3-26-90 agenda7oe
CITY OF RICHFIELD, MINNESOTA
Council Letter Number 90
Agenda March 26, 1990
• Issue Statement:
Appointment to the 1990 Board of Equalization (Board of Review).
Background:
City Charter provides that the Local Board of Equalization shall
consist of all of the City Council members and two Richfield
residents experienced in real estate matters. The purpose of the
Board is to hear appeals from the property owners concerning
their property taxes.
Mr. Emond, 6325 Russell Avenue, has indicated his willingness to
once again serve as a residential representative to the Board.
He has been an independent property appraiser for over 15 years
and has served on the Richfield Board of Review since 1983.. His
primary work involves conducting property appraisals for
financial institutions. He is also experienced in building
construction and held a real estate license. Mr. Emond has been
a Richfield resident for nearly thirty years and his previous
input on the Richfield Board of Equalization has been extremely
valuable as determinations and appeals presented by Richfield
citizens were considered.
The second Richfield resident under consideration for appointment
for the Board in 1990 is Cory Bultema, 6532 Oliver Avenue South,
Apt. 6. Mr. Bultema is an independent property appraiser and has
worked in that field for just over three years. He holds a
Bachelor's degree in Administration and a Master's degree in
Community and Regional Planning. He is also a member of the
American Institute of Real Estate Appraisers. Mr. Bultema's
specific experience from 1987 to present is heavily weighted in
the area of commercial and industrial types of appraisals. This
is in contrast to Mr. Emond who specializes in the area of
residential properties. Mr. Bultema has been a resident of
Richfield for just over two years.
It is recommended that the compensation for resident members be
set at $37.00 per session or $15.00 per hour per session,
whichever is greater. This rate represents no increase over the
current rate, which was set in 1988.
Recommended Motion:
Approve the attached resolution confirming the appointment of Mr.
Emond and Mr. Bultema to the 1990 Board of Equalization, at the
proposed level of compensation stated herein.
Basis of Recommendation:
1. Both Mr. Emond and Mr. Bultema are very knowledgeable and
experienced in the areas of real estate appraisals.
2. Mr. Emond has served on the Richfield Board of ;Equalization
• in the past and has done a very good job in that capacity.
3. Mr. Bultema has served on the Advisory Committee and shows
a strong interest in the community.
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4. It is required by City Charter that there be two resident
representatives on the Board of Equalization who are
knowledgeable in real estate matters.
Alternative Recommendations
1. The City Council could select other qualified individuals
as expert resident representatives of the Board of
Equalization, in place of either Mr. Emond or Mr. Bultema
or both.
Discussion/Decision Mode:
It is requested that the City Council set the appointment of Mr.
Emond and Mr. Bultema at the City Council meeting of March 26,
1990. The Board of Equalization will meet at 7:00 p.m. Monday,
April 30, 1990. The appointment at the City Council meeting of
March 26, 1990 ensures that the City staff has adequate time to
establish appointments to the Board.
Re lly submitted,
Ja s D. Prosser
Ci Manager
I*
JDP:ff
0
RESOLUTION NO.
A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF
TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION
BE IT RESOLVED, that the City Council of the City of
Richfield, Minnesota hereby approves the City Manager's
appointment of Mr. Lawrence Emond and Mr. Cory Bultema as 1990
resident members on the Board of Equalization as provided in
Chapter 7 of the City Charter.
BE IT FURTHER RESOLVED, that compensation for the two
resident members of the Board of Equalization be set at a minimum
of $37.00 per session of the Board, or $15.00 per hour per
session of the Board, whichever is greater.
Passed by the City Council this 26th day of March, 1990.
Steven J. Quam Mayor
ATTEST:
0 Thomas P. Ferber City Clerk
1'1
l_J
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 89
Agenda March 26, 1990
Issue Statement:
Request for the City Council to undertake a bond referendum of
$10.5 million for improvements to the city's park system.
Background:
The update •of the City's 1969 Master Park Plan was adopted by the
City Council in October of 1989. Funding for improvements to the
city's park and recreation system was discussed in public
meetings and with the Community Services Advisory Commission and
the Planning Commission. As a result of these discussions, it
was noted in the newly adopted Master Park Plan that parks and
recreation funding will have to be raised in the community since
most grants and the revenue sharing program are no longer funded.
The funding recommendation went on to say that in additional to
continuing a system of activity fees and charges, consideration
should be given to establishing bond funding to complete the
development of Veterans Memorial Park of Richfield, to complete
the upgrading and development of five neighborhood parks, to
construct a community activities building in Veterans Memorial
Park of Richfield and to develop a bike/hike mini parkway system.
A group of residents interested in the City's park system began
• to meet in January, 1990. The membership list for the group
continues to grow. A copy of the most recent membership list is
attached. This group of residents, now called the Citizens for a
Quality Community, requested and was provided with information
about the City's updated Master Park Plan, the City's financial
position and methods of obtaining statistical information about
resident perception of the local park system and interest, if
any, in improving the park system. It was pointed out to the
group that the City Council had authorized a resident survey to
be conducted in late February or early March of 1990.
The members of the City Council, other members of the Community
Services Commission and the Planning Commission were invited to
join the Citizens for a Quality Community at a meeting held on
March 15, 1990. At this meeting, Decision Resources, Ltd., a
nationwide polling firm located in Minneapolis and retained by
the City of Richfield to conduct the resident survey, shared the
results of the random sample survey about the potential need for
recreational improvements.
Following a discussion of the survey results, members of the
Citizens for a Quality Community unanimously agreed to recommend
to the City Council that the City Council undertake 'a referendum
of $10.5 million for improvements to the City's park system.
Members of the group will be in attendance to answer any
• questions the Council may have related to the referendum request.
IS Recommended Motion:
Authorize a referendum in early June of 1990 to ask the Richfield
residents if the City of Richfield shall be authorized to issue
general obligation bonds in an amount not to exceed $10,500,000
for the development and completion of the City's park and
recreation system including neighborhood parks and Veterans
Memorial Park of Richfield.
Basis of Recommendation:
1. The Master Park Plan adopted in October, 1989 recommended
that additional and alternate funding sources be considered
for the City's park and recreation system.
2. A growing group of citizens, known as Citizens for a
Quality Community, have expressed interest in the City's
park and recreation system, with particular interest in
pursuing a bond to finance the expeditious development and
completion of the system.
3. It is noteworthy that an unusually strong number of
residents feel a high quality city park and recreation
system increases the value of homes and would support City
action to place a high priority on completing the Veterans
Memorial Park of Richfield complex, improving existing
neighborhood parks and expanding, primarily in terms of
parking, the Richfield Senior Citizens Center.
4. The City auditor indicates that a $10.5 million general
obligation bond could be supported without adverse effect
on the City's financial picture.
Alternative Recommendation:
1. Do not authorize a referendum at this time for improvements
to the city's park and recreation system.
2. Authorize a referendum at another time of the year.
3. Authorize a referendum at a level higher than proposed.
4. Authorize a referendum at a level lower than proposed.
Discussion/Decision Mode:
This item is on the March 26, 1990 City Council agenda. If the
referendum is to be held in early June of 1990, wording for the
ballot must be determined by mid to late April.
Re ec ly submitted,
Ja . Prosser
Ci Manager
. JDP/sdr
Attachment
. CITIZENS FOR A QUALITY COMMUNITY
Parks Committee Members
Don Anderson
Howard Bunce
LeRoy Burkemper
Patty Burkemper
Dave Buzicky
Bill Davis
Emily Day
Francie Fletcher
Lois Flynn
Ann Garland
John Hamilton
Shirley Hokanson, Co-Chair
Patty Hughes
Rebecca Jaggers
Robert Jensen
Richard Krier
Dave Lamberger
Lowell Larson
Mark Morrison
Connie Murray
Lynn Radunz
• Suzanne Sandahl
George Seltz
Roger Stern, Co-Chair
Gertrude Ulrich
February, 1990
C7
MAR 23 190 10:19 HOLMES & GRAVEN P.3
Extract of Minutes of Meeting
• of the City Council of the City of
Richfield, Minnesota
Pursuant to due call and notice theisoof, a regular meeting of the City
Council of the City of Richfield, Minnesota, was held at the City Hall in said City
on March 26, 1990, commencing at p.m.
The following members were present:
and the following were absent:
s**
The following resolution was presented by Couneilmember
who moved its adoption:
RESOLUTION NO.
RESOLU'T'ION DETERMINING THE NECESSITY FOR THE
ISSUANCE OF GENERAL OBLIGATION BONDS AND
• CALLING A SPECIAL ELECTION THEREON
BE IT RESOLVED by the City Council of the City of Richfield, Minnesota
(City) as follows:
1. The City Council hereby finds and determines:
(a) That it is in the best interests of the health, welfare, and
safety of the City and its residents that the City acquire, construct,
improve and equip park facilities, including without limitation completion of
development of Veterans Memorial Park of Richfield, completion of
upgrading and development of five neighborhood parks, construction of a
community activities building in Veterans Memorial Park of Richfield,
development of a bike/hike mini parkway system, and expansion, primarily
in terms of parking, of the Richfield Senior Citizens Center (Project); and
(b) That the City is authorized by the provisions of Minnesota
Statutes, Chapter 475 (Act) to issue its obligations to finance the Project in
whole or in part and to pledge its full faith, credit and taxing powers to the
payment of such obligations;
(c) That it is necessary and expedient to the sound financial
management of the affairs of the City that the Project be financed in whole
or in part by the issuance and sale of the City's general obligation bonds
pursuant to the Act in an amount presently estimated not to exceed
$10,500,000; and
0
MAR 23 190 10:1e HOLMES & GRAVEN
P. 4j?
(d) That the City Council has approvedthe use of electronic
• voting machines by the affirmative vote of two-thirds of the members and
has complied with the 60-day notice and six`. week demonstration
requirements of Minnesota Statutes, Section 206.5$, 'Subdlvfsion 1, and has
adopted special rules and instruction; for use of the electronic voting
machines which have been approved by1he Secretary of`State; and
(e) That the City Clerk has certified to the',, Secretary of State
that an electronic voting system will be used in the City and the date of
commencement of the use thereof.
2. The proposition for the issuance of the bonds will be submitted to the
voters of the. City at a special election to be held on June 5, 1290. The election
will be held and conducted in accordance with the laws of the State of Minnesota
relating to special municipal elections and the City's home rule charter.
3. The City Clerk is directed to cause a notice of election and sample
ballot in substantially the form attached hereto as Exhibit A to 'be posted and
published as required by law as follows:.
(a) The notice of election will be published once in the official
newspaper of the City at least two weeks prior to the election;
(b) The notice of election and a sample ballot will be posted at
each of the polling places at least ten days prior to the election;
• (e) The notice of election, and a sample ballot will be posted in the
office of the City Clerk lobby at leant four days prior to the election; and
(d) The sample ballot will be published in the official newspaper
at least one week prior to the election.
4. The polling places, hours of election and the respective judges for the
election will be those established by the City for special elections. The polls will
be open from 7:00 a.m. until 8:00 p.m.
S. The City Clerk is authorized and directed to prepare separate ballots,
ballot strips, or ballot booklets for the elections for use in conjunction with the
electronic voting system, on blue paper with black ink pursuant to the requirements
of Minnesota Statutes, Section 206.61. The City Clerk will provide each polling
place with at least two sample ballots which are facsimiles of the ballot strip or
ballot booklet. Such samples must contain illustrated instructions for their use
along with the electronic voting system or illustrated instructions will be posted
adjacent to each sample ballot.
6. The City Council shall meet in the City Ball on June _ 7 p 19909 at
- p.m., C.T. to canvass the results of the election and to declare the results
thereof.
•
2
•
90 10:19 HOLMES & GRAVEN
The motion for the adoption of the foregoing resolution was duly seconded
by Member and upon vote being taken thereon, the following
voted in favor thereof:
4
I*
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
P.5 /
•
MAR 22 190 10:19 HOLMES & GRAVEN P.6
EXHIBIT A
• NOTICE OF SPECIAL, ELECTION
CITY OF RICHFIELD, MINNESOTA
NOTICE IS HEREBY GIVEN that a special election will be held in and for
the City of Richfield, Mlnnesota, on the 5th day of June, 1990, at which the
following proposition will be submitted to the voters of the City for their approval
or rejection;
Shall the City of Richfield issue its general obligation bonds in a principal
amount of $10,500,000 to finance the acquisition, equipping and betterment
of park and recreational facilities in the City of Richfield?
YES
NO (_?}
The polling places for said election are as follows:
Precinct No. 1A Mt. Calvary Education Building
Ward 3 6541 16th Avenue
Precinct No. 2A St. Peter's Catholic Church
Ward 2 6720 Nicollet Avenue
•
Precinct No. 3A Sheridan Hills School
Ward 1 6400 Sheridan Avenue
Precinct No. 4A St. Richard's Catholic Church
Ward 1 7540 Penn Avenue
Precinct No. 58 Richfield Junior High School
Ward 1 7461 Oliver Avenue
Precinct No. 6B Central School WIding
Ward 2 7145 Harriet Avenue
Precinct No. 7A Hope Presbyterian Education Facility
Ward 2 7201 4th Avenue
Precinct No. 8A Richfield Intermediate School
Ward 3 7020 12th Avenue
Precinct No. 9A Centennial School
Ward 3 7315 Bloomington Avenue
The polls for said election will be open at 7:00 a.m. and will remain open
until closing at 8:00 p.m.
n
4
MAR 23 '90 10:20 HOLMES & GRAVEN P.7
Any qualified registered voter of the City is entitled to vote at said
election, and any resident of the City not previously registered as a voter may
register on election day.
BY OltDER OF THE CITY COUNCIL
BY
City Clerk
Dated: , 19
5
CITY OF RICHFIELD, MINNESOTA
• Council Letter No. 88
Agenda March 26, 1990
Issue Statement:
Public hearing on the Urban Hennepin County Year XVI Community
Development Block Grant Allocation.
Background:
The City Council is scheduled to conduct a public hearing on
March 26, 1990 to determine Richfield's use of the Year XVI Urban
Hennepin County Community Development Block Grant Allocation of
$164,488. Requests for $167,336 of Year XV funds have been
submitted.
Information concerning Hennepin County's CDBG program objectives,
the project funding requests and the rationale for providing the
funds is attached. There is a 4.3% decrease in total funds
allocated in Year XVI from last year.
Nationally, the CDBG program was reduced resulting in an overall
reduction to Hennepin County's allocation by 2.6 percent.
Richfield's allocation was reduced by the 2.6% figure and an
additional 1.7% based on a reduction of population shown in HUD's
1988 estimates. The result isa $7,421 reduction to Richfield.
The two public service agencies were informed of this reduction.
However, as shown both GMDCA and H.O.M.E. have requested amounts
• equivalent to last year's allocation. Counties have a limitation
that allocations to public service programs cannot exceed 15% of
the total county allocation. As shown in the table below - last
year the % of total GMDCA (11%) allocation and H.O.M.E. (8$)
exceeded this 15% figure on a local level by 4%. Therefore it is
recommended that Richfield maintain the same % of total level of
funding for Year XVI as was in XV. The brunt of the reduction in
funding requests is being born by the HRA. That is,,no funding
is being requested for commercial redevelopment activities this
year. Available funds should be directed to the residential
rehabilitation loan program and scattered site.
The chart below summarizes Year XVI allocation as compared to
Year XV funding.
Year XV Year XVI Year XVI
Funded Requested Recomm-
Activity Amount Fundinu ended
Child Day Care 20,000 20,000 18,093
H.O.M.E. 14,100 14,100 13,159
Commerical Rehab/
Revolving Loan 10,000 0 0
Rehab of Private 62,809 68,236 68,236
Property (and 312
Rehab Loan Program)
Scattered Site
Housing 65,000 65,000 65,000
171,909 167,336 164,488
Recommended Motion:
. Approve the allocation of Year XVI
1. Housing Improvement:
a. Housing Rehabilitation
b. Scattered Site
2. Public Service:
a. H.O.M.E.
b. Child Day Care
TOTAL
I•
CDBG funds as follows:
$68,236
$65,000
$13,159
$18,093
$164,488
Basis of Recommendation:
1. The County's statement of objectives indicates that
communities should limit the number of projects funded to
three and that the minimum project budget be $7,500.
2. Housing Improvement funding would be allocated for housing
rehabilitation, and scattered site acquisitions under the
New Home Program. The $65,000 allocated for scattered site
is the minimum required to complete a site project through
the Vo-Tech program. The $68,236 would be used for
rehabilitation of single family homes through the Deferred
Loan Program.
3. Public service funding would be allocated for the H.O.M.E.
program to serve approximately 177 households. The child
day care subsidy would be used to serve approximately
15 families - a total of 21 children, as was
also the case in 1989. The two programs are combined
into one project entitled public services.
4. Public Service accounts should be maintained at the same
% of total level of funding as last year. This will allow
the County to stay within the 15% overall limitation of
public service funding.
Alternative Recommendation:
1. Change the amount of funds allocated to each project.
A public hearing on this matter has
1990. The deadline for submitting
Hennepin County is April 16, 1990.
2. Fund other eligible projects which have not been identified
by staff.
Discussion/Decision Mode:
JDP:sae
been scheduled for March 26,
the Year XV1 application to
Re fully submitted,
JaJsD. Prosser
Cinager
RESOLUTION NO.
RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVI
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND AUTHORIZING ITS SUBMITTAL
u
WHEREAS, the City of Richfield, through execution of a Joint
Cooperation Agreement with Hennepin County, is a cooperating unit
in the Urban Hennepin County Community Development Block Grant
Program; and
WHEREAS, the City of Richfield has developed a proposal for
the use of Urban Hennepin County CDBG funds made available to it,
following a public hearing on March 26, 1990 to obtain the views
of citizens on local and Urban Hennepin County housing and
community development needs and the City's following proposed use
of $164,488 from the Year XVI Urban Hennepin County Community
Development Block Grant.
Projects Budget
1. Housing Improvement:
a. Housing Rehabilitation $68,236
b. Scattered Site $65,000
2. Public Service:
a. H.O.M.E. $13,159
b. Child Day Care $18,093
TOTAL $164,488
BE IT RESOLVED that the City Council of Richfield, Minnesota
approves the proposed use of Year XVI Urban Hennepin,County
Community Development Block Grant funds and program related
income and authorizes submittal of the proposal to Hennepin
County for review by the Urban Hennepin County Citizens Advisory
Committee and for inclusion in the Year XVI Urban Hennepin County
Community Development Block Grant Program Statement of Objectives
and Projected Use of Funds.
Steven J. Quam, Mayor
ATTEST:
Thomas Ferber, City Clerk
RATIONALE FOR FUNDING SCATTERED SITE PROJECT
The New Home Scattered Site Program provides the following:
1. Clearance of substandard houses.
There are approximately 180 substandard garage and cottage
type houses scattered throughout Richfield. The full
$65,000 requested is sufficient to buy one property.
2. An affordable housing opportunity for first time home buyers.
Families with an average Richfield income of $30,000 cannot
afford the average Richfield home which sells for $81,700.
The New Home Program makes it possible for young families
with incomes of $27,000 to $33,000 to buy a home in
Richfield.
During the last 10 years this program has provided virtually
the only new affordable housing for young families.
3. Increased property tax revenue.
The annual net increase in tax revenue approximates $1,000
per property.
4. Permits the continuation of a unique relationship with
South Hennepin Vo-Tech
Vo-Tech desires to continue this program because it provides
a student training opportunity. Because of this training,
the labor costs on these houses are less than conventionally
constructed homes.
5. Compliments the Expanded New Home Program being formulated
by staff.
The CDBG Scattered Site Program provides affordable housing
for first time home buyers. The Expanded Program will
provide housing to the "move up" market.
The CDBG Scattered Site Program provides funds for tenant
relocation. The Expanded Program will have no funds for
relocation and thus will deal only with owner-occupied or
vacant dwellings.
RATIONALE FOR FUNDING REHABILITATION DEFERRED LOAN PROJECT
The Deferred Loan Program provides the following:
1. Virtually the only means for low income homeowners to fund
major improvements.
The average age of Richfield homes is 35 to 45 years. At
this age, major improvements are needed; furnace replacement,
electrical update, roof replacement, window and siding
update. Weatherization and handicapped accessibility
improvements are also funded by this program.
2. There are 21 homeowners currently waiting for assistance.
This application for $68,236 would fund approximately 11 of
those waiting homeowners.
There are an estimated 1,800 lower income homeowners who
need deferred loan assistance. The 21 homeowners currently
waiting do not yet reflect the requests usually received
in the spring.
3. Funds are needed for potential emergency situations.
In 1989, five emergency loans were provided for,furnace
replacement.
4. Deferred loans provide for household stability and
independent living.
Having deferred loans available to elderly homeowners often
makes it possible for them to continue to live independently.
The availability of deferred loans to families helps them
resolve seemingly impossible situations which threaten
their stability.
Serving Bloomington,
Eden Prairie, Richfield
and Edina
III iR1JIIICIFIII?
.Household & Outside Maintenance for Elderly
March 5, 1990
Judy Kunz
City of Richfield
6700 Portland Avenue S
Richfield, MN 55423
Gear Ms. Kunz:
This letter is a request by HOME for $14,100 of Year XVI CDBG funds from,
the City of Richfield. The allocation will be used to support maintenance
and chore services to 185 Richfield elderly and disabled households
between July 1, 1990 and June 30, 1991.
In 1989 HOME served 177 Richfield households with 3,444 hours of service.
Additional data collected from clients reflect the essential need for these
. services.
Age 72% over the age of 75 years
Income 43% with incomes under $10,000/year
Handicapped 50% have disabilities
Sex 76% are women living alone
HOME is aware that national CDBG funding appropriations may decrease in
Year XVI. To help accommodate that change HOME has maintained its Year
XVI request at Year XV levels even though our expenses to serve Richfield
are projected to increase to $66,340 (a 5% increase) in 1990'
On January 1, 1990 HOME services were transferred from the, South
Hennepin Human Services Council to Senior Community Services. Senior
Community Service's commitment is to quality services for the elderly
and you can be assured that HOME will continue to be responsive to the
needs of Richfield's elderly and disabled residents in 1990.
Sincerely,
Don Hauge, Pro ram Director
HOME
South Hennepin Human Services Council Creekside Center
9801 Penn Ave. So. Room 100 Bloomington, MN 55431 (612) 888-SS30
H.O.M.E. (Household and Outside Maintenance for Elderly)
Summary of Service 1989
10
BLOOMINGTON
MAINTENANCE HOMEMAKER
# of Customers 225
# of Households 204
# of Jobs 910
# of Hours 2,816
EDINA
# of Customers 104
# of Households 89
# of Jobs 814
# of Hours 1,767
RICHFIELD
# of Customers 144
# of Households 137
# of Jobs 872
# of Hours 2,190
r1
122
100
1,481
3,319
81
75
1,114
2,442
40
40
538
1,254
TOTAL
347
304
2,391
6,135
185
164
1,928
4,209
184
177
1,410
3,444
# of Customers 20 7 27
# of Households 17 6 23
# of Jobs 48 29 77
# of Hours 311 75 386
ST. LOUIS PARK
# of Customers 15 15
# of Households 14 14
# of Jobs 23 23
# of Hours 245 245
TOTAL
# of Customers 508 250 743
# of Households 461 221 668
# of Jobs 2,667 3,162 5,829
# of Hours 7,329 7,090 14,419
•
9
February 28, 1990
Ms. Judy Kunz
City of Richfield
6700 Portland
Richfield, MN 55423
Dear Ms. Kunz:
;r9k
On behalf of your citizens in need, I am requesting that
Richfield consider allocating $20,000 of your Community
Development Block Grant money to the child care sliding fee
subsidy program for your helping 17 families, and there are
31 eligible Richfield families on the waiting list. I have
enclosed some information about the families now being
served.
In addition to the waiting list as proof of need for this
program, you may be aware of the more general reports.
Currently there are 7500 eligible families in Minnesota on
the waiting list - and the list is growing. The Federal
Welfare Reform Act has put additional pressure on the
sliding fee child care money by setting priorities for child
care assistance and encouraging AFDC recipients to move
toward self-sufficiency. So many women have take advantage
of this program, that state and county money is used to help
these families, and is not available for the "working poor",
who also need help paying for child care if they are,going
to be able to afford to continue to work. Also, the
guidelines have been adjusted for inflation for the sliding
fee subsidy, so families can stay on the program longer as
their incomes rise, though the subsidy will decrease',. The
waiting lists continue to grow, and it is estimated that no
families will be moved off the county/state waiting list and
on to the program for 10 months or longer.
So your city's program is needed more than ever by your
residents.
Thank you for your past support of the subsidy program. I
would be glad to get any more information about it for you.
I will try to attend the meeting at which the Council
decides on their CDBG priorities to answer questions then.
Sincerely,
Grace Norris
Community Liaison
GN/co
Greater Minneapolis Day Care Association
Dale Anderson, Executive Director 0 1628 Elliot Ave. S. 9 Minneapolis, Minnesota 55404 0 (612) 341-1177
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 87
Agenda, March 26, 1990
• Issue Statement:
Public Hearing on revocation of conditional use permit previously
issued to Walser Corporation at 2100 West 78th Street.
Background:
The City Council approved an amended conditional use permit on
September 12, 1988 and conditioned that approval, in item 2, on
the removal of the three billboard type signs "within one year"
This condition was subsequently reconfirmed on January 8, 1990.
The billboards have not been removed.
A notice of violation was sent to Walser with a demand that such
violation be remedied within ten days. Pursuant to ordinance, it
was referred to the City Manager who concurred that a hearing be
held and that such hearing be scheduled for March 26, 1990.
By letter of March 19, 1990, Peter K. Beck, attorney for Walser,
requested a continuance until "sometime on or after April 2,
1990".
Recommended Action:
That consideration be given to continuing the revocation hearing
to the next meeting of the City Council on April 9, 1990 at 7:00
P.M.
Basis of Recommendation:
is 1. The conditional use permit amended September 12, 1988 was
conditioned on the removal of the three billboard type
signs "within one year".
2. The condition was reaffirmed on January 8, 1990.
3. The billboards have not been removed. i
4. The process set forth in the Zoning Ordinance for
revocation of a conditional use permit has been followed.
5. Respondent has, by letter, requested a continuance.
Alternative Recommendation:
The City Council may choose to go forward with the public hearing
in the absence of the Respondent.
Discussion/Decision Mode:
A public hearing is scheduled for 7:00 P.M. on Monday, March 26,
1990. Notice of hearing was mailed to property owners within 350
feet of th6 property. Upon receipt of the letter requesting a
continuance, another notice was sent to the adjoining property
owners informing them that such request had been made and that
the next available date was April 9, 1990 if the matter was
continued by the City Council.
41 R lly submitted
Ja a D. Prosser
Ci Manager
CITY OF RICHFIELD, MINNESOTA
Memorandum
DATE: March 16, 1990
0
TO: James Prosser, City Manager
FROM: Byron all ?ommu y Development Director
SUBJECT: Walser Buick Notice of Violation and
Failure to Comply
A notice of violation, pursuant to Section 545.09, Subd. 7(b),
was mailed to Walser Automotive and received by them on March 5,
1990. The violation particularized in the notice is as follows:
The Conditional Use Permit that was approved on
September 12, 1988 by the City Council, conditioned
that approval, in item 2, on the removal of the three
billboard type signs "within one year". The time has
expired and those signs are still in place.
Walser was given ten days to remedy the violation and the ten
days have expired. I have again reviewed the property and the
violation has not.been remedied. In addition, I received a
letter from Peter Beck, the attorney representing Walser
Corppration, stating their position that they have ',a "legal right
to keep the three billboards".
I am recommending to you as City Manager, pursuant to Section
545.09, Subd. 7(c), that a hearing be held by the Council to
consider the revocation of the Conditional Use Permit approved on
September 12, 1988.
cc: Peter Beck
n
U
PUBLIC HEARING NOTICE
CITY OF RICHFIELD, MINNESOTA
CITY COUNCIL
•
TO: Mr. Rick Hammerstrom
Walser Automotive
5555 W. 78th Street
Edina, MN 55435
LOCATION OF
PROPERTY: Walser Buick, 2100 W. 78th Street
Richfield, MN 55423
PURPOSE: To hear reasons for or against the
revocation of a conditional use permit
approved September 12, 1988.
TIME OF HEARING: 7:00 P.M., Monday, March 26, 1990
PLACE OF HEARING: Council Chambers
Richfield City Hall
6700 Portland Avenue South
Richfield, MN 55423
VIOLATION: Violation of the Conditional ',Use Permit,
approved on September 12, 1988 by the
City Council, which conditioned that
approval, in item 2, on the removal of the
three billboard type signs "within one
year". The time has expired 'and those
signs have not been removed.
RECOMMENDATION: That the City Council revoke the
Conditional Use Permit approved
September 12, 1988 for violation of
a specific condition of the approval.
NOTIFICATION: You are hereby notified that you have
the right to:
1. Be present at the hearing;
2. be represented by legal council during
the hearing and;
3. present testimony and evidence
and cross examine witnesses; and,
• 4. a copy of the staff report will be
available for your review at City Hall
on Friday, March 23, 1990 after 3:00
P.M.
ANY QUESTIONS: Byron Wallace
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
861-9760
MAILING DATE: March 16, 1990
0
•
NOTE!!!
The attorney for Walser Automotive, Peter K. Beck, has requested
a continuance of the attached hearing until April. If this
matter is continued by the City Council, the next available date
is April 9, 1990.
Any Questions: Byron Wallace
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
861-9760
NOTE!!!
The attorney for Walser Automotive, Peter K. Beck, has requested
a continuance of the attached hearing until April. 'If this
matter is continued by the City Council, the next available date
is April 9, 1990.
Any Questions: Byron Wallace
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
861-9760
r?
L?
PUBLIC HEARING NOTICE
CITY OF RICHFIELD, MINNESOTA
0
1J
0
TO:
LOCATION OF
PROPERTY:
PURPOSE:
TIME OF HEARING:
PLACE OF HEARING:
CITY COUNCIL
Property owners within 350 feet.
Walser Buick, 2100 W. 78th Street
Richfield, MN 55423
To hear reasons for or against the
revocation of a conditional use permit
approved September 12, 1988.
7:00 P.M., Monday, March 26, 1990
Council Chambers
Richfield City Hall
6700 Portland Avenue South
Richfield, MN 55423
VIOLATION: Violation of the Conditional Use Permit,
approved on September 12, 1988 by the
City Council, which conditioned that
approval, in item 2, on the removal of the
three billboard type signs "within one
year". The time has expired and those
signs have not been removed.
RECOMMENDATION: That the City Council revoke the
Conditional Use Permit approved
September 12, 1988 for violation of
a specific condition of the approval.
HOW TO PARTICIPATE: 1. To attend the hearing and give
testimony for or against the proposal.
2. Submit a letter to the City Council
expressing your views.
3. A copy of the staff report will be
available for your review at City Hall
on Friday, March 23, 1990 after
3:00 P.M.
ANY QUESTIONS: Byron Wallace
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
861-9760
MAILING DATE: March 16, 1990
JAMES P. LARKIN
ROBERT L. HOFFMAN
JACK F. DALY
0. KENNETH LINDGREN
WENDELL R. ANDERSON
GERALD H. FRIEDELL
ALLAN E. MULLIGAN
ROBERT J. HRIENNSOSSEY
JAMES C. , CK
EDWARD J. DRISCOLL
GENE N. FULLER
DAVID C. SELLERGREN
RICHARD J: KEENAN
JOHN D. FULLM ER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
JOHN R. BEATTIE
LINDA H. FISHER
THOMAS P. STOLTMAN
STEVEN G. LEVIN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSK1
THOMAS J. FLY N
JAMES P. OUINN
TODD I. FREEMAN
STEPHEN B. SOLOMON
PETER K. BECK
JEROME H. KAHNKE
SH ERRILL R. OMAN
GERALD L. SECK
JOHN B. LUNDOUIST
DAYLE NOLAN-
THOMAS S. HUMPHREY, JR.
MICHAEL T. MCKIM
CHARLES R. WEAVER
HERMAN L.TALLE
VINCENT G. ELLA
ANDREW J. MITCHELL
0
March 19, 1990
LAI3KIN, HOFFMAN, DALY & LINDGBEN, LTD.
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER
7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 16121 835-3800 TELEPHONE 16121 338-6610
FAX 16121 896-3333 FAX 16121 3369760
NORTH SUBURBAN OFFICE
8990 SPRINGBROOK DRIVE, SUITE 250
COON RAPIDS, MINNESOTA 55433
TELEPHONE 16121 786-7117
FAX (6121786-6711
Reply to Bloomington
Byron J. Wallace
Community Development
City of Richfield
6700 Portland Avenue
Richfield, Minnesota
Re: Walser Buick
Dear Byron:
hearing before the Richfield City Council on March 26, 1990 to
consider revocation of the Conditional Use Permit for Walser Buick.
The stated ground for revocation is failure to remove three billboard
type signs from the Buick site.
Director
55423-2599
JOHN A. COTTER -
BEATRICE A. ROTHWEILER
PAUL B. PLUNKETT
ALAN L. KILOOW
KATHLEEN M. PICOTTE NEWMAN
MICHAEL B. LEBARON
FRANCIS E. GIBERSON
TRACY R. EICHHORN-HICKS
AMY DARR GRADY
CATHERINE BARNETT WILSON
JEFFREY C. ANDERSON
DANIEL L. BOWLES
TODD M. VLATKOVICH
TIMOTHY J. MCMANUS
GREGORY E. KORSTAD
LISA A. GRAY
GARY A. RENNEKE
THOMAS H. WEAVER
SHANNON K. MCCAMBRIDGE
DENISE M. NORTON
GARY A. VAN CLEVE
MICHAEL B. BRAMAN
JOSEPH W. DICKER
JA COUELINE F. DIETZ
GAYLEN L. KNACK
RODNEY D. IVES
JULIE A. WRASE
CHRISTOPHER J. HARRISTHAL
SHARON L. BRENNA
MARIKAY CANAGA LITZAU
TIMOTHY J. KEANE
JON R. NORBERG
WILLIAM C. GRIFFITH, JR.
THEODORE A. MONDALE
JOHN J. STEFFENHAGEN
DANIEL W. VOSS
MARK A. RURIK
JOHN R. HILL
JAMES K. MARTIN
STEVEN P. KATKOV
THOMAS J. SEYMOUR
OF COUNSEL
JOSEPH GITIS
RICHARD A. NORDBYE
DAVID J. PEAT
-ALSO ADMITTED IN
WISCONSIN
I have received today, March 19, 1990, a "public hearing notice"
addressed to Mark Hammerstrom at Walser Automotive advising of a
Enclosed are letters from myself to the City Attorney dated
February 12, 1990 and to you dated March 5, 1990 pointing out that it
is unlawful under Minnesota state law to condition a land use approval
on the removal of an advertising device. Revocation of the Walser
Buick Conditional Use Permit for failure to remove the three billboard
signs on the property would be in direct violation of this state
statute. If and when the City Attorney is consulted, I am sure he
will agree that this is the case.
Nevertheless, we will be happy to meet with the City Council to
explain the impact of this state law on the situation and to discuss
the importance of these signs to Walser's business. Unfortunately,
however, I have a long-standing commitment to be out of town from
March 23 to April 1, 1990. The principals at Walser, including Mike
Shrank and Mark Hammerstrom, will also be out of town at 'a seminar on
March 26, 1990. We would appreciate it very much if this hearing
?Y-7
LARKIN, HOFFMAN, DALY 8c LINDGREN, LTD.
Byron J. Wallace
March 19, 1990
Page
could be continued from March 26, 1990 to sometime on or after
April 2, 1990. This would also give us and the City Council an
opportunity to review the staff report and prepare for the hearing
before the City Council. Even if we were not out of town, seven days
notice of the hearing and one business day to review the staff report
is an awfully short period of time to prepare for a hearing which
could potentially put Walser Buick out of business.
Please let me know as soon as possible if the hearing will be
continued, so that we can make the necessary arrangements.
S' pr-A p( rely,
Peter K. Beck, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
kw
Enclosures
cc/enc: Mark Hammerstrom
Jim Prosser, City Manager
John Dean, City Attorney
r ?
U
PKB:FK5s
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 86
Agenda March 26, 1990
Issue Statement:
Adoption of resolutions authorizing the submittal of preliminary
loan applications for the purchase of property at 7645 1st Avenue
South and 7644 10th Avenue South.
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 the
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 for the 77th Street project became
available.
The process for securing a loan is generally as follows. After
the owner of a property has listed it for sale for a',period of at
least 90 days, a preliminary application is submitted to the
Metropolitan Council. The attached resolutions are part of the
preliminary application. The Metropolitan Council then reviews
the preliminary application. If the preliminary application is
approved, negotiations for the purchase of the property may
commence and a loan agreement with Metropolitan Council must be
drafted. Following purchase, it appears likely that the
properties would be rented.
Staff has been working with the owners of two properties who
appear to qualify for RALF. One is at 7644 10th Avenue and the
second is at 7645 1st Avenue. Each property has been listed with
a realtor. The 90 day listing period is ending. Potential
purchasers have looked at each property but when told of the
pending street project lose interest. (Several weeks ago, a
letter was sent to all owner-occupied property which would be
purchased for the 77th Street project. The RALF program was
presented. While some phone calls were received from letter
recipients, no one appeared to have a hardship situation as
defined in the RALF program. Thus, at the present there are only
two property owners with whom staff is working).
0
Recommended Action:
Adopt the attached resolutions which authorize staff to proceed
with the filing of a preliminary application for RALF for each of
the two properties.
Basis of Recommendation:
1. The City Council has approved the official map for
upgrading 77th Street.
2. The upgrading will require the purchase of 7645 1st Avenue
South and 7644 10th Avenue South.
3. The city has no funds currently available to purchase these
properties.
4. The Metropolitan Council operates RALF and has indicated a
desire to use that program to assist Richfield along 77th
Street.
5. The owners of the subject properties appear to have an
eligible hardship and have been unable to sell their homes
during the 90 day listing period.
6. The City Council, during deliberations on the 77th Street
project, indicated they would assist property owners in
minimizing the difficulties this project imposed on them.
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 theseowners since
early fall. It will likely require an additional 2 to 3 months
to complete the process. Action to adopt the resolutions on
March 26th would facilitate the.processing.
Res7anar lly submitted
JamProsser
Citger
JDP:sae
0
0 RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7645 1ST AVENUE SOUTH
WHEREAS, the City of Richfield has adopted an official map
for improvements to 77th Street
WHEREAS, the improvements to 77th Street necessitate the
purchase of real estate including the property at 7645 1st Avenue
South;
WHEREAS, city funds are presently not available for purchase
of real estate;
WHEREAS, the Metropolitan Council under Minnesota Statute
473.167, Subd. 2 a. administers the Right-Of-Way Acquisition Loan
Fund (RALF) to acquire properties so situated with owners who are
experiencing a hardship;
WHEREAS, the Metropolitan Council has indicated that RALF
monies would be made available for the purchase of "hardship
properties" along 77th Street;
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 Managerlsubmit 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 7645 1st Avenue South.
Adopted by the City Council of the City of Richfield,
Minnesota this 26th day of March, 1990.
Steven J. Quam, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
BP:dkh
CCLTR-3/26-7645 1ST
C
RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7644 10TH AVENUE SOUTH
WHEREAS, the City of Richfield has adopted an official map
for improvements to 77th Street;
WHEREAS, the improvements to 77th Street necessitate the
purchase of real estate including the property at 7644 10th
Avenue South;
WHEREAS, city funds are presently not available for purchase
of real estate;
WHEREAS, the Metropolitan Council under Minnesota Statute
473.167, Subd. 2 a. administers the Right-Of-Way Acquisition Loan
Fund (RALF) to acquire properties so situated with owners who are
experiencing a hardship;
WHEREAS, the Metropolitan Council has indicated that RALF
monies would be made available for the purchase of "hardship
properties" along 77th Street,
WHEREAS, the owner of this property may qualify for purchase
under the hardship provisions of RALF.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, that the City Manager submit an
application to the Metropolitan Council under the RALF program
for purposes of initiating the process which may result in the
acquisition of the property at 7644 10th Avenue South.
Adopted by the City Council of the City of Richfield,
Minnesota this 26th day of March, 1990.
Steven J. Quam, Mayor
ATTEST:
0
Thomas P. Ferber, City Clerk
;;?? _e_?.
• CITY OF RICHFIELD, MINNESOTA
Council Letter No. 86
Agenda March 26, 1990
Issue Statement:
Adoption of resolutions authorizing the submittal of preliminary
loan applications for the purchase of property at 7645 1st Avenue
South and 7644 10th Avenue South.
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 the
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 for the 77th Street project became
• available.
The process for securing a loan is generally as follows. After
the owner of a property has listed it for sale for a,period of at
least 90 days, a preliminary application is submitted to the
Metropolitan Council. The attached resolutions are part of the
preliminary application. The Metropolitan Council then reviews
the preliminary application. If the preliminary application is
approved, negotiations for the purchase of the property may
commence and a loan agreement with Metropolitan Council must be
drafted. Following purchase, it appears likely that,the
properties would be rented.
Staff has been working with the owners of two properties who
appear to qualify for RALF. One is at 7644 10th Avenue and the
second is at 7645 1st Avenue. Each property has been listed with
a realtor. The 90 day listing period is ending. Potential
purchasers have looked at each property but when told of the
pending street project lose interest. (Several weeks ago, a
letter was sent to all owner-occupied property which would be
purchased for the 77th Street project. The RALF program was
presented. While some phone calls were received from letter
recipients, no one appeared to have a hardship situation as
defined in the RALF program. Thus, at the present there are only
two property owners with whom staff is working).
0
• Recommended Action:
Adopt the attached resolutions which authorize staff to proceed
with the filing of a preliminary application for RALF for each of
the two properties.
Basis of Recommendation:
1. The City Council has approved the official map for
upgrading 77th Street.
2. The upgrading will require the purchase of 7645 1st Avenue
South and 7644 10th Avenue South.
3. The city has no funds currently available to purchase these
properties.
4. The Metropolitan Council operates RALF and has indicated a
desire to use that program to assist Richfield along 77th
Street.
5. The owners of the subject properties appear to have an
eligible hardship and have been unable to sell their homes
during the 90 day listing period.
6. The City Council, during deliberations on the 77th Street
project, indicated they would assist property owners in
minimizing the difficulties this project imposed on them.
• 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 these',owners since
early fall. It will likely require an additional 2 to 3 months
to complete the process. Action to adopt the resolutions on
March 26th would facilitate the processing.
Respect lly submitted
Jame Prosser
City anager
JDP:sae
U
RESOLUTION NO.
• THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7645 1ST AVENUE SOUTH
WHEREAS, the City of Richfield has adopted an official map
for improvements to 77th Street;
WHEREAS, the improvements to 77th Street necessitate the
purchase of real estate including the property at 7645 1st Avenue
South;
WHEREAS, city funds are presently not available for purchase
of real estate;
WHEREAS, the Metropolitan Council under Minnesota Statute
473.167, Subd. 2 a. administers the Right-Of-Way Acquisition Loan
Fund (RALF) to acquire properties so situated with owners who are
experiencing a hardship;
WHEREAS, the Metropolitan Council has indicated that RALF
monies would be made available for the purchase of "hardship
properties" along 77th Street;
• WHEREAS, the owner of this property may qualify for purchase
under the hardship provisions of RALF.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, that the City Manager submit an
application to the Metropolitan Council under the RALF program
for purposes of initiating the process which may result in the
acquisition of the property at 7645 1st Avenue South.
Adopted by the City Council of the City of Richfield,
Minnesota this 26th day of March, 1990.
Steven J. Quam, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
BP:dkh
CCLTR-3/26-7645 1ST
e?-e
0 RESOLUTION NO.
THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION AUTHORIZING LOAN APPLICATION
FOR ACQUISITION OF 77TH STREET RIGHT-OF-WAY;
7644 10TH AVENUE SOUTH
WHEREAS, the City of Richfield has adopted an official map
for improvements to 77th Street;
WHEREAS, the improvements to 77th Street necessitate the
purchase of real estate including the property at 7644 10th
Avenue South;
WHEREAS, city funds are presently not available for purchase
of real estate;
WHEREAS, the Metropolitan Council under Minnesota Statute
473.167, Subd. 2 a. administers the Right-Of-Way Acquisition Loan
Fund (RALF) to acquire properties so situated with owners who are
experiencing a hardship;
WHEREAS, the Metropolitan Council has indicated that RALF
• monies would be made available for the purchase of "hardship
properties" along 77th Street;
WHEREAS, the owner of this property may qualify for purchase
under the hardship provisions of RALF.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, that the City Manager submit an
application to the Metropolitan Council under the RALF program
for purposes of initiating the process which may result in the
acquisition of the property at 7644 10th Avenue South.
Adopted by the City Council of the City of Richfield,
Minnesota this 26th day of March, 1990.
Steven J. Quam, Mayor
ATTEST:
of
Thomas P. Ferber, City Clerk
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 85
Agenda March 26, 1990
• Issue Statement:
Purchase of fireworks for Fourth of July Celebration.
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.
Two firms in the metropolitan area sell fireworks and provide the
staff to do the display. In the opinion of the city staff and
the Fourth of July Committee, one of the firms, Americana
Fireworks Display Company, provides a better show. This firm has
been used for the Richfield Fourth of July Celebration fireworks
for the past eight years. In 1982 and 1983, the cost was $5,000.
In 1984 and 1985, the cost was $5,400. In 1986 the cost was
$5,970, but the display was about a 30% reduction in time and
content compared to the 1985 display. In 1987, an approximation
of the 1985 display was provided for $8,900. In 1988, the cost
was $9,400. In 1989, the cost was $10,000.
Americana has submitted a contract in the amount of $10,000 to
provide fireworks for the Celebration in 1990. Americana will
provide public liability and property damage insurance in the
amount of $300,000. In the event of cancellation due to
• inclement weather, the show will be held on Saturday, July 7.
City staff recommends adding a condition to the contract which
requires the employees of Americana Fireworks Display Company to
clean up the shooting area, after the display, of any potentially
dangerous material.
The City's budgeted cost share of the 1990 Celebration is $15,000
for fireworks, additional insurance coverage, and other items
such as entertainment, performance stages, lighting and sound
systems.
Recommended Motion:
Authorize the City Manager to execute a contract an& payment in
the amount of $10,000 to Americana Fireworks Display!Company for.
fireworks and staff to do the display for the 1990 Richfield
Fourth of July Celebration.
Basis of Recommendation:
1. The City of Richfield supports the Richfield Fourth of July
Celebration including, in part, the financial cost of the
fireworks display.
i
2. Americana Fireworks Display Company has submitted a
contract in the amount of $10,000.
3. There is a $15,000 in the adopted 1990 budget for the
i recreation division of the Community Services Department
for the Celebration.
Alternative Recommendation:
1. The City Council could decide to eliminate its financial
support of the community Fourth of July Celebration.
2. The size of the display could be reduced thereby reducing
the cost to the community.
Discussion/Decision Mode:
This item has been scheduled for the consent calendar on the
March 26 agenda to provide sufficient time to confirm the
fireworks display for the 1990 Richfield Fourth of July
Celebration.
Respectf lly submitted,
Jame D. Prosser
City Manager
JDP: fb
0
#
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 84
Agenda March 26, 1990
Issue Statement:
Purchase in excess of $5,000 of a Turf Top Dresser for 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.
A 1980 Cushman mounted 30-inch turf top dresser is fully
depreciated and scheduled for replacement in 1990. Staff
received the following quotations for a new top dresser:
MTI Distributing Co. $6,250
Turfco Manufacturing, Inc. $6,295
Recommended Motion:
Authorize a purchase order to MTI Distributing Company in the
amount of $6,250 for a new Turf Top Dresser.
Basis of Recommendation:
1. MTI Distributing Company submitted the lowest quotation for
the equipment requested.
2. The 1990 Central Garage Motor Pool budget contains $8,000
funding for this purchase.
Alternative Recommendation:
1. Although a new unit is needed, do not purchase a turf top
dresser to replace the fully depreciated unit!.
2. Purchase a turf top dresser from the other vendor although
the purchase price is higher.
3. Reject the quotations received and direct staff to obtain
new quotations. However, staff does not believe a better
price can be obtained from a reputable manufacturer or
distributor.
Discussion/Decision Mode:
This item is scheduled for the March 26, 1990 Council meeting.
Staff is requesting approval at this time in order to facilitate
timely delivery of this equipment for the 1990 golf season.
Res V lly submitted,
•
Jame D. Prosser
City Manager
JDP:sae
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 83
• Agenda March 26, 1990
CONFIDENTIAL
Issue Statement:
Consideration of approval of worker's compensation settlement.
Background:
In 1982, aCommunity Services Worker filed a claim for an injury
to his lower back and shoulders. He has claimed that he is
unable to work since that time, and has been collecting worker's
compensation from the city.
The Social Security Administration recently determined that
Claimant was permanently and totally disabled, and awarded him
Social Security benefits retroactive to August, 1985. Claimant
and City have negotiated a settlement of the worker compensation
claim for $80,723.80.
As a result of claimant's social security award, the city is
entitled to certain past and future reimbursement from the
Minnesota Special Compensation Fund. Of the $80,723.80 paid by
th city, $38,134.82 will be reimbursed to the city from the
Special Compensation Fund. The remainder of the settlement will
be reimbursed to the city by the Worker's Compensation
• Reinsurance Association.
Recommended Motion:
Approve the settlement to the claimant in the amount of
$80,723.80
Basis for Recommendation:
1. Since the Social Security Administration has determined that
Mr. Claimant is totally and completely disabled, it would be
in the city's best interest to do a full, and complete
settlement of this matter at this time.
Alternative Recommendation:
1. Not approve the settlement.
Discussion/Decision Mode:
This item has been placed under Executive Session for March 26,
1990, at 6:00 p.m.
R spe ully submitted,
Ja a D. Prosser
Ci Manager
JDP/eja
HOLws & GRAVEN
• CHARTERED
ROBERT A. ALsOP 470 Pillsbury Center, Minneapolis, Minnesota 55402
Attorney at Law (612) 337-9300
Direct Dial (612) 337-9224
March 20, 1990
Mr. James Prosser
City Manager
City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Re: John Schmatz v. City of Richfield
Our File No. RC145-29
Dear Mr. Prosser:
• This letter outlines the current status of the above-referenced
workers' compensation matter and recommends its settlement
pursuant to the Stipulation for Settlement submitted herewith.
John Schmatz is a 39-year old former employee of the City of
Richfield who was recently determined to be permanently and
totally disabled by the Social Security Administration Office and
was awarded Social Security disability benefits retroactively
from August, 1985. The Social Security Administration found that
Mr. Schmatz' current disability was caused by a March 9, 1982
accident whereby he injured his lower back and shoulders while
trying to carry a sheet of steel with a fellow maintenance worker
for the City of Richfield. Mr. Schmatz has been unable to obtain
employment since the 1982 accident and currently is not looking
for work due to his continued disabled condition.
Since 1982, the City has paid Mr. Schmatz substantial workers'
compensation benefits in one form or another, including weekly
temporary total disability benefits and permanent partial
disability benefits representing a 17.5% disability of his lower
back and a 15% disability to his upper right extremity (right
shoulder). The City has challenged the propriety of a number of
Mr. Schmatz' claims including one appeal to the Minnesota Supreme
Court.
A/1-1- .j
•
CJ
Mr. James Prosser
March 20, 1990
Page 2
Mr. Schmatz' current Claim Petition seeks permanent partial
disability benefits in the amount of approximately $25,000.00
representing a 32% disability to his left shoulder along with a
15% simultaneous injury factor award owing under the "old"
workers' compensation law. Claimant also seeks payment of
various medical expenses including satisfaction of an
intervention interest by MedCenters Health Plan in the amount of
$3,063.73.
In light of the Social Security Administration's recent award,
the City of Richfield's exposure to Mr. Schmatz for future
permanent total disability benefits is significant. Mr. Schmatz
is a relatively young man with no prospects of finding any
employment in the near future. We believe a full, final and
complete settlement of this matter at this time would be in the
City's best interest.
Claimant initially offered to settle this case for $120,00.00,
which represents recovery of the benefits alleged in his Claim
Petition. and five years of future permanent total disability
benefits. The final negotiated Stipulation for Settlement
submitted herewith requires the City to pay the following amounts
in consideration for a full, final and complete settlement of all
claims by John Schmatz (except future medical expenses) arising
from his March 9, 1982 accident:
John Schmatz $71,000.00
MedCenters Health Plan 2,315.80
Buffalo Family & Specialty 479.00
Care Center
Attorneys' Fees and Costs 60,929.00
TOTAL $80,723.80
As a result of Claimant's recent Social Security award, the City
is entitled to certain past and future reimbursements from the
Minnesota Special Compensation Fund under Minn. Stat. § 176.032.
Of the $80,723.80 paid out by the City under the proposed
Stipulation for Settlement, $38,134.82 will be reimbursed to the
City from the Special Compensation Fund. The remainder of the
settlement payments will be reimbursed to the City by the
Workers' Compensation Reinsurance Association.
We consider the proposed settlement reasonable and recommend that
the City of Richfield accept the proposed Stipulation for
Settlement in its entirety.
0
• Mr. James Prosser
March 20, 1990
r'
• STATE OF MINNESOTA
WORKERS' COMPENSATION DIVISION
Department of Labor and Industry
443 Lafayette Road
St. Paul, Minnesota 55101
File No.: 472-62-2288
----------------------------
John M. Schmatz,
Employee,
v.
City of Richfield,
Employer,
and
Self-Insured,
Insurer,
• and
MedCenters Health Plan
Intervenor.
STIPULATION FOR
SETTLEMENT
c- r 6i
----------------------------
It is hereby stipulated and agreed among the', above-named
parties and the Minnesota Special Compensation Fund, the same
being the only parties in interest herein, as follows:
1. It may be taken as a fact that the above-named employee
was in the employ of the City of Richfield on or about March 9,
1982, at an average weekly wage of $388.80 for a five-day week,
entitling the employee to an initial compensation rate of $259.20
per week.
2. At all times material herein the City of Richfield was
• self insured for worker's compensation liability in the State of
Minnesota.
1
.a
3. On March 9, 1982, the employee sustained an injury to
• his back and upper right extremity 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.
4. As a result of employee's injury of March 9, 1982, this
self-insured employer has been paying temporary total disability
benefits to the employee from the date of injury to the present,
along with permanent partial disability benefits representing
17.5% permanent partial disability of the back as a whole and 15%
permanent partial disability of the upper right extremity.
Employer has also paid various rehabilitation and medical
expenses on behalf of the employee, all of which are on file at
the Workers' Compensation Division, File No. 472-62-2288.
• 5. Incorporated herein and made a part of this Stipulation
is the entire file of the Workers' Compensation Division and
Office of Administrative Hearings, including all of the
rehabilitation and medical reports contained therein.
6. Employee hereby represents to the Office of
Administrative Hearings that he has recently been awarded Social
Security disability benefits retroactive from August 12, 1985,
and upon information and belief the Social Security Office has
not taken a Workers' Compensation disability offset.
7. It is the claim and contention of the employee that he
suffers a twenty-two percent (22%) permanent partial disability
of his upper left extremity and that his work related injury of
March 9, 1982 is a substantial and inseperable contributing cause
• of said permanent partial disability. Intervenor MedCenters
2
Health Plan claims to have incurred medical expenses on behalf of
• the employee in the amount of $3,063.73 for the care and
treatment of said disability and is entitled to reimbursement
from the self-insured employer. Employee also seeks payment of
various unpaid medical expenses owing to Buffalo Family &
Specialty Care Center, P.A. amounting to $479.00.
8. It is the claim and contention of the employer herein
that employee's current disability to his upper left extremity
did not arise out of or in the course of his employment with the
City of Richfield and thus is not compensable under Minn. Stat. §
176.101 (1989). Employer also contends, based upon the complete
files and records herein including the attached Social Security
decision dated August 7, 1989, that employee has been permanently
and totally disabled from sustained gainful employment since
• March 9, 1982 and that said permanent and total disability shall
continue into the foreseeable future.
In light of employee's disabled condition, employer further
claims and contends that all total temporary disability benefits
paid to employee since March, 1982 should be deemed permanent
total disability benefits under Minn. Stat. 5 176.101, Subd. 4
(1989), thereby entitling employer to offset the total disability
benefits it pays to employee by any and all Social Security
benefits the employee has received since August 1985 or is
eligible to receive in the future. To date, said offsets have
resulted in an overpayment of disability benefits by' employer of
approximately $23,006.38 which may be credited against future
. disability benefits owing to employee under the Minnesota
Workers' Compensation statute.
3
Z'?? ,
• 9. Notwithstanding the respective claims and contentions
of the parties herein, the parties hereby stipulate and agree to
the following:
a. that employee's permanent disability to his upper left
extremity did not arise out of or in the course of his
employment with employer and therefore is not a
compensable injury under the Minnesota Workers'
Compensation statute.
b. that employee is permanently and totally disabled from
sustained gainful employment, and that employee has
been permanently and totally disabled since March 9,
1982, the date he was determined to be permanently and
totally disabled by the Social Security Administration
Office.
C. that all temporary total disability benefits paid to
employee since March 9, 1982 are deemed to be permanent
total disability benefits for purposes of determining
whether employer is entitled to a Social Security
offset under Minn. Stat. § 176.101 Subd. 4 (1989).
. d. that employer will pay Seventy-Seven Thousand Five
Hundred Dollars ($77,500.00) to employee as a full,
final and complete settlement of all past, present and
future claims for disability and/or supplementary
benefits owing under the Minnesota Workers'
Compensation statute for injuries arising from
employee's March 9, 1982 accident. Employer will
continue to pay employee supplementary benefits of
$269.00 per week until an award is filed with the
Office of Administrative Hearings that is consistent
with this Stipulation.
e. that employer will pay $2,315.80 to Medcenters Health
Plan as a full, final and complete settlement of its
claim in this matter.
f. that employer will pay $479.00 to Buffalo Family &
Specialty Care Center, P.A. as a full, final and
complete settlement of employee's claim for medical
expenses currently outstanding with respect to the care,
and treatment of his work-related injuries.
g. that employer will pay $429.00 to the law firm of Olson
& Roes, P.A. as a reimbursement for the costs it
incurred on behalf of employee with respect to this
matter.
4
1
h. that employer hereby waives any and all claims of an
• overpayment of Workers' Compensation benefits made to
employee, and specifically waives any right to a credit
against the employee in the amount of $23,006.83 as a
result of Social Security offsets the employer may be
entitled to claim under Minn. Stat. § 176.101, Subd. 4
(1989).
i. that by accepting the lump sum payment of $77,500.00,
employee hereby waives any and all claims of whatever
nature against the self-insured employer, whether past,
present or future, for Workers' Compensation benefits
that employee may be entitled to receive as a result of
his work-related injury of March 9, 1982. This waiver
specifically includes but is not limited to claims for
temporary total disability benefits, temporary partial
disability benefits, permanent partial disability
benefits, permanent total disability benefits,
supplementary benefits, rehabilitation benefits and all
medical benefits except for those expressly identified
herein. The only exception to this waiver is
employee's right to receive future medical benefits for
the reasonable and necessary treatment of his back and
upper right extremity which is causally related to his
March 9, 1982 injury.
j. it is specifically agreed between the Special
Compensation Fund for the State of Minnesota and the
employer that the Special Compensation'' Fund will
reimburse employer the sum of $38,134.82, for all past,
present and future supplementary benefits owing under
Minn. Stat. § 176.032 (1989). Employer 'acknowledges
that before it is entitled to receive said
reimbursement, it must pay the entire lump sum
settlement to employee and file the necessary claim
reimbursement documents with the Special 'Compensation
Fund.
10. This Stipulation is made with the recognition that the
self-insured employer is entitled to offset permanent total
disability benefits by any and all Social Security benefits the
employee has received or is eligible to receive in the future.
It is the intent of the parties herein that the lump' sum payment
of $77,500.00 for permanent total disability benefits made to
employee pursuant hereto, represents only permanent total
• disability benefits to which the Social Security offset has been
5
• applied. In arriving at this lump sum figure, employer and
employee have taken into consideration and applied the Social
Security offset provisions.
11. The parties to this Stipulation are unaware of any
intervenors or potential intervenors, other than MedCenters
Health Plan, 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 Workers' Compensation injury of
March 9, 1982.
12. Employer expressly reserves and maintains any and all
rights in subrogation and/or indemnity, pursuant to the Workers'
Compensation Act or otherwise, including, but not limited to,
those rights provided in Minn. Stat. 5176.061, relative to any
right or recovery which the employee has, or may have, against
any third party, person or entity.
12. The employee represents to the Worker's Compensation
Division that he has retained to represent him in this matter the
law firm of Olson & Roes, P.A. and that he has a contingent fee
agreement with said law firm providing that 25% olf the first
$4,000 in benefits obtained and 20% thereafter, subject to a
statutory maximum of $6,500, shall be deducted from,the amounts
due him and paid directly to Olson & Roes as agreed attorney's
fees. Furthermore, if the attorney's fees herein' exceed any
amount previously withheld to date, the balance shall be withheld
pursuant to the 25/20 formula until a total amount of $6,500 has
been paid to employee's attorney of record, Olson & Roes, P.A.,
arising out of claims for either permanent total or permanent
partial disability benefits from and after March 9, 1982.
6
,i
The parties are mindful of the provisions of Minn. Stat.
176.081, Subd. 7, and there is no provision for partial
reimbursement of attorney's fees. These parties also waive any
ten-day period within which to object to attorney's fees.
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 will be dismissed.
;77 ZZ C",z
Dated: 1990
John Schmatz, Emp o e
OLSON & ROES, P.A.
Dated: rC?. 1990 By _ACA4??
(A A?
Cra' L r en
ATTORNEY FOR EMPLOYEE
Lakeland Professional Bldg.
Annandale, Minnesota 55302
(612) 274-3044
Dated: 3 , 1990 HOLMES & GRAVEN, CHARTERED
B
Y
Robert A. Alsop,, #1 4324
ATTORNEYS FOR EMPLO ER
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337-9300
Dated: -? 1990 MEDCENTERS HEALTH PLAN
Y
Mary ; e h Meyer
Its
7
0
Dated: ,
1990 MINNESOTA SPECIAL COMPENSATION FUND
B
Shirley ck
•
•
8