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08-25-86 agenda0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 333 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Appeal of Order for Compliance to the Uniform Fire Code Provision Related to the Lock Box Requirement, 6901 Penn Avenue Council Members: This matter is coming before the city council, acting as the Board of Hearing Appeals, as provided under Richfield City Ordinance Code.3.10. The issue to be considered by the Board of Appeals relates to an order issued by the Department of Public Safety to Mrs. Deborah S. Olsen, requiring the installation of a "key box" in the front entry area of the apartment building she owns at 6901 Penn Avenue. -10 The Public Safety Department initiated action in this matter following a fire inspection of the noted property in October, 1984. The matter has been delayed for over a year, based upon the previous City Manager's efforts to research this' particular issue. As is the usual situation in a Board of Appeals Hearing process, and in an effort to provide for an impartial hearing on the issue, all relevant material on this matter will be provided to the Board of Appeals at the time of the hearing. At that time, Mrs. Olsen, on her own behalf or through legal counsel, will have an equal opportunity to present any relevant information she may desire. At the conclusion of the hearing the Board of Appeals may affirm in whole or in part, the action of the city in this matter. The Board may also deny the existence of the violation charges, or if a violation is found to exist, confirm or modify the corrective action to be taken. Finally, the Board may set a timeframe in which compliance must be met, if a violation is found to exist. Re p fully subm' ted, e n L. vic Acting City Manager SD /eja RECEIVED AUG 4 1986 City of Richfield iij III ocvt/ C_O�' f/J,y/J =,le, li� oe_ r rer---- -- - --------- - ------ RECEIVED- -,AUG 44QA6 CitY, of Richfield CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 332 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Two Ordinance Amendments and a Resolution Exempting Vending Machines Which Dispense Bottled and Canned Soft Drinks from License and Inspection Fees. Second Reading. Council Members: Background: During the 1986 Minnesota Legislative Session, a bill was passed which exempts vending machines dispensing bottled and canned soft drink from license and inspection fees previously _0 charged by the State of Minnesota, a city, or a county. Historically, the City of Richfield has charged a license -fee and was responsible for inspection of the vending machines. With the new statute, Richfield's ordinances pertaining to licensure make it impossible to continue this practice and requires amending Richfield's ordinance code. At the August 11, 1986 city council meeting, the city council gave first reading to the amendments to Appendix D of the ordinance code which establishes license, permit, and miscellaneous fees. The two ordinance amendments will eliminate all licensing of vending machines dispensing bottled or canned soft drinks along with any license or inspection fee previously charged by the city. Staff Recommendation It is recommended that the City Council take the following actions: 1. Give second to Section of the City 2. Give second to Section of the City reading to the proposed ordinance amendment 6.13, subdivision 2 of the ordinance code of Richfield. reading to the proposed ordinance amendment 6.01, subdivision 8 of the ordinance code of Richfield. V • • 3. Approve the attached resolution amending Resolution No. 7092 establishing 1986 License, Permit and Miscellaneous Fees. A separate motion would be in order for each action. SLD /eja Res tfully submitted, ev n L. vich Acting City Manager 1� • RESOLUTION NO. AMENDMENT TO RESOLUTION NO. 7092 ESTABLISHING 1986 LICENSE, PERMIT AND MISCELLANEOUS FEES BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that Section 8, Subdivisions (5) and (10) of Resolution No. 70.92 Establishing License, Permit and Miscellaneous Fees is hereby amended to read as follows: TYPE OF PERMIT SECTION OR LICENSE REQUIRING TOTAL VALUATION FEE SCHEDULE FEE (5) Vending Machine 6.01 (a) Food vending machine requiring coin or token (excepting those machines dispensing bottled or canned soft drinks ) 1 year $19 (b) Other food vending machine (excepting those machines Per year for each dispensing bottled or food dispensing canned soft drinks ) unit in thee machine 19 (c) Ice Vending Machine 1 year 19 (10) Soft Drink 6.13 (a) Vending machine dispensing 0 bottles or cans 4-a4 (b) Other vending machines 1 year 19 Per year or fraction thereof per each additional machine 19 Passed by the City Council of the City of Richfield, Minnesota this 25th day of August, 1986. John Hamilton Mayor ATTEST: Thomas Ferber City Clerk 0 . • �y BILL N0. AMENDMENT TO ARTICLE VI, SECTION 6.01 SUBDIVISION 8 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD. Subdivision 8 of Section 6.01 in Article VI of the ordinance code of the City of Richfield, Minnesota, relating to license fee exemptions is hereby amended to read as follows: Subd. 8. License Fee Exemptions. The following exemptions from the the licensing provisions of this section shall be observed: (1) Vending machines operated by the insertion of a coin or token having a value of less than ten cents (10 cents) are exempt from the licensing requirements of this section. (2) Food services in governmental subdivisions, charitable institutions, houses of worship, homes for the aged, child -care homes, schools, charitable and nonprofit hospitals, and employee coffee shops are required to apply for and obtain a license, but are not charged a fee therefore, but are subject to all other requirements of this section; provided that any food vending machine located in any such establishment must be owned by the establishment in order for any license fee thereon to be issued. License fees shall not be waived, under the provisions of this paragraph (2), as to any institution or organization of the type mentioned herein, unless it is a nonprofit organization or institution. (3) Any licensing provision charging a fee that is prohibited by state statute. Passed by the City Council of the City of Richfield, Minnesota this day of , 1986. ATTEST: Thomas P. Ferber City Clerk 40- John N. Hamilton Mayor y o A I) • BILL N0. AMENDMENT TO ARTICLE VI, SECTION 6.13 SUBDIVISION 2 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD. Subdivision 2 of Section 6.13 in Article VI of the ordinance code of the City of Richfield, Minnesota, relating to the soft drink licensing is hereby amended to read as follows: Subd. 2. No person shall sell nor offer for sale by means of vending machines or otherwise, any soft drinks within the city without first obtaining a license from the city manager or his /her designate. Exempt from the licensing requirement of this paragraph is the sale of bottled and canned soft drinks by means of vending machines. Passed by the City Council of the City of Richfield, Minnesota this day of I , 1986. ATTEST: Thomas P. Ferber City Clerk is John N. Hamilton Mayor 6� • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 331 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Ordinance Amendment Prohibiting Off- Premise Gambling in the City of Richfield Council Members: At the August 11, 1986 city council meeting, the city council considered an ordinance amendment which would permit off - premise gambling on an individual basis. At this meeting, the city council requested that an ordinance amendment prohibiting off - premise gambling be drafted. The city attorney's office has not yet completed drafting this ordinance. However, because of publishling deadlines, a notice of hearing was published in th`e Richfield Sun. It is recommended that the city council continue this hearing until the September 22, 1986 city council meeting. SD /eja • Resp Acti bmitted, L : Zvi c h ' City Manager • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 330 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing and Second Reading On Request for the Vacation of Unimproved Right -of -Way at the Intersection of 74th street and Upton Avenue and the Disposition of City Owned Property. Council Members: Background: In 1981 Mr. Eric Lindholm petitioned the city to vacate the unimproved right -of -way adjacent to his property at 7332 Upton Avenue. He also requested that the city sell him a small . triangular shaped tract of land owned and maintained by the city which was dedicated as a park. Mr. Lindholm was attempting to acquire enough property to allow for the construction of a new single family residence. The Planning Commission reviewed the matter and recommended city council approval of the street vacation and also found that the sale of the property would be consistent with the city's comprehensive plan. Because of potential legal problems with the city selling property dedicated for park purposes, the applicant withdrew his application prior to city council consideration. Mr. Eric Lindholm subsequently passed away and in 1984 his son. John Lindholm, requested the vacation of the right -of -way and the sale of the city owned park property. The Planning Commission again reviewed the matter and recommended in favor of the request. Council accepted the resolution for the vacation of the right -of -way and gave first reading on November 13, 1984. However, due to legal complication regarding the sale of the park property, the city could not make any final determination on the subject. Present Request: Now, Mr. John Lindholm has made a new request for the vacation of the unimproved right -of -way at the intersection of 74th street and Upton Avenue. The city council gave first reading to an ordinance vacating this right -of -way at the August 11, 1986 city council meeting and scheduled the public hearing for August 25, 1986. Ordinance Requirement: 1. City Ordinance, Section 12.04 outlines the process for vacation of a street. Staff Review: 1. Land Area and Lot Size The total area of the lot at 7432 Upton is approximately 14,685 square feet. The right -of -way proposed to be vacated has an area of 8,160 square feet and there is approximately 960 square feet of park property. If the right -of -way is vacated, the vacated land would be dedicated to the adjacent property owners. Mr. Lindholm will receive half of the portion of the vacated right -of- way that abuts his property. This additional land would provide Mr. Lindholm with a total land area of approximately 18,765 square feet. Currently, there is a house with a detached garage in the northerly portion of the parcel. Mr. Lindholm intends to subdivide the property into two single - family residential lots. The minimum lot area for a single - family dwelling in the 'R' district is 6,750 square feet with a lot width of at least 50 feet. He may then sell the new lot and the parcel presently_ occupied by a dwelling with or without building a new single - family dwelling on the new lot. He may also decide to live in the new dwelling, if one is built. 2. Utility Easements or Cost of Relocation of the Gas Line There is a four inch gas line located on the unimproved right -of -way and Minnegasco has indicated that an easement would be necessary or that the gas line would have to be moved. The applicant has indicated that he will pay for all the costs associated with relocating the gas line off site. 3. Status of Park Property. The Community Services Commission reviewed the matter on December 11, 1984 at the request of the City Council and determined that the triangle is not an asset to the Richfield Park System and recommended disposition of the property. • C t • 4. Legal Opinion Reaardina Applicants Use of Park Propert The city attorney's office indicated that where property was dedicated for park purposes, the city is a "trustee" for the property and does not have ownership of the property or have the control associated with a street or utility easement. The park is dedicated to the public; i.e. all the property owners in the plat. According to the city attorney's office, the city can legally forego its interest in the park and enter into an agreement with the applicant which would allow him to use the park land as open space. However, any member of the public could challenge the agreement in court and could obtain an injunction invalidating it if the court ruled it was contrary to the purposes for which the land was dedicated. 5. Consistency with the Comprehensive Plan As determined earlier, the proposed vacation of the right -of -way which would allow Mr. Lindholm to subdivide his property into two single family residential lots would be consistent with the City's Comprehensive Plan. The Comprehensive Plan indicates that the property be developed as a single - family residence. 6. Impact on the Surrounding Neighborhood Mr. Steve Milner, 2812 West 74th Street (adjoining property owner to the West) has expressed concern regarding the intended use of the land and the cost of moving the gas line. Mr. McKinnon, 7308 Upton Avenue, expressed concern regarding the aesthetics of the property if it is utilized for any other purpose than open space or a single family dwelling. The applicant clearly stated that the vacant property would be used for a single family dwelling and that it would be his responsibility to pay for all the costs of moving the gas line. Planning Commission Recommendation The Planning Commission voted 5 -1 to recommend City Council approval of the vacation of unimproved right -of -way at the intersection of 74th Street and Upton Avenue with the following stipulations: 1. That a utility easement be granted to Minnegasco in order to maintain the gas line or that the gas line be moved or removed and relocated at the sole expense of the applicant. 2. That the City Council consider with the advice of the city's legal counsel, that the property owner enter into a written agreement with the city which would provide for the maintenance of the public property by the adjacent land owner, and hold the city harmless for any legal expenses that the city may incur as a result of this action. The Planning Commission in a separate motion voted unanimously (6 -0) to pass the attached resolution finding the vacation of the public right -of -way and the disposition of that portion of vacated right -of -way to be consistent with he city's Comprehensive Plan. Staff Recommendation It is the opinion of the staff that the vacation of the right -of -way would be in the interest of the public,in that city maintenance costs would be reduced, and the vacation would not result in any adverse impact on the surrounding neighborhood. Furthermore, the vacation of the right -of -way would allow residential development on the property which would generate additional tax revenues for the city. The City attorney's office indicated that while the vacation of the public right -of -way should proceed like any other vacation of right -of -way, they would advise against the city entering into any written agreement with the adjoining property owner (presently Mr. Lindholm) for the use or maintenance of park property. Mr. Lindholm has expressed an interest in buying the park property from the city. In order to sell the park property, the City Council would have to find a public purpose to condemn the property first, since all the property owners of the plat have ownership to the park property. However, staff along with the advice of the city's legal counsel, will continue to explore the possibility of selling the park property to Mr. Lindholm in the future. This would be in keeping with council consensus that a permanent solution be found for this property. Based on the above information. it is recommended that the City Council hold a public hearing to give second reading to the transitory ordinance providing for the vacation of the unimproved right -of -way at the intersection of 74th Street and Upton Avenue with the following stipulations: C- I 1. That a utility easement be granted to Minnegasco in order to maintain the gas line and that the gas line be moved or removed and relocated at the sole expense of the applicant. SLD /eja • • 4Res fully submitted, L. evich Acting City Manager El RESOLUTION NO. 62 RESOLUTION FINDING THAT DISPOSITION OF CITY OWNED PROPERTY IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN WHEREAS, The Planning commission has reviewed the proposed disposition of the following described property: WHEREAS, petitions have been filed with the City Clerk requesting the vacation of a portion of public right -of -way described as follows: "That part of the north half of the platted street of Penn Lake Terrace 2nd Addition Lying within the following described lines: Starting at the Northeast corner of Lot 6, Block 1, Penn Lake Terrace 2nd Addition, Thence South along the East line of said Lot 6 41.4 feet to actual point of beginning, thence Southwesterly along curved line of Lot 6 a cord distance of 173.0 feet to the Southwesterly corner of Lot 6 also being the Southeasterly corner of Lot 7, thence Westerly along the curved south line of Lot 7 a cord distance of 75.0 feet to the Southwesterly corner of Lot 7 also being the Southeasterly corner of Lot 8, thence Westerly along the Southerly curved line of Lot 8 a cord distance of 39.45 feet, the curve of the above lot lines has radius of 142.41 feet with a delta angle of 121 degrees 12 minutes, thence Easterly along a curved line with a radius of 414.84 feet to the Southwesterly corner of Park as shown on plat of Penn Lake Terrace 2nd Addition, thence Northeasterly along the Northerly line of said Park to the Northeasterly corner of Park on the west right -of -way line of Upton Avenue, thence North along the Southerly extension of the West line of Upton Avenue of Block 1 to the actual point of beginning there terminating. WHEREAS, the proposed disposition is consistent with the Comprehensive Plan, the Comprehensive Plan Goals and Policies; NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds the proposed disposition of property for low density, single family residential uses to be in compliance with the city's Comprehensive Plan. Passed by the Planning Commission of the City of Richfield this 29th day of July, 1986. Connie Hoverson, Chairperson Richfield Planning Commission ATTEST: Steve Quam, Secretary • C� TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE VACATION OF THE UNIMPROVED RIGHT -OF -WAY AT THE INTERSECTION OF 74TH STREET AND UPTON AVENUE CITY OF RICHFIELD DOES ORDAIN Section 1. The following described right -of -way is hereby vacated: "That part of the north half of the platted street of Penn Lake Terrace 2nd Addition Lying within the following described lines: Starting at the Northeast corner of Lot 6, Block 1, Penn Lake Terrace 2nd Addition, Thence South along the East line of said Lot 6 41.4 feet to actual point of beginning, thence Southwesterly along curved line of Lot 6 a cord distance of 173.0 feet to the Southwesterly corner of Lot 6 also being the Southeasterly corner of Lot 7, thence Westerly along the curved south line of Lot 7 a cord distance of 75.0 feet to the Southwesterly corner of Lot 7 also being the Southeasterly corner of Lot 8, thence Westerly along the Southerly curved line of Lot 8 a cord distance of 39.45 feet, the curve of the above lot lines has radius of 142.41 feet with a delta angle of 121 degrees 12 minutes, thence Easterly along a curved line with a radius of 414.84 feet to the Southwesterly corner of Park 0 Y +' as shown on plat of Penn Lake Terrace 2nd Addition, thence Northeasterly along the Northerly line of said'Park to the Northeasterly corner of Park on the west right -of -way line of Upton Avenue, thence North along the Southerly extension of the West line of Upton Avenue of Block 1 to the actual point of beginning there terminating. Section 2. This right -of -way vacation shall not affect, destroy or interfere with the right of any person, corporation or municipality owning or having control of any electric, gas telephone, sewer, water, or other utility to construct, reconstruct, operate, maintain repair and remove any public utility facilities upon or within the vacated right -of -way. Passed by the City Council of the City of Richfield, Minnesota, this 25th day of August, 1986. ATTEST: Thomas Ferber, City Clerk • John Hamilton, Mayor a - AA rRinflegasco A Company of Divem-iued EneMries. Inc. May 21, 1986 Mr. John Lindholm 13508 Fremont Place Burnsville, MN 55337 RE: Relocation of 4" gas main for street vacation at W. 74th Street & Upton Ave. S., Richfield, MN Dear Mr. Lindholm: Minnegasco's charges to relocate an existing 4" gas main at W. 74th St. and Upton Ave. S. will be $3,100 if done this year. This includes 250'± of new gas main and the costs to cut and abandon the existing gas main. Another option may be to have the City of Richfield vacate the street subject to an easement for Minnegasco. This could be appropriate if the proposed house or building were to sit closer to the back of the lot. If I can be of any further assistance, please contact me. Sincerely, i ._ . - Richard J. Pilon P.E. Supervising Engineer Engineering Services 612 - 342 -5426 /jh • 4 1� W V LLI ti 12 5_ :2 S` i w w CL 11 62/71 :A 2929 �• w j ; 11 .6 ❑: n- . 7 10+7 LF IO i7 D= - 9 i 8 Li ❑� 1 —ti s . ��PEl1% = �' LAKE ❑�� �0 17 � �� tOli ( I I • S u w d. IB i3 ❑. ' 0 17 ,4 ❑o. .0 16 IS ❑. 13 !o .0 1417 ❑ ,❑ r ❑ ,3 I B a 12.9 ❑x I 1 _ ❑ 18 �p 15 13 14 1 ❑ h ` � N 2 ❑ o ❑ 14 3 iJ • o 1 4 ❑ N co .. 12 (S L 12 = I ❑ N 16 1 ❑ g ❑ 15 2 ❑ o ❑ 14 3 iJ ,r ❑ 13 4 ❑ N N C] J N 12 S 75th 50 1B 1 ❑ g w sQ .15 2 ❑ o *E1 14 3 ❑ _ N� 13 4 v N 12 5 '� W a 73rd 16 1 r— $ IS 2 1: 2 C w 84 03 ❑ N NEl 12 IS D „ N OSQ II 6 ❑ N Qb 10 7 9 B cl 2 16 1�... . Park w — s❑ I 5S $ IS 2 ❑ 14 3 3 13 4 ❑ N NEl 12 IS D „ N OSQ II 6 ❑ N Qb 10 7 9 B cl 2 R D 16 I 5S $ IS 2 ❑` 14 3 13 N❑ 4 p� w Q " 0. " 12 S cn Q O F-- 14 3 �❑ p= °' L•-' 13 4 ❑ oft «❑ 12 5 D M w ❑ II 6 p z -a 10 7 0 2600 ❑ ❑ 2601 10 M ❑� w❑ 9 a o ° Q A p •'• N � B �I� � 15 , 2 I �C 14 .3 w C 4 t — o ❑ N 4 Y 16 1�... I1 . n r. � � w • 9 I_ w 14 3 �❑ p= °' L•-' 13 4 ❑ oft «❑ 12 5 D M w ❑ II 6 p z -a 10 7 0 2600 ❑ ❑ 2601 10 M ❑� w❑ 9 a o ° Q A p •'• N � B �I� K 7 • Nlflfiegasco A Company of Diversified Energies, Inc. July 28, 1986 Mr. John Lindholm 13508 Fremont Place Burnsville, MN 55337 RE: Relocation of 4" gas main for street vacation at West 74th Street and Upton Ave. South, Richfield. MN. Dear 'Mr. Lindholm: With respect to my letter of May 21, 1986. The $3100 charge for any, gas main relocation and abandonment is the total estimated cost for the project. This cost is normally -paid by the party who benefits from or requests the vacation and relocation. Neighbors not affected by the vacation are not expected to cover any part of the costs. Should you or any of the neighbors have any questions, please contact me. Sincerely, Richard Pilon P . E. Supervising Engineer Engineering Services 612 - 342 -5426 RJP/ jlp 700 West Linden Avenue Minneapolis. MN 55403 7332 UPTON AVENUE 105 49.8 74TH STREET RIGHT -OF -WAY NORTH 4 GAS MAIN • []I 7 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 329 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Public Hearing, Amendment to the Common Element Residential Subdivision Located at 6512 -14 Oliver Avenue South Council Members: Proposal: On June 14, 1982 the City Council approved the common element residential subdivision at 6512 -14 Oliver Avenue at the request of the then owner of the property, Mr. Myron Gunderson. The legal description in the resolution passed by the city _1 council approving the subdivision was as follows: PARCEL A The North 29.8 feet of the South 59.6 feet of the North 875.8 feet of the East 1/2 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. PARCEL B The South 29.8 feet of the North 875.8 feet of the East 1/2 of the West 1 /4of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Range 24. The property was subsequently sold and an error discovered in the legal descriptions. The subdivision was then resubmitted for approval by Mr. William L. Peterson, the new property owner, and approved on June 24, 1985, in resolution 7034 using the legal description contained on a survey by Harry S. Johnson Companies, Inc. The revised legal description submitted for city approval were as follows: PARCEL A The North 29.8 feet of the South 59.6 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. • PARCEL B The South 29.8 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. Now, Mr. Lyle C. Reynolds of Harry S. Johnson Land Surveyors, has again approached the city for an amendment to the city approved common element residential subdivision. This change is required to eliminate an encroachment outside of the party wall of the duplex located at 6512 -14 Oliver Avenue South. This encroachment resulted in part from revisions made in Resolution No. 7034 to the description used in Resolution No. 7026. A copy of the new survey which eliminates this encroachment is attached. The proposed amendment will describe the property as: PARCEL A The North 29.20 feet of the South 59.6 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. PARCEL B The South 30.40 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28; Range 24. (A copy of Resolution 7026 and 7034 are also attached). Legal notice of the public hearing for the proposed amendment has been published on August 13, 1986. Ordinance Requirement: Section 3.55A, outlines the requirement for Common Element Residential Subdivision. Staff Recommendation: Following the public hearing, staff recommends approval of the attached resolution which amends the common element residential subdivision at 6512 -14 Oliver Avenue subject to the following stipulations: 1) No owner may remove or alter any intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder. 2) Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat. 3) Units may not be subdivided without amending the plat. • 4) Common areas or facilities may not be subdivided without amending the plat. 5) In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan. 6) Common areas may not be used for any purpose other than the purposes described in the subdivision plan and contained in the plat. SD /eja • • Res c fully submitted, Resrc� e n L c Acting City Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD APPROVING THE SUBDIVISION OF THE PROPERTY LOCATED AT 6512 -14 OLIVER AVENUE SOUTH WHEREAS, the subdivision of the above - referenced property was approved on June 14, 1982, upon the request of the prior owner of the property, Mr. Myron Gunderson. WHEREAS, the City Council Minutes for June 14, 1982, did not contain the legal description of the property, thereby rendering the Minutes insufficient for recording in the office of the Hennepin County Registrar of Titles. WHEREAS, the subdivision of the above - referenced property was resubmitted for approval by William L. Petersen and approved as Resolution No. 70 -26, on May 13, 1985, using the legal descriptions contained on a survey by Harry S. Johnson Companies, Inc., a copy of which was attached to said Resolution. WHEREAS, the Hennepin County Registrar of Titles Office has determined that the legal description on the survey is incorrect. • WHEREAS, the subdivision of the above referenced property was resubmitted for approval by William L. Petersen and approved as Resolution No. 7034 on June 24, 1985 using the legal descriptions contained on a survey by Harry S. Johnson Companies, is Inc. a copy of which was attached to said Resolution. WHEREAS, William L. Petersen has resubmitted for approval to an amendment to the subdivision of the property as follows (changes in legal description underlined): Parcel A The North 29.20 feet of the South 59.6 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. Parcel B The South 30.40 feet of the North 3/4 of Northwest 1/4 except 24. of the North 876,8 feet of the East 1/2 the West 1/4 of the Southwest 1/4 of the road in Section 28, Township 28, Range NOW, THEREFORE, BE IT RESOLVED by the City of Richfield, that the division of the above - described property be approved subject to the following stipulations: 1) No owner may remove or alter any intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder. 2) Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat. 3) Units may not be subdivided without amending the plat. 4) Common areas or facilities may not be subdivided without amending the plat. 5) In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan. 6) Common areas may not be used for any purpose other than the purposes described in the subdivision plan and contained in the plat. Further, that a certified copy of this Resolution be submitted to the Registrar to Titles of Hennepin County, Minnesota, for recording as provided by law. Adopted by the City Council this 25th day of August, 1986. John Hamilton., Mayor ATTEST: 0 Thomas P. Ferber, City Clerk .- N0,�2^ Bit. 352- L ' HARRY S. JOHNSON COMPANIES, INC. SLOOMINGTON MINNESOTA PHONE 161II B04 -5341 CERTIFICATE OF SURVEY FOR ►"IYROri (- U"L)PRZntl I hereby certify that this is a true and correct representation of a survey of the boundaries of: PARCEL 'A' The North 29.20 feet of the South 59.6 feet of the Borth 876.8 feet of the East 1/2 of the North 3/4 of the Hest 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, township 28, Range 24. PARCEL 'B' The South 30.40 feet of the North 876.8 feet of the East 112 of the North 3/4 of the Lest 1/4 of the Southwest 1/4 of the Northwest 1/4 except road in Section 28, Township 28, Range 24. It also shows the location of an existing building. As surveyed by me or under m dire supervision this 7th day of July, 1986. arry o on, an urveyor Minn. Reg. -No. 5065 SHEET I G: Z ■ % • • • a • HARRY S. JOHNSON COMPANIES, INC. 401 WEST 73TN STREET ■1.00MINGTON MINNESOTA 33420 •NONE 10121 334 -3341 CERTIFICATE OF SURVEY FOR MYRON GUNOERSON r ° d 4 1 2o' E. L-1 we OF T"Fa v. 1/z OF 41E W I c N.W4 OF THE W.V4 oc THE NN 5W. V4. OF: WW,I /4, SEC.ZS TWP. Z8. R6E. z4. /. GoNL, x\Pf7a1.1 + --� 3943 5q Fr. ' O.dJ05 A•G21 =6 fAwev- 9 to no 5oz 541 9'Z0 "E ' 1 I t� hJ S 61 1 1'Zr1 v)(1 p "al pu t vx\\ �. '5Tefs fn U _ \ - V&AMTOZ. -10-41 - + —'L'6" Pr-Te¢s 3 N��f- G�- 5q.to1ecWew Noe °cn'a'7•w v re1.e a 4105 SQ. F , 0.094Z AG�5 L_ - SNIEE9" 2 0 f 2 :5 HeSTS I 1 ,U I 61 1'Zr1 4 ' pp T 'A P-- ^ - t a Y 04 ,' 214 1416 +� !f ^D 30.,1 - V&AMTOZ. -10-41 - + —'L'6" Pr-Te¢s 3 N��f- G�- 5q.to1ecWew Noe °cn'a'7•w v re1.e a 4105 SQ. F , 0.094Z AG�5 L_ - SNIEE9" 2 0 f 2 :5 HeSTS I P, MNI 0W T, e ,WWWA 7- T F VN, -'I_'II,, . 4i A G7 4, " ' o HARRY SAOH SON 1 } r µ - LAND SURVEYORS, v `TN mn Mity:of Richfi.eld7MT7UM;, .00, Po ritl a nd Avenue _C"Kf iel d_';MN':--. 554, ii- 'R 9 Zj. Tow Hid 'I m n MIS QW MR, -,-1- 6 1 Near Sir.-` g- Enclosed are the revised descriptions tor thelot split a 512 an -'-Oliver Avenue South' -!:'I would like you-to use these des ript'i6ii.,,'.'jn� -revi s i ng Resolution No. 7034, a co of which is also enclosed.! 1, 5, A , g ' 5 01;4. A-if, outside" of the part�-- •.,7Th i s ange 'is-'r'*e"q;uiired-to'*elimin'ate"-an 'ehcroac"hment -,Wall of the duplex, located at- the " above' 'address.­?`., Thi s­, encroachment's Z Z -, resulted, in part ;from revisions made in '�7 Resolution No.',034, �f �,-the descriptions used in ­Resolution No.: 7 026. NA .1 it 0, ­,.. . . - - - Pleas e note.; that-the'changes,relative -to the 'descriptions Used 'A h.1 'Resolution No. 7034 are :in bold face prini t q li� w M W w arc _ ,3 �:` 5 `,I�2 c «7 a'£' rr'r f you have any qu,estions regarding the above or require , ," qu -. ­information,:please'contact me at 884-5341. ILL MOWNIVIN:� rvv ^y x �.. $t #b� � ; I �J. Inc, rely V WW V ",-F ...... Vr NY, C. Reynolds,� R L ZI e -LCR/me -r'*',qncl osu re 1 owl- I Ao ------- ...... 17 i +,S,' 6 Z to IM. !fit -3 ki,J ptt -y' �7. .a t ol. -g V� r_lq t is i RESOLUTION NO. 7034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD APPROVING THE SUBDIVISION OF THE PROPERTY LOCATED AT 6512 -14 OLIVER AVENUE SOUTH WHEREAS, the subdivision of the above - referenced property was approved on June 14, 1982, upon the request cf the prior owner of the property, Mr. Myron Gunderson. WHEREAS, the City Council Minutes for June 14, 1982, did not contain the legal description of the property, thereby rendering the Minutes insufficient for recording in the office of the Hennepin County Registrar of Titles. WHEREAS, the subdivision of the above - referenced property was resubmitted for approval by William L. Petersen and approved as Resolution No. 7026, on May 13, 1985, using the legal descriptions contained on a survey by Harry S. Johnson Companies, Inc., a copy of which was attached to said Resolution. WHEREAS, the Hennepin County Registrar of Titles Office has determined that the legal description on the suzvev is incorrect. WHEREAS, William L. Petersen has resubmitted the subdivision of the property as follows (changes in legal description underlined): Parcel A The North 29.8 feet of the South 59.6 feet of the North 876.8 feet of the East 1/2 of the North 3/4 011'_ the West 1/4 of the South- west 1/4 of t::e Northwest 1/4 except road in Section 28, Township 28, Range 24. PARCEL 3 The South 29.8 feet of the North 876.8 feet of the East 1/2 of the North 3/4 of the West 1/4 of the Southwest 1/4 of the VOr _west 1/4 except road in Section 28, Township 28, Range 24. NOW, THERE."CRE, BE IT RESOLVED by the City of R- chf -eld, that the division of the above -cescr -bed property be approvec subject to the following stipulat ions: 71 - 2 - 1- No owner may remove or alter any intervening common wall separating two units for the purpose of joining such units without amending the plat to permit such joinder. 2. Except to adjust for settling or lateral movement of structures, the boundaries between adjoining units may not be relocated without amending the plat. 3. Units may not be subdivided without amending the plat. 4. Common areas or facilities may not be subdivided without amending the plat. 5. In the event that any unit is damaged or destroyed, it must be rebuilt to the boundaries of that unit as described in the subdivision plan. 6. Common areas may not be used for any purpose other than the purloses described in the subdivision plan and contained in the plat. Further, that a certified copy of this Resolution be submitted to the Registrar of Titles of Hennepin County, Minnesota, for recording as provided by law. Adopted by the City Council this 24th day of June 1985. i hn ani� ton, :savor AT�EST: J Thomas ?eroer, Clay Clerk RESOLUTION NO-'7026 RNuLUTION OF Tr CITY COUNCIL OF y CITY OF RICHFIELD APPROVING ME SU307V =SIGN OF THE 2ROPER?'Y LOCATED AT 6512-14 OL_''J rrR yV :iL'= SOUTH Itlr' 7'S, the subdivision of the above- refe-renced property was accr ovec or, June •14, 1c82, upon tae request of the prior owner o_ tae praper `y, Mr. �iy-an Gunn -r scra. � ° City h � �.auncil m3.. ^.L1t8s Or Julie 14, 1982, did not- conzai-n the legal description of the property, thereby rendering tae Minutes insufficient for recording, in' he Office of the ". -a Titles. t.'aL.*Ity �e��'iSt� r C� WHE-R3AS, the subd= Vision of tae above - referenced prcperty has been resuceitted far approval by William L. Peterson as f011awS : �? CE T.^.e North 29.3 feet OC the South jy.O fe °� Of tae North S! i •3 ''e °_t of rile fast 1 /2 oS' t. ^ ^_° 'Nest /4 of the JOUta'r7eSt 1/4 of -tae ;tort :west 1 /4 except road is Section 23 Townsh_-e 23, Range 24. p LR C iS:e •�. oll..n ! j .3 -ae t. a. vile Noy vii v (� •:. -3 °_ : O. �ae :ate 1 /� O. t. ^.e McSt 1 /4 Of t SOLitawes t i /1 of tae Nor i.::we /4 .7 V i except road is Section 23, Township 23, Range 24. -� r..,. e T R T 1-Ala r.. .y r.�r Li L 1 ba V CZ h -:` d , a . Vne q- .7 -s-cn of above -ceiq_ _r2c pa ^^er;.y pe aperovaq subllecv to N e- -olicw : ^g .i'V� auJil>• ~ . 1. No owner may recove or al e- any separating -.-To un-4 is for c: s :)u COse of, ;C:: =. ^.� such, '� I-z w:tncut a =enzl: := Lae p.at t.^, pe mac_. ^.per 2. Except to ad4ust :or settling Or lateral =cvemen- sir- ctures, tae :curdares :.e 'ween ' aa - � �.—= - ,.J Way 11 ' °= na Z l 7ne 13v. .s =ay not. be sLbd_'. :ded witnCtlt =_We;''' � �he ^' $- ay - ~= 4. C.C. -Mcr areas cr facie =ties nay ^c t oe suod 'red_ wi �aout anerdi::g tae plat. 5. in the event that any _,nit is damaged cr destr ^v y_e d, i,. Host be rebu_1`, to the boundaries cf teat unite as described in, sae- subdi vision plan. 63 a. Camman areas may not be used for any purpose other than the purposes described in the subd,'v -sion plan and contained in the plat. � ^3t a C2rt___ed OOpy Oi this =eSCI'1L4 on be sul mitted , t t. i es C, ?nrorJi, ^. CCLu ^_L;v, i'!�, ^,Ae30L2, I'Or r?cvrc:ng as prov: ec by lair. Adoptad by the Cit? '01=47 phis 1 j7th da, of May, 1965. 1370c Thomas Ferber, Cizy CieCk s • 0 • • • CITY OF RICHFIELD,, MINNESOTA Office of City`Manager _F C The Honorable Mayor and Members of the City Council City of Richfield Council Letter No: 328 Agenda August 252:1986 Subject: Construction Cooperative Agreement with Hennepin County for the 66th Street /Penn/ XerxestAvenue Street Improvements Council Members: Background: In 1984, the cityfcouncil approved a plan for street and storm drainage improvements for th.e 66th Street /Penn Avenue /Xerxes Avenue area. The project entails a $2 million street upgrading that--.will extend f -rom Morgan Avenue along 66th Street, and from 65th,-land-67th Street along Penn Avenue. Raised concrete medians.will ::be added to all four legs of the 66th Street /Penn Avenue intersection; streets will be widened to allow for left -turn lanes; egad sidewalks and street lighting will be added to the area. Inaaddition, a storm sewer and water control project for the 66th Street and Xerxes Avenue area was recently added to the design layout. These improvements have been recommended because of the deterioration of the pavement surface, congestion caused by high traffic volumes and the higher than average accident rate:at the 66th Street and Penn Avenue intersection. Construction of the project has been delayed pending approval of the plans by the Federal Aid Urban Department (FAU) engineers. Current Status: Hennepin County Department of Transportation has now received final Federali.Highway Administration Approvals on the 66th Street /Penn Avenue /Xerxes Avenue improvement project. The project can now be bid7for 1987 construction. The attached construction cooperative agreement stipulates county and city responsibilities and crosts. The following outline describes the major provisions of the agreement: Sections I and II The county agrees; -to handle the contract administration and inspection from the bid process through construction. Section III The county agreescto acquire right -of -way and the city agrees to pay half ofathis cost, plus incidentals. I "-- / Section IV The cost of the construction items are divided consistent with discussion to date. Federal Aid to Urban System (FA "US) funds will pay for 76.74% of the road cost. Storm sewer items are shared according to amount of area contributing drainage. Section V Richfield agrees to share engineering costs. Richfield VI Richfield agrees to pay 90% of its share within 60 days of contract award. State Aid and Storm Drainage Utility will be available at that time. Section VII Monthly progress reports will be available. Section IX The county reserves the right to protect the new surface by refusing street cut permits for five years. Section X • Richfield will care for its own traffic signs during construction. Section XI No Parking restrictions will be enforced by city forces. Section XII Richfield must maintain and care for the sidewalks within the project. Section XIII Richfield will charge reasonable fees for electrical permits. Section XIV Richfield will supply a metered service. Section XV and XVI The county is responsible for the timing and core traffic signals. MSection XVII and XVIIII Hennepin County and Richfield civil rights, discrimination and affirmative action policies apply. Recommendation: It is recommended that the city council approve the attached agreement and authorize the Mayor and Acting City Manager to execute the agreement by approving the attached resolution. SD /eja • • Respe tfully submitted, Steven L. v ch Acting City Manager RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO SIGN AGREEMENT P.W. 14 -19 -86 FOR THE 66TH STREET/ PENN AVENUE /XERXES AVENUE PROJECT r WHEREAS, the City Council of the City of Richfield, Minnesota approved Agreement P.W. 14 -19 -86 with Hennepin County at the August 25, 1986 city council meeting. NOW, THEREFORE, BE IT RESOLVED that the Richfield City Council authorizes the Mayor and Acting City Manager to sign the agreement. Passed by the City Council of the City of Richfield, Minnesota this 25th day of August, 1986. ATTEST: Thomas Ferber City Clerk • John Hamilton Mayor ',ell—J, Agreement No. PW 14-19-86 County Project Nos. 8056 & 8026 County State Aid Highway No's. 53 & 32 City of Richfield County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the -State of Minnesota, hereinafter referred to as the "County" and the City of Richfield, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of those portions of County State Aid Highway No.. 53, also known as West 66th Street, between York Avenue South and Sheridan Avenue South (Engineer's Stations -10 Ls 549 +58 to Ls 569 +86) and between Sheridan Avenue South and Morgan Avenue South (Engineer's Stations Ls 569 +86 to Ls 590 +22) and that portion of County State Aid Highway No. 32, also known as Penn Avenue South, between West 67th Street and West 65th Street (Engineer's Stations Ls 672 +30 to Ls 685 +07) as shown on the County Engineer's plans for County Project Nos. 8056 and 8026, which improvements contemplate and include grading, drainage, concrete curb and gutter, bituminous base, bituminous surfacing, bituminous overlay, retaining walls, traffic signals and other related improvements; and WHEREAS, A portion of the above described projects lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described projects and -1- an estimate of the total cost for contract work in the sum of One Million, Nine Hundred Fifty -Six Thousand, Seven Hundred Five Dollars and Eighty Cents ($1,956,705.80). A copy of said estimate (marked Exhibit "A ") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I That the County or its agents will advertise for bids for the work and construction of the aforesaid Project Nos. 8056 & 8026, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. II The County will administer the contract and inspect the construction of the contract work contemplated-herewith. However, the City Engineer of Richfield shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. 0 -2- 0 III The County or its agents will acquire all rights of way, permits and /or easements required for the construction of said projects. The final cost of all rights of way, permits and /or easements required for the construction of said projects plus all costs incurred by the County in acquiring said rights of way, permits and /or easements shall be apportioned as indicated in the DIVISION OF COST SUMMARIES in said Exhibit "A" attached hereto. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused *by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway Nos. 53 & 32 as shown on the plans for County Project Nos. 8056 & 8026. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal. IV The City shall reimburse the County for its share in the construction cost of the -3- contract work for said projects and the total final contract construction cost shall be apportioned as set forth in the DIVISION OF COST SUMMARIES in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said projects and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said projects according to the provisions of this paragraph. 0 In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17 %) of the amount computed as the City's share of the contract construction cost for Project No. 8056, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. lTJA Within sixty (60) days after an award by the County to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ninety percent (90 %) of the estimated City share in the contract construction and engineering costs for the projects. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. The remaining ten percent (10 %) is to be paid to the County upon the completion of the projects and submittal to the City of the County Engineer's Final Estimate for -4- the projects showing the City's final share in the contract construction and engineering costs. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of these projects. VII The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. VIII -0 • All records kept by the City and the County with respect to these projects shall be subject to examination by the representatives of each party hereto. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of these projects for any service cuts in the roadway surfacing of the County Highways included in these projects for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. -5- yi y X It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of these projects. XI Upon completion of these projects, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on- street parking on those portions of County State Aid Highway Nos. 32 and 53 constructed under these projects recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XII It is understood and agreed that upon completion of the improvement proposed herein, all concrete sidewalk included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the is hereinbefore described sidewalk maintenance, existence, restoration, repair or • replacement by the City, or arising out of the negligence of any contractor under any • contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. XIII The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. XIV The City shall install, or cause the installation of adequate three wire, 120/240 volt, single phase, alternating current electrical power connections to the traffic control signals and integral street lights included in the contract within the corporate limits of the City at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of the said traffic control signals and street lights at the sole cost and expense of the City. -7- Xv • The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XVI Upon completion of these projects, the County shall thereafter maintain and repair said traffic control signals all at the sole cost and expense of the County. Further, the County, at its expense, shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles. 0 XUII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 0 • "%- %Cr XVIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the,part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIX The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a pant of this agreement as though fully set forth herein. -9- IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. 0 (Seal) ATTEST: Date: CITY OF RICHFIELD By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN By: Chairman of its County Board Date: And: Upon proper execution, this agreement Associate County Administrator will be leg_qlly valid and binding. and County Engineer By: Date: Assistant County Attorney Date: / I I—,? fO -v Approved as to execution By: Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By: Director, Department of Transportation Date: J ommmmmcGS5m1986661ftim @6 SmB @L�66 @ @61m:5t19S66Qmm O WOW aO,aaammIDmt Q in S — Ml -MWV% DQMSOmm0,01- m1Aw0 @mm O soaI- I•.Dn! -0m-0 D<m>.DO'tiaManP•yt -PamaM +a.DnPN @Mm S {/� n O' •• a s •+ N N {ANN• -• .� ......D M .O .O r- ID IPt at N M aA N ro O` in 4 A .0 a m n .+ < .• .. h N IO M .. 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S Z � - +32SJ N 16• y ^ = n f 6. u U✓e O r Uzo Z C N z < 00-9 y u u cv C O N y O t C Z y s z < v r Ll • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 327 Agenda August 25, 1986 The Honorable Mayor and Members Of The City Council City of Richfield Subject: Appointment To Vacancy, ILN Residential Advisory Committee Council Members: On June 9th, 1986, the City Council appointed twelve people to the Residential Advisory Committee. Cindi Kendall of 7645 Garfield Avenue was one of the twelve members. On Monday, August 18th she indicated to the Acting City Manager that she would be unable to serve. Cindi Kendall was selected from Area 1. One other individual from Area 1, Mrs. Roland Larson, 7638 Harriet Avenue, expressed interest in serving on the Committee. Mrs. Larson was contacted by staff and is agreeable to becoming a member of the Committee. It is recommended that the City Council adopt the attached resolution naming Mrs. Roland Larson to the Advisory Committee in place of Cindi Kendall. SD /eja 5 en tfully ubmitted, GV44 L. evich Acting City Manager .I'. • RESOLUTION NO. APPOINTMENT TO VACANCY, ILN RESIDENTIAL ADVISORY COMMITTEE WHEREAS, the City Council established on June 9, 1986, an ILN Residential Advisory Committee (Committee); and, WHEREAS, Cindi Kendall was appointed to the Committee but is now unable to serve. NOW, THEREFORE, BE IT RESOLVED: 1. Mrs. Roland Larson of 7638 Harriet Avenue is appointed to fill the vacant position 2. The City Manager is directed to inform Mrs. Larson of her appointment by the City Council. Passed by the City Council of the City of Richfield, Minnesota this 25th day of August, 1986. 0 John Hamilton, Mayor ATTEST: Thomas Ferber, City Clerk • v Z%Z CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 326 Agenda August 25, 1986 The Honorable Mayor. and Members of the City Council City of Richfield Subject: Request for Permit for Illuminated Sign At Richfield Shoppes North, 6601 Nicollet Council Members: Arrow Sign Company has requested an advertising permit to erect an illuminated sign at Richfield Shoppes North located at 6601 Nicollet Avenue. City ordinance provides that the city council must approve all permits for illuminated signs. The sign is to be a double -faced pedestal sign with constant illumination, measuring 9'11" X 616 ". Staff Review and Recommendation: The inspection division has reviewed the sign permit and finds that the sign conforms to all applicable city ordinances. It is recommended that the city council approve the permit application for an illuminated sign at 6601 Nicollet Avenue. SD /eja • ReQL.11y bmitted, Acting City M anager Y AP°R.OVE APPROVE a DENY : City Manager Date DENY❑ :� Planning Department APPROVE DEN,-f[]: Inspector Date APPROVE F-1 DENY H : City Council Date = .'! Date 4poute to above for special approval per code General Sins APPLICATION FOR'ADVERTISING PERMIT City of Richfield, . Minnesota Date I 9# Zoning �� r,,�, Sign Erected - Yes No Fee . Address of Sign 4�LLQ1 � �! ,� - Proprietor Namje j � r-_,(r,.DBA Sign Erector dS1 1►,� Address 1 Type of Sign Design Weather Cover gh�ting�. lWall Single Face Clear Lexon Constant Projecting Double Face Frosted Lexon Flashing Ground Multi- Faced Plastic Covered Revolving Roof Aerial /Blimp Shaded Traveling Pedestal Searchlight Neon Zip Lite Changeable Banner /Pennants Other Other(Explai::' Temporary Portable Frame: Sign Colors Trailer T [] A F1 Post M Illuminated" Yes' No Watts ectrical Contractor Address Phone Property Owner or his Agent Signature Phone Estimated Cost Sign Width �(�� - 1keight Total Square Feet Position of the advertisement structure in relationship to the adjacent buildings, sidewalks, curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on drawing with significant dimensions and attached hereto of major signs. Minor signs as defined on page 2. Two blueprints of the sign, billboard, or outdoor advertising structure construction plans: including specifications, list of materials, and explicit anchoring or fastening details and a copy of the stress sheets, calculations, color of sign structure. Does the sign copy relate solely to the business, institution, or activity conducted on the premises? I Will the sign, structure, or billboard restrict any sight distance under, around, or over for safe access by persons destined for or passing the subject premises? -� I Applicant's Signature and Title with Firm ll 11 '' ` II t Phone Number _J4 3 - � ) la44 Date �kt 1985 PLEASE SEE REVERSE SIDE FOR SIGN LOCATION SKETCH Sivert Hendrickson /Building Official = 866-5061 a� • ys 3 � -- L��I�I1 1��L1F Imo) �� • s� 0 • �I 7 O Y W *me 1 1 .I I l l I l I l l i l Z � I I.i IIII I C4 ` IS83 heals 4199 i O y 5/ 7 E� C a' a� 0 V z _o N A tl N R � Q N Q. CL O Imc oma .a O cn V Y. - e of Sien Design Wall Projecting Ground Roof X Pedestal Changeable Temporary Trailer Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: T ❑ A E] Post ❑ Weather Cover Liihtin Clear Lexon X I Constant Frosted Lexon Flashing Plastic Covered Revolving Shaded Traveling Neon stainless Zip Lite Other steel column Other(Explain) Sign Colors Red, white and blue If Illuminated Yes No watts see blueprint 9 trical Contractor S igncraf ters Address 7775 Main S rpot Phone Nortneast Property Owner or his Agent Signature Phone 544-0978 Estimated Cost $5,000 Sign Width 2 8 Heith*_ 4' Total Square Feet 160 571 -2995 Position of the advertisement structure in relationship to the adjacent buildings, sidewalks, curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on drawing with significant dimensions and attached hereto of major signs. Minor signs as defined on page 2. Two blueprints of the sign, billboard, or outdoor advertising structure construction plans: including specifications, list of materials, and explicit anchoring or fastening details and a copy of the stress sheets, calculations, color of sign structure. Does the sign copy relate solely to the business, institution, or activity conducted on the premises? ves Will the sicn, structure, or billboard restrict any sight distance under, around, or over for safe access by persons destined for or passing the subject premises? no Applica is Signature and Title with Firm Attorney for Terry Feldmann's Imports, Phone Number 339 -7633 Inc. Date Acril /f, 1986 PLEASE SEE RE%ESSE SIDE FOR SZGti LOCATIOr SKETCH Sivert. Hendrickson /Building Official - 866 -5061 ,s l u �� 's APPROVE F7 F7 DENY❑ : APPROVE s'' DENY : City Manager Inspector Date Date /1- r `G APPROVE �,�' DENY❑ : '�.�,�., � ��(� APPROVE ❑ DEN ❑ '-' Pla!n hi n ep rtment ` City Council Date /''S� Date Cc,' /L /<.���iiuv L•IiC CAF- :%t jai. ✓A n..:.i L 9te to above for special approval per code General Signs APPLICATION FOR ADVERTISING PER`1IT City of Richfield, Minnesota C'enerel ' Date 4/18/86 Zoning Commercial Sign Erected - ''es No X Fee Terry Feldmann's Address of Sign 920 West 78th Street Proprietor Name Imports, Inc. DBA N/A Sign Erector Signcrafters Address 7775 Main Street Northeast e of Sien Design Wall Projecting Ground Roof X Pedestal Changeable Temporary Trailer Single Face Double Face Multi -Faced Aerial /Blimp Searchlight Banner /Pennants Portable Frame: T ❑ A E] Post ❑ Weather Cover Liihtin Clear Lexon X I Constant Frosted Lexon Flashing Plastic Covered Revolving Shaded Traveling Neon stainless Zip Lite Other steel column Other(Explain) Sign Colors Red, white and blue If Illuminated Yes No watts see blueprint 9 trical Contractor S igncraf ters Address 7775 Main S rpot Phone Nortneast Property Owner or his Agent Signature Phone 544-0978 Estimated Cost $5,000 Sign Width 2 8 Heith*_ 4' Total Square Feet 160 571 -2995 Position of the advertisement structure in relationship to the adjacent buildings, sidewalks, curbs, roadways, overhead utility lines, vehicle movement lines, or public facilities on drawing with significant dimensions and attached hereto of major signs. Minor signs as defined on page 2. Two blueprints of the sign, billboard, or outdoor advertising structure construction plans: including specifications, list of materials, and explicit anchoring or fastening details and a copy of the stress sheets, calculations, color of sign structure. Does the sign copy relate solely to the business, institution, or activity conducted on the premises? ves Will the sicn, structure, or billboard restrict any sight distance under, around, or over for safe access by persons destined for or passing the subject premises? no Applica is Signature and Title with Firm Attorney for Terry Feldmann's Imports, Phone Number 339 -7633 Inc. Date Acril /f, 1986 PLEASE SEE RE%ESSE SIDE FOR SZGti LOCATIOr SKETCH Sivert. Hendrickson /Building Official - 866 -5061 • • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 324 Agenda August 25, 1986 The Honorable Mayor and Members of the City Council City of Richfield Subject: Presentation of Donation by Richfield Lions Club Council Members: The Richfield Lions Club has been an active supporter of the Richfield Community Center, its facility and programs for many years. Each year a pancake breakfast, sponsored by the Lions Club, is held at the Community Center as a fund raiser. At the August 25, 1986 city council meeting, the president of the Richfield Lions Club will be in attendance to present a donation of $715 to the city. We thank the Lions Club for its continuing support of senior and adaptive programs in the City of Richfield. SD /eja Res e tfully ubmitted, i L. e iv; ich Acting City Manager