07-24-89 agenda~`~ ~
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 178
Agenda July 24, 1989
Issue Statement:
Setting date for Special City Council meeting to consider the
proposed 1990 property tax levy.
Backaround•
In the 1988 legislative session, a
legislation commonly referenced as
was enacted. This law changes the
municipalities and counties to est.
budgets.
significant piece of
the "Truth in Taxation" bill
timetable and process used by
3blish property taxes and set
Under the Truth in Taxation provision, cities over 2,500
population must establish a "proposed" property tax levy and
budget before August l of each year. Each city must certify its
proposed property tax levy to the county auditor on August 1.
Also, sometime before August 15 of each year, each city must set
a public hearing date for formal review and adoption of the
annual budget and property tax levy. An expensive and somewhat
cumbersome public notice requirement accompanies that hearing
process. (See Attachment A).
Earlier this month, the Commissioner of Revenue issued an
- official memorandum to cities in Minnesota proscribing an
alternative budget/levy limit adoption process. The modified
schedule eliminated the requirement for an August 1 submission of
a proposed tax levy to county auditors. Instead, the date was
delayed until October 1.
This special provision delaying Truth in Taxation deadlines was
given careful scrutiny by a number of local government
professionals in the metropolitan area, including Richfield' City
Attorney. The result of that analysis is a general consensus
that the Commissioner may not have the authority to modify these
deadlines. Further, the onerous consequences of a city ignoring
the statutory deadlines could include a citizen lawsuit and/or
loss of increases in property tax levy limits and local
government aids growth for that year. It would literally be
financial disaster for a community such as Richfield to incur
such a penalty. Thus, City staff has decided to proceed at full
speed to comply with the Truth in Taxation deadlines,
necessitating a Council meeting for receiving, reviewing, and
ultimately, acting upon a proposed property tax levy prior to
August 1.
The hearing referenced in this Council Letter would not replace
the official budget hearing process. Instead, the Council
meeting recommended here is a necessary part of submitting a
proposed property tax levy on August 1. A formal budget hearing
will likely be scheduled for late August or September.
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Recommended Motion:
Set a special meeting of the City Council for July 31, 1989 at
5:00 p.m. to consider the adoption of a proposed 1990 property
tax levy.
Basis of Recommendation:
1. The 1988 Truth in Taxation legislation requires Minnesota
cities to certify a proposed property tax levy to their
county auditor on or before August 1 of each year.
2. The penalty for non-compliance is severe. It would reduce
the City's property tax levy limit and local government aids
to the level of the previous year.
3. The Department of Revenue's authorization to ignore
statutory budget and property tax levies may not be valid,
thereby, exposing the City to an extremely harsh penalty or
a lawsuit.
Alternative Recommendation:
The City, could ignore the Truth in Taxation guidelines and follow
the Commissioner of Revenue's schedule.
Discussion/Decision Mode:
In order to comply with all applicable statutory and City Charter
provisions, the City Council must act on July 24, to establish a
special meeting on July 31 to certify a pro osed property tax
levy. ~ ~
ly submitted,
D. Prosser
Manager
JDP:eja
Summary and Instructions to Cities
Page 2
ATTACHMENT A ~~~
7 The vetoed 1989 tax bill would permit each city to increase its levy limit base for
payable 1990 by three percent over the previous year plus whichever is greater:
one-half of the percent of increase in the city's population or one-half of the
percent of increase in the number of its households.
8 If the special session changes levy limits for payable 1990, the Department of
Revenue will certify the new levy limits for cities as soon as possible after the special
session.
9 If a city used reserve funds in 1989 to reduce the amount of property taxes it levied
for payable 1989, the city cannot apply to the Commissioner of Revenue to
increase its levy limit for payable 1990. However, if a city used reserve funds in
1988 to reduce the amount of property taxes it levied for payable 1988 and it did
not apply to the Commissioner in 1988 to increase its levy limit for payable 1989,
the city can now apply to the Commissioner to increase its levy limit for payable
1990.
10 The deadline for cities to certify their proposed property tax levies to the county
auditor is changed from August 1, 1989 to October 1, 1989. If a special session of
the legislature changes this deadline, the Department of Revenue will notify all
cities immediately.
11 The deadline for cities to certify the final property tax levies to the county auditor is
changed from October 25, 1989 to November 9, 1989. If a special session of the
legislature changes this deadline, the Department of Revenue will notify all cities
immediately.
12 The amount of the final property tax levy which each city certifies to the county
auditor on November 9, 1989 cannot be greater than the amount of the proposed
property tax levy which the city certified to the county auditor on October 1, 1989.
Truth in Taxation requirements for cities with populations over 2,500
13 The 1988 tax law requires counties to prepare and mail Proposed Property Tax Bills
to property owners this year. However, because it is impossible for cities to certify
their proposed property tax levies to the county auditor until October 1, 1989,
counties cannot prepare and mail proposed property tax bills before the budget -
hearings of cities. As a result, there will be no proposed property tax bills this year.
14 Although counties cannot prepare and mail proposed property tax bills this year, to
provide property owners with advance notice of proposed property taxes payable in
1990, each city with a population over 2,500 is required to take the following
actions according to the following standards before its 1989 public budget hearings:
- a at least five weekdays before each city's public budget hearing, each city must
publish an advertisement which includes:
i the hour, date and place of the hearing;
~~
Summary and Instructions to Cities
Page 3
ii the total dollar amount of the proposed property taxes to be levied by the
city for payable 1990; "
iii the percentage of increase or decrease this amount represents over the
amount collected for the previous year;
iv a statement inviting all citizens to attend and participate in the hearing;
b the advertisement must be published in the newspaper of general paid
circulation published at least five days a week which is received by the greatest
number of people in the city;
c if the newspaper of general paid circulation received by the greatest number of
people in the city is published less frequently than five days a week, the
advertisement must be published in the next most-frequently published
newspaper of general paid circulation;
d the advertisement cannot be published in a section of the newspaper where
legal notices and classified advertisements appear;
e the advertisement must be no less than one-quarter page in size;
f the headline of the advertisement must be printed in no smaller than 18-point
type;
g if the budget hearing is recessed, the city must place another advertisement in
the same newspaper announcing the time and place for the reconvened
meeting; and
h the announcement of the reconvened meeting must appear at least two days
but no more than five days before the reconvened meeting.
15 Cities may schedule their public budget hearings on any day except Sunday.
16 Cities must schedule their public budget hearings after 5:00 p.m. unless the hearing
is to be held on a Saturday;
17 When certifying its budget for payable 1990 to the county auditor, each city must
mail to the Commissioner of Revenue a copy of the newspaper advertisement
"announcing its public budget hearing.
18 If the Commissioner of Revenue determines that any city has not substantially
complied with the above requirements for holding public budget hearings and
publishing an advertisement of the meeting, the Commissioner will notify the
county auditor of the county in which the city is located. The county auditor will
then require the city to use a tax rate for payable 1990 which will result in the city
collecting the same amount of property taxes it collected for payable 1989.
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 177
Agenda July 24, 1989
Issue Statement:
Authorization to participate in a joint powers agreement for a
I35W Council.
Background:
A I35W Council is being formed in an effort to keep the I35W
improvement project on schedule. The I35W Council will be
composed of 40 members representing Burnsville, Bloomington,
Lakeville, Apple Valley, Richfield, Savage, Eagan and Dakota
County. Each entity will have four members, made up of one
elected official, one business representative, one staff member
and one citizen. Burnsville, Bloomington and Dakota County each
will have two additional at-large members and Lakeville will have
one additional at-large member. Agencies such as the Minnesota
Department of Transportation, the Regional Transit Board and the
Metropolitan Council will have nonvoting memberships.
Minneapolis and Hennepin County may also join.
The purpose of the I35W Council is:
1. To improve traffic flow and capacity on I35W in order to
- meet the needs of the existing population
- reduce negative environmental impacts such as congestion
- accommodate future growth and development.
2. To provide a forum for citizens, businesses and local
government to discuss, develop and promote solutions to the
I35W congestion problem.
3. To keep the I35W improvement project on schedule.
The I35W Council will become official once its member communities
and governing bodies sign a joint powers agreement. A copy of
the agreement is attached to this council letter.
Richfield's participation as a member of the I35W Council will
cost $2,500 annually, beginning in 1989. The joint powers
agreement will allow the I35W Council to use allocations from
member cities to pursue success of the project. The Council will
also work to keep people informed of its progress.
Recommended Motion:
Authorize the city manager and/or mayor to execute the Agreement
for the City of Richfield to become a member of the I35W Council.
Basis of Recommendation:
The City of Richfield has been and continues to be very involved
in the various traffic studies affecting the community.
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Alternative Recommendation:
Do not join the 235W Council.
Discussion/Decision Mode:
This item is on the July 24 Council agenda. Although action need
not be taken at this time, it is hoped all proposed members of
the 135W Council will execute the agreement in July of 1989.
Respect
Ja
Ci
submitted,
ser
JDP/sdr
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JOINT POWERS AGREEMENT
ESTABLISHING THE I-35W COUNCIL
r7/12/89
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JOINT POWERS AGREEMENT
ESTABLISHING THE I-35W COUNCIL
The parties to this Agreement are governmental units of the
State of Minnesota which have land in the Interstate 35W corridor, or
are impacted by I-35W. This Agreement is made pursuant to the
authority conferred upon the parties by Minnesota Statute §471.59.
1. Name. The parties hereby create and establish the I-35W
Council.
2. General Purpose. The purpose of this Agreement is for the
members to jointly and cooperatively provide an organized effort to
improve traffic flow and capacity on I-35W.
3. Definitions.
Subdivision 1. "Councils means the organization created by
this Agreement the full name of which is sI-35W Councils It shall be
a public agency of its members.
Subdivision 2. "Board" means the Board of Commissioners of
the Council.
Subdivision 3. sExecutive Committees or sCommittees means
the executive committee elected by the Board.
Subdivision 4. "Ex-Officio Members means a person or entity
selected by the Council to have special status with the Council, with
only the rights specified in this Agreement.
Subdivision 5. sGoverning Bodys means the governing body of
a governmental unit which is a member of this Council.
Subdivision 6. "Governmental Units means any city or county
which is a signatory to this Agreement.
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Subdivision 7. "Member" means a governmental unit which
enters into this Agreement.
4. Membership.. The membership of the Council .shall consist of
the following governmental units:
City of Burnsville
City of Bloomington
City of Lakeville
City of Richfield
Dakota County
City of Apple Valley
City of Minneapolis
City of Savage
No change in governmental boundaries, structure, organizational
status or character shall affect the eligibility of any governmental
unit listed above to be represented on the Council as long as such
governmental unit continues to exist as a separate political
subdivision. Any other governmental unit may become a member upon
unanimous approval of the parties.
5. Board of Commissioners.
Subdivision 1. The governing body of the Council shall be
its Board which shall consist of forty-one (41) Commissioners
appointed as follows: Four Commissioners from each Member and one
alternate from each Member. Burnsville, Bloomington, Dakota County,
and Minneapolis shall each be entitled to appoint two additional
Commissioners for a total of six. Lakeville shall be entitled to
appoint one additional Commissioner for a total of five. Each Member
shall appoint one Commissioner from each of the following groups:
elected officials, staff, business, citizen at large. Members with
more than four Commissioners shall appoint their additional
Commissioners as at large Commissioners. The Governing Body of each
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Member shall appoint its Commissioners and its alternate. Each
Commissioner shall have one vote.
Subdivision 2. The term of each Commissioner shall be three
years and until their successors are selected and qualify, and shall
commence on January 1, 1989.
Subdivision 3. A Commissioner may not be removed from the
Board prior to the expiration of his or her term, unless the
Governing Body who made the appointment votes to remove the
Commissioner. Removal of a Commissioner shall not require
ratification or any other action by the Board. Removal under this
Subdivision shall create a vacancy which shall be filled pursuant to
Subdivision 7 of this Section.
Subdivision 4. Commissioners shall serve without
compensation from the Council, but this shall not prevent a
governmental unit from providing compensation for a Commissioner for
serving on the Board.
Subdivision 5. There shall be no voting by proxy, but all
votes must be cast by the Commissioner or designated alternate at a
Board Meeting. An alternate may cast one vote only in the event one
or more of the Commissioners from that Member are absent.
Subdivision 6. A majority of the Commissioners shall
constitute a quorum.
Subdivision 7. A vacancy on the Board shall be filled for
the remainder of the term by the Governing Body who made the
appointment.
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6. Executive Committee.
Subdivision 1. After adoption of this Agreement, and in
January of each year thereafter, the Governing Body of each Member
shall elect from its Commissioners one delegate and one alternate to
serve on the Executive Committee, which shall consist of one delegate
from each Governmental Unit and three at large delegates. The at
large delegates shall be elected by the Board from its Commissioners.
The Executive Committee shall report to the Board.
Subdivision 2. At the first meeting of the Committee, and
in January of each year thereafter, the Committee shall elect
officers as it deems necessary to conduct its meetings and affairs.
Each officer shall hold office until his/her successor takes office,
earlier disqualification, death, resignation, or removal.
7. Ex-Officio Members. The Minnesota Department of
Transportation, Metropolitan Council, Hennepin County, Regional
Transit Board, Scott County Transportation Coalition, Improve 494,
Minneapolis I-35W EIS Community Task Force, and the City of Eagan
shall be Ex-Officio Members of the Council. The Council may designate
additional Ex-Officio Members. Ex-Officio Members may participate in
discussions of the Council but may not vote. Ex-Officio Members shall
be sent notices of all meetings, but a failure to notify shall not
invalidate any action. The Council may establish such further rules
for Ex-Officio Members as it deems fit and proper.
8. Powers and Duties of the Council.
Subdivision 1. The powers and duties of the Council shall
include the powers set forth in this Section.
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Subdivision 2. It may prepare and adopt a plan to improve.
traffic flow and capacity on I-35W;
Subdivision 3. It may seek passage of legislation at the
local, state. and federal levels authorizing and providing for
improvements to the I-35W corridor.
Subdivision 4. It may cooperate with the Minnesota
Department of Transportation and participate in preparation of
environmental impact analysis of I-35W improvements, including
preliminary geometric design and evaluation of high-occupancy vehicle
lanes and transit on I-35W.
Subdivision 5. It may research and recommend funding
strategies for I-35W construction.
Subdivision 6. It may research travel demand management
strategies and ordinances, develop model ordinances and recommend
joint action on such strategies and ordinances by the Members.
Subdivision 7. It may research and make recommendations to
the Members regarding other matters related to the Council's purpose.
Subdivision 8. It may cooperate with the Metropolitan
Council, Regional Transit Board and Metropolitan Transit Commission
to develop transit operation plans.
Subdivision 9. It may monitor land use development, traffic
volumes and travel characteristics in the I-35W corridor.
Subdivision 10. It may consult with persons knowledgeable in
transportation, such as research organizations, educational
institutions, other political subdivisions, regulatory organizations,
technical experts, and any other persons who can provide pertinent
information.
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Subdivision 11. The Council may cooperate or contract with
the State of Minnesota or any subdivision thereof or federal agency
or private or public organization to accomplish. the purposes for
which it is organized.
Subdivision 12. The Council may contract for or purchase
such insurance as the Board deems necessary for the protection of the
Council.
Subdivision 13. The Council may accumulate reserve funds for
the purposes herein mentioned and may invest funds of the Council not
currently needed for its operations.
Subdivision 14. The Council may collect money, subject to
the provisions of this Agreement, from its Members and from any other
source approved by a majority of its Board.
Subdivision 15. The Council may make contracts, employ
consultants, incur expenses and make expenditures necessary and
incidental to the effectuation of its purposes and powers. No action
may be taken to approve contracts in excess of $5,000 unless six (6)
or more Members approve, and by a 3/5 vote of Commissioners present
at the meeting.
Subdivision 16. The Council shall cause to be made an annual
audit of the books and accounts of the Council and shall make and
file a report to its Members at least once each year.
Subdivision 17. The Council's books, reports and records
shall be available for and open to inspection by its Members at all
reasonable times. The Council's records shall be available for
inspection by the public pursuant to Minnesota Statute Chapter 13.
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Subdivision 18. The Council may recommend changes in this
Agreement to its Members. An Amendment to this Agreement shall be
adopted in the same manner as the original approval of this
Agreement. The Effective Date of the Amendment shall be as provided
in Section 14 of this Agreement.
Subdivision 19. The Council may exercise all other powers
necessary and incidental to the implementation of the purposes and
powers set forth herein.
Subdivision 20. Each Member reserves the right to conduct
separate or concurrent studies on any matter under study by the
Council.
9. Meetings.
Subdivision 1. The Board shall meet at least semi-annually
on a schedule determined by the Board.
Subdivision 2. Special meetings of the Board may be called
by the Chair or upon written request of a majority of the
Commissioners. Five days written notice of a special meeting shall
be given to the Commissioners, unless waived in writing by each
Commissioner.
Subdivision 3. Meetings of the Board shall be open to the
public.
10. Officers.
Subdivision 1. Number, election, qualifications - The
officers of the Board shall consist of a Chair, a Vice-Chair and a
Secretary/Treasurer. Each officer shall be elected annually by the
Board and shall hold office until his/her successor takes office,
earlier disqualification, death, resignation, or removal. All
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officers must be Commissioners. No more than one Commissioner of a
Member shall be elected an officer during the same term.
Subdivision 2. Chair; Vice-Chair - The Chair shall preside
at all meetings of the Board and shall perform all duties incident to
the office of Chair, and such other duties as may be delegated by the
Board. The Vice-Chair shall act as Chair in the absence of the
Chair.
Subdivision 3. Secretary/Treasurer - The Secretary/
Treasurer shall be responsible for keeping a record of all the
proceedings of the Council. The Secretary/Treasurer shall send
written notice of meetings and material pertaining to agenda items to
each Commissioner. The Secretary/Treasurer shall have custody of the
Council's funds, shall pay its bills, shall keep its financial
records, and generally conduct the financial affairs of the Council.
The Secretary/ Treasurer shall be responsible for such other matters
as shall be delegated to him/her by the Board.
Subdivision 4. Other Officers - The Board may appoint such
other officers as it deems necessary. All such officers shall be
Commissioners.
11. Finances.
Subdivision 1. The Council funds may be expended by the
Board in accordance with this Agreement in a manner determined by the
Board. The Board may designate one or more national or state bank or
trust companies authorized to receive deposits of public monies to
act as depositories for the Council funds. The Council shall
designate four (4) Commissioners who shall be authorized to sign
instruments. In no event shall there be a disbursement of Council
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funds without the signature of at least two of the designated
authorized signatories. The Secretary/Treasurer shall be required to
file with the chair of the Board a bond in the sum of at least
$10,000 or such higher amount as shall be determined by the Board.
The Council shall pay the premium on the bond.
Subdivision 2. General Administration. Each Member agrees
to contribute each year to a general fund of the Council, said fund
to be used for general administration purposes including, but not
limited to: salaries, supplies, carrying out the purpose of this
Agreement, insurance and bonds. The annual contribution by each
Member shall be determined in accordance with a funding formula
approved by the Board, and shall be paid by March 1 of each year.
The initial contribution by each Member shall be as follows:
- Burnsville $10,000 Lakeville $7,500
_ Dakota County $10,000 Richfield $2,500
Bloomington $10,000 Apple Valley $5,000
Minneapolis $10,000 Savage $2,500
The initial contribution shall be.paid within sixty (60) days after
the Effective Date of this Agreement.
Subdivision 3. The funds accumulated in the General Fund
shall not exceed $125,000 at the close of any fiscal year. If the
General Fund exceeds $125,000 at any given time, the Board shall take
action as it deems appropriate, including pro-rata refunds to
Members, to stay under the General Fund cap.
Subdivision 4. On or before July 1 of each year, the Board
shall adopt a general administrative budget for the ensuing year and
decide upon the total amount necessary for the general fund. The
Secretary/Treasurer of the Board shall certify the budget on or
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before July 1 to the clerk of each Member Governmental Unit, together
with a statement of the proportion of the budget to be provided by
each Member. By August 1 of each calendar year, the Governing Body
of each Member shall review the budget and shall either approve the
budget, recommend modifications to the budget, or withdraw from the
Council, and give notice of its action to the Council. The budget
shall be deemed approved by a Member in the absence of action by
September 1. Final action adopting a budget for the ensuing calendar
year shall be taken by the Board on or before September 15 of each
year. Final action adopting the budget shall require approval of six
(6) or-more Members, and a 3/5 vote of Commissioners present at the
meeting.
Subdivision 5. Any Member may withdraw from the Council by
giving notice to the Council of such action by the Members Governing
Body prior to August 1. Any Member withdrawing under this provision
shall have no further liability or obligation to the Council except
for payment of its contribution for the year in which it withdraws,
and shall not be entitled to any refund from the Council. The
withdrawal shall be effective on December 31 of the year of
withdrawal, unless an earlier date is specified by the withdrawing
Member.
Subdivision 6. Any Member which has withdrawn from the
Council, may continue as an Ex-Officio Member without further
financial contribution to the Council.
12. Duration.
Subdivision 1. Each Member agrees to be bound by the .terms
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of this Agreement until December 31, 1995, and it may be continued
thereafter upon the agreement of all the Members.
Subdivision 2. This Agreement may be terminated prior to
December 31, 1990, by the written agreement of 3/5 of the Members.
Subdivision 3. In addition to the manner provided in
Subdivision 2 for termination, any Member may petition the Board to
dissolve the Agreement. Upon 30 days' notice in writing to the clerk
of each Member Governmental Unit, the Board shall hold a hearing and
upon a favorable vote by 3/5 of all eligible votes of then existing
Board members, the Board may by resolution recommend that the Council
be dissolved.' The resolution shall be submitted to each Member
Governmental Unit and if ratified by 3/5 of the Governing Bodies of
all eligible Members within 60 days, the Board shall dissolve the
Council allowing a reasonable time to complete work in progress and
to dispose of personal property owned by the Council.
13. Dissolution. Upon dissolution of the Council, all property
of the Council shall be sold and the proceeds thereof, together with
monies on hand, shall be distributed to the eligible Members of the
Council. Such distribution of Council assets shall be made in
proportion to the total contribution to the Council required by the
last annual budget. The Council shall continue to exist after
dissolution for such period, no longer than six months, as is
necessary to wind up its affairs, but for no other purpose.
14. Effective Date. This Agreement shall be in full force and
effect when all 8 potential Members, delineated in Paragraph Four of
this Agreement, file a certified copy of a resolution approving this
Agreement and upon the execution of this Agreement by all the
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Members. All Members need not sign the same copy. The resolution and
signed Agreement shall be filed with the City Manager of the City of
Burnsville, who shall notify all Members in writing of its effective
date and set a date and place for the Board's first meeting. Prior to
the effective date of this Agreement, any signatory may rescind their
approval.
IN WITNESS WHEREOF, the undersigned government units, by action
of their governing bodies, have caused this Agreement to be .executed
in accordance with the authority of Minnesota Statute §471.59.
Approved by the City Council
1989.
Approved by the City Council
1989.
Approved by the City Council
1989.
Approved by the City Council
1989.
CITY OF LAKEVILLE
BY:
Attest
CITY OF BURNSVILLE
BY:
Attest
CITY OF SAVAGE
BY:
Attest
CITY OF APPLE VALLEY
BY:
Attest
Approved by the City Council
1989.
CITY OF BLOOMINGTON
BY'
Attest
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Approved by the City Council
1989.
Approved by the Board of
Commissioners
1989
Dated:
CITY OF RICHFIELD
BY:
Attest
COUNTY OF DAKOTA
BY:
Attest
CITY OF MINNEAPOLIS
1989
BY:
Mayor
Attest:
City Clerk
Countersigned:
Minneapolis Finance Officer
Approved as to legality:
By:
Assistant City Attorney
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 176
Agenda July 24, 1989
Issue Statement•
Offstreet parking permit at 6941 Penn Avenue.
Background•
Don Johnson, DDS, has requested an offstreet parking permit at
6941 Penn Avenue. The parcel is located in a C-1, neighborhood
commercial district. The applicant intends to construct a 56'-8"
x 68'-6" structure which will house professional offices,
including a dentist office for the applicant.
On June 8, 1987, the Richfield City Council voted to approve a
change in zoning for the property. Staff has. been working with
applicant to obtain and clear title to this tax forfeited
property so that it could be developed and placed back on the tax
rolls.
Recommendation•
Approve the offstreet parking permit at 6941 Penn Avenue.
Basis of Recommendation:
1. All building setback requirements for the proposed
structure have been met.
_ 2. The abutting properties to the North and East are zoned
residential and are used for single family residential use.
The applicant has indicated on the site plan that a fence
will be placed on both the North and East property lines
to reduce the impact of the development on the neighboring
properties.
3. The proposed parking appears to be adequate for the
business which will occupy the site.
Alternative Recommendation:
City Council may deny-the offstreet parking permit at 6941 Penn
Avenue.
Discussion/Decision Mode•
This item is scheduled for council action at the July 24, 1989
City Council meeting.
Respe~fu~Cy/submitted
James Prosser
City anager
JDP:sae
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Maya~on do ~
. A:eac~ates, ~-4.,
~20z1 ' i Hennepin Avenue
~vlin lis, TrtN 55413
i ¢I2-3 ;-8660
~ ~~ ~~-~ EngincCrS
Surveyors
Planners
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June 13, 1989
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Mr. Bruce Palmborg
City of Richfield ~~
6700 Portland Avenue ~, ~i
Richfield, MN 55423
~~ i;
RE: Proposed Development at the intersection of
70th and Penn '~
OSM Camm. No. 4257.00 ~' ~~
Dear Bruce: ~ I~
~.
Attached please find a revised site drainage plan 'for ~~he dentist office proposed
to be constructed at the intersection of 70th and;Pen~ in the City of Richfield.
This plan prepared by Progress Engineering, inc., date~ June 7, 1989, and revised
June 9, 1989, has been reviewed and the following cpmmehi:s were made:
I,
1. The proposed site development will increase ~i~e l~wunt of stormwater storage
available in the intersection of 70th and Pejin ~ approximately, 2;000 cubic
feet. This increase, which will provide room fpr the additional volume of
runoff generated through the development of the~siite, was achieved by lowering
the elevation of the parking lot .and prov~din~ far additional stormwater
storage in a depression in the northeast cornjer of the building. This
depression in the northeast corner of the buildir~~ will serve as an overflow
basin and will only receive stormwater in the f~grm of direct precipitation
unless the water levels i n the intersection ;exceed elevation 133.3 at which
point water will overflow into the basin. A rain;all event having a 4~ chance
of occurrence {25 year event) would be expected o raise water elevations to
133.4. ;;
2. The site will be constructed with a retaining w 11 along the north property
line which will contain stormwater within the;sit ~~to elevation 133.6. if the
water elevation exceeds 133.6, water will ;ove tiop the retaining wall and
innundate areas to the north. This overflow; ele titian is approximately that
which occurs naturally on this site. xt shoyld f~~rther be noted that the low
driveway opening immediately north of this side ~ at elevation 133.5 and that
stormwater will be overflowing that driveway!sec~~ion prior to overflowing the
retaining wall.
3. The proposed minimum building opening elevat~pn for the site will be
established at elevation 136.0. This is 2.1 ~feetlabove the estimated 100 year
flood elevation of 133.9. ' ~
Equal ppponuni~y ftnployer
_.. ~
Mr. Bruce Palmborg
June 13, 1989 i
Page Two
~~
,~
Based on the above considerations, it is our opinion ~hat~the proposed pro3ect will
have no negative impacts in regard to stormwater ntaRag~~ent for the area in the
vicinity of the intersection of 70th and Penn. and wld recommend the City of
Richfield approve the stormwater management aspects o~ this pion..
Yery truly yours,
,;
ORR-SCHELEN-MAYERON
8 ASSOCIATES it
~~ ~ ~ ~
Peter R. Willenbring, P.E. i
Manager, water Resources Department j ~
I
PRW/tja
Enclosure ~s
~~ I.
cc: -Mike Eastling, City of Richfield
Dan Fondrick, City of Richfield ~ j~
Warren Israelsen, Progress Engineering, Inc. ~
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. .175
Agenda July 24, 1989
Issue Statement:
First reading of an ordinance amendment to Section 1, subsection
100.07 to adopt by reference Minnesota Statutes, 1988 supplement
and Laws of Minnesota, 1989.
Background:
The Richfield ordinance code includes, by reference, the
Minnesota Statutes.
The purpose of this ordinance amendment is to adopt the. Minnesota
Statutes 1988 supplement and Laws of Minnesota, 1989.
Recommendation:
Approve first reading of an ordinance amendment to Section 1,
subsection 100.07 to-adopt by reference Minnesota Statutes, 1988
supplement and Laws of Minnesota 1989, and schedule second
reading and the public hearing for the August 28, 1989 City
Council meeting.
Basis for Recommendation:
1. This action is necessary to incorporate the most current
State statutes and regulations into the Richfield City Code.
Alternative Recommendation:
1. Not approve first reading.
Discussion/Decision Mode•
First reading has been scheduled for the August 28, 1989 City
Council Meeting.
Respectfully submitted,
Ci
JDP:sae
. Prosser
~~
BILL NO.
AN ORDINANCE
RELATING TO THE CITY CODE: STATUTORY
REFERENCES: AMENDING RICHFIELD
CITY CODE, SUBSECTION 100.07
CITY OF RICHFIELD DOES ORDAIN:
Richfield City Code, Subsection 100.07 is amended to read
as follows:
100.07 Official statutes, codes, regulations, and
ordinances. References in this code to Minnesota Statutes are to
Minnesota Statutes 1986 1988, Minnesota Statutes, 1987 1989
Supplement and Laws of Minnesota 1988 1989, unless otherwise
provided in this code. References in this code to rules and
regulations of state agencies, codes, and ordinances of other
municipalities are to those documents in effect on July 1, 1988
1989, unless otherwise provided in this code.
Passed by the City Council of the City of Richfield this
day of 1989.
Steven J. Quam Mayor
Attest:
Thomas Ferber City Clerk
~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 174
July 24, 1989 Agenda
Issue Statement:
Public hearing on a request for a conditional use permit to
continue the operation of a heating/air-conditioning unit
maintenance business at 6445 20th Avenue.
Background•
Mr. Trent Brod has requested a conditional use permit at 6445
20th Avenue in order to continue to conduct a heating/air-
conditioning maintenance business out of his home.
Site development consists of a 38 x 38 foot single family
residence and a 26 x 38 foot garage on a 60 x 150 foot lot. The
conditional use permit would allow part of the basement
(approximately 260 square feet) to be utilized as a business
office.
The applicant has indicated that he employs five people and the
hours of operation are 7:30 a.m. to 5:00 p.m., Monday through
Friday. Materials and supplies are delivered approximately once `
a month and are stored in the applicant's garage. In addition,
three vans, two of which are kept on site when not in use, are
used in the operation of the business.
- The site is located in an "R" residential zoning district. A
home occupation with employed persons other than those occupying
the premises is a permitted use in an "R" residential district
with a conditional use permit.
Recommended Motion:
Deny the request for a conditional use permit at 6445 20th
Avenue.
Basis of Recommendation:
The Planning Commission recommended approval by a 4-3 vote with
the following stipulations: that the standards set in the
ordinance for a home occupation be met, that loading and
unloading take place in the garage and that there be no
fabrication or assembly of materials on the site.
Section 510.23, subdivision 2, states that a home occupation must
be conducted in such a manner that activities connected with it
are not noticeable from adjacent streets or residence lots.
Similarly, subdivision 8 states that the home occupation may not
adversely affect the residential character of the neighborhood
because of noise, parking or traffic resulting from the conduct
of home occupation.
Testimony at the Planning Commission meeting indicated that
substantial traffic, including semi-trailer trucks, is generated
_ as a result of the business; that parking of vehicles, whether of
the business, employees, salesmen or household, occurs in the
neighborhood; and noise is generated by material fabrication on
~~
site. This traffic, parking and noise would be both noticeable
and adversely affect the neighborhood.
Alternative Recommendation:
Approve the request for a conditional use permit at 6445 20th
Avenue.
Discussion/Decision Mode:
A public hearing is scheduled before the City Council at 7 p.m.,
Monday, July 24, 1989. Notice of the hearing was mailed to
property owners within 350 feet of the subject property and legal
notice was published in the Richfield Sun Current Newspaper on
July 12, 1989.
Respectful submitted,
James Prosser
City Manager
JDP:sae
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 173
July 24, 1989 Agenda
Issue Statement:
Public hearing on a request for a conditional use permit to allow
a quick-lube oil change shop at 1201 East 66th Street.
Background•
Mr. Rick Austin has requested a conditional use permit for a
quick-lube oil change shop at 1201 East 66th Street. The
existing 28 by 49 foot structure was originally built as an
automobile service station although more recent uses included a
sign company.
The site is located in a C-2, general commercial, zoning district
which permits a station of this type with a conditional use
permit.
Recommended Motion:
Approve the conditional use permit request with the following
stipulations:
1. That the two driveways located in the Northwest corner of
the parcel be eliminated.
2. That the two remaining driveways be widened to no less than
26 and no more than 32 feet.
3. One handicapped parking space be added to the parking plan
with a ramp entrance to the building.
Basis of Recommendation:
1. The Planning Commission unanimously recommended approval
of .the conditional use permit.
2. Section 520.19, subdivision 4, states the following:
"No driveway, at the point it crosses the property line
of the site, will be within 40'-0" of an intersection.
An "intersection", as used in this paragraph, means
the point of intersection of the extended curb lines."
3. Section 800.13, subdivision 2, states the following:
"No driveway from private property serving a commercial,
multifamily or industrial use entering a public street
may be less than 26'-0" nor more than 32'-0" in width."
4. Off-street parking requirements for the City of Richfield
state that at least one handicapped parking space must be
established per each 50 parking spaces on a commercial
site.
5. The elimination of two driveways and the additional
landscaping will result in a substantially improved
appearance and is consistent with that required of all new
commercial establishments.
~y-~
_ Alternative Recommendation:
1. The City Council may deny the conditional use permit if
a finding of fact determines that the conditional use
would have an adverse impact on the surrounding properties.
2. The City Council may deny the conditional use permit if
any of the stipulations cannot be met.
Decision/Discussion Mode:
A public hearing is scheduled before the City Council at 7 p.m.,
Monday, July 24, 1989. Notice of hearing was mailed to property
owners within 350 feet of the property and legal notice was
published in the Richfield Sun Current Newspaper on July 12,
1989.
Resp f lly submitted,
Jams Prosser
Cite anager
JDP:sae
1201 E. 66TH ST. ~~°~
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 172
Agenda July 24, 1989
Issue Statement•
Award of contract for the towing, impounding and storage of
vehicles for the City of Richfield.
Background•
Per council action on June 26, 1989, public safety staff
advertised for revised proposals to do the towing, impounding and
storage of vehicles. On July 11, 1989, three firms submitted
proposals.
Attached to this letter are comparisons of both weighted and
unweighted proposals by the three firms. The City is not bound
to award a contract to the lowest provider and may select the one
which would be most beneficial to the City of Richfield or to
negotiate a new Agreement.
After receipt of the proposals, each prospective firm was visited
to inspect and verify the equipment and facilities as specified.
Recommended Motion:
Award a two-year contract commencing October 1, 1989, to Chief's
Towing, 9701 Girard Avenue South, Bloomington, Minnesota.
Basis for Recommendation:
Chief's Towing submitted the lowest tabulation total of all three
proposals, and Chief's Towing has adequate equipment and
facilities to handle the service for the City.
Alternative Recommendation:
The Council may choose to award a contract to either Mark's
Towing or Morrow Auto Specialty should other factors like
proximity to the City, past experience, and/or selected towing
charges be considered as factors.
Discussion/Decision Mode:
In order to give the awarded firm the necessary time to set up
operations and coordinate with public safety clerical needs, the
contract should be awarded at the July 24, 1989 Council Meeting.
Respec ully submitted,
J s D. Prosser
City Manager
JDP:sae
~~~-~
CITY OF RICHFIELD, MINNESOTA
Bid Opening
July 11, 1989
11:00 A.M.
Towing, Impounding and Storage of Vehicles
for the City of Richfield Department of Public Safety
(Two Year Contract)
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 towing, impounding and storage of vehicles for
the City of Richfield Department of Public Safety, two year contract,
as advertised in the official newspaper on July 5, 1989.
Present: Thomas Ferber, City Clerk
Jack Erskine, Public Safety Director
Eileen Anderson, City Manager Representative
Bill Suech, Public Safety Department
The following bids were submitted and read aloud:
~TMIEIGHTED BROPOSALS
TEM CHIEF'S MARK'S M9RROW'S
Towing of impounded cars
trucks under 1~ ton cap.
mc's, scooters, etc. 540.00 534.50 540.00
Same outside of city 35.00 34.50 40.00
Mileage charge for same 1.50 1.00 1.00
1~ ton + trucks 40.00 45.00 65.00
Same outside of city 35.00 45.00 65.00
Mileage charge for same 1.75 1.50 2.00
Use of winch with tow (car) 10.00 15.00* 20.00
(truck) 20.00 35.00* 30.00
Use of a dolly(s) 25.00 25.00 25.00
Low-bed trailer oz truck 65.00 55.00 65.00
Storage charges:
1st 24 hours
Inside: 0.00 0.00 0.00
Outside: 9.50 0.00 0.00
Each add. 24 hours
Inside: 0.00 12.00 10.00
Outside: 9.50 8.00 7.00
*Mark's Towing proposal indicated S15 min./S30 per hour for cars,
and S35 min./S65 per houz for trucks. Since winching noz~rally
doesn't require more than 30 minutes (or half of the per hour
rate) the minimum charge is used for entry and. weighting.
~~~ ~
MEICHTED PROPOSALS
ITEM CI~iZEF' S MARK' S MORROW' S
Towing. of impounded cars
trucks under l~ ton cap.
mc's, scooters, etc.
Same outside of city
Mileage charge for same
1~ ton + trucks inside city
Same outside of city
Mileage charge for same
Use of winch with tow (car)
(truck)
Use of a dolly(s)
Low-bed trailer or truck
Storage charges:
1st 24 hours
Inside:
Outside:
Each add. 24 hours
Inside:
Outside:
TABULATION TOTALS:
.400.00 345.00 400.00
175.00 172.50 200.00
7.50. 5.00 5.00
160.00 180.00 260.00
105.00 135.00 195.00
5.25 4.50 6.00
20.00 30.00* 40.00
40.00 70.00* 60.00
25.00 50.00 50.00
65.00 55.00 65.00
0.00 0.00 0.00
76.00 0.00 0.00
00.00 96.00 80.00
26.00 64.00 5 .00
1,179.75 1,207.00 1,417.00
*Mazk's Towing proposal indicated S15 min./S30 per hour for cars,
and S35 min./S65 per hour for trucks. Since winching normally
doesn't require more than 30 minutes (or half of the per hour
rate) the minimum charge is used for entry and weighting.
All bidders supplied $1,000 bid security check.
The. City Clerk announced that the bids would be tabulated and
considered at the July 24, 1989 City Council Meeting.
Thomas P. Ferber City Clerk
AGREEMENT
This AGREEMENT made on the 1st day of ..August, 1989, by and
between the City of Richfield, party of the first part,
hereinafter called the OWNER, and Chief's Towing, Incorporated,
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
consideration hereinafter named agree as follows:
AGREEMENT:
The Contractor hereby agrees to provide towing, impounding
and storage of motor vehicles, as described and specified in the
attached specifications. This shall include the posting and
filing, with the Owner, all necessary bonds, documents and
guarantees which are necessary to assure complete compliance with
all terms of the specifications, which are incorporated herein
and made a part hereof.
PAYMENT:
The Owner shall reserve thirty (30) days, from the date of
compliance for inspection, trial and assurance that all
specification terms have been complied with.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first written above.
20
Proposal
_ Page two
CITY OF RICHFIELD,
By GW ~. ~i.
is Mayo j i
v
By ~ ~ ~ /~
is City Manager
\~~
CHIEF'S TOWING, INC., CONTRACTOR
.~
Its Pr~'s3cTent
21
DETAILED SPECIFICATIONS
FOR
TOWING, IMPOUNDING AND STORAGE OF VEHICLES
GENERAL
It is the intent and purpose of these specifications to specify
and detail the requirements for the intended purpose of retaining
a service to provide towing, impounding and storage of vehicles
for the City of Richfield, 24 hours per day, 365 days per year,
on an as-needed and directed basis. Such direction to be by the
City Manager, the Director of Public Safety, or authorized and
legal representatives of the Richfield Department of Public
Safety.
The contract for service shall commence on October 1, 1989 and
terminate on September 30, 1991, with the provision that the
contract may be extended on a bi-yearly basis upon mutual
agreement between both parties. Application for extension shall
be initiated by the performing contractor, and must be submitted
in writing at least sixty (60) days prior to the date of contract
expiration.
SPECIAL PROVISIONS
EQUIPMENT AND MANPOWER
In order to qualify for consideration under these specifications,
the potential contractor must own or have direct access to
satisfactory equipment and trained, available personnel, in order
to provide immediate and prompt service as ordered and requested
by the authorized City officials. The qualifying of bids to meet
this will not be permitted, such as the acquisition of equipment
being dependent upon bid award, etc.
The successful contractor must own or have available within three
(3) miles of the City's legal limits, the following equipment as
a minimum:
A. Two (2) tow trucks, one of which has a minimum
manufacturers gross vehicle weight of 24,000 pounds and
which is equipped with a crane and winch and both are
equipped to control the movement of a towed vehicle;
B. Tow trucks must be equipped with their own radio equipment
to allow radio communication with the Richfield Public
Safety Communication Center, and;
C. Equipment sufficient and designed to move: a completely
demolished vehicle by means of dollies or low bed trailers.
A listing of all equipment to be utilized shall be submitted with
the bid. Such listing shall show the make and model of all
7
equipment available for use under this contract, along with size
and all other pertinent information, such as specialized
equipment not necessarily herein specified,-but which may be a
factor in performing effectively and efficiently.
All equipment to be used by the contractor under this contract
shall be maintained in good repair and condition. The City
reserves the right to inspect the equipment periodically for the
purpose of determining that equipment condition is in conformance
with the terms and conditions of the specifications and the
contract.
RESPONSE TIME
Tow trucks are to respond to towing
within twenty (20) minutes of being
Communication Center_ In all cases
fail to respond to any call for tow
City reserves the right to call ano
the work.
requests and be on site
notified by the Public Safety
where the contractor shall
trucks within 20 minutes, the
then towing service to perform
If the contractor is called and is unable to respond due to
conditions beyond the contractor's control, the authorized City
officials shall be immediately so informed, and the right is
hereby reserved to cal' ancther service to perform the wcrk.
In the event that at any time, it becomes necessary for the City
to request the services of another towing service for the reasons
detailed above, the City retains the right to hold the contractor
retained under this contract responsible for any additional
charges over and above tze fee schedule recorded in this bid
proposal. Such charges shall be assessed only if the response
time is due to negligence or laxity on the part of the contractor
which might include equipment failure.
COPIMUNICATIONS
The contractor shall provide a constant telephone answering
service 24 hours a day for the purpose of receiving requests for
service pursuant to the contract. Contractor must provide and
maintain radio or telephone equipment in its tow trucks that
permit contact with the Richfield Public Safety Communications
Center.
LOCATION OF STORAGE AND PARKING LOT FACILITIES
In order to be considered for bid award all storage and parking
lot facilities and all equipment of the contractor must be
located within three (3) miles of Richfield's city limits.
Storage space within the City of Pichfield is preferable. Said
storage facility shall be fenced in a secure manner. The storage
and parking lot facilities must meet all of the applicable State
building code standards and municipal license and zoning
requirements.
8
The facilities proposed to be utilized under this contract must
have the capability of storing a minimum of one (1) vehicle
inside a building and a further capability of providing secure
storage for a minimum of twenty-five (25) vehicles outside. The
towing company shall provide adequate security to prevent
unauthorized access to the stored vehicles. The contractor
further warrants that it shall maintain a vehicle in inside
storage when so directed by an authorized official of the City
and shall honor any additional instructions for security measures
to be employed as designated by the City.
STORAGE CHARGE
The charge to the owner of a vehicle for storage of impounded
vehicles shall be bid as follows: The rate per day or part
thereof for the first day of storage and the rate per day
thereafter. No storage charges shall accrue until eight (8)
hours after a police ordered impound has been ordered.
OPERATION
Ali vehicles shall be towed, not driven, without damage to said
vehicle, to the storage facility.
It is the responsibility of the towin
the removal of the vehicle, to remove
associated with vehicular accidents.
shall be completed withcut additional
additional charge to the owner of the
~ company, in addition to
vehicular parts and debris
Such cleanup operation
compensation and without
vehicle.
SAFEKEEPING
The contractor shall be solely responsible for loss or damage to
any vehicle, including its contents and all equipment related
thereto, from the time of instruction at the scene to tow is
g~_ven until duly released to the registered owner or other person
entitled to possession.
No such vehicle shall be released without authorization by a
member of the Public Safety Department, or other person duly
authorized by the City.
The contractor shall permit, unless otherwise instructed by the
Public Safety Director or his designee, the owner or other person
entitled to possession of the vehicle (including insurance
adjusters) to inspect the vehicle during normal business hours.
Such inspection shall not cause any additional costs or fees to
be imposed. The contractor shall not permit the person making
inspection to remove from the vehicle any parts, equipment or
contents or to change or repair any part of the vehicle while it
is impounded unless so directed by the Public Safety Director or
designee.
9
RELEASE OF VEHICLES
No vehicle shall be released without authorization from the City.
Vehicles ordered held by the Public Safety Department shall not
be released without written authorization from-the Public Safety
Department.
The contractor shall have continuously on-call, sufficient
personnel to permit the return of impounded vehicles within one
hour after request of the owner or other person entitled to
possession, upon payment of fees and costs due to the contractor
and upon presentation of proof of ownership or entitlement to
possession.
DISPOSAL OF UNCLAIMED VEHICLES
A towed or stored vehicle which is or becomes an "abandoned motor
vehicle" as defined by Minnesota Statute 168B shall be disposed
of and the proceeds thereof distributed pursuant to the terms and
procedures provided by Minnesota Statutes. The contractor will
receive notification to dispose of impounded vehicles from the
Department of Public Safety after appropriate 15 day notice for
reclamation ha-s been made pursuant to Minnesota Statutes, Chapter
168B.
The contractor shall report all transactions of sale or disposal
and pay the proceeds received therefrom to the Public Safety
_ Department within two business days. A Disposition of Impounded
Motor Vehicle form must accompany the proceeds. When proceeds of
sale are adequate, the Contractor shall be reimbursed by the
Department of Public Safety for towing and storage costs within
30 days of receipt.
RECORD KEEPING
The contractor shall maintain records in the manner approved by
the Public Safety Director of all vehicles towed, stored,
impounded or otherwise received by it. The contractor shall
submit a monthly report on the last day of each month to the
Public Safety Director, and on a form and in a manner approved by
the Director, detailing all vehicles stored or released during
such month.
LIABILITY
The contractor will be held responsible for the loss of or damage
to the vehicle, equipment thereon, and contents from the time the
contractor or agent takes custody of the vehicle by hooking or
hoisting. The contractor shall take all p~-acautions necessary to
protect the public against injury, and will defend and save the
City harmless from all damages and claims of damage that may
arise by reason of the towing and storage of vehicles as provided
for hereunder and in the contract relating thereto.
10
The contractor shall be responsible for the vehicle and any
damage to or theft from said vehicle. The contractor shall store
the vehicle in a safe, secure, and fenced area. The contractor
shall remove any valuable movable property from the interior of
the vehicle and store the same in a safe, secure room or other
enclosure until returned to the owner at the time said vehicle is
released.
INSURANCE
At the time the executed contract and performance bond is
delivered to the City, the contractor shall also furnish executed
insurance policies or sufficient proof that these policies exist
in accordance with the following minimum insurance coverage
schedule:
1. Worker's Compensation Insurance covering all employees of
the contractor, or his agents, working under this
contract in accordance with State Worker's Compensation
Laws.
2. Public Liability Insurance: $600,000 Comprehensive
General Liability (including assault and battery).
3. Business Auto Policy with all coverages (all vehicles)
with $600,000 limits.
4. Garage Keepers Legal Liability Coverage written to
include comprehensive and collision coverage of at least
$200,000.
Each of these policies shall carry an endorsement which
reads:
"It is understood and agreed that the insurance provided
under the above mentioned policy and endorsement attached
thereto is hereby extended to apply to the liability imposed
by law on the City of Richfield for bodily injury and for
damage"to property, which liability is assumed by the Insured
under the towing agreement between the City of Richfield and
the Insured."
All responsibility for payment of any sums resulting from any
deductible provision, corridor, or self-insured retention
conditions of the policy or policies shall remain with the
contractor.
The contractor shall agree to provide to the Richfield City Clerk
five (5) days written notice in the event any policy is cancelled
or a material change is effected and each policy must contain a
provision that the insurer will notify the Richfield City Clerk
immediately if a policy is cancelled or a material change has
been effected.
II
INDEMNIFICATION
The contractor shall indemnify and hold harmless the City and its
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting
from the performance of the work provided that any such claim,
damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death,. or to injury to, or destruction of
tangible property (other than the work itself) including the loss
of use resulting therefrom and (b) is caused in whole or in part
by any negligent act or omission of the contractor, any
subcontractor, anyone directly or indirectly employed by any of
them for whose acts any of them may be liable.
TOWING CHARGES
A call for a private tow, which has been initiated by the Public
Safety Department, shall be charged at this contract rate for
services rendered. If an involved private owner/operator makes a
timely request for tow by other than the Contractor, such request
shall be honored by the Public Safety Department. In either
instance, the owner/operator is solely responsible for all
associated charges.
Any private vehicles towed and/or stored in error at the request
of the City will be returned to the owner at no charge.
- When a police officer has ordered a vehicle to be impounded, and
when the owner and operator thereof appears before the vehicle
has been towed, the tow truck operator shall release the said
vehicle without payment of any fee or towing charge upon
instruction from the police officer, dispatcher, or the City.
LOW BIDDER DETERMINATION
A priority weight, based on anticipated use volume has been
assigned to each bid item on the Proposal Form. The amount bid
on each item will then be multiplied by that priority weight,
giving that item a tabulation number. The tabulation number for
all items will then be added, resulting in a total tabulation
number. The bidder submitting the lowest total tabulation number
and meeting or exceeding the bid specifications will be
considered the lowest bidder. However, this contract is not
subject to the requirements of the Uniform Municipal Contracting
Law and, although the City will take into consideration the
determination as to which bid is lowest, the City is not
obligated to award the contract to that bidder, and the contract
may be awarded to any bidder or to any other person on terms
provided herein or any other terms in the best ir_-terests of the
City, in the sole and absolute discretion of she City Council.
12
INVESTIGATION OF BIDDER
The City reserves the right to inquire into the financial status,
past performance, and organization of any bidder.
PERFORMANCE BOND
The successful bidder, at the time of the execution of the
contract, shall furnish and at all times maintain a satisfactory
and sufficient bond in the full amount of the contract as
required by law with a corporate surety satisfactory to the City.
On or before the date that the contract between the City and the
Towing Service becomes effective, the contractor shall file with
the Richfield City Clerk an acceptable corporate surety bond in
the amount of $10,000, payable to the City of Richfield, and
subject to the approval by the Richfield City Attorney for the
faithful performance of all duties and obligations imposed under
the terms and conditions of the contract.
CONTRACTOR'S EMPLOYEES
The contractor performing under this contract shall assume all
and full responsibility of the conduct of its employees. The
Contractor guarantees that all of the employees performing under
this contract will be adequately trained in their profession,
will respond prcmptly to all calls, will provide safe and
adequate equipment (as herein specified), be clean and neat in
appearance, use decent language, free of profanity, and treat the
public courteously at all times.
INDEPENDENT CONTRACTOR `
Contractor shall be an independent contractor and neither the
Contractor nor its employees shall be agents or employees of the
City for any purposes.
COMPENSATION
Payment for services shall be those explicitly provided for
herein and the City shall not be obligated to pay any additional
compensation for any towing, storage or other services required
by this Agreement. The City is not responsible for any charges
for towing or storage, and the Contractor assumes all risk of
unpaid charges except as explicitly provided under the section of
this Agreement entitled "DISPOSAL OF UNCLAIMED VEHICLES."
TERMINATION
This contract may be termin~:ted by the City for any reason on 180
days written notice to the Contractor or may be terminated
immediately in the event of breach hereof by the contractor or in
the event this contract or any part hereof is determined by a
court to be contrary to state law.
13
#~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 171
Agenda July 24, 1989
Issue Statement:
Purchase of One-Ton Cab in Excess of $5000.
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.
On June 19, 1989, fire destroyed Unit #8378, a fully depreciated
3/4 ton public safety vehicle that the garage kept as a tow truck
after it was replaced earlier this year. The wrecker unit
attached to the cab was not damaged.
Since the garage has had a towing unit at our disposal, it-has
proven to be a valuable asset to our fleet; not only towing
maintenance vehicles, but public safety vehicles as well.
The City of Richfield participates in the Hennepin County bid
process. Thane Hawkins Polar Chevrolet was the lowest responsible
bidder for this type of truck chassis and cab at a cost of
$11,493.
Recommended Motion:
It is recommended that Council approve a purchase order to Thane
- Hawkins Chevrolet in the amount of $11,493 for the purchase of a
one-ton chassis cab.
Basis of Recommendation:
1. Staff believes this towing unit should be a permanent
addition to the fleet, since it proved invaluable when the
unit was in use.
2. The price quoted by Thane Hawkins is the lowest responsible
bid for this type of vehicle.
3. The Central Garage motor pool fund has sufficient monies
for this purchase.
Alternative Recommendation:
Council may choose to delay a decision on this item, however, we
are past the deadline for 1989 purchase of vehicles through the
Hennepin County bid process, and further delay would make it
impossible to secure a vehicle under the 1989 prices.
Discussion/Decision Mode:
Staff is asking for approval of this purchase at this time in
order to assure receiving this vehicle under the 1989 prices.
Res c lly submitted,
Jam D. Prosser
City Manager
JDP:sae
~~
__ CITY OF RICHFIELD, MINNESOTA
Council Letter No. 170
Agenda July 24, 1989
Issue Statement•
Request by Church of the Assumption for Temporary On-Sale Non-
Intoxicating Malt Liquor License for August 12 & 13, 1989.
Background•
On July 6,•1989 Assumption Church submitted a request for a
temporary license to serve non-intoxicating malt liquor (3.2
beer) in conjunction with their annual Assumption Fun Fest. They
are also requesting that the 3.2 temporary license fee be waived
along with the fees for their itinerant food and amusement
licenses.
The applicant is also requesting that the City Council pass a
resolution approving the Fun Fest as a civic celebration.
Recommended Motion:
Approve a fee waived temporary 3.2 beer license for August 12,
and 13, 1989, with the stipulation that the sale of 3.2 beer
cease no later than midnight on both dates, and submit proof of
liquor liability insurance coverage for the outside property on
which the beer will be served and consumed.
Waive the fees for the itinerant food and amusement licenses.
Basis of Recommendation:
1. The applicant has complied with the city codes pertaining to
a temporary on-sale beer license.
2. The applicant has agreed to supply additional liquor
liability insurance coverage.
3. The City has previously issued temporary on-sale beer
licenses for the Assumption Fun Fest.
4. The. City has previously wiaved fees for itinerant food and
amusement licenses in connection with the Fun Fest.
Alternatives:
1. The Council could decide to continue the request, however,
the applicant would like a decision as soon as possible so
that they can make the proper arrangements for the
celebration.
2. The Council could decide to deny the requests. The public
safety department has not found any basis for a denial. In
addition, the council has previously granted temporary on-
sale beer licenses in conjunction with the the Fun Fest and
other community celebrations.
-~/
.~-~
Decision/Discussion Mode:
The requests for the temporary
have been placed on the consent
beer license and the fee waivers
calendar for July 24, 1989.
Resp ully submitted
Jam D. Prosser
Cit Manager
JDP:sae
'~"-~®
~i
Church of the Assumption
305 East 77th Street
Minneapolis, Minnesota 55423 • 866-501 c~
July 6, 1989
City Council
City of Richfield
6700 Portland Avenue S
Richfield, MN 55423
Dear Council Members:
Attached are applications for Assumption Church's annual Fun Fest: an
application for itinerant food license, an application for itinerant places
of amusement,- and an application for non-intoxicating malt liquor license.
In as much as it is felt that the .Assumption Fun Fest is, in a sense, a civic
- celebration, it is requested that the City Council pass a resolution approving
the Fun Fest as a civic celebration on a daily basis for August 12 and 13, 1989;
and that all fees and bonds for the above mentioned licenses be waived.
Also attached with this letter are a diagram of the booths and activities, a
schedule of activities, a listing of the games being played in addition to Bingo
and the raffle, and a listing of foods to be sold at the various booths.
Thank you for your consideration.
Very truly yours,
z~' ~~.
Michael V. Dols
Parish Administrator
Att:
~~ ~~ t..~
Church of the Assumption
305 East 77th street
Minneapolis, Minnesota 55423 • 866-5019
TENTATIVE SCHEDULE OF ACTIVITIES
Assumption Church 1.989. FUN FEST
FRIDAY, AUGUST 1.1
5:30 PM * WORKERS MASS
6:30 PM * FINAL SET-UP
SATURDAY, AUGUST 12
8:00 AM * AUCTION ITEMS AVAILABLE FOR INSPECTION
9:00 AM * COFFEE AND ROLLS BOOTH OPENS
* AUCTION AND RUMMAGE SALE BEGINS
11:00 AM * ALL REMAINING BOOTHS OPEN
6:00 PM * ALL Ch'ILDREN'S GAME BOOTHS CLOSE
* COTTON CANDY 800TH CLOSES
* COUNTRY STORE CLOSES
8:00 PM * ICE CREAM 800TH AND BOOK NOOK CLOSE
10:00 PM * ALL ADULT GAME BOOTHS CLOSE
12:00 PM * ALL REMAINING BOOTHS CLOSE
SUNDAY, AUGUST 13
10:30 AM * POLKA MASS
11:30 AM * ALL BOOTHS OPEN
7:00 PM * RAFFLE DRAWING
* ALL BOOTHS CLOSE
~~
Church of the Assumption
305 East 77th Street
Minneapolis, Minnesota 55423 • 866-5019
ASSUMPTION FUN FEST
AU9USt 12th and 13th, 1989
GAMES
Adult Bingo ~ Lollipop Whee]
Ball Bingo Milk Bottle
Big Jack Over/Under
Bowling Panda Chance
Bumper Car Penny Pitch
-Checkerbcard Dart Pinball
Children's Bingo Pop Ring Toss
Dart Balloon Pot o Gold
Dunk Tank Spin Art
Fish Pond Sport Land
High Striker T-Shirt
Kool Pool
FOOD
Bratwurst
Candy Floss
Coffee/Roils
Country Stare
Fruit
Hamburger
Ice Cream
Pizza
Poiish/Hot Dog
Popcorn
Roast Beef
Tacos
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CITY OF RICHFIELD, MINNESOTA
Council Letter No. 169
Agenda July 24, 1989
Issue Statement-
Award of Contract for the 1989 Sealcoating Project.
Background:
In 1979, the City of Richfield began a phased project of roadway
improvement by sealcoating all of the city's bituminous streets.
A thin coat of emulsified oil is applied, then covered with rock.
This process rejuvenates the surface of the street, and prevents
it from deteriorating. This is the tenth year of a Council-
directed ten year program.
Allied Blacktop was the successful bidder for the 1987 project
with a bid price of $65,263.70. Bituminous Roadways was the
successful bidder for the 1988 project with a bid price of
$69,590.72.
A bid opening was held June 2, 1989 with the following results:
Allied Blacktop $129,073.90
Astech Asphalt Surface Tech. Corp. 123,397.50
Bituminous Roadways, Inc. 118,742.40
Recommended Motion:
It is recommended that council award a contract to Bituminous
Roadways, Inc. in the sum of $118,742.40.
Basis of Recommendation:
1. Bituminous Roadways, Inc. is the lowest responsible bidder.
2. The 1989 Street Division operating budget contains $185,000
for this project. The project includes staff time for
crack repairs and sweeping. Contractor's bid on estimated
quantities and costs will be monitored.
Alternative Recommendation:
Council may choose to reject all bids and direct staff to obtain
new bids. However, the three bidders include the top contractors
in the field, and the prices for the work are unlikely to be
lowered enough to justify the cost of the rebidding process.
Discussion/Decision Mode:
Staff would like to schedule this work as soon as possible. The
bidding documents specify that the bidders may withdraw their
proposals after 60 days of the bid opening. The 60 days will be
up on August 2, 1989.
submitted,
Ci
. Prosser
JDP/eja
~~_~^~
CITY OF RICHFIELD, MINNESOTA
Bid Opening
June 2, 1989
11:00 A.M.
1989 Seal Coating Project
Bid No. 89-14
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 1989 seal coating project, bid no.
89-14, as advertised in the official newspaper on May 10, 1989.
Present: Thomas Ferber, City Clerk
John Erskine, Public Safety Director
-„ Eileen Anderson, City Manager Representative
___. T-he following bids were submitted and read aloud:
_ I VENDOR I BID I TOTAL I
I ( SECURITY I I
I
Allied Blacktop i 5~ Bond i $129,073.90
I i I I
I Astech Asphalt Surface I h I
Technologies Corp i 5~ Bond i $123,397.50
I
Bituminous Roadways, Inc. I 5~ Bond I $118,742.40 I
_ I _.
The City Clerk announced that the bids would be tabulated and
considered at the June 12, 1989 City Council Meeting.
Thomas P. Ferber City Clerk
~~~
CITY OF RICHFIELD, MINNESOTA
Council Letter No. 168
Agenda July 24, 1989
Issue Statement•
Approval of Resolutions Declaring Costs to be Assessed for
Removal of Diseased Trees from Private Property for the Period
August 1, 1988 to December 31, 1988, and Setting Date of Hearing.
Background:
The costs to be assessed for the removal of Dutch Elm diseased
trees on private property for the period of August 1, 1988 to
December 31, 1988 have been determined to be $3903.02. The
property owner of a diseased tree has four options available:
1. Remove the tree themselves.
2. Hire and pay their own contractor.
3. Hire the city's contractor and pay for the removal within
30 days, or
4. Use the city's contractor and request that the cost of the
tree removal be assessed against their property tax.
In the period from August 1, 1988 to December 31, 1988, eight
property owners chose the fourth option. Two property owners
chose the option to pay the charges after the removal, but have
failed to do so. Therfore, these two property owners shall also
be assessed the cost of the tree removal. The original source of
funding to have the work done is through the city's Permanent
Improvement Revolving Fund. The property owner may prepay the
special assessment, but if it is certified on or before October
10, 1989, for the 1989 taxes, the interest rate is eight percent
with payment spread over three years.
Recommended Motion:
It is recommended that the city council adopt the attached
resolution declaring costs to be assessed and ordering the
preparation of the proposed assessment roll, and the resolution
setting the date of hearing on the proposed assessment for August
28, 1989.
Basis of Recommendation:
1. The work has been done with prior approval from the affected
residents.
2. Minnesota State Stature requires the County to be notified of
all special assessments.
Alternative Recommendation:
Council .may revise the special assessment roll as deemed
necessary following the public hearing.
~~.~-i
Discussion/Decision Mode:
All work was performed with prior approval from homeowners.
Staff is requesting adoption of the attached resolutions at this
time in order to meet certification deadlines.
Resp lly submitted,
Ja D. Prosser
Ci Manager
JDP:sae
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING ~~ ~~
PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES
FROM PRIVATE PROPERTY FOR THE PERIOD OF AUGUST 1, 1988 TO
DECEMBER 31, 1988.
WHEREAS, costs have been determined for the removal of
diseased trees from the following private properties in the City
of Richfield and the expenses incurred or to be incurred for such
work during the period of August 1, 1988 through December 31,
1988 amount to $3903.02.
Property Address
6639 Logan Ave.
7501 Xerxes Ave.
7426 Elliot Ave.
7105-4th Ave.
6612-2nd Ave.
7328 Aldrich Ave.
2832 W. 70~ St.
7514-15 Ave.
7220-Morgan Ave.
6512-22 Ave.
Property Identification Number
28-028-24-31-0052
32-028-24-42-0096
35-028-24-31-0117
34-028-24-11-0111
27-028-24-42-0068
33-028-24-14-0023
32-028-24-12-0062
35-028-24-42-0093
33-028-24-23-0034
25-028-24-24-0012
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota:
1. The total cost to be assessed against benefited
property owners is declared to be $3903.02.
2. The city clerk shall forthwith calculate the proper
amount to be specially assessed for such work against each
benefited property, and shall file a copy of such proposed
assessment in his office for public inspection.
3. The clerk shall, upon the completion of such proposed
assessment, notify the City Council thereof.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD THIS 24th
DAY OF JULY, 1989.
Steven J. Quam, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR DISEASED TREE
REMOVAL FROM PRIVATE PROPERTY FOR THE PERIOD AUGUST 1, 1988 TO
DECEMBER 31, 1988.
WHEREAS, by a resolution passed by the City Council of the
City of Richfield on July 24, 1989, the city clerk was directed
to prepare the assessment of the cost of removing diseased trees
from the following private properties in the City of Richfield
for the period August 1, 1988 through December 31, 1988.
Property Address
6639 Logan Ave.
7501 Xerxes Ave.
7426 Elliot Ave.
7105-4th Ave.
6612-2nd Ave.
7328 Aldrich Ave.
2832 W. 70~ St.
7514-15 Ave.
7220-Morgan Ave.
6512-22 Ave.
Property Identification Number
28-028-24-31-0052
32-028-24-42-0096
35-028-24-31-0117
34-028-24-11-0111
27-028-24-42-0068
33-028-24-14-0023
32-028-24-12-0062
35-028-24-42-0093
33-028-24-23-0034
25-028-24-24-0012
WHEREAS, the city clerk has notified the City Council that
such proposed assessment has been completed and filed in his
office for public inspection.
NOW, THEREFORE, BE ~IT RESOLVED by the City Council of the
City of Richfield, Minnesota:
- 1. A hearing shall be held on the 28th day of August, 1989,
in the city hall council chambers at 7 p.m., or as soon as
hereafter as it may be reached on the agenda, to pass upon such
proposed assessment and at such time and place all persons owning
property affected by said diseased tree removal assessment will
be given an opportunity to be heard in .reference to such
assessment.
2. The city clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published once in
the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the diseased
tree removal. He shall also cause mailed notice to be given to
the owner of each parcel described in the assessment roll not
less than two weeks prior to the hearing.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF RICHFIELD,
MINNESOTA THIS 24th DAY OF JULY, 1989.
ATTEST:
Steven J. Quam, Mayor
~.~~:3
Thomas P. Ferber, City Clerk