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09-23-85 agendaCITY OF RICHFIELD, MINNESOTA • Office - of.City Manager Council Letter No. 370 i Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Addition to the U.S. Swim and Fitness Center (Nautilus) Council Members, In May, 1985, the City Council approved an amendment to the PUD plan to.allow an addition onto the west end of the Nautilus Swim and Fitness Center. The addition was to provide additional women's locker room space, a fitness testing area and a screened trash storage area. The city's approval was subject to the following three stipulations: • 1. That employers strongly encourage their employees to park in the underutilized area north and east of the Marshall store in the Hub Shopping Center; 2. That the east curb out from 65th Street be widened to 32 feet and the radius.on the west side of the curb out be increased to 15 feet; and, 3. That handicapped stalls in the parking lot be at least 12 feet wide. Nautilus Swim and Fitness Center has recently changed its name to U.S. Swim and Fitness Center. They have submitted plans for the building addition and finds that the proposal differs from the plans submitted for Council approval in May. The differences include that the trash enclosure area would now be totally enclosed and an additional floor area not anticipated in the original plan would be constructed over the top of the trash storage area. The locker room expansion remains the same although it appears that there will be fewer lockers.provided in the space. The additional second floor area would now be used to provide space for 5 tanning beds. Because the floor area has been expanded on the second floor, the ratio of off - street parking space to gross floor area changes, which means that the proposal would not be in substantial compliance with the approved plan as required by city ordinances. • • Staff has reviewed this change and found that it would not adversely affect the development. The footprint of the building does not change. The trash enclosure area would be totally enclosed now and would present a much better appearance and much better control of the trash from the facility. The proposal would not result in any additional loss of parking nor in staff's opinion would it generate the need for any additional parking. The additional floor area would,provide services to the existing members and would not increase the membership. It appears from the drawings that the number of additional lockers provided would be fewer with the current proposal as compared to the proposal presented to the council in May. It is recommended that the City Council approve the revised plan subject to the three stipulations attached to the May Council approval outlined above. The City Council may refer this matter to the Planning Commission, however, it is staff's opinion that this is not a major change and would not merit Planning Commission review. Res ectfu ubmitted, John G Cartwr' ht City Manager JGC /eja i-_ P ROPOSED PLAN `46T,ll' �W A, /(o ;3 • .1 4 --- - I o�I�Cr h1p��" w�ic► —� _ ''�O�{�S G.' ?�.,��� � :rte -� ...� -__ _'�✓� '� !mss GTi f� . ��� D. iV`�t i 1i ✓ 7'wA(r..'si I PREVIOUS PLAN ir 71 40 NA K4 110 �JUNRIM kffm"7- INIM n I O '1� � PREVIOUS PLAN eoS NZ �� � �:, it � 1 — -�� — � ; i al I: I . : I s \1 ) i CJ� al CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 369 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of 'Richfield Subject: Resolution Amending Resolution No,. 7019`2 "Resolution Adopting Assessment on City Project No. 793, 1984 Alley Paving ", by Establishing Annual Interest Rate for Assessments. Council "_Members: On March 11, 1985, the Richfield City Council adopted Resolution No. 7019, "Resolution Adopting Assessment on City Project No. ?93, 1984 Alley Paving ". In that resolution it was stated that all assessments shall bear interest at a rate to be determined at the bond sale financing such improvements. A bond sale was then anticipated during the.summer -of 1985. Several months later, the Richfield School District asked to add their fire suppression improvement projects in the - special assessment bond sale. This has delayed the issuance of the bonds until at least October 14th. The City must certify the assessments to the County Assessor no later than October 10, 1985. Further, in order to spread the assessments, the�City must certify to the County a specific interest rate. The interest rate certified in similar assessment proceedings has been a`rate based upon the interest rate of the bonds issued to finance the improvements, as provided by statute. Generally, however, the 'bonds have been sold prior to the adoption of the assessment. Thus, the rate was already. established. In the current situation, the city is placed in a position of _setting the interest rate for the assessments prior to the sale of bonds. Evensen - Dodge, financial advisors to the city, anticipates a rate of between 8 1/2% and 9 %. The closer to the end of the year the bonds are issued the more likely the rate is to be at or near 9% This matter has been reviewed with the City Attorney and the recommendation is to proceed with the passage of the resolution. The attached resolution anticipates the interest rate to be per annum and establishes for the 1984 alley avin • 9� P 9% 198.. y paving assessments. It is recommended that the city P council adopt the attached resolution amending Resolution No. 7019 which sets the interest rate at 9 %. Respectful�jy submitted, hn G. Car wri t City Manager JGC /eja • :1 a 1 -3 RESOLUTION NO. • RESOLUTION AMENDING RESOLUTION NO. 7019 ADOPTING ASSESSMENT ON CITY PROJECT NO. 793, 1984 ALLEY PAVING, ESTABLISHING ANNUAL INTEREST RATE WHEREAS, pursuant to all applicable law, the city council adopted Resolution No. 7019 "Resolution Adopting Assessment on City Project No. 793, 1984 Alley Paving ", and WHEREAS, said Resolution No. 7019, provides that the assessments shall bear interest at a rate to be determined by the sale of bonds to finance the improvements, and WHEREAS, the City must certify a stated annual interest rate for such assessments in specific terms so that the assessments may be spread, and WHEREAS, said annual interest rate must be certifed to Hennepin County on or before October 10, 1985, and, WHEREAS, the City now .anticipates that interest rate for bonds issued to finance the improvements will be 9 %. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that Resolution No. 7019 be amended to state that all assessments shall bear an annual interest rate of 9 %, the anticipated average annual interest rate on bonds to be issued to finance the improvements. Passed by the City Council of the. City of Richfield, Minnesota this 23rd day of September, 1985• ATTEST: omas P. erber, Clty ler • John Hamilton, Mayor CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 368 Agenda September 23, 1985 • The Honorable Mayor and Members of the City Council City of Richfield Subject: Proposals For Submission To The National League of Cities Concerning Congressional Bills Or Current Presidential Positions Council Members: The Policy Committee of the National League of Cities (NLC) will meet December 8, 1985, to consider policy proposals submitted by member cities. The policy proposals are due to NLC by October 14, 1985. If the Policy Committee accepts the proposal, it will be submitted to the Resolutions Committee by the Policy Committee Chairperson as part of his or her committee report. The City Manager offers the following: 1. The MAC resolution on airport noise (see Exhibit A- memorandum by J. Robert Stassen dated 9/11/85). /11) . fU601 * tted , JGC /eja 6hn G. Garl`ri ity Manager, M E M O R A N D U M �j 1 -,2 DATE: September 11, 1985 NWO: Commissioners, Metropolitan Airports Commission ROM: J. Robert Stassen RE: NOISE Commissioner Jan Del Calzo has recently presented a proposed plan to encourage MSP's' home based airlines to expedite their plans to purchase Stage III aircraft, in order to provide some measure of relief from the ever increasing noise problem on and around the Minneapolis -St. Paul International Airport. The Commission has approved a feasibility study of her suggested plan, as well as a study of differential landing fees as an incentive for all airlines to acquire.the quieter Stage III aircraft. As we have seen already, her plan is innovative, but also controver- sial. Whether or not the study will indicate additional steps the Commission can take to attenuate; the noise problem remains to seen, but already her suggestion has caused the Commission and others to begin brainstorming to find other possible solutions to this perplexing problem. She should be applauded for her efforts. Although MAC has taken a leading role over the years in attempting to find solutions to the noise problem, and with MASAC and our two home based airlines, pioneered 17 programs to reduce noise problems t MSP, we cannot rest on our laurels. Airport neighbors who for years have been willing to put up with aircraft noise in hopes that a long term solution was near, now are finding the increased noise such that they are vigorously complaining to the Commission. With over 1200 telephoned complaints in July, there is no doubt the problem is becoming unbearable to many of our citizen neighbors in south Minneapolis, Richfield, Bloomington and portions of Dakota County. Although MAC has told the community that we are helpless to do much more about it due to Federal regulations and laws, we are still looked to as the body which should provide noise relief, and control the aircraft which use our airport. If Congress and Federal Government are the only ones that can take further effective steps to alleviate this problem, then I believe it is the Commission's responsibility to lead the way to help our affected neighbors make their message heard where it can do the most good. I therefore propose that MAC launch a program of bringing to bear all the pressure that we can on Congress and the Federal regulators to take steps to solve the problem, or to allow airport authorities more means to alleviate the problem on a local level, or both. 0 As a first step, I propose that MAC adopt the attached resolution to be presented to the appropriate committee at the AOCI conference in Los Angeles in October, and urge its adoption. A copy should also be forwarded.to the Minnesota Congressional Delegation in Washington, D.C. and to the DOT, with a strong letter urging prompt action. l � RESOLUTION / 09EREAS, deregulation of airlines has resulted in a dramatic increase Of air traffic, especially between the major hub airports in the United States, and WHEREAS, deregulation of airlines has resulted in a dramatic increase in landings and takeoffs at most major hub airports in the United States and a 60 percent increase in operations at Minneapolis -St. Paul International (MSP), and WHEREAS, deregulation of airlines has resulted in many new applications for gate and ramp space at most airports from existing as well as newly formed national and commuter airlines, many of which fly Stage II aircraft disposed of by other airlines, and WHEREAS, the program of purchasing Stage III aircraft by many airlines has not resulted in the permanent retirement of the Stage II aircraft being disposed of because newer airlines purchase and return them to service, and WHEREAS, under deregulation there are many overlapping and duplicative flights by competing airlines with low occupancy rates which unneces- sarily increase air traffic, exacerbating problem's of safety, noise, pollution, as well as inefficient use of aircraft, fuel, and the environment, and REAS, in Minnesota, the Metropolitan Aircraft Sound Abatement Council (MASAC), consisting of representatives of airport operators, airlines, impacted communities and the FAA, has initiated seventeen successful sound abatement programs and procedures which have now been reduced in effectiveness by the impact of greatly increased air traffic, and WHEREAS, it is being questioned whether the FAA has yet developed an adequate cadre of trained air traffic controllers to safely handle the increased air traffic without undue delays which lengthen flight time thereby creating more noise, pollution, and inefficient use of fuel and air space, and WHEREAS, the FAA, in order to maintain safe operations at many crowded airports, has had to abandon or adversely modify previously agreed to noise abatement procedures, including near abandonment of the highly successful preferential runway system at MSP, and WHEREAS, the general public is increasingly complaining to airport operators around the country about noise and air pollution problems, and WHEREAS, airport operators are too often unable to abate noise or correct pollution or safety problems due to federal preemption of their authority to control the use of airport facilities, based upon alleged adverse effects on interstate commerce, and WHEREAS, the wise use of the environment and natural resources should havea priority which should not always be subjugated to deregulated interstate commerce and unbridled competition, THEREFORE, the Metropolitan Airports Commission of Minnesota recommends the following resolution for adoption by the Airport Operators Council. International (AOCI), and urges Congress and federal regulators to adopt the following steps to help alleviate the problems and maintain safe and.'-environmentally improved conditions on and around commercial airports: 1:. A temporary and limited degree of airline regulation be rein- stituted in an attempt to accomplish a reduction in the number of flights between common points where occupancy is low. This need not unduly interfere with interstate commerce, but should be designed to restore common sense to use of air space, with- out imposing full regulation. This could be accomplished through a mandated cooperative effort of the airlines involved, mandated restrictions of the number of allowable flights on a route, or an awarding of routes,*as the situation dictates. These actions could reduce the duplication of low occupancy flights, reduce the excessive use of fuel, increase efficient use of aircraft and airspace, and reduce noise and pollution at both the point of origin and termination. This also would improve the ability of the Air Traffic Control System to handle flights in a safe and efficient manner. 2. Congress should direct the DOT or the FAA to conduct a six month study on ways-to encourage airlines to accelerate the modernization of their fleets in order to reduce airport noise, as currently proposed in the House Appropriations bill by Congressman Martin Sabo of Minnesota. 3. Congress should consider tax incentives, interest free loans or other measures which would encourage the purchase and use of Stage III aircraft or the modification of Stage II air- craft to achieve less noisy and more fuel efficient flights. 4. Congress should'consider an increased tax on commercial jet fuel to discourage continued long term use of Stage,Il aircraft which are not fuel efficient. These tax monies should be used to fund tax incentives for the purchase of Stage III aircraft. Subsidies should be diminished for air - lines not modernizing their fleets. 5. Federal authorities should enforce disposal or modification of all Stage II aircraft at a specified date and provide a reasonable schedule for phasing out such aircraft, allowing time to recapture investment in recently purchased aircraft. 6. Airport authorities should be allowed to apply to DOT for permission to institute and enforce operational restrictions where a major safety, noise or air pollution problem can be demonstrated to exist. The Metropolitan Airports Commission further directs staff to forward this resolution to the appropriate committee of AOCI, to members of the Minnesota delegation in Congress, to the Directors of DOT, the FAA, and other appropriate state and national regulatory bodies. s • s f:�' l (rn�\ NedonN 1301 PBnnsylvaniBAvenue NW Officers T�F oW W• D'C'' President of 20004 George v voinovicn C1f1111111 t2M Mayor, Cleveland. Ohio :�i2b�e' NLGlTIES first Vice President • Carol Bellamy Council President. New York, New York September 6, 1985 Second VicePresrdent Henry G. Cisneros Mayor, San Antonio. Texas Immediate Past President George Latimer Mayor, St. Paul. Minnesota Executive Director Alan Beals TO: Mayors and Managers of Direct Member Cities Executive Directors of State Municipal Lea lies From: Alan Beals, Executive Director Subject: Proposed Amendments to National Municipal Policy and Separate Resolutions, Annual Congress of Cities, Seattle, Washington, December 7 -11, 1985 DUE: TUESDAY, OCTOBER 15, 1985 The Policy Committees of the National League of Cities will meet from 9 :00 a.m. until 4:30 p.m., Sunday, December 8, in the Seattle Center. NLC's Resolutions Committee will meet at 1:00 p.m., Monday, December 9, also in the Seattle Center. Member cities and state municipal leagues are invited to submit policy proposals for consideration by these committees. DEADLINE FOR SUBMISSION All. advance proposals to amend the NLC National Municipal Policy and advance separate resolutions must be submitted to: Chairman, Resolutions Committee National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 To assure sponsors full rights to the NLC policy process, and to allow for distribution of advance proposals to NLC's membership, proposals must be received in NLC's office by the end of business on Tuesday, October 15, 1985. Ant pneJdenb Tom Bradley, Mayor. Los Angeles. Calitamis • Feld L Harrison. Mayor. Scotland Neck, North Carolina • William H. Hudnut, Ill. Mayor. Indianapolis. Indiana • Henry W. Mater, Mayor, Milwaukee. Wisconsin • Joule M. 1111411011" COUnCllwomen, Newoort News, Virginia • John A. Rousshls, Mayor, Savannah. Georgia • Charles Royer, Mayor. Seattle. Washington • Directors: Art Ash" Mayor, Nitro. West Virginia • Rose BesnrmN% Council Member, Vancouver. Washington • Robert R. Cantlne. Executive Oirector, Wyoming Association of Municipalities • Henry Cook, Council Member, Jacksonville, Florida • Jae W. D"S. Mayor, Huntsville. Alabama •Janos tL Ferguall , Mayor, Provo, Utan• Donald Frsan, Mayor, Minneapolis. Minnesota • Terry Goddard. Mayor. Phoenix, Arizona • Ron Gonaalnf Council Member, Sunnyvale. California • Gaol 0. Goodman, Executive Director, Michigan Municipal League • DonM E. Grlaet, Mayor. Santa Ana, California Richard Guthman, Jr., Council Member, Atlants, Georgia • Robert W Harpater, Executive Oirector, League of Iowa Municipalitip • DakNq Hudson, Council Member. Warrensburg, Missouri - Brendan J. Kennedy, Alderman, New Britain, Connecticut • Dud LastraAn, Mayor, Lafayette, Louisiana• Paul A. Lent Mayor, Alton, Illinois • Garaltl McCann. Mayor, Jersey City, New Jersey • Orlon J. D'NOM Council Member, Philadelphia. Pennsylvania • Pamela R Plumb, Councilor, Portland. Maine • Ruin H. Scott. Council Member. Rochester, New York • James W. Segel, Executive Director. ManaChuSettS Municipal Association • Lattta Shackelford, City Oirector. Little Rack, Arkansas • Raymond C. SM Executive Oirector, Florida League of Cities • Donald A. Slater, Executive Oirect Newark. League ot • nnesot X Wants. C & T oa loom Greenbelt. lift) Louls2a Mexico - Minsitte C. Member ch, Mayor Te Tarn, Charlotte. North Carolina • Donald Tucker, Counc,l Member. • • • Page Two September 6, 1985 FORM OF SUBMISSION National Municipal Policy for 1985, copies of which have been previously furnished to all member cities and state leagues, is the comprehensive policy statement of the National League of Cities. It is subject to amendment at each annual business meeting of NLC. Proposed changes to the 1985 National Municipal Pow licy should be submitted in the fora specified on the attached insert. Separate resolutions are short term expressions of the membership of the National League of Cities, typically endorsing or opposing specific Congressional bills or current Presidential positions. They do not become part of the continuing National Municipal Policy document but are transmitted to appropriate federal officials immediately following the annual meeting. Such resolutions auto matically die at the end of the calendar year following the Congress of Cities at which they were passed. The format to be followed for each resolution submitted is specified on the reverse side of the attached insert. Questions on the form or germaneness of policy proposals'or separate resolutions will be referred to a subcommittee of NLC's Advisory Council, appointed for that purpose by the NLC President, for recommendation to NLC's Resolutions Committee. The criteria used by the subcommittee in making their recommendations appear below under the subtitle "Guidelines for Preparation of Policy Proposals." PROCEDURES FOR CONSIDERATION OF ADVANCE SUBMISSIONS All proposals received in.NLC's offices before the end of business on Tuesday, October 15, 1985 will be assigned to a policy committee for consideration when the committees meet on Sunday, December 8, in Seattle. Members submitting proposals will be notified of the committee to which their proposal is referred and the time and place of the committee meeting. Sponsors of proposals or their representatives will be expected to appear before the full committee to present and discuss their proposal. If the policy committee accepts the proposal, it will be submitted to the Resolutions Committee by the policy committee chairperson as part of his or her .committee report. WWI Page Three September 6, 1985 If the policy committee rejects the proposal, the fact that the proposal was received by Tuesday, October 15 and was distributed to members in advance permits the sponsor to appeal the policy committee action to the Resolutions Committee during their meeting on Monday, December 9. PROCEDURE FOR CONSIDERATION OF PROPOSALS NOT SUBMITTED BY TUESDAY,' OCTOBER 15 A member of a policy committee may offer amendments to National Municipal Policy within his committee's jurisdiction or related separate resolutions during the policy committee meeting on Sunday, December 8. Policy Committees are composed of from three to seven members from each state nominated by the state municipal league. Member cities and state leagues are urged to work with their state committee delegation if they are unable to submit their proposal prior to the Tuesday, October 15 deadline. The Resolutions Committee will consider only policy committee reports, proposals from member cities and state municipal leagues received in NLC's offices by Tuesday, October 15, and recommendations of individual Resolutions Committee members. ANNUAL BUSINESS MEETING 9 Any certified voting delegate of a member city or state league may offer a National Municipal Policy amendment or a separate resolution for consideration at the Annual Business Meeting on Wednesday, December 11, 1985. However, any proposals not submitted to the voting delegates by the Resolutions Committee or the Board of Directors must be by petition presented to the presiding officer of the Annual Business Meeting no later than 1/2 hour prior to the meeting's Call to Order. To be accepted for floor consideration at the Annual Business Meeting, such a petition must receive a majority vote of all certified voting delegates present and voting. All proposals to amend National Municipal Policy and all separate resolutions, however submitted, require a 2/3 vote of delegates present and voting for passage. GUIDELINES FOR PREPARATION OF POLICY PROPOSALS NLC's Board of Directors has adopted the following guidelines for policy proposals to be considered for adoption at the Congress of Cities: 0 Page Four September 6, 1985 1. Whether acted upon as amendments to National Municipal Policy or separate resolutions, policy proposals a. shall - -in their subject matter -- concern shared policy and program needs, issues or problems of the nation's municipal governments; b. shall be concerned with federal government policy, and therefore, be addressed to federal government policy- makers; c. shall neither contradict nor duplicate existing NLC policy statements, except where they are intended to amend or repeal such policy; d. shall not compromise the independence or integrity of individual member cities to pursue any course of action adopted by appropriate municipal policy - making bodies; and e. shall not compromise the budget- making, program determining or priority setting role of the NLC Board. 2. As basic,-continuing organizational policy positions, proposed amendments to National Municipal Policy should specify city positions on_ federal roles and responsibilities, policy goals, purposes, principles and /or program characteristics within the broad subject areas covered by existing policy or authorized by Board action. They should not refer to proposed Congressional legislation by title, sponsor's name or bill number. 3. Non- continuing separate resolutions should be restricted to those action- specific items of short term utility addressed to the Congress or the President. In separate resolutions, specific reference to proposed legislation by title, sponsor's name or bill number is appropriate. 4. Separate resolutions shall be considered only when they do not conflict with or contradict existing National Municipal Policy. Further information regarding the NLC policy process may be secured prior to the Congress of Cities from: Bill Davis, Director Office of Policy Analysis and Development National League of Cities 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 626 -3030 (S.PLE NMP AMENDMENTS) Energy, Environment & Natural Resources 2.04 SOLID WASTE AND HAZARDOUS WASTE B. Hazardous Wastes and Materials Management 3. Policies m. Smaller Generator Exemption (�Pi4- s}tees�e�- attempt -te- determine -a�sat emantitp -ef - hssardane -evaa te- 3a -et�rr ent�p exerepte� -f rerR- 3ZERI4- regniatien- assd- arisether e�rreeti� *- e�ee�pteei- geeeeatera- see- g�egeei� �isge9sag- ef- ti�e�e- wastes -) Congress should enact legislation which would substantially reduce the existing exemption for small generators of hazar- dous waste from the current level of 1000 kilograms of waste per month. EPA should develop and promulgate regulations governing the hazardous waste management practices of small generators as soon after enactment as possible. EPA should provide technical assistance to states and local governments con- sidering regulating federally exempted hazardous waste generators. 11-50-/d • words to be deleted: strike thru text and enclose in arenthesis words 'to be added: underline text �. text to remain u=nchanged • (Sample Resolution) PROPOSED RESOLUTION OCEAN DISPOSAL OF NUCLEAR WASTES WHEREAS, the United States Navy has'a proposal to dispose of up to 100 defueled decommissioned nuclear submarines during the next three decades; and WHEREAS, one of the options is for ocean disposal of these submarines; and WHEREAS, the oceans are a food source for much of the world's population, and contamination of the food chain could have far reaching implications; NOW, THEREFORE, BE IT RESOLVED the National League of Cities should support the 1972 ban on all ocean dumping of nuclear wastes until it can be demon- strated that the safety and efficiency of ocean disposal offers less harm to human health and the environment than other practical alterna- tive methods of disposal. Typing Instructions • Margins should be one inch on all sides. • Courier 12 typing element. • Under the words "Proposed Resolution ", type title. • Make sure to type, in the resolution's sponsor (individual, city or state municipal league). Submitted by: Colorado Municipal League Date Received: (LEAVE BLANK) Referred to: (LEAVE BLANK) • 40 t �y CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 367 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Consideration of Metropolitan Aircraft Sound Abatement Council ( MASAC) Request for Membership Input On Its Goals, Its Priorities, and What Actions Can Be Taken To Meet The New Problems Council Members: Background Deregulation of the airline industry has helped to increase the number of airport operations (an operation is either a take - off or landing) and noise complaints. Where there used to be a dozen airlines operating from the Minneapolis -St. Paul International Airport there are now between two and three times as many. Metropolitan Airport Commission (MAC) staff report that there are 50 flights a day between Chicago and Minneapolis in 1985• However, if large capacity planes were used, and they carried near full occupancy loads, the actual number of flights could be held to about 15 a day. The airport had an average of 705 operations a day in May, 1982, and 168 noise complaints a month. In July, 1985, operations were at a record level of 1,104 a day, while complaints were 1,250! This represents a 40 percent growth in airline traffic in the last four years. The ability of MAC and the Metropolitan Aircraft Sound Abatement Council ( MASAC) to improve noise levels at the MSP airport is going backwards - it's getting worse, not better. MASAC Seeks Input At the August 27, 1985, MASAC meeting, the members concurred that because of the dramatic change at MSP in recent years, particularly in the number of operations, that MASAC should review its goals, re- examine its priorities and study what operational actions can be taken to meet the new problems. It was agreed to devote time at future MASAC meetings to address these issues. Chairman Walter Rockenstein in a communication dated September 6, 1985, has asked MASAC members to be prepared to • review its priorities. Each city.is asked to bring to the September 24, 1985, meeting input on these three q uestions: 1. A definition of what one would like to pursue as the criteria for the environmental capacity at the airport; 2. What aspect of our noise abatement program should 5. Require MAC to its expansion plans for more terminals, parking lots and related facilities and advise what impact these proposed activities will have on the number of daily operations; and, 6. Have MAC determine the feasibility to shift all general aviation uses to the reliever airports. The Minneapolis -St. Paul International Airport is vital to the seven - county metropolitan area economic health. This is acknowledged by most everyone. Yet, the solutions to the noise • be reviewed; and, 3. Suggestions for changes and /or additions in operational procedures of the MAC noise abatement program. The City Manager offers the following suggestions: 1. MAC investigate the feasibility of a plan to evaluate pilots on how quiet the landing or departure of their aircraft are (John Wayne Airport at Orange County, California); 2. Impose operating fees up to ten times higher for aircraft operating between 11:00 p.m. and 6:00 a.m. This approach is up for a vote at Palm Beach County, • Florida in October; 3. Forbid noisy aircraft operations during nighttime hours (i.e. Palm Beach County); 4. Investigate the feasibility of purchasing land adjacent to the airport which suffers the most from noise as possibly a more economical approach than other solutions (i.e. a second airport, federal subsidies to airlines for quieter aircraft engines). This acquired land could be used for industrial growth and recreational facilities (Seattle Airport example); 5. Require MAC to its expansion plans for more terminals, parking lots and related facilities and advise what impact these proposed activities will have on the number of daily operations; and, 6. Have MAC determine the feasibility to shift all general aviation uses to the reliever airports. The Minneapolis -St. Paul International Airport is vital to the seven - county metropolitan area economic health. This is acknowledged by most everyone. Yet, the solutions to the noise • 1 problems must be pursued at the local level as well as the national level of government. The July 29, 1985, letter from • Congressman. Bill Frenzel doesn't give any hope.for a financial incentive to airlines approach for quieter aircraft. Respectf��411 submitted, l John G. Cartw ght City Manager JGC /eja • • A/_ 2-/ Metropolitan Aircraft Sound Abatement Council (MASAC) Chairman: Walter Rockenstein, II 6040 28th Avenue South Past Chairs: Jan Del Calzo, 1979 -1982 Minneapolis, Minnesota 55450 Stanley W. Olson, 1969 -1979 (612) 726 -9411 Technical Advisor: Darrell Weslander MEMORANDUM TO: All MASAC Members FROM: Walter Rockenstein, Chairman DATE: September 6, 1985 • SUBJECT: Review of MASAC Priorities At the August 27 MASAC meeting, it was suggested that the Council review its priorities. Because of this, we request that the member- ship bring the following to the next MASAC meeting which will be held Tuesday, September 24, 1985. I. A definition of what one would like to purpose as the criteria for the environmental capacity of the airport; 2. What aspect of our noise abatement program should be reviewed; and 3. Suggestions for changes and /or additions in operational procedures of the MAC noise abatement program. /v NOTE: We realize that the September 24 meeting is the eve of Yom Kippur. Unfortunately the date was set early in the year and we are not able to change it without major inconvenience. Next year the MASAC meetings will not be scheduled to conflict with religious holidays. M • • • strl ti .41m. to mt. - posing. curfews, banning certain types 'of airplanes or taking other actions to try to reduce the, din. Airlines claim such rules.. . violate the rights of travelers, and some pi- lots warn that ill- advised noise - control pot ides- could, jeopardize safety. So far; airline officials concede, restric- tions haven't slowed industry growth. Ri. dership on commercial airlines is hitting record levels this year, up 13% from 1984... But- airlines complain they are - being. re c %0 s encourage p o a excel sive risks to reduce noise. California's Orange County, for in stance, awards more landing rights to air - lines with the lowest scores on noise moni . tors.it places around John Wayne airport.. Officials say the system has prompted pi- lots to develop quieter flying techniques.. . Pilot Competition . "We -tell airlines exactly how noisy each-. Bight was," says Christine Edwards, an ,{ turned away from some hot new markets,. . airport noise-control Six ddual- We quite. especially-in fast-growing an such as Is- eliminate overnight mail service, prompt frequently get calls from. pilots asking. how Up or Southern California's Orange County, some carriers to bypass Palm Beach they did." where - John Wayne Airport Is L clamping County and carry tourists .to nearby Fort Richard Deeds, chairman of the Airline down on commercial jet traffic Lauderdale instead, and eliminate a Pilots Noise Abatement. Cbmmittee, says Added Costs ~ .• ; planned cut-rate "night -owl" air service to- that program could reduce the pilots' mar San Diego: gin of safety. To reduce noise, readings on Airlines fewnoise- related controls will. Despite critics' complaints, jets have airport monitors, he says, pilots often try become increasingly common. Already, actually become. substantially quieter in to take off at steeper angles, use less most large- airports require jets to follow recent years, With a few exceptions, the power, and pull .their throttles back from prescribed routes —often at considerable noisy jets thatwere used in the 1M and high take -off levels at lower altitudes than added cost —to avoid residential areas. 19ft have been', phased out to meet FAA they should..Such techniques could reduce Even tougher restraints are . possible. Los regulations. New - generation jets sound their control over the airplane in an emer- Angeles International Airport, for instance;. about one- fourth as. loud as earlier air- gency, he says. which expects to handle 37 million passen- craft. Mr. Deeds also, contends that some air - gers this year, may restrict the number of . But such improvements haven't stopped lines use low-power Ianding techniques .to flights to reduce noise. demands for tight: noise controls. Airlines reduce noise, even though that reduces pi- "UlWaterally developed, uncoordinated want the FAA to set standards, but airport lots' control, impairs their ability to abort constraints" have become a "dagger operators vehemently oppose-federal inter- . landings, and forces jets -to approach run- pointed at the heart of-commerce," the Air vention.. They say communities might op- ways at angles. that give pilots. reduced Transport Association, an industry trade pose all new airport-construction- and'cre- visibility. group, said in a.recent petition asking the . ate- an even more serious economic .pinch The FAA. insists that. various noise- Federal- Aviation Administration to- inter- for, airlines -if. Wasbington takes away abatement procedures are safe. But Mr. vene. ` thefr> ability to. mediate between angry Deeds questions whether pilots should be "If such restrictions spread, pretty soon "homeowners, homeowners and airlines. concentrating on noise rather than safety- we'll be surrounded and have no place to The FAA refuses to assume broad re-- especially at- such crucial times as. take - go," says an Air Transport Association.. sponsibility, fearing that it could be judged off. spokesman-. . } liable- for noise - related damage claims "Pilots are getting pressured to do this: Islip's W. Kalbaugh says citizens have from residential landowners near airports.. competitive flying," he complains. "Peo- a right to some protection from noise. For "The FAA.has three boxes—,'In.' 'Out' and- ple should remember that one of the loud - years, he says, residential development 'Too Tough,' " says Walter Coleman, the est noises you can have is somebody crash - vas allowed very near to MacArthur Air-- operatfdns director of the. Air Transport : ing." c/ ' ✓"'/t, Increasln NbiseAMan'y g A Sparks", .0 pro ar Between Homeowners andAirlines p BY CwurrorHs Coom : p port because the facility was used only 'by . . Association. "This issue has ended up in s7afraepa.eerofTun wm.L sTamricuumA , s small, fairly quiet private planes and an. t the 'too-tough' box." Foryears, officials in Islip, N.Y., on the o occasional jet. Now, the noise from passen- S Still, the FAA has . south shore of Long Island tried to lure air C Cr jets unfairly. disrupts residents' lives c .great i lines to serve .sleepy MacArthur. Airport. a and; lowers their.. property values, he . t tion. Ingeneral, the agency says it will ac.. -Finally, in the -past. five years, the num -, s says.: c cept "reasonable" noise - related controls, her of commercial flights has tripled. But B But others warn that turning jets away b but objects to restrictions that "unduly" now many residents aren't so. pleased. m may hurt local economies. "While you're - i interfere with interstate commerce. The "The noise is most disruptive," com g going to be improving the quality of life for a agency, however, refuses to define those - plains Edward Kalbaugh, -a citizen activist. a a few, you're going to be reducing it for t terms exactly. and candidate for town supervisor. "Where t the vast majority," warns Hugo Unruh, I In the absence of uniform federal pol- I live, you can't sleep after about 6:30 in. , ,president of the Economic Council of Palm i icies. most serious noise battles windup in the morning. Closer in,. when a jet flies B Beach County, Fla. Officials there may im c court. That displeases airlines: which fear overhead, walls shake, windows rattle, p pose a curfew at the local airport and c courts won't recognize how piecemeal re- school classes have to stop what they're c charge higher landing fees to noisy air - . . strictions can undermine the national doing. You can't even carry on a converses p planes. t travel network'. "Courts have limited expe- tion." Islip's town fathers are now trying h hosing Business . r rience and don't look at the issue in its to limit jet flights at the airport, but air - " "We promote tourism and relocation of - - - whole context;" complains Richard Street; _ ' 'business here, but (noise restrictions)' just a a United Airlines vice president. Similar battles are being U Unruh. He fears the curfew would halt. d don't like the complicated, curved ap• shatters the desire of airport neighbors for d late -night People Express. Airline flights P down noise - But worse, they say some focal peace and quiet. Scores of airports are im• . b posing. curfews, banning certain types 'of airplanes or taking other actions to try to reduce the, din. Airlines claim such rules.. . violate the rights of travelers, and some pi- lots warn that ill- advised noise - control pot ides- could, jeopardize safety. So far; airline officials concede, restric- tions haven't slowed industry growth. Ri. dership on commercial airlines is hitting record levels this year, up 13% from 1984... But- airlines complain they are - being. re c %0 s encourage p o a excel sive risks to reduce noise. California's Orange County, for in stance, awards more landing rights to air - lines with the lowest scores on noise moni . tors.it places around John Wayne airport.. Officials say the system has prompted pi- lots to develop quieter flying techniques.. . Pilot Competition . "We -tell airlines exactly how noisy each-. Bight was," says Christine Edwards, an ,{ turned away from some hot new markets,. . airport noise-control Six ddual- We quite. especially-in fast-growing an such as Is- eliminate overnight mail service, prompt frequently get calls from. pilots asking. how Up or Southern California's Orange County, some carriers to bypass Palm Beach they did." where - John Wayne Airport Is L clamping County and carry tourists .to nearby Fort Richard Deeds, chairman of the Airline down on commercial jet traffic Lauderdale instead, and eliminate a Pilots Noise Abatement. Cbmmittee, says Added Costs ~ .• ; planned cut-rate "night -owl" air service to- that program could reduce the pilots' mar San Diego: gin of safety. To reduce noise, readings on Airlines fewnoise- related controls will. Despite critics' complaints, jets have airport monitors, he says, pilots often try become increasingly common. Already, actually become. substantially quieter in to take off at steeper angles, use less most large- airports require jets to follow recent years, With a few exceptions, the power, and pull .their throttles back from prescribed routes —often at considerable noisy jets thatwere used in the 1M and high take -off levels at lower altitudes than added cost —to avoid residential areas. 19ft have been', phased out to meet FAA they should..Such techniques could reduce Even tougher restraints are . possible. Los regulations. New - generation jets sound their control over the airplane in an emer- Angeles International Airport, for instance;. about one- fourth as. loud as earlier air- gency, he says. which expects to handle 37 million passen- craft. Mr. Deeds also, contends that some air - gers this year, may restrict the number of . But such improvements haven't stopped lines use low-power Ianding techniques .to flights to reduce noise. demands for tight: noise controls. Airlines reduce noise, even though that reduces pi- "UlWaterally developed, uncoordinated want the FAA to set standards, but airport lots' control, impairs their ability to abort constraints" have become a "dagger operators vehemently oppose-federal inter- . landings, and forces jets -to approach run- pointed at the heart of-commerce," the Air vention.. They say communities might op- ways at angles. that give pilots. reduced Transport Association, an industry trade pose all new airport-construction- and'cre- visibility. group, said in a.recent petition asking the . ate- an even more serious economic .pinch The FAA. insists that. various noise- Federal- Aviation Administration to- inter- for, airlines -if. Wasbington takes away abatement procedures are safe. But Mr. vene. ` thefr> ability to. mediate between angry Deeds questions whether pilots should be "If such restrictions spread, pretty soon "homeowners, homeowners and airlines. concentrating on noise rather than safety- we'll be surrounded and have no place to The FAA refuses to assume broad re-- especially at- such crucial times as. take - go," says an Air Transport Association.. sponsibility, fearing that it could be judged off. spokesman-. . } liable- for noise - related damage claims "Pilots are getting pressured to do this: Islip's W. Kalbaugh says citizens have from residential landowners near airports.. competitive flying," he complains. "Peo- a right to some protection from noise. For "The FAA.has three boxes—,'In.' 'Out' and- ple should remember that one of the loud - years, he says, residential development 'Too Tough,' " says Walter Coleman, the est noises you can have is somebody crash - vas allowed very near to MacArthur Air-- operatfdns director of the. Air Transport : ing." c/ ' ✓"'/t, c/ ' ✓"'/t, /y i o�F+ qq��s °33E�.� e3�6?� °�u�•�333$�atr.ug�uEg Y mares Fm 09a C� ■� �O.e.00 °Y31Vm��„Tm� Sloa�$aa3YY,9r _ °$ ♦+�Eo ��.. Ya4 � Eoo�e4fi -_Code 3 ex �Eo e. ° ova ° ' aT�aeeY oQaRSa� nOLOECa C °uo�vmE Eou °`a- =4�= mp °$cmE p °a �� as , � efi�e 3tl 8 e°abL !3- Opp p 5�1V�' ;p�VR� O 6V 9 �� a 6 E �� V � ` 6 4 0 Y $• Q o e a Cfi � • O. g a '�ee� �= t- • °p�a5g @ate �a,p.°', ' a Y pm =Cp p EZiia p e E 8 1 8Ea8E 3ia B5, � 6 Aws: C;bs I%= CL gR d Ifs- ;_ �_.. pSYKV g go i fi$ao• �V "9E �3a°9�Soa °c= 3aSo�Eoo�'e$ 3u °3. 2.o1 gC Jam V O yQyQyQppp a_ OCtlM.°. E'p$p �CyO 1- C p G0M. 6.02. ; mi I»30Z° � a's1 °so�a`m.�I II, i CL A4 1m ov m� a ♦� tee"' _C °v Ed prs "2'�E��° SO eCS� ;tom:_ .FM�a CCC mil! v yo • • Aviation.. adds. $ n, -to a -.on,q.r,1 '. he aviation industry has a - - Generating. $2.T billion a year,.or 3 per -. - in and indirect wages, it's estimated significant economic effect ors cent of. the region's economic output; to bring about $55 million in Rther _ the Twin Cities Area. It's = Employing more than 16,000 people = expenditures While some general aviation responsible for:. directly, most with the.commercial takes place at the•international airport, airlines; .._ ^, most occurs at the region's smaller airports. -- Generating ano th er; jobs in A 1984 study of one`of'those -- Flying _.. businesses serving the air transportation Cloud Airport- showed that the :. industry. _` surrounding. Eden Prairie area benefted The facts and figures come from a directly from the rotation -of. the airport- Metropolitan Council study done this year employees with The airport had 193 em in connection with the updating of the an annual payroll bf $3.6 million. The Council's policy plan for the region's.. purchase of local goods and services , airport system. They are from 1.983, the-. amounted to $§32,000; taxes paid were. ; - . most recent year for which data is... - $275,400. available. _ Another separate study was done ".The.study reminds usthatthe aviation earlier of the St Paul. Downtown Airport _ industry is extremely important to the - It showed -328 employees with a payroll-oi region as an economic resource and as a .. $6S. million, purchases of goods and_ Method of moving goods and people," services totalling $2.5 million, and' taxes' said Philip C..Carruthers, a Council mem= paid of about $223,000.. ber who serves on the Aviation Polio - ° - Indirect economic impacts of aviatiorr .. Plan Task Force: "Regional government" include money spent by visitorsorr has an important responsibility to - "hotels, restaurants, entertainment and enhance the region by protecting and other things. Some 187,000yisitors were improving the airport system.".. brought to the region in 1983 via private Of the jobs in the industry, 95 percent or business planes. No data is available are with commercial airlines, located at - on the number brought in by. commercial the Minneapolis -St. Paul International airlines.:;.: Airport. And 95 percent of those jobs are The Council, with the help of a con - with Northwest and Republic Airlines, .7 sultant, conducted six surveys to obtain which are based in the Twin Cities. Direct information for the economic impact- and indirect wages attributable to the analysis. Groups surveyed included ` industry account for $922 million= $879 airlines, providers of services taairports, million of that from commercial airlines.. ' freight handling firms, airport operators,. 17 pilots and businesses that use airports. , 4General aviation. " — business, private They were asked for their perceptions of and pleasure flying —also contributes the airport . system as well as economic substantially to the economy of the impacts of the system. - ■ region, the report said. Besides $43 million Nanny Anrr/ames _ - • • • C 7�2�•gs - s Notes taken at meeting with Darrel Weslander, Mayor John Hamilton, and, Don Priebe on airport noise. There's been an approximate 15% increase in air traffic at the Minneapolis /St. Paul Airport since deregulation of airlines. Deregulation has added to greater traffic and when there is greater traffic the compacity to handle the aircraft must be shifted to the parallel runways more and more. Some the added traffic recently has been from 2 commuter airlines plus Piedmont Airlines and the addition of more-Northwest and Republic Airline flights. More flights do not show a corresponding increase in passenger count. The competition for passengers means that an airline is reluctant to give up its passengers so therefore each airline schedules smaller aircraft to fly on a more frequent basis so that they can get their passengers from one major city to another major city without giving up that passenger to another competitor. In the case of smaller cities, deregulation has meant that there are fewer flights and higher ticket prices at the smaller city airports. This leads passengers from the smaller cities to drive to the Minneapolis /St. Paul airport to take advantage of more frequent flight schedules and lower fares. Darrel Westlander felt that Minneapolis /St. Paul airport serves 5 or 6 states. We discussed the power takeoffs for Northwest Airlines and Republic Airlines. From 0 to the first 1000 feet the airplane must use full power in takeoff because this is the point in time where safety is the greatest issue in getting the aircraft off the ground and full power is necessary. Northwest and Republic pilots after they reach 1000 feet reduce power until they reach 3000 feet. The reduction in power means less noise. Once the aircraft reachs 3000 feet, and the aircraft is further away from the airport, pilots then return to full power at this higher altitude which should have less of a noise impact on the residents on the ground. Other airlines that fly into the Minneapolis /St. Paul airport are being contacted by Darrel Westlander and being urged to follow the Northwest Airline procedure. FAA has approved the Northwest takeoff procedure. It was noted that the airport plays a very important economic role in the Twin Cities and to Richfield. Many employees of the airline industry live in Richfield. We discussed the environmental capacity concept. This is a relatively new concept and it means an effort could be made to determine how many aircraft operations in a 24 hour day an airport is capable of handling. The idea would be to establish an environmental capacity and.then the number of operations could not exceed that amount. It was also noted that the noise problem from the airport affects only a few communites and therefore only a few number of people comparatively speaking when you consider all of the people living in the Twin Cities area. It was also noted that when the airport expands its facilities by adding to . a concourse or adding additional parking for vehicles it encourages more aircraft operations. With more aircraft operations the airport must go to the parallel runway system which then generates more noise to the residents who live in the direct flight path of the parallel runway system. -2- %/_ 9 Recently it appears that the preferential runway program at the airport has broken down due to the high number of operations on a daily basis and the need to use the parallel runways more and more regardless of wind conditions. Most of the flights that use runway 4/22 are headed either to the west coast, to the south or southeast. Runway 4, when that is in use, must mix the incoming aircraft and sandwich those in with the outgoing flights. The preferential runway concept has roughly doubled the activity on Runway 4/22.; Darrel Westlander commented that some of the things that the Federal government could do in legislation would be to try to reduce the number of flights. However, with deregulation this is unlikely. He noted that at the present time there are 50 flights daily to Chicago and the number of passengers carried could be handled in 15 wide- bodied planes rather than the 50 smaller planes. We discussed the 180 degree departure turn. It was noted that before the 180 degree departure turn procedure, Runway 22 had approximately 43% of aircraft heading in a 200 degree direction. The other 57% of the aircraft tookoff heading either 220 degrees, 250 degrees or 350 degrees. After the 180 degree departure regulation was in use, 35% of the aircraft using Runway 22 were assigned the 180 degree turning movement to go down Cedar. The remaining aircraft or 65% were assigned either to 220 degrees, 250 degrees, or 350 degrees. The 200 degree departure route was eliminated since that flew over southeast Richfield and Bloomington and created the greatest noise problem. Darrel Westlander commented that in the last 3 weeks of June and the first 2 weeks of July the airport has had to rely to a great extent on the parallel runways because of increased traffic. He pointed out that in 1984 in a typical 3 week period parallel runways were used about 100 hours in the month. In 1985 it has jumped to 180 hours. Darrel Westlander commented that we need tougher regulations by the Federal government so that we can get a cut -off date for the elimination of Stage II aircraft. DC9s and 727s are Stage II aircraft and they makeup 75% of the aircraft in use at the MSP airport. This airplane in the future should either be grounded or refitted with new, quieter engines. He commented that there is no dicussion underway in Congress to implement this action-. It was noted that there would be a high cost to replace aircraft. Even though it may not be possible in the immediate next few years it is still important to establish a date so that airlines can be put on notice when Stage II aircraft would have to eliminated. Darrel Westlander thought that date should be sometime in 1993 to 1995. The life expectancy of a 727 aircraft is 10 to 20 years. Darrell Westlander commented that currently the airport is averaging 1076 flights on an average day. Five years ago the average number of flights was around 500. This means there are 370,000 operations a year. An operation is either takeoff or a landing. A big issue is whether the airport should continue to expand its facilities to take more aircraft or whether the airport should stop its expansion. Airport growth is necessary one can argue to grow with the needs of the economy and the need to meet business needs in the Twin Cities and for the State of Minnesota. It was also noted that Minneapolis is the home base for Republic and Northwest Airlines. BILL FRENZEL TNIIID Mama, MINNESOTA WASHOWTON ORFICt 1026 LoNOWOI"N Bummma 202 -225 -2871 • (Gongrvo of the Mnitrb Otatti Jowk of Rtprtgtntotibtg Wasibing ton, ;DX. 20515 July 29, 1985 The Honorable John Hamilton Mayor City of Richfield 6700 Portland Avenue Richfield, MN 55423 . Dear John: MINNESOTA ORaCr%' MAYSETN CNRISTENSEN ROOM 445 8120 PENN AvENuE Som BLOOMINGTON. MINNNESOTA 55431 612 - 881 -4600 Thank you for your letter regarding the increased air traffic noise over Richfield. I have previously contacted the FAA, the Metropolitan'Airport Commission(MAC), and the Metropolitan Aircraft Sound Abatement Council(MASAC) to express my concern.on the problem of excessive aircraft noise in the metro area. As your letter noted, the Deregulation Act of 1978 has had a dramatic effect on the number of flight.operations. Before deregulation, many airlines signed an agreement which placed a .voluntary limitation on scheduled flights. With the onset of. deregulation, many new carriers began service.' They have not signed the agreement, and, legally,'they cannot be-forced-to do:*so. Because of this problem, MASAC` is in the process of developing new measures for controlling flight operations. One such measure, now under study by MASAC, is the implementation of differential landing fees to discourage airport use during nighttime hours, and to encourage the use of. the quieter Stage III aircraft. Another measure under study would restrict or eliminate nighttime use of.'aircraft not meeting specific noise .limits. The proposal to provide financial incentives to airlines for the purchase of Stage III aircraft could be introduced as legislation to the Congress. However, my assessment is that such legislation has little chance of passing. Congress is currently trying to close tax loop- holes. New tax incentives, however meritorious, .will simply.not even be looked at as long as tax reform is under active consideration. This measure is likely to be viewed as just another.large loop -hole for the airline industry. Another proposal.suggested is to establish a "target date" or deadline for moving from the Stage II to the quieter Stage III aircraft. Production of the Stage III aircraft is underway and many airlines are already using some of these aircraft. THIS STATIONERY PRINTED ON PAPCR MAOE WITH RECYCLED PIEiCRs . - a 0 Page Two Mayor Hamilton The process of changing an airline's entire fleet.of aircraft is extremely complicated; and,-of.course, expensive. Congress has not shown a willingness to revisit this complex area, espe- cially since the decision to deregulate the industry. If air- lines were forced to. switch. from Stage II to Stage III aircraft in a short period of time, the increased cost would, of.course,'be passed on.to the consumer. s' With air traffic continuing to increase, I'm afraid the problem of how to best handle the increased noise is only going to get more complicated. It is my hope; that through the continuing efforts of MASAC; MAC, and the FAA, the problem of aircraft noise can be alleviated. Your concern on this matter is greatly appreciated. I will welcome your counsel at any time. Yours very truly, Bill Frenzel Member of Congress :js cc: Mr. John Cartwright • • RICHFIELD, MINNESOTA�� CITY OF Office of City Manager • Council Letter No. 366 Agenda September 23, 1985 The Honorable.Mayor and Members of the City Council City of Richfiel -d Subject: 'Recommend Rejection of Bids for High Speed Copier Council Members: On I Tuesday, September 3, 1 85 , bids were opened for a _ high speed copier and service agreement. The bid minutes and tabulations are attached for council review. The City Manager recommends rejection of the bids for the reasons listed at the end of this council letter. Three bids were received for the photocopying equipment. Two of the vendors, Xerox and Metro Sales, did not submit deposits with their bids. After consulting with the city • attorney's office, staff requested that these vendors submit the required bid bonds during the week following the bid opening. Both vendors complied. In addition, one vendor, Kodak, incorrectly submitted a rental plan price quotation on the proposal form for equipment purchase prices. This error was not discovered until after the bid opening when staff were reviewing the bids in more detail. The bid minutes reflect the actual proposed purchase and.,rental amounts. The staff reviewed each of the bids received for compliance with the 33 equipment and service specifications detailed in the Request for Bids. The staff finds that the equipment and service proposed by the Xerox Corporation is the only bid which meets all of the city's specifications. Xerox proposed the Model 9400 copier now in place at city hall. Metro Sales proposed that the city lease or purchase two of their mid -sized Ricoh 6085 copiers. If placed in the same location and operated in tandem, Metro feels that the two copiers would meet the city's specifications. For example, each of these copiers operates at a speed of 50 copies per minute for a combined speed of 100 copies per minute, as required by our specifications. It is the staff's opinion that combining the features of two copiers is not equivalent to providing these requirements with one copier. Using the speed as an example • again, each copying job would have to be split and run -2- simultaneously on the two machines to achieve the same result as one high speed copier.. For most of the copying jobs done at the city this would not be practical. Other specifications not met by the Metro Sales bid, include document feeder requirements and collating bin capacity. Eastman Kodak bid their model 225AF copier. Staff found this copier fell short of the city's specifications in the areas of copying speed, capabilities of the document feeder and paper tray capacity.. In addition, Kodak was the highest bidder. The on- going operating costs of each of the three proposals. were also reviewed. These costs include maintenance and supplies. Prices for these items were included in the bids submitted to the city, but are not reflected in the tabulated results reported in the attached minutes. Whereas leasing and purchase costs are fixed, maintenance and supply costs vary according to monthly services provided. To make our comparison, we calculated the costs of these items based on the city's actual monthly copying volume for the period from May, 1984, through April, 1985• This analysis revealed that the Xerox copier has the lowest operating cost. This factor significantly reduces the cost difference between the Xerox proposal and that of the lowest bidder, Metro Sales. For example: 3 -Year Xerox Metro Operating Cost Lease Lease Equip. & Install. $45,940 $25,147 • Maint. & Supplies $21,965 $29,237 7,905 Staff then reviewed the financing options offered by the Xerox Corporation: a three year lease and an outright purchase. The total cost for each option, which includes equipment, maintenance and supplies, were used to evaluate the options. The three year cost for purchase of the copier was determined to be $65,945• Of this.three year amount, $44,203 represents the purchase price which would be due in full this year. The Central Services Fund does not currently have a cash reserve sufficient to support this capital outlay. The three year lease agreement proposed by Xerox offers the city a favorable alternative to outright purchase of the equipment. The interest rate on the lease is 8 %, yielding a three year cost, including service and supplies, of $67,905. At the end of the three year term the city has the option of purchasing the equipment for $4,420 or having the equipment removed at no additional cost. During the three year term, the leasing arrangement would cost the city only $1,960 over the cost of an outright purchase of the equipment while spreading the amount due over three years. The cost of this leasing arrangement is actually less than the city has been paying for the past three years. We expect to save approximately $200 per • -3 month. A more detailed analysis of the purchase and leasing options offered by the three bidders is attached. Xerox attached a promotional offer of free merchandise to • their bid. This promotion is currently offered to all government customers who purchase or lease the 9400 copier model. After consulting with the city attorney's office, however, staff recommends that these items be refused. The items were not requested in the bidding specifications and their offer should not in any way be construed as affecting the outcome of the bidding process. The City Manager recommends rejection of the bids for a high speed copier for these reasons 1. Based upon our monthly volume of copies made (50,000- 60,000 per month), there are less costly copiers on the market that are designed for this volume; 2. The number of hours spent copying long agendas probably averages 2 hours per week. With some changes to the way the agenda is assembled for City Council, HRA, and, Planning Commission meetings, the City may be able to use copiers designed for 50 -70 copies per minute. The present copier is rated at 120 copies per minute. 3. Copiers that run at 70 copies per minute may cost, with a governmental discount, $20,000 to $25,000. The current copier (120 copies per minute, Zerox Model 9400), was bid at $44,203. • There is the potential for significant savings even when taking into account that labor costs should increase because the large volume runs would probably take twice as long with a 70 copy per minute copier. Of course, any analysis also needs to include maintenance, supplies, lease /purchase interest, and, labor costs as well as optional equipment. The City Manager recommends the City extend the current three .month rental agreement with Zerox for the 9400 copier so that new bid specifications can be prepared, bids taken, and, an analysis be completed. A recommendation would be made to the City Council during November. The three month rental cost of the Zerox is $$,000. This is approximately $1,000 per month premium to rent rather than to purchase or lease /purchase the equipment. Respectfu y submitted, John G. Car wr' ht City Manager JGC /eja I 45- 41 RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR A HIGH SPEED PLAIN PAPER COPIER WITH SERVICE /MAINTENANCE AGREEMENT WHEREAS, pursuant to an advertisement for bids for a high speed plain paper copier and equipment maintenance agreement bids were received, opened and tabulated according to law; and: WHEREAS, it appears that Xerox Corporation of Stanford, Connecticut is the lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the bid of Xerox Corporation of Stanford, Connecticut for the lease and service of the above- mentioned equipment at the following costs is hereby accepted: 36 month lease $45,939.60 Service for 50,000 copies per month $511 /month Service for copies exceeding 50,000 per month $.0053 /copy 2. That the mayor and city manager are hereby authorized and directed to enter into a contract for the above- mentioned equipment and service with the lerox Corporation of Stanford, Connecticut according to specifications therefore approved by the city council; 3. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder shall be retained until a contract has been signed. Passed by the city council of the City of Richfield, Minnesota this 23rd day of September, 1985. ATTEST: Thomas P, erber, My Clerk John Hamilton, Mayor /J-,� • ANALYSIS OF PROPOSED COPIER EQUIPMENT Three Year Operating Costs: - - - - -- XEROX - - - - -- - -- METRO SALES - -- - - - - -- KODAK - - - - -- Lease Purchase Lease Purchase Lease Purchase Equipment 45,940 44,203 24,899 20,826 63,622 52,917 Maintenance 20,091 19,868 23,514 18,442 21,697 21,697 Supplies 1,874 1,874 5,723 5,723 21687 2,687 Installation 0 0 248 248 430 430 3 YR TOTAL $ 67,905 $ 659945 $ 54,384 $ 45,239 $ 88,436 $ 77,731 Buyout at end of lease $ 4,420 n/a $ 1 n/a $ 5,292 n/a • CITY OF RICHFIELD BID OPENING September 3, 1985 is High Speed Plain Paper Copier with Service /Maintenance Agreement Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open-and read aloud, bids for One High Speed Plain Paper Copier with Service /Maintenance Agreement, as advertised in the official newspaper on August 21, 1985. Present: Eileen Anderson, City Manager Representative; Steven Devich, Administrative Services Director; Thomas Ferber, City Clerk; Sally Morton, Central Services Manager; and John Holter, Central Service Technician. The following bids were submitted and read aloud: VENDOR B-ID SECURITY PURCHASE AMOUNT LEASE AMOUNT Metro Sales Inc., Mpls No Bid Security $21,074.00 $25,147.68 Eastman - Kodak, Mpls 10% Bid Bond $52,917.00 $69,349.10 (3 yr, lease) $70,471.94 (4 yr. lease) $59,686.00 (Conditional Sales Contract; $68,470.00 (3 yr. Rental) Xerox Corp., MpIs No Bid Security $44,203.00 $50,359.60 The City Clerk announced that the bids would be tabulated and considered at the September 9, and September 23, 1985 City Council Meetings. 0 Thomas P. Ferber City Clerk • • �c2�_� CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 365 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request From Mr. K. D. Johnson to Exempt -the Pantry Restaurant Property From The ILN Building Permit Moratorium to Allow the Improvement and Expansion of the Existing Restaurant on the Site. Council Members, Mr. Ken Johnson is proposing to upgrade the interior and exterior of the existing Pantry Restaurant located at 75+5 Lyndale Avenue. Included in the renovation is the construction of a approximately 9' x 30' addition onto the front of the building to provide an entry foyer and solarium dining area. The seating will be increased as well as the square footage of the building (18 %). Three additional parking stalls would be added in front of the building. Mr. Johnson indicates that the expenditure for the project will be $100,000 or less. The site is located within the ILN study area and is subject to the building permit moratorium. The ordinance states that the city shall not issue building permits in the area unless a number of conditions are met. One of these conditions is that there be no expansion of the building. Another is that the construction not add more then 10% to the value of the property. The proposal involves an addition onto the building and could exceed the 10% limitation on value increase resulting from construction. Therefore, city staff cannot issue the necessary building permits. The property owner has requested an exemption from these requirements so that his construction may proceed. It is the recommendation of the staff that the property in question not be removed from the provisions of the building permit moratorium at this time. A part of the planning study now underway is the formulation of guidelines which would permit property in the area to be improved but in a way which would be consistent with the concept plan. The guidelines will be -2- presented to the Council prior to yearns end. Thus at this time, it is important to continue to protect the planning process. Respectfu y ubmitted, ohn G Ca wri City Manager JGC /eja • 1� doe pantry �a -3 September 4, 1985 To whom it may concern: The Richfield Pantry restaurant is located at 75+5 Lyndale Avenue South, and-lies within the proposed redevelopment area. The Pantry has been in operation for eleven years and needs upgrading in order to compete in an extemely competative industry, and to maintain current health standards. The general scope of this project is to upgrade the interior finishes and furnishings, and to add a solarium type addition at the west side of the building, and to rework the exterior to a look that is similar to the Edina Restaurant. There are also plans for additional parking, new exterior signs, and a complete upgrade of the kitchen facility. The seating will be increased, and the square footage would be increased from 1400 to 1550, or about 181. The expenditure for this project should be $100,000..00 or less. Sincerely, K. D. Johnson Owner, Pantry Restaurants E 1• 't i 4 1 t \s. i -- '-�7is�eT`- mLaVATtel.t .... �`SOQ'rN' £LEVATtON .. __. +—� f 1 L5aST111y KITCNW � '� SNP _� •- -_ _�. �.._��`���� � LMINK pNwbnwte rTT' IT . G AC �17ILDINf� - 1612 1.f. NCw ' AODf{ION - 2i5 1•'. }n I Y '1 0 3 ISO i xi.Lt Yd'.l' -o e • r � -1 � ICl91DGNALIL /�1 I I T a � • diI I o�ot Soo affW. Ao- r 1 •N� L`(NDALL AV6NUP-Z�• 7 f4z%vPAR:IC.il lcs - 19 piGV/ PA4xlnw S_ - T07AL r%.MWM4 - LZ xi.Lt Yd'.l' -o e • APPENDIX A. TRANSITORY ORDINANCES STRANSITORY ORDINANCE NO 17.18 AN INTERIM ZONIM THE PURPOSE OF PROTECTING THE PLANNING'PROCESS IN AOCERTAIN AREA F THE CITY, REGULATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENM AND SUBDIVISIONS WITHIN SUCH AREA. CITY OF RICHFIELD DOES ORDAIN: Section 1. A. The City is concerned with the proper and more economic use, deielopment and possible redevelopment of that area of the City generally. referred to as "Interstate- Lyndale Area ", hereinafter referred to as the "Area", the boundaries of which. Area are more specifically described as follows: All of the property between Interstate No. 35W and the Minneapolis North- field Southern Railroad tracks and south of 77th Street with the following ad- ditions: (a) the area west of Emerson Avenue, east of Interstate No. 35W, between 76th and 77th Streets, (b) in the area between Emerson and Aldrich Avenues, the first parcel abutting the north side of 77th Street; (c) the entire block between Aldrich and Lyndale Avenues south of 76th Street; (d) the east one -half block of the block between 75th and 76th Streets; (e) the west ore -half of the block between Lyndale and Garfield Avenues,, south of Century Court apartments and north of 76th Street; (f) the entire block between Lyndale and Garfield Avenues between 76th and 77th Streets; and (g) between Garfield and Pleasant Avenues, the first parcel abutting the north side of ?7th Street. B. There are a number of planning and land use issues arising in the Area which require comprehensive planning, among which are the following: 1. The City is deficient in commercial and industrial tax base. Very little undeveloped land remains within the City. The location of the Area is such that with proper planning it has the potential to provide a location for some of the most valuable and desirable commercial and /or industrial develop- ment within the City. 2. The Area presently contains tracts of undeveloped or underdeveloped land which cannot be developed to the optimum without improving access and im- proving traffic patterns. 3• The Area may best be developed pursuant to a unified plan and /or in large segments rather than on a piecemeal basis. 4. The Area contains a number of buildings which are aging and appear to be in a deteriorating condition. Some parts of the Area present a poor visual appearance because of such factors as lack of uniform setbacks, unrelated facades, inadequate or inappropriate loading and unloading areas, insufficient Parking, excessive land coverage, conflicting traffic movements and other functional inadequacies. 2/11/$5 OROINANC A. 74 CITY OF RICHFIELO, :MINNESO r A 5•• -Present streets serving the Area do not appear to provide the best access from main thoroughfares to some parcels at the east and west edges of the Area. 6. The Area includes and is bounded by single- family residence districts which are jeopardized or adversely affected by non - residential traffic. There appears to be a need to relocate and redesign streets and other traffic control facilities in and around the Area so as to safeguard such residential areas and so as to minimize existing land use conflicts. 7. Several of the streets in the Area are of substandard design. It appears necessary and desirable to formulate a long -range master plan for control and movement of traffic within nd around the Area. 8. It appears necessary and desirable to avoid further piecemeal develop- ment and redevelopment of the Area so as to reverse the undesirable development patterns which have existed and which.now exist within the Area including fragmented land ownership and under - utilization of the land. 9. It appears that there are or may be substandard building conditions and structures used or intended to be used for industrial or other purposes within the Area. 10. It appears that by reason of sociological and technological changes, as well as by reason of dilapidation, obsolescence and the faulty arrangement or design of buildings and improvements in the Area, there is a need for comp hensive planning and development of the Area. 11. I.t appears that there is or may be a lack of suitable public facilities, excessive land coverage in some parts of the Area, deleterious land use, and obsolete layout of land tracts and developments, requiring planning and redevelopment. 12. The foregoing factors and other factors are found to be injurious to the health, safety, morals and welfare of the citizens and property owners of the City and persons occupying property or working and being in and around the Area. 13. The presence of such conditions has caused an impairment of the value of private investments, has threatened sources of public revenues, has deprived the community and its residents of better facilities and job opportunities, and has otherwise adversely affected the public welfare. C. There is a need for the formulation of a new comprehensive plan and program for the development and /or redevelopment of the Area. Such plan and program will require intensive study over a number of months. There is a need for an interim ordinance applicable to the Area for the purpose of protecting the ping process and the health, safety and welfare of the citizens of the City and to insure that the City and its citizens retain the benefits of the new comprehensive plan and development - redevelopment program for the Area. There is a further need to regulate, restrict or prohibit uses, developments or subdivisions of land within the Area during the planning process, so as to avoid the occurrence of events which will be inimical to the orderly develop- ment and redevelopment of the Area in future years. 2/11/85 OR01NANC1 COCE A. 75 CITY OF RICHFiELO..MINNESO for - Section 2. Luring tl.A period tMt this interim ordinance is in effect, .DrQPe —"rty wi w'iin the area shall be develo ed. or rode 1 ca no licenses or permits, rezonings, P veloped nor shall any Richfield -Cade of Ordinances, CYMatztr or land Idivisions V TI��t ti^ to City for any such development or redevelopment except as provided in Section 3 i-.eraof. Section 3. Subdivision 1. votwithstand ng the limitations, ret fictions, to and pronbiticns canta3rteci in the foregoing Section 2 s , city council may .grant cermit3 for development or redevelopment within the Area, but only if it finds t5at the development or redevelopment involved will comply with t4,e following criteria: A. The permit will not involve the construction of a new building or tF'G enlargement of an existing building. 3• Thee construucticn* will not materially change the future use development or redevelopment of t.'^,e adjacent properties. prcpertq involved or any C. • The construction will not increase the fair maeeet =slue of tZ-- property involved by more than tan percent• D. The construction of the improvement will not intensify traffic or parking problems on the subject property, adjacent properties, or adjacent highways and streets, E• The proposed project will not exacerbate or intensify canflic -ts bet- dee..n residential and non - residential traffic within the Area. F• Granting of the permit will not make a material difference in or create a serious rends redevelopment of the property to tees development or P r y involved upon complsticn of tt:e Plarrit process.; G• Tye permit will involve the repair, maintararice or sa:_- S1'ding of existing structures or the (==letion of building iz+arior improvements which are necessary to the proper wn- ti.'Med utilization of the property pending the alaanier process. Sroc 2. T A provisions of �{ 3 Ord{.r� process, Lisa r � �` _nc;e still not prevent �.e City -rcm �3 licenses, perm_ts, Mcnings, plat tLngs cr land divisions up `.o G,� point of, cut rot i. ^_eluding, �+eir actual issuarc, involved gill comply wit42 the follow criteria: is `'e pro,;;ect or projects ing A. The project will be on a single tract of land having an area of at least 80,000 square feet and will involve development or redevelopment within the Area which will have an estimated market value in excess of $2,000,000 per acre. ' Bill-No. 1985 -18 (8/3/85) B. The project involved is consistent with and cOmpiementary,to the development or redevelopment of other adjacent properties within the .Area. . i 8/3/85 ORDINANCE CODE A. 16 CITY OF RICHFIELD, MINNESOTA a C. The proposed project will, in the opinion of the council, contribute to and accelerate the development or redevelopment of the balance of the Area. Subd: 3. Notwithstanding the provisions of the foregoing Subdivision 2, no license, permit, rezoning, platting or land division shall be issued for any Project described in that subdivision unless the site for the project is removed from,the provisions of this ordinance by amendment to Section 1-A hereof: Section 4. This ordinance shall remain in effect for a period of one year romm..{ts` effective date, provided that in 'the event the planning process has not been completed within the one year period, its effectiveness.may be extended for such additional periods as the City Council may by resolution determine to be appropriate, not exceeding a total additional period of eighteen (18) months. Bill 1985 -1 (2/11/85) 0R01 MAN CS COOS 2/11/85 A.77 CITY OF RICHFIELD. MINNESO rA I• K] • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 364 Agenda: September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: 1986 -1987 Community Health Services Plan Council Members Since early May of this year Advisory Board of Health members Martin Kirsch and Mary Brekke have been working with Tom Morgan and Betsy Christensen of the Public Safety Department on the Community Health Services Plan for 1986 -1987. An approved Community Health Plan is required for the city to obtain subsidy funding under the State Community Health Services Act. This year's planning process has involved a cooperative effort with members of the Advisory Boards of Health in Bloomington and Edina, as well as staff members from those two communities. In 1985, Richfield will receive $76,3614 in subsidy funding. In 1986, Richfield has been allocated $80,366 and it is anticipated that the 1987 funding for the City of Richfield will be in the amount of $85,459. The subsidy funding is intended to offset a portion of the city's cost for providing community health programs. A detailed budget is included in the attached CHS Plan. At the Advisory Board of Health meeting on Monday, September 9, 1985, the Board unanimously approved Richfield's Community Health Service Plans for 1986 and 1987, including the budgetary appropriations. The action of the Advisory Board of Health reflects their recommendation to the city council to give final approval to the planning document. The plan must be submitted to Hennepin County by October 1, 1985, to qualify for subsidy funding during the next two years. In addition to the subsidy funding allocated to the City of Richfield for the basic Health Service Plan, the last session of the legislature appropriated an additional $51,151 for Richfield to expand maternal and child health services beyond those anticipated in the basic planning document. The Bloomington Department of Health is currently preparing the necessary grant application to obtain these additional funds for the City of Richfield. 0 /1 -C.. Bloomington will be developing the new parent and child health proposal before the end of the year. The details are not yet available. When the grant application is ready, city staff • will bring it to the city council for approval. The proposed plan will simply expand on the basic parent - child program provided in the CHS Plan (pages 10 -13). Based upon the process followed by the Advisory Board of Health in approving the Community Health Services Plan for the City of Richfield for 1986 -1987, it is the recommendation of the Director of Public.Safety, in which I concur, that the city council give favorable consideration to the approval of the plan and authorize its submittal to Hennepin County for subsidy funding. City funding to meet the required match for the public health subsidy is included as a part of the Public Safety budget program. Respeetfu ubmitted, ohn G. Car righ City Manager JGC /eja •. • C, 0 A RESOLUTION AUTHORIZING SUBMISSION OF A PLAN IN APPLICATION FOR A COMMUNITY HEALTH SERVICES ACT SUBSIDY FOR 1986 -1987 WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield and functions as the official Board of Health of the City of Richfield; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire community at the highest level; and WHEREAS, the Community Health Services Act provides for sub- sidies in support of public health services on the local level throughout the State of Minnesota; and .WHEREAS, the Advisory Board of Health of the City of Richfield has reviewed and approved the preliminary plan for the provision of public health services in the City of Richfield,.,-and recommends that the City Council authorize its submission in application for a grant; and WHEREAS, the City Council finds this plan consistent with the needs and priorities of the community as determined by the Advisory Board of Health and as expressed by the citizens of Richfield; NOW, THEREFORE.BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, that the 1986 -87 Community Health Services Plan for the City of Richfield is approved and authorization is hereby given to submit said plan in application for a Community Health Services Act subsidy for 1986 -87. Passed and adopted this 23rd day of September, 1985. ATTEST: John Hamilton Mayor Tom Ferber City Clerk 4�� • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 363 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request by Market Plaza Corporation for a Waiver of Subdivision Platting Requirements for the Shopping Center and Rental Housing. Component B. Council Members, Market Plaza Corporation has requested that the City Council approve a`waiver of provisions of the subdivision ordinance. This is necessary for them to close on the financing for the project and begin construction in a timely manner. The closing on the housing bond issue is to take place either September 24th or 25th. Soil preparation work is set for the week of September 23rd. Subdivision regulations Section 3.54, Subparagraph 4, prohibits conveyance of parcels without replatting if the sub- divisions are described by metes and bounds and are less than 5 acres in area and 300 feet in width . Section 3.54, Subparagraph 5, provides that the City Council may waive this requirement by adoption of a resolution if compliance with the ordinance will result in an unnecessary hardship, and, where failure to comply does not interfere with the purpose of the platting regulations. Platting is desirable because it provides the community with an opportunity to control the dimensions of parcels, area of parcels and thereby the density of development. The Market Plaza development is being carried out within the context of the PUD ordinance. The location of the building on the property, height, floor area, etc. are all controlled through this ordinance. Thus, the intent of the prohibition noted above in Section 3.54, Subparagraph. 4, is being met through the PUD ordinance. The site being developed by Market Plaza Corporation is a collection of several previously existing parcels. Portions of these lots are being conveyed to different parties, i.e., the residential development and the commercial development. To replat the site would be very complicated and time consuming and not necessary because of the controls provided by the PUD ordinance. V /�y l —.2 Woodlake,Point, a part of the development in this area, requested a waiver last year. On December 27, 1984,: the Council granted the request. Because the waiver would result in an unnecessary hardship and because the waiver would not interfere with the purpose of the platting regulations, it is recommended that the waiver be granted by the adopting the resolution waiving the subdivison. Re c fu ubmitted, John G. Cartwri t City Manager JGC /eja • • • /uA -3 RESOLUTION NO. RESOLUTION WAIVING SUBDIVISION WHEREAS, the City of Richfield Housing and Redevelopment Authority (hereinafter "HRA ") and the City of Richfield (herein- after "City ") entered into a certain Contract for the Sale of Land for Private Development with Market Plaza Corp. and others dated May 12, 1984 (hereinafter the "Development Agreement "); and WHEREAS, paragraph 3.3(05) of such Development Agreement requires that the developer of property subject to the Develop- ment Agreement "obtain the necessary subdivision platting and /or Registered Land Survey approvals or Land Registrations" under terms and conditions as set forth in such subparagraph (hereinaf- ter "Subdivision Requirement "); and WHEREAS, the real property described on Exhibit A attached hereto is a part of the property. subject to the Development Agreement (hereinafter the "Market Plaza Property "); and WHEREAS, the owners of the Market Plaza Property have requested that the City waive the platting requirements of its subdivision ordinance and approve the subdivision of the Market Plaza Property into three separate parcels, which parcels are described both vertically and horizontally and which parcels are described on Exhibits B, C and D attached hereto with the proper- ty described on Exhibit B hereinafter referred to as the "Market Plaza Commercial Parcel" and the property on Exhibit C being hereinafter referred to as the "Market Plaza Housing Parcel" and the property on Exhibit D hereinafter being referred to as the "Market Plaza Parking Garage Parcel "; and is WHEREAS, the owners of the property are requesting from the City approval of the subdivision of the Market Plaza Parcel into the three separate parcels and are requesting that the City waive the platting requirement of any and all subdivision ordinances; and WHEREAS, pursuant to Section 3.54 of the Richfield Ordinance Code and Minnesota Statutes, Section 462.358 the City determines that such waiver would not interfere with the platting process would avoid unnecessary hardship and is in the best interests of the City and in compliance with the Development Agreement. NOW, THEREFORE, the City of Richfield hereby waives the platting requirement contained in its subdivision ordinance and approves the subdivision of the Market Plaza Commercial Parcel, the Market Plaza Housing Parcel and the Market Plaza Parking Garage Parcel and the owners thereof shall have the right to record documents of conveyance using the legal descriptions attached hereto to describe such parcels. In addition, if in the future the owners of such parcels take the necessary steps and procedures to have the above - described parcels described as Tracts in a Registered Land Survey, no further approval of the City shall be required in connection with such procedure and this certification shall serve as the approval by the City of such Tracts and such Registered Land Survey Proceeding. 2 • Page No. 1 EXHIBIT A le-,.5 The following tracts, situate in Hennepin County, more particularly described as follows: Tract 1: That part of Government Lot 2, Section 28, Township 28, Range 24 lying southerly of the Southerly line of West 65th Street as described in Book 2053 of Deeds, page 131 and lying easterly of the following described line; , Beginning at the southwest corner of Government Lot 1, Section 27, Township 28, Range 24, Hennepin County, Minnesota; thence north along the west line of said Government Lot 1 a distance of 33.00 feet; thence northwesterly deflecting to the left 14 degrees 15 minutes 38 seconds a distance of 224.64 feet to the south line of said West 65th Street and said line there terminating. Tract 2: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at the Southwest corner of said Government Lot 1; thence East along the South line of said Government Lot 1 a distance of 64.8 feet; thence North, parallel with the West line of said Government Lot 1 and its extension North, to the Southerly line of Registered Land Survey Number 1318, Filss of the Registrar of Titles, County of Hennepin; thence Southwesterly along the Southerly line of said Registered Land Survey Number 1318 to the West line of said Government Lot 1; thence South along said West line to the point of beginning. Tract 3: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point on the South line of said Government Lot 1 distant 64.8 feet East from the Southwest corner of said Government Lot 1; thence East along said South line a distance of 88 feet; thence North, parallel with the West line of said Government Lot I and its extension North, to the Southerly line of Registered Land Survey Number 1318, Files of the Registrar of Titles, County of Hennepin; thence Southwesterly along the Southerly line of said Registered Land Survey Number 1318 to its intersection with a line drawn North, parallel with the West line of said Government Lot 1 and its extension North, from the point of beginning; thence South along the last described parallel line to the point of beginning. That the East boundary line of said tract has been judicially determined and Judicial Landmarks set pursuant to Torrens Case No. 17641. —CONTINUED - 121/k/6 page No. 2 EXHIBIT A (continued) Tract 4: Par 1: That part of Government Lot 1, Section 27, Township 28, Range 24, commencing at a point, which point is marked by Judicial Landmark, and is located 256.6 feet East and 33 feet North of the Southwest corner of Government Lot 1; thence North parallel with West line of said Lot 90.7 feet to a point marked by Judicial Landmark; thence at right angles East 229.2 feet to the point of intersection with the Westerly line of Lyndale Avenue, which point is marked by Judicial Landmark; thence Southwesterly along said line of Lyndale Avenue 95.5 feet to the point of intersection with the North line of West Sixty - sixth Street, which point is marked by Judicial Landmark; thence West along said line 195.7 feet to the point of beginning. Par 2: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point in the South line of said Government Lot 1; distant 152.80 feet East of the Southwest corner of said Govern- ment Lot 1; thence Easterly along the South line of said Government Lot 1 a distance of 103.80 feet; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet; thence at a right angle Westerly 2.20 feet; thence Northerly deflecting to the right 89 degrees 38 minutes a distance of 104.07 feet to the Southerly line of Registered Land Survey Number 1318; Files of Registrar of Titles; County of Hennepin; thence Westerly along last said Southerly line to an Intersection with a line drawn Northerly from the point of beginning and parallel with the West line of said Government Lot 1; thence Southerly along last said parallel line to the point of beginning. That the East line of said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case Nos. 10017 and 17641 and the West line of said tract has been judicially determined and Judicial Landmarks set pursuant to Torrens Case No. 17641, according to the Government Survey thereof. Par 3: All that part.of Government Lot 1, Section 27, Township 28 North, Range 24 West of the Fourth Principal Meridian, described as follows: Commencing on a line parallel to and 256.6 feet East of the West line of.said Section 27 at a point therein which is 123.7 feet North along said line from the South line of said Government Lot 1, which point is marked by a Judicial Landmark; thence North along said parallel line a distance of 105.9 feet; thence East a distance of 306.5 feet, more or less, to an intersection with the Westerly line of Lyndale Avenue, which point of intersection is determined by returning to the point of beginning of said line and continuing North along said parallel line a distance of 103 feet; thence South 82 degrees 56 minutes East 141.7 feet; thence North 82 degrees, 34 minutes East to the West line of Lyndale Avenue; thence Southerly along said latter line, 115 feet to said point of termination of the North line of the land now being described; thence Southwesterly along the Westerly line of said Avenue - CONTINUED- 121/k/7 0 Page No. 3 EXHIBIT A (continued) Tract 4 (continued): Par 3 (continued): a distance of 113.4 feet, more or less, to a Judicial Landmark located In said line at a distance of 95.5 feet Northeasterly along said line from a Judicial Landmark placed at the intersection of the Westerly line of said Avenue and the North line of West 66th Street; thence West, 229.2 feet to the point of beginning, according to the Government Survey thereof. Par 4: Tract D, Registered Land Survey No. 1318, Files of Registrar of Titles, County of Hennepin. Tract 5: That part of Government Lot One (1), Section Twenty -seven (27), Township Twenty -eight (28), Range Twenty -four (24), described as follows: Commencing Two Hundred Twenty -nine and 6/10 (229.6) feet North and Two Hundred Fifty -six and 6/10 (256.6) feet East from the Southwest corner of Lot One (1), thence North One Hundred Three (103) feet, thence South Eighty -two (82) degrees Fifty -six (56) minutes East One Hundred Forty One and 7/10 (141.7) feet; thence North Eighty -two (82) degrees, Thirty -four (34) minutes East to center line of Lyndale Avenue, thence Southerly along the center line of Lyndale Avenue One Hundred Fifteen (115) feet, thence West Three Hundred Six and 5/10 (306.5) feet to beginning. Tract 7: Tracts B and C, Registered Land Survey No. 1318, except that part of Tract B, Registered Land Survey No. 1318 described as lying easterly and northerly of the following described line: Beginning at the Southwest corner of Tract A, Registered Land Survey No. 1318; thence southerly along the southerly extension of the westerly line -of Tract A, a distance of 8.62 feet; thence easterly deflecting to the left 82 degrees 11 minutes 28 seconds to the easterly line of said Tract B and there terminating. Tract 8: Tract E, Registered Land Survey No. 1318, Files of Registrar of Titles, County of Hennepin. Tract 9: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point in the South line of said Government Lot 1, distant 256.6 feet East of the Southwest corner of said Government Lot 1; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet to the point of beginning; thence at a right angle Westerly 2.20 feet; thence Northerly deflecting to the right 89 degrees 38 minutes, a distance of 104.7 feet to the Southerly line of Registered Land Survey - CONTINUED- 121/k/8 Page No. 4 EXHIBIT A (continued) Tract 9 (con itinued): No. 1318, Files of the Registrar of Titles, County of Hennepin; thence Easterly along said Southerly line of Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin, to its intersection with a line drawn Northerly from the point of beginning and parallel with the West line of said Government Lot 1, thence southerly along said last parallel line to the point of beginning, according to the Government Survey thereof. The West line of *said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case No. 17641. 121/k/9 • • .., Page No. 1 EXHIBIT B (Commercial Parcel) Those parts of the following tracts, situate in the County of Hennepin, State of Minnesota, to —wit: Tract I: That part of Government Lot 2, Section 28, Township 28, Range 24 lying southerly of the Southerly line of West 65th Street as- described in Book 2053 of Deeds, page 131 and lying easterly of the following described line: Beginning at the southwest corner of Government Lot 1, Section 27, Township 28, Range 24, Hennepin County, Minnesota; thence north along the west line of said Government Lot 1 a distance of 33.00 feet; thence northwesterly deflecting to the left 14 degrees 15 minutes 38 seconds a distance of 224.64 feet to the south line of said West 65th Street and said line there terminating. Tract 2: JI That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at the Southwest corner of said Government Lot 1; thence East along the South line of said Government Lot 1 a distance of 64.8 feet; thence North, parallel with the West line of said Government Lot 1 and its extension North, to the Southerly line of Registered Land Survey Number 1318, Files of the Registrar of Titles, County of Hennepin; thence Southwesterly along the Southerly line of said Registered Land Survey Number 1318 to the West line of said Government Lot-1; thence South along said West line to the point of beginning. Tract 3: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point on the South line of said Government Lot 1 distant 64.8 feet East from the Southwest corner of said Government Lot 1; thence East along said South line a distance of 88 feet; thence North, parallel with the Hest line of said Government Lot 1 and its extension North, to the Southerly line of Registered Land Survey Number 1318, Files of the Registrar of Titles, County of Hennepin; thence Southwesterly along the Southerly line of said Registered Land Survey Number 1318 to its intersection with a line drawn North, parallel with the West line of said Government Lot 1 and its extension North, from the point of beginning; thence South along the last described parallel line to the point of beginning. That the East boundary line of said tract has been judicially determined and Judicial Landmarks set pursuant to Torrens Case No. 17641. • — CONTINUED- 121 /k /l I page No. 2 Tract 4: EXHIBIT B (continued) par 1: That part of Government Lot 1, Section 27, Township 28, Range 24, commencing at a point, which point is marked by Judicial Landmark, and is located 256.6 feet East and 33 feet North of the Southwest corner of Government Lot 1; thence North parallel with West line of said Lot 90.7 feet to a point marked by Judicial Landmark; thence at right angles East 229.2 feet to the point of intersection with the Westerly line of Lyndale Avenue, which point is marked by Judicial Landmark; thence Southwesterly along said line of Lyndale Avenue 95.5 feet to the point of intersection with the North line of West Sixty - sixth Street, which point is marked by Judicial Landmark; thence West along said line 195.7 feet to the point of beginning. Par 2: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point in the South line of said Government Lot 1; distant 152.80 feet East of the Southwest corner of said Govern- ment Lot 1; thence Easterly along the South line of said Government Lot I a distance of 103.80 feet; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet; thence at a right angle Westerly 2.20 feet; thence Northerly deflecting to the right 89 degrees 38 minutes a distance of 104.07 feet to the Southerlj line of Registered Land Survey Number 1318; Files of Registrar of Titl , County of Hennepin; thence Westerly along last said Southerly line to an intersection with a line drawn Northerly from the point of beginning and parallel with the West line of said Government Lot 1; thence Southerly along last said parallel line to the point of beginning. That the East line of said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case Nos. 10017 and 17641 and the West line of said tract has been judicially determined and Judicial Landmarks set pursuant to Torrens Case No. 17641, according to the Government Survey thereof. Par 3: All that part of Government Lot 1, Section 27, Township 28 North, Range 24 West of the Fourth Principal Meridian, described as follows: Commencing on a line parallel to and 256.6 feet East of the West line of said Section 27 at a point therein which is 123.7 feet North along said line from the South line of said Government Lot 1, which point is marked by a Judicial Landmark; thence North along said parallel line a distance of 105.9 feet; thence East a distance of 306.5 feet, more or less, to an intersection with the Westerly line of Lyndale Avenue, which point of intersection is determined by returning to the point of beginning of said line and continuing North along said parallel line a distance of 103 feet; thence South 82 degrees 56 minutes East 141.7 feet; thence North 82 degrees, 34 minutes East to the West line of Lyndale Avenue; thence Southerly along said litter line, 115 feet to said point of termination of the North line of the land now being described; thence Southwesterly along the Westerly line of said Avenue - CONTINUED- 121/k/2 0 Page No. 3 EX1iIBIT B (continued) Tract 4 (continued): par 3 (continued): /4-// a distance of 113.4 feet, more or less, to a Judicial Landmark located In said line at a distance of 95.5 feet Northeasterly along said line from a Judicial Landmark placed at the intersection of the Westerly line of said Avenue and the North line of West 66th Street;.thence West 229.2 feet to the point of beginning, according to the Government Survey thereof. Par 4: Tract D, Registered Land Survey No. 1318, Files of Registrar of Titles, County of Hennepin. Tract 5: That part of Government Lot One (1), Section Twenty -seven (27), Township Twenty -eight (28), Range Twenty -four (24), described as follows: Commencing Two Hundred Twenty -nine and 6/10 (229.6) feet North and Two Hundred Fifty -six and 6/10 (256.6) feet East from the Southwest corner of Lot One (1), thence North One Hundred Three (103) feet, thence South Eighty -two (82) degrees Fifty -six (56) minutes East One Hundred Forty One and 7/10 (141.7) feet; thence North Eighty -two (82) degrees, Thirty -four (34) minutes East to center line of Lyndale Avenue, thence Southerly along the center line of Lyndale Avenue One Hundred Fifteen (115) feet, thence West Three Hundred Six and 5/10 (306.5) feet to beginning. Tract 7: Tracts B and C, Registered Land Survey No. 1318, except that part of Tract B, Registered Land Survey No. 1318 described as lying easterly and northerly of the following described line: Beginning at the Southwest corner of Tract A, Registered Land Survey No. 1318; thence southerly along the southerly extension of the westerly line of Tract A, a distance of 8.62 feet; thence easterly deflecting to the left 82 degrees 11 minutes 28 seconds to the easterly line of said Tract B and th8re terminating. Tract 8: Tract E, Registered Land Survey No. 1318, Files of Registrar of Titles, County of Hennepin. Tract 9: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point in the South- line of said Government Lot 1, distant 256.6 feet East of the Southwest corner of said Government Lot 1; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet to the point of• beginning; thence at a right angle Westerly 0 2.20 feet; thence Northerly deflecting to the right 89 degrees 38 minutes, a distance of 104.1 feet to the Southerly line of Registered Land Survey - CONTINUED- 121 /k /3 Page No. 4 a EXHIBIT B (continued) Tract 9 (conitinued): /4�-o_ No.'1318, Files of the Registrar of Titles, County of Hennepin; thence Easterly along said Southerly line of Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin, to its intersection with a line drawn Northerly from the point of beginning and parallel with the West line of said Government Lot 1, thence southerly along said last parallel line to the point of beginning, according to the Government Survey thereof. The West line of said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case No. 17641. Tract 10: That tract of land lying between the southerly line of the following described parcel: Tracts B and C, Registered Land Survey No. 1318, excpet that part of Tract B, Registered Land Survey No. 1318 described as lying easterly and northerlv of the following described line: Beginning at the Southwest corner of Tract A, Registered Land Survey No. 1318; thence southerly along the southerly extension of the westerly line of Tract A, a distance of 8.62 feet; thence easterly deflecting to the left 82 degrees 13 minutes 28 seconds to the easterly line of said Tract B and there terminating; and the northerly line of the following described parcel: That part of Government Lot One (1), Section Twenty -Seven (27), Township Twenty -Eight (28), Range Twenty -Four (24) described as follows: Commencing Two Hundred Twenty -Nine and 6/10 (229.6) feet North and Two Hundred Fifty -Six and 6/10 (256.6) feet East from the Southwest corner of Lot One (1), thence North One Hundred Three (103) feet, thence South Eighty -Two (82) degrees Fifty -Six (56) minutes East One Hundred Forty -One and 7/10 (141.7) feet; thence North Eight -Two (82) degrees Thirty -Four (34) minutes East to center line of Lyndale Avenue, thence Southerly along the center line of Lyndale Avenue One Hundred Fifteen (115) feet, thence West Three Hundred Six and 5/10 (306.5) feet to the beginning; and between the extension southerly of the easterly line of Tract B, Registered Land Survey No. 1318: and the easterly line of the following described parcel: That part of Government Lot 1, Section 27, Township 28, Range 24, described as beginning at a point in the South line of said Government Lot 1, distant 256.6 feet East of the Southwest corner of said Government Lot 1; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet to the point of beginning; thence at a right angle Westerly - CONTINUED- 121/k/4 • Page No. 5 Tract 10 (continued): EXHIBIT B (continued) /a -13 2.20 feet; thence Northerly deflecting-to the right 89.degrees 38 minutes, a distance of 104.7 feet to the Southerly line of Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin; thence Easterly along said Southerly line of Registered'Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin, to its intersection with a line drawn Northerly from the point of beginning and parallel with.the West line of $aid Government Lot 1, thence southerly along said last parallel line to the point of beginning, according to the Government Survey thereof. The West line of said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case No. 17641. (Abstract) Tract 11: That tract of land lying between the "southerly line of Tract C, Registered Land Survey No. 1318, and the southerly line and its extention easterly of the following described parcel: That part of Government Lot 1, Section 27, Township 28, Range 24, described . as beginning at a point in the South line of said Government Lot 1, distant 256.6 feet East of the Southwest corner of said Government Lot 1; thence Northerly parallel with the West line of said Government Lot 1, a distance of 229.60 feet to the point of beginning; thence at a right angle Westerly 2.20 feet; thence Northerly deflecting to the right 89 degrees 38 minutes, a distance of 104.7 feet to the Southerly line of Registered Land Survey No. 1318, Files of the Registrar of Titles, County.of Hennepin; thence Easterly along said Southerly line of Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin, to its intersection with a line drawn Northerly from the point of beginning and parallel with the West line of said Government Lot 1, thence southerly along said last parallel line to the point of beginning, according to the Government Survey thereof. The West line of said tract has been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case No. 17641. and between the easterly line of the last above described parcel, and the westerly line, and its extensions northerly and southerly of the following described parcel: That part of Government Lot One (1), Section Twenty -seven (27), Township Twenty -eight (28), Range Twenty -four (24), described as follows: Commencing Two Hundred Twenty -nine and 6/10 (229.6) feet North and Two Hundred Fifty -six and 6/10 (256.6) feet East from the Southwest corner of Lot One (1), thence North One Hundred Three (103) feet, thence South Eighty -two (82) degrees Fifty -six (56) minutes East One Hundred Forty One and 7/10 (141.7) feet; thence North Eighty -two (82) degrees, Thirty -four (34) minutes East to center line of Lyndale Avenue, thence Southerly along the center line of Lyndale Avenue One Hundred Fifteen (115) feet, thence West Three Hundred Six and 5/10 (306.5) feet to beginning. (Abstact) 121 /k /5 Page No. 6 EXHIBIT B (continued) • EXCEPT Those parts of the above described Tracts which are embraced within the boundary of the following described parcel and lying between Elevation 834.00 and Elevation 844.00 N.G.V.D. 1929 5th General Adjustment. Commencing at the point of the intersection of the southeasterly line of West 65th Street as described in Book 2053 of Deeds, page 131, and the west line of Tract A, Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin; thence South 58 degrees 48 minutes 45 seconds West, assumed bearing, along said south line 408.13 feet to the point of beginning of the Tract to be described; thence South 30 degrees 37 minutes 33 seconds East 1.50 feet; thence South 59 degrees 22 minutes 27 seconds West 42.00 feet; thence South 30 degrees 37 minutes 33 seconds East 40.50 feet; thence South 14 degrees 22 minutes 27 seconds West 90.12 feet; thence North 75 degrees 37 minutes 33 seconds East 23.50 feet; thence South 1.4 degrees 22 minutes 27 seconds West 20.00 feet; thence South 75 degrees 37 minutes 33 seconds East 23.50 feet; thence South 14 degrees 22 minutes 27 seconds West 61.79 feet; thence North 89 degrees 40 minutes 50 seconds East 130.26 feet; thence North 14 degrees 22 minutes 27 seconds East 146.07 fee thence. North 59 degrees 22 minutes 27 seconds East 324.53 feet; thence Nor 30 degrees 37 minutes 33 seconds West .23.60 feet; thence South 59 degrees 22 minutes 27 seconds West 12.00 feet; thence North 30 degrees 37 minutes 33 seconds West 6.58 feet; thence North 07 degrees 23 minutes 52 seconds West 104.28 feet; thence South 59 degrees 22 minutes 27 seconds West 405.85 feet to the point of beginning. AND EXCEPT those parts of the above described Tracts which are embraced within the boundary of the following described parcel and lying between Elevation 860.34 and Elevation 949.75, N.G.V.D. 1929 5th General Adjustment. Commencing at the point of the intersection of the southeasterly line of West 65th Street as described in Book 2053 of Deeds, page 131, and the west line of Tract A, Registered land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin; thence South 58 degrees 48 minutes 45 seconds West, assumed bearing, along said south line 408.13 feet to the point of beginning of the Tract to be described; thence South 14 degrees 22 minutes 27 seconds West 180.16 feet; thence South 75 degrees 37 minutes 33 seconds East 109.83 feet; thence North 14 degrees 22 minutes 27 seconds East 70.64 feet; thence North 75 degrees 37 minutes 33 seconds West 48.33 feet; thence North 14 degrees 22 minutes 27 seconds East 73.45 feet; thence North 59 degrees 22 minutes 27 seconds West 93.55 feet; thence North 30 degrees 37 minutes 33 seconds West 3.00 feet; thence North 59 degrees 22 minutes 27 seconds East 91.50 feet; thence North 30 degrees 37 minutes 33 seconds West 66.00 feet; thence South 59 degrees 22 minutes 27 seconds West 202.83 feet to the point of beginning. 0 /o -/15 r. EXHIBIT C RESIDENTIAL PARCEL Those parts of Government Lot 1, Section 27, Township 28, Range 24, and Tracts B, C, D and E Registered Land Survey Number 1318, Files of the Registrar of Titles, situated in the county of Hennepin, State of Minnesota and embraced within the boundary of the following described parcel and lying between Elevation 860.34 and Elevation 949.75,,N.G.V.D. 1929 5th General Adjustment. Cotimencing at the point or the intersection of the southeasterly line of West 65th Street as described in Book 2053 of Deeds, page 131, and the West line of Tract A, Registered land Survey No. 1318, Files or the Registrar or Tit1e3, County of Hennepin;' thence South 58 degrees 48 minutes 45 seconds West, assumed bearing, along said south line 408.13 reet to the point of beginning of the Tract to be described; thence South 14 degrees 22 minutes 27 seconds West 180.16 feet; thence South 75 degrees 37 minutes 33 seconds East 109.83 feet; thence North 14 degrees 22 minutes 27 seconds East 70.64 feet; thence North 75 degrees 37 minutes 33 seconds Weat 48.33 rest; thence North 14 degrees 22 minutes 27 seconds East 73.45 feet; thence North 59 degrees 22 ainutea 27 seconds West 93.55 feet; thence North 30 degrees 37 ainutes 33 seconds West 3.00 feet; thence North 59 degrees 22 minutes 27 seconds East 91.50 feet; thence North 30 degrees 37 minutes 33 seconds West 66.00 rest; thence South 59 degrees 22 minutes 27 seconds West 202.83 feet to the point or beginning. • • 0 /4 * • EXHIBIT D PARKING GARAGE PARCEL Those parts of Government Lot 1, Section 27, Township 28, Range 24, Government Lot 2, Section 28, Township 28, Range 24, and tracts B. C, D and E, Registered Land Survey Number 1318, Files of the Registrar of Titles, all situated in the county of Hennepin, State of Minnesota and embraced, with the Boundary of the following described parcel and lying between Elevation 834.00 and Elevation 844.00 N.G.V.D. 1929 5th General Adjustment. Commencing at the point of the intersection of the southeasterly line or West 65th Street is described in Book 2053 of Deeds, page 131, and the west line of Tract A, Registered Land Survey No. 1318, Files of the Registrar of Titles, County of Hennepin; thence South 58 degrees 48 minutes 45 seconds West, assumed bearing, alAng said south line 408.13 feet to the point or beginning of the Tract to be described; thence South 30 degrees 37 minutes 33 seconds East 1.50 feet; thence South 59 degrees 22 minutes 27 seconds West 42.00 feet; thence South 30 degrees 37 minutes 33 seconds East 40.50 meet; thence South 14 degrees 22 minutes 27 seconds West 90.12 feet; thence North 75 degrees 37 minutes 33 seconds East 23.56 feet; thence South 14 degrees 22 minutes 27 seconds West 20.00 feet; thence South 75 degrees 37 minutes 33 seconds East 23.50 feet; thence South 14 degrees 22 minutes 27 seconds West 61.79 feet; thence North 89 degrees 40 minutes 50 seconds East 130.26 feet; thence North 14 degrees 22 minutes 27 seconds East 146.07 feet; thence North 59 degrees 22 minuted 27 seconds East 324.53 feet; thenoe North 30 degrees 37 minutes 33 seconds West 23.60 feet; thence South 59 degrees 22 minutes 27 seconds West 12.00 feet; thence North 30 degrees 37 minutes 33 seconds West 6.58 feet; thence North.07 degrees 23 minutes 52 seoonds West 104.28 feet; thence South 59 degrees 22 minutes 27 seconds West 405.85 feet to the point of beginning. is 0- CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 362 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Council Consideration of a Resolution Approving The Issuance of $8,250,000 Multi - Family Housing Revenue Bonds Series 1985 for the Market Plaza Housing Project Council Members: On September 9, 1985, the City Council held a public hearing on the issuance of Housing Revenue Bonds [ "HRB's "] for the multifamily rental housing component in the Market Plaza Development. At the request of the underwriters, the city council was asked to postpone action on the resolution for two weeks. At this time, the City Council is asked to approve the resolution authorizing the sale of $8,250,000 in City of Richfield multi - family HRB's Series 1985• Approval of the attached bond resolution will permit construction of the Market Plaza project to be initiated by October 1, 1985• To date, the developers have been unable to proceed with the construction of the commercial component because the financial institutions have required the developer to complete the financing for the housing project thus assuring that the housing and commercial components proceed together. The commercial project will be constucted in approximately 12 months and the residential portion will require 18 months. The developer has advised the writer that the interest rate of the bonds is 7 3/4%. The purchase price of the bonds is anticipated to be not less than 97.25% of the principal amount. The bond closing is scheduled to take place on Tuesday, September 24, 1985. The bond documents are on-file with the City Clerk _2_ g�, It is recommended that the City Council approve the attached resolution authorizing the issuance of housing revenue bonds for the Market Plaza development. R e a t f u mitted, 11 A J hn G. Cart right itv Manager JGC /eja, ARK: Draft 8/21/85; 9/4/85; 9/6/85; 9/18/85 516X RESOLUTION NO. RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Council of the City of Richfield, Minnesota, as follows: 1. The Council has received a proposal from Market Plaza Housing Limited Partnership, a Minnesota limited partner- ship, (the "Company ") that the City undertake to finance a certain Project and multifamily rental housing program for such Project as herein described, pursuant to Chapter 462C, Minnesota Statutes (the "Act "), through the issuance by the City of its $8,250,000 Multifamily Housing Revenue Bonds, Series 1985 (Market Plaza Housing Project) (the "Bonds "), and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement ") between the City, the Company, E. J. Plesko, sole general partner of the Company, and Miller & Schroeder Financial, Inc. (the "Bond Purchaser "). 2. The Company desires to acquire and construct a multifamily housing development consisting of an approximately 176,000 square foot building containing 166 units and related improvements including parking facilities (hereinafter referred • 9:3 to as the "Project ") in the City. The Project as described above will facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City, encourage the develop- ment of housing facilities designed for occupancy by persons of low or moderate income and assist such persons in obtaining decent, safe and sanitary housing at rentals they can afford; encourage the development of blighted or underutilized land and structures within the boundaries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the Preliminary Resolution adopted by this Council on December 19, 1983 with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement 0 dated as of September 1, 1985, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the city-loan the proceeds of the Bonds to the Company to partially finance the costs of the Project. The Loan Repayments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Loan Repayments and certain other rights under the Loan Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee ") as • security for payment of the Bonds under an Indenture of Trust dated as of September 1, 1985 (the "Indenture ") between the City and the Trustee." To further secure the payment of the Bonds and the interest thereon and of the purchase price of any Bonds required to be purchased under the provisions of the Indenture, the Company will provide for a Letter of Credit (the "Letter of Credit ") to be issued by Midwest Federal Savings and Loan Association of Minneapolis (the "Bank ") and in connection therewith, enter into a Letter of Credit Reimbursement Agreement dated as of September 1, 1985 (the "Reimbursement Agreement ") with the Bank. Payments under the Letter of Credit and payments on the Bonds will be further secured by collateral pledged to the Trustee by the Bank pursuant to a Collateral Agreement dated as of September 1, 1985 by and between the Bank and the Trustee.. Payment of principal and interest on the Bonds is also secured by a Trustee Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Financing Statement (the "Trustee Mortgage ") dated as of September 1, 1985 executed by the Company in favor of the Trustee and by a Trustee Guaranty Agreement (the "Trustee Guaranty ") dated as of September 1, 1985 executed by E. J. Plesko in favor of the Trustee. The Company will enter into a Remarketing Agreement, dated as of September 1, 1985, with Miller & Schroeder Financial, Inc. (the "Remarketing Agreement "). The acquisi- tion, construction, operation and occupancy of the Project will • rl-s oq-4 conform to the terms and conditions of a Regulatory Agreement (the "Regulatory Agreement ") dated as of September 1, 1985 between the City, the Company, the Bank and the Trustee and a Declaration of Restrictive Covenants (the "Declaration ") dated as of September 1, 1985 executed by the Company and recorded as a covenant and restriction running with the land on which the Project is located. 4. This Council, by action taken on December 19, 1983, adopted a resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about October 25, 1984 the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. An additional public hearing on the Project to approve a change in ownership entities of the Project was held on September 9, 1985, after notice was duly published all as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and the Regulations promulgated thereunder, at which public hearing all those appearing who so desired to speak were heard. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Bond Purchase Agreement. • 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project "is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; (c) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement and the Regulatory Agree- ment (collectively the "Agreements "), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution • (d) The Regulatory Agreement. (e) The Declaration (not executed by the City). 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project "is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; (c) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement and the Regulatory Agree- ment (collectively the "Agreements "), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution • and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth 'in the Loan Agreement, Regulatory Agree- ment and Declaration, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company and in the manner determined by the Company, subject to the terms of the aforesaid agreements; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) the loan.repayments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and maintenance of the q_F • • Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement, Indenture and Regulatory Agreement; (g) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any • Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the • 9 -g �-/O Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely fram the revenues pledged to the payment thereof and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; and (h) a public hearing on the Project was duly held by the City Council on December 19, 1983; on September 9, 1985, a subsequent public hearing was duly held by the City Council in order to consider a change in the entity owning and operating the Project. 0 6 -. Subject to the approval of the City Attorney and the provisions of Section 9 of this Resolution, the forms of the Agreements and exhibits thereto are approved substantially in the form submitted and on file in the office of the City Clerk. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein • described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 7. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall initially bear interest at a rate of seven and seventy -five one hundredths per- cent (7.75$) per annum. The Bond Purchaser shall purchase the Bonds for an amount not less than 97.75% of the principal amount of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 0 8. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. I-/a- 9. The approval hereby given to the various documents. referred to above includes approval of such • additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence (or inability) of the officials auth- orized herein to execute any of the documents herein referred to, the documents may be executed by any officer or member of the City acting in their behalf. Passed: September 23, 1985 Mayor Attest City Clerk (SEAL) 3a J '/ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 361 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: An Ordinance Permitting Interim Offstreet Parking 'in Frontyards During a Snow Emergency - First Reading. Council Members: At the request of city council, a proposed amendment to the municipal code of ordinances permitting interim offstreet parking during a posted snow emergency subject to certain conditions has been drafted for first reading consideration. The ordinance with respect to snow removal states, 11(1) No person shall park or leave standing any vehicle upon any public street or highway in the City of Richfield after a snowfall of • at least three (3) inches. Parking may be resumed on such streets or highways after the snow has been removed or plowed to the curb lines ". City staff has found, however, that there is a lack of areas in the city to accommodate temporary interim off - street parking following periods of heavy snowfall when vehicles must be removed from public streets to facilitate snow plowing. The proposed amendment to Section 9.03, Spy ecific Regulations, Illegal Parking and Stopping, would permit vehicles to park in the frontyard areas of resi ential districts of the city during a snow emergency. The parking is subject to the following conditions: 1. Cars must be parked as close as possible to the driveway. 2. The car owner must have the property owner's permission. 3. The parked car must be eight feet behind the curb and five feet behind the sidewalk. 4. The parked car must not be in the 50' corner sight triangle. 5. Cars.must access the street at driveways and not over the curb. Once the snow emergency declaration is lifted by the City, the vehicle(s) must be moved from the interim frontyard location. • It is recommended that first reading consideration be given to the proposed amendment to the municipal code of ordinances -2- regarding snow emergency parking and schedule the second reading of the ordinance for October 14, 1985. . • Res ectfu bmitt d p e , f 1 9ohn G. a twright City Manager JGC /e is AMENDMENT TO CHAPTER IX SECTION 9.03 OF THE RICHFIELD ORDINANCE CODE City of Richfield Does Ordain: Chapter IX, Section 9.03 of the Ordinance Code of the City of Richfield entitled: "Specific Regulations, Illegal Parking and Stopping" is hereby amended by adding thereto the following new Subject:ion: Subdivision 3. Snow Emergency Parking. (1) Findings and Determination: The city council finds that following periods of heavy snowfall when vehicles must be removed from public streets to facilitate snow plowing, there is a lack of areas in the residential districts of the city for temporary interim parking which do not violate the parking restrictions of the city. The council further finds that it is necessary and appropriate to provide for special rules which govern parking of vehicles during such periods. (2) Definitions: When used in this subdivision, the following terms shall have the meanings ascribed to them: 1. "Permitted period" shall mean the period of time when on- street parking is prohibited in a specific location pursuant to Section 9.02, subd. 11 of this Code. • 2. "Covered vehicle" shall mean all motor vehicles except those vehicles which are subject to the provisions of Section 3.38, subdivisions 2, 4 and 8; and Section 3.38A of this Code. (3) Permitted Snow Emergency Parking: Notwithstanding any provisions of this Code to the contrary, it is lawful, during the permitted period, for covered vehicles to park in the frontyard areas of residential districts of the city subject to the following conditions: 1. The vehicle must be parked as close as possible to the established driveway area serving the property on which, or in front of which, it is parked. 2. Permission of the property owner must be obtained. 3. The vehicle must be parked at least eight feet back from the curb line; and five feet back from any public sidewalk. 4. The vehicle may not be parked within the area bounded by the street curb lines abutting said corner lot and a line connecting points on the abutting curb lines 50 feet from the point of intersection of the extensions of the curb lines. 5. Movement to and from the parking area must be over the established driveway area rather than over the curb. -2- (4) Repair of Damage to Boulevard: The property shall repair any damage to the area by reason of such parking. If such 30 days written notice from the city to the city may make the repairs and charge costs, including administrative costs. f- Z/ owner of the adjacent boulevard owner fails, upon make such repairs, the owner of all Passed by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1985. John N. Hamilton, Mayor ATTEST: omas P. erber, CIEV M52 • • CITY OF RICHFIELD, MINNESOTA �;7— Office of City Manager • Council Letter No. 360 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Prohibiting Unnecessary Acceleration First Reading Council Members: Over the past several months, Richfield police officers have been attempting to deal with a traffic problem related to unnecessary acceleration (hot- rodding) by certain drivers on city streets. Additionally, the Public Safety Department has received an increased number of public complaints regarding this driving behavior. While such driving behavior presents some serious safety problems, it frequently does not meet all of the elements to charge the driver involved with reckless driving. Therefore, the City Attorney's office has prepared an • amendment to the municipal code of ordinances related specifically to unnecessary acceleration. This ordinance is similar to an ordinance which has been used effectively in the City of Bloomington for several years. It is the recommendation of the Director of Public Safety, in which I concur, that the city council give first reading approval to the attached ordinance and schedule second reading and the public hearing for the October 14, 1985, city council meeting. JGC /e ja r� LJ Resp�eetfu bmitted, bhn G. Cartwright r ity Manage ; I • • 7-,)- A14ENDDIENT TO CHAPTER IX, SECTION 9.05 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter IX, S9.05 of the Ordinance Code of the City of Richfield relating to miscellaneous traffic and motor vehicle regulations is hereby amended in the following respects: By amending 59.05, by adding a new subdivison providing as follows: "Subd. 6. Starting and Acceleration. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public or private way within the city limits. Prima facie evidence of such unnecessar exhibition of speed shall be unreasonable squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires of said vehicle or both." Passed by the City Council of the City of Richfield, Minnesota, this day of , 1985. ATTEST: Sylvia Bergh, City Clerk John Hamilton, Mayor I CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 359 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Establishing a Committee of Hearing Examiners to Review Zoning Ordinance Variance Requests. Second Reading Council Members: In July, 1985, the city council approved an ordinance amendment which created a committee of hearing examiners to review zoning ordinance variance requests. The purpose of the committee would be to review all variance requests administra- tively, with the provision that appeals of administrative decisions may be made to the city council. The committee of hearing examiners was to be a committee of the Planning Commission, composed of persons nominated by the Planning Commission, and appointed by the city manager with city council confirmation of the appointments. At the August, 1985, meeting of the Planning Commission, the Planning Commission determined that it would be more appropriate that the Hearing Officer Committee be a committee of the Board of Adjustments and Appeals (the City Council), rather than the Planning Commission. The commission by a 5 -1 vote recommended that the ordinance be amended to make the committee of hearing examiners a committee of the Board of Adjustments and Appeals and that the Planning Commission not be required to nominate members for appointment to the committee. This ordinance to accomplish the change was given first reading approval at the September 9, 1985, city council meeting, and the public hearing was scheduled for September 23, 1985. If the ordinance is passed on second reading, it will sunset after twelve months unless extended by the city council. The amended ordinance provides that the Hearing Examiner Committee be a committee of the Board of Adjustments and Appeals and that it be administered by the Department of Community Development. Members would be appointed by the city manager, subject to confirmation by the city council. The ordinance -2 / ? CO -oL provides that hearing examiners may be city employees. Also, it provides that hearing examiner's shall have experience in municipal administration and procedures of law. It is recommended that the city council hold the public hearing and approve second reading of this ordinance amendment at the September 23, 1985, city council meeting.. Respectf bmitted, t ohn G. ar righ City Manager JGC /eja • � -'2 ORDINANCE NO. AMENDMENT TO CHAPTER III, PART IV OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter III, Part IV, Section 3.40A, Subdivision 2 of the Ordinance Code of the City of Richfield, Minnesota is hereby amended to read as follows: Subdivision 2. Committee of Hearing Examiners. There is hereby created the committee of Hearing Examiners which shall constitute a special committee of the PlanirA *f C+omm4az" Board of Adjustments and Appeals to be administered by the Department of ommunity Development. The Committee of Hearing Examiners shall constitute the Board of Adjustments and Appeals in all matters within its jurisdiction. Hearing examiners shall be xwrnix�atr�d. iayw P1-a*n -Co*m4-"4<w-� appointed by the City Manager subject to confirmation by the City Council and shall serve at the pleasure of the City Manager. Hearing examiners may be city employees and shall have experience in municipal administration and procedures of law. Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. ATTEST: omas Pgrg9r, City Clerk • John MIME, , Mayor • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 358 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject Ordinance Amendment Relating to Certain State Electrical Licenses And Permits Council Members: At the April 8, 1985, city council meeting, the council gave first reading to an ordinance amendment which would allow the city to issue electrical permits for the installation of power limited 'alarm circuits to installers who do not have an electrical contractors license, but are registered with the State Board of Electricity. This ordinance amendment was based upon 1984 changes in the statutes at that time. • The second reading of this ordinance has been continued to allow time to review 1985 statutory amendments passed by the state legislature. In the special session of the legislature held this past June, additional statutory amendments were passed which relate to electrical installers licensure'and electrical permits which are handled by municipal units of government. As a result of the changes enacted in the special session, the City Attorneys office has modified the ordinance amendment given first reading approval by the city council on April 8, 1985. The modifications to the original ordinance amendment incorporate the statutory changes made in June of this year. The proposed ordinance now provides, as set out in state statutes, that no person shall engage in the business or trade pf electrical construction and installation without a state license, unless provided otherwise by statute. A person per- forming electrical work must also obtain a permit. Electrical contractors must be licensed by the state. It is recommended that the city council give favorable second reding consideration to this ordinance. Respectfully submitted, • r ohn G. Ca twr ht City Manager JGC /eja r J AMENDMENT TO CHAPTER III, PART It SECTION 3.02 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter III, Part I, Section 3.02 of the Ordinance Code of the City of Richfield entitled "Adoption of Minnesota State Building Code and Uniform Housing Code" is hereby amended by amending subdivision 10 thereof to read as follows: Subd. 10. State Electrical License. There is no license fee for electrical construction • and installations Unless provided otherwise by statute, no person shall practice or engage in the business or trade of electrical construction and installation within the city unless such person is the holder of a valid and current license from the State of Minnesota, nor shall any person engage in the business of electrical contracting within the city unless such person is the holder of a valid and current electrical contractor's license from the State of Minnesota. Unless provided otherwise by statute, It it is unlawful for any person to perform any electrical work regulated by this Code without first having obtained a permit to do so. All fees required for permits issued pursuant to this subdivision shall be as contained in Appendix D of this Code. Passed by the City Council of the City of Richfield, Minnesota this day of , 1985. John N. Hamilton, Mayor ATTEST: . Tom Ferber, City Clerk CITY OF RICHFIELD,,MINNESOTA Office of City Manager Council Letter No. 357 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing on the Adoption of the Assessment Roll for City Project No. 813, Richfield State Agency Storm Sewer Improvements Council Members: The city council scheduled a public hearing to be held September 23, '1985, on the adoption of the proposed assessment roll for City Project No. 813, the Richfield State Agency Storm Sewer Improvement project. The city staff has calculated the amounts to be assessed against every assessable lot, piece or parcel of land benefited by the project. Actual construction costs, plus administrative and construction engineering charges for the project, total $149,744.57. In agreements with Richfield State Agency Inc. and the Market Plaza Corporation, their special assessments are $134,744.57 and $15,000 respectively. The property owners may make prepayment in full, make partial prepayment, or have,the balance spread over a period of twenty years. An annual interest rate of 9 percent for annual installment payments has been included with the resolution. This figure is the rate at which it is anticipated the interest rate of the bonds issued to finance the improvement will bear. The bonds will be issued late in 1985• The public hearing provides an opportunity-for all interested persons to ask questions or raise objections, if any, to the proposed assessment. Following the hearing, it is recommended that the city council pass the attached resolution, adopting the assessment roll for City Project No. 813, Richfield State Agency Storm Sewer Improvements. If the city council makes changes in the assessment roll as a result of the hearing, the phrase "and has amended such proposed assessment as it deems just" should be added to the resolution. Respectfu bmitted, John. G. Cart ight City Manager Y RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 813, RICHFIELD STATE AGENCY STORM SEWER IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed upon all objections to the proposed assessment for the construction of a storm sewer outlet from the RSA property in the southeast quadrant of 66th Street and Lyndale Avenue to Richfield Lake across public right -of -way and across the property in the northwest quadrant of 66th Street and Lyndale Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. That the city clerk has, with the assistance of the city engineer, calculated the proper amounts to be assessed for City Project No. 813, the Richfield State Agency Storm Sewer Improvements, against every assessable lo:t, piece or parcel of land specially benefited thereby in accordance with the provisions of law, and the proposed assessment so made up was filed with the city clerk for more than 15 days prior to the assessment hearing and was open to public inspection during said period. , 2. That the City Council has heretofore duly established City Project No. 813, and after carefully considering all the facts, the benefits to each lot, piece or parcel of land and fully advising itself in the premises, has found and determined and hereby declares that each and every lot, piece or parcel of land included in said proposed assessment roll was improved by reason of the construction of said City Project No. 813 and has been and is specially benefited in the amount set out in the assessment roll opposite each such lot, piece or parcel of land. 3. The owner of.any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay whole of the assessment on such property to the city's Assessing Division and he may, at any time thereafter pay to the Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made.. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. Said assessment is hereby affirmed, adopted, confirmed and shall be certified by the city clerk and filed in the office of the city clerk, and shall thereupon be and constitute a special assessment for said City Project No. 813, RSA Storm Sewer Improvements. 5. The assessment with accruing interest shall be a lien upon the property included therein, concurrent with general taxes and shall be payable in equal annual installments. extending over a period of twenty years unless prepaid or deferred. All assessments shall bear an annual interest rate of nine (9) percent, the anticipated average annual interest rate on bonds to be issued to finance the improvements. w 6. The city clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to extend on °the proper tax lists of the county and such assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 23rd "day of September, 1985. Jo n Hami ton, Mayor ATTEST: omas P. FerGeF, City Clerk • • • • CITY OF RICHFIELD, MINNESOTA- Office of City Manager Council Letter No. 356 Agenda September 23,1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing Regarding A Proposed $1.00 Increase to Food and Drink Vending Fees Council Members: There is a public hearing scheduled for September 23, 1985, regarding the fees set by the city council for food vending, drink vending, and tobacco vending machines. Minnesota State Statute 1471.707 requires that the city council conduct a public hearing when a fee adjustment is proposed for these license categories. This law provides that thirty (30) days mailed notice must be given to such vending machine businesses. A timely notice of the September 23, 1985, hearing was mailed by the City Clerks office to the licensees covered by the statute (See attached notice). Pursuant to State Statute, a community may not use license fees to generate revenues generally in excess of the total costs incurred by the community for such licensere. The 1985 license fee of $18.00 for these categories was based upon the administrative and vending machine inspection costs.` These costs have been reviewed in meetings with representatives of the Minnesota Automatic Merchandising Council. The proposed 1986 license fee of $19.00 is approximately five percent (5%) increase over the 1985 license fee of $1$.00. This increase is justified to cover additional labor costs (the proposed 1986 budgets calls for a 4.5% wage increase) and anticipated increase in the costs of supplies. Therefore, based upon the review of the costs to regulate, the recommended 1986 license fee is $19.00 for all categories covered by this council letter. If the city council approves .these fees, they will be included in the annual resolution to establish license, permit, and miscellaneous fees to be considered by the council in the 1986 proposed budget. It is recommended that after the public hearing, the city council adopt a motion setting the license fee at $19.00 for the following license categories: n ice vending 1) 6.01 food and i g machines 2) 6.11 tobacco vending machines 3) 6.13 soft drink vending machines Respectfully submitted, ohn G. Cart fight City Manager JGC /e J 'a . tV V to LO ttttl•� ■ �■ O i ■ C . i L O Q. ■� O O �O • 3-3 August 21, 1985 To: All Vending Machine Licensees Subject: Public Hearing on Proposed Fee Increases NOTICE OF PUBLIC NEARING Minnesota State Statute 471.707 requires that hearings be held on the following categories of licensure: A. 6.01 food and ice vending machines B. 6.11 tobacco vending machines C. 6.13 soft drink vending machines In order to comply with state law, the City of Richfield is holding a PUBLIC HEARING in conjunction with the regulary scheduled City Council Meeting on Monday, September 23, 1985 at 7:00 p.m. in the council chambers at 6700 Portland Avenue. Present 1985 Rate. Pro osed 6.01 Food a. Food vending machine $ 18 $ 19 required coin or token. b. Other food vending $ 18 $ 19 machine. c. Ice vending machine. 1 18 $ 19 6.11 Tobacco a. Sale & distribution $ 18 $ 19 b. Vending Machine $ 18 $ 19 6.13 Soft Drink a. en ng machine 1 year $ 18 $ 19 b. Each additional: machine $ 18 $ 19 Please plan on attending this hearing if you have comments or questions regarding these proposed fee increases or call the licensing staff at 869 -7521 during business hours, Monday 8 a.m. to 6 p.m. and Tuesday - Friday 8 a.m, to 4:30 p.m. Thomas P Ferber, City Clerk .; telephone: 869 - 7521(612) an equal opportunity employer CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letxer No 355 Agenda September 23, 1985 -The Honorable Mayor and Members of the City Council City of Richfield Subjects Agreements with the Greater Minneapolis Day Care - Association and the South Hennepin Human Services Council Concerning Community Development Block Grant Public Service Projects. Council Members, At the April 8, 1985, city council meeting; the city council approved funding requests for Year XI Community Devel- opment Block Grant Funds. Two of the projects approved for funding were a request from the Greater Minneapolis Day Care Association (GMDCA) for a sliding fee day care subsidy in the •. amount of $20,000; and, a request from the South Hennepin Human Services Council for $7,925 to help fund the Household and Outside Maintenance for Elderly Program (H.O.M.E.). Hennepin County requires that the city and the public service provider enter into an agreement which governs the use of those funds. Attached for council review and consideration are public service agreements between the City and these agencies. It is recommended that the City Council approve these agreements and authorize the mayor and city manager to execute the agreements on behalf of the city. Re ectful mitted, ohn G. Cart rig t City Manager JGC /eja PUBLIC SERVICES AGREEMENT mall This agreement made and entered into by and between the City of Richfield herein after referred to as thei y and South Hennepin Human Services Council, a public service agency, here- in after re erre to as the gency , WITNESSETH: WHEREAS, the City is an authorized subgrantee participant in the Urban Hennepin County Community Development Block Grant program by virtue of a joint cooperation agreement executed between the City and Hennepin County pursuant to MSA 471.59, and WHEREAS, the City has allocated Urban Hennepin County Community Development Block Grant funds in program year xz , project number p , for the purpose of supporting the H2O,M,E, program administered by the Agency, NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: I The City agrees to provide 7,9 �5 dollars in Urban Hennepin County Community Development Block Grant funds to the Agency in support of the _H2O,M,E, program. II The Agency agrees to provide the City: 1. Affidavit of Agency service fee schedule. 2. A financial statement for the past full year. 3. A statement of public revenue sources for the period June . 1, 1981 through June 1, 1982. III The Agency provides assurance that it will comply with: 1. Title VI of the Civil Rights Act of 1964 (PL88 -352) (Nondiscrimination in programs or activities receiving Federal financial assistance.) 2. Section 109 of the Housing and Community Development Act of 1974 as amended. (Nondiscrimination in any program or activity subject to provision of the HCDA.). 3. OMB Circular A -102 Attachment 0, Section 14, paragraph (h) by assuring the grantee, federal grantor agency, the Comp- troller General of the United States or any duly authorized representative access to all records directly pertinent to this contract for the purpose of making audit examinations, excerpts and transcriptions. 4. OMB Circular A -102 Attachment C (2), and maintain all required records for a period of three years after receiv- ing final payment. IV The Agency, prior to financial reimbursement from the City shall provide the City with: 1. Statement of service provided to client. 2. Individual Data Confidentiality form 3. Client Income Verification 4. Maintenance Service Plan /Service Evaluation VIj This Agreement is effective as of July 1, 198 and shall continue in full force and effect until all funds made available under this agree- ment have been expended in accordance with paragraphs I -IV, but no later than December, 31, 1986. IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this day of 1982. Upon proper execution, City of Richfield this Agreement will be legally valid and binding. State of Minnesota By Chairperson, South Hennepin Human - Services Council City of and . By Executive Director, South Hennepin Mayor Human Services Cou ncil And City Manager c -, " ' • 11 ;//-J-/ • Public Services Agreement/Daycare This agreement made and entered into by and between the City of hereinafter referred to as the "City" and Greater Minneapolls Day are, a public service agency, hereinafter referred to-as the "Agency ", WITNESSETH: WHEREAS, the City is an authorized cooperating unit in the Urban Hennepin County Community Development Block Grant program by virtue of a joint cooperation agreement executed between the City and Hennepin County pursuant to MSA 471.59, and WHEREAS, the City has allocated Urban Hennepin County Community Development Block Grant funds in program year XI, project number o91 ., for the purpose of supporting the Child Care Sliding Fee program administered by the Agency, NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: The City agrees to provide o�-- dollars from the Urban Hennepin County Community evnt BTock Grant to the Agency in support of the Child Care Sliding Fee program. The City reserves the right to assign its administrative responsibility, pursuant to the requirement . of the Urban Hennepin County Community Development Block Grant program, to any other cooperating unit. II The Agency agrees to provide the-City: 1. Affidavit of Agency service fee schedule. 2. A financial statement for the past full year. 3. A statement of public revenue sources for the period June 1, 1985 through June 1, 1986. III The Agency agrees to award funds to eligible applicants residing in the City on a first come first served basis with maintenance of a waiting list of eligible applicants. OfT/ Public Services Agreement /Daycare Page Two IV The Agency agrees to allocate funds to eligible recipients based on the State of.Minnesota Department of Public Welfare Sliding Fee Scale with U.S. Department of Housing and Urban Development Section 8 income limits used as a ceiling cutoff for eligibility. V The Agency provides assurance that it will comply with: 1. Administrative reporting requirements of the County. 20 Title VI of the Civil Rights Act of 1964 (PL88 -352). (Nondiscrimination in program or activities receiving Federal financial assistance.) 3. Section 109 of the Housing and Community Development Act of 1974 as amended. (Nondiscrimination in any program or activity subject to provision of the HCDA.) 4. OMB Circular A -102 Attachment 0, Section 14, paragraph (h) by assuring the grantee, federal grantor agency, the Comptroller General of the United States or any duly authorized representative access to all records directly pertinent to this contract for the purpose of making audit examinations, excerpts, and transcriptions. 5. OMB Circular A -102 Attachment C (2), and maintain all required records for a period of three years after receiving final payment. VI The Agency, prior to financial reimbursement, shall provide the City or its assignee with: 1. Application. 2. Individual Data Confidentiality form. 3. Listing of clients, their addresses, and amount of assistance per client. VII This Agreement is effective as of July 1, 1985, and shall continue in full force and effect until all funds made available under this Agree- ment have been expended in accordance with paragraphs I -VI, but no later than December 31, 1986. . IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed. their seals this day of 19 . Upon proper execution, this Agreement will be legally valid and binding. 4) 0 • I 1U_..j Public Service Agreement /Day Care GREATER MINNEAPOLIS DAY CARE ASSOCIATION CITY OF STATE OF MINNESOTA BY BY is I Rayor and and is My Manager Page Three CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 354 Agenda September 23, 1985 The` Honorable Mayor and Members of the 'City Council City of Richfield Subject: Amendment to Memorandum of Agreement with Richfield State Agency to Extend the Date for the Removal of the 'Retail Building at 6601 Lyndale Avenue: Council Members: On January 21, 1982,. the Richfield State Agency entered into a contract with the HRA.and the City Council for the Sale of Land for Private Development. The Contract stated that the City Council would provide IDRB financing assistance for the expansion of the RSA facility in which Richfield Bank & Trust is • the primary tenant. The HRA agreed to acquire and sell to RSA two parcels of land: one located at 67th and Lyndale; and the other located at 66th and Lyndale. The Contract provides that the structures located.on these two parcels are to be removed within 90 days of the sale of the property to RSA. The structure at 67th and Lyndale was•removed.- However, because of delays in the RSA expansion project, it was not possible to remove the structure at 6601 Lyndale Avenue. Thus, on December 13, 1983, the original contract was amended through a Memorandum of Agreement between the Richfield State • Agency and the HRA. This Agreement permitted the structure at 6601 Lyndale Avenue to remain until June 1, 1985, or no longer than 90 days following the vacation of the property by its tenants. In June,.1985, the HRA extended that date to September 1, 1985, ` The parcel occupied by the 6601 building and the adjoining structure to the east will become a below grade level parking Tot to provide parking for customers to the McDonalds Restaurant. The restaurant will be located in the lower level of.the building. The RSA project was delayed during the summer. The new date for removal should be November 1, 1985, or- within 90 days following the vacation of the property by its present tenants, whichever date is earlier. The HRA approved this extension _2_ at their meeting of September 16, 1985. It is recommended that both the HRA and City Council approve the extension of time amendment._. • It is recommended that the Cit Y Council concur with the HRA and approve the proposed Amendment No. 2 to the Memorandum*of Agreement dated December 13, 1983, which would call for the removal of the structure at 6601 Lyndale Avenue by November 1, 1985, or within 90 days following the date the property has been vacated by its present occupants, which ever date is earlier. p ec t?Car'wrig b mitted, ohn G . City Mar JGC /e ja I a�3 AMENDMENT NUMBER TWO TO MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this day of September, 1985 by and between the City of Richfield, Minnesota, a Minnesota municipal corporation, hereinafter called "City ", the Housing and Redevelopment Authority in and for the City of Richfield, a body politic and corporate and a Minnesota corporation, hereinafter called "HRA" and the Richfield State Agency, Inc., a Minnesota business corporation, hereinafter called "Developer ". WHEREAS the parties hereto have heretofore entered into that certain Contract for the Sale of Land for private Development dated January 21, 1982, and WHEREAS under Article III, Section 3.7, the Developer is to remove all structures located on each of tracts -2 and 3 within 90 days following the date of closing on each such tract or the date of termination of any leasehold interest, whichever is later, and WHEREAS the parties hereto desired to change the removal time regarding the Hagen parcel (6601 Lynda.le Avenue South, Richfield, Minnesota) and agreed to do so in an amendment 0 1 approved June 17, 1985, and WHEREAS it has not been possible for the Developer to comply with that date; • • NOW THEREFORE, the parties agree that the requirement of demolition of the structures on the Hagen parcel shall be extended to November 1, 1985, or within 90 days following the date the Hagen property has been vacated by all of its present oQcupants, whichever date is earlier. IN WITNESS WHEREOF., the parties hereto have set their hands as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By: Its Executive Director Its Commission Chairman CITY OF RICHFIELD, MINNESOTA By: Its City Manager Its Mayor RICHFIELD STATE AGENCY, INC. By:. Its President Its Vice President .CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 353 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Resolution Approving American Express Card for City Manager Council Members: Very often it is necessary for the city manager to expend funds at business functions a n th t he attends on behalf of the I City of Richfield. The city manager uses his own credit cards to pay for some of these expenses, and is reimbursed by the city approximately once a month. A corporate American Express Card would simplify record keeping for city business related expenses incurred by the city manager. In order to qualify for a corporate credit card, it is necessary for the city council to pass a resolution approving • the use of such a card by the city manager. Attached to this council letter is a resolution which would approve the issuance of a corporate American Express card to John G. Cartwright, City Manager. This resolution has been placed on the September 23, 1985, city council agenda for council action. Res ectfu bmitted, hn G. a twrigh City Manager JGC /eja • Ufa RESOLUTION NO. RESOLUTION APPROVING THE ISSUANCE OF AN AMERICAN EXPRESS CARD TO CITY MANAGER JOHN G. CARTWRIGHT WHEREAS, it is necessary for the city manager to expend funds on behalf of the City of Richfield, and WHEREAS, recordkeeping of city business related expenses would be simplified by the use of an American Express card issued to the City Manager for use on city business, and WHEREAS, the City of Richfield is responsible for payment of expenses incurred by the City Manager on behalf of the City of Richfield. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield does hereby authorize John G. Cartwright, City Manager, to bind the City in a contractual agreement with American Express. Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of September, 1985• 0 ATTEST: T omas erber City Clerk John Hamilton Mayor te�'j . August 28, 1985 R. L. Mercer Travel Management Services American Express P. 0. Box 13807 Phoenix, Arizona 85002 Re: Reference Number 8521781304734 Your August 22, 1985, letter requested documentation of the city manager's authorization to enter into a contractual agreement. Attached please find a copy of Appendix E., page E. 15, of the City Charter of the City of Richfield, Minnesota. Section 6.05, Purchases and Contracts, provides that the city manager may make or let contracts up to an amount not to exceed $10,000. 0. I trust this information is the documentation which you requested. Sincerely yours, John G. Cartwright City Manager JGC /eja • American Express Travel Related Services Company, Inc. Travel Management Services August 22, 1985 John G Cartwright City of Richfield 6700 Portland Ave S Richfield, MN 55423 RE: Reference Number: 8521781304734 Dear Card Applicant: Thank you for applying for the American Express Card. We are pleased to inform you that the application is ready for approval, but before we can issue an account we are in need of the information listed below. Would you please direct this request to your city attorney. In order to establish an account for a municipality we are in need of a copy of the enabling ordinance, charter, statute or other official documentation indicating the proper authority to enter into a contractual agreement with American Express. As we cannot complete the processing of your application without this information, we must temporarily refrain from establishing your account until this information is received. Sincerely, R. .Mercer TRAVEL D92V9GEMENT SERVICES P.O. Box 13807 Phoenix, Arizona 85002 bs An American Express Company • is • CITY OF RICHFIELD, MINNESOTA • Office of City Manager Council Letter No. 352 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Request for Illuminated Sign at 6418 Penn Avenue Council Members: Attracta Sign Company has requested an advertising permit to erect an illuminated sign at 6418 Penn Avenue. The proposed sign would measure 12' x 16' with a 4' x 8' readerboard below it. City of Richfield ordinance code 3.49, subdivision 19 Illuminated Signs provides that city council approval is required for illuminated signs. The city staff has reviewed the sign application and finds that the proposed sign conforms to all pertinent city ordinances. It is reco;iVmended that the city council approve the permit to erect an illuminated sign at 6418 Penn Avenue. Respectf 1 bmitted, ohn G. Car rig t City Manager _JGC /eja .� J.. • Scale Revislons Drawn By M.K. Salesperson L.S. Date & A24 v ATTRACTA SIGN, INC. 84v PENN AVENUE SOUTH. MINNEAPOLIS, MINNESOTA 55423 PHONE (612) 888 =3047 customer approval Date CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 351 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject: Purchase in Excess of $5,000 Council Members The city council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, the authority to purchase shall be submitted to the city council for consideration. There is one such item on the September 23, 1985, city council agenda. LIQUID CARBON DIOXIDE The adopted operating budget of the water utility fund includes purchase of liquid carbon dioxide which is used in the water softening process. Several suburban communities, including Richfield, cooperate with the City of Minneapolis in the bidding process. Bids have been received for furnishing of liquid carbon dioxide for the period of November 1, 1985, through. October 31, 1986. The low bidder was Cardox Corporation with a base bid of $70 /ton, the same unit price as the previous year. It is recommended the city council take the following actions: 1. Accept the bid for liquid carbon dioxide per City of Minneapolis Official Publication No. 9282. 2. Authorize master purchase order number 27044 for the estimated purchase of 200 tons liquid carbon dioxide at $70 /ton from Cardox Corporation for an estimated total purchase of $14,000. R ectful ubmitted , ohn G. Ca wright City Manager _;�6 -/ CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 350 Agenda September 23, 1985 The Honorable Mayor and Members of the City- Council Cit y of Richfield Subject: Award of Contract - Infra -red Heating System and -Make-up Air System, City Garage Council Members: On Tuesday, September 10, 1985, bids were opened for an infra -red heating system and a make -up air system at the city garage. A copy of the bid minutes and tabulation is attached for city council review. City Project No. 799 includes funding for work on the roof as well as for heating and make -up air systems at the city garage. The project is funded from the Capital Improvement Budget utilizing funds allocated from the Special Revenue Fund. •. The heating and make -up air systems are scheduled for installation in the area where the city mechanics maintain city equipment. Three bids were received. The low bidder,. Midland Heating and Air Conditioning, Inc., a Richfield based vendor, has previously worked with the city on other projects and proposes to do this work per the specifications. It is recommended the city council award a contract to Midland Heating and '.Air Conditioning, Inc. in the amount of $17,090 for an infra -red heating system and a make -up air system to be installed at the city garage. • JGC /e ja ectfu John G. Car wri City Manager tted, • CITY OF RICHFIELD Bid Opening September 10, 1985 Infra -Red Heating System Make Up Air System City Project 7990 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, sealed bids for Infra -Red Heating System at the City Garage, as advertised in the official newspaper on August 28, 1985. Present:'_ Thotnas`P. Ferber, City Clerk Eileen Anderson, City Manager Representative Don Fondrick, Community Services Director 0 The following bids were submitted and read aloud: The City Clerk announced that the bids would be tabulated and considered at the September 23, 1985 City Council meeting. Thomas P. Ferber, City Clerk BIDDER BID SECURITY TOTAL BID B S C Mechanical Contractors 5% 17,627.00 Mpls Midland Heating & Air Conditioning, Money Order 17,090.00 Inc. Mpls 854.50 Gilbert Mechanical Contractors, Inc. 5% 18,600.00 Mpls The City Clerk announced that the bids would be tabulated and considered at the September 23, 1985 City Council meeting. Thomas P. Ferber, City Clerk • 0 Item City Garage Heating Systems CRITERIA/QUESTIONS RELATED TO INFRAS' 1... Life Expectancy Several types of the garage. New 20 - 25 years lunch room area parking area's rooftop gas 2. Current Age relative to life expectancy May 2, 1985 4;1 r'RUCI'URE heating is present in office area -gas hanging, - rooftop gas, storage or unit heaters. Repair are Lunch room 0 Shop 21 years Addition 4. Equip.Storage original 21 years 3. Current /Actual Condition relative to life expectancy Repair area heating needs to be replaced. Other areas good. 4. Already.Ccmpleted Renovations and Costs New furnace (rooftop) installed 1984 - $10,000 New office area - 1980 5. Expected Renovations and Costs Will be installing new heating system to repair area 84 -85 $15,000 or less 6. Interim Maintenance Items and Costs Routine maintenance 7. Replacement Costs (1984 dollars) New office area - $ 1,500 Lunch room area - $10,000 Repair area - $15,000 S. Special Circumstances (safety factors, cost effectiveness, ne *,r or advanced technology /design) 9. Funding Source(s)? .; JGC /eja • CITY OF RICHFIELD, MINNESOTA Office of Cit y Manager Mana g Council Letter No. 349 Agenda September 23, 1985 The Honorable Mayor and Members of the City Council City of Richfield Subject:, Resolution Providing for Polling Place and Designating Judges for November 5, 1985 a Munc' e Municipal Election Council Members: The municipal general election to fill the offices of Mayor and three ward Council Members will be held Tuesday, November 5, 1985. Attached is a resolution designating polling places and appointing election judges for this election. Consideration of this item at the September 23, 1985, city council meeting is necessary to meet publication and notice requirements for the November 5, 1985, municipal election. It is recommended that the City Council adopt the attached resolution designating polling places and appointing election judges. R pectfu mitted , JGC /eja • M.-- TERMS OF OFFICE FOR MAYOR AND COUNCIL MEMBERS In 1984 the City Charter was amended to extend the terms of the Mayor and Council Members to four years to coincide with Presidential and Gubernatorial elections. The Mayor and At- Large Council Member would run in the same year. These adjustments in terms will occur as follows: Mayor 1985 -two year term 1987 -three year term 1990 -four year term At Large 1984 -three year term 1987 -three year term 1990 -four year term District 1985 -three year term 1988 -four year term • • • • RESOLUTION NO. RESOLUTION PROVIDING FOR POLLING PLACES AND DESIGNATING JUDGES FOR MUNICIPAL ELECTION'NOVEMBER-5, 1985. BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. That there will be a Municipal Election.on Tuesday, November 5,.1985. Z. That said election shall be held: at the polling places as herein appear. specified, and that the following are hereby appointed as.judges_ for said election: Precinct No. 1-- Mount Calvary Educational Bldg. 6541 16th. Ave So Election Judges: Chairperson: Shirley Gisselquist (0) Co Chair Ralph Roberts (R) Myrtle Lindgren (R) Philip Carney (D) Precinct No. Z --Saint Peter's Church 67th & Nicollet Ave So Election Judges:: Chairperson: Elayne Gilhousen (R) Ca Chair Ellen Brandon (R) Lorayne Sutton (D) Fern Oreck (D) Precinct No. 3., Sheridan Hills School 6400 Sheridan Ave So Election Judges: Chairperson:. Jan Anderson (R) Co Chair Lo.is-Awes (D) Cher Merrill (D) Sue Raymond (R) Precinct No. 4,. Saint Richard's Church 7540 Penn Ave So Election Judges: Chairperson: Dave Arnold (R) Cd. Chair Catherine Alfano (0) Franc Gray (R) Gerry Ascher (0) aA3 ;W-� Precinct No. 5, Richfield Jr. High 7461 Oliver Ave So Election Judges: Chairperson: Phyllis Reinmuth (R) Co Chair. Lois Karnas (R) Donna Jordahl (D) Angela Aylward (0). Precinct No. 6, Central School 7100-Harriet Ave So Election Judges: Chairperson: Viv Bennis (R) Co Chair : Betty Halloran (R) Arta Harmon (D) Kathleen Leckner (D) Precinct No. 7, Portland School 72nd & 4th Ave So Election Judges: Chairperson: Donna Vidas (R) Co Chair Jean Fren2 (R) Fabiola Sullivan (0) • Joan Wong (0) Precinct No. 8, Richfield Intermediate School 7020 12th Ave So Election Judges: Chairperson: Gertie Herll (0) Co Chair Audrey Winslow (R) Ann Mullerleile (D) Janet Benson (R) Precinct No. 9, Centennial School' 7315 Bloomington Ave So Election Judges:. Chairperson: Corrine Cosgrove (0) Co Chair Barb Cook (D) Shirley Comstock (R) Sharon Peterson (R) • • KI Abs ent`ee, Precinct, Richfield City Hall 5700- Portland. Ave So. Election Judges: Chairperson: Joan Wilmes'(0) Co Chair Pat Toney (R) Beulah Johnson (R) Pat Bunting '(0) Alternates D_ . Republican Lois Sall Florence Habegger Raymond Howe Judith Moquist Virginia Nitke }toward Mortensen Jew Anderson Gertrude Broker Pat Brenner May Farr Lois Kovach Maxine.Evans Kathy Marjanen Ethel Ho=es Passed by the City Council of the City of Richfield, this. 23rd day of September, 1985. John Harm tan Mayor ATTEST: Thomas P. Ferber City Clerk