX 90-021949 COPY BTATEMENT FOR SERVICES/COSTS RENDERED Date Service 11/27/.90. Conference with Steve Quam re: facts, circumstances, and law underlying case Conference with clerk of Hennepin County District Court re: scheduling emergency hearing Legal research re: preparation of writ/memorandum of law Preparation of writ; preparation of memorandum of law; preparation of order; preparation of affidavits; revision of same 11/28/90 Conference with S. Quam and G. Anderson Travel to hearing; attend hearing; file documents with clerk; check out ' original order for service; conference with district court law clerk; travel from hearing ~~ 1 TEL. (612)222-3661 FAX (612) 222-8717 Time 4.50 .50 6.50 5.50 1.25 4.75 Mr. James D. Prosser December 5, 1990 Page Two Date Service Time 11/28/90 Prepare order to show cause for service; (cont'd) obtain service; telephone conference with client regarding service 3.00 ` 11/29/90 Additional legal research 3.50 Preparation for hearing 3.00 .Telephone conference with S. Quam (3) 1.00 Review recording of city council minutes; travel to Richfield City Office to obtain copies of transcript of minutes 1.75. co~Y 11/30/90 Travel to hearing; attend hearing; .travel from hearing 3.00 Conference with S. Quam 1.00 Attend City Council meeting; review order; service of court order 4.50 12/01/90 Attend City Council meeting; conference with Quam; telephone conference between attorneys 3.00 Total Hours: 46.75 46.75 Hours @ $100.00/Hour = $4,675.00 .~_z t Mr. James D. Prosser -7~ December 5, 1990 Page Three COSTS Filing Fee (petition) $ 93.00 Filing Fee (writ of mandamus) 10.00 Service costs on Kirsch, Ludeman, and Sandahl 45.00 Copy Costs 6.75 a ~ Total Costs: $154.75 Total Services $4,675.00 Total Services and Costs $4,829.75 Please make a check payable to John G. Westrick. Thank you^O~~ John G. Westrick O ,~ City of Richfield, Minnesota Council Letter No. 47 Agenda February ll, 1991 Issue Statement: Request for a conditional use permit and off-street parking permit at 7200 Cedar Avenue. Back~c round Putter's Paradise Inc. is requesting a conditional use permit and off-street parking permit to allow an indoor miniature golf facility with video machines and concessions in the C-2 district. The proposed 54 foot by 77 foot concrete block building would be located on the southwest corner of the vacant site. Recommended Motion: Deny the conditional use permit and off-street parking permit for an indoor miniature golf facility with video machines and concessions at 7200 Cedar Avenue. Basis of Recommendation: 1. The proposed use is inconsistent with the Comprehensive Plan. The T.H. 77/New Ford Town district,. which includes this site, was recently redesignated. The redesignation identifies three mixed land use types as acceptable for the district. Putter's Paradise lies within the area identified for Mixed Land Use "A", a land use limited to wholesale, light industry, offices and some retail component tied to office use. Putter's Paradise does not fall within one of these use types. 2. Potential for increased negative impacts on adjacent residential property. Uses identified as appropriate in the redesignation were selected based on their low potential for interference with the adjoining neighborhood. Traffic and noise associated with such uses would not normally extend beyond working hours. The proposed hours of operation for Putter's Paradise extend well beyond working hours and into the late evening and early morning on Friday and Saturday. The neighborhood adjoining Putter's Paradise would likely experience an increase in traffic and associated noise as a result of activities associated with Putter's Paradise's operation. 3. The proposed use is conditionally compatible with the Metropolitan Council's Noise Compatibility Program. Putter's Paradise is located in Noise Zone II, a zone which conditionally allows indoor entertainment such as Putter's Paradise. Uses considered to be consistent within this zone are industrial, communications, utility and agriculture and resource related uses. ~-i 4. If the usage of Putter's Paradise reaches the levels anticipated by the owner, parking needs may exceed the spaces available. 5. The Planning Commission deadlocked, 3-3, on a motion for approval. The Commission subsequently voted in favor of forwarding the application to the City Council with no recommendation. Alternative Recommendation: Approve the conditional use permit and off-street parking permit. Discussion/Decision Mode: A public hearing is scheduled for 7:00 P.M. Monday, February 11, 1991. The hearing will be held in the City Council Chambers at Richfield City Hall. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the property. 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UWT RES~ENCE~ -rr-.--~ L•; ; ;~ MR-1 TWO FAMILY RESIDENCE 1 t ~i ~O?~i~~1E~T~: s~~~~~~~~~ 0 200 400 600 800 1000 ~CA~F c~~T '~!^~ W ~ r .. .... ~ ~ ~" SITE CONTEXT Land Use CITY OF RICHFIELD PLANNING & ZONING 7200 CEDAR AVENUE SOUTH KEY COMMERCIAL APARTMENT •::: DUPLEX SINGLE FAMILY RESIDENCE COM~'N~tiTS: ® QUASI PUBLIC :~:~- SCHOOL Q ~'~`~ PARK 1 `i ~ VACANT a a~~ a~ ~~ ~^~ 0 200 400 600 800 1000 ~~ALE ===T ~~ ~-~ ,.,,,,, a ,,,,,,, ,,,,,,, o W .,,,, ,.... ,,,,.. ,. .,,.,,, ,,,.., ~,~~~„ AuY,~ „~„~, „~„ ~~,~~~, ~~,~~~, 73RD S ~~~~~~ ~~,~~~~ :NTENNIAL """' ~~~,~~~ SCHOOL ~~~~~~~ ~~~~~~~ umr~ num u~nu muu ~unu nn~u nuu~ ,..., ~. SITE CONTEXT Comprehensive Development Plan CITY OF RICHFIELD PLANNING & ZONING 7200 CEQAR AVENUE SOUTH KEY """" MIXED LAND USE -ZONE A [~ SINGLE FAMILY RESIDENCE tNSTITUTiONAL '~ PARK AND OPEN SPACE ~j 0 200 400 600 800 1000 S~ ~' C r~r+ ^ •L.- ~~ . ~~l i --- -- 13~iSR'I11SY3'N -- -- -- -~- ~~ ~.-r ~ i ,^r.~~ ~ ~•~oooo ooooce ooooco. ~ r.~, I_ ~ ~ I I I t.w^!V`~ . t I I nl~- E.' 0' ;p t p'' ,.~ i °~ ~ ' b ~' i ~p ~ ~~ ', ~o~ C ~ ~~ ,p a ~ ~~ i ~i I ~~ ~, ~I ~) ~I ~, ~I ~, Z Q J a W t~ W t/1 O a O a Z O W W Q W v 0 0 N ti z ~ W o u. N S ~ V _ V ~ Z O Z V a ~; ~; ~' G ~~ $-~3 Z a ~ > o W Cn 'J W W C.~ Z Z W D J Q ~ ~ ~ Q ~ ~ W W V ~ O o a. o 0 N ~ ~ ~. V Z W ~ O ~i N S ,~ V ~ L7 Z • ~ Z ~ Q . V ~ a (~ " 1 ~' Z Q O J a ~~ ~ w O ~ O Z W J ~- ~ a W ~c N Q ~ ~ a W v 0 ~ o a. o N h Z .J W 0 ~ N _ ~! V Z O Z v a January 29, 1991 Or~~ City Council City of Richfield 6700 Portland Ave. Richfield, MN. 55423 RE: Putter's Paradise, Inc. Conditional Use Permit 7200 Cedar Ave. So. Gentlemen: I am the owner of a Twenty-Two (22) unit apartment building at 7134 Cedar Ave. So. with Sixteen (16) garages and additional parking for Twenty (20) automobiles., which is just North of the proposed Minature Golf Recreation Center. I attended a meeting of the Planning Commission on January 22, 1991 on above subjeet to voice my objection of proposal for a Conditional Use Permit. Evidently, the Planning Commission could not decide if this was a suitable use for the property at 7200 Cedar Ave. So. as the vote was three (3) to three (3), even though Richfield City Planner did not think this was a good use for this piece if property. It is hard for me to believe that this would be an acceptable use for this property considering not only the hours of operation, but the impact of having only one (1) facility in a basically residential area. This kind of facility belongs in a Mall, or similar development. Only one reason for people to be travelling to ?200 Cedar Ave. So. would be to go to the Minature Golf Recreation Center, there is nothing else to attract traffic to this area. Sincerely, Dolores L. Weidert 5 Appletree Square #304 Bloomington, MN. 55425 8--1 Richfield City Council Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423 Re:7200 Cedar Avenue South Conditional Use Permit January 31, 1991 Dear City Council: I am an absentee owner of 7201 and 7203 18th Avenue South, the property directly to the West of the subject property. When first notified of the public hearing before the.- Plahni:ng Commission, I went to find out what it was-that was being proposed, and was disappointed on the "No Recommendation" vote the Planning Commission voted for. After the presentation I realized that the real issue was the change allowing an "Entertainment" type use rather than the planned office C-2 type zoning that the City approved years ago. Was that .zoning something to be taken lightly? I see it not just a matter of an indoor putt-putt type business, it is the opening of something much greater that would have the potential of being a real teenage hang-out. What happens to the zoning and the property if this business operation fails or is transferred to someone else who has a hidden motive to use the property for an allowed use under the "Entertainment" use permit? It is not the concern what goes on inside the building as much as what happens in the.parking lot. Concerned as to the traffic, noise, and bottles, and other things thrown around the neighborhood. What extra load will be placed on the Public Safety Department in order to keep the neighborhood quiet, safe, and protection of the neighbors property? I am wanting to attend the hearing of Feb 11, 1991; but in the event I am unable to do so, I want to express my concerns. I urge your denial of this request. /S~i~ncere~l~y, ~J G~/ D /~i~...~...,,..~ Wallace O. Kolsrud cc: Neighbors cc: City Planner 2000 BIG OAK DRIVE • BURNSVILLE, MINNESOTA 55337 • 612/890-2525 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 48 Agenda February 11, 1991 Issue Statement• Request for an amendment to the off-street parking. permit for Metro Sales Inc., 1620 East 78th Street. Background• Applicant Metro Sales Inc. has requested an amendment to their off-street parking permit to allow the construction of a two level building addition, approximately 26 feet by 87 feet (5,427 square feet). This addition requires 22 parking spaces, increasing the total required on site parking spaces to 72 spaces. The proposed site plan shows 69 parking spaces. The new addition would be attached to the existing structure, similar in appearance and height, and located between the present front entry and 78th Street. The project would include a re- striping and expansion of existing parking, additional landscape work (pending final design of 77th Street), additional site lighting and modification of the existing irrigation system to accommodate site changes. On January 15, 1991, the applicant was granted a variance to allow a front yard setback of ten feet in the C-2 zoning district where the minimum required front yard setback is 40 feet. Recommended Motion: Approve the request for an amendment to the off-street parking permit for Metro Sales Inc. subject to the Administrative Review Committee requirements (see attached). Basis of .Recommendation: 1. A variance was granted to allow a front .yard setback of ten feet. 2. If built as proposed, the addition would permit better circulation of the building space and provide an organized parking area. 3. Commercial property is adjacent to this property and would not be adversely affected by the proposed addition. 4. When the need arises, Metro Sales Inc. should make provisions for three additional parking spaces, preferably through a shared parking agreement with a neighboring business. Alternative Recommendation: The City Council may deny the amendment request to the off-street parking permit based on sufficient evidence that the request would have a negative impact on the adjacent properties. ~~ Discussion/Decision Mode: Consideration of this item is scheduled for the Monday, February 11, 1991 City Council meeting. Respectfully submitted, Jam D. Prosser Cit Manager JDP:ds e ~ ~ ~ V N ~ Y 0. C: __- NSIONel.~ _._ .-_.. - _ is ca . -_._. 1 N N N N N N V 1 6• _ _ _ __l n r- r 1. w w 3nv ~~ _._ tlv037 -~_____,: -, - _ . -_-. ~., - ,_ lY x 1 NOlONINO0IB ~ _. _.~ T ..- ~ =_ '~_J._._ t-~J `.J ~-^ fir- -~~r-'1 ,~1-~~. -_ _-. ~~~- wow. ~ YI OI ~J~ _~ _ ......................:: .... ..... 1 I 3 _ -_ ..... Y i __ ~~ .._. , , ~ • xbrd I 3nv ONrllb0e r ' Q Ylp I I' -- ~ a NO1N!1c {~ ` .. 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SITE CONTEXT Zoning CITY OF RICHFIELD PLANNING & ZONING 182Q EAST 78TH STREET KEY ® C-2 GENERAL COr1MAERCIAL °°°°°o° MR-2 TF#tEE TO 17 UNIT RESIDENCE 0000 ~~.'~'.'~~~.'~.',~~ MR I41ULT{-FAh++gLV RESIDENCE ~ ~ ~ • MR- ~ TWO FA;dILY RESIDENCE MR-3 OVER t7 UNIT RESIDENCE ~Q ~ R SIWGLE FANNI.Y RESIDENCE N ~~OMMENTS: 0 200 400 600 800 1000 SCALE FEET 1/15/91 ~~~~~~ ... .. •. •: ::. .. ~ ,~; ui .. a .. ... = 0 _ _ N !"Y r Q ~ ~ r = ~ tD 1~ ~~~i ~ ~ • i~~ S x ~ ~ ~n a~ WASHINGTON ~i:' PARK ti%.~.a ~'•. }~ :;: ;: Y' ~~ 1-494 ~" ii fL Q ~ ~ _ 1J ~- SITE CONTEXT Land Use CITY OF RICHFIELD PLANNING & ZONING y620 EAST 78TH STREET KEY ® COMMERCIAL APARTMENT :: ~ DUPLEX ^OMMENTS: Q SINGLE FAMILY RESIDENCE ~:•~: PARK Q- ®VACANT N ~~~~~~ 0 200 400 600 S00 1000 SCALE FEET 1!15/91 ~j~+~~mt~~E 3~ Q Q H F _ T i s iii i~ iii ~ i ~~ ~i •~i ~ • • • • • i i ~~ ~~ ~~ ~ ' • • ~••• °°°o° • • ^ • ^ • Q ~ LLJ Q > o°o°o ^~•~ Q Q ^ • ° ° Z • ~ o o o Z °o°o° • • I q- 5 11 Q Q L ti Z SITE CONTEXT Comprehensive Development Plan CITY OF RICHFIELD PLANNING & ZONING 1620 EAST 78TH STREET KEY • FREEWAY STRIP • :'• MIXED LAND USE o°o°a MEDIUM DENSITY BUFFER Q SINGLE FAMILY RESIDENCE ~~OMMENTS: :~~ ' PARK & OPEN SPACE .Q. N 0 200 400 600 800 1000 SCALE FEET 1/15/91 ~-' i ~~- ~ ,~ _ 3NIl A11i3dOdd ,~ • ~~ s ~ W ~ c11 ~m ~O to Z ~ a~ J V~ J 92 Uo ,9Z 133a1S H1L1 '~ 133a1S,H18L '3 ° q-b ~~ n O .W.i z i a ~ H Z W Q W J ~ a ~ W ~ F- _ tl~ ~ ~ ti W F.. Cn ~ o Q a W O O ~ N ~' a co Z r O t7 Y d V _Z Z W 0 • ~_ N ~ _ ~S ~ ~ Z OZ ~ S va ~-~ CITY OF RICHFIELD, MINNESOTA ADMINISTRATIVE REVIEW COMMITTEE RECOMMENDATIONS Date: .November 28, 1990 Project: Variance/Off-Street Parking Permit Metro Sales Inc. Scott Helmes, Skaaden-Helmes Architects, Inc., (applicant representative) Project Address: 162o East 78th Street Your project was reviewed by the Administrative Review Committee as part of your application for a variance and an off-street parking permit amendment. Comments made and/or requirements identified are listed below: Inspections Division Sivert Hendrickson, 861-9861. 1. Automatic sprinkler system (fire protection) required. 2. Define use of building and addition. 3. Setback variance required. r Community Services Department/CitV Engineering George Atkinson, 861-9191 1. All new. curbs to be MnDot type B-618 concrete curb and gutter. (This requirement was waived except in the driveway throats which must be MnDot-type B-618. The remainder of the new curb should match the existing interior curbs.) 2. Replacement curb openings to be as per city standards. 3. Install catch basin in parking lot and connect to City storm sewer. Q- S 4. Re-contour parking lot to direct storm water flow to new catch basin. Planning & Zoning Bill Weaver, Shawn Drill, and Mark Noble, 861-9760 1. Internal drive aisle needed on north end of site. 2. Curb cut/driveways should be one way. If you have any questions regarding these requests, please call the appropriate committee member. Thank-you for your participation. Sincerely, Mark J. Noble Planning Technician MJN: js cc: Bill Weaver Shawn Drill Sivert Hendrickson Scott Williams George Atkinson Steve Sutter to CITY OF RICHFIELD, MINNESOTA Council Letter No. 49 Agenda February 11, 1991 Issue Statement: Request for a conditional use permit and off-street parking permit at 7608 Knox Avenue. Background• The applicant is requesting a conditional use permit and off- street parking permit to allow a public garage in the C-2 district. The public garage would contain an automobile tune-up and brake repair shop. According to the applicant, the shop will not be a fast turnover "service while you wait"-type of business. The existing 33 foot by 58 foot building has three service bays and an office area. The rear parking lot is accessible only by passing through the south service bay where there are overhead doors on each end. The applicant proposes to utilize the property in the existing configuration, with no physical changes to the exterior of the building or the existing curb. cut. Recommended Motion: Approve the conditional use permit and off-street parking permit per the attached site plan, for an automobile tune-up and brake repair shop at 7608 Knox Avenue with the fallowing stipulations: 1. The applicant provide a cash escrow to cover parking lot restriping, required signage, and fence repair in the rear parking lot. 2. All building and fire code orders be completed within 90 days. 3. The overhead doors be in the down position while automobiles are serviced. 4. A drainage agreement be reached with the property owner to the south. The agreement should include (1) the granting of an easement by the property owner to the south, and (2) an agreement by both property owners relative to the costs of correcting any drainage problems created if and when the south property is developed. Basis of Recommendation: 1. On January 22, 1991 the Planning Commission voted unanimously to recommend approval. 2. Ten parking spaces are provided per the parking requirement. 3. The City Manager has authorized the 22 foot wide curb cut. to-I 4. Overhead doors in the down position while automobiles are serviced will reduce the impact on neighboring residential properties. Alternative Recommendation: Deny the conditional use permit and off-street parking permit if a finding of fact determines that the proposal would have an adverse impact on surrounding properties. Discussion/Decision Mode: A public hearing is scheduled for 7:00 P.M. Monday, February 11, 1991. The hearing will be held in the City Council Chambers at Richfield City Hall, 6700 Portland Avenue South. Notice of hearing was published in the Sun-Current and mailed to property owners within 350 feet of the property. Respect ully submitted, James Prosser City nager Y) N N N ~ N t l c ~ ~ t If V • 'n ~ t r Y N C NSIONTIS _. 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W W ~ Z W to ~ ~ a - o ~ z ~ ~ W o0 O o (~ N _II r W J V N aZ ~z _° _V °~ °C Z • OZ ~~ V a 75TH ST. ~ p o°o °o°o° (n - 000 ° o M o°o° o 0000 000°o uJ Q ~~ ~~ °o°o° o°o° ~ 00 0 o°o ~ ° o ° o o 00000 ('S 00 ° ° 0 0 0 o o 76TH ST. 0 0 0°0° • • • ' ' • • • • • • • • • ' • LLJ ~ • • • • • • • • • • • • > ~ Q • • • • • • • • • • • ~ Q Z ••• ~ • • • • • • • • • • ~ • ~ •'•ti Q : •'• ~•~•~ > • • • • • • • • • • • • • • • • • • • • • • • (9 •• Q • • • • • • • • • • • • .. „ • • .. S ... Z • 77TH ST. n n n n ~~ ~BTy Sr '1-494 SITE CONTEXT Zoning CITY OF RICHFIELD PLANNING & ZONING 7608 KNOX AVENUE SOUTH KEY ~Dl1STRIAL ® C-3 HIGH DENSITY C011MIERCIAL C-Z GENERAL COMMERgAI ~'.~,~'.~'.~~~'.,~~'.~,.' MR MULTI-FAMILY RESIDENCE • MR-3 °°°°°°° MR-2 N ~~ OVER 17 UNIT RESIDENCE ThitEE lO 17 UNR RESIDENCE TWO FAMQY RESIDENCE SINGLE FAMMLY RESIDENCE 0 200 400 600 800 1000 ~~AL~ c==T ~, W Q ST 1-494 A~,A r // , •~~ ' I Or~ SITE CONTEXT Land Use CITY OF RICHFIELD PLANNING & ZONING 7608 KNOX AVENUE SOUTH KEY ®COMMERCIAL APARTMENT •::•:h DUPLEX ~ SINGLE FAMILY RESIDENCE C(3~~~1,ti1`ti T 5: Q QUASI PUBLIC '=~~~; SCHOOL ~~ ';•'~. ',: PARK ~i ~l~ VACANT ~~a~~s~ 0 200 400 600 800 1000 crA~c _____? o°o 0 0 0 °o °o o°o o °o LLJ Q WZ a 1-494 3 ~~'~ SITE CONTEXT Comprehensive Development Plan CITY OF RICHFIELD PLANNING & ZONING 7808 KNOX ~VENU~ SOUTH KEY • • FREEWAY STRIP °o°~°°~ MEDIUM DENSITY BUFFER '~.'-~.'.'~.'~'~.~'c.'~.~. MULTIPLE RESIDENCE '' ~.~ ~i1 ~1 E 4 ~ :. SINGLE FAMILY RESIDENCE ® INSTITUTIONAL *-Q ~' ~~ PARK AND OPEN SPACE ! \I . I•i~i~~ 0 200 400 600 800 1400 S~ A 1 C ~ =T _ _ _ _ ~ 3f1N3Ab~ XON~I ~I~oa ed,>; ~o~ ~ ~, U O ~ a w H ~ C7 N Q Z Q 3~~ddS ~ dt/~IONb~H Z~ i Y z~ a a a U Q ~ 0 m I .aa W Z W W RP~PG~ 3 O I I I m~ aol ,6 S 1/dS b . ~ _~_z~ .a _ - _~ 3NI1 Ala3dOHd s~es a 0 a ion a J a W 0 W O a 0 a 0 N ~) r Q U aZ 0 N W Z W a X O z 00 0 co z ~z W O N 2~ ~V u. ? OZ ~- g V a CITY OF RICHFIELD, MINNESOTA Council Letter No. 50 Agenda February 11, 1991 Issue Statement: Public Hearing and Second Reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. Background• On January•14, 1991, the City Council Improvement Budget (CIB). The various for 1991 for the capital projects are Veterans Memorial Park - Park Shelter Building Wood Lake Nature Center Carpet Tennis Court Improvements Jefferson Park Roosevelt Park Washington. Park. Taft Park Play Features approved the 1991 Capital approved appropriations defined as outlined below: $230,000 14,000 34,000 22,000 $300,000 The adoption of a transitory ordinance is now necessary to finalize these appropriations pursuant to City Charter. Charter Section 7.12, Subdivision 2 allows expenditures for capital improvements from the Special Revenue Fund only by ordinance. Recommended Motion: Hold the public hearing and approve the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. Basis of Recommendation: 1. On January 14, 1991, the City Council adopted the 1991 Capital Improvement Budget. 2. On January 14, 1991, the City Council held first reading and scheduled. the. second reading and public hearing for February 11, 1991. 3. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The hearing process must be completed in 1991 so the Capital Projects can be completed as approved and the funds expended. Alternative Recommendation: 1. The City Council could allocate the funds to a totally new project or projects, but a public hearing for a budget revision would be necessary. 2. The City Council could decide not to authorize the expenditure of Special Revenue Funds. Discussion/Decision Mode: Action on this item is requested at the February 11 meeting of the City Council. This would allow the ordinance to become effective in a timely manner so that the capital improvements can be ordered as budgeted. Respect lly submitted, Jame Prosser City M ager JDP:ds i ~~z BILL N0. TRANSITORY ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FOR CERTAIN CAPITAL IMPROVEMENTS City of Richfield Does Ordain: Section l: It is found and determined to be necessary and expedient for the City to expend .money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which-are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Veterans Memorial Park Park Shelter Building $230,000 Wood Lake Nature Center Carpet 14,000 Tennis Court Improvements 34,000 Jefferson Park Roosevelt Park Washington Park Taft Park Play Features 22,000 $300,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 11th day of February, 1991. ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk ~a City of Richfield, Minnesota Council Letter No. 51 Agenda February 11, 1991 Issue Statement: Provide authorization to the City Building Official to waive ceiling height code provisions which allow the Housing and Redevelopment Authority (HRA) to complete rehabilitation loan activities. Background• HRA's Deferred Loan Program provides funds to eligible. homeowners to make improvements to their homes. A primary focus of the program is to address health and safety problems. A homeowner on the 7300 block of Upton Avenue is participating in this program. Among the improvements specified for the property is the resolution of a severe overcrowding problem. Currently, a six member family is living in a two bedroom home. Four children consequently sleep in an unfinished basement. Sufficient loan funds are available to create a safe and healthy environment in the basement. However, one element that cannot be corrected is the ceiling height. It is below the minimum seven foot requirement. Minnesota Statute 469.041, allows the City Council to waive Building Code requirements that assist in implementing HRA housing programs. In this circumstance, a specific waiver to ceiling height code provisions of the Building Code is sought. The exact address and name of the homeowner are not provided in accordance with the Minnesota Data Practices Act. Recommended Motion: Authorize the Building Official to waive provisions of .the Building Code as it relates to ceiling height at the subject property. Basis for Recommendation: 1. The Building Official has found that a waiver to the ceiling height requirement at the subject property will not pose a health and safety issue. 2. Minnesota Statute allows the Council to waive the Building Code requirement for this purpose. 3. A safe and healthy living environment can be created and thus resolve a hardship for the family. Alternative Recommendation: Not approve the waiver. Without a waiver, an unsafe living environment will continue. ~ a-~ Discussion/Decision Mode: Approval of the waiver at the February 11, 1991 meeting would allow improvements to be made to the living environment. Respectfully submitted, Jame /D. Prosser Cit anaaer JDP:dkh i ~-~ RESOLUTION NO. RESOLUTION TO WAIVE PROVISIONS OF THE CEILING HEIGHT CODE AS IT RELATES TO HOUSING AND REDEVELOPMENT AUTHORITY PROGRAM ACTIVITY FOR AN IDENTIFIED PROPERTY WHEREAS, a homeowner on the 7300 block of Upton Avenue is participating in a Richfield HRA housing program; and WHEREAS, to resolve a severe. overcrowding problem, it is necessary to create safe and healthy living space in the basement of the house; and WHEREAS, the finished ceiling height of the basement will be below the seven foot minimum; and WHEREAS, the City Council is authorized by Minnesota Statute E 469.041 to waive portions of the Building Code in connection with HRA projects; and WHEREAS, the Building .Official has found that a waiver to the ceiling height requirements at the subject property, will not pose a health or safety issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the Building Official is authorized to waive provisions of the Building Code as it relates to ceiling height at the subject property. Passed by the City Council of the City of Richfield this 11th day of February, 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 13 CITY OF RICHFIELD, MINNESOTA Council Letter No. 52 Agenda February 11, 1991 Issue Statement• Appointments of•persons to various advisory boards and commissions. Background: Several terms of City boards and commissions expired January 31, 1991. In addition, some commissions have vacancies resulting from resignations. Vacancies were advertised in the Richfield Sun Current. Applicants were interviewed on February 5, 6 and 7, 1991. Recommended Motion: Appoint members to fill the terms on the various boards and commissions. Basis of Recommendation: 1. Terms of members expired on January 31. In order to assure quorums for future meetings, appointments should be made at this time. Alternative Recommendation: 1. Defer appointments to a later Council meeting. Discussion/Decision Mode: This item is placed on the February 11, 1991 Council agenda for Council consideration. Appointments will begin immediately. Respectfully submitted, Ja D. Prosser Ci Manager JDP:cak COMMISSION MEMBERS WHOSE TERMS EXPIRE ~ J ^I JANUARY 31, 1991 ADVISORY BOARD ~ OF HEALTH APPOINTED TERM . TERM EXPIRES Jane Myre (1) 1990 2 years January 31, 1991 7033 Oliver Avenue (Seeking reappt.) Carol Olson (3) 1985 2 years January 31, 1991 240 Pleasant Avenue (Ineligible for reappt., served three terms) Ann Zilka (2) 1988 2 years January 31, 1991 6607 Grand Avenue (Not seeking reappt.) Jo Romer (2) (Chair) 1988 2 years January 31, 1991 7405 Aldrich Avenue (Seeking reappt.) Carlene Ulmer (2) 1988 2 years January 31, 1991 6832 14th Avenue (Seeking reappt.) Vacant 2 years January 31, 1991 Marisue Gleason, Student 1 year January 31, 1991 6915 First Avenue (Not seeking reappt.) Vacant (Unexpired term) 2 years January 31, 1992 CIVIL SERVICE COMMISSION Karen Patek (1) (Chair)1988 3 years January 31, 1991 6633 15th Avenue (Seeking reappt.) COMMUNITY SERVICES Greg Allers (1) 1990 3 years January 31, 1991 7501 Second Avenue (Seeking reappt.) Robert Lindgren (1) 1989 3 years January 31, 1991 6339 12th Avenue (Seeking reappt.) Emily Day.(2) 1984 3 years January 31, 1991 7340 Clinton Avenue (Seeking reappt.) Suzanne Sandahl (1)Chr 1988 3 years January 31, 1991 7601 Bryant Avenue (Seeking reappt.) 13-~ HUMAN RIGHTS COMMISSION APPOINTED Gordon Anderson (1) 1988 7501 Elliot Avenue (Not seeking reappt.) Jean Fox (1) (Chair) 1989 6616 Sheridan Avenue (Seeking reappt.) Gamila Zaleda (1) 1990 6624 12th Avenue (Not seeking reappt.) Vacant Student Susie VandenBurg (1) 1990 Student 7506 Fremont Avenue (Seeking reappt. for t hree year term instead of stude nt term) Vacant (Unexpired term) HUMAN SERVICES COMMISSION (SERVING SENIORS AND DISABLED) Nancy Tjornhom (2) 1985 6645 Oliver Avenue (Not. seeking reappt.) Camillo DeSantis (1)Chr1988 6508 Newton Avenue (Not seeking reappt.) Shirley Johnson (1) 1988 7609. 12th Avenue (Seeking reappt.) PLANNING__COMMISSION Robert Nelson (1.) 1988 7410 Girard Avenue (Seeking reappt.) Thomas Ohnesorge (1) 1988 7220 Clinton Avenue (Seeking reappt.) Lorraine Prindle (1) 1990 7112 Oak Grove Blvd. (Not seeking reappt.) TERM TERM EXPIRES 3 years January 31, 1991 3 years January 31, 1991 3 years January 31, 1991 1 year January 31, 1991 1 year January 31, 1991 3 years January 31, 1993 3 years January 31, .1991 3 years January 31, 1991 3 years January 31, 1991 3 years January 31, 1991 3 years January 31, 1991 3 years January 31, 1991 SISTER CITY ` -`~~ INTERNATIONAL APPT. TERM TERM EXPIRES Sister Charlotte Ann LeClair (2) 1985 3 years January 31, 1991 6600 Nicollet Avenue 866-3327 (Not seeking reappt.) Pamela Duffey (1) 1988 7333 Garfield Avenue 861-3834 (Seeking reappt.) Dona Morgan Chair (1) 1988 6913 Chicago Avenue 866-1837 (Seeking reappt.) SOUTH HENNEPIN HUMAN SERVICES COUNCIL Ivan Ludeman 6304 Harriet Avenue (Seeking reappt.) 3 years January 31, 1991 3 years January 31, 1991 TERM TERM EXPIRES 2 years January 31, 1991 John Nelson 7116. Cedar Avenue (Seeking reappt.) 2 years January 31, 1991 13 --~ U U c~ D ~ ~ W ~ N ~ U '~ z ~ ~ +~ U f!1 z o 0 N fQ ~ ~ ~ r-I H C3~ ~ ~ U •~ U ro 0 ro E a w x w 0 a a 0 as x 0 H A M M M (+~ M M N N O~ O~ ~ O~ O~ O~ O~ rn d~ d~ d~ d~ d~ C~ O~ O~ C~ ~ O- O~ ~ ~ ~ ~ O~ O~ r-i r-I r-I r-1 .--I r-i r-I ~--1 O1 O~ O1 Q~ C~ ~ rl r-I r-I r-i ri r-1 r-1 e--1 r-I r-I e-i r-1 M M M M M M M M .-I rl ,-~ ,-~ '..~ M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ R1 (~ tC cC R3 R3 R1 R3 ~ i {~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ m m ca ro rts o ~ o 0 0 0 0 0 ~ ~ ~ ~ ~ h h h h h h h h h h h h h ~''I ^ ~ c E +~ ~ ~ o o ~ G ~ ~ ~ ~ ~ ~ ~ z . k ~ ~ ~ ~ N ~ ~ I ~-'~ d~ d~ d~ M N N 01 O~ O~ ~ O~ O~ ri ~ .--1 r-1 e-i r-i ri r-I ~--1 ri r-I .-i M M M M M M N k N i ~ ~ S i i i f G ~ ~ ~ ~ G h h h h ~ h - ~ E +~ ~ ~ G ~ ~ ~ ~ ~ b b ~ ~ b ~ ~ N !/1 in ~, .. .. .r., a x a~ .. z 0 H w w N O U W U N a w z a .'.{ [M d~ ~M ~ O~ ~ C~ O~ O~ r-I r-1 r-I r-I ~ r-I M M M ~ ~ ~ ~ ~ G h h h cM tM d~ O- Q~ p~ O~ C~ O~ r-I ri r-1 M M M {~i N Ski ~ C ~ h h h f3-~ d' d~ d' M M rn O- O~ ~- O~ rn O~ ~ O~ ~ .--I '-I r-I .-1 r-I r-i .~i r-I r-1 r-I M M M M M N ~ N N ~ f i ro ro ro c~ ro ~ ~ ~ ~ G ro c~ ro m ro h h h h h H AGENCY ASSOC. METRO MUNICIPALITIES SOUTHWEST CABLE COMM. NOISE LEAGUE MN CITIES MASAC RICHFIELD SCHOOL DISTRICT STOREFRONT/YOUTH ACTION ADVISORY BOARD OF HEALTH COMM. SVCES. ADVIS. COMM. HUMAN RIGHTS COMMISSION HUMAN SERVICES COMMISSION PLANNING COMMISSION SISTER CITY INTERNATIONAL SUBURBAN RATE AUTHORITY ~~-1 190 LIAISON 1991 LIAISON STEVE QUAM, REP. IVAN LUDEMAN, ALT. JAMES PROSSER, DIR. IVAN LUDEMAN, DIR. STEVE QUAM, ALTER. ' STEVE DEVICH, ALT. MICHAEL SANDAHL, REP. STEVE QUAM, REP JAMES PROSSER, ALT. EDWINA GARCIA, REP DON PRIEBE, REP MICHAEL SANDAHL, ALT. JRMES PROSSER, ALT. STEVE QUAM, LIA MICHAEL SANDAHL, ALT JACK ERSKINE, LIA IVAN LUDEMAN, ALT. MARTIN KIRSCH LIA. EDWINA GARCIA, ALT. EDWINA GARCIA, LIA. IVAN LUDEMAN, ALT. STEVE QUAM, LIA. EDWINA GARCIA, ALT. MARTIN KIRSCH, LIA. STEVE QUAM, ALT. MARTIN KIRSCH, LIA EDWINA GARCIA, ALT. STEVE QUAM, LIA JAMES PROSSER, ALT. MICHAEL SANDAHL, DIR. JAMES PROSSER, ALT i ~} CITY OF RICHFIELD, MINNESOTA Council Letter No. 53 Agenda February il, 1991 Issue Statement• Designation of Council liaison appointments for 1991. Background: Members of the City Council serve as the City's representative on various metropolitan agencies and the City's boards and commissions. Each year, the Council appoints Council Members to serve on the various agencies. Recommended Motion: Designate representatives for the various boards and agencies. Basis of Recommendation: 1. The City needs representation on .these boards and agencies. Alternative Recommendation: 1. Defer the designation until a future Council meeting. Discussion/Decision Mode: This item has been placed on the February 11, 1991 City Council agenda for Council consideration. JDP:cak Respectf lly submitted, Jam Prosser Cit Manager iS CITY DF RICHFIELD, MINNESOTA Council Letter No. 54 Agenda February 11, 1991 Issue Statement: Council designation of Mayor Pro Tempore. Background:. It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Past Mayor Pro Tempores are: 1990 Edwina Garcia 1989 Martin Kirsch 1988 Michael Sandahl 1987 Ivan Ludeman 1986 Ivan Ludeman Recommended Motion: Designate a Council Member to serve as Mayor Pro Tempore for 1991. Basis for Recommendation: 1. This appointment is necessary to insure continuation of City operations .during an absence of the Mayor. Alternative Recommendation: 1. Defer this appointment to a later Council meeting. Discussion/Decision Mode: This item has been placed on the February 11, 1991 Council agenda for Council consideration. Respectfu ly submitted, James Prosser City M ager JDP:ds Ib CITY OF RICHFIELD, MINNESOTA Council Letter No. 55 Agenda February 11, 1991 Issue Statement: Consideration of a resolution opposing further cuts in state aid to cities. Background• The state legislature will be considering a number of proposals to limit Local Government Aid (LGA) payments to cities. In 1989, $85 million in aid was shifted from cities to school districts. In 1990, city. aid was permanently cut by $15.6 million and $30 million of LGA inflation adjustment was eliminated for pay in 1991 and all future years. In mid-year 1990, the City lost 5150,000 of LGA. That amount was carried over to 1991. $200,000 is expected to be cut from the 1991 LGA payments.- Over two years, the City has lost approximately one-half million dollars in LGA payments. Recommended Motion: Approve the resolution opposing further cuts in state aids to cities. Basis of Recommendation: 1. The cities have already received significant reductions in state aids. 2. The initial purpose of state income and sales tax was to reduce property tax impact upon cities. 3. These funds are necessary in order to maintain essential services for cities. 4. Independent auditors analysis indicates the City of Richfield is operating in an efficient manner. Alternative Recommendation: Do not approve resolution. Discussion/Decision Mode: This matter will be presented at the meeting of February 11, 1991. Respec ully submitted, Jam D. Prosser Cit anager JDP:ds Ib-j RESOLUTION NO. RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES WHEREAS, state aid helps fund basic city services for the City of Richfield and aid cuts would force large property tax increases and threaten cuts in these services; WHEREAS, many city services are essential -- police and fire protection, drug programs, ambulance and emergency services, and sewer, sanitation and water services -- and affect citizens' health and safety. The state has an interest and responsibility to help finance these services; WHEREAS, if property taxes. increased as a result of aid cuts, the tax rate disparities between some neighboring cities and between cities and adjoining townships would .widen causing great taxing inequities. The state has a responsibility to ensure a reasonable level of equity in its tax system; WHEREAS, our city has already faced large aid cuts: in 1989, $85 million in aid was shifted from cities to schools districts; in 1990, city aid was permanently cut by $15.6 million and the $30 million LGA inflation adjustment was eliminated for Pay 1991 and all future years; for 1992, another $29 million in local aid cuts are expected to meet the budget reduction target in the 1990 tax bill; WHEREAS, we oppose Governor Carlson's plan to cut local government aid ( LGA) .and homestead a__nd a~:rir~i~ ~titra 1 rrcr~ z +~; ~ (HACA) by $21 million to help solve the $197 million state budget shortfall; WHEREAS, cities are not the cause of the current budget crisis, and cities, like our own, have proven to be frugal spenders. Per capita city spending in 1989 was virtually unchanged from its level in 1980; WHEREAS, while state spending on higher education, welfare, and state agencies has increased significantly, LGA and property tax relief funding have become smaller portions of state spending; THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota, that state aid to cities be maintained at current levels; FURTHERMORE, BE IT RESOLVED that further cuts in property tax relief programs or tightening of levy limits for Pay 1991- 1993 will force the City of Richfield to raise property taxes and seriously affect our ability to provide vital services to our citizens; ~~~~ FURTHERMORE, BE IT RESOLVED that our members of the Minnesota State Legislature oppose cuts in state aid to cities, tightening of levy limits, or reductions based on fund balances. .This Resolution is hereby passed and approved the 11th day of February, 1991. ATTEST: Martin J. Kirsch Mayor Thomas P. Ferber City Clerk