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10-14-91 agenda/3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 268 Agenda October 14, 1991 Issue Statement: Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner. Background: The term of HRA Commissioner Joan Helmberger will expire in October 1991. Commissioner Helmberger was appointed to the HRA in 1980. Under state law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA for a five year term at the October 14, 1991 Council meeting. Recommended Motion: Confirm the Mayor's appointment and Redevelopment Authority for expire October 1996. of a Commissioner to the Housing a five year term which will Basis for Recommendation: 1. An appointment needs to be made for a term which expires in October 1996. Alternative Recommendation: 1. Continue the appointment to a future Council meeting. Discussion /Decision Mode: This item has been scheduled for the October 14, 1991 Council meeting so that the appointment may be made prior to the October 21, 1991 HRA meeting. Making an appointment at this time will ensure a full complement of members on the Housing and Redevelopment Authority. Respe tfully submitted, d Jame . Prosser City anager JDP:ds CZ CITY OF RICHFIELD, MINNESOTA Council Letter No. 267 Agenda October 14, 1991 Issue Statement: Consideration of approval of workers' compensation stipulation for settlement. Background: In 1987 a Richfield Police employee was injured while on duty. As a result of the effect of the injury, the employee was unable to perform the duties and responsibilities of the position and was paid temporary total disability benefits through March 12, 1989 and temporary partial disability benefits since, and various rehabilitation and medical expenses since the injury. On July 9, 1990, the City paid permanent partial disability benefits representing 3.5% of the whole body, paid at the lower impairment compensation rate. The employee maintains that he is entitled to permanent partial disability benefits at the higher economic recovery rate, and representing 7.5% disability of the whole body. The Stipulation for Settlement reflects the desire of both parties to compromise and settle their differences, and to waive the right to a formal hearing. The Stipulation for Settlement, which provides for $12,875 lump sum payment, also outlines the terms for a full, final and complete settlement of all past, present and future claims for permanent partial disability benefits. It is the position of the legal staff representing the City that the settlement is a reasonable one.and recommends that the City of Richfield accept it in its entirety. Recommended Motion: Approve the Stipulation for Settlement. Basis of Recommendation: 1. City staff and Attorney consider this settlement to be reasonable and recommend accepting it. 2. Both parties have tentatively agreed to the Stipulation for Settlement after meeting in settlement conferences. 3. By approving the Stipulation for Settlement, the City avoids the legal cost of a formal hearing and the potential for an award greater than the agreed upon settlement. 4. By approving the Stipulation, all future claims for permanent partial disability are waived. Alternative Recommendation: 1. Do not approve the settlement. w P--1 Discussion /Decision Mode: This item has been scheduled for October 14, 1991 so the City Attorney's office may execute a signed stipulation with the Police Sergeant in a timely manner. Action on this item is suggested for October 14, 1991 in order to take advantage of all essential elements of constructing the settlement agreement. RespectfulXV submitted, James D rosser City Man ger JDP:ds 1✓JiEJ4 /71 lZ):ice rIULI'It5 & UKHVtN NU. 010 State of Minnesota DRAFT Department of Labor and industry Workers' Compensation Division 444 Lafayette load St. Paul, Minnesota 55101 ------ CONFIDENTIAL James Wright, File No. 477 -44 -4960 Employee D.O.I. 12/14/87 , v. City of Richfield, Employer, and Self - Insured, Insurer. rram. ------------------------ STIPULATION FOR SETTLEMENT It is hereby stipulated and agreed among the above -named parties, the same being the only parties in interest herein, as fcdilows: 1. It may be taken as a fact that James Wright ( "the Employee ") was in the employ of the City of Richfield on or about December 14, 1987, 'at an average weekly wage of $773.76 for a five -day week. 2. At all times material herein, the City of Richfield ( "the Employer ") was self- insured for workers' compensation liability in the State of Minnesota. 3. On December 14, 1987, the Employee sustained an injury to his neck arising out of and in the course and scope of his employment with the Employer herein and the Employer had knowledge or due notice of said injury. 1 4. As a result of Employee's injury of December 14, 1987, this self - insured Employer paid the Employee temporary total disability benefits pursuant to Minn. Stat. 5 176.161, subd. 1 from the date of injury to March 12, 1989. The Employee has also been receiving temporary partial disability benefits pursuant to Minn. Stat. $ 176.101, subd. 2 from March 13, 1989 to the present. On July 91 1990, the self- insured Employer paid $2,625.00 in permanent partial disability benefits to the Employee pursuant to Minn. Stat. 5 176.141, subd. 3b representing 3.5 percent of the whole body paid at the impairment compensation rate. Employer has also paid the Employee various rehabilitation and medical expenses, all of which are on file at the Workers' Compensation Division, File No. 477 -44 -4960. 5, incorporated herein and made a part of this Stipulation is the entire file. of the workers' Compensation Division and the office of Administrative Hearings, including all of the rehabilitation and medical reports contained therein. 6. It is the claim and contention of the Employee that he is entitled to permanent partial disability benefits in the form of economic recovery compensation under Minn. Stat. § 176.101, subd. 3a, representing a 7.5% disability of the whole body. This rating is supported by the medical report of Dr. John W. Floberg dated December 12, 1999. Employee filed a Claim Petition seeking additional permanent partial disability benefits on or about January 10, 1991. 7. it is the claim and contention of the Employer herein that Employee's permanent disability (3.5% of the whole body) was 2 10/04/91 15:03 HOLMES & GRAVEN NO.010 004 •�� properly paid by the City of Richfield on July 9, 1990. This determination is supported by the medical report of Dr. David Boxall dated June 5, 1990. S. Notwithstanding the respective claims and contentions of the parties herein, the parties hereby stipulate and agree as follows I a. That it is the desire of the parties to compromise and settle their differences with respect to this matter and thereby they waive the right to a formal hearing in this proceeding. be That the Employer will pay, and the Employee will accept,' a lump sum payment of $12,000.00, less attorney's fees in the amount of $2,600.00, as a full, final, and complete settlement of all past, present, and future claims for permanent partial disability benefits owing from the City of Richfield for injuries arising from Employee's December 14, 1987 accident. Pursuant to the reimbursement provisions of Minn. Stat. 5 176.081, subd. 7, the Employer will pay an additional $587,00 to the Employee under this Stipulat'ion. c. That Employee represents to the Workers' Compensation Division that he has retained the law firm of Katz & Manka, Ltd. to represent him in this matter and that he has a contingent fee agreement with said law firm providing that 25% of the first $4,000.00 in benefits obtained and 20% thereafter, for a total fee of $2,600.00, shall be deducted from the amounts due him and paid directly to Katz & Manka, Ltd. as agreed attorney's'fees. A copy of the parties' fee agreement is attached hereto. The Employee's attorneys have incurred $ in litigation expenses, all of which will be panto the law firm of Katz & Manka by the Employer. d. That the Employee has been advised by his attorney of his rights under the Minnesota Worker's Compensation law, including provisions under the law for supplementary and adjusted benefits. e. That, notwithstanding the above payments and provisions, the Employer hereby maintains all rights and defenses against any future claims arising out of the above - described incidents and injuries. 3 f, That the parties to this Stipulation are unaware of any intervenors or potential intervenors that may have claims against the Employee or self- insured Employer herein for benefits paid to the Employee .or on his behalf as a result of his injury of December 14, 1987. g. That the Employer expressly reserves and maintains any and all rights of subrogation and/or indemnity, pursuant to the Workers' Compensation Act or otherwise, including but not limited to, those rights provided in Minn. Stat. S 176.061, relative to any right of recovery which the Employee has, or may have, against any third party, person, or entity. h. That the ten -day statutory notice for possible objection to attorney's fees is waived by the parties and the Workers' Compensation Division may issue an order approving the attorney's fees outlined in this stipulation. WHEREFORE, the parties pray that the Workers Compensation Division will approve this Stipulation for Settlement and issue its award in conformity therewith and that the Employee's Claim petition shall be dismissed. Dated: 01991 Dated: 11991 4 James Wright, Employee KATZ & MANKA, LTD. By: - -- Gary Manka, # 4830 ADS Center 80 South Eighth Street Minneapolis, MN 55402 -2232 ( 612 ) 333 -1671 ATTORNEYS FOR EMPLOYEE mly Dated: .1991 HOLMES & GRAVEN, CHARTERED By: Robert A. Alsop, #174324 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 ATTORNEYS FOR EMPLOYER 5 ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337 -9224 VIA FAX October 7, 1991 Mr. James Prosser City Manager City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Re: James Wright v. City of Richfield Our File No. RC 145 -67 Dear Mr. Prosser RECEIVED OCT 0 0 1991 /a_ q HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337 -9300 Facsimile (612) 337 -9310 CONFIDENTIAL This letter outlines the status of the above - referenced workers' compensation matter and recommends its settlement pursuant to the terms outlined herein. James Wright is a former police officer with the City of Richfield ( "the City") who injured his neck on December 14, 1987 while working for the City. Between December 15, 1987 and March 12, 1989, the City paid Mr. Wright temporary total disablity benefits pursuant to Minn. Stat. S 176.101, subd. 1. Since March 13, 1989, Mr. Wright has been receiving temporary partial disability benefits to compensate him for the reduction in income he has incurred as a result of his work related injury. On July 9,. 1990, Mr. Wright was paid $2,625.00 in permanent partial disability ( "PPD ") benefits at the impairment compensation ( "IC ") rate. The payment was based on a medical report from Dr. David Boxall dated June 5, 1990 who concluded that Mr. Wright was suffering from a 3.5% disability of the whole body. PPD benefits are generally paid at the IC rate when an employee has returned to work in a "suitable" position after a work related injury. At the time of the PPD payment by the City, Mr. Wright was working as a clerk for the City at a substantially lower wage than he was receiving as a police officer. James Prosser, Manager October 7, 1991 Page 2 Mr. Wright filed a Claim Petition on or about January 10, 1991 seeking additional PPD benefits in the form of economic recovery compensation ( "ERC "). Mr. Wright also claims to be suffering from a 7.5% disability of the whole body based on the medical report of Dr. John Floberg dated December 12, 1989. It is our opinion that Mr. Wright probably should have been paid his PPD benefits at the higher ERC rate rather than at the IC rate. There is also persuasive evidence that Mr. Wright's disability should have been rated at 7.5% rather than 3.5% as paid by the City. In order to avoid the costs associated with litigating this matter and losing, we have tried to negotiate the best settlement possible on behalf of the City. Under the stipulation, the City will pay Mr. Wright an additional $12,875.00 as a full, final and complete settlement of his claim for PPD benefits arising from his work injury of December 14, 1987. If we litigate this matter and lose, the City could incur over $16,000 in additional PPD benefits, interest, Subdivision 7 reimbursements and attorney's fees. In exchange for a lump sum payment of $12,875, Mr. Wright will waive all future claims for PPD benefits arising from his employment with the City of Richfield. We consider the proposed settlement reasonable and recommend the City of Richfield accept it in its entirety. If you have any questions regarding the matters discussed herein, please feel free to call me. Sincerely, HOLMES & GRAVEN, CHARTERED ""RL By , 94 Robert A. Al-sop RAA:gak cc: John Dean CITY OF RICHFIELD, MINNESOTA Council Letter No.266 Agenda October 14, 1991 Issue Statement: Consideration of a resolution to amend the Letter of Understanding between the City of Richfield and the City Manager, adjusting compensation. Background: Mayor Kirsch has requested that a resolution adjusting the compensation of the City Manager be placed on the October 14, 1991 Council agenda. The City Manager was appointed to the position in July 1986. Recommended Motion: Basis of Recommendation: Alternative Recommendation: Discussion /Decision Mode: This has been placed on the October 14, 1991 agenda for Council consideration. Respectfully submitted, CAK:ttf 1i-1 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, 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 % retroactive to September 1, 1990, and to increase the revised base salary by % 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 14th day of October, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 10 CITY OF RICHFIELD, MINNESOTA Council Letter No. 265 Agenda October 14, 1991 Issue Statement: Approval of first reading of an ordinance change which would prohibit operable vehicles from being parked in the yard portion of any lot. Background: City ordinance 1305.27 currently gives staff the authority to prohibit vehicles from being parked in the front yard of any lot within the City. It does not allow staff to address operable vehicles that are placed in the rear or side yard of lots. In most cases, these vehicles are operable and currently licensed but are being stored on the property. The vehicles in question may be collector type vehicles or vehicles belonging to family members who no longer live at home. This ordinance does not prohibit the parking and storage of recreational vehicles and equipment in the yard in specific areas as outlined in Section 1325.05. Environmental Health staff continue to receive two to three complaints per month from residents who feel that their neighborhoods, especially those rear yard areas, are beginning to look like used car lots. Inoperable vehicles (those not currently licensed or unable to be driven) are prohibited under Section 1320.13 which deals with inoperable vehicles. This change would have no impact on the way in which the City handles inoperable vehicle problems. It would simply give staff the authority to prohibit the storage of operable vehicles from the entire yard area rather than just the front yard. Recommended Motion: Staff recommends approval of a change in Ordinance 1305.27, Subd. 5 which would delete the word "front" from front yards. This would prohibit residents from parking anywhere on a lot except in an established driveway. Basis for Recommendation: 1. Staff continues to receive complaints from the public regarding operable vehicles which are being parked or stored in areas other than established driveways. In most cases, the complaints received are regarding vehicles in the rear of the property. 2. The storage of vehicles in the rear property, in areas other than an established driveway, gives the neighborhood a deteriorated appearance. Ic) —I Alternative Recommendation: 1. The Council could decide not to approve the ordinance change. This would mean that residents could continue to store or park operable vehicles in the rear and side yards of their property. Discussion /Decision Mode: Consideration of a request for a change in Ordinance 1305.27 Subd. 5 to delete the word "front" from "Front Yards" is presented to Council at this time. RespectTully submitted, Jame . Prosser City anager JDP :d.s Bill No. Amendment to Section 1305 of the Ordinance Code of the City of Richfield City of Richfield does Ordain: Section 1305 of the Ordinance Code of the City of Richfield is hereby amended by amending Subdivision 5 of Subsection 1305.27 to read as follows: Subd. 5. Front- Yards. No person may park or place any motor vehicle in the front yard area of any lot within the city, except in established driveway areas as and parking areas permitted by this code; and locations where the parking and storage of recreational vehicles and equipment is permitted by this city zoning code. Passed this day of Richfield City Council. ATTEST: Thomas P. Ferber City Clerk 1991 by the Martin J. Kirsch Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 264 Agenda October 14, 1991 Issue Statement: Request for a transitional activity permit which would allow Richfield Mitsubishi to develop an automobile sales lot on the property at 901 West 77h Street. Background: Richfield Mitsubishi is proposing to expand onto the adjacent former car wash site via the transitional activity permit process. The proposal is to construct a new and used vehicle sales lot which would tie into Mitsubishi's existing site configuration. The proposed site improvements include fill to grade, new landscaping, lighting, curb and gutter, and paving. A storm water retention area would be constructed at the south end of the property to handle drainage concerns. The 28,000 square foot parcel site is located within the C -3 zoning district and the Interstate - Lyndale - Nicollet redevelopment area. Recommended Motion: Approve the transitional activity permit, proposed site plan, and revised drainage plan as submitted by BKBM Inc. for a five year period with the following stipulations.and required findings of fact: Stipulations: 1. That the retaining wall in the storm water retention area be constructed with straight rockface keystone blocks. 2. That an irrigation system be installed on the site. 3. That a cash escrow be submitted for all required landscape improvements prior to the start of construction. 4. That this permit be issued contingent upon formal approval of the drainage plan by the Watershed District. Findings of Fact: 1. The transitional activity is in connection with an existing use allowed in the district as a nonconforming use. 2. The transitional activity permit will maintain the vitality and economic success of the applicant's business during the transition period of the C -3 district. 3. The transitional activity will not have an adverse impact upon development of land within the C -3 district in the manner intended for the district under the City's land use regulations or its Comprehensive Plan. q-I 4. The transitional activity will not materially increase the potential public cost of development with the C -3 district. 5. The transitional activity will be compatible with surrounding uses, will have no adverse impact upon surrounding properties, and will be in full compliance with all standards and requirements contained in this code applicable to uses and structures in C -2 districts. Basis for Recommendation: 1. On October 2, 1991, the Planning Commission voted unanimously to recommend approval of the transitional activity permit. 2. The transitional activity permit can allow nonconforming uses to expand if the expansion will not delay the transitional period or increase the public costs connected with such transition. . 3. The City Engineering Department has approved the drainage plan. Hydrological calculations indicate that the proposed retention pond could handle a 200 year storm. 4. MnDot reviewed the drainage plan and approved the volume of runoff onto their right -of -way. 5. Proposed site improvements will add to the visual appeal of the site and adjoining sites. 6. The petitioner is aware of the stipulations and has indicated agreement with all except for the irrigation requirement which is a City standard. 7. The proposed lighting plan has been approved by the City Planner. Alternative Recommendation: 1. Deny the transitional activity permit with a finding that the proposal would have an adverse impact on surrounding properties and potential redevelopment of the C -3 district. Discussion /Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, October 14, 1991. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was published in the Sun- Current and mailed to property owners within 350 feet of the subject property. ully submitted, Jams VIA. 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Ii... 1. ►- -1 -• ♦• 1i ►i..1• ♦f F j :II10 rs7ii�:® • FOR FREEWAY STRIP MIXED LAND USE MEDIUM DENSITY BUFFER MULTIPLE RESIDENCE SINGLE FAMILY RESIDENCE EM INSTITUTION PARK AND OPEN SPACE comprehensive plan 901 WEST 771/2 STREET "am gm i�� qqq PLAN N 1 NG 0 100 2W=4W wo �,,��� ��i���� ZONING A&EW -1� w• 1wWi.` r w 1 1 OIVMC(Prp+fxrFo►dl---" X"6 CX- mQfmCtD 1FI*bmP4&L -/ aD+ POOq 14U �---- INtCF� HrVY• 1 -19t -� i 1 r � 1 1 . M! -d 460.. c r OF r•OWAM w+w parking lot detail 901 West 77 1/2 Street ../ PLANNING no scale ►III ��I� NMZONING September 19, 1991 Mr. George Atkinson Engineering Supervisor City of Richfield City Hall 6700 Portland Avenue South Richfield, Minnesota 55423 RE: Richfield Mitsubishi Parking Lot Expansion BKBM Job No. 91460.00 Dear Mr. Atkinson: ��PROFESSIONAL ENGINEERS 219 North Second Street UL Minneapolis, 55401 (612) 333 -7101 1 � Fax: (612) 342 -9482 As I explained to you on the telephone, we have been retained by Richfield Mitsubishi to do a drainage analysis of their proposed parking lot expansion located adjacent to and east of their exiting sales facility. We directed our analysis, based on your expressed concerns as follows: 1. Do not increase the volume of runoff to W 771/2 Street located on the north side of the site. 2. On the south at 78th Street, verify the capacity of the 18" culvert and its ability to convey runoff from the south portion of the site based on a 200 -year rainfall. Your first concern was resolved by changing the grades to match the pre- construction drainage surface area. (See enclosed calculations and plan,) For your second concern, we calculated the capacity of the 18 inch culvert under the east driveway using an HW /D of 2. The capacity of the culvert was found to be 9 CFS. The runoff from the site using a 100 -year curve, a 10 minute time of concentration and a rainfall intensity of nine (9) inches with a drainage area of 0.50 acres and a C factor of 0.95 is 4.28 cfs. The 18" culvert will handle twice the runoff from the site. It will also handle the 200 - year storm without over topping the driveway on the west. The small depression along the West 78th Street Boulevard acts as a detention pond and has a •storage capacity of about 3,500 cubic feet of water. A six inch rainfall over a 24 -hour period will accumulate 10,454 cubic feet of water. Typically rainfalls usually peak in the first 20 to 40 minutes of the storm duration. A 40 minute duration will accumulate about 4,600 cubic feet of water. The pond will store 3,500 cubic feet, or 76 %, of the runoff. The pond will relieve down streams conditions during high intensity rainfalls. BAKKE KOPP BALLOU & McFARLIN, INC. q-9 If you have any questions, please feel free to contact me. I have enclosed. a revised grading plan and my calculations. Sincerely, BAKKE KOPP BALLOU & MCFARLIN, INC. Richard A. Hudak Direct Line: 342 -9449 �i Harold. P. Bakke, P.E. Principal Direct Line: 342 -9455 cc: Dave Phillips - Phillips Klein Enclosures BAKKE wrtempois. SHEET NO / ° F G KOM BALM gl roe 1 ?•c K \AA1TSu R, ►S1t l McFARllfy ING DATE PROFESSIONAL ENGINEERS DESIGNER DESIGN OF C) }�' RftCc�nq 17ro N 5 1�- o ST �,OITto�us �> 2 A I eU 14 Co tt s;E,1� IMQEt2ukotvs O - /6AC. p,15 1PgR.ucoL4 S 0101gC I C . bZ.gc. i I500-S00 oI✓ % r�a4,pi j UAI?RQ.V I P titi� l �VA10e .0 erg pa��t tti.itur wlta1 Il�o jtUAC.�c � ?cod ZyEl14¢ Att Sa o. YBA� Q,00 TrI: O.04�Rc �rZ -sue 3io3 c�' i wrti 4 /c�GF . ,2G e F 2T�1 M .L Ti'r' . 65 .Sc gct3/ cF D c� TrI: O.04�Rc �rZ -sue 3io3 c�' i wrti 4 /c�GF . ,2G e F 2T�1 M .L Ti'r' - KOPP BAIM 11 WARM WC. PROFESSIONAL EN0903ERS DESIGN OF 9-11 SMEET NO. JOB DATE DESIGNER - - µ� �UqC A 47(0N 7- 14-M Q ?R-*- 6�etoo y2 Cu cot C= 0195 Tb Yz s- ta.ttT '4-at a Rlr=4" z W4 Y5e�i. So LK'T l O w f . /4 X .15 X ' i %C.(«j , w 1 o f 14 1 Co 44 pol N T Tv IV02114 .-v C -QIAAL ra-e co -As � 'T C+o,,r,o ) /$ oCktdaRT �C.4i-�w► 4 t) � DO � R GaQ1►& CK�v�1a�- l�• C.^gAe gT y Fog. 14+� QOAIT 41 'f�9t:F S Alt Aoo of 9� 4T1d; �1Z1CiNSoN C� %700 14,M AND YZ 3 WWI ^.I , '57cr- S 5*1 7H To mWab T b .IG#NAVE cj,�FS ,,CF5 DO- 0 y v Rs.Podt fav 4 '1.�oytfaft S�s'"� y /ets t i 3 , 1.0 Cl Cc 5, W x U Z z v Q� W J U O ir ~W W s: Q O X12 i BUREAU OF PUBLIC ROADS JAN. 1963 1.0 .9 .8 .7 U, s L.5 i HEADWATER SCALES 2 &3 REVISED MAY 1964 I i FIGURES i FIGURE 29 HEADWATER DEPTH FOR CIRCULAR CONCRETE PIPE CULVERTS WITH INLET CONTROL t r,"J - _� 1. $ -180r 10000 ' -168 8000 EXAMPLE (1) (2) (3) -156 5000 D - 36 inches (3.0 feet) 6.0 6.0 : R .144 �.5000 Q -66cfs 5.0 p 13 4000 may. may, 6.0 5.0 3000 D feet' : 5.0 4.0 4.0 iu A -120 2000 (1) 1.8 5.4 -108 (2) 1.55 41 .0 3' 3.0 .102 (3) 1.6 4.8 1000 •D In feet 3.0 4 90 -84 600 J.aS x �.ts= 3.2tiNw 1500 -► 2.0 2.0 �► s:t x � _ 2.0 � - - 7Y 400 . 66 y LL 1. 1.5 -60 Z 200 y 1.5 X12 i BUREAU OF PUBLIC ROADS JAN. 1963 1.0 .9 .8 .7 U, s L.5 i HEADWATER SCALES 2 &3 REVISED MAY 1964 I i < 1 a� LA t �,,..•� �yP { r \ / �A `N %Wt i ,w rRaJ r N f • � A7o ¢rN j2,cua+t4e ��I Ak�U Ph ACINV l AID .-Teti j1 t 1 I1 ,• � ,�•S� t + acts Cyril" w.Li1CeP k ' j tp� t �i! t �.,cwc. 12015 it — . n a/ October 01, 1991 City of Richfield Planning Commission CUTLER ANIMAL HOSPITAL Donald T. Maki, D.V.M. 7738 Colfax Avenue South Richfield, MN 55423 Telephone: 869 -2411 Regarding Item #1 91 -TAP -1 Terry Feldman Imports /Richfield Mitsubishi Dear Planning Commission Members: First, I wish to express my extreme disappointment with the planning comission members who were not at the September 24th meeting. It was a great inconvenience to me personally, and to others, to be there on a matter of great concern to us. As a result, my only action is a letter. I do not feel I can fully express my concerns in this form but have no alternative. Some matters may .not come to light as a result. I feel that if a commission is established, its members are duty bound to be present so that a quorum is present to conduct business that is brought before it. As to the specific proposal that this. letter is addressed to, let me elaborate. The hydrology report from Richfield Mitsubishi as I understand it, only goes as far as the 18" culvert that exits the property in question. No mention apparently is made as to where it goes from there. What I am refering to is the Department of Transportation drain, it already drains a very large area in the area between Lyndale and Colfax and 77k street and the frontage road. Will the D.O.T. accept the excess water and if so, where does it go and how does it get there and can it get there at the maximum rate the hydrology report says will go through the 18" culvert? Since there was flooding of freeway I494 during the large rains several years ago, it should be clearly apparent that their storm sewer system cannot handle the water, let alone excess water, from adjoining property such as the property in question. My property also received a great deal of water from the freeway that should not have become my problem. I su'Dmit that before the approval of this project, we must have confirmation from the D.O.T. and their hydrologist that the D.O.T. sewer system can handle the entire water from the freeway as well as the property in question in the event of severe rains as we had several years ago. .This study must be done all the way from the property in question, to its exit into a suitable river, holding pond or wherever it goes before approval can be obtained. Approval cannot be granted on the-18" culvert only, with no consideration whatsoever for where it goes from there. CITY OF RICHFIELD, MINNESOTA Council Letter No. 263 Agenda October 14, 1991 Issue Statement: Request for a conditional use permit amendment to allow construction of.an atrium addition at Baker's Square, 3000 West 66th Street. Background: Baker's Square is proposing to construct a nine foot by 101.5 foot glass atrium addition on the south side of the existing restaurant. The addition would increase the seating capacity from 152 to 192 and would also serve to update the appearance of the restaurant. Baker's Square is part of the Southdale Square Center, therefore, patrons may utilize any of the parking spaces of the shopping center. Recommended Motion: Approve the conditional use permit amendment and proposed site plan for Baker's Square with the following stipulation: 1. That a cash.escrow for landscape improvements be submitted prior to the issuance of building permits. Basis for Recommendation: 1. On October 2, 1991, the Planning Commission voted unanimously to recommend approval of the conditional use permit. 2. On September 23, 1991, the Richfield Hearing Examiner granted a front yard setback variance to allow the addition, contingent upon Council approval of the conditional use permit amendment. 3. A parking survey conducted by BRW indicates that an adequate number of parking spaces exist to accommodate 40 additional seats at Baker's Square. 4. Carlson Real Estate, owner of Southdale Square Center, is in support of the addition. 5. The proposed landscaping plan as submitted by the petitioner meets City requirements. The petitioner has agreed to the Cash escrow stipulation. Alternative Recommendation: Deny the conditional use permit amendment with a finding that the proposal would have an adverse impact on adjacent properties. 5J( Discussion /Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, October 14, 1991. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of hearing was published in the Sun - Current and mailed to property owners within 350 feet of the subject property. Respect lly submitted, James Prosser City nager JDP : j s A O J r Z O a L N� Cf)� •F . � I N �J h y t 3nN3AV .LN30NIA o � d �m 9-A Cl r � y • E A k our& 77 7 oWc •wry F' ago Alm a� 3nN3AV 83Xd3X .g .y c� p (D /10 U aD W. cr ^ _I OD 0 CIS 00 •� - 3 1 � 1 �I EXISTING BAKER'S >I WARE RESTAISiANT . r . 1 I ;.`k'}� +' }�' : �i: >�j{ ;�•{:vrf }�v �v:ijti } ..;,`;.• .• •:.i :•.::ti :•.•.:•:•:;:•`:• {: s.;r,.;.; f:.r r?; {•;•? •?:: %? : ?'•?' ?L {::;{ ;:Y�::•';:i::;. ?: }v : % > }:: �' f ✓:{ �', ; :t:' • �: {:,.•. r }f..•,�.fi:fi:: St•X:.•ri:v.: n •h .r.�tir%:vvA f:►•.:•,.v.:•. •{ :. :: }•:;i: •.f . •r r:;.v.•.;.� •:: •r f•., ,. }:: r.� �4Xti:•;.:':y {` •' yeti} y{ .} r ;. {:,}; •y r••.: •fr •': ••' rf.:i:v _ TRIUM AODITK)1i }�:;} , r x• f.•: i•..: :•?:• � '.: �• • ,� 7 :; }:•• {••Y•:�a: •.::•:•••r {V {...� •Y' {' i f. O. r..LL' •'} •f� { {: •' � ff.•:fr:!.r. J: fr: }ra• }: � } •:�:}f?;�:� { ?ti•},.?';.1 ° } ?�+ ?�? rf {.• {.• {rf;r,.,•..'rr.• v : �::•: jfr,'. ti;:} iti;:, YV:}`}.;.} rr;.;:•:?: �$::::{•: 3 .:•:::�' ?':rivri`•:•:;�Y "{ } {:y: . �+ c 4 Ztli fROCM SPNIE& W BALL , ' • . EXISTING IRRIGATION SY BEM TO BE MODIFIED E UIP"• 'CW�iCRETE ' WALK ioi N _� • • • • • . PERTY a = -- "- E)UTM TRIFF EXISTNG PLANTBIGS TO REI 4m WEST 66TH STREET Reacc;?� n BAKER'S SQUARE � PLA N NNING ZONING wm�� ft--fto - �tuuz�DOs I L A A SOptember 9, 1991 Mr. Larry Gadola Saker Square Restaurants 4801 Southwick Dr., Suite 300 Matteson. IL 60443 RE: Richfield, MN Remodel Dear Larry: It was A pleasure to meet you yesterday and hear about your plans for the Richfield location. As we discusseds Carlson Real Estate Company is in full support of you looking into the expansion and upgrade of the above noted facility. v We will want to review and approve the results of your studies so we can be sure that the plans won't adverzely affect any of our other tenants. I agree that the restaurant is in need of a "facelift' and that it would be beneficial for everyone involvad to have a new look for the facility. If you hAvP Any questions, please feel free to contact me. Sincerely, Brad Lis {612)333�986D BL /mse 2222 Plass V11,45 South Seventh Sheet, Minneapolis, Mlnnrsota 65402 611.333.9144 a NNMAA It was A pleasure to meet you yesterday and hear about your plans for the Richfield location. As we discusseds Carlson Real Estate Company is in full support of you looking into the expansion and upgrade of the above noted facility. v We will want to review and approve the results of your studies so we can be sure that the plans won't adverzely affect any of our other tenants. I agree that the restaurant is in need of a "facelift' and that it would be beneficial for everyone involvad to have a new look for the facility. If you hAvP Any questions, please feel free to contact me. Sincerely, Brad Lis {612)333�986D BL /mse 2222 Plass V11,45 South Seventh Sheet, Minneapolis, Mlnnrsota 65402 611.333.9144 1B)0 B R W INC. Planning Transportation Engineering Urban Design Thresher Square 700 Third Street So. Minneapolis, MN 55415 6121370 -0700 Fax 612/370 -1378 Minneapolis Phoenix Denver St. Petersburg San Diego Seattle Donald W. Ringrose Richard P. Wolsfeld Peter E. Jarvis Thomas E Carroll Craig A. Amundsen Donald E. Hunt John B. McNamara Richard D. Pilgrim Dale N. Beckmann "effrey L. Benson Ralph C. Blum Gary J. Erickson John C. Lynch Paul N. Bay DATE: TO: FROM: RE: Memorandum S -5 September 20, 1991 Dane Randolph Richard Nau, BRW, Inc. Chris Hiniker, BRW, Inc. Parking Availability for Proposed Baker's Square Expansion at Southdale Square The purpose of this memorandum is to determine whether there is an adequate supply of parking at Southdale Square to accommodate the proposed expansion of Baker's Square. As stipulated in the City of Richfield parking standards, this 861 -square -foot expansion which includes a net gain of 40 seats, would normally require the provision of an additional 16 parking stalls (one stall per 2.5 seats). However because of space restrictions, it has been determined that it is not possible to provide additional parking capacity. The memorandum will present the results of parking counts taken to quantify vacancy rates at the existing parking facilities. To facilitate analysis the parking lots have been divided into four subareas (Figure 1). The parking area on the back of the shopping center was not included because of its distance from Baker's Square. On -site parking counts were conducted on Friday, September 6, between 11:00 a.m. and 7:00 p.m., and on Saturday, September 7, between 11:00 a.m. and 3:00 p.m. Data was not collected for the Pannekoeken Huis lot on Friday between 11:00 a.m. and 4:00 p.m. The results of these counts are presented in Tables 1 and 2. The Friday counts show an average of 170 spaces vacant between 11:00 a.m. and 7:00 p.m., while on Saturday, an average of 143 spaces remained unoccupied. The minimum vacancy periods occurred between 1:00 p.m. and 1:30 p.m. on Friday and 2:30 p.m. and 3:00 p.m. on Saturday with 102 and 92 vacant spaces, respectively. These numbers reflect the minimum vacancy level for the entire parking area during a specific time period. �' 10 Dane Randolph September 20, 1991 Page 2 In order to present a potential worst -case scenario, the minimum vacancy level experienced in each parking subarea during any time period was totaled. The sum of these numbers, shown in Table 3, reflects the minimum vacancy level for each of the subarea lots rather than the combined parking area. Under this scenario, a minimum of 91 spaces were vacant on Friday and a minimum of 87 spaces were vacant on Saturday. Therefore, under this worst -case condition, a total of 87 spaces remained vacant. Based on the results of this analysis, adequate space exists at Southdale Square to accommodate the 16 parking spaces required to comply with the parking guidelines of the City of Richfield. RN /ch Attachments cc: File 1335B01 N8969 WEST 65TH STREET i - .r_ r • ' r •fu .r wno .r • ad a w . • •+f u ■ • `�\� lA 1005 . �\ .� LU '1/■ e� w _ 4 p > �;' N W x z W > x Ir b� • A ■ ■ PANNEKOEKEN ■ g. ' • • HUTS BAKER'S ■ ' -� SQUARE ■ • is ,., • 1■ to Lot D Lot A Lot B- Southeast 28 Spaces 47 Spaces 43 Spaces LEGEND: AREA NOT INCLUDED IN ANALYSIS Figure 1 SOUTHDALE SQUARE PARKING SUB -AREAS 0 50 100• R �� ORTH ROM Q F z a F a� O az �Q 00 Ile a Qm aW 1� W Q� aFA QOM Hew R ^, " ��.N�.Nro.N,ONNN C*4 OO ) I C 1.0 rA 8 QQQQQQQQQQNNN100000, zzzzzzzzzz C On y d V R t� 00 V N M N 00 M N 00 Zc��- •�$�nin�o�rvMF�°o� In R > 0 4, 7 z U R C�t�M t�0�-- �NO�MMt�NOI��t NNN NNMMNMN�--�NN- -�- -� Q fn �QQQ� d E H to kn m — I- et t- �c N N t- aN w -Rt pzaa� .Oogaoa'oaa"aoQaoc''oa'oa' .~•i z M ,L; M S M S M O M S M S M S CV S O S O g M S M S M S M S M S M cl z wo nR � N � N s0000 00 � N V t 00 * O N N N N � N M h M N N C 3 x 2� U >� ou> S :S HQQ C 3 x 2� A H V z aH .ate a� a a� �Q as W Q W a� Q N A A Hp� y r- 00 _ Ch S tn .r M N M N h --� �QV) f� cn 3 �zaa �gogaors.aow zM�MSM$ �N ' ~(V NM E S M Q M O O g 0 ,;;,�yvv�jGOM M •--i .-� ,ter ...� ..i .r cV N C9 0 tp h s �O O� W, C, N �o er N `89 W �bR h h M .4 (V C yN v � NNOOOOMM. -ytry >� >s N y N U R C R M N ��pp Vn in N 00 cM M O O� ON 00 00 R cz � > C.Gr.7N yt. E D z cn 0000v4��. -+ON MMNN .+ Vn3v N h --� �QV) f� cn 3 �zaa �gogaors.aow zM�MSM$ �N ' ~(V NM E S M Q M O O g 0 ,;;,�yvv�jGOM M •--i .-� ,ter ...� ..i .r cV N C9 0 tp h s �O O� W, C, N �o er N `89 W �bR h h M .4 (V _C 3 -9 U > >� >s _C 3 -9 i 1 .i d v�+ ago 04 a oA ON V i O a 7- Act .o g .• c M �1 ct M lis O v CIO H o � W H cn N �i 7 CITY OF RICHFIELD, MINNESOTA Council Letter No. 262 Agenda October 14, 1991 Issue Statement: Second reading consideration and public hearing for an ordinance authorizing sale of 7300 First Avenue; and issuance of Certificate of Completion at appropriate time by the City Manager. Background: At the September 24, 1991 Council meeting, first reading was given to an ordinance authorizing the sale of this property. A second reading and public-hearing were scheduled for the October 14, 1991 Council meeting. The sale process is progressing on schedule. An open house was held on October 5, 1991. Approximately 50 people toured the house, 23 obtained a purchase offer information packet. Offers to purchase are due November 1, 1991. Some time between November 18, 1991 and January 31, 1992 a closing on a sale is anticipated. The sale will be made to the person offering the highest purchase price over $40,000 and who demonstrates the financial capability to not only pay the purchase price but fund the required improvements which are estimated to cost from $15,000 to $17,000. Recommended Motion: 1. Approve the attached transitory ordinance which authorizes the Mayor and City Manager to effectuate a sale to the successful buyer. 2. Approve the issuance of a Certificate of Completion by the City Manager at such time as the buyer has completed the necessary repairs. Basis of Recommendation: 1. To sell this property, the transitory ordinance must be approved. 2. The Council on September 24, 1991 took action directing staff to continue to pursue sale of the property. 3. The notice of public hearing was published in the Sun - Current on October 2, 1991. 4. Staff will monitor progress of renovation and issue a Certificate of Completion when there has been compliance with the appropriate agreements and ordinances. Alternative Recommendation: 1. Decide now to not sell.the house. 2. Delay action. Discussion /Decision Mode: Adoption of the above noted motions will keep the sale process on schedule. Respectfully submitted, James ! rosser City M ger JDP:ds TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING.AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (7300 FIRST AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as herein provided: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West.line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota, and having the street address of 7300 First Avenue South, Richfield, Minnesota. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this day of Richfield City Council. ATTEST: Thomas P. Ferber, City Clerk , 1991 by the Martin J. Kirsch, Mayor PURCHASE BID APPLICATION PACKAGE FOR SINGLE FAMILY HOME LOCATED AT 7300 FIRST AVENUE SOUTH RICHFIELD, MN 55423 Return Applications To: City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Attention: Kathy Jablonsky Purchase Bid Applications for participating in the bid selection process will be accepted until 4:30 p.m., Friday, November 1, 1991 City of Richfield Community Development Department 6700 Portland Avenue South Richfield, MN 55423 (612) 861 -9760 PURCHASE BID APPLICATION PACKAGE TABLE OF CONTENTS 1.) Invitation to Bid Letter and General Instructions for Submitting Purchase Bid Application 2.) Program Guidelines 3.) Property Information Sheet 4.) Required Improvements 5.) Purchase Bid Form and Flood Knowledge Acknowledgment 6.) Purchase Agreement 7.) MHFA Purchase Plus Financing Program PROPERTY DISPOSITION PROGRAM GUIDELINES FOR 7300 FIRSTAVENUE SOUTH PROGRAM OBJECTIVES - Disposition of property in order to convert real estate asset into cash for City Sewer Fund. - Eliminate the perceived blighting influence of vacant residential property thus improving the stability of the residential neighborhood. - Return property to tax rolls. These objectives will be achieved through the program goals listed below which strive to sell the property to a qualified buyer contingent upon the rehabilitation of the house as enumerated within the Purchase Bid Application packet. PROGRAM GOALS - Sale of property to highest bidder /qualified buyer. - Achieve a defined level of improvements to minimize future flooding damage and compliance with building codes. All required improvements are listed within the "Scope of Work." PROPERTY DESCRIPTION Property Address: 7300 First Avenue South Richfield, Minnesota 55423 Legal Description: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd'Addition," Hennepin County, Minnesota. REQUIREMENTS TO BID The following represents the requirements to bid in order to obtain a position as a qualified bidder and proceed on to the next stage as a potential candidate for a qualified buyer. -1- General - Minimum offer for purchase of the property shall not be less than $40,000.00. - Bid applicant must obtain and provide to the City written indication from a financial institution, or the Minnesota Housing Finance Agency (MHFA), of prequalification for financing for the amount of the bid, required improvements, as well as related closing costs. In the instance where a traditional lender is not used, bid applicant must provide to the City other evidence of financing. - Bid applicant must deposit $500.00 in the form of a cashier's check with bid application as earnest money toward purchase of property. Earnest money will be held in a non - interest bearing account during the time period in which all bid applications are being reviewed. - Bid applicant must inspect and review the property before signing and submitting the "Purchase Bid Form and Flood Knowledge Acknowledgment" form to the City. Bid Application Submittal Bid applicants must return the following materials to the City as part of the application packet in order to be considered a qualified bidder: 1.) "Purchase Bid Form and Flood Knowledge Acknowledgment" form, signed and dated. 2.) Copy or copies, if more than one, of bid estimates from contractors based -,on "Scope of Work" which enumerates the rehabilitation work which must be undertaken by qualified buyer. 3.) Written indication from a financial institution, or the Minnesota Housing Finance Agency (MHFA), of prequalification for financing for the amount of the bid, required improvements, as well as related closing costs or other evidence of financing. 4.) A cashier's check in the amount of $500.00 as earnest money toward the purchase of the property. BIDDER SELECTION The following summarizes the criteria for selecting a qualified bidder for the purchase of the property. 3 5045 1.) Bids will be reviewed by City staff. 2.) The City reserves the right to reject any and all bid applications. Incomplete bid applications will be rejected. Incomplete applications and earnest monies will be returned to disqualified bid applicants upon notice of bid rejection. 3.) Qualified bids will be rank ordered from highest to lowest bid offered for the purchase of the real estate. 4.) In the event of a tie, a lottery will be drawn to determine the rank ordered position of the bid offer. 5.) Bids will be processed based on rank order until a qualified buyer is identified. 6.) Earnest money deposits will be returned to unsuccessful qualified bidders immediately upon identification and selection of a qualified buyer. 7.) The City reserves the right to reject any and all bid applications. Earnest money will be returned to disqualified bid applicants upon notice of bid rejection. PURCHASE AGREEMENT PROCESSING The following general criteria shall guide the processing of the purchase agreement that governs the sale of the property to a qualified buyer. 1.) Upon selection of a qualified buyer, buyer will enter into a purchase agreement with the City. (See form of purchase agreement within bid application packet.) 2.) Buyer shall proceed to initiate final qualifying process for financing the purchase of the real estate and required improvements with financial institution or other lender. 3.) Failure to enter into a purchase agreement with the City when it is presented forfeits the $500.00 earnest money deposited submitted with the bid application. FORM OF FINANCING AND OTHER AGREEMENTS As part of the Property Disposition Program, the final processing of the sale of the property to a qualified buyer shall be based on the form of financing as follows:. 1.) If the Minnesota Housing Finance Agency (MHFA) Purchase Plus program is the selected financing method, the requirements governing the mortgage program shall apply, guide and enforce the required improvements to be undertaken by the qualified buyer. -3- C 2.) If the Minnesota Housing Finance Agency (MHFA) Purchase Plus program is not the selected financing method, the qualified buyer shall be required to enter into an agreement with the City for undertaking the required improvements. (See form of „Agreement. ") PROPERTY INFORMATION Address: 7300 First Avenue South, Richfield, Minnesota 55423 Legal Description: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota. PIDNumber: 34- 028 -24 -13 -0009 Minimum Sale Price for Real Estate: $40,000.00 ( required improvements to property buyer's cost) Construction Date of House: 1956 Lot Size: 75' x 120.48' Approximate Total Square Footage of Living Space: 988 Square Feet Garage: Single car (14.5' x 24.5') Taxes: Buyer shall be responsible for real estate taxes and special assessments from date of closing. The property is exempt from taxes for taxes payable in 1991 and 1992. No special assessments appear of tax record as of 10/5/91. Description of Home: Three (3) bedrooms *; - Full bathroom; - Kitchen with eating area; - Living room with built in fireplace; - Dining area; - Oak woodwork throughout; - Exterior finishes: brick, painted shake type lap siding; Aluminum combination storm windows; - Furnace *; - Water heater (approximately eight years old); - New roof in 1984; and - New insulation in roof and rim joist in 1984. Insulation installed to R -38 in attic. - The home was flooded on several occasions. -I- *The bedroom located adjacent to kitchen will be required to be converted to utility /mechanical room. All utilities in the basement will need to be moved into this converted utility /mechanical room. The existing furnace will need to be replaced. See "Scope of Work." Neighborhood: The property is located in an established neighborhood in Richfield. The neighborhood consists of a mixture of one and two story single family homes located.just east of Nicollet Avenue. All residential amenities are located within measurable distances. Public Schools: - Centennial Elementary School - Richfield Intermediate School - Richfield Junior High School - Richfield High School Private Schools Academy of Holy Angels (9-12) - Assumption (K -8) - Fraser School, Inc. (X- Special Ed.) - Mt. Calvery Lutheran (K -8) Southdale Montessori (K -K) - St. Peter (K -8) - St. Richard (K -6) - Wooddale Academy (X- Special Ed.) Appraisal Report: A copy of the appraisal report, dated May 10, 1991, by the Chase- Brackett Company is available for $5.50. Please call the Community Development Department at 861 -9760. -2- 1 � ,k,• i �, � . Icy � _ �. �b its.; ► 't'M'. `..:- . a. ; r�: �•�'�. � �..rii:• t'" _ ��. = � `��i i -rte , xy. 1. R4 Muni ` —"77 �'. t t k Building Layout Garage 14 i 22 14 26 2 i Bath Mech. Kitchen Bedroom Room i 24 - - - - -- 26 1 Bedroom Living Room " f 40 ` Total Gross Living Area: Garage: f 40 x 24 = 960 14 x 22 = 308 Sq. Ft. 14 x 2 = 28 988 Sq. Ft. REQUIRED IMPROVEMENTS FOR 7300 FIRST AVENUE SOUTH The attached Scope of Work lists the required improvements which must be undertaken by the Buyer. These improvements represent the minimum level of improvements necessary to minimize future flooding potential. Also included within the Scope of Work are items which the City's building inspector identified as deficient with respect to building code. Any additional improvements such as painting or, replacing the countertops or any other work not listed in the Scope of Work are optional improvements. Optional improvements will,.be an additional cost to the buyer. As costs for improvements vary from contractor to contractor, it is advised that you obtain at least two bid estimates from two different contractors. Included for your review are two bid estimates that the City obtained. The.bid from HOMECARE, INC. totals $14,947.00 while the bid from Osage Builders came in at $17,104.00. These estimates were based on the Scope of Work. However, these bids do not include estimates for the removal of the electrical wiring from the basement. Please note that when you obtain bids from a contractor, use the blank Scope of Work as it includes all of the required - improvements. if you choose to select one of the contractors that bid for the City, you must have them provide a bid for the removal of the electrical wiring. Also, 'please be informed that financial lenders may require borrowers to provide a copy of the Scope of Work, any optional improvements and associated costs for undertaking any and all improvements. ~' SCOPE OF WORK 7300 First Avenue SCOPE OF WORK: This work will include all labor, material, equipment, and services required to rehabilitate the above property. All work shall conform to all applicable codes, ordinances, technical specifications, and manufacturer's specifications. Work to be done on the property, a single family dwelling, is as follows. EXTERIOR• Regrade around perimeter of house to ensure soil is a minimum of 6" below siding., Provide new sod to regraded areas. S BASEMENT: FIREPLACE Block up basement fireplace with brick and appropriate mortar mix. $ Remove wood shoring from underneath first floor fireplace hearth. Clean mold from subfloor using bleach solution or disinfectant. $ WINDOWS Remove and haul away glass block from northwest and north basement windows. Furnish and install two standard hopper style basement windows. $ INSTALL CONCRETE FLOOR Excavate area approximately 23' x 12' for new concrete floor. Haul away debris. Provide at least 4" thick compacted sand /gravel base course and approved moisture barrier. Form and pour 4" thick 2000 pound PSI concrete floor slab with 6 x 6 x 10 gauge wire mesh reinforcement embedded in concrete. Slope new floor toward floor drain. Trowel, broom, and finish new concrete. $ -1- INSTALL DRAIN TILE SUMP PIT AND SUMP PUMP Install drain tile, sump pit and sump pump. Install drain the system in basement. Install new submersible cast -iron sump pump. Pump /installation to include: sealed motor with mechanical control; remote control switching mechanism; and wiring by others. VENTILATION: Vent kitchen exhaust fan to exterior. $ Disconnect former basement bathroom fan and plug exterior opening. $ < RELOCATE UTILITIES TO FIRST FLOOR: Convert north bedroom located off kitchen, to a utility room by completing the following: PLUMBING: Remove and haul away all basement bathroom fixtures (toilet and sink) Cap off all plumbing to bathroom area. $ Provide plumbing hook -ups for laundry on west wall of first floor utility room. Cap off all unused gas and water lines in basement laundry area. $ INSTALL LAUNDRY TUB IN NEW UTILITY ROOM Install new single compartment molded copolymer type laundry tub on west wall of first floor utility room. New tub to include: new drain waste /vent piping with P trap and all necessary fittings. Hot and cold water supply piping connections. Tub faucets Washer hose bibs. $ RELOCATE WATER HEATER Move existing water heater to first floor utility room. Cap off unused venting and plumbing in basement. Ensure proper connections and installation to meet code. Locate in northeast corner of room. $ HEATING• INSTALL NATURAL GAS FORCED AIR FURNACE IN NEW UTILITY ROOM Remove existing furnace from basement and haul away. Cap off all unused gas and flue connections in basement. Determine heat loss per regulations. Install appropriately sized, high efficiency, -2- i induced draft, recuperative natural gas forced air furnace with a minimum AFUE of 83 %. Raise new furnace from floor with legs or pad at least 3 ". Install furnace to manufacturer's specifications including all necessary fittings, gas connections, electrical hookup, orsat test, and fresh air intake. Install new set -back thermostat. Specify below. Replace flue and specify whether side wall vent or petal chimney liner. Provide all necessary sheet metal work. Include new duct work to run in basement. Locate in northeast corner of first floor utility room next to water heater. $ ELECTRIC SERVICE Move the electric service panel and meter to first floor utility room. $ Provide three ceiling hung porcelain fixtures with pull chain in basement. Remove all other electrical wiring in basement. $ Provide electrical hook -ups for laundry on west wall of first floor utility room. $ FINISHING AND PAINTING Frame walls to enclose water heater and furnace. Sheetrock, tape and sand three coats. Provide wood bi -fold access doors. $ Close up south door to utility room.. Prepare wall on both sides to smooth finish. $ Prepare and paint existing and new walls on utility room. Prime and paint with high quality interior grade latex. Include both sides of wall where south door was closed off. Paint entire hall wall surface to match existing hall color as closely as possible. -3- SCOPE OF WORK 7300 First Avenue SCOPE OF WORK: This work will include all labor, material, equipment, and services required to rehabilitate the above property. All work shall conform to all applicable codes, ordinances, technical specifications, and manufacturer's specifications. Work to be done on the property, a single family dwelling, is as follows. EXTERIOR: Regrade around perimeter of house to ensure soil is a minimum of 6" below siding. Provide new sod to regraded areas. S BASEMENT: FIREPLACE Block up basement fireplace with brick and appropriate mortar mix. $ Remove wood shoring from underneath first floor fireplace hearth. Clean mold from subfloor using bleach solution or disinfectant. $ WINDOWS Remove and haul away glass block from northwest and north basement windows. Furnish and install two standard hopper style basement windows. $ INSTALL CONCRETE FLOOR Excavate area approximately 23' x 12' for new concrete floor. Haul away debris. Provide at least 4" thick compacted sand /gravel base course and approved moisture barrier. Form and pour 4" thick 2000 pound PSI concrete floor slab with 6 x 6 x 10 gauge wire mesh reinforcement embedded in concrete. Slope new floor toward floor drain. Trowel, broom, and finish new concrete. $ -1- INSTALL DRAIN TILE SUMP PIT AND SUMP PUMP Install drain tile, sump pit and sump pump. Install drain tile system in basement. Install new submersible cast -iron sump pump. Pump /installation to include: sealed motor with mechanical control; remote control switching mechanism; and wiring by others. S , VENTILATION: Vent kitchen exhaust fan to exterior. $ Disconnect former basement bathroom fan and plug exterior opening. $ RELOCATE UTILITIES TO FIRST FLOOR: Convert north bedroom located off kitchen, to a utility room by completing the following: PLUMBING• Remove and haul away all basement bathroom fixtures (toilet and sink) Cap off all plumbing to bathroom area. $ Provide plumbing hook -ups for laundry on west wall of first floor utility room. $ Cap off all unused gas and water lines in basement laundry area. $ INSTALL LAUNDRY TUB IN NEW UTILITY ROOM Install new single compartment molded copolymer type laundry tub on west wall of first floor utility room. New tub to includes new drain waste /vent piping.with P trap and all necessary fittings. Hot and cold water supply piping` connections. Tub faucets Washer hose bibs. $ RELOCATE WATER HEATER Move existing water heater to first floor utility room. Cap off unused venting and plumbing in basement. Ensure proper connections and installation to meet code. Locate in northeast corner of room. - $ HEATING• INSTALL NATURAL GAS FORCED AIR FURNACE IN NEW UTILITY ROOM Remove existing furnace from basement and haul away. Cap off all unused gas and flue connections in basement. Determine heat loss per regulations. Install appropriately sized, high efficiency, -2- induced draft, recuperative natural gas forced air furnace with a minimum AFUE of 83 %. Raise new furnace from floor with legs or pad at least 3 Install furnace to manufacturer's specifications including all necessary fittings, gas connections, electrical hookup, orsat test, and fresh air intake. Install new set -back thermostat. Specify below. Replace flue and specify whether side wall vent or metal chimney liner. Provide all necessary sheet metal work. Include new duct work to run in basement. Locate in northeast corner of first floor utility room next to water heater. $ ELECTRIC SERVICE Move the electric service panel and meter to first floor utility room. $ Provide three ceiling hung porcelain fixtures with pull chain in basement. Remove all other electrical wiring in basement. $ Provide electrical hook -ups for laundry on west wall of first floor utility room. $ FINISHING AND PAINTING Frame walls to enclose water heater and furnace. Sheetrock, tape and sand three coats. Provide wood bi -fold access doors. $ Close up south door to utility room. Prepare wall on both sides to smooth finish. $ Prepare and paint existing and new walls on utility room. Prime and paint with high quality interior grade latex. Include both sides of wall where south door was closed off. Paint entire hall wall surface to match existing hall color as closely as possible. -3- SCOPE OF WORK Osage Builders 5737 -37th Ave. South 7300 First Avenue Mpls. Mn. 55417 Contact Person: Cathy Jones, Richfield HRA 861 -9778 SCOPE OF WORK: This work will include all labor, material, equipment, and services required to rehabilitate the above property. All work shall conform to all applicable codes, ordinances, technical specifications, and manufacturer's specifications. Work.to be done on the property, a single family dwelling, is as follows. EXTERIOR• Regrade around perimeter of house to ensure soil is a minimum of 6" below siding. Provide new sod to regarded areas. $ 1624. BASEMENT: FIREPLACE Block up basement fireplace with brick and appropriate mortar mix. $ 80. Remove wood shoring from underneath first floor fireplace hearth. $ 80. Clean mold from subfloor using bleach solution or disinfectent. Basement floor: ? $ WINDOWS 150. Remove and haul away glass block from Northwest and north basement windows. Furnish and install two standard hopper style basement windows. $ 890_ Benada Vinyl Units. INSTALL CONCRETE FLOOR Excavate area approximately 23' x 12' for new concrete floor. Haul away debris. Provide at least 4" thick compacted sand /gravel base course and approved moisture barrier. Form and pour 4" thick 2000 pound PSI concrete floor slab with 6'x 6 x 10 gauge wire mesh reinforcement embedded in concrete. Slope new floor toward floor drain. Trowel, broom, and finish new concrete. $ 850. Page one.... Osage Builders INSTALL DRAIN TILE SUMP PIT AND SUMP PUMP Install drain tile, sump pit and sump pump. Install drain tile system in basement. Install new submersible cast -iron sump pump. Pump /installation to include: sealed motor with mechanical control; remote control switching mechanism; and wiring by others. _ $ 2860. VENTILATION• Vent kitchen exhaust fan to exterior. $ 215. Disconnect former basement bathroom fan and plug exterior opening. S 150. RELOCATE UTILITIES TO FIRST FLOOR: Convert north bedroom located off kitchen, to a utility room by completing the following: PLUMBING• Remove and haul away all basement bathroom fixtures (toilet and sink). Cap off all plumbing to bathroom area. $ 205. Provide plumbing hook -ups for laundry on west wall of first floor utility room. S 1250. Cap off all unused gas and water lines in basement laundry area. S 80. INSTALL LAUNDRY TUB ON WEST WALL Install new single compartment molded copolymer type laundry tub on west wall of first floor utility room. New tub to include: new drain waste /vent piping with P trap and all necessary fittings. Hot and cold water supply piping connections. Tub faucets Washer hose bibs. $ 425. RELOCATE WATER HEATER Move existing water heater to first floor utility room. Cap off unused venting and plumbing in basement. Ensure proper connections and installation to meet code. Locate in northeast corner of room. $ ar%n_ HEATING INSTALL NATURAL GAS FORCED AIR FURNACE IN NEW UTILITY ROOM Remove existing furnace from basement and haul away. Cap off all unused gas and flue connections in basement. Determine heat loss per regulations. Install appropriately sized, high efficiency, Page two.... Osage Builders induced draft, recuperative natural gas forced air furnace with a minimum AFUE of 83 %. Raise new furnace from floor with legs or pad at least 311. Install furnace to manufacturer's specifications including all necessary fittings, gas connections, electrical hookup, orsat test, and fresh air intake. Install new set -back thermostat. Specify below. Replace flue and specify whether side wall vent or metal chimney liner. Provide -all necessary sheet metal work. Include new duct work to sun in basement. Locate in northeast corner of first floor utility room next to water heater. S 3150. ELECTRIC SERVICE Move the electric service panel and meter to first floor utility room. $ 1400. Provide electrical hook -ups for laundry on west wall of first floor utility room. $ 170, FINISHING AND PAINTING Frame walls to enclose water heater and furnace. Sheetrock, tape and sand three coats. Provide wood bi -fold access doors. Close up south door to utility room. Prepare wall on both sides to smooth finish. $ 46n_ Prepare and paint existing and new walls on utility room. Prime and paint with high quality interior grade latex. Include both sides of wall where south door was closed off. Paint entire hall wall surface to match existing hall color as closely as possible. $ 7ac;_ TOTAL $ 17,104.00 [Rehab]Scope- 730OFirst Respectfully subm' ed, c�S XtA , Brian W. Larson 5737 -37th Ave. South ,Mills. Mn. 55417 - (612) 727 -2577 Mpls. License #3868 Page three... SCOPE OF WORK 7300 First Avenue Contact Person: Cathy Jones, Richfield HRA 861 -9778 FOMEC- ^El ItiC. 814.4 Lyndale Avenue SO. 55420 SCOPE OF WORK • 6:oomington, h.N (612) SW187 This work will include all labor, material, equipment, and services required to rehabilitate the above property. All work shall conform to all applicable codes, ordinances, technical specifications, and manufacturer's specifications. Work to be done on the property, a single family dwelling, is as follows. EXTERIOR• Regrade around perimeter of house to ensure soil is a minimum of 6" below siding. Provide new sod to regarded area$. /30 BASEMENT: FIREPLACE Block up basement fireplace with brick and appropriate mortar mix. $ 390 = Remove wood shoring from underneath first floor fireplace hearth. s 30 Clean mold from subfloor using bleach solution or disinfectent. $ /c} e) -- WINDOWS Remove and haul away glass block from Northwest and north basement windows. Furnish and install two standard hopper stzle basement windows. $ 39 Q — INSTALL CONCRETE FLOOR Excavate area approximately 23' x 12' for new concrete floor. Haul away debris. Provide at least 4" thick compacted sand /gravel base course and approved moisture barrier. Form and pour 4" thick 2000 pound PSI concrete floor slab with 6 x 6 x 10 gauge wire mesh reinforcement embedded in concrete. Slope new floor toward floor drain.- Trowel, broom, and finish new cc concrete. $ 19 3 INSTALL DRAIN TILE SUMP PIT AND SUMP PUMP install drain tile, sump pit and sump pump. Install drain tile system in basement. Install new submersible cast -iron sump pump. Pump /installation to include:" sealed motor with mechanical control; remote control switching mechanism; and wiring by others. $ VENTILATION• r Vent kitchen exhaust fan to exterior. Disconnect former basement bathroom fan and plug exterior a, opening • S _" RELOCATE UTILITIES TO FIRST FLOOR: Convert north bedroom located off kitchen, to.a utility room by completing the following: PLUMBING• • Remove and haul away all basement bathroom fixtures (toilet and sink). Cap off all plumbing to bathroom area. $ of to = Provide plumbing hook -ups for laundry on west wall of first floor utility room. $ 9S'n —•- Cap off all unused gas and water lines in basement laundry area. INSTALL LAUNDRY TUB ON WEST WALL Install new single compartment molded copolymer type laundry tub on west wall of first floor utility room. New tub to include: new drain waste /vent piping with P trap and all necessary fittings. Hot and cold water supply piping connections. Tub faucets Washer hose bibs. RELOCATE WATER HEATER Move existing water heater to first floor utility room. Cap off unused venting and plumbing in basement. Ensure proper connections and installation to meet code. Locate in northeast corner of room. $ HEATING: INSTALL NATURAL GAS FORCED AIR FURNACE IN NEW UTILITY ROOM Remove existing furnace from basement and haul away. Cap off all unused gas and flue connections in basement. Determine heat loss per regulations. Install appropriately sized, high efficiency, HOMECARE, VIC. 9141 Lyndale So. Bloomington, WN 65420 (612) 884-4187 induced draft, recuperative natural gas forced air furnace with a minimum AFUE of 83 %. Raise new furnace from floor with legs or pad at least 3 ". Install furnace to manufacturer's specifications including all necessary fittings, gas connections, electrical hookup, orsat test, and fresh air intake. Install new set -back thermostat. Specify below. Replace flue and specify whether side wall vent or metal chimney liner. Provide all necessary sheet metal work. Include new duct work to run in basement. Locate in northeast corner of first floor utility doom next to water heater. ELECTRIC SERVICE Move the electric service panel and meter to first floor utility room. $ 900 = Provide electrical hook -ups for laundry on T west wall of first floor utility room. $ 9p FINISHING AND PAINTING Frame walls to enclose water heater and furnace. Sheetrock, tape and sand three coats. Provide wood bi -fold access doors. $ / a o 0 Close up south door to utility room. Prepare wall on'both sides to smooth finish. $ o 0 Prepare and paint existing and new walls on utility room. Prime and paint with high quality interior grade latex.. Include both sides of wall where south door was closed off. Paint entire hall wall surface to match existing hall color as closely as possible. $ if 70 — TOTAL $ 14,947.00 [Rehab]Scope- 73OOFirst W'14ECARE, INT. 9141 L -dale Avenue S^ - Bloor;,;, +c •,n, MN 55/" 1 6 2 864-4187 854-4187 PURCHASE BID FORM AND FLOOD KNOWLEDGE ACKNOWLEDGMENT 7300 FIRSTAVENUE SOUTH RICHFIELD, MINNESOTA 55423 I of (Address) (City) (State) (Zip Code) and (telephone number) have been notified and advised of the bid for the residential property located at 7300 First Avenue South, Richfield, MN (the "Property "). I have inspected the Property and have been informed on several occasions that the residence has been subject to serious flooding in the past and I know that it may flood again. So informed, I do hereby submit a bid to purchase the Property for $ on this day of , 1991. Enclosed herewith as earnest money toward the purchase of the Property is a cashier's check in the amount of $500.00. Signature of Bidder SAMPLE Purchase Agreement Richfield, Minnesota 19 RECEIVED OF (the "Buyer ") the sum of Five Hundred and No /100 Dollars ($500.00) by cashier's check as earnest money to be deposited the next business day after acceptance in a non - interest bearing account of The City of Richfield, Minnesota (the "Seller ") (unless otherwise specified in writing) and in part payment for the purchase of the premises legally described as: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota. located at 7300 First Avenue South, City of Richfield, County of Hennepin, State of Minnesota, (the "Property ") including all plants, shrubs and trees, all storm windows and /or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse- drapery- rods, attached lighting fixtures with bulbs, plumbing fixtures, water heater, heating system, BUILT -INS to include: hood -fan and installed carpeting, located on the premises which are the property of Seller, all of which property Seller has this day sold to Buyer for the sum of: $ Dollars, which Buyer agrees to pay in the following manner: Earnest money of $500.00 and $ cash on or before , 19 the date of closing. Attached are three (3) addendums which are made a part of this agreement, which are described as: - Addendum A - Contingencies, Covenants, and Representations; - Addendum B - Agreement Between the City of Richfield and Buyer; and - Addendum C - Well Disclosure Statement. This Purchase Agreement is contingent upon the contingencies, covenants, and restrictions described in Addendum A and execution by the Buyer of an Agreement in the form attached hereto as Addendum B. SUBJECT TO performance by Buyer, Seller agrees to execute and deliver a Quit Claim Deed conveying marketable title to the premises subject only to the following exceptions: (1) Building and zoning laws, ordinances, State and Federal regulations. (2) Restrictions relating to use or improvement of the premises without effective forfeiture provision. (3) Reservation of any minerals or mineral rights to the State of Minnesota. (4) Utility and drainage easements which do not interfere with -1- SAMPLE present improvements. (5) The.contingencies, covenants, and representations contained in Addendum A. (6) The agreement between the City of Richfield and the Buyer contained in Addendum B. REAL ESTATE TAXES Seller shall pay real estate taxes and special assessments from date of 'closing. Seller makes no representation concerning the amount of future real estate taxes. WARRANTIES Seller warrants that buildings are entirely within . the boundary lines of the premises. Buyer has right to inspect premises prior to closing. Seller warrants that to the best of its knowledge the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous wastes or substances or asbestos products whatsoever during the period of time Seller has owned the Property; and Seller further warrants that Seller has no knowledge or information of any fact whatsoever which would indicate the site was used for toxic or hazardous waste production, storage, deposit or disposal prior to the date Seller purchased the Property. Seller warrants that Seller has not engaged in the business of generating, transporting, storing, treating or disposing of a hazardous substance on or at the Property nor has Seller knowingly permitted any person to make use of the Property for waste disposal or for disposal of a hazardous substance; nor does Seller know that a toxic or hazardous substance or asbestos _products were located in or on the Property at the time Seller acquired Seller's right, title and interest in the Property. POSSESSION Seller agrees to deliver possession not later than , 19 (date of closing). All interest, city water and sewer charges, electricity and natural gas charges shall be prorated between the parties as of date of closing. Seller agrees to remove all debris and all personal property not included herein from the premises before possession date. TITLE & EXAMINATION Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 10 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed 120 days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. -2- SAMPLE DEFAULT If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate this agreement, and on such termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement, and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of Minn. Stat. 559.21. AGENCY DISCLOSURE Each party warrants to the other that it is not represented by any real estate agent or broker in connection with this transaction. Seller and Buyer agree to indemnify and hold the other party harmless from all claims, demands, actions and judgements for fees, commissions or other compensation of any broker or agent in connection with this transaction, unless such broker or agent was specifically employed by the other party hereunder. The Seller of the premises accepts this agreement and the sale hereby made. THE CITY OF RICHFIELD, MINNESOTA BY 0 V Mayor � P BY City Manager The Buyer agrees to purchase the premises for the price and on the terms and conditions set forth above. f BY BY Delivery of all papers and monies shall be made at the office of: City of Richfield Community Development Department 6700 Portland Avenue South Richfield, MN 5423 THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. -3- ADDENDUMA CONTINGENCIES, COVENANTS, AND RESTRICTIONS Buyer's Agreement to Take "As Is" with Knowledge of Prior Flooding. The Buyer represents to the Seller that the Buyer knows, has examined, and has investigated to the full satisfaction of the Buyer the physical nature and condition of the land, the improvements thereon, and the fixtures and appurtenances annexed thereto, and the personal property agreed to be transferred to the Buyer hereunder. The Buyer further represents to the Seller that the Buyer has been informed and knows that water has seriously flooded the Property and the basement and first floor of the dwelling thereon from time to time, which flooding has been caused by both surface water runoff and hydrostatic pressure, and that flooding from such causes, may occur in the future and may cause damage to the Property and /or dwelling. The Buyer further represents that neither the Seller nor any agent, attorney, employee, or representative of the Seller has made.any representation whatsoever regarding the subject matter of this sale, or any part thereof, including (without limiting the generality of the foregoing) representations as to the physical nature or condition of the premises or the personal property transferred to the Buyer hereunder except as expressly set forth in this agreement; and that the Buyer, in executing, delivering, and /or performing this agreement, does not rely on any statement and /or information to whomsoever made or given, directly or indirectly, orally or in writing, by any individual, firm or corporation. The Buyer agrees to take said premises and the property to be transferred to the Buyer hereunder "as is ", as of the date hereof, without any warranties, express or implied, except as specifically set forth herein; and without any obligation on the part of the Seller to make improvements. Buyer's Covenant to Release and Indemnify Seller for Water Damage. The Buyer as Grantee, his /her heirs, successors and assigns, by accepting conveyance of the Property, promise and covenant to release and hold harmless the Seller as grantor, its successors and assigns, from liability for any damages or injuries of any nature arising or resulting from or associated with flooding or backup of water on the Property or improvements thereon, without regard to the cause or source of such flooding or water backup. Addendum A - I Survival of Representations and Covenants The representations and covenants of the Buyer set forth in this agreement shall be continuing and shall be true and correct as of the Closing Date with the same force and effect as if made at that time, and all of such representations and covenants shall survive the Closing and shall not be affected by any investigation, verification, or approval by any party hereto or by anyone on behalf of any party hereto. Addendum A 2 SAMPLE ADDENDUMB _===== sasassasaasaaa= asssaasaaass = = = = == == sssss =____-- _==== ssaaaa AGREEMENT BETWEEN THE CITY OF RICHFIELD; MINNESOTA AND s s s s a a a a a a a s s s s s s s s s a a a a= s s a a s a a s s s s a s a a a s s s s s s c a s c c s= s s s s s s s s= THIS INSTRUMENT DRAFTED BY: HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, Minnesota 55402 (612)337 -9300 SAMPLE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Richfield, a municipal corporation under the laws of the state of Minnesota (Seller) and (Buyer). WITNESSETH• WHEREAS, Seller is the fee owner of certain property located at 7300 First Avenue South, which is legally described as: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota according to the plat thereof on file in Hennepin County (Property); and WHEREAS, the Property has previously been subject to periodic flooding; and WHEREAS, it is necessary that certain repairs and other work be performed on the Property in order to minimize water damage to the Property from future flooding; and WHEREAS, the Seller is willing to sell and the Buyer is willing to buy the Property on the condition that the repairs be accomplished and under the other terms and conditions described herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties, the Seller and the Buyer hereby represent and agree as follows: 1. The Seller is the fee owner of the Property and will sell the Property to the Buyer by.quit claim deed in the form attached hereto as Exhibit A. The Buyer will pay the Seller $ for the Property in cash at closing. Closing will take place at the office of the Seller on or such other date as may be agreed to by the parties in writing. 2. The Buyer agrees to undertake and complete the repairs and improvements to the Property specified on Exhibit B attached hereto (Improvements). The Improvements shall be completed no later than . Notwithstanding the time set forth hereof for completion of the Improvements, Buyer will at all times exert its best efforts to minimize the outside storage of equipment and material and the routine removing and disposing of debris located on the Property. Nothing herein shall relieve the'Buyer or the Buyer's agents from the need to obtain a building permit or such other permit as may be required by the Richfield Addendum B - I SAMPLE building official in order to accomplish the Improvements. The Seller agrees to cooperate with the Buyer regarding the issuance of-such permits but nothing herein shall be construed to limit in any way the reasonable and legitimate exercise of the Seller's discretion in considering the issuance of any such permit. 3. The Buyer agrees to commence work on the Improvements immediately upon closing and diligently pursue the work thereafter. Upon completion of the Improvements, the Buyer will notify the Seller. The Seller will inspect the Property and the Improvements and, if satisfied that the Improvements have been adequately completed, will issue to the Buyer a Certificate of Completion in the form attached hereto as Exhibit C. If the Seller deems the Improvements not to have been adequately completed, the Seller will provide the Buyer with a statement indicating in what respects the Buyer has failed to complete the Improvements. In any event, the Buyer agrees to complete the Improvements to the satisfaction of the Seller no later than 4. In the event that, subsequent to the closing, the Buyer fails to complete the Improvements to the satisfaction of the Seller by the above date, transfers or assigns the Property or places or allows to be placed against the Property any lien, except the lien of a purchase money mortgage and the lien of such encumbrance as is necessary to pay for the Improvements, then, in such event, the Seller shall have the right, upon 30 days written notice to the Buyer and Buyer's failure to cure within such period of time, to re -enter and take possession of the Property and to terminate and revest in the Seller the interest of the Buyer in the Property; provided,, however, that such revestiture of title shall be subject to the lien of,any prior encumbrance permitted under this Agreement. Upon issuance by the Seller of a Certificate of Completion, the Seller's right to revest in itself the title to the Property shall terminate. '5. Any notice, demand or other communication under this Agreement by either party shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the Seller: City of Richfield Community Development Department 6700 Portland Avenue Richfield, MN 55423 Addendum B - 2 SAMPLE (b) As to the Buyer: 6. None of the provisions of this Agreement is intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 7. In the event of any default by a party under this Agreement, which default is later waived by the other party, such waiver shall be limited to the particular default and shall not be deemed to waive any other concurrent, previous or subsequent default. 8. This Agreement shall be interpreted under the laws of the state of Minnesota and.may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. THE CITY OF RICHFIELD By: Its Mayor M p By: S A Its City Manager PURCHASERS: By: Q �• By: S STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of J, 19_, by Martin J. Kirsch and James D. Prosser, the Mayor and City Manager, respectively, of the City of Richfield, Minnesota, a municipal corporation on behalf of the city. L E Notary Public Addendum B - 3 SAMPLE STATE OF MINNESOTA ) )ssP COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19_, by and (marital status) . L E S A M P Notary Public Addendum B 4 ,.— ...1 -" , wnca iaiu wanairr eMcreu; venu)cate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 EXHIBITA County Auditor i by Deputy STATE DEED TAX DUE HEREON: $ Date: FOR VALUABLE CONSIDERATION, SAMPLE X19 —I (reserved for recording data) ,& municipal corporation under the laws of 4 Minnesota Grantor, hereby conveys and quitclaims to , Grantee (s), real property in Hennepin County, Minnesota, described as follows: The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota, and having the street address of 7300 First Avenue South, Richfield, i Minnesota. (I( more 90000 is needed, continue on 000*) together with all hereditaments and appurtenances belonging thereto. (Continued 'on back.) Affix 1)PC•d Ta,, Stamp }Irrr i, SPATE OF MINNESOTA l ss. f COUNTY OF THE CITY OF RICHFIELD, MINNESOTA By Its Mayor_ S A By Its City Manager The foregoing was acknowledged before me this day of by and the and of , a under the laws of , on behalf of the NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) S A I j SIONATURE OF PERSON TAKINO ACKNOWLEDGMENT 1 Tax atataasate ter %h6 na) ln7 Y item b" to iNa Iugn�eat a►otdd be seat to paNede aatee am addnw a .O+mue): i I TNffi INSTRUMENT W AS' DRAPTED 1Y (NAME AND ADDRESS): i I The City of Richfield i Community Development Department 6700 Portland Avenue South j i Richfield, MN 55423 ; I i i This Deed is subject to the restrictions, easements or covenants of record and subject to the following additional covenant: grantee accepts the Property described herein with the knowledge that water has seriously flooded the Property and the basement and first floor of the dwelling thereon from time to time, which flooding has been caused by both surface water run -off and hydrostatic pressure, and that flooding from such causes, or any other causes, may occur in the future and may cause damage to the Property and /or dwelling. Grantee, his /her heirs, successors and assigns, by accepting conveyance of the Property, promise and covenant to release and hold harmless the Grantor, its successors and assigns, from liability for any damages or injury of any nature arising or resulting from or associated with flooding or backup of water on the property or improvements thereon, without regard to the cause or source of such flooding or water backup. This covenant is hereby expressly made an essential part of this instrument and shall be and remain an obligation with respect to the Property and shall run with the land and shall be binding on the parties herein designated, their successors, heirs and assigns. This deed is also subject to the Grantor's right of reverter as provided for in that certain Agreement between Grantor and Grantee herein, dated , filed in the office of the County Recorder, Hennepin County, Minnesota, as Document No. EXHIBIT B SCOPE OF WORK 7300 First Avenue SCOPE OF WORK: SAMPLE This work will include all labor, material, equipment, and services required to rehabilitate the above property. All work shall conform to all applicable codes, ordinances, technical specifications, and manufacturer's specifications. Work to be done on the property, a single family dwelling, is as follows. EXTERIOR: Regrade around perimeter of house to ensure soil is a minimum of 6" below siding. Provide new sod to regraded areas. BASEMENT: FIREPLACE Block up basement fireplace with brick and appropriate mortar mix. $ Remove wood shoring from underneath first floor fireplace hearth. Clean mold from subfloor using bleach solution or disinfectant. $ WINDOWS Remove and haul away glass block from northwest and north basement windows. Furnish and install two standard hopper style basement windows. $ INSTALL CONCRETE FLOOR Excavate area approximately 23' x 12' for new concrete floor. Haul away debris. Provide at least 4" thick compacted sand /gravel base course and approved moisture barrier. Form and pour 4" thick 2000 pound PSI concrete floor slab with 6 x 6 x 10 gauge wire mesh reinforcement embedded in concrete. Slope new floor toward floor drain. Trowel, broom, and finish new concrete. $ mm SAMPLE INSTALL DRAIN TILE SUMP PIT AND SUMP PUMP Install drain tile, sump pit and sump pump. Install drain tile system in basement. Install new submersible cast -iron sump pump. Pump /installation to include: sealed motor with mechanical control; remote control switching mechanism; and wiring by others. VENTILATION: Vent kitchen exhaust fan to exterior. $ Disconnect former basement bathroom fan and plug exterior opening. $ RELOCATE UTILITIES TO FIRST FLOOR: Convert north bedroom located off kitchen, to a utility room by completing the following: PLUMBING• Remove and haul away all basement bathroom fixtures (toilet and sink). Cap off all plumbing to bathroom area. $ Provide plumbing hook -ups for laundry on west wall of first floor utility room. $ Cap off all unused gas and water lines in basement laundry area. .$ _ — INSTALL LAUNDRY TUB IN NEW UTILITY ROOM Install new single compartment molded copolymer type laundry tub on west wall of first floor utility room. New tub to include new drain waste /vent piping with P trap and all necessary fittings. Hot and cold water supply piping connections. Tub faucets Washer hose bibs. $ RELOCATE WATER HEATER Move existing water heater to first floor utility room. Cap off unused venting and plumbing in basement. Ensure proper connections and installation to meet code. Locate in northeast corner of room. $ HEATING: INSTALL NATURAL GAS FORCED AIR FURNACE IN NEW UTILITY ROOM Remove existing furnace from basement and haul away. Cap off all unused gas and flue connections in basement. Determine heat loss per regulations. Install appropriately sized, high efficiency, B -2 SAMPLE induced draft, recuperative natural gas forced air furnace with a minimum AFUE of 83 %. Raise new furnace from floor with legs or pad at least 311. Install furnace to manufacturer's specifications including all necessary fittings, gas connections, electrical hookup, orsat test, and fresh air intake. Install new set -back thermostat. Specify below. Replace flue and specify whether side wall vent or metal chimney liner. Provide all necessary sheet metal work. Include new duct work to run in basement. Locate in northeast corner of first floor utility room next to water heater. $ ELECTRIC SERVICE Move the electric service panel and meter to first floor utility room. $ Provide three ceiling hung porcelain fixtures with pull chain in basement. Remove all other electrical wiring in basement. $ Provide electrical hook -ups for laundry on west wall of first floor utility room. $ FINISHING AND PAINTING Frame walls to enclose water heater and furnace. Sheetrock, tape and sand three coats. Provide wood bi -fold access doors. $ Close up south door to utility room. Prepare wall on both sides to smooth finish. $ Prepare and paint existing and new walls on utility room. Prime and paint with high quality interior grade latex. Include both sides of wall where south door was closed off. Paint entire hall wall surface to match existing hall color as closely as possible. WE SAMPLE EXHIBIT C FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that (Buyer) has fully and completely complied with its obligation under Paragraph of that document entitled "Agreement Between the City of Richfield and Buyer," (Agreement) dated with respect to construction of the Improvements required under the Agreement and is released and forever discharged from its obligations to construct the Improvements under such above - referenced Paragraph. DATED: By City Manager ADDENDUM C WELL DISCLOSURE STATEMENT SAMPLE AMfone No. 1519-W mwme uwoi wwse.vMItuna MINNESOTA WELL DISCLOSURE STATEMENT Minnesota Law requires that before signing an agreement to sell or transfer real property after June 30, 1990, the seller must disclose information in writing to the buyer about the status and location of all lmown wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map abowing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use. not in use or sealed. A seller who fails to disclose the ezistence of a well at the time of sale and knew of, or had reason to know of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the rail property where the well is located. Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street address; 7300 First Avenue South Richfield Hennepin o ■, v.v 2. LEGAL DESCRIPTION See attached. 9. WELL DISCLOSURE STATEMENT (Check the appropriate boz.) ❑ The seller certifies that the seller does not know of any walls on the above described real property. If this option is checked, then akip to the last line and sign and date this statement. M The seller certifies that the following wells are located on the above described real property. MN. Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Wen I A rip ox. 1955 Domestic r] Well 2 D O ❑ Well 3 ❑ ❑ 4. SEALED WELL INFORMATION For each weU designated as sealed above, complete this section. When was the well asaled? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No b. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. mob.f 600 a Addendum C - i &.V Dow INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT DEFINITION A "well" means an excavation that is drilled, cored, bored, wasbed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. MINNESOTA UNIQUE WELL NUMBER All new wells constructed AFTER January 1. 1975 should have been assigned a Minnesota unique well number by the person constructing the well If the well was constructed after this date you should have the unique well number in your property records. If you are unable to locate your unique well number and the well was constructed AFTER January 2, 2975. contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well WELL TYPE Use one of the following terms to describe the well type. WATER WELL A water well is any type of well used to extract groundwater for private or public use. Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. IRRIGATION WELL An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system MONITORING WELL A monitoring well is a well used to monitor groundwater contamination. The well is typically used to access groundwater for the extraction of samples. DEWATERING WELL A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. INDUSTRIAIJCOMMERCIAL WELL An industriallcommercial well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps and heat loops). WELL USE STATUS Indicate the use status of each well. CHECK ONLY I BOX PER WELL IN USE A well is "in use" if the well is producing sufficient water to meet its intended use and is being operated on a regular basis. NOT IN USE A well is "not in use" if the well is inoperable and not in use or the well is disconnected from a power supply and is not sealed. HEALED A well is "sealed "if the well has been sealed by a licensed contractor and there is a Sealed Well Report on rile at the Minnesota Department of Health. A properly sealed well has been sealed by a licensed contractor by pumping grout throughout the entire borehole from the bottom of the well NOTE: If a well is inoperable and not in use or disconnected from a power source, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. If a well is operable and properly maintained, a maintenance permit is not required. Addendum C - 2 SAMPLE Legal Description 7300 First Avenue South Richfield, Minnesota 55423' The North 105 feet front and rear of the East 150.48 feet of the West 1/2 of the West 1/2 of the North 10 acres of the South 20 acres of the Southwest 1/4 of the Northeast 1/4 of Section 34, Township 28, Range 24, lying West of the West line of First Avenue South as shown on the Plat of "Stevens Green 2nd Addition," Hennepin County, Minnesota, and having the street address of 7300 First Avenue South, Richfield, Minnesota. Addendum C - 3 MAP SAMPLE Please use the apace below to sketch the real property being sold and the location of EACH well On the property. Include distances from fired reference points such as streets and buildings. T •' L M• r� •��.��an;�ield CIVIL ENGINEERS AND, SURV1 .? '1 `C ,,.h," ✓�. ..:.,4,�,,. . ••. a....•f., ire.. 44; ., .. p, Car. FOURTH ST .k:: - - iHiOENLL BLDG.�j F •r►IARQUEYTE AVE.- ' -R�CHi PHONE: FILMORE 4401 n MINNiAVOLIS, MINN. aritli !d & Ncwc3c: ERTIFICATE OF SURVEY- i r, For tc- I.1 -Well ' p 6 i 0 40 i We hereb} certify that tr.1s is a true and correct plat of a survey of: The. North 10 feet, front and rear, of the,East 154.48 feet of the k'est � of the •r:est i of te.e ^fort:: IC a ^rec of the South 20 acres of n:e �Zoutf- west ; of the Northeast s of - ecticn 34, To"Inship 2S, Renge 2L' , ac:^+r!1n_ to the United States Zurvey thereof. 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It's a good idea to determine the amount of mortgage The formulas below provide estimates. But, a for which you qualify before having expensive pre- construction conference with your lender early in blueprints drawn or paying for appraisals. What you the planning process may result in a more accurate qualify for depends largely on your income. analysis. A. Payment Qualifier Formula Ywinfo =don bmike 1. What is your gross monthly income? $2750.00 2 Multiply it by 29% x 29% x 29% 3. Result is your maximum allowable monthly housing expense. (PITT) (A) 797.50 4. Enter your gross monthly income (same as line 1) 2750.00 5. Multiply it by 41 % x 41% x41% 6. Result is your maximum allowable monthly obligations. This represents your PITI house payment, plus long -term obligations (including revolving charge account payments, bank loans, car loans, childcare expenses, etc.). 1127.50 7. Enter your actual long -term monthly payment obligations. 343.00 8. Subtract line 7 from line 6. (B) 784.50 9. Compare the amounts on line 3(A) and line 8 (B). Enter the smaller of the two. You "qualify" for a monthly payment of this amount. 784.50 10. Enter your projected monthly taxes and insurance expenses. (1/12 of annual real estate tax and 1/12 of annual hazard insurance premium). 92.50 Example assumes monthly insurance at $23.00 and taxes 11. Subtract line 10 from line 9. This is your allowable principal and at $69 50 interest expense. 692.00 12. Determine your mortgage's projected interest rate with your lender. Add 1/2% to the projected interest rate for FHA mortgage insurance premium, and locate the monthly payment factor for the combined rate in the Monthly Payment Factor Table on the back of this page. For instance, if the projected interest rate is 10 %, use the payment factor for 10.5 %. Enter the appropriate payment factor from the Monthly Payment Factor Table. 9.15 Assuming 10% interest rate 13. Divide line 11 by line 12. 75.63 14. Multiply line 13 by $1,000. This is your maximum mortgage amount. (C) 75,630.00 B. Mortgage Qualifier Formula 1. Enter purchase price of home or payoff of current mortgage. 57,900.00 2. Enter estimated costs of remodeling. 14,000.00 3. Multiply line 2 by 15 %. x 15% x 15 % 4. The result is your estimated Contingency Reserve Fund amount. 2,100.00 5. Enter Mortgage Payment Reserve amount, if any. If building a Mortgage Payment Reserve into your loan, multiply the lesser of your current rent or the amount shown on line 9 of the Payment Qualifier Formula times the number of months you will be maintaining both households. (Maximum of six months). 750.00 Assume two months rent at $375/mo. 6. Add lines 1, 2, 4, and 5. This is your total mortgage amount. (D) ' 74,750.00 Now compare the results from the Payment Remember, these formulas will give you only Qualifier and the Mortgage Qualifier. Line 6 from the general estimates. Check with your lender before Mortgage formula (D) should be less than or equal to. signing contracts or spending money. , the amont of line 14 from the Payment formula (C). If it isn't, you may have to adjust your plans. Monthly Payment Factors for $ 1000 loan for 30 y ears bates dl& 9.0% 9.5% 10.0% 10.5% 11.0% 11.5% 12.0% 12.5 % 13.0% 13.5% hda 8.05 8.41 8.78 9.15 9.53 9.91 10.29 10.68 11.07 11.46 El MINNESOTA HOUSING FINANCE AGENCY L Equal Housing Opportur&y !A X001 .1;nneenM Ym.cinn Gn�nro Annnry - 6 65- CITY OF RICHFIELD, MINNESOTA Council Letter No. 261 Agenda October 14, 1991 Issue Statement: Council consideration for a special approval on location of a ground sign for Oak Grove Lutheran Church. Background: In 1988, the City Council revised the sign ordinance that limits where signs can be located, as well as certain other restrictions. The ordinance also allows the Council to approve signs of unusual height or location. The Oak Grove Lutheran Church has applied for a permit for a sign which, unless approved by the Council, would not comply with the ordinance. Specifically, they wish to erect a ground sign that is set back 6' from the street right -of -way. City ordinance would permit a ground sign if located 10' from any street right -of -way. Section 416.03, Subd. 6, allows the Council to grant special approval in this case. Recommended Motion: Approve the application for a sign (as submitted to Public Safety) to Oak Grove Lutheran Church. Basis of Recommendation: Staff has reviewed this request and finds it would not be a detriment to the neighborhood. It would also not provide any sight problems. Signs of this nature are allowed for churches, schools and park buildings if they are set back 10' from the property line. This sign would be set back 6' from.the property line. Alternative Recommendation: 1. Not approve the variance. This would require them to construct a sign 10' from street right -of -way. Decision /Discussion Mode: Grant special approval for Oak Grove Lutheran Church as submitted to Public Safety. Respect ully submitted, Ja D. Prosser City Manager JDP:cak �� �akrove Lutherant Church A. i x fi Wr 74t'and+'tldale `Avenue ,South, Nis; Minnesota" 554236f2�Sfi9 4917 r T' "t '�Y'.#:.. '�i- #. t' .'s sr .uwF ,iE .�" �' '�i`�' t 3 -rc'Fr 7 'iz :�- `ro •cam t..»y#3 't - e 4 - T' F�F �..xk s - - � r � r" pgpga h u `a at '� Rai r- . 5,.X: Ig M J ,a "OWN! ,.rty i ;„ tew 3siminated Oak rov��umarig r- t xe' m� a c ax d s r�c�a fir,, � s=-� t a r ta, ??- `1, s mn:�v4a° g uaa g spa �Dak rctve h is hereb�egu�esg pesitm�f i R� chr top * - ew4f. l umiaa ad sa.grr to fee � �s t e d o� � � the iii :w��k al Q„ da�.o„�Avenue asiry �. Idated one than r ec r ii ...a v -S' yam# 5 "3 xY• Tip' i"3 vE s3 Y ch �0f th �'j#� a g � anm a -,,.;a 1�.'g"__ bg �h w� tY � a x .-� �, >t r - �.?� a � i',ue e4 �;i ,.-, K `�iwa- i^�. � •�F 'F'}�s �"'�^` " k� The sign Committee has selected th -sm, "ocatsoiv far twos re s ns : yav + x n r ,:s>r ns.. .fix. J'>`g 1 _ ... z� a : .� xC fi r� „�'vS`# thstxeet#aoizath nothnd�aSiuth boilndt 'xa " �.,�, .,,� ,.a.¢ `�"';y�� "i�a✓ '.. - Y.. ?" ��'�'� �� �+rB' "� �- ���Li�s - ���- � Tt r '* �r . r ..�• '�- ��_,.". �. �, .� a � _ � � �h�xas�,t�th��. $ �' ne�'•�� � -e�eas �' x�"'�`�` la.��5,. ge e�a3ihe.rmaten— fpootsgr met awld pce S� tF�e�" -.r, � w � i��a .: t.. �`t- i�`+.� ,�.-• ate, s.: sx � � s a e.��om°� they; sa.s�ewallc�.�,�rWe area re�ueat�n.g 'pexmi�si�on.- to � ,, •lt�x:.,th n` ten .feet from the szdexaalk, a four food varancefor �a elf effu1�a5on5' 1.'a,.�,.t+ s f € he on teen. foot setback from si- ----- sY�Zne wi1Z placs the4 sa�gn �� �°� �l�t t%e building, - czeang an tin a,; Iook from Lgndale Y ZiYe fourteen tzs etback wii placa °the sign behind the boulevard r`yd sacroden�poor��risdfia la t3*�nr L3rndaleAvex�ue -- - ����,�'� � ��� '��the prime�reasx�n for'�her church sign = t L �,� � �,• �� ��� �.� �"��'<rs�w� w� � ��The� sa.gn�,wi].1 not :interfere with Lyndale avenue; trzffc be�suse � y _ it= .�Ll�.be °set.,back of ahe, tree;hne. _' _ Then D a l t < G r o v e Lutheran "Church Sign.._Gommittee - is _ xPquesting the City of Richfield ounciY' to ag va,. this variance their approval :Respectfully. submitted, - a ne a aert ... C g1ommLttee gXhajxman t o m z i 5 S 0 G � 1 Qo c t 1� .t i k y j's o LLI� �v 1 1 LLI A7 I ,I ', .� . ��Ju! O LK2-45 P 6F7- CITY OF RICHFIELD, MINNESOTA Council Letter No.260 Agenda October 14, 1991 Issue Statement: Purchase in excess of $5,000 for trees at the Rich Acres Golf Course. 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. Rich Acres Golf Course needs a variety of trees for placement on the Golf Course. Some trees will be planted to fill in for dead trees; others will improve the appearance and playability of the golf courses. The following unit Price quotes were submitted: Estimated Species (prices are per tree) Shade Tree Quantity and Size Wetzel Bachman's Wilson Acres Seven Norway (10 -141) $260 $450 - $360 Seven Scotch (10-141) 280 - - 360 Five Black Hills Spruce (10 -141) 360 600 $420 420 Five Colorado Spruce (10 -141) 405 - 420 420 Seven Marshall Ash (5 -6" dia.) 395 637.50 425 400 Seven Summit Ash (5 -6" dia.) 410 637.50 425 400 Totals: $13,240 $15,075.50 $10,150 $14,840 The bid from Wetzel includes the number and variety of trees desired. The bid from Wilson,_ while lower, does not include two of the desired species. Recommendation: Approve the purchase of 38 trees, spade moved and guaranteed for one year, from Wetzel Tree Moving in the amount of $13,240. Basis of Recommendation: 1. Rich Acres lost some trees this season which should be replaced. Adding trees is part of the overall Capital Improvement Plan for the facility. �r- I 2. The quality of the trees from Wetzel is of a high standard. 3. There are sufficient funds available in the Golf Course Enterprise Fund to cover this purchase. Alternative Recommendation: 1. The Council could choose not to purchase trees at this time. 2. The Council could select another supplier, although the others are more expensive. 3. The Council could direct staff to obtain additional quotes although staff feels these prices are the best available at this time. Discussion /Decision Mode: This item is scheduled for the October 14, 1991 regular City Council meeting. Staff is asking for approval at this time so that the trees can be planted this fall. Respectfully submitted, f Jam s�,D. Prosser City „ Manager JDP :ds. CITY OF RICHFIELD, MINNESOTA Council Letter No. 259 Agenda October 14, 1991 Issue Statement: Repair of a hydraulic cylinder in excess of $5,000. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The hydraulic cylinders on the sludge press at the Water Plant exert pressure on the press plates to hold the plate stack closed during the press cycle. One of the existing cylinders is pitted from water and needs replacing or rebuilding. The Plant is currently operating with one press. Three vendors were contacted for quotations for this work. JWI Equipment offered a quote for a new cylinder and rod, and the other two vendors submitted quotes to rebuild the existing cylinder and rod. The quotes are as follows: JWI Equipment, Inc. $14,365 (New cylinder & rod) Cylinder City $11,495 (Rebuild cylinder & rod) M & M Hydraulic Company $8,700 (Rebuild cylinder & rod) Recommended Motion: Approve a purchase order to M & M Hydraulic Company in the amount of $8,700 to rebuild the existing cylinder and rod on the sludge press. Basis for Recommendation: 1. The existing cylinder is pitted and badly in need of repair. 2. M & M Hydraulic Company submitted the low quote for the work. 3. The approved 1991 Water Maintenance budget contains monies for this repair. Alternative Recommendation: 1. Deny approval of the purchase order for this work. Do not do the work at this time. 2. Approve a purchase order with another vendor. Discussion /Decision Mode: Staff is requesting approval at the October 14, 1991 Council meeting in order to facilitate repair of the cylinder. Resp of idly submitted, Jame'. Prosser JDP:ds Citynager CITY OF RICHFIELD, MINNESOTA Council Letter No. 258 Agenda October 14, 1991 Issue Statement: Award of contract for the widening of north -bound Nicollet Avenue bus turn -out. Background Prior to the Hub West redevelopment, an MTC bus route utilized vacated Pillsbury Avenue from 66th Street to 65th Street. The purpose of the Pillsbury route was to permit Nicollet south -bound buses to turn around and become Nicollet north - bound. Pillsbury was a short distance from Nicollet permitting maximum economy for turn around and it also afforded a location for a bus to park for short periods before becoming north - bound. All of this was accomplished within a non - residential area. The use of that route by the MTC was terminated with the construction of Hub West. As a result of discussions with MTC, an alternative was identified. The north -bound Nicollet Avenue bus turn -out in the northeast corner of the intersection of 66th and Nicollet would be widened to accommodate two buses. A south -bound bus would turn right onto 65th Street, turn south onto Lyndale Avenue, east onto 66th Street and north onto Nicollet Avenue. With the widened turn -out area, if necessary, a bus would be able to park for a few minutes before beginning its return trip north. Other buses could continue to use the turn -out at the same time. Attached is a drawing which indicates the nature of the widening. Again, all these movements can be accomplished in a non - residential area. Recommended Motion: Approve the award of a contract to Progressive Contractors Inca to construct a widened north -bound bus turn -out. Basis of Recommendation: 1. This is part of the Hub West redevelopment. 2. An alternative to the use of Pillsbury Avenue is needed. 3. This solution meets the needs of the MTC and the City and includes use of a non - residential area. 4. Funds are available in CP705, the LHN public improvement program. 5. Two quotes were received; (see attachments). Progressive Contractors Inc. $10,614 Concrete Design $14,890 6D -i Alternative Recommendation: 1. Reject the proposal. 2. Redirect staff Discussion /Decision Mode: Approval on October 14 will permit the project to proceed this year. RespeJDrosser submitted, James City JDP:ds VZO: (I ell Vs E iftl Lv�v ,ll mo z a' aft-w's"MME III ,git-15221 1111aw- NNW— tll rll� f ►jsli� Joe ,urrrrrrr 14 F - -- 'As, r/ 10 Ills own 1211 001 12% L1111111111 IV12,151-!§111, M M 'rii m/' ra wall- 11121 Ills* 000 it 0 � f rrrr/ Pape No. of Pages PROPOSAL 68- i P a r 1 A 1, T 6 1 N a Ph, 612 - 699 -1345 1 166 Homer St., St. Paul, Minnesota 55116 PROPOSAL SUBMITTED TO PHONE DATE CITY OF RICHFIELD 9/1/91 STAEET JOB NAME MTC Bus Stop Extension CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for. Concrete will be inches thick reinforced with 6 x 6, 10 x 10 wire mesh and #3 re -bar dowelled into abuTfing foundation point if necessary. 1) Removals: asphalt, concrete & traffic control $ 2,500.00 ' 2) Details: A)' 41 sidewalk - 565 SF B) Light post C) B6 Curb 37 LF D) Integral 812 Curb E) Tat concrete $12,390.00 TOTAL ..... $14,890.00 * Prices does not include permit fees or performance bond. * No license or permit fees are included in pricing. FINAL BILLING WILL BE BASED ON THE ACTUAL AMOUNT INSTALLED AT THE UNIT PRICE QUOTED ABOVE UNLESS OTHERWISE INDICATED, PROPOSER WILL FILE LIENS AND BOND CLAIMS WITHIN THE PRESCRIBED PERIODS FOR ITS OWN PRO-11 Er TION, AN ADDITIONAL CHARGE WILL 99 MADE FOR THE COST, INCLUDING IN, TEREST AND ATTWRNEY'S FEES, OF ALL COLLECTION EXPENSES INCURRED BY PROPOSER WHETHER BASED ON A LIEN, BOND CLAIM OR OTHER PROCEDURE, IN- TEREST WILL BE CHAAGED ON UNPAID BALANCES AT A RATE OF 1:646 PER MONTH PAYMENT TERMS; c IMPORTANT NOTICE: - -- All work instcilod under this contract is guarantcdd to remain free from dulucis due 10 faulty workmanship or materials for a perlod of one year from lite data of in. stallation. This warranty does not include random connate Cracks causert by Wound movement. The finished surface and/or calnr may reflect vsrlablus wit oil are inherent In the methods, materials or creative skills of thv Installers. Color or Autliorizbd texture samples as well so project photographs are intended only to deirvnnstrutu S14111e1rlre t0cal appearances and cannot be construed to be exact duplicates for an anlir4 Note: This proposal may be 101, All work performed under this proposal shall conform to acceptahla Starr wilihlrawn by ua if not ad- } Is established by the manufacturer's of materials we use or die industry in ueptad within days, ..,Lich we work, Acceptance of Proposal - The above prices, specifications and condittons are sotisfactory and are hereby accepted. You we authorized to do the work as specified. Payment will be made as outlined above, Date of Ar,Ceptnnoe; - - - -- —�. -� ^, „` SKJnatirre OCT— 1-91 TUE 9:10 PCI FAX NO, 6124245605 P101 PROGRESSIVE CONTRACTORS INCORPORATED rm 8736 Zachary Lane • P.O. Box 407 @ Osseo, MN 55369 #Telephone: (612) 42$-4515 Fax: (612) 424 -5605 WE FOLLOWING IS A QUOTE IOR ME C71T OF RICHFIELD; RID DESCRIPTION QUANTITY UiM PRICE E',�'TAYSION � 17 ,B 1.00 L5 I $2, 000.00 11 $2, 000.00 I I )TRAFFIC MYTROL 1.00 OILS I $500.00 I $500.00 Of 1 I SAWCZJT EVE' B12 CURB 51.00 ILP' $15.00 I $765.00 ; I IREMVE 4" ROMANITR CONCRETE WALK �' 540.00 ,'SF / $0.85 I $459.00 I i I A7N8TRUC1' 4" (7NC WALK 564- 00' /SF ; 0.75 I $`1.551.00 "1 I FOUR SQUAB` STTE'LL LIGHTIVST ,' 1.00 ,'L,9 ,' $2, 500.00 i $2, 500.00 / ; CURB ,' 37.00 I LF I $15.00 ; $555.00 ; ' INTEGRAL 812 M)W 72.00 I LF ,' $15.00 0, $1, 080.00 1),' 17" MNCR&l'Is' 34.40 I SY ,' $,75.00 .$1, .204.00 I i 1t1'C BUS STOP TOTAL I � I .$'10} 814.00 I i CITY OF RICHFIELD WILL MOVE SOD, TREK, MOCATls AANDHOLFs AND RBLOCATE IRRIGATION PI-Pt. P►CI WILL MArSTPUCI' LIGHTING FOUNDATION, CITY WILL ,h,(M LIGHT AND PROVIDE HMMARE FOR )iIMMON. PWARM BY BILL PRIFSBR OMBE'R 1, J9991 6e-, CITY OF RICHFIELD, MINNESOTA Council Letter No. 257 Agenda October 14, 1991 Issue Statement: Award contract for maintenance of the City's Unisys computer system. Background: An ongoing cost of owning any computer system is the maintenance of the equipment. Careful maintenance by competent, trained staff is essential in keeping the equipment in continuous service and in proper working order. For the past three years the City has contracted with Financial Products Corporation (FPC) for the majority of this service. FPC was awarded the initial contract based on competitive bidding in 1987. The contract has since been renewed twice and currently expires on December 31, 1991. Small quantities of equipment are also maintained under contracts with MTI Office Systems, Decision Data and Peak Technologies. All of these contracts also expire on December 31. Because both the quantity and models of installed equipment have changed significantly since 1987, staff determined that rebidding this contract was appropriate at this time. A Request for Proposals was issued on August 19, 1991. Six vendors requested copies of the specifications. Three proposals were submitted by two vendors. The minutes of the bid opening are attached to this letter. The City's specifications covered all of the Unisys computer equipment and related peripherals. The service requirements included: • Unlimited on -site service with a four hour response time; • Vendor provided loaner equipment stored on -site; • Two preventive maintenance procedures annually (cleaning, lubricating, inspection and replacement of worn parts); • Unlimited telephone support for system software; and • An annual flat rate contract, renewable for two additional years. A review of the three proposals received follows. MTI Office Systems Proposal This proposal met all of the City's specifications. The bid amount is $37,204, a small portion of which is subcontracted to another vendor. MTI guarantees no increase in these prices for three years. MTI Office Systems Alternate Proposal This proposal is a unique plan offered by MTI. Under this proposal the City would pay a minimum fee up front. The City would then be billed for each service call on a time and materials basis until 100% of the contract has been paid. After this ceiling has been reached, all service calls would be at no additional charge. If the ceiling is not reached, the City will have saved money compared to MTI's flat rate contract. To analyze the cost of this alternative proposal, staff calculated the time and materials cost of the City's service calls for 1990 using the labor rates quoted in this proposal by MTI. We had no way of determining actual parts costs, so we estimated a conservative $50.00 per call for parts. This yielded a value of $28,000 for labor and parts for 1990. Two other factors effect the cost of this proposal. First, the bid price includes only one preventive maintenance (P.M.) procedure. A second P.M. is included as an option in the proposal. Because this is required in the City's specifications, the cost of the second P.M. has been figured into the bid price. Second, the maintenance of three printers is subcontracted to another vendor in this proposal. The fee for this subcontractor must be paid up front and covers all service calls for those three printers. The cost of this proposal as modified to meet specifications, is as follows: 40% up front payment $ 13,501.60 Additional P.M. $ 2,000.00 Subcontractor $_3,450.00 Total Minimum Payment $ 18,951.60 Labor Parts Telephone support Contract ceiling $90.00 /hour MTI cost + 30% $60 /hour $ 39,204.00 As noted above, staff estimates that time and materials costs at MTI's rates would have run $28,000 last year. In order to determine whether the City would fall below the ceiling in MTI's proposal, we added the $28,000 to the total minimum payment. This yielded a figure of $46,951.60 which exceeds the ceiling. Our conclusion, therefore, is that this proposal will cost the City the ceiling price of $39,204. FPC Proposal This proposal meets all of the City's specifications. There was one small mathematical error in the extended price for one item on the proposal. The resolution of this type of error was defined in the City's specifications and worked to the City's favor. The corrected amount of this proposal is $32,095. A FPC guarantees a 5% reduction in these prices for the second year of.the contract and a 10% reduction from the bid prices for the third year of the contract, should we choose to renew. Recommended Motion: That the attached resolution be approved granting a contract for the maintenance of the City's Unisys computer system to Financial Products Corporation, the low bidder. Basis for Recommendation: 1. FPC submitted the lowest bid. 2. The FPC proposal meets all of the City's specifications. 3. FPC has an excellent track record with the City. Over the past three years they have provided top quality service and have been cooperative and professional in their dealings with staff. 4. FPC will provide coverage for the entire system. This is highly desirable in that it precludes the City having to deal with disagreements between vendors as to the source of problems. Alternative Recommendations: 1. The Council could choose to award the contract to MTI for their alternate proposal which employs the ceiling concept. If the number of service calls in coming years is half of what it was last year, this would be the lowest cost alternative. If this alternative is the Council's preference, staff recommends that the City Attorney review the bid prior to the award of a contract. Staff is concerned that this proposal, because there is no way to specifically determine its total cost other than to use the ceiling amount, could not be accepted as the low bid. The ceiling amount of the MTI proposal is higher than the FPC proposal staff is recommending. 2. The Council could direct staff to explore a different type of maintenance agreement for the computer system which may be less costly. Other types of service plans include "depot" service, which involves shipping or carrying malfunctioning equipment to a service center for repair. Billing for this type of service would be on a,time and materials basis. Another option would be a combination of on -site service for critical equipment and depot service for non - critical equipment. � &- 3 Staff did not specify these types of service plans in the request for proposals because they will require a significant amount of staff time which is not currently available. In addition, we feel that there will be little or no cost savings to the City. Based on the $28,000 conservative estimate of time and materials costs for 1990, the $32,000 proposal of FPC is reasonable. The FPC proposal includes 2 preventive maintenance procedures which are not included in the $28,000 figure. We also fully expect that the number of service calls will rise as our equipment continues to age. If this alternative is the Council's preference, staff recommends that no contract be awarded at this time and that the bids be held until staff is able to report back to the Council. Discussion /Decision Mode: All of the contracts for the expire on December 31, 1991. place prior to that date to JDP:ds maintenance of this computer system New arrangements need to be in insure continued service. submitted, James Y Prosser City MbAager ("70- - Y RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR COMPUTER SYSTEM MAINTENANCE WHEREAS, pursuant to an advertisement for bids for the maintenance of the City's computer hardware, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Financial Products Corporation of Omaha, Nebraska is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the proposal dated September 12, 1991, of Financial Products Corporation for computer system maintenance is.hereby accepted for the services specified in the City's Request for Proposals dated August 19, 1991; 2. That the Mayor and City Manager are hereby authorized and directed to enter into a contract for the above mentioned computer system maintenance services with Financial Products Corporation of Omaha, Nebraska in the name of the City of Richfield for such services from January 1, 1992 through December 31, 1992, for an amount not to exceed $32,095.00; 3. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder shall be retained until a contract has been signed. Passed by the City Council of the City of Richfield, Minnesota this 14th day of October, 1991. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk l C ,-s CITY OF RICHFIELD, MINNESOTA Bid Opening September 16, 1991 10 :00 A.M. Computer System Maintenance 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 computer system maintenance, as advertised in the official newspaper on August 21, 1991. Present: Thomas Ferber, City Clerk Steve Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative Sally Morton, Data Processing Manager The following bids were submitted and read aloud: VENDOR BID SECURITY TOTAL MTI Office Systems, Inc. Certified $ 37,204.00 Bloomington, MN Check ALT 1: 37,204.00 Financial Products Corporation Certified $ 32,487.00 Omaha, Nebraska Check The City Clerk announced that the bids would be tabulated and considered at the October 14, 1991 City Council Meeting. Thomas P. Ferber City Clerk fp CITY OF RICHFIELD, MINNESOTA Council Letter No.256 Agenda October 14, 1991 Issue Statement: Council authorization to extend Contract No. A09689 with Hennepin County to allow continued access to the property information system. Background: Since September 19, 1978 Hennepin County and the City have had a contractual agreement which provides the City with access to the County's real estate tax information. From 1978 through October 1989, the City had access to the County's real estate data via a leased Hennepin County data terminal and printer. In November 1990, the City Council approved the purchase of the Hennepin County data terminal, software and printer when the County announced that it was getting out of the leasing business. After purchase of that equipment, the City entered into Contract No. A09689 with Hennepin County to provide continued access to the County data with the City's owned equipment. That contract has provided the City with a very economical way to access Hennepin County real estate data. The contract is not automatically renewable and must be renewed each year by the City and County. The City has now received information from Hennepin County announcing the fees for the contract year 1992 and is asking if the City is interested in renewing. The Council action here would be to take advantage of that renewal. Recommended Motion: Authorize the City Manager to extend Contract No. A09689 with Hennepin County for access to the property information system for the period beginning January 1, 1992 and ending December 31, 1992. Basis of Recommendation: 1. The current contract with Hennepin County expires as of December 31, 1991. 2. The contract is a necessary part of the City.of Richfield's ability to deliver property data to the public through the on -line connection to Hennepin County records. 3. The County has announced that inquiry fees will be charged at the rate of $.0222 per transaction, which is a very slight increase over the $.0221 charged in 1991. Based on the past year's transactions, this should mean an annual cost increase of less than $3.00. 4. The network support charge will be at $39 per month for the one workstation, which is a decrease of $9 per month from the previous year for an annual savings of $108.00. The telephone line charge will remain at $74.60 per month, subject to rate increases /decreases in phone line charges. � b,' 5. The contract with Hennepin County is a very economical way for the City to provide this data to the public. Alternative Recommendation: 1. The City could elect not to renew this contract with Hennepin County. However, if this contract is not renewed, the City would lose its on -line access to County property tax records, leaving the City's Assessing Division a very ineffective function. Discussion /Decision Mode: Action on this item needs to be taken sometime prior to the end of 1991. However, since City staff finds no problem with the arrangement proposed by Hennepin County, it is preferred that the agreement be signed and returned to Hennepin County as soon as possible. Respectf lly submitted, James D. Prosser City M ager JDP:ds RECEIVED SE" 3 0 1991 INFORM ATION SERVICES FT ADMINISTRATION (` c HENNEPIN A -015 Government Center LFUMinneapolis, Minnesota 55487 0005 September 26, 1991 City of Richfield Steve Devich, City Manager 6700 Portland Avenue Richfield, MN 55423 Dear Mr. Devich: Hennepin County intends to extend Contract No. A09689 through the year 1992. Attached is an updated Exhibit A which includes rates for 1992. The changes to Exhibit A include the file inquiry fee which will be charged at $.0222 per transaction in 1992 from $.0221 in 1991. The network support charge, in section III, will decrease from $48.00 per month in 1991 to $39.00 per workstation in 1992 and the phone line charge will be $74.60 but will be adjusted accordingly to new rate increases /decreases (section IV). These rates will go into effect as of January 1, 1992 and remain in effect through December 31, 1992. Please call my office at 348 -3234 if you have any questions. Sincerely, Cary M. Kamp Director, Information Services Department Q�P Please indicate below your intention to extend or not to extend this contract through the year 1992 and re rn this document to us. It is z is notFl our intention to extend this contract s ra o t ct through the year 1992. Signature cc: Jean Myers Date HENNEPIN COUNTY an equal opportunity employer &8-3 EXHIBIT A TO CONTRACT NO. A09689 City of Richfield 1992 I. COUNTY will provide inquiry -only access to the following information systems: Property Information System: Access to this system will permit viewing of current real estate tax information, including legal descriptions, valuations, special assessments and other public data retained in the Property Information Systems. II. Usage Charge A File Inquiry fee of $.0222 per transaction will be charged monthly for each inquiry to the system. III. Network Support Charge The USER will be charged $39.00 monthly for one workstation connected to Hennepin County's teleprocessing network. The USER will be charged an additional $39.00 monthly for each additional workstation connected to Hennepin County's teleprocessing network. IV. Telephone Line Charge The USER will be charged the monthly cost of the telephone line. The current charge is $74.60 but will be adjusted accordingly to new rate increases /decreases. Charges relating to the de- installation of telephone lines may be included in a monthly billing or included in a separate billing. September 1991 ra CITY OF RICHFIELD, MINNESOTA Council Letter No. 255 Agenda October 14, 1991 Issue Statement: Adoption of a resolution authorizing the submittal of preliminary Right -Of -Way Acquisition Loan Fund (RALF) application for the purchase of property at 7644 14th Avenue. Background: The City Council has approved the official map which calls for the upgrading of 77th Street between 135W and TH77. The upgrading will necessitate the purchase of property. At present, the timing of the construction of these improvements is uncertain; however, people who own and reside in these homes must continue to make decisions about their lives. In some instances, these people must sell their home; but the pending project makes it impossible to sell. Buyers do not want to purchase uncertainty. To meet this need, the Metropolitan Council has established the Right -Of -Way Acquisition Loan Fund (RALF). The fund is designed to permit cities to purchase owner- occupied dwellings when continued ownership of the property would be a hardship for the owner. The loan bears no interest. A loan would be equal to the value of the real estate, plus relocation benefits minus the salvage value of the houses. The City would pay back the loan when funding of the 77th Street project became available. The process for securing a loan is generally as follows: e After the owner of a property has listed their home for sale for a period of at least 90 days, a preliminary application is submitted to the Metropolitan Council. The attached resolution is part of the preliminary application. ® The Metropolitan'Council then reviews the preliminary application. e If the preliminary application is approved, negotiations for the purchase of the property may commence and a loan agreement with Metropolitan Council must be drafted. Staff has been working with the owner of the property at 7644 14th Avenue which appears to qualify for RALF. The property has been listed with a realtor. The 90 day listing period has ended. Potential purchasers looked at the property but when told of the pending street project, they lost interest. Recommended Motion: Adopt the attached resolution which authorizes staff to proceed with the filing of a preliminary RALF application. Basis of Recommendation: 1. The City Council has approved the official map for upgrading 77th Street. 2. The upgrading will require the purchase of the property. 3. The City has no funds currently available to purchase this property. 4. The Metropolitan Council operates RALF and has previously approved the purchase of five properties under the program and is now processing a sixth. Alternative Recommendation: 1. Refuse to authorize the application. 2. Delay action until a future date. Discussion /Decision Mode: While the RALF program provides assistance, it does not provide immediate relief. Staff has been working with this owner since May. It will likely require an additional four to five months to complete the process. Action to adopt the resolution on October 14 would facilitate the processing. Respectfully submitted, James Prosser City Manager JDP:ds �A - -2 RESOLUTION NO. RESOLUTION AUTHORIZING LOAN APPLICATION FOR ACQUISITION OF 77TH STREET RIGHT -OF -WAY; 7644 14TH AVENUE WHEREAS, the City of Richfield, has adopted an official map for improvements to 77th Street; and WHEREAS, the improvements to 77th Street necessitate the purchase of real estate including the property at 7644 14th Avenue; and WHEREAS, City funds are presently not available for purchase of real estate; and WHEREAS, the Metropolitan Council under Minnesota Statute 473.176, Subd. 2 a. administers the Right -Of -Way Acquisition Loan Fund (RALF) to acquire properties so situated with owners who are experiencing a hardship; and WHEREAS, the Metropolitan Council has indicated that RALF monies would be made available for the purchase of "hardship properties" along 77th Street; and WHEREAS, the owner of this property may qualify for purchase under the hardship provisions of RALF. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City Manger submit an application to the Metropolitan Council under the RALF program for purposes of initiating the process which may result in the acquisition of the property at 7644 14th Avenue. Adopted by the City Council of the City of Richfield, Minnesota this 14th day of October, 1991. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 254 Agenda October 14, 1991 Issue Statement: Presentation of a donation to the Friends of Wood Lake (F.O.W.L.) for the Wood Lake Nature Center by the Richfield Chamber of Commerce. Background: On June 30, 1991, the Richfield Chamber of Commerce sponsored "The Richfield Stakes" at Canterbury Downs race track. Individual races were sponsored by various Richfield Chamber Member businesses. A portion of the proceeds of the sponsorship were pre- designated to benefit the Wood Lake Foundation and Wood Lake Nature Center. Recommended Motion: Accept the $300.00 donation to the Friends of Wood Lake for the Wood Lake Nature Center from the Chamber of Commerce. Basis of Recommendation: The recently established F.O.W.L. Foundation encourages service organizations and individuals to assist in creating an endowment to benefit the Nature Center. Alternative Recommendation: Do not accept the donation. Discussion /Decision Mode: The Chamber of Commerce President the City for the Friends of Wood October 14 City Council meeting. JDP:ds will present the donation to Lake Nature Center at the Respectfully submitted, James ! .j /Prosser City M Uager CITY OF RICHFIELD, MINNESOTA Council Letter No.253 Agenda October 14, 1991 Issue Statement: Special City Council meeting to discuss City Manager evaluation and compensation determination. Background: Mayor Kirsch has scheduled a Special Council meeting at 6:00 p.m. on Monday, October 14, 1991, preceding the regular Council meeting. This special meeting is to discuss the City Manager's performance evaluation and compensation determination. Recommended Motion: Attend the Special Council meeting 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 special meeting has been scheduled for 6:00 p.m. Monday, October 14. A resolution relating to the compensation of the City Manager is placed on the regular Council agenda under Resolution. Respectfully submitted, CAK:ttf