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05-26-81 agenda7# // CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 183 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: City Manager Retirement Plan The 1981 State Legislative session passed a bill which allows city managers in the State of Minnesota to be excluded from membership in the Public Employees Retirement Association (PERA} upon adoption of a resolution by the city council employ- ing the individual city manager. The election to exclude is conditioned on the choice by the city manager to utilize a deferred compensation program as an alternative retirement plan. PERA currently requires ten years of membership before any individual becomes vested in the program. If an individ- ual stays in Minnesota in a local government position for less than 10 years, that individual is refunded the employee contrib- utions upon leaving the state. The employer contribution stays in the PERA fund and the city manager loses any claim for any future retirement benefits. red The International City Management Assoc- anon - retirement corporation (1cMA-x~~ is a aeterrect compen- sation program which was organized in 1971 for the purpose of allowing city managers to defer income for future retirement purposes. Under Internal Revenue Service laws, up to 25 percent of an individuals income, with a maximum of $7,500 per year, can be deferred in this mannner on a tax free basis for this retirement plan. The ICMA-RC is a portable retirement plan which travels with the city manager from one location to the next. For instance, I originally joined ICMA-RC when I was an assistant city manager in Colorado. Contributions made on my behalf by the City of Englewood, Colorado accumulated in a fund held in that name in Washington, D.C. When I moved to Musca- tine, Iowa, the assets of that fund were transferred to the ownership of the City of Muscatine, and the City of Muscatine PERA law requires employees to contribute 4 percent of their salary to the retirement fund. In addition, the city must match the 4 percent contribution of the employee and in addition contribute 1 1/2 percent of the city manager's salary to PERA to help pay for unfunded liability in the plan. The Council Letter No. 183 -2- May 26, 1981 made additional contributions to the ICMA-RC on my behalf. Upon moving to the City of Richfield all of the funds contrib- uted by the City of Englewood and the City of Muscatine were transferred to the ownership of the City of Richfield and are held in the same account at this time. I currently defer part of my income to go to this retirement program, since the chances of my retiring without ever vesting in any retirement plan are potentially high. The legislation which has been passed was supported heavily by the Minnesota City Managers Association and involved an intensive lobbying effort on our behalf. It provides the mobility necessary for pension benefits for a professional who frequently finds himself/herself in the position of interstate mobility. Adoption of the resolution which will be handed out at the May 26, 1981 city council meeting, would allow the city manager of the City of Richfield to exclude himself from coverage in PERA and to use an employee and matching employer contribution as a contribution to the ICMA-RC program. The city would save 1 1/2 percent additional contributions which formerly went to PERA. It is recommended that the. city council adopt the resolution concerning the city manager's retirement plan. Res ectfully submitted, ~e Karl Nollenberger City Manager KN/ej a ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 182 Agenda May 26, 1981 The Honorable Mayor ~~t~N ~ and ~' „Y ° Members of the City Council ~~~ ~'~ City of Richfield ~`' c4 Council Members : \ c~~ ~ ~ Subject: Location of West Richfield Girls Softball Fields At the council meeting of April 27, 1981 the city council considered the proposed location for girls softball at Donald- son Park as compared to Monroe Park. As you know, the Monroe Park neighborhood process has been underway in recent months in an attempt to finalize the planning for construction of Monroe --Park in 1982. Resolution of the Monroe Park planning process has been temporarily recessed until a decision concerning loca- tion of the softball fields can be finalized by the city council. Much information has been sent to the city council on this issue in recent months. Since the April 27 meeting, we have attempted to reinterest_the West Richfield Girls Softball Assoc- iation in the West Middle School site. In a letter that was sent to myself, with a carbon copy to the city council dated May 20, 1981, the West Richfield Girls Softball Association in- dicates that they are not interested in the West Middle School site either. The city council deferred action in April as a re- sult of the covenant for the property owned by the city known as Donaldson Park. We anticipate having an answer from the attorneys involved with Allied Stores by the time the city council meets on Tuesday evening. =Regardless of the specific outcome of that discussion, it is recommended that the city council request the school board to authorize construction of two softball fields at West Middle School. Along with meeting the essential needs of the girls softball association, the general taxpayer saves approx- imately $50,000 of cost by construction of the fields at this location. In addition, the overall benefit to the entire commun- ~.ty is substantially greater than any other alternative. I would encourage the city council to review past .materials on this matter and to be prepared to make a determination on Tuesday evening. Maps of the potentials at each of the three locations are included with this council letter for your review.' If you have any additional questions, please feel to con- tact me either over the weekend, or on Tuesday so that we can prepare answers for you by Tuesday evening. Si erely yours, ... ~~! arl Nollenberg~r City Manager _.__---' f w. -/. ` 1~1'~i//~I I~ Z ~ c' -~ c ~' r , , ~~ ~~ ~,, c `~ I ..~ ~... ~~, ~ ; ~~ I ~~~~ v D ~ R~ U0 rOy~ O O ~CTIR Jl; J • ` \ ~-, _.~ ,- 1 \ / ~. ;~ ,~ .-~: ~- E \. .. ~ ~\( ' .. , ,I . ~ ~i ,,, ~,1~;~, .. `' `,~. • '' .. ~'II;;' ,~ ~,,, ":~ii;;i,",I .. ;I ..,1 ~,r~ °~',1 ~~ W. ~~ z .. ~ ~ s . ~~ t~ ~ .. ~ ~ ~. -__ ~~ ~~ 1 ` .. .. ~` ~~ F ,\ c L i=`~~/ ~i~ .. ~~ `, ~ ~I~~ _ ' i,` ~~ a ~` ~ ~ , i~ ~ ~ ~, i ~, j i r ~~ ~ , ,,. 1 i ~ '~ ~.: i a ~ ~ ~~ I l I ~`~a ~ ,~ v I ~ I I ~ ~ ~-~=~ ~ ~ ~I ~ ?. ~ ~ ~ ~ ~~, .. ~ ~ ., ~ ~' ,; ~ :,, ~ ~~ . ~~~ r~- is ~.' _, , F ; .~ .. ..~ T.. ~~ ~~~ ~° ~ ~ °~" °" ~=` ' r~'"' °`"~d ° Brauer & Associates Ltd. Inc. ' .<wa<a 1901 Fying Cbutl Drive, Eden Rorie, A4ruKwfA 55341 ~ ura va ~wsa a. awea Lnmmro r.r [n.a J i_ws r.o _ _o.i< ~ _ _~L-.__ ___ I ,~ f ~I I ~ ~^.. ~a jj ~~~ (o) ~~ ,~ ': r ~ ~~ ga o ~ ~$ '~ ~~ , ~ ~o ,~ i, 1~ . ~ ~ J ~ ~ ~ ~ h ma ,~ a A nc M xC bt T: \ at oa S iP 7m ` „ a b e _ _.. W ~~ ~~~~ ~R ,~ ,~ ~~--- o ~ ~ I`- ~ '",'~ ~ ~\ ('`~ ~` ` ,~~,,~ k ~ ~ coo ~'~.°l( y. o ~~ ~~ ~~`~ ~ \ m ~ ~ \... of ~ m ~~ .:.-- -~-_ _ ~ _ ~ , -:f~ ~ f ~ ~r a7~ {~~»,,,....... ~ ~ ~ _ ~~l ~- ~ `- ~ ~_ i II ~I it ~~~ ~-------- ----- ~' I -----~-- FYC t['A'i~ ~:IW ~~ ~ -~ I '~ n--J ~ 4= P ---i - -i i- ~-?-- ~ _ ~ I ~ ~_-F-~ ~ L_ - ~~ ~--~ .... '1 ~'__^ ~ } ^l_ \ ~____~~ -~`1 / ,: 1 DONALDSON PARK i i I I I I a ~' '=°"~" "~aa_°~~~°, Brauer&AssociatesLtd.( ' "411A """"AO`O - -' 7901 Fl%in8 Cloud Drne, Eden Praine, ~.tinnewta 553u -- -_-- -- --. ~ ~ ua. ms w.dm. rra as-- rrawar.o r.r <na<. ~ ~ b r.o _ ow. _ ~ _ --. L- -J J "~' n CITY OF RICHFIELD, MINNESOTA Off ice of City Manager ,~ Council L~tt~r N®. 1~2 . ~~'~'c Agenda April 27, 1981 v The Honorable Mayor n ~ ~ ~ r ~ ~ ~' ~ ~~ f and ~ ~ ~~ ny4 ~ ~` ~ s o ~' ~~~ , ~ ~ ~ ~, Members of the City Council f f ~ ~ ~ V ~~ ~,~ ~ ~ City of Richfield ~ ~'~n,'~a ~~ ^. ti ~ - .Council Members : ^~,~• - ~,~,'~q '~ Subject:Location of Ballfields for West Richfield ~~~~~~~` .- . ~4. Girls Softball Association ~ ~ ~ . ,,~ - ~ ~ ~ In 1969, 'the City of-`Richfield 'park system wasestablished `~ N ;. ". ~ ras :.:a 'comprehensive network ~'of .open space "for "the "community. In ~N ~~ ~' '19,70, `^a'=cit wide` rocess' was undertaken"with `'meetin s held to ::allow Y P g community :input :into `the ''direction nor approach"to 'execute the- system. Development` of the `'park system:-has""been `'proceeding-`since .~. ~,~ ,that-.;time..-:with major 'park'-';improvements'~(Roosevelt, Donaldson, F~n~M: I_~~w _: ~; - Taft, Christian) Band minor,.park;;improvements (Sheridan, Memorial, Nicollet, New Ford Town). In each instance of park development, ~:;,t- the neighborhood is invited to participate in a park planning °',,,y process. Monroe/Fairwooc~, the current site of ballfields used by the West Richfield Girls Softball Association, is designated as ,, a neighborhood park.:which''indicates that'regular,°°.organized:athletic play-.isnot.a typical,_:~.ngredient,_~,of park design'uor park-:programs..,; As early as 1979, the city staff began to look at alternate sites -'~~ to locate the organized play of this organization. School sites were most frequently discussed, but dismissed due to the organi- zation's desire for outfield fences which would not be allowed on *; school property on a permanent basis. :::With the difficulty of ~. ;;- ,,;- finding .alternate aocations and the ;resistance of••.the softball Kassociation to relocate,''the city `council indicated their desire ~: Ito pursue he neighborhood_;planning process"to determine the "` ~ desires,., of,;the •neighborhood on the. entire development ;lssue.~ In :November;'`?1980,''the first neighborhood meeting of the Monroe/Fairwood park complex was held at the direction of the city council. The city council-had previously established ,the neighbor- hood as those residents living in the area bounded by 64th Street r;pn the "north,'35W on the'east,'73rd Street on the .south, and Penn ,Avenue.on the west. Neighbors attending the meetings held at the Community Center, and residents in the park neighborhood area, availed themselves of the opportunity to complete and return to the city a survey listing their priority needs for the park. A copy of the survey results are included for the review of the city council. Initial opposition to the softball field location ..at Monroe Park .was subdued due to the lack of an alternate site. •The survey does reflect a high priority for "kids softball". It must be noted, however, that it is difficult to ascertain what type of softball-field the respondents wanted. It may Qnly em- ~,_r7 ~phasize that the neighbors wanted a field such as is in Memorial Park, that is a field with a backstop, suitable for neighborhood "pickup" games, and not necessarily for organized play. The sur- ~~`=- vey did not denote any requests for organized play, number of . r:~,..e ~.....-: fields or condition of fields. • -.~. _ F .~ -. _ _ a:~.L.: _. ; r, .. _. ,: -- -~-.a.:a::,+:a»..i~,.r..~<.et:.: -.a.~..a,..~,: ,...+ei:.rt-.,..s..3+:~i:.~c3.+...~sr ,...~-r:.ir.,..,.1..~.,..~..;..ir:.vd&~ais~:;i::v,.w::.tai+~::~a6'.;. ~ ~`7'tiiiii • 1, n Council Letter No. 142 -2- April 27,.1981 ;Shortly before'~the""third' neighborhood .meeting 'which was held February ,5, `-'1981 ,`'some -of the immediate neighbors 'contacted the ... city ..staff -for =help ''in""-`analyzing' DonaldsonPark to see if it would be a possible alternate site for the softball fields. Having paced out the distances, the neighbors thought two ballfields might be possible in the space available. The city staff and the architects hired for the park planning process reviewed the site with that .request in_ mind. The ''architects have determined ;that awo ballfields _. ~zwould fit pinto '-the space 'at the northwest corner`~of `Donaldson`-Park. Since the third neighborhood meeting (when this option was consider- ed) , several :meetings'":'and discussions have _ been>;:held.,with,..the . so_ft- ;ball organization. A copy of council memorandum No. 76, dated April 9, 1981, which is attached to this council letter, outlined ;_ =~' u rconcerns of ;the,aoftball-;,association which imcluded the following: .. ;;;.;. 1 . ~`Safe£y `_ `~ 2. crowded -facility ::at:Donaldson Park - 3. Storage space -for aoftball: equipment - 4. Concession -stand 5. -Warm up ,:area 6. ~~~ayking^~y~• 3r It is the opinion of the city staff that these concerns can be answer- >' ed. For .example, the ~ concern' =for ::safety has been -~=addressed by loca- - tion ~°of.=the 'fields, `".proposals"`for ~~increased fence •heights ~+in strat- egic locations, and proposals>forplantings that would enhance-.not only -the aesthetics of 'the `area, ~~but ease'`the 'concerns;:.for•;safety. As I notified the city council in early April, I .felt that"the loca- ~tion of -.the softball fields needs ;to be :;decided so :that .the neigh- boyhood can .address themselves to the park development,"°with or with- >.out he ,;softball •f fields . "~ The Park and Recreation Advisory Commission considered the location of the softball ;fields at its regular meeting of April 14, 1981. Sites considered at this meeting were Donaldson Park and the ~_ continuing use of Monroe Park for the ballfields. „Those persons who had attended one .or .more. of-.the three :neighborhood meetings were -~,, - informed.of the commission.meeting,~-as were those neighbors who live • north of. Donaldson Park,-but:=south of 73rd Street:N"who had not been ;notified of_previous neighborhood meeting's. Residents north of 73rd ••Street were originally invited to the attend the Monroe/Fairwood `~"~'. neighborhood meetings, since the council determined this area to be part of the Monroe/Fairwood neighborhood at the request of the softball association. A lengthy discussion of the item was held, and it was the recommendation of the Park and Recreation Advisory .Commission that the West Richfield Girls Softball Association ball- . ;fields be moved from Monroe Park to Donaldson Park. The commission 1;youte on this issue was seven to one. :_ Since that time, a copy of the limited warranty deed for • Donaldson Park (copies enclosed) has been brought to the attention . ~ of .the city staff and the city attorney's office: The deed has a number of covenants which were conditions added to the transfer of .~ property from Allied Stores (Donaldson's) to the City of Richfield, . but one in particular indicates that ;only one-third of Donaldson :~~`, `::_:.: ` ,_Y - "'.~}.s.r -. ~-°~.:,r--+~sssi+. W.aY::,,_J.:.._Z..a..:<-,:=,wi.e~i+.:-.:,~;.:::X~:~;aw~,Jam..o~:, ~C - - +a;.~.~: _ r e . Council Letter No. 142 -3- April 27, 1981 ~~Park"'may'be` used -for athletic playing 'fields. In calculating : the existing ballfield space and the proposed additional space ~ for two softball fields, total-ballfield space'would`exceed the one-third stipulation by approximately'`14OOO square-feet. One-third of-the park"is`approximately'"348,000.square feet,•and ~~development of the.softball:fields would 'increase he athletic playing field space to 362,000.:square~-feet. The city attorney tlhas contacted Allied Stores (donor 'of Donaldson `Park)`"to 'deter- ::mine if a waiver can be `obtained 'for `the `additional "athletic :playing space. Hopefully, the city attorney will be able to respond to the council on this issue at the council rneeting on Monday evening. ~_~'~ - There are many factors to be considered in this and other - decisions. The West Richfield Girls Softball Association needs a place to call home, and ballfields must be provided. The - community as a whole must be considered so that the best and most can be provided to meet the needs of the whole. ::Richfield Chas .a invited .amount~of._open space .-ieft_..to=:utilize'-and the need for ~athletic,,fields and passive -areas.:.must_=:both be °considered. - The.needs and :desires;,of;ahe:individual neighborhoods must also ~~- be _considered, as,;does he -future"'direction :.of ,the_.Richf field park .~ ~ system.` ;; ~.~~, ~:,--:• ~;It is 'recommended that °the `city council direct • he city staff to ,prepare plans_and specifications and solicit bids for:.construction ;of two softball. fields _at Donaldson Park .with the 'stipulation ~ that a waiver of :the covenant in the ,warranty :deed. be. obtained . L" ,. ,. ..,... from Allied.Stores.• ~; a Respectfully submitted, t~J ~~ -. Karl Nollenberger ~" a '~ ~.. r~ :-,,..:. City Manager ~ c~~ ~~N ~%~ .,` KN/ ej a T ~ ~ ~~. vg' ~ s. ~f . nr, ~ i ~ J'`' ~`` cc : City Attorney ~-~ ~ ~ ~ ~~ Community Services Director ~ ~''` ~~o'N .~ ;c~ ~~ ~~ '`~ ~~? ~ .c .c ,~ c ~~ ~'' ~; 4 ~ ^: ~ G.C. ~ < <~ ~~ Cif ~,N ~ `~ .J J .(. ~ / ~ / 1 l ` `, ~J, C°'v -y` ~ .:J Yom.: ~ ~ ` C~ ,,,' ~t:v ~./ vg~ S ` ~P. ~" ~ ~ 6,~C =a ~~' F~ (~ ~~J \+ ~~f~ ~:. ~ - - ^' ~~~Bit~f~KftS~S~L= -,~..xf.,~z:d..+w..~..:~..:w.iss~xLs+Z-::w-:.:»......_..t..:a».::.:-..K,...,..~:...'.._.,;._,: ~,._~...-a:...: ~..._~c ~ -' _..... ra.'r.'~.:,a:. ...:.~w4.-.+..,. .. .... _ .....__~>s.......~..«..'isewe.:a:.+aa:.~:..';:.i.+ge5.ac NEI(iFi80RH00D SURVEY ~'~~'' '~-~ ~~~`'•' FAIRWOOD/MONROE PARK FACILITY NEEDS Y`~=-~' •~~°~ '' ~,;a= ;--. ..y^,. .. - .-.s umn 3 Is a fist of fac ._ .r ll(ties athat are •sometimes found In --.. ,;iy,~.. .n.\ r ~.~ w 3 Y1.1Y 15: a neighborhood park. In #;~ '~ umn 1, place a check ( /) next to each facility you feel . is needed or you would like 1b ~`,a-°,`..: ° at Falrwood/Monroe. in column 2 (dentif and Y prioritize •`~"'`~`= -- ' your 10 .7osj ,,.:; 'needs ~ - --~,~ ~-.-~ follows: 1 ~ most imp ortant, 2 -next most important; ... 10 =least important (prioritfza ~~~+.,::: ~- than 10 (tams). In column 4, indtceTe how many of each facility should be considered. `~ '`~ '~^ ^r--~ le on the reverse side of this sheet before proceeding. .~iS ~G~~ - 3. Park r~ p.,i~: 1 1 ~ Fact Ilties I ~ ~ t , 3 i ~ ~ ~j ~ (of S3 Ptcnicking ( ! 3 ~/, `•~ i g i 3 ~ o{ ! ~' ! ~ Hockey rink Z~, I t/ 1 L Z i G ' 3 Z 1 / eneral skating rink ~~ /~ /~ ~ ~•3 ~ C ; . , I - ~ 7 i y :Si Trails for: i i ~ ~ i ' l0 -109 9 I n 9 I / ~ , ~ y ') n -bicycling - ~~ , •• / : 3 ' I i .~ 'r ~ Z ~ $ ~ ~ ~ Z z. 3 f / ' ~ ~ Tennis .court / 3 ± ~ 7 ! ~ . ) ~ $' C ! ~ i ~ o ~ 3 3 / C Football field Z,j 2 ~ j ~ Kids softbal 1 ~ ~ , ~ Z ; ; 3':' Adult softball "~ -- s S 2~ 3 ~ j 3 ~/ 3 .3 . Kids basebal I ~ ~ Z Z; Z ~ Z-r---~- ~ I /2 Adult baseball 1 , 7 ~ ~ Z 1 ~..- Z i ~ .~ ~ Court Games -basketball i i I i i ~~ 1 ~ ~ I cr S ~ ~ -v~il~yball _ __ I ~ ~ ( i ~ ~ "" ' -badminton j • t 3 Z ~ I f -tetherball _ , ~ ' f ~ Z i I ! I ` 1.~ -four-square + ~ 2' 3~ t i / Co -hopscotch ;:. ~ ~ ~ , ~~ Creative play areas -cl Imbing q { 5 S S ~ ~ ~ ~ ~ ~ ~ ' ~j ; -sl id in9 5' -swin i " - ~ /O *'- I ' 5-1 ~.isl 3' ~ g ng /d. ~~ Parking 3 1~ ~ i 3 i 3 ( ! I i i i 2 ~ Soccer f I e I d ~~ ( ; ~ / ~' ~~,,,; ! ~J 3 ~ Wading pool ~ ~ Z j : Z 2 _~~ ~ Spray pool __~ -~-' "'_ . i j "~'^ . . ~ Park structure ~ ~ -•~ z-i- (p Park she I ter j ? / L 1i i ~ "'"" j . Park Ilght(ng for i I ; I ~ ~ ~ ~ -tenn 1 s courts (•~ . 7 ~ ~ ( ~~ I 3 -ballflelds •-_~ - ~ -tra I t s i -~ j .. 2 Z ~ I Benches 2 ~ `,f r I~ i~ Z ~_ ` ~ - - - "- Horseshoes `1' ~ ~ ~ ~ `~f j Z ~ Other ~- I ~ ' ,.-ea,-...d ,(QSyCn~.v.t1r `~~4•Trajl`L ., .. - ,.. , -~ --~- ~--L ~ ~ -~ -~-- -- 1_ . ~ - rocs ~ - ~ j 'n 1 - ~i I_V ~.J' ~----.-~~__L~ LCIIYC W a+.LJ 1la N -quo ."-_A-~• h. _ -~= 2 Z. ~/ 77 Z Z Si 0 ~_/ /O a -' ~~~; o ~ ='-~ -I~Je.-~'c L~ ~e.,c~ p..~'~.,~~-~, Imo! v sy7 ~` ~ ~$O ~ 1 0:. ZZ g S 3 V, ~ ~' x a ~~ ~. 7 ~v3 3 ~" ~ t.. vS'y '4~ir.rJ~ ~..,. .w«,,..~,:a ` 1.•a ~.u~. .. ... I ...1''i _ wad,. _.. _ _ . ,s.. - .... .~ _ •, "lea ~~ CITY OF RICHFIELD, MINNESOTA ~Uffice of City Manager April 9, 1981 Council Memorandum No. 76 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Monroe-Fairwood Park Development Process A few weeks ago, I sent a letter to. Arnie Odefy, President of the West Richfield Girls Softball Association, concerning the development of Monroe-Fairwood Park. As you are aware, the issue of the location of softball fields at Monroe Park or at Donaldson Park has been of some concern for the last few months. The issue has prevented the neighborhood from coming to any consensus on what types of activities should take place within the Monroe-Fair- wood Park complex. As a result, my letter to Arnie Odefy indicated that I thought that issue should be resolved prior to going back to a fourth neighborhood meeting. On Monday April 13, 1981, we had a meeting with a number of representatives from the West Richfield Girls Softball Association. Issues which the softball association indicated that they wanted to address were as follows: 1. Safety 2. Crowded facility at Donaldson Park 3. Storage for softball equipment 4. Concession stand 5. Warm up area . 6. Parking The city staff presented what we felt was a plan which took care of the vast amount of safety issues of concern to the softball association. The safety-plan which is in excess of safety consid- erations in most athletic facilities, increased the distance from homeplate of the West Babe Ruth field to the homcplate of the girls softball field from 210 feet to 260 feet, increased the fence height along the Babe Ruth field from 42 inches to 12 feet, installed a regulation baseball backstop at the junior high school field ad- jacent to Donaldson Park, and moved one field further away from the tot lot near the northwest quadrant of Donaldson Park. The discussion of crowded facility and warmup areas were matters which became judgemental in nature of which various individuals could exercise various opinions. The city was able to satisfy the soft- Council Ntemorandum No. 76 -2- April 9, 1981 ball association on the storage element, indicating that there would be storage available in the city's park building for the types of storage that they were interested in. On the issue of concessions, we indicated that the concession stand which is currently used by Babe Ruth and the football league, was built predominately with city funds (approximately $18,000 of city funds, compared to $6,000 of Babe Ruth and football league funds) and is essentially under the ownership of the city. In addition, the city pays the operational cost for utilities and major repair ex- penditures while the baseball group and football league do minor maintenance items. As a result, we thought that the city council was in a position of requiring the concession stand to be shared between the West Babe Ruth organization and the West Richfield Girls Softball Association. Indeed due to the expanded amount of concession business which would be operated out of a full service concession stand such as this one is, the total amount of sales should increase if the softball association moved to Donaldson Park within increased profits beyond that which is experienced by' the two groups individually-. An agreement should be able to be worked out recognizing that fact. On the .final issue of parking, I believe that adequate parking exists on the Donaldson Park facility and the West Middle School• parking lots within easy walk- ing distance of all of the fields. At the end of the meeting it was evident there was no con- census of opinion of the softball association and the city staff as to the feasibility of two softball fields at Donaldson Park. ~. As a result, I indicated to the softball association that I felt a decision needed to be made on this issue in the near future. The Parks and Recreation Commission will meet on Tuesday, April 14, 1981 in the council chamber. I have requested the Director Commun- ity Services to schedule this matter on their agenda. I anticipate that the matter will further be heard at the April 27, 1981 city council meeting so that the city council can make a determination on the issue and provide direction to the neighborhood so that they can complete the park planning process. If any council members have any questions concerning this issue, I would be happy to discuss them with you. Respectfully submitted, ;~ Karl Nollenberger City Manager KN/eja cc: Community Services Director ( ~ ' °2156 X488 ~1004A0 LIla[.ITED WAItRAIVT~`' 1'~~D THIS INDIIVTUHE, Made this Y1'~ day of December, 1957, between ALLIED CIIVTRAL 3TORE.9, INC. , a corporation under the lawn of the State of Missouri, party of the first part, and VILLAGE OF " ' 1 KICHFIELD, a municipal corporation under the laws of the State of Minnesota, party of the second part, WITNESSETH, That the said party of the first part, In i • consideration of the sum of One Dollar (;1.00) and other valuable conelderatton hereinafter set out, to it in hand paid by the said party o: the second part, •.he receipt whereof is hereby acknowledged, does hereby. ` Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tracts ur parcels of land lying and being in the County ~~f Hennepin and State of Minnesota, described as follows, to-wit: The South (S) Twenty (20) Kode of Government Lot Four (4) of Section 't'hirty-three (33), Township Twenty-eight (28), ltangc "Twenty-four (24) and The North haU (N~) of the Northeast quarter (NE}) of the ~ Southwest t,)uarter (SW}) ut Section Thirty-three (33), t Townr~hip Twenty-eight (28), Hangs Twenty-four (24) ; tiub~ect to the public easement fur highway purposes over the portion thereat taken by the State of Minnesota for State Highway Nu. 65 as appears rf record; said premises to be i ' used fur l,ublu~ park purposes and to be known as Donaldson' _ i ~ Aldo an easement for public street purposes over and across 1 the North Thirty (30) feet of the following described parcel, ~ to-w,t: T1>ar Soutli HaIE (Sj) of the Northeast .,tuarter (NE}) of the Suuttiwet,t (.)uai•ter (SW}) of Section Thirty-three (33), , Tuwnr,hip Twenty-eight (28), Range Twenty-four (24), said i Hennepin County, lying West (W) of the Westerly boundary line u! the right of way of State Highway Nu, 65. :~U 1;EVENL'E STAMPS AHE NE.CFSSAKY UN THIS DEED , i .__. ---~-. .., ~.... -- -- --- _ ..___.. _ __._..,____.. ,._u._._ .. .. _...._~.......~.~~._.__._--____.. i ._._.. } 1 1 i i t ~I .,, ~ i ~z156 ~ 4~ .~~ TZ is the wish d srantor, pllisd Central Stores, Inc • • that u well as an uea this }relert7 will tiecom• an uea c~ scenic beaat~ reason. tlu following ddinition t for recreational acti~rities. 7'or this ~ ~ d the pbrus "public park parMoses" shall be applicable: Said phrars ~ . t i shall iaclud• (a) landscaping sad beautification with plantin=s, walks ) and b~nch~s, sad fiawer b+ds: (b) recreational uses, lacludin~ picnic facilities, a swimrninL pool with bath house, a skatin` rink with house, badminton and tennis courts. a limited number of warming ) 1. baseball diamonds, facilities for shuffle board and horseshoe games, ' } playground equipment for small children, and other similar family recreational activities. Said phrase shall not include (a) pub lc , ~ ~ Duildirtgs not related to park or recreational activities, (b) the use d the entire premises for playing fields and playgrounds. (c) major '• facilities for athletic events such as a permanent field house, a ~ ' ermanent grandstand or stadium, nor (d) the use of more than one- ,~ ~ P ', third (1/3) of the total area of the premises herein conveyed for athletic / playing fields. , The foregoing conveyance is made upon the following conditions: • (1) that the extension of Weet 75th Street running between the service road on the westerly side of State Highway No. 65 and Penn Avenue South be opened and hard surfaced not later than three (3) years from the date' hereof; and (4) that grantee shall within seven and one-half (73) years from the date hereof substantially develop and thereafter continuously maintain said premises ae a public park as hereinabove defined. If granter shall fail to meet said first condition or shall at any time use said pc'emises in substantial violation of said second condition, grantor or its successors or assigns shall have the right to declare this conveyance -2- .~ _I s . _:, ~ °2156 ~ 490 void and utt no effect and to rs-safer said premiaea. The foregoing euemeata, catditioni, restrictions and reservations contained in this deed, together r-!th the zoning and continued zoning for commercial purposes of lands immediately south of the premisos conveyed, ov-ned by the grantor herein, constitute the entire consideration for thin deed. The contemplated general plant of improvements of the premises conveyed herein for public park purposes by the grantee herein constitutes a general plan of improve- ment deemed essential and material by the parties hereto. TO HAVE AND TO HOLD THE SAME, Together with all the hereditamenta and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns. Forever. And the said party of the first part, for itself, and its successors, dues coven:urt with the said party of the seconr+ part, its aucccaaura and assigns, that it has not made, done, executed or suft~•red any ac•t ur thing whrtauever whereby the above described pr~mtscs or any part thereof, now or at any time hereafter, shall ~r may be imperiled, charged or incumbered in any manner whatsoever, i•xc•<•pt unpar~ tnatallmenta of apeclal aaseasmenta, 1f any. And the title to the above granted premiaea against all . p~•rsuna lawfully claiming the same from, through ur under it, rxi•cpt items, if any, hereinbcfore mentioned, the acid patty of the first purl will Warrant and Defend. Iti 'I'E:.S'1'IMUNY WiiEftlk:UF, The said party of the first part has caused these presents to be executed in its corporate name by ,tK '~~ Yreaident and its ~''+-s c""-'~ and its , 1 i~ I -3- LAW OFFICES LEFEVERE,LEFLER, KENNEDY, O'BRIEN & DRAWZ CLAYTON L. LeFEVERE HERBERT P. LEFLER J. DEN NIS OMB RIEN JOHN E. DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE CHARLES L. LeFEVERE HERBERT P. LEFLER, III JEFFREY J. STRAND JAMES P. O'M EARA MARY J. BJORKLUND THOMAS D. CREIG HTON JOHN G. KRESSEL DAYLE NOLAN CINDY L. LAVORATO 1100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 333-0543 RICHARD J. SCHIE FFER April 23, 1981 BROOKLYN CENTER OFFICE 103 BROOKLYN LAW CENTER 5637 BROOKLYN BOULEVARD BROOKLYN CENTE R, MINNESOTA 55429 (612) 536-6037 Mr. Frank R. D'Elia Vice President and General Counsel Allied Stores Corporation 1114 Avenue of the Americas New York, NY 10036 Re: Donaldson Park, Richfield, Minnesota Dear Mr. D'Elia: This letter will provide information about the history and pre- sent status of Donaldson Park in the City of Richfield, Minnesota - the matter which we discussed on the telephone today. Prior to 1957 Allied Central Stores, Inc. was the owner of a number of parcels of land in what was then the "Village" of Richfield. The properties were acquired, I believe, with a view toward building a Donaldson store and perhaps other commercial facilities on the site. When Donaldsons joined with Daytons in the development of Southdale, the Richfield site was disposed of by Allied Central Stores, Inc. One tract of Allied Central land was conveyed to the village of Richfield by a limited warranty deed dated December 23, 1957. It was recorded as document 3100480 in the ciennepin Comity Recorder's deed book 2156, page 488. , The conveyance includes certain covenants regarding the use of the property. In particular, the instrument provides that the property is to be used for "public park purposes." That phrase is then defined. The city is now concerned with the interpreta- tion of that definition. It hopes for the cooperation of Allied Central Stores, Inc. in resolving that concern. Questions about the deed covenants arise because the city is giving consideration to the establishment of two girls' softball diamonds on the property, in addition to the extensive improve- ments already on the property. The general location of the proposed softball diamonds is shown on the enclosed plot plan of the park. The plot plan also shows other facilities which have been located on the tract. (It does not show two additional '' tennis courts in the southeast corner of the tract which have been constructed since the original plot plan was prepared. These tennis courts are located alongside of the two that are shown on the plan.) Most of the improvements presently located on the tract are not, in our view, "athletic playing fields." They consist of land- scaped areas, walkways and non-intensive recreational facilities such as the tennis courts, hockey areas which are used only during midwinter months, etc. Some of the facilities, however, would seem to fall within the_ definition of athletic playing fields. For example, there are two baseball diamonds and a football/soccer field. These three areas occupy a total of 6.74 acres out of a total park area of 22.76 acres. The conveyance provides, in effect, that no more than one-third of the total area of the premises conveyed shall be used for athletic playing fields. One-third of 22.76 is 7.59. The baseball diamonds and football/soccer fields, therefore, comprise .85 acres less than one-third of the area of the tract. The two proposed girls' softball fields would occupy .73 acres per field, or a total of 1.46 acres. Adding 1.46 acres and 6.74 acres would give a total of 8.2 acres, which would be in excess of one-third of the area of the tract. The location of the proposed softball fields along the westerly side of the park area places the fields adjacent to the athletic field of West Middle School, one of the facilities of Independent School District No. 280. If the proposed softball fields are to be located in Donaldson Park, the city would like to obtain assurance in some form from Allied Central Stores, Inc. that the city would not be in viola- tion of the covenants in the deed. There is a right of re-entry provided in the deed. It seems to me that this assurance could take several forms such as the following: 1. Allied Central Stores, Inc. could execute a quit claim deed which by its terms would have the effect of relieving the city of the restrictions. 2. Allied Central could provide a waiver of any objections it might have under the deed, to permit the installation of the two proposed girls' softball fields. 3. It could provide a letter of interpretation of the deed to the city in which it would indicate that the installation of the two proposed girls' softball fields would not be construed by Allied Central Stores, Inc. as giving rise to a violation of the deed covenants. 4. It could provide the city with a letter of interpretation agreeing that the part of the property which was conveyed by the ~ deed but which was subject to an easement for highway purposes may be included for the purposes of interpreting the one-third restriction. 5. It could provide the city with a letter of interpretation which indicates that girls' softball fields do not fall within the meaning of the phrase "athletic playing fields" as that phrase was used in the deed. Perhaps there are other possibilities as well. On Monday night, April 27,.1981, the Richfield City Council will consider authorization of construction of the softball fields at Donaldson Park. These fields will provide facilities for girls' softball activities which are now conducted in a small neighbor- hood park almost completely surrounded by single-family resi- dences and located approximately five and one-half blocks away. This, in turn, would permit the city to proceed with planned improvements in the neighborhood park providing less intensive uses in that park. The city will be most appreciative of any assistance which you can give us in providing the necessary consents or approvals for the location of the proposed new facilities at Donaldson Park. If it is at all possible we would appreciate a reaction or response from you by the evening of the 27th. Your cooperation on this matter is very sincerely appreciated. Very truly Clayton L. (Richfield CLL:mjn cc: Mr. Karl Nollenberger i~/ Richfield City Manager yours, '~ LeFevere City Attorney) CITY OF RICHFIELD, MINNESOTA Off ice of City Manager Council Letter No. 181 Agenda May 26, 1981 The Honorable Mayor and Members of the C ity Council ~~I i ,`~ i ~ PL sir; Richfield, Minnesota Council Members: • Subject: Public Hearing CP757 (Lyndale Avenue Improvements) On April 27, 1981, the council received the preliminary report for CP 757, the improvement of Lyndale Avenue from Lake Shore Drive to 74th Street, and set the date of the public hearing for May 26, 1981. Notice of this hearing has been sent to all abutting property owners. As proposed, the improvements will consist of construction of a 44-foot wide :-'°bituminous pavement, concrete curb, gutter, and driveway aprons, street lighting, and sidewalks. The improvement of this. segment of Lyndale Avenue is necessary to upgrade the street to accept engineering and traffic service standards. Lyndale Avenue is classified as a major arterial thoroughfare and carries a higher volume of traffic than any other north-south arterial in the city, yet it is the same width as the average residential street. The current average daily traffic count of 13,700 is 180 percent of the recommended maximum capacity for a two-lane roadway. The widening and improvement of Lyndale Avenue from Lake Shore Drive to 74th Street would increase traffic flow and enhance traffic safety. Pedestrian safety would be improved by the installation of permanent curb and gutter and the installation of sidewalk on the west side on Lyndale Avenue. The widening of the roadway will facilitate maintenance of a~ free flow of traffic and safer turning movements. Improved illumination will be achieved by upgrading the lighting to the same standards as has been established in the rest of the city, and will improve vehicular and pedestrian safety. This project meets needs that have been defined in the Comprehensive Development Plan of the City of Richfield, and fully conforms with this plan. `~~ ~ ~ ,.~ ~~ cl ` Q~ c^o t c ~ (Y T ~ C'' .Y n ~ c, v ~ ~ 'J ~~ ~ 4i~ w Y ~ J F ~ t ~ , ~~ (/ O ~ 1 ~ r~ N ~~ as 1LJ ~ .' ~ C ~~ JJ~ F\v `l^m~ e Council Letter No. 181 -2- May 26, 1981 A neighborhood meeting was held May 12, 1981 to discuss the project. About 40 residents were present at the meeting. Several concerns were expressed. Some of the residents did not want the street widened because of concerns that a wider street may increase traffic. Others were concerned about safe access to Lyndale Avenue if the traffic signal light was removed. Some questioned the need for a sidewalk on the west side of Lyndale. Traffic counts and information concerning signals at 73rd and/or 70th Street will be discussed at the meeting on May 26. All property abutting Lyndale Avenue from Lake Shore Drive to 74th Street will be assessed for a portion of the cost of improvement. The majority of the project cost (900) will be funded with Municipal State Aid (gas tax) money. At the close of the public hearing, the staff recommends that the city council pass the attached resolution, ordering this project and the preparation of plans and specifications. Respectfully submitted, ~ ~ Karl Nollenberger City Manager cc: Community Development Director City Engineer ~ f RESOLUTION NO. RESOLUTION ORDERING THE IMPROVEMENT OF LYNDALE AVENUE, LAKE SHORE DRIVE TO 74th STREET, AND PREPARATION OF PLANS FOR CITY PROJECT 757 WHEREAS, a resolution of the city council adopted the 27th day of April, 1981, fixed a date for a council hearing on the proposed improve- ment of Lyndale Avenue from the center line of Lake Shore Drive to the center line of 74th Street by widening, paving, curb and gutter, lighting, sidewalks, signals and drive aprons, AND WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the .hearing was held thereon on this 26th day of May, 1981, at which all "'persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, be it resolved by the council of the City of Richfield, Minnesota: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 27th day of April, 1981. ~2. Orr-Schelen-Mayeron Associates is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the city council of the City of Richfield, Minnesota, this 26th day of May, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk ~ ~~J CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 180 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Final Authorizations for Issuance of Industrial D^vplon'ent Revenue Bonds, Lyndale Garden~Center There is an item on the May 26, 1981 city council agenda providing for the council to take final action authorizing the issuance and sale of Industrial Development Revenue Bonds to finance the Lyndale Garden Center project. The city council and HRA have previously committed to selling these bonds as part of the developer's agreement with the Lyndale Garden Center. The attached letter from the city attorney's office explains in further detail the process for selling of these bonds, and the commitment which the city is making by authorizing this sale. It is recommended that the city council adopt the attached resolution and supporting documentation authorizing this bond sale. Respectfully submitted, Karl Nollenberger City Manager KN/ej a cc: Community Development Director Administrative Services Director Finance Coordinator LAW OFFICES LEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 1100 FIRST NATIONAL BANK BUILDING CLAYTON L. LEFEVERE HERBERT P. LEFLER J. DEN NIS O'B RIEN JOHN E. DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE CHARLES L. LEFEVERE HERBERT P. LEFLER, III JEFFREY J. STRAND JAMES P. O'M EARA MARY J. BJORKLUND THOMAS D. CREIG HTON JOHN G. KRESSEL DAYLE NOLAN CINDY L. LAVORATO MINNEAPOLIS, MINNESOTA 55402 TELEPHONE C612) 333-0543 RICHARD J. SCHIEFFER May 20, 1981 BROOKLYN CENTER OFFICE 103 BROOKLYN LAW CENTER 5637 BROOKLYN BOULEVARD BROOKLYN CENTE R, MIN NESOTA 55429 <612) 536-8037 ~' Mr. Karl Nollenberger City Manager 6700 Portland Avenue Richfield, Minnesota 55423 Re: $1,125,000 Commercial Development Revenue Bond (Lyndale Gardens Center Project) Series 1981 City of Richfield, Minnesota Our File No. B-1897 Dear Karl: Enclosed you will find ten copies of minutes showing the adoption of a resolution authorizing the issuance and sale of the above Bond together with file copies of the underlying documents to be executed in connection with the financing. It is my understanding that the matter will be set for the City Council meeting on Tuesday, May 26th. The Bond is being issued to finance the reconstruction of Lyndale Garden Center which is presently well under way. The transaction consists of the issuance of a mortgage note {called a "Bond" in the proceedings) by the City which will be purchased by Richfield Bank & Trust Co. Proceeds of the Band will be loaned by tree City to the owners of the Project. Those owners, collectively called the "Obligors" in the documents, are Burton Rutman and Palmer Siegel in their individual capacity as well as representatives of others riaving interests in the property. The City's interest in the Loan Agreement by which this loan is made will then be assigned to the Richfield Bank & Trust Co. and payments under the Bond and Loan Agreement will be made directly by the Obligors to the Bank. The Project will be leased by the Obligors to Lyndale Fruit and Vegetable Market, Inc. which will operate the Project and make lease payments adequate to insure prompt payment of the Bond. The Obligors, as further security for the Bond, will mortgage the Project to the Bank and assign their interests in the Lease to the Bank, and Lyndale Fruit and LAW OFFICES LEFEVERE> LEFLER, KENNEDY, O'BRIEN & DRAWZ r Vegetable Market, Inc. and Palmer Siegel will jointly guarantee payment of the Bond. The Bond matures in 25 years and is payable in monthly installments at a variable interest rate tied to the prime interest rate of CitiBank of New York with a minimum interest rate of 10% and a maximum of 14 o. It is anticipated that the closing and delivery of the Bond will take place during the week of May 26th. I will contact you later about the execution of various documents. Yours._„ver~ truly, !~ ll; ,~ David-~~~~-en" ne'ay V DJK:caw Enclosures 2.01 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice hereof, a regular meeting of the City Council of the City of Richfield was duly held on Tuesday, the 26th day of May, 1981, at 7:30 o'clock p.m. The following members of the Council were present: and the following were absent: LPL Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION N0. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,125,000 COMMERCIAL DEVELOPMENT REVENUE BOND (LYNDALE GARDEN CENTER PROJECT) SERIES 1981, PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 WHEREAS, the City of Richfield (the "City") is authorized by the Minnesota Municipal Industrial Development Act, as amended, (the "Act") to issue its revenue bonds and to make secured or unsecured loans to finance the acquisition of real property and the acquisition or construction of buildings and improvements on such real property and the installation of machinery and equipment of any and all kinds and any other personal properties deemed necessary in connection with a project, as defined in the Act; and WHEREAS, the City has made the necessary arrangements with: Burton Rutman; Belle Rutman; Palburt Realty Co., a general partnership organized under the laws of the State of Minnesota; Burton Rutman as Trustee of the Miriam Siegel, Michael Siegel and Evan Siegel Trust (collectively the "Obligors"), for the construction of a project consisting of the acquisition of and improvement of land in the City and the construction and equipping thereon of a new facility to be leased by Obligors to Lyndale Fruit and Vegetable Market, Inc. (the "Tenant") for use in the Tenant's business of the retail sale of agricultural and horticultural products, equipment and accessories and such other products not inconsistent therewith, (the "Project"), and which will be of the character contemplated by and will in the judg- ment of the Council accomplish the purposes provided by the Act and assist the City and its Housing and Redevelopment Authority in reaching redevelopment goals for the Lyndale-Hub-Nicollet Redevelop- ment Project Area; and WHEREAS, it has been determined that a bond in the principal amount of $1,125,000 in the form of a mortgage note should be issued, sold and delivered by the City to provide proceeds for a loan to be made to the Obligors to pay a part or all of the cost of the Project; and NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Richfield, Minnesota, as follows: ARTICLE ONE DEFINITION, EXHIBITS AND GENERAL PROVISIONS Section 1-1. Definitions. In this Resolution the following terms have the following respective meanings unless the context hereof clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minne- sota Statutes, Chapter 474, as amended; Assignment: means the Assignment of Rents and Leases dated as of May 1, 1981 from Obligors to Bank. Bond: The Commercial Development Revenue Bond (Lyndale Garden Center Project) Series 1981, in the aggregate principal amount of $1,125,000 to be issued by the City pursuant to this Resolution. Bond Register: the register maintained by the City pursuant to Section 2-13 hereof; Code: the Internal Revenue Code of 1954, as amended; Cost: the sum of the Project Costs enumerated in Section 4.04 of the Loan Agreement; Guaranty: the guaranty, dated as of May 1, 1981, by which the Tenant and one of the Obligors guarantee payment of principal of and interest on the Bond. Holder: when used with respect to the Bond, the Registered Holder thereof; Lease: the lease, dated as of , 1981, between Obligors and Tenant, covering the Project. Loan Agreement: the Loan And Bond Purchase Agreement dated as of May 1, 1981 between the City, the Bank and the Obligors and any amendments or supplements thereto. Mortgage: that certain Combination Mortgage, Security Agreement and Fixture Financing Statement by the Obligors to the Bank dated as of May 1, 1981; Payment Date: a date on which an installment of interest or of principal and interest is due on the Bond; Pledge Agreement: the Pledge Agreement, dated as of May 1, 1981, by which the City assigns to Bank certain of its rights under the Loan Agreement as security for the Bond; Purchaser: Richfield Bank & Trust Co., Richfield, Minnesota, (sometimes referred to as "the Bank"); Resolution: this Resolution, including any amendment thereto; sometimes referred to as "the Bond Resolution". Tenant: Lyndale Fruit and Vegetable Market, Inc., a Minnesota Corporation, its successors and assigns. Section 1-2. Rules of Interpretation. (1) This Resolution shall be interpreted in accordance with and governed by the laws of the State of Minnesota. (2) The words "herein" and "hereof" and "hereunder" and words of similar import, without reference to any particular section or subdi- vision, refer to this Resolution as a whole rather than to any partic- ular section or subdivision hereof. (3) References in this Resolution to any particular article, section or subdivision hereof are to the designated article, section or subdivision of this Resolution as originally adopted. (4) Any terms not defined herein but defined in the Loan Agree- ment or the Mortgage shall have the same meaning herein unless the context hereof requires otherwise. (5) The headings of articles and sections hereof are for con- venience only and are not a part of this Resolution. (6) Unless the context hereof clearly requires otherwise, the singular shall include the plural and vice versa and the masculine shall include the feminine and vice versa. ARTICLE TWO APPROVAL OF DOCUMENTS: GENERAL PROVISIONS RELATING TO THE BOND Section 2-1. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to revenue- producing enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of such authority. Section 2-2. Preliminary City Approval: Approval by Commissioner of Securities. By Resolution No. 6189 A duly adopted by this Council on December 27, 1979 this Council gave preliminary approval to the sale of revenue bonds and the loan of proceeds to the Obligors for the construction of the Project, and authorized the preparation of such documents as may be appropriate to the Project and the issuance and sale of the Bond. The Commissioner of Securities of the State of Minnesota approved the Project on January 19, 1981. In Resolution No. 6189 A the Council approved the execution of a Memorandum of Agreement ("Agreement"), dated December 27, 1979, which provided, among other things, for termination of the Agreement if revenue bonds to finance the Project were not issued and sold within 12 months thereof, unless such time were extended by mutual agreement of the parties. It is hereby found and determined that it is desirable that the term of the Agreement be extended to permit the issuance of the Bond. All actions of the Officers, Agents and Employees of the City in the preparation of documents, filing of documents, with appropriate state offices, and related matters in connection with the Project and the Bond are rati- fied and confirmed. Section 2-3. Approval of Documents. Pursuant to the above approvals, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be placed on file in the office of the City Clerk, and which are approved substantially in the form presented, subject to such modifications as are acceptable to the parties and the City Attorney: (a) the Loan Agreement; (b) the Pledge Agreement; (c) the Mortgage (not to be executed by the City); (d) the Lease (not to be executed by the City); (e) the Disbursing Agreement (not to be executed by City); (f) the Guaranty (not to be executed by the City). (g) a City financing statement as to the Loan Agreement. (h) the Assignment (not to be executed by the City). Section 2-4. Form and Authorized Amount. The Bond shall be issued substantially in the form set forth in Article Three hereof with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Article and Article Three. The total principal amount of the Bond to be delivered hereunder is expressly limited to $1,125,000 Section 2-5. Execution. The Bond may be in typewritten form and shall be executed on behalf of the City by the manual signatures of the Mayor and City Manager and shall have the official seal of the City affixed or imprinted thereon. In case any officer whose sig- nature appears on the Bond shall cease to be such officer before the delivery of the Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Section 2-6. Mutilated, Lost and Destroyed Bond. In case the Bond shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith, and, in case of a Bond destroyed or lost, his filing with the City evidence of such loss or destruction satisfactory to it together with the indemnity required by Section 475.70 of the Act. If the mutilated, destroyed or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. Section 2-7. Optional Redemption. Until and including the third anniversary of the date of the Bond, the Bond is subject to redemption and prepayment, in whole but not in part, at the option of the Obligors on any Payment Date at a price of the Principal Balance outstanding plus accrued interest to date of prepayment and a premium of 1% of the Principal Balance outstanding; thereafter, the Bond is subject to redemption and prepayment, in whole but not in part, at a price of the Principal Balance outstanding plus accrued interest to date of prepayment. The Bond is also subject to redemption and pre- payment in whole but not in part, at the option of the Obligors in the case of certain events of damage, destruction or taking by govern- mental authority as provided in Section 6.10 of the Loan Agreement. Section 2-8. Notice: Redemption. Notice of redemption shall be given by first class mail, postage prepaid, mailed by the Obligor not less than 30 days prior to the redemption date, to the Registered Holder of the Bond at the last address appearing on the Bond Register. Section 2-9. Partial Redemption of a Bond. The principal amount of the Bond to be called for redemption pursuant to Section 2-7 hereof shall be in an integral multiple of $5,000 and shall be applied in reduction of the principal amount of the Bond redeemed in inverse order of Payment Dates. Upon such redemption the Bond may, upon the written request of the Holder accompanied by a certificate of the Obligors' Representative that such redemption and prepayment has been made, be surrendered to the City which shall forthwith execute and deliver to the Holder thereof, without charge, a new Bond in the aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. In case the entire principal amount of the Bond is redeemed and prepaid, the Bond shall be surrendered to the City for cancellation and shall not be reissued, and no new Bond shall be issued in lieu of the prepaid principal amount of the Bond. Section 2-10. Exchange of Bonds. Subject to the provisions of Section 2-13, the registered Holder of the Bond, may request the City to issue new bonds in exchange for the outstanding principal amount of the Bond in multiples of $1,000. Such request shall be made in writ- ing to the City at fifteen days in advance of the date of exchange, which date shall be a Payment Date and upon surrender of the Bond to be exchanged at the office of the City Clerk in Richfield, Minnesota. The Holder requesting such exchange shall bear all expenses in connec- tion with such exchange. The new bonds shall bear interest at the same rate as the Bond to be exchanged and shall be in an aggregate principal amount equal to the then unpaid principal amount of such Bond, maturing serially and annually in the same amount, and on the same dates as the unpaid installments of principal of the Bond and shall be in such form, and with necessary modifications thereto as shall be approved by the City attorney and bond counsel to the City. Section 2-11. Cancellation. When the Bond has been redeemed and paid in full, it shall be cancelled by the City and shall not be reissued. The Holder shall deliver to the City either the cancelled Bond or a certificate of a responsible officer of the Holder certi- fying as to the destruction thereof. Section 2-12. Registration: Securities Act. The Bond has not been registered under the Securities Act of 1933, as amended or any state securities laws for initial distribution, and the Bond has been sold initially only to the Bank pursuant to its investment represen- tation. Section 2-13. Registration Of Transfer. The City will cause to be kept at the office of the City Clerk a Bond Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Bond. The Bond shall be transferable only upon the Bond Register by the then Registered Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Bond together with a written instrument of transfer satisfactory to the Clerk and the City Attorney, duly executed by the Registered Holder or its duly author- ized attorney. Upon such transfer the City shall note the date of registration and the name and address of the new registered owner in the Bond Register and in the registration blank appearing on the Bond. Alternatively, the City shall, at the request and expense of the registered Holder issue a new Bond, in aggregate outstanding principal amount equal to that of the bond surrendered, and of like tenor except as to principal amount, and registered in the name of the registered Holder or such transferee as may be designated by the registered Holder. The City may deem and treat the person in whose name the Bond is last registered in the Bond Register and by notation on the Bond as the absolute owner thereof, whether or not the principal balance or any part thereof is overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes. The Bond shall be initially registered in the name of the Bank. Section 2-14. Cessation and Continuation of Interest. Interest on the Bond shall cease on its payment in full. If the Bond is not presented for payment when due and funds sufficient to pay the Bond shall have been paid to the Holder, (i) all liability of the City for payment of the Bond shall forthwith cease and (ii) the Holder of the Bond shall thereafter have no rights with respect thereof except to receive payment therefor. ARTICLE THREE AUTHORIZATION AND SALE: TERMS AND CONDITIONS OF THE BOND Section 3-1. Approval of Terms. The City shall forthwith issue and sell the Bond to the Bank in the principal amount of $1,125,000, and dated as of date of delivery. The Bond shall be in substantially the form set forth hereto in Exhibit A which terms and provisions are hereby approved and incorporated herein. Principal and interest shall be payable at Richfield Bank and Trust Co., Richfield, Minnesota. Section 3-2. Sale of Bond. The offer of the Bank to purchase the Bond at a price of par in accordance with the terms of the Loan Agreement is hereby found to be reasonable and is accepted. Pursuant to the Loan Agreement the Bank has agreed to pay the purchase price of the Bond in installments in the form of Advances to the City up to the authorized principal amount of the Bond to be loaned to the Obligors to pay Project Costs all as provided in Article III of the Loan Agree- ment and in this Resolution. Section 3-3. Delivery of the Bond. The Bond shall be delivered to the Bank upon payment of all or part of the purchase price on the day of Closing as defined in the Loan Agreement, and upon compliance with all conditions of Section 3.06 of the Loan Agreement relating to closing and delivery. ARTICLE FOUR APPROVALS AND AUTHORIZATION: LIMITATIONS OF CITY OBLIGATION Section 4-1. Authorization: Authentication of Transcript. Upon the execution of the documents approved in Article Two hereof, the Mayor, and City Manager are authorized and directed to execute the Bond on behalf of the City and to deliver it to the Bank, and to execute such other certifications, documents or instructions as may be required by the Loan Agreement, or as bond counsel or counsel for the Bank shall reasonably require, subject to the approval of the City Attorney, and all such certifications, recitals, and affidavits, including any heretofore furnished, shall constitute representation of the City as to the truth of all statements contained therein. Upon delivery of the Bond, the proceeds thereof shall be disbursed to the Obligors pursuant to the Loan Agreement. Execution of any instrument or document by one or more appropriate officers of the City shall constitute, and shall be deemed the conclusive evidence of, the appro- val and authorization by the City and the Council of the instrument or document so executed. In the event of the absence or disability of the Mayor or City Clerk, such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officials. Section 4-2. Registration Records. The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be paid to the Bank for the account of the Holder entitled thereto in Federal or other immedi- ately available funds. The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolution to the Director of Property Taxation of Hennepin County, together with such other infor- mation as that officer may require, and obtain the certificate of that officer as to entry of the Bond on the bond register as required by the Act and Minnesota Statutes, Section 475.63 Section 4-3. Limitation of the City's Obligations. Notwith- standing anything contained in the Bond or the Loan Agreement or any other documents relating thereto, the Bond shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation, and shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, and the City shall not be subject to any liability thereon, and no holder of the Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bond or the interest thereon, or to enforce payment thereof against any property of the City, and the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. The agreement of the City to perform the covenants and other provisions contained in the Bond and the Loan Agreement shall be subject at all times to the availabil- ity of revenues furnished by the Obligors sufficient to pay all costs of such performance or the enforcement thereof, and neither the City nor any of its officials, officers, agents or employees shall be subject to any personal liability thereon. Section 4-4. Execution and Delivery. The Mayor, City Manager, the City Clerk and the City Attorney are authorized and directed to take all actions necessary to carry out the provisions of this Resolu- tion relating to the execution and delivery of the documents described herein. Adopted and approved this 26th day of May, 1981. Mayor Attest: City Clerk Motion for adoption of the foregoing resolution was duly seconded by Member and upon roll call vote taken the following Member voted in favor; The following voted against; whereupon said resolution was declared adopted and approved. Exhibit A (FORM OF BOND) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD COMMERCIAL DEVELOPMENT REZIENUE BOND (Lyndale Garden Center Project) Series 1981 KNOW ALL MEN BY THESE PRESENTS That the City of Richfield, in the County of Hennepin and the State of Minnesota (the "City"), for value received, promises to pay to Richfield Bank & Trust Co., in the City of Richfield, Minnesota, or its registered assigns, solely from the source and in the manner hereinafter provided, the principal sum of One Million One Hundred Twenty-Five Thousand Dollars ($1,125,000) on June 1, 2006, upon presentation and surrender hereof, and to make pay- ments of said principal sum in installments as hereinafter provided, and to pay the registered owner hereof interest on the outstanding and unpaid balance of advances on account of such principal sum (the "Principal Balance") from the date hereof until the Principal Balance is paid. Principal and interest on this Bond are payable in installments due on the first day of each month (or the next business day there- after if the such day is a holiday) ("Payment Date") as follows: (a) Commencing on July 1, 1981 and on the first day of each month thereafter to and including December 1, 1981 interest only on the Principal Balance at the rate of 70% of the Prime Interest Rate (as here- after defined) computed on the basis of the actual days elapsed in a year of 365 days; (b) Commencing on January 1, 1982, and on the first day of each month thereafter to and including June 1, 2006, 294 monthly payments of $3,826.53 together with interest at 70% of the Prime Interest Rate computed on the basis of the actual days elapsed in a year of 365 days; (c) Provided that in any event the entire Principal Balance with interest shall be due and payable no later than June 1, 2006; and (d) Provided, further that in no event (except in the event of a Determination of Taxability, as here- after defined) shall interest payable on the Bond be at a rate less than 10% per annum nor more than 14% per annum; All payments under this Bond shall be applied first to interest due on unpaid principal and next to reduction of principal. The term "Prime Interest Rate" means the rate of interest publicly announced from time to time by Citibank of New York, in New York City, New York, as its prime rate. Any change in the interest rate of the Bond resulting from a change in the Prime Interest Rate shall be deemed to have occurred on the day following the day on which the Prime Interest Rate changes. This Bond is issued pursuant to the Minnesota Municipal Indus- trial Development Act, Minnesota Statutes, Chapter 474, as amended (the "Act"), and in conformity with the provisions, restrictions and limitations thereof. This Bond does not constitute a charge against the general credit or taxing powers of the City and does not grant to the owner or holder of this Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligation of the City or the individual officers or agents thereof. This Bond and interest hereon are payable solely and only from the moneys received under the Loan Agreement, Guaranty, and Assignment, and the Mortgage hereinafter mentioned, including loan repayments to be made by Burton Rutman; Belle Rutman; Palburt Realty Co., a general partnership organized under the laws of the State of Minnesota; and Burton Rutman as Trustee of the Miriam Siegel, Michael Siegel and Evan Siegel Trust (collec- tively the "Obligors"). This Bond has been authorized by law to be issued and has been issued by the City for the purpose of funding a loan from the City to the Obligors to finance the costs of the acquisition, construction, equipping and installation by the Obligors of a Project, as defined by Section 474.02, Subdivision la of the Act, to be leased to Lyndale Fruit And Vegetable Market, Inc., a Minnesota corporation ("Tenant"), consisting of the acquisition and improvement of land in the City and the construction and equipping thereon of a new facility for use in the Tenant's business of the retail sale of agricultural and horti- cultural products, equipment and accessories, and such other products not inconsistent therewith. The Bond is issued pursuant to a Loan and Bond Purchase Agreement (the "Loan Agreement") dated as of May 1, 1981, by and among the City, Richfield Bank & Trust Co., Richfield, Minnesota (the "Bank") and the Obligors, and a Resolution (the "Bond Resolution") adopted by the City Council of the City on May 26, 1981. The Bond is secured by a Pledge Agreement of the City's interest in the Loan Agreement to the Bank (the "Pledge Agreement") dated as of May 1, 1981, a Guaranty, dated as of May 1, 1981 (the "Guaranty") by which one of the Obligors and Tenant guarantee the payment of principal and interest on the Bond, an Assignment of Rents and Leases, dated as of May 1, 1981 from Obligors to Bank (the "Assignment"), and a Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage") dated as of May 1, 1981 from Obligors to Bank to which Loan Agreement, Pledge Agreement, Guaranty, Assignment, and Mortgage reference is hereby made for a full description of and limitation of the revenues and funds pledged and appropriated to the payment of this Bond, the nature and extent of the security thereby created, the rights of the Holder of this Bond and the rights, duties and immunities and obligations of the Bank, Obligors, and the City thereunder. Certified copies of the Bond Resolution and executed counterparts of the Loan Agreement, the Pledge Agreement, the Guaranty, and the Assignment, and the Mortgage, are on file at the office of the City Clerk. Until and including the third anniversary of the date of this Bond, this Bond is subject to redemption and prepayment, in whole but not in part, at the option of the Obligors, on any Payment Date at a price of the Principal Balance oustanding plus accrued interest to date of prepayment and a premium of 1% of the Principal Balance out- standing; thereafter, this Bond is subject to redemption and prepay- ment, in whole but not in part, at a price of the Principal Balance outstanding plus accrued interest to date of prepayment. This Bond is also subject to redemption and prepayment, in whole but not in part, at the option of the Obligors in the case of certain events of damage, destruction, or taking by governmental authority as provided in Section 6.10 of the Loan Agreement. Redemption and prepayment is subject to the provisions of Sections 2-7 and 2-8 of the Resolution. In the event of a Determination of Taxability, as defined and provided in the Loan Agreement, the Bond shall be deemed to bear and have borne interest (i) from the Date of Taxability as defined in the Loan Agreement until the Bond is fully paid at a rate equal to 100.5% of the Prime Interest Rate ("Taxable Rate") per annum. Upon such Determination of Taxability the Obligors shall promptly pay to the Holder of the Bond the difference between (i) the amount of interest that would have been due under the Bond from the Date of Taxability to the date the Determination of Taxability is made if calculated at the applicable rate set forth above and (ii) the amount of interest actually paid under the Bond during such period; provided, however, that the Taxable Rate on the Bond shall never be less than 16% per annum nor more than 21% per annum. In the event of a Determination of Taxability this Bond shall be due and payable in full with interest at the Taxable Rate from the Date of Taxability on the fifth anniversary of the date of this Bond; provided, however, that if the Date of Taxability is subsequent to the fifth anniversary of the date of this Bond this Bond shall be due and payable on demand in full with interest at Taxable Rate on the 180th day following written mailed notice by registered owner to Obligors and the City. This Bond is issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly the Act, and the Home Rule Charter of the City, and pursuant to the Bond Reso- lution, which Bond Resolution authorizes the execution and delivery of the Loan Agreement, the Pledge Agreement and this Bond, and is a special obligation of the City payable solely from revenues derived from the Loan Agreement, including payments required to be made there- under by the Obligors in amounts sufficient to pay the principal of, premium, if any, and interest on, and fees and expenses in connection with, the Bond as the same become due and payable. This Bond does not constitute an indebtedness of the City within the meaning of any constitutional, charter or statutory limitation and does not consti- tute a charge against the general credit or taxing powers of the City. As provided in the Bond Resolution, and subject to certain limi- tations set forth therein, this Bond is transferable by the Registered Holder hereof upon surrender of this Bond for transfer at the office of the City Clerk duly endorsed or accompanied by a written instrument of transfer in the form satisfactory to the City and executed by the Registered Holder hereof or his attorney duly authorized in writing. Thereupon the City shall execute and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the trans- feree, of an authorized denomination, in aggregate principal amount equal to the then outstanding principal amount of this Bond, of the same maturity, and bearing interest at the same rate. This Bond shall be initially registered in the name of the Bank. In addition, and subject to certain limitations set forth in the Bond Resolution, the registered Holder of either of the Bonds may request the City to issue at the sole expense of the Holder, new registered bonds in exchange for the outstanding principal amount of either of the Bonds in multiples of $1,000, bearing interest at the same rate as the Bond to be exchanged maturing serially and annually in the same amounts and on the same dates as the then unpaid principal amount of such Bond, and in such form as shall be approved by the City Attorney. IT IS HEREBY CERTIFIED, RECITED AND DECLARED That all acts, con- ditions and things required to exist, happen and be performed prece- dent to and in the execution and delivery of the Agreement and the Resolution and the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the issuance of this Bond, together with all other obliga- tions of the City on the date hereof, does not exceed or violate any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its governing body, has caused this Bond to be executed in its name by the manual signatures of its Mayor and City Manager, and sealed with its official seal, and has caused this Bond to be dated as of May 1981. Mayor City Manager (SEAL) PROVISIONS AS TO REGISTRATION The ownership and unpaid principal of this Bond and the interest accruing thereon is registered on the Bond Register of the City of Richfield in the name of the Holder last noted below. Date of Registration Name of Registered Holder Signature of City Clerk Richfield Bank & Trust Co Richfield. Minnesota (Form of Transfer) For value received, the undersigned owner does hereby assign and transfer the foregoing Bond to the named Assignee, and the undersigned City Clerk of the City of Richfield as bond registrar hereby certifies that the foregoing Bond has been transferred and registered on the bond register in the name of such Assignee. Date of Name of Signature of Signature Transfer on Assignee Owner City Clerk Bond Register STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Tuesday, May 26, 1981, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issuance and sale of $1,125,000 Commercial Devel- opment Revenue Bond, (Lyndale Garden Center Project) Series 1981, of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of 1981. City Clerk City of Richfield, Minnesota (SEAL) /3 ~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 179 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Plans and Specifications for Alley Paving Project, CP 734 Pursuant to the alley improvement policy, the city council has approved 13 alleys for permanent paving during 1981. Orr- Schelen-Mayeron Associates have prepared final plans and specifica- tions for the alley resurfacing, consistent with the preliminary plans. An 11 foot alley constructed of either concrete or asphalt is proposed.. The decision whether to use asphalt or concrete for the surfacing material will be made at the-time the bid is awarded. There are several isolated areas along the alleys to be paved this year which are below the existing alley surface. Some of these areas cannot be drained by adjusting the elevation of the new sur- face because the alley surface must match garage floor elevations as closely as possible. However, the water problems in these low areas will not be made more severe with the new paving, and most existing drainage problems will be relieved somewhat. Two sections of storm sewer have been designed in conjunction with this plan. One is to be in the alley between 13th and 14th Avenues and 65th and 66th Streets. An estimated expenditure of $3,000 for storm sewer improvements will relieve a portion of the water problem in this alley. The consulting engineers recommend that these improvements be included in the project. The other section of storm sewer is to be in the alley between Harriet and Garfield Avenues, and 73rd and 74th Streets. Although the amount of water collected and drained off the end of this alley will not be increased, the runoff will be more concentrated. This concentrated flow may cause a washout problem, however. Several solutions are available. The best .engineering solution is to collect the storm water in a storm drain and run a storm sewer pipe west from the end of the alley between 7321 and 7327 Garfield Avenue to the storm sewer main on Garfield Avenue. This solution would in- volve the temporary disruption of the adjacent landscape and an expenditure of $8,000. Another althernative would be to build a spillway of timbers or concrete to spread the water out at the end of the alley. Council Letter No. 179 -2- May 26, 1981 This storm sewer will be bid as an alternate to the alley paving project. After the bids are received on the project, the staff will discuss the alternatives with the neighbors and the council will decide whether to include the storm sewer improvements with the alley improvements when the contract is awarded. The storm sewer as well as the other costs of the project which are not specially assessed will be funded by selling special assessment bonds. The staff recommends that the city council adopt the attached resoltuion, approving these plans and specifications and ordering the placement of an advertisement for bids. The bid opening is scheduled for.June 15, 1981, with council award. of the contract scheduled for June 22, 1981. Anticipated start of construction is the second week of July. Respectfully submitted, SIC ~1 ~L~~~~1 ~' Karl Nollenberger City Manager KN/ej a cc: Community Development Director City Engineer r RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT N0. 734 WHEREAS, pursuant to resolutions No. 6418, No. 6419, and No. 6397 passed by the council on April 27, 1981, and March 23, 1981, Orr-Schelen- Mayeron Associates has prepared plans and specifications for permanent surfacing of the following alleys: Between From To 3rd and Clinton Avenue 73rd Street 74th Street Lyndale and Aldrich Avenues 75th Street 76th Street First and Stevens Avenues 71st Street 72nd Street Garfield and Harriet Avenues 73rd Street 305 ft. south 2nd and 3rd Avenues 71st Street 73rd Street Oliver a nd Newton Avenue 63rd Street 470 ft. south 65th and 66th Streets 22nd Avenue Standish Avenue 65th and 66th Streets 13th Avenue 14th Avenue Washburn and Xerxes Avenues 66th Street 67th Street Clinton and 3rd Avenue 66th Street 67th Street Stevens and 2nd Avenue 71st Street 72nd Street Nicollet and First Avenue 71st Street 72nd Street And has presented such plans and specifications to the city council for approval; NOW THEREFORE, be it resolved by the city council of Richfield, Minnesota: 1. Such plans and specifications are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the Richfield Sun and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published June 3rd and June 10, 1981, shall specify the work to be done, shall state that the bids will be received by the clerk until 1:30 p.m. on June 15, 1981, at which time they will be publically opened in the council chambers of City Hall by the city clerk and engineer, will then be tabulated, and will be considered by the council at 7:00 p.m. on June 22, 1981, in the council chambers, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a bid bond payable to the clerk for five percent of the amount of such bid. Passed this 26th day of May, 1981, by the City Council of the City of Richfield, Minnesota. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk 3~- CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 178 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: ~~ Subject: Additions to Street Lighting Project, CP 761 Three locations have been identified as needing street lights per resident requests for lights. None of the three sites received mid-block lighting as part of the permanent street improvements, due to the absence of a power pole to mount the lights on, although these sites were assessed for lighting. Because these residents have not received the same benefit as other areas of the city, the staff recommends that this lighting installation be included as part of City Project 761. The three locations, and the estimated cost of the lighting improvements is as follows: 1. North side of 67th Street, between Oliver and Newton Avenues - estimated cost: $1,550 2. North side of 67th Street, between Morgan and Logan Avenues - estimated cost: $1,700 3. South side of Lake Shore Drive, between Girard and Humboldt Avenues - estimated cost: $5,650. Ornamental 25 foot stainless steel poles with cobra head 175W mercury vapor lights would be installed, to match the ornamental lights which were installed throughout the rest of the city. This project can best be accomplished by its inclusion with City Project 761. Funding for these additional lights, as well as the other costs of the project which are not specially assessed will come from the sale of special assessment bonds. It is recommended that the city council pass the attached resolution, authorizing the installation of these lights and includ- ing them as part of City Project 761. Respectfully submitted, Karl Nollenberger City Manager Community Development Director City Engineer Finance Coordinator PETITION FOR LOCAL IMPROVEMENT CITY OF RICHFIELD, MINNESOTA T0: The City Council of the City of Richfield, Minnesota Date Received We, the undersigned, owners of not less than 51 percent in frontage of the real property abutting on _ ~_~ K ~> ~ l ~~.~ ~ ~~.'='i ~.~ -~-__ Between C:- % s~-~U ~~ ~-~ And /-/ ~-~:_ ~ 1'1 ~ ~' /~- hereby petition that such street be i mproved SIGNATURE OF OWNERS HOUSE N0. LEGAL DESCRIPTION OF THE PROPERTY ~1~,.~- `sue , ~ 1 . ,..c~ti1 _ ~ t~ rtE.~-c.i~, 2 (/ f Z~ C-'' T (~ J / ~j / /, .L ~~ ~~ J ~ ~ S - L•OZ O O ~ ,I>(C.7 G K D ?,. ~ I.~Q~ ~ '~ JJL~~.~-d~ `~l/,,~ iVU ~~NU~~ /v?O~ Z _ Svc; lC C~• 4. 5• __ 6. ~, 8. 9• lo. 11. 12. 13. 14. 15• 16 . ~ -_ 18. - ''~ ``~~~ 19. _ 20. xamined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. Percent City Clerk. RESOLUTION NO. RESOLUTION AUTHORIZING THE INSTALLATION OF CERTAIN STREET LIGHTS WHEREAS, it is necessary and feasible to install street lights at the following locations: 1. The north side of 67th Street between Oliver and Newton Avenue. 2. The north side of 67th Street, between Morgan and Logan Avenue. 3. The south side of Lake Shore Drive, between Girard and Humboldt Avenue. AND WHEREAS, this improvement can be best accomplished in conjunction with C.P. 761, NOW THEREFORE, be it resolved by the city council of Richfield, Minnesota: 1. Such improvement is hereby ordered. 2. Such improvement shall be made a part of C.P. 761. 3. Such improvement shall hereafter be known as C.P. 761. Passed by the city council of the City of Richfield, Minnesota, this 26th day of May, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk ~r CITY OF RICHFIELD, MINNESOTA „Office. of City Manager Council Letter No. 176 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: May 26, 1981 Board of Review Meeting The annual Board of Review for the City of Richfield is scheduled for Tuesday evening, May 26, 1981, at 8:00 p.m. in the council chambers of city hall. T: of the city council and two resid~ by the city manager and conf firmed city residents who are serving on Mr. Har-ry Tickner and Mr. Harley ' duties of the Board of Review are from the Minnesota Statutes. ze board consists of the members ants of the city, which. _are appointed by the city council. The two the Board of Review this year are Nitte. The responsibilities and outlined in the attached section Property in the City of Richfield has been assessed as of January 1, 1981, with a current value for each property established as of that date. In general, residential property values in Richfield were increased approximately seven percent since the last general re- assessment on January 1, 1980. Each Richfield property owner re- ceived a notice in April, indicating the January 1, 1981 market value on their property. These notices requested property owners to con- tact the city assessor's office and make an appointment if they wished to appear at the Board of Review meeting to appeal the valuation estab- lished for their property. -Attached to this council letter is a list of five property owners who have indicated they may appear before .the board. As indicated, -che market value for each property was current as of January 1, 19'31. Attached to this memorandum is a table on s Respectfully submitted, d one or two years prior to stantiates the average in. in the City of Richf field. age 1980 selling price of buildings by total square foot. that time. This sales information sub- ~rease in market value which has occurred Also included is a list showing the aver- one story buildings and multiple story feet, including the selling price per square Karl Nollenberger City Manager KN/eja w BOARD OF REVIEW May 26, 1981 8:00 P.M. /1. ~ Mrs. Thomas Mead 7620 Morgan Ave. Gordon W. McKinnon 7308 Upton Ave. ~• _. 3. Lawrence Wozniczka 6744 Wentworth Ave. J4. Karen Johnson r~0 ~`~~ Rt #1 Box 144 New Prague:~~ 6600 Cedar Ave. 5. Tilman M. Amstutz 6825 Elliot 6. David Ames 6816 Queen 7504 Colfax 6530 Bloomington 11 East 68th St. 7104 2nd Ave. 3~bU~o~ -_4~~~ o~~ k 1 , -~ i~ o ~" 1 ~ ~. ~ I ~' ! t~ ~~ 8 (~ ,~~ ~ ~~ ~~ 7~ ~ ~_,~ ~~~ ~. , . - ~. ~~ . 33-028-24 33 0041 ~~~' 32-028-24 13 0055 -' 27-028-24 31 0015 ~ 26-028-24 41 0002 26-028-24 34 0085 29-028-24 44 0139 33-a28-24 41 0084 26-028-24 13 Otoo 27-028-24 43 0112 34-028-24 12 0134 "~- ~~~ N W J N J Q t._ N W ~I a . ~ `~~ I ~ p ~ I ~ ~ ~ ~ ~ © I ~ ~ d d ~ p ~ ~ d ~J +~ ~ ~• *~, 9l ,~vi~.. t•„ t~, t'~x~ ~ ~,;~ QM,, to ~ ~ ~-X~ (C~,~t~~/ ~ ~° hX, ~ ,~~ ~.~"'C' ~,~ O ~ ~ ~ o ~ ~ ~s~ i C.~ ~ ~ ~~ CJ V ~ ~ h,'b~ OQ2~ ~ ~ ! G ~a\`,'~ ~~ p ~ ~~ ~ (7 k (3 ~. 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O o a \D ~ ` ~ ,~ 'o p ~ ~ ~~ o rm: .'Q N W J Q N J Q N W s ~~ a ~i _ _ ~V L =11 ~~~. ~ ~ ~~ ~~I~ ~~.~~ ~~~ ~~.~ :.=~1~ a ~~ r L ~~ \r ~~ ~ ~\V \ ~ ~ ` ~ l~ ~ ~ ~ . ~ t ~~' ~o\D ~ ~ ~~~ ~,~ o ~ { I I LX~ -~ O o ~ ~ C~, o ~ \ 'p + I ~i o I ~ ~~oIC>>~ o d d I~ ~ i ~ ~ ~ ~~ ~ ~ ~ I ~ °~ ' ~ ~ M ~ ~ ~ ~ ' ~ I -` ~~ ~ ~ ~ , i { I ` ¢ ~ ~ ~~ ~~ ~~ ~y ~"= `\ j~ ~ r~ ~ ~ ~~ Q ~ ~ I i ~ ~ ~ m '~J \ `~j f I ~ I ~ C L °o ,,~ I i ~ ~ ~' ~ v G ~ l 'fi't, ' ~ i i I I ~~ ~ ~ ~ ~ I ~ I ~ I `~ I ~ ` ~ I ~ j \~ ~ ~ i , ~E ~ ~ I (~ ~1 ~ ~(~ ~U ~}~ ~ ~ '~J 1 ~y (~ ~ `D I ~ (`~ 'U ~{, 'L I ~ I ~ m i i C OD •- e ~ ` i © i \ ~ ~ ~ ~ I ~ I ~. I ! i i I mH ~~ ~ V I ~~\ I ~ ~- ~ ~~~ - ~ '' 1\y~ w~ ~G V ~ ~~ ~~ \b~ i ~ I ~ f ~ z E -- ~ L t~ iI j - I ~ s' - ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~'Q ~ . V ~ `y\ ,~; (~~ ~ "mil S ~ v~J c ~ 1 ~ ~ i ~, ' r ~ ~ y ~ ,~ ` ~ I ~ ° c ~~~ , ~ ~ ~ ~ ~ ~ ~ ~ I tp N I v -~ wIA J ~ ~ ~ ~. ~ro ~ i V ~ ~ ~ i~ ~ V ~ V ~ ~ ~ ~ v 4 ,`i G C ~II ~~ ~• N W J Q (!) J Q N W ~' Z y _ ~: ~`; 'e! v ~\ ~ I ~ I ~ ~ i ~ do ~ ~ ~ ~ ~ ~, ~ 3"j ~ ~yy ~~ v u ~ ~' ` ' '~ ~i `t b Y~ ~" \~~ I to L ~ 1 Uri i' rS ~'`~i ~l~ il++ yy''~ ~ '~ . _ ` \ o } rl \ ~ o Y S 3 ~ a \ (~'+( ~ ~,A ~ . ~C _ ~L i ,,n, y x ~ ~ ~ ~ i ~ i~ i i',~ ~. (~ `) I ~ ~~ I ~ i I ~ ~ ~ ~ ~ ~0 ~{ ~ i ~ ~ 'U i ~ _ i ry °0 I I ~ I I ~ ~ I I ' ~ y ~~j -. ¢ ~ I ~ '~~ ~b ~ o ~ ~ ~ 'a ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ I m ~ ~ ~~ ~ ~ i ~ j i \1 N ' i j m i ! I ~~ j~v•~ Iy~~ ~~~ z ~~~ti.~ ~~,~.~, v~ i ~ I i g L e ^` i ~` ^~ /d Y~ , C I ~,~ ~ t ,, awl ~~ J ~ v : •` y~~~~I}, 1p, v ~~,1 ' ~ ;y mcn ~ ~ i , , tA~ O ~ \ ~ ~ ~ i ~ i o cs ~ a v ~s ~ ~ n'y~~I~ ~.9 ~ ~ ~ v ~ ~ ~ y, ~~' ~, r; iy ~~ ~ j C O ~ a .~ ' u (((t ? ~ ` ~ n t ~ `,~.T ~ i • ~ ~ \ ~ ! ~ '~ ~ ` \ ~ 1 ~ ~ ~ 1~ b O (~ ' v ~ o ' .J \i ~ ~ V ~ C~ ~ ~ ~ "~ h ~ ~ . _ ~ _ . _ ._ v y, ~ ~ I l~ ~ ~~_ ~ ~ 1~~ W ~ ~ V` ~ {~•, s p ~ ' ~ . \ ~ \ O ~ ~ 'rte ~q `'U 'ati ~~~~~~~~ ~~AY 15 198 ~8?5 ~lli.ot Avenue ~o., City of Richfield r~ichf ie1~,,?~=inn..531}?3 ,:~ y 13, t'~,1g~?1 T o the r r Boar~~ a1 . gual9.~~at_on pity of :Richfield. 0entlEr:en: ?~le a_~e J~.,ea-sed t''z`~t you ~,.ccount our ,~ro~erty to be advance c. in a~y e r~rance anti :•re a,re t -~~•~nkful t o have a hone t o ~~~ ~ 9.ve in~`your well cievr-1_oyzCd co:~rt;nit~a~,tFati~~nt surrgu+~din~s. n ~v c a «~ - '~ _i ~~ r~owevc- r, we do t'n in]~ th:~.t o:,,r nro~Erty s'rzoulCi not be • ~• ~~• - m j-~ ~ ~';`~: ~ -valuat~-c~~ too h~.vhly becausE o~f t'rz= .~017_orir.~ :r~.ctof` ~ na,~els~f o ~' ~'~' ?t Yeas r_o city 4rlater cgnnE ct ion a.nd_ will nFed ;•rater inatallat ion ~c ~ ~~-o rn bEfOrF~ ar tarlen~t~:?G t!•;F?''_ttt yE?.:t pYCj ,:U""'~ Tu1.~~7.t CF?aC- O.rC,Pti^.~ the iU r-t .,~ ~``'~ ,=,. aa.ter fro; tree- ;aell~i" tree rca.r o± tie ~ra_~e-rty.~hi' ~.aoulc cost 4~ --~--~. . ~ uite ~, c:~nsicErablE ~?.:^~ount..blrasE calculate the _~x°ice o~ th.j.s :;roject. .r: n i 1J ryC:~, ~``";. 9~~` .~~.e G.riVE-`:i°.y ha.,S ?70t i;f:En. ;~1`?.Cir ~"o'-;']FC% `~/r1iCC?. tr7i~l 'rleeG. t~J ~e ~'~~'. ~ol'dons in ti;,e.nEo ~uct~ c.u.~t ri.~e ,~'or this ',,~i~hb;Jr'~~~~od..;I'h~U ;aoulc~ ' ~robaly cost over J_, 000 doll<~.rsr.f loircr, ~l~:c•.se let me ?~.no,~a. .._ ~~ ` ~ 3. onF half oT the riou E ~?'~~ olc;-c r c ~nStrUCr_ -.on ant- the '_~.~~.r!t in ~y Ste-~ ~~~, ~ 4~ ~ ~' i 1 :~ ' ~ 18 OI OlUG ~' i'~ 1Y'lnj, althOU'h 3'-~::~F: C?C'..3 bEE'!'? ~.'::: C.~O'.'?C: c~ ~rIG. ,~;,'..",?E S e~~c3.i:i 1'?c`l.t i `3'.~. et we gust co: sid ~__.~ i~ ~~t ._ ~,.~_ole oui ayr~~. '-+.T.~e house i` set o~? tta~- ~t~.c'~~ ~J t:~.^ loti ~~~~ite a w.~,;; s .fro- the -tree t .ah.ich would not en'n~.h;:,e i'~~~v tt3~~c- , lo,~rEr its- or an orc i~•.r~~ ,~~?.le of ~.t ~r'P_C trF.E. ~ ~`c~;En i'!l '-,tl~'r-r, ?VE •"'C,,qn VC 7'y ;x.11 ?.''iC'";.`y ''~rt:C:~ tO •~E .L placed. or t,~ - ~'~d `tiac'=. c;.^ ~t _...;ll,~.'~ ~''~ ..~,- cost ~. ~;ooc.~;+ su:2. y~ J` •~ L .111E rE1~tEr .:y~te::~ "1FFC.'..c ..,,,~~,~~,?.nin_; Each ,~c'_'Y')~-1c~C.'-~1:.C ~.~.L r= r:)~JIS of trees z-rot.,i^~ into trr' ~~.,w~.i:.:'~is Costs :u~t~' a. l:a.f`~~e .u.=,• 7.This houtiE ~?nd ~ro~Jcrty ha^ r,~t enhancEd in vw.luE Ito the a~:ount of X37, ,130 since we b ou;ht it in 1962 .'de try ref ore ap?ea1 t~3 have ou~kind conk ic',=rs:t ion ant lo~~aE r e ~ st ir~a.tE'~~~~~~t~~'~~ r Re~s~ect~',•~_~f~, Tours, , y~~-.-. ~,~~1_us today. _._ ti ~~ 'Y . ~`` \v w a N W \I a: c~ ~! ~~ • m o ro ri'~ ~ ~ ~ ~~ ~ ' •V ~ ~ "~1 C '~ ~ . ' ~ - - ~ L ~ 'y~} ~~ ~ O I ~ ~ ~ '~ p ~ ~ { t~ ~ ~ ~` ~ ~ ~~ ~~P ~ a b ~ ~• ~ `` ~ t Y V~" Ir h ~ I ~ ~ I ~ ~ \ i ~ ti ~ ~ ~ y X ~ ~ I ~ ~ ~ G ~ ~ ~ ~ '~~ -U ~ ~ i a ~ ~ ~ I ~ ' I ~ • W I V I ` IIf V " 1 V ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ 'I ~ I I I i L ~+ I ~ I ~ I 'l7\ '~ I ~ l~~' ~ ~ ~ ~ ~ I ~,~L I r ~Q ' , ,~~ I I ~ ~ ~ ' ; ~„ ~ ' `ti ~ i ~ ~~ Ea" ~ ~~l ~ i ~ ~ ~ I I ~ ~ ~ C L ~ ~ I I ~ i ~ I ~ I ~ V ~ \ ~ t ~ ~ V r I V ~~I ~N~-I I I i mm I m ~, ~ m •~ ~ ~ V ~ ~ ~ ~j ' - ~ ~ - I ~ i ~' I .C Ul m S I~ ~. U ~ ' ~"t. ~~~' -;~~ - ~ ^ ~- ~~ `' ~ I ~l ~~ -- -- I I -~-- I - E { ` ~ r y S ~ ~ ~ V ~ I i , y ~ ~ ~~; ~ i ~^ ~ ~~ I ~ ' ~ I ;mv~ I ~ ~ ~~ I ~ ~ ~ I ~ ~ m I ~ ~ ~- ~ U ~ ` c .~ li ~~'~`l ' ~a, ~ ~ ~Q v S. I i i O ~ ~ ~~ i ~ ~ S \ \ s~ ~~ s ~ Z 6 4 U J ; ~ ~ i ~ '~ ~ ~ ~ ~ ~ b ~ C ) J ~ ~ ~ i ~ ~ ~ n U ~ ~ I ~ ~ ~ `~ ~ ~ !~v ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~~ 0~ 4 `~ W U N W J Q N J Q N W ~~~ ~J, ~p~l ~ ~ I~ ~ ..~ ,0. ~ I ~ I I I _ _ ~__ I L ~ ~ y ~ ~,' ~ I t ~ it k ~ ~ d '~, 1 ~ ~ i !If ~ i I ~ S 11 ~ ~ i 1 k. ~ ~ ~~ V J `~ i i i ~ .~ ~LE4~ c~ I, . . I ~ ! ~~ ~ ~ I I - I ~ I • ' ~ O ~ \f ~ ~ o I ~ ~ \ I I f ~ I :'~ I ' ~ ~ ~I ~ I .` ~ ~ ,Vlo ~ f- `w~_ i ~ ' I i t L ~ ~ ~ "Y1 '1 ~ f' \ y~ ~ ~ ~ ~ y^ i I~ ~ I ~ \C ~ ~ I ! ~ ~ ~ ~ ~ ~ \ ~l ~ ~ ~ ' ` ~ . ~ ~ I C7 ~ ~ i l ~t ; \ II ~ i i 0 0 moo N !i ;; ~ ~ . ~ ~ ~ p I I ~j b~ I ~ I ~ j ' il I ; i i ~ ~ N I ~ I` ~ ~ ~ ~ ~ I t I ~~ I I I i i m JJ i t 1.1 N _ fpm C ~ ~ ~ ~ I ` ~ ` I ~ ~ ` I ~ I I , I ~ t I [ - i - ~ - ~ ~- - s a~ ~ ~-+ # ~ ~ ~ ~ ~ ~ ~ ~~~'il~~ y t b 'G a ~ I ~ i - _. m~ ? I i-- -- ; ' "I` , ~~ ~~ ~ i I ~ ~ i rna~ t~~ ; 11.d ~ /~ ~ ~ '/~ ~ ~ I ~ t ~ i ~O~Cn ~ `1\ ~ ~ 1 1 , i cs `~ ~1 ~' F- ~ y, U~ I ~ .~ 4 , I ~ ~! ~ ~ ~ ~ ~ y ~ ~ ~' i ~ I l u g d ~. ~~T V b ~ `'\~ ~ i ~"~ V ~ ~ ~ v ~ '~ - U I ` .L d i I ~ ~N~\ rr vJ '~ 273.13 TASES; LISTING, ASSF,SShIF,NT t~ ,. ~ ~ 4928 (3) The owner of a'nv property yualif}~ing under this subdivision, which has not been accorded the benefits of this subdivision. regardless of whether or not the notification required in clause (2) has been timely filed, may he entitled to receive such benefits by proper application as provided in sections 27U•07 or 37.192. Subd. 17. 'T'itle II or state housing finance agency property used for elderly and low and moderate income families. A structure situated on' real property that is used for housing for the elderly or for low and moderate income families as defined b}' Title II of the National Housing Act or the Minnesota housino finance agency law of 1971 or regulations promulgated by the agency pursuant thereto and financed by a direct federal loan or federally insured loan or a loan made by the Minnesota housing finance agency pursuant to the provisions of either of said acts and acts amendatory thereof shall, for 1~ years from the date of the completion of the original construction or substantial rehabilitation, or foi• the ori~~inal term of the loan, be assessed at 20 percent of the market val~u~ thereof, provided that the fair mar et va ue as e ermine v t e assessor is based on the normal approach to va ue using norma unrestncte rents. ^Subd. 17a. The provision o subdivision 17 shall apply only to non-profit and limited dividend entities. Subd. 17b. Valuation of farmers home administration propert}~ in muatici- palities of under 10,000. Notwithstanding any other provision of law, any struc- ture (a) situated on real property that is used for housing for the elderly or for low and moderate income famtlres as defined by the farmers home administra- tion, (b) located in a municipality of less than 10,000 population, (c) financed by a direct loan or insured loan from the farmers home admin- istration, and (d) which qualifies under subdivision 17a, shall, for 15 years from the date of the completion of the original construction or for the original term of the loan, be assessed at five percent of the market value thereof, provided thai the fair market value as determined by the assessor is based on the normal,apnroach to value using normal unrestricted rents. Subd. 17c. Valuation of lower income housing. A structure which is (a) situated upon real property that is used for housing lower income fami- lies or elderly or handicapped persons, as defined in section 8 of the L'~..ited States Housing Act of 1937, as amended, and (b) owned by an entity which has entered into a housing assistance l~av- ments contract under section 8 which provides assistance or 1 0 percent o`i the dwelling units m the structure, other than dwelling units intended for mana~e- ment or maintenance personnel, shall, for the term of the housing a_ ss:~ta~~ce .payments contract, including all renewals, or for the term of its ern:unent financing, }v~chever is shorter, be assessed at 20 ercen o its market ~ <<lue. The market va tie etermtne~~ by the assessor s to e ase on t e normal approach to value using normal unrestricted rents. '~~u~3.~/c~-Neighborhood real estate trusts. When a structure, consisting of one or more dwelling units, is owned by a neighborhood real estate trust and at least b0 percent of the dwelling units are leased to or occupied by a lower income family as defined by section 8 of the United States Housing Act of 1937. as amended, the structure shall be assessed at 20 percent of the market ~~alue. This subdivision shall not apply to any portion of the structure used for nonresi- dential purposes. Ground Floor Area (Sq.Ft.) Average Price AVERAGE SELLING PRICE FOR 1980-81 1 Story Basement Frame Price Ground Floor Per Sq.Ft. Area (Sq.Ft.) Average Price Price Per Sq.Ft. 500 (1) $45,000 $9o 1100 (11) $73,000 $66 600 (5) 55,000 91 1200 (8) 75,000 63 700 (7) 62,000 88 1300 (3) 77,000 59 ,800 (11) 63,000 79 1400 (2) 80,000 55 900 (18) 71,000 79 1500 (2) 85,000 57 1000 (16) 72,000 72 1600 (2) 90,000 56 2000 (1) 117,000 58 1~ Story Basement Frame Ground Floor Average Price/Sq~Ft. Ground Floor Average Price/Sq.Ft. Area Price Ground Floor Area Price Ground Floor 500 (3) S53,oo0 $l06 loon (6) S68,oo0 $68 600 (o) 57,000 95 1100 (5) 70,000 64 700 (11) 62,000 83 1200 (2) 74,000 62 800 (16) 65,000 81 1300 (1) 78,000 60 goo (8) 67,000 75 1~ Story Basement Frame 600 (1) 52,000 87 900 (2) 75,000 83 700 (1) 55,000 73 1000 (3) 80,000 80 800 (3) 66,000 83 1200 (1) 100,000 83 2 Story Basement Frame 700 (1) 68,000 97 900 (2) 75,000 83 950 (1) 81+ , 000 88 Split Level S Split Entry 800 (1) 67,000 84 1200 (2) 94,000 78 900 (2) 75,000 83 1700 (1) 125,000 74 1000 (1) 80,000 80 1 Story No Basement Frame SOO (1) 48,000 96 1100 (2) 62,000 56 600 (1) 50,000 83 1300 (1) 65,000 50 900 (1) 54,000 60 1600 (1) 69,000 43 1000 (1) 59,000 59 REPEAT-SALES One Yea r Total Previous Sale Current Sale Increase Address Type Area Date Amount Date Amount Amount %/{{Mo. %/Mo. I Irving 1STBFr 1053 7/79 69,000 3/80 79,700 10,700 15/8 1.94 6401 19th Av 1STBFr 864 4/79 55,000 3/80 61,000 6,000 11/11 1.00 2419 W. 70th 1STBFr 864 9/79 58,000 2/80 64,500 6,500 11/5 2.24 2962 Wash. Ccl. 1STBFr 912 11/79 61,800 3/80 65,000 3,200 5/4 1.30 6518 -20 20th 1STBFr 1726 1/79 65,000 3/80 78,500 13,500 21/14 1.48 Dbl Dwg. 6521 21st Av 1STBFr 1020 7/79 59,900 4/80 66,800 6,900 12/g 1.28 7520 Portland 1STBFrNo6 480 5/7g 40,000 4/80 48,400 8,400 21/11 l.gt 6511 Newton 1~STBFr 1215 7/79 62,500 4/80 64,700 2,200 4/9 .39 7608 Harriet 1STBFr 720 6/79 55,000 4/80 59,000 4,000 7/10 .70 6725 Queen Av 1~STBFr 1000 6/79 55,900 6/80 61,500 5,600 10/12 .84 7344 18th Av 1STBFr 1200 4/79 73,900 3/80 82,900 9,000 12/11 1.11 7201 Grand Av 1~STBFr g6o 3/79 55,000 5/80 68,500 13,500 25/14 1.75 6415 17th Av 1~STBFr 1050 7/79 53,000 5/80 62,000 9,000 17/10 1.70 (Alum.Sdg) 7233 Garfield 1~STBFr 1172 8/79 58,900 8/80 67,500 8,600 15/12 1.22 7427 Xerxes 1STBFr 720 3/79 51,400 6/80 58,200 6,800 13/15 .88 - Alum.Sdg. 7409 Blaisdell 1~STBFr 870 5/79 59,000 8/80 71,900 12,900 22/15 1.46 Alum.Sdg. 6844 13th Av 1~STBFr 600 5/79 44,500 8/80 49,900 5,400 12/15 .80 6333 22nd Av 1STBFr 768 8/79 46,000 8/80 56,000 10,000 22/12 1.81 6421 12th Av 1STBFr 1252 8/79 77,000 9/80 84,000 7,000 9/13 .70 Split Lv 645 2nd Av 1~STBFr 1240 5/79 6g,goo 6/80 75,000 5,100 7/13 .56 1 Xerxes 1STBFr 768 6/78 51,800 g/80 65,500 13,600 26/15 1.75 6~~0 Vincent 1STBFr 720 8/78 53,900 10/80 64,000 10,100 18/14 1.34 7234 BloomingtonlSTBFr 1134 6/78 62,500 10/80 75,000 12,500 20/16 1.25 7338 Russell 1~STBFr 990 7/79 59,000 11/80 74,500 15,500 26/16 1.64 6944 Thomas 1STBFr 720 7/79 58,900 11/80 67,000 8,100 14/16 .86 145 E. 66th 1STNo6 1573 7/79 58,000 11/80 68,000 11,000 18/16 1.18 Brick 7409 Vincent 1STBFr 816 1/80 54,000 1/81 59,800 5,900 11/12 .gl 7245 Oliver 1~STBFr 1100 8/79 62,000 11/,80 75,900 13,900 22/15 1.49 1915 w. 76th 1~STBFr 862 9/79 53,600 1/81 63,750 10,150 18/16 1.18 7433 Washburn 1STBFr 738 1/80 53,000 2/81 59,500 6,500 12/13 .g4 6908 4th Av 1STBFr 936 10/79 61,500 2/81 74,000 12,500 20/16 1.27 Average Annual Increase = 15.6% REPEAT SALES Two Years - Total Previous Sale .Current Sale Increase jdress Type Area Date Amount Date Amount Amount q/~MO. %/Mo. 7615 Vincent 1STBFr 1392 7/78 57,000 1/80 68,500 11,500 20/18 1.12 6345 Standish 1~STBFr 704 8/78 39,900 2/80 49,900 10,000 25/18 1.39 Stucco 7308 Sheridan 1STBFr 884 9/78 47,000 3/80 59,500 12,500 27/18 1.48 7439 Stevens 1~STBFr 1120 6/68 49,000 3/80 65,900 16,900 35/21 1.64 6310 Irving 1STNoBFr 780 4/78 40,900 4/80 53,000 12,100 30/24 1.23 7439 Wentworth 1~STBFr 870 10/78 45,000 5/80 56,000 11,000 24/19 1.29 6824 10th Av 1STBFr 1030 5/78 57,500 3/80 71,900 14,400 25/22 1.14 6326 1st Av 1~STBFr 1100 6/78 42,900 4/80 64,000 21,100 49/22 2.24 6415 Harriet 1~STBFr 1190 6/78 55,900 4/80 65,000 9,100 16/22 .74 6645 Columbus 1STBFr 840 7/78 51,000 5/80 59,500 8,500 17/22 .84 Brick 6216 15th Av 1~STBFr 1100 11/78 45,900 4/80 62,000 16,100 35/17 2.06 7129 1st Av 1STBFr 672 5/78 41,000 5/80 50,500 9,500 23/24 .97 140 E. 66th 1STBFr 914 8/78 55,000 8/80 72,000 17,000 31/24 1.29 Alum.Sdg. 7514 Upton Av 1STBFr 816 7/78 51,000 5/80 59,900 8,900 17/22 .79 7339 10th Av 1STPartB 1300 4/78 51,800 4/80 61,753 9,853 19/24 .79 2700 W. 72nd 1~STBFr 960 2/79 56,900 7/80 61,700 4,800 8/17 .47 7417 Dupont 1STBFr 882 9/78 50,250 7/80 62,000 11,750 23/22 1.06 Alum.Sdg 618 E. 70th 1STBFr 528 8/78 27,000 ~ 8/80 36,300 9,300 34/24 1.44 Stucco '-~5 Pillsbury 1~STBFr 1100 1/79 57,900 6/80 67,000 9,100 16/17 .g2 Alum.Sdg 6511 Logan 1~STBFr 1075 10/78 53,000 7/80 64,500 11,500 22/21 1.03 Alum.Sdg 221 w. 74th St 1STBFr 1226 8/78 58,900 8/80 75,000 16,100 27/24 1.14 6715 Irving 1STBFr 765 1/79 53,900 9/80 62,500 8,600 16/20 .00 6439 Clinton 1STBFr 1064 4/79 72,500 10/80 84,900 12,400 17/18 .95 6237 14th Av 1STBFr 858 5/78 47,000 10/80 63,000 16,000 34/28 1.17 Stucco 6925 Thomas 1STBFr 956 12/78 51,500 g/80 62,500 11,000 21/21 1.00 6516 21st Av 1STBFr 1014 12/78 48,900 9/80 65,500 15,600 31/21 1.49 2910 W. 74th 1STBFr 1168 1/79 70,500 10/80 84,000 23,500 33/21 1.57 Split Lv. 7405 Xerxes Av 1STBFr 720 7/79 53,000 12/80 59,700 6,700 13/17 .74 6912 Logan Av 1~STBFr 950 9/78 52,000 11/80 67,000 15,000 28/26 1.12 7233 Thomas 1STNoBFr. 1128 12/79 60,900 1/81 73,000 12,100 20/13 1.5~~ Stucco 6908 James 1~STBFr 900 2/79 50,000 12/80 69,200 19,200 38/22 1.75 Unf.Attic 6924 Logan 1~STBFr 1000 5/79 61,900 1/81 75,000 13,100 21/20 1.06 7033 2nd Av 1~STBFr 1230 5/79 59,000 12/80 71,500 12,500 21/18 1.12 Alum.Sdg 6835 10th Av 1STBFr 864 12/78 51,500 1/81 68,250 16,750 33/25 1.30 6521 15th Av 1STBFr 785 9/78 47,000 1/81 64,900 17,900 38/20 1.36 Average Annual Increase = 14.4% !~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 175 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Plans and Specifications for Street Lighting C.P. 761 On March 9, 1981, the city council ordered the improvement and preparation of plans for the installation of street lights on Penn Avenue, Portland Avenue, and Nicollet Avenue from C.S.A.H. 62 to I-494 (except 64th to 67th Streets on Nicollet Avenue). Orr- Schelen-Mayeron Associates have prepared final plans and specifications for this street lighting project, which are consistent with the preliminary plans. The lighting is to be 90 watt low pressure sodium cobrahead lamps on 25 foot stainless steel poles. The lights will be located on the west side of the avenues. As the council previously discussed, it is recommended that the installation of street lights on Penn Avenue from 65th Street to 67th Street be delayed in anticipation of a county project to upgrade the intersection of Penn and 66th Street. The right-of-way needed for the lighting installation can be purchased at that time. The staff recommends that resolution approving these plans the placement of an advertisement scheduled for June 15, 1981, with scheduled for June 22, 1981. The would be the second week of July. the council adopt the attached end specifications, and ordering for bids. Bid opening is city council award of the contract anticipated start of construction Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director City Engineer e RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CITY PROJECT 761 WHEREAS, pursuant to resolution No. 6390, passed by the council on March 9, 1981, Orr-Schelen-Mayeron Associates has prepared plans and specifications for street lighting on the following: Avenue Penn Avenue Portland Avenue Nicollet Avenue From C.S.A.H. 62 C.S.A.H. 62 C.S.A.H. 62 To I-494 I-494 I-494 (except 64th to 67th Streets) And~has presented such plans and specifications to the city council for approval; NOW THEREFORE, be it resolved by the city council of Richfield, Minnesota: 1. Such plans and specifications are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the Richfield Sun and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published June 3rd and June 10, 1981, shall specify the work to be done, shall state that the bids will be received by the clerk until 2:00 p.m. on June 15, 1981, at which time they will be publically opened in the council chambers of City Hall by the city clerk and engineer, will then be tabulated, and will be considered by the council at 7:00 p.m. on June 22, 1981, in the council chambers.; and that no bids will be considered unless sealed and filed with the clerk and accompanied by a bid bond payable to the clerk for five percent of the amount of such bid. Passed this 26th day of May, 1981, by the City Council of the City of Richfield, Minnesota. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk ~ i3~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 174 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Approval of Plans and Specifications for Sidewalk Construction - C.P. 727 On December 8, 1980 the city council approved the installation of a sidewalk on the north side of 76th Street from Portland Avenue to Cedar Avenue. On March 9, 1981, the council also approved the installation of sidewalks on portions of Penn Avenue from C.S.A.H. 62 to I-494; Nicollet Avenue C.S.A.H. 62, 700 feet south; the north end of Nicollet Park, Stevens Avenue to~Nicollet Avenue; at Little Bob's Park, 67th Street and Harriet Avenue; and the north side of 66th Street, Nicollet Avenue to Pillsbury Avenue. The city engineer has prepared plans and specifications for these sidewalks in accordance with the acouncil action. The staff recommends that the city council adopt the attached resolution approving these plans and specifications, and ordering the placement of an advertisement for bids. Bid opening is scheduled for June 15, 1981, with council award of the contract scheduled for June 22, 1981. The anticipated start of construction would be the second week of July. Respectfully submitted, Karl Nollenberger ` City Manager cc: Community Services Director City Engineer RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS FOR CITY PROJECT NO. 727 WHEREAS, pursuant to Resolutions No. 6347 and No. 6392 passed by the council on December 8, 1980 and March 9, 1981, the city engineer has prepared plans and specifications for the improvement of Penn Avenue from C.S.A.H. 62 to I-494; Nicollet Avenue, C.S.A.H. 62, 700 feet south; the north end of Nicollet Park, Stevens Avenue to Nicollet Avenue; Little Bobs Park, 67th Street and Harriet Avenue; the north side of 76th Street from Portland Avenue to Cedar Avenue; the north side of 66th Street, from Nicollet Avenue to Pillsbury Avenue; and miscellaneous sidewalk repair, by construction and reconstruction of sidewalk and handicap ramps and has presented such plans and specifications to the council for approval; NOW THEREFORE, be it resolved by the City Council of Richfield, Minnesota: 1. Such plans and specifications are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the Richfield Sun and in the Construction Bulletin an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published June 3, and June 10, 1981, shall specify the work to be done, shall state that the bids will be received by the clerk until 1:00 p.m. on June 15, 1981, at which time they will be publicly opened in the council chambers of city hall by the city clerk and engineer, will then be tabulated, and will be considered by the council at 7:00 p.m. on June 22, 1981, in the council chambers, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a bid bond payable to the clerk for five percent of the amount of such bid. Passed this 26th day of May, 1981 by the City Council of the City of Richfield, Minnesota. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk • • • ro ro ° ro 0 0 ~ ~ b d ~ ~ H H ~ ~ x x ::x ~ ~ ~ H H ~ ~ n ~3 H O z nF, .,~ ~~..,o ~, . n ..~ ~,.... ~ ~,..~ o., .., ~. ~. ... \ t :} a..n •vi -- J ...x...K. J~ L_-1L __ _ ,K .~ _a~ ~L ~ ~--_-_J _ ~ rt., ,.~ -;~~u~ __ i I ____J i~ ~_, r- ~-it-=~;~~ -' ~ ,.~, ..~ _ - ~ r _ ~..,...K ~~ r -- .K~. ~2- / ~~`~ ~ ~ ~ ~ caw. we l~ 4N l__ _ ~~~ I / ; ~ W„~~o .,~ ~'•~~-- ~ ~ i- ~~r .~. ~ C~ JL 1~ ' --~' _ _ _~~ _ _ ~L I~ ~. ~~ ~r ~ ~1.. ~~_..i w.~« . _ . - - - -, '~' '~ 'i - -- -, --~-~, _ -- - - - „E ~.~~ _-~ ; - ,~ M ~~ ' = -- - - - ,. _... ,, , _ _, , -- -a ~ - _ ,....E - _1 ~~ ' . .... ,,. ,.~ - a~ _ _ V ~ . .. ; ................:. .. ..... . ~.~~,o.~ .........~ ~, _ ~ ~; .~, .~ «~n ~ g -- - - ~~- s -. e~E, ,- - ~ ~, -. , - ,,,...~ ~ .~, J; i , , .~ ~ _ .. I a~ mo, 1 t £; ,,....E a i . a - \ y . s ~ - ~ 1 Z / m m ~ ~ T ~ L ~ ~' 1 .1 : s' ~ _ ~ o n -n T :l ,, " z .; ~:~ D °~ ; t; '~ ~_ m '" i= _ v, mo '"' i ~i o n ~- Y ~~ ,~ ~..... .... p ! -..~ eon .n ~~_ - C ~ ~..,. ~ ~..... ~~ y a ~; ~~~ i~ ` i1 N N H d tr1 t-~ x ro 0 n H x c -~ ' ~ s .~' ~ ~ ~' CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 173 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Amendment to Off-Street Parking Contract Dick Mulvain, representing Mr. H.T. Lund, of Lund's Inc. has made application to alter the existing off-street parking contract for Lund's Inc. Supermarket at 6228 Penn Avenue South. This application will allow Lund's to eliminate three existing parking spaces to permit construction of a Fotomat Kiosk on the east side of Lund's Supermarket. (This site was vacated by:a Clark Gasoline Service Station.) A curb cut connecting Lund's designated parking area to the proposed Fotomat site is proposed. Because the three parking stalls will be eliminated Lund's off-street parking standards must be amended, since that contract provides for 201 spaces rather than the 198 that are proposed. The proposal would conform to all off-street parking standards. City parking guidelines indicate that a total of 158 parking spaces are required for Lund's, so elimination of three parking spaces is not contrary to city guidelines. The staff feels that the proposal meets or exceeds the minimum off-street parking require- ments. However, because of the removal of the former building and gas tanks, the proposed Fotomat site is in a state of disrepair and should be resurfaced. The staff recommends that the city council pass the attached resolution approving the amendment to Lund's existing off-street parking contract, with the stipulation that the proposed site be improved. Respectfully submitted, 1 Karl Nollenberger City Manager cc: Community Development Director City Engineer CROSSTOWN HWY. o~rl rm~i r~rn z :~: y'~ 22--~20 20-~f-24-~c20 .20-~ ~ ~ .--. L Q ~_ •~ I Q Z W c~ 1 rm-m r~ ~24-~ ~ I N N Q N M Z W 24, °- N 75 ~-- 40 i~ PROPOSE FOTOMAT in N ~"~ ce RESOLUTION N0. RESOLUTION RELATING TO AN OFF-STREET PARKING CONTRACT ADDENDUM Lund's, Inc. 1450 West Lake Street Location: 6228 Penn Avenue South Use: Supermarket WHEREAS, Lund's, Inc., 1450 West Lake Street, Minneapolis, Minnesota, has executed an off-street parking agreement with the City of Richfield relating to property at 6228 Penn Avenue South, and which contract bears the designation of Contract No. 1007, and WHEREAS, said Lund's, Inc. now seeks an addendum to said contract allowing an additional curb cut and the elimination of three existing off-street parking spaces, and WHEREAS, the parking facilities at 6228 Penn Avenue South heretofore comply with the City of Richfield's off-street parking guidelines, NOW, THEREFORE, be it resolved by the City Council of the City of Richfield, Minnesota, that the addendum to Contract No. 1007 is approved and incorporated into said off-street contract. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of May, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk /,3 ~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 172 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchase in Excess $1,000 Chapter 6, section 6.05 of the city charter stipulates that the city council must approve the purchase of merchandise, materials and general construction when the amount exceeds $1,000. There is one such item on the coucil agenda of May 26, 1981• SANITARY SEWER LINE REPAIR ` During the week of May 11, 1981, the Penn Liquor Store had the basement flooded. The cause of the flooding was a broken pipe that is part of the sanitary sewer system in the area. City staff attempted to repair the problem, but the break was such that sub- stantial work was required to keep the line open. To the best knowledge of the staff no other property than the Penn Liquor Store experienced problems, but it was quite apparent that emergency repair would be needed to correct the problem before it increased and expanded. Seven vendors were contacted. Four companies indicated they did not wish to submit a quotation. Soil Solidifica- tion examined the site of the problem and visited with staff. They indicated they were not capable of providing the services required in this instance. G. and L. Contracting also visited the job site. They indicated they were not willing to provide the work on a time and material basis, but did submit a quotation of $11,850. Hayes Contractors, Inc. reviewed the job site and indicated they-~ would do the work on a time and material basis not to exceed $2,200. The vendor has done similar work in other communities. They have also done other work in the City of Richfield and have been satis- factory in their performance. It is recommended that the city council approve the expenditure of time and materials not to exceed $2,200 payable to Hayes Contractors, Inc. for the emergency repair of the sanitary sewer line on 65th Street and Penn Avenue South. Respectfully submitted, J ~` v Karl Nollenberger City Manager ~3G CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 171 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordering Project for Aldrich Avenue Cul-de-Sac C.P. 768 As part of the Developer's Agreement that the H.R.A. has negotiated with the Lyndale Garden Center, 175 feet of Aldrich Avenue must be removed to accomodate the new Lyndale Garden Center parking lot. Anew cul-de-sac is to be constructed at the terminus of Aldrich Avenue. Construction of this area will include the relocation of existing utilities and appurtenances. The developer has agreed to pay the entire cost of the street removal and the construction as a special assessment against his property. The estimated cost is approximately $11,500. The staff recommends that the council pass the attached resolution, ordering the project and the preparation of plans and specifications. The plans and specifications should be ready for city council review and approval on June 8, 1981. Respectfully submitted, Karl Nollenberger City Manager cc: Community Development Director RESOLUTION NO. RESOLUTION ORDERING THE RECONSTRUCTION OF THE ALDRICH AVENUE CUL-DE-SAC AND THE PREPARATION OF PLANS WHEREAS, the city has agreed to reconstruct the Aldrich Avenue cul-de-sac 175 feet to the north of the present location; AND WHEREAS, Lyndale Garden Center has agreed to pay the entire cost of such reconstruction as a special assessment against its property; NOW THEREFORE, be it resolved by the council of the City of Richfield, Minnesota: 1. Such improvement is hereby ordered. 2. The city engineer is hereby designated as engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the council of the City of Richfield, Minnesota, this 26th day of May, 1981. Donald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk CITY OF RICHFIELD, MINNESOTA --Office of City Manager Council Letter No. 170 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Presentation of Semi-annual Commendation Awards, Public Safety Department Twice each year, the Public Safety Department presents a commendation award to either an employee or a citizen of the community at large, in recognition of some significant contri- bution to the public safety effort in our city. The command staff of the Public Safety Department has nominated Police Agent Vaughn Lambert and Police Agent Kenneth Pilcher as recipients of the award for the period July through December, 1980. These two officers were assigned as the primary investigators in the Clifford Hoffman homicide case. As the council may recall, Mr. Hoffman, a resident and businessman in our community, was assaulted and robbed at his home at 6423 Humboldt Avenue South on June 17, 1980. Mr. Hoffman subsequently died as a result of injuries incurred during the assault. This was a particularly difficult criminal investiga- tion because there were no witnesses to the crime and there was very little usable evidence at the scene of the crime. Through a tremendous effort by many Police Division employees to develop information on this case, an individual was identified who had information about the crime. Agent Lambert and Agent Pilcher, working with this individual, were able to identify the three suspects who actually committed the crime. All of the suspects had left the state immediately following the crime. Through diligent and effective police work, Agents Lambert and Pilcher eventually located the suspects and developed a,strong enough case against the suspects so that arrest warrants were issued. The three suspects were eventually apprehended and returned to Minnesota to stand trial for this crime. Early this year the trials for all three suspects were conducted and all suspects were found guilty, as charged. Because of the dedication and initiative required to successfully investigate this crimp, it is the recommendation of the Public Safety Department staff that Police Agents Vaughn Lambert and Kenneth Pilcher be recognized for their outstanding work in this case. Respectfully submitted, ~ ,, 1f 1 I~ 'sJ Karl Nollenberger City Manager cc: Public Safety Director ~/ ,CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 169 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Presentation of Award to "Employee of the Quarter" An item has been scheduled for the May 26, 1981 city council meeting providing for formal council recognition of Charles May, a Community Services Worker at Woodlake Nature Center, who has been selected as the "Employee of the Quarter" for the period January - March, 1981. The "Employee of the Quarter" award gives recognition to pity employees who make significant contributions to the overall city organization. Charles May is the employee who °mows the grass, vacuums the carpet, fixes a lamp, ripraps a stream bed, puts up walls during the city hall remodeling, looks at the sound system in the council chambers to determine why it isn't working, applies a bandage to a pre-schooler with a small scrape on the arm, and accomplishes a myriad of other projects, all with a smile -- and most people don't even know his name. He is clever with his hands and mind, fully capable of working independently, as is often required when assigned to week-end duty at the nature center, and works equally well inside and outside, with people or with machines. To quote his nominator, Chuck "is one of those steady, unsung heros of the city staff." Mr. May will be present at the May 26, 1981 city council meeting to receive this award. Respectfully submitted, ,. ..~_~ Nom: ~~: ,,~-u ~ u=, J Karl Nollenberger City Manager cc: Community Services Director Community Development Director Administrative Services Director Public Safety Director f ... .~ i .., a ~ ~ 3T CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 168 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Change Order for Adams Hill Park Redevelopment Project There is an item on the May 26, 1981 city council agenda providing for city council approval of a change order for the Adams Hill redevelopment project. The change order requested is in the site construction contract with Sebesta Construction Co., Inc. The total of the change order is a deduction in the amount of $2,175.17 and includes the following provisions: 1. Delete 24 l.f. 66" RCP (-$3,702.24) 2. Delete 460 l.f. bituminous walkway (play area to Xerxes) (-$2,044.00) 3. Delete bituminous paving in building construction zone (-$1,420.00) 4. Delete clay liner for pond bottom (-$8,087.38) 5. Add 14 l.f. 18" Class 3 RCP in Xerxes Avenue (+$867.86) 6. Add 14 v.f. to sanitary manhole in Xerxes Avenue (+2,006.76) 7. Add reconstruction of storm sewer manhole base in Xerxes Avenue (+$1,591,40) 8. Add construction work required by survey staking (+$1,654.60) 9. Add fill material from off site (+$4,764.25) 10. Add extra grading work required by lack of materi al on site (+$2,193.58) Council Letter No. 168 -2- May 26, 1981 Recommendation The Adams Hill Park redevelopment project is approaching completion, and we hope it will be completed in the 1981 con- struction season. The requested change order maintains the integrity of the park design. It is the recommendation of the Community Services Director, in which I concur, that the city council approve a deduct change order in the amount of $2,175.17 to the Sebesta Construction Co., Inc. contract. The new contract sum, including this change order, would be $282,846.88. Respectfully submitted, :; ~: ~~~ Karl Nollenberger City Manager cc: Community Services Director I~ ~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 167 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Award of Contract for Well Replacement and Appurtenant Work at Water Wells No. 1 and 2 Located in Nicollet Park On Friday, May 8, 1981, bids were opened for removal and replacement of Deep Well Pumps No. 1 and 2 located in Nicollet Park. A representative of the city manager, the city clerk and the Community Services Director were present at the bid peening. A copy of the bid minutes and tabulations is attached for council review. Four bids were received. These bids have been reviewed by the consultant, Orr-Schelen-Mayeron and Associates, Inc., and the city staff. Funding for the work is available through the water utility enterprise fund and has been appropriated through the council-adopted Capital Improvement Budget. It is recommended that the city council take the following actions: 1. Accept the bid minutes and tabulations 2. Award a contract for well replacement and appurtenant work at Water Wells No. 1 and 2 to Bergerson-Caswell, Inc., in the amount of $22,130. Respectfully submitted, r~ Karl Nollenberger City Manager cc: Community Services Director City Clerk CITY OF RICHFIELD Bid Opening May 8, 1981 Well Pump Replacements and Appurtenant Work Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Sylvia K. Bergh, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids for Well Pump Replacements and Appurtenant Work as advertised in the official newspaper on April 22, and 29, 1981. Present; Don Fondrick, Community Services Director Steve Devich, Personnel Officer Sylvia K. Bergh, City Clerk The following bids were submitted and read aloud: BIDDER AND BID SECURITY Industrial Pump & Motor Service B.B. 5% TOTAL BID $32,740 Layne Minnesota Co. B.B. 5% $29,080 Keys Well Drilling B.B. 5% $30,750 Bergerson-Caswell, Inc. B.B, 5% $22,130 The City Clerk announced that the bids would be tabulated and considered at the regular city council meeting of May 26, 1981. Sylvia K. Bergh City Clerk ~k 7 "T^"' OF RICHFIELD, MINNESOTA °V1 11 Office of City Manager . Council Letter No. 166 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Transitory Ordinance Providing for the Expenditure of Money From the Special Revenue Fund for Park Acquisition and Betterment At the April 27, 1981 city council meeting, the city council gave first reading consideration to a transitory ordinance pro- viding for the transfer of $10,000 from the special revenue fund to the Community Center Handicapped Access project. This amount, together with the $80,000 of Community Development Block Grant monies already allocated, will provide $90,000 for this project. A copy of the ordinance is attached; and it is recommended that it be given second reading approval at the May 26, 1981 city council meeting. Respectfully submitted, Karl Nollenberger City Manager cc: Community Services Director Administrative Services Director Financial Coordinator LEGAL NOTICE Bill 1981-10 TRANSITORY ORDINANCE NO. 16.78 AN ORDINANCE FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS The City of Richfield does ordain: Section 1. It is found and determined necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, and is a project which the city would be authorized to issue general obligation bonds. Section 2. The capital improvements and the amounts of expenditure for such improvements, which are hereby authorized to be paid from the Special Revenue Fund under Chapter 7, `Section 7.12, subdivision 2, of the City Chater, is as follows: Community Center Improvements $10,000 Section 3. The expenditure herein authorized shall be made pursuant to such contracts as are authorized from time to time by council action. Passed by the city council of the City of Richfield, this 2uth day of May, 1981. llonald J. Priebe, Mayor ATTEST: Sylvia K. Bergh, City Clerk ~ /Z CITY OF RICHFIELD, MINNESOTA Off ice of City Manager Council Letter No. 165 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Appointment to Human Rights Commission At the May 11, 1981 city council meeting, the city council reappointed two members to the Human Rights Commission for three-year terms. The council did not appoint a "youth member" at that time, as there was some question regarding the definition of "youth member." The city ordinance estab]_.ishing the Human Rights Commission defines a youth member as a high School student, and stipulates that the term of such a youth 'member expires upon the member's graduation from high school. The ordinance does not stipulate how many members must be youth members, although for the past several years the commission has had two youth members. In view of this, Dawn Nilsen, who was appointed to the commission in March, 1981 as a youth member, must be considered an adult member with a three-year term to expire in 1984. The two vacancies (Diane Olson and Steve Sable) then left on the commission could be "youth member" terms. If they are to be considered as such, Steve Sable and Lora Ulrich would be ineligible for appointment as they are both high school graduates. Linda Fjelde, who has applied for membership on this commission, .,j.s eligible for a youth member appointment. At the May 26, 1981 city council meeting, the city council could make a one-year youth appointment, and decide a.t that time if they wish to keep the remaining vacancy as a "youth member term," or appoint one of the other applicants to a three-year term on this commission: Respectfully submitted, ~~ Karl Nollenberger City Manager r~!'PLIL-~1 I^1J . ,.':, ~-1_ . :_?f tiIL..Ii~TEL~ AD~~'I3CR., ,-.`1,~,1.,IiT~.~E .,R ''^r`~,,.'~SIOti ",~;,,-;Ir.-T~,;rw NAME-~~~ ~,~~ ~__tS.Ll!ll~Lt~' _~/ L~~il HGME ADDRESS ~~~U ll ~ ~1(J~ • I~l('~~~1`~~~~ ~"~'`"~~~--~ f` ~~ J:rel.: .\.,i. CALL`;' ._,liJ _. ~j MAILI.~G :=,J~<<.LSS. (i~ ...__~re:,::. _.,, 'r:,,~..., a...r~~v, Street ~:o. __- _ __..~ AFPOII`~TT:'E~~T ?'REF'E".E`::`E. Planning C~~mmission Park and Recreatio;; A::~~isory r`o~ ..,. Senior Citi~='n ~ i-?anu.capped Auvis:,r'; C:~r:~;^ission. [-{fir„~n 7tu :~S ~v~:!:'.LS~.C`:~_ C~.~il Service Corn~:,ission ,~;visorv Boars o =iealth (`t:r,~r Briefly :~15CliSS a5~eCtS Oi '"'CUr GX~~2rie%:e :'~LCii Otl Dei!~=c;.~' ~;Ll~l!i`.' ;%1li r~r _.`11S fT1LnICl~al CO[;l!?11SS1C:'!. :;O':?^1ittEe c3nC: .JI":`.' ..~. ?Cl~ .:':t~rr?SLt lrl ~c?r`.'.;'.t,;; O _ , `BTU ~~ tyT C~C,~l ~ ~ r'~; '-'Y1~ OJT ~ U I l"1 ill c_F~ `~6+- (1,~ t'-~ ~(_ j ~ T' ~-, i ., ~ ~ ,i ,r;t;yij_, n- rT, .. i~ ~ .r ~~pp:lication for ~itudentl~osition - Date ~-7.9-81 APPI_:IC"rTION FC;R CIT'L' OF RICHF'IEI.D ADVISOR' COMMITTEE OR COP.'SMiSSION APPOII~)TME'vT NAME ;o;.~~rr~; T,c~r=~ fiia.ri~.n Last '-1r`.:t i~<i'i:C1C HOME ADDRESS 7F.01 A _c3rirh !,.~'. S. I11Chfj_n'I.C3 _ 1`".n. _ Street No. City Zip C:_.de MAILING ADDRESS (if different from home address) Street No. ~.~ity yip ode PHONE: Home R6F-87.7'L Business APPOINTMENT PREFERENCE: Planning Commission Human Rights Corrrmission_~ Park and Recreation Advisory Comm. Civil Service Cor:;mission Senior Citizen & Handicapped Advisory Board of Health Advisory Commission Other Briefly discuss aspects of your experience ~^.~hich you believe ;ualify you for this municipal commissioni~committee and why ;-ou are .nterested in serving: T haves l ; veri i n Ri ~hfi el rl ~,l ~1 ~t,r 7 i r'e anri t~lcen ~=t]"t' in school ~t~fiz~i ti a~, ~'10'rT T T,rnttlr' "j_i1Fn to i"F3,)~iP ~~Y't in C1.tV ~Ctlz7l.tleS AnC] 1'hP ~ittt~l~.t'1 ~f1;,-nj-ti C,c~'C~tT17 S`~iOn i nl;ere,~tS 1?7e I7 e,Cc`l.l~^e T i~?OU7.C~ 7~ke to help tieon7_e bui7_d a, hurlan comTr;l;nit;j. CIVIC, PROFESSIONAL, AND C;OMMUNIT`i ACTIVI'T'IES: I'T`ti"l C~Yt9~ =inner ', /l r'1 ''f"?~~ r`-]~?y~f'i v'n,* Sri ~1~') r+l ''T~~"3C'~z 7 Y~ ?~l ^j~'1 `~Chn~~ -y, ~ t !+7,~-~c-c. rC,t~,11-ry i rl '-+ir~h `ir'1'lclt~~) ,_1=rCCiY1C"F C.`~ttaC~~S .~.CFizJlt:LeS, rarr~rlri err fo7' r;:`~nr~iri~~±'n^ F'nI:' '!~t~t~l.i C nf_~~i r~ _,C~Clc't"u ref ',O"iP., t'1 ,., - _ - lnef'."5 L.f t..~ r\ f~ ~ [ I l ~' ~b . ; i~. ~J l i i._~l R Il_. r? i ~. ... .A!~~,'IJJ;'~ ~~i.~~I';1_"iT1.~ ._.'(~' CC?.~~,~`i~~IC`; npnn,Ii`:~~~.~, ... NAME LL J~7~~ ~l coo nor,±L ~,~~~: <E~; ~J ~Lf 15c~~?~,~~'~eJ /~~~ ~Crc~~;=~C~.o ~~.~ j~~[t~,-tl_li~L+ :i:~iJl\EJJ. ~l: ,.. ..4ci?~tt __,..,. ~i'.~,r'r~ r3 :.. C_' ~ . IPHO~r: Nor7e ~~1 ~3~~ P E~'~s::,e-s ?lannir.c ,~:,.;~ :1551'J.^. Fark and Recreation; F,cvisor•:~ Co[r:m. Senior Citizen ~ i-?ana,capaed Advisory Commission _ ~.'ii ~~rvica !:'Jr-.~:issicn _ _ : : ~. Ctn~r Briefly: discuss as~~cts of ;our ~_x~er~~,,,:.e .. _ic:~ you n~L_~_ . :iii. ;~~u :cr _-:is mur!1Cl~ai C'Jin1C'iISS1^.... _:J;i:C:lii.tE'P and ~,tiCly :~1: 3r~J ...tCrc?;itF'._. i?~. :~t~'.["'.'_. t ~, a 1~~,~.~.1~ sc.Q..~~ sa~,~.o~,o-ti.~ --c,~.c,~, , ~ ,.~u.~ ~..c.~c~.~. ~.,~uaa.~.~:c~i~, A __ ~ _ a ~ A . ~ ~ ., _ ., .. ~ n n . a._ ~ /I r ~ ~ e ~ CPJIC, f RCF .,EIC~.~~,:..:;;...~ _ ..~ :~~L . .~ . ~; L ~~.... ~: NAME ~% Last HOME ADDRESS Date APPLICATION FOR CITY OF RICHFIELD ADVISORY COMMITTEE OR COMMISSION APPOINTMENT / \~-- :First Nlid~ile ;~ L~ Street No. City Zip Ccde MAILING ADDRESS (if different from home address) Street No. City Zip Ccde PHONE: Home ~~~ ~- ~.1- ~--~-- Business APPOINTMENT PREFERENCE: Planning Commission Park and Recreation Advisory Comm. Senior Citizen & Handicapped Advisory Commission Human Rights Commission Civil Service Commission Advisory Board of Health Other __ Briefly discuss aspects of your experience which you believe qualify you for this municipal commission/committee and why ;you are interested in serving: ~' i CIVIC, PROFESSIONAL AND COMMUNITY ACTIVITIES: ~~ !~!•_ ~ f ~ ~ / / G` ~ ~'/ ire .~ r .. ._, CHAPTER XII PART III. COMMISSIONS. 12.23 ESTABLISHMENT OF HUMAN RIGHTS COMMISSION. Subdivision 1. Scope of Section. It is hereby declared that it is the public policy of this city to fulfill its responsibilities as a partner of the State Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to fully implement those goals set forth in Minnesota Statutes, Section 363.12, Subdivision 1, the Minnesota Human Rights Act. Subd. 2. Establishment of Commission. There is hereby established within the City a Human Rights Commission. Subd. 3. Purpose of Commission. The purpose of the commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community and to take appropriate action consistent with the Minnesota Human Rights Act. The commission shall also advise the city council on long range programs to improve human relations in the City. Subd. 4. Composition of the Commission. The commission shall consist of 10 members to be appointed by the council. Members of the commission shall be appointed for terms of three (3) years, except that (1) any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such and (2) any person appointed as a "youth" member of the commission who is a high school student shall be appointed only for the remainder of any un- expired term for which he was appointed, or until he is graduated from high school, whichever occurs first. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. The members of the commission shall serve without compensation and may be removed from office at any time by the council, after a public hearing if a hearing is requested by the member whose removal is being considered. (Bill 1977-9) 4/11/77 Subd. 5. Commission's Responsibilities. In fulfillment of its purpose the commission's duties and responsibilities shall be to: (1) Adopt bylaws and rules for the conduct to its affairs including the election, assumption of duties and definition of responsibilities of officers and committees. (2) Engage in discussions with the State Department of Human Rights for the purpose of delineating cooperative regulatory and enforcement procedures. (3) Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities. (4) Formulate a human relations program for the city to provide increased effectiveness and direction to the work of all individuals and agencies ad- dressing themselves to planning, policy making and educational programming in the area of civil and human rights. ~- ORDINANCE CODE 4/11/77 283 CITY OF RICHFIELD, MINNESO fA w, ~ - ~ (5) Advise the city council and other agencies of the government on ~~ %!' human relations and civil rights problems and act in an advisory capacity with respect to planning or operation of any city department on issue: of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community. (6) Study, investigate and assist in eliminating alleged violation of Chapter 363 by conference, conciliation and persuasion, and when necessary, cooperate with the State Department of Human Rights in enforcing the provisions of the State Act. (7) Develop such programs of formal and information education as will assist in the implementation of the Minnesota Human Rights Act and foster the commis- sion's assumption of leadership in recognizing and resolving potential areas in the community. Subd. 6. Investigations' Enforcement; Penalties. (a) In addition to the responsibilities conferred upon it by Subdivision 5, paragraph (6) of this section, the Commission may receive and investigate complaints of alleged violations of this section. The Commission may request the City Manager to direct appropriate personnel of the city to assist in the conduct of an investigation. If, upon completion of the investigation of an alleged violation, the investigator determines that there may be probable cause to believe that such a violation has occurred, he may refer his findings in writing to the City Attorney for appropriate action. Copies of investigation reports shall be provided to the Commission. (b) Pinnesota Statutes, Chapter 363 is adopted by reference and made a part of this section as is fully set forth herein. (c) Violation of this section is a misdemeanor. (Bill 1974-22) 11/12/74 ~ ';~, CROSS REFERENCE: See Minn. Stats. Chap. 363 for I the "rinnesota State Act Against Discrimination:. 12.24 JOINT. POLICE AND FIRE CIVIL SERVICE COr]14ISSION. Subdivision 1. Single Commission Created. The police civil service commission and the fire civil service commission of the city are combined to form a single commission. Subd. 2. Duties. Such single commission shall serve as both police civil service commission and firemen's civil service commission for the city. Subd. 3. Membership. The joint commission shall consist of three members appointed in the same manner, for the same terms, and with the same qualifi- cations as a police civil service commission under Minnesota Statutes, Section 419.01 to 419.18. To accomplish a transition., however, all members of the two former commissions who terms have not expired are members of the joint com- mission and shall continue to serve as members of the joint commission for the remainder of the terms for which they were originally appointed, Terms of commissioners shall be for three years commencing on February 1 of the year of appointment. One term shall commence in 1974 and one in each year there- after. The commission shall have four members until February 1, 1974 and three members thereafter. (Bill 1973-8) 4/23/73 ORDINANCE CODE ~._ 4/23/73 284 CITY OF RICHFIELD, MINNESOTA ~`,6 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 164 Agenda May 26, 1981 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Noise Ordinance On April 27, 1981, the city council gave first reading approval to an ordinance intended to protect the citizens of Richfield and persons employed in the city from excessive noise which could jeopardize their health and welfare and generally lower the quality of life in the community. The council set May 26, 1981 as the public hearing date and the date for second i:eading consideration of this noise control ordinance. It is recommended that the city council conduct a public hearing on the proposed ordinance, review the attached ordinance and make any additions, corrections or changes which may be necessary, and give second reading approval to the ordinance and order its publication. Respectfully submitted, k, ,~..,~ ~`::~G~C..~,~~ Karl Nollenberger City Manager cc: Director Administrative Services Director Community Development Direcotr Community Services Director Public Safety ~~ LEGAL NOTICE BILL 1981-9 ' ~ AN ORDINANCE RELATING TO NOISE AND NOISE GENERATING ACTIVITIES, AMENDING CHAPTER X, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD BY ADDING A NEW SECTION THERETO AND REPEALING CERTAIN PROVISIONS OF CHAPTERS V, VI, IX AND X OF THE CODE City of Richfield Ordains: A. Chapter X, Part I of the Ordinance Code of the City of Richfield defining and regulating certain nuisances is hereby amended by adding thereto the following new section providing as follows: "10.04 Noise Control and Re ulation". Subdivision 1. Definitions. As used in this section, the following terms shall have the meanings given herein: (1) "L10 Level" means the noise level, expressed in dBA, which is exceeded ten percent of the time for a one hour survey as measured by test procedures formulated by the city's Depart- ment of Public Safety. (2) "Motor Vehicle" means (1) any self-propelled vehicle not operated exclusively upon railroad tracks, (2) any vehicle propelled or drawn by any self-propelled vehicle, and (3) ve- hicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires not operated upon rails. The term does not include snowmobiles. (3) "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis, skids or runners. (4) "Daytime" means that part of each calendar day between the hours of 7:00 a.m. and 10:00 p.m. (5) "Nighttime" means that part of each calendar day between the hours of midnight and 7:00 a.m. and between 10:00 p.m. and midnight. Subd. 2. Adoption of Re ulations by Reference. The fol- lowing regulations are hereby adopted by reference: Minnesota Pollution Control Agency, Noise Pollution Control Section, 6 MCAR §4.2004 and NPC 1. Copies of the regulations hereby adopted shall be kept on file in the office of the city clerk and in the Department of Public Safety, for public inspection during normal business hours. Subd. 3. Receiving Land Use Standards. (1) Maximum No person shall source of noise exceeding the lin category specifie the receiving use Noise Levels by Receiving Land Use District. operate or cause to be operated or permit any in such a manner as to create a noise level sits set in Table I for the receiving land use d therein when measured at the property line of which is closest to the source. Table I L10 Noise Limits by Receiving Zoning Districts Zoning Districts Daytime Nighttime Industrial (I) 70 dBA 70 .dBA General Commercial (C-2) 65 dBA 65 dBA Neighborhood Commercial (C-2) 60 dBA 60 dBA Residential (R, MR) 60 dBA 50 dBA (2) Exceptions. The noise limits prescribed in paragraph (1) of this subdivision shall not apply to the following: ' (a) Noises originating from public streets and alleys. (b) Construction activities described in paragraph (2) of subdivision 4 of this section. (c) Situations in which public health and safety require that immediate work be done on any property the performance of which exceeds the sound levels permitted for that time of day or for that day. (d) Situations in which the purpose of the sound is to alert persons to an emergency or for the purpose of testing any alarm system. (3) Scope of Exce tions. Activities included within the exceptions listed in the foregoing paragraph (2) are subject to the other limitations contained in this section. Subd. 4. Additional Specific Restrictions. In addition to the regulations contained in subdivision 3 of this section, and not in limitation thereof, the following specific restrictions shall also apply throughout the city: (1) Outdoor Implements. No person shall operate any out- door power implement, including but not limited to lawn mowers, snowblowers, hedge clippers, chain saws or other power implements designed primarily for outdoor use, at any time other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdavs and All such implements shall be effectively muffled so as 2 to prevent the emission of loud and explosive noises or noise exceeding the limits specified in Table I. (2) Construction Activities. Construction activity involving the use of power equipment which does not generate a sound level in excess of 85 dBA, measured 50 feet beyond the property line of the source, may be operated in all zones between the hours of 7:00 a.m. and 10:00 p.m. daily. All other construc- tion activity may be carried out only between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m. on Saturdays. (3) Air Circulation Devices. No person shall permanently install or place any sound emitting air circulation device or other mechanical equipment, except a window air conditioning unit, in any outdoor location without first obtaining a permit for such installation. The sound level produced by any window unit and by any existing air circulating or mechanical device shall be attenuated in the manner required by the Public Safety Department. Such requirements may include, but are not limited to, relocation of the device if the noise results or contributes to sound levels in excess of those specified in Table I. (4) Motor Vehicles. (a) No person shall operate a motor vehicle or combination of vehicles in such a manner as to exceed the noise limits con- tained in Pollution Control Agency Rules, 6 MCAR 4.2004. (b) No person shall operate or permit the operation of any motor vehicle or any auxillary equipment attached to such vehicle, for a period of more than 10 minutes in any hour while such vehicle is stationary, for reasons other than congested traffic, on either (a) public right of way or (b) other public property within 150 feet of any residential zone at any time between the hours of 10:00 p.m. of one day and 8:00 a.m. of the following day. (c) No person shall operate any motor vehicle in s~ach a condition of disrepair as to create loud or unnecessary grating, grinding, rattling or other noise. (d) No person shall create any loud and excessive noise in connection with the unloading or unpacking of any vehicle. (e) No person shall permit the discharge into the open air of emissions from an internal combustion engine except through a muffler or other device which will effectively prevent loud or explosive noises issuing therefrom. (5) Keeping of Animals. The keeping of a dog, cat or other animal which, by reason of noise caused by it or by its presence, annoys other persons who are in the neighborhood is a public nuisance and is unlawful. Upon the receipt of a written com- 3 plaint of such annoyance by the occupants of two or more neigh- boring properties, the city shall notify the owner of such animal that the nuisance must be abated within 48 hours. Failure to obey such notice is a violation of this section. (6) Refuse Hauling and Snow Plowin The operation of vehicles used for the hauling of refuse or for snow plowing on private property shall be limited in residential districts, and within 50 feet of such districts, to the period between 7:00 a.m. and 10:00 p.m. on weekdays. (7) Horns and Signaling Devices. The following uses of horns or other signaling devices are unlawful: (a) The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle and upon any locomotive, except as a danger warning. (b) The creation by means of any such signaling device of any unreasonably loud or harsh sound. (c) The sounding of any such device for an unnecessary and unreasonable period of time. • (8) Radios, Phonographs, Paging Systems - Except Advertisin . No person shall use or operate or permit the use or operation of any radio receiver, musical instrument, phonograph, paging system, machine or other device for the production or reproduc- tion of loud sounds so as to disturb the peace, quiet and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device at any time between the hours of 10:00 p.m. of any day and 7:00 a.m. of the next day in such a manner as to be distinctly audible at the property line of the structure or building in which it is located, in the hallway or apartment unit adjacent if located in an apartment unit, or at a distance of 50 feet if the source is located outside a structure or building, shall constitute such a disturbance. The regula- tions contained in this paragraph are not applicable to licensed sound trucks and other similar advertising activities. (9) Radios, Phonographs, Pa ing Systems - Commercial Adver- tising. No person shall use or operate or permit the use or operation of any- radio receiver, musical instrument, phonograph, paging system or other device for the production or reproduction of sound on any street or other public place, or audible at any such location, for the purpose of commercial advertising or attracting the attention of the public to any commercial estab- lishment or vehicle unless a license is first obtained pursuant to section 6.14 of this code. (10) Noise Near Schools, Churches and Health Care Institutions. No person shall willfully create any excessive noise on any street, alley or public grounds adjacent to any educational, religious or health care institution when the noise unreasonably 4 interferes with the conduct of the activities of the institution or disturbs or unduly annoys its occupants or residents. (11) Hawking and Peddling. No hawker, peddler or vendor shall make any noise on any public street, whether by yelling, shouting or otherwise, which disturbs the peace and quiet of the residents of the neighborhood. (12) Snowmobiles. The use or operation of a snowmobile within the city is prohibited. This prohibition shall not apply to. (a) The loading and unloading of a snowmobile from any truck, trailer or other vehicle used for transportation thereof. (b) The use of a snowmobile for rescue, emergency or law enforcement purposes. (c) The use of a snowmobile for maintenance of public property. (13) Participation in Noisy Gatherings. At any time between the hour of 10:00 p.m. of any day and 7:00 a:m. of the following day no person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of suffi- cient volume to disturb the peace, quiet or repose of persons residing in any multiple residential or residential area. No person shall visit or remain within any residence or place where such party or gathering is taking place, except persons who have gone there for the sole purpose of abating the disturbance. Subd. 5. Additional Restrictions. Notwithstanding any other provision of this section it is unlawful for any person to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. Subd. 6. Administration and Enforcement. (1) Responsible Official. The City Manager (the "Manager"), acting personally or through his or her designee, shall adminis- ter and enforce the noise control regulations contained in this section. (2) Testing Procedures. The Manager shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of this section. (3) Noise Variances. (a) Authority. The City Council and Manager shall have authority, consistent with this paragraph (3), to grant variances from the requirements of any provision of this section. 5 (b) Application. A person seeking a variance shall file an application with the Manager on forms prescribed by the Manager. The application shall state the dates during which the variance is proposed, the location of the noise source, the time of oper- ation of the noise source, the nature of the noise source, the reasons why the variance is sought, the steps which will be taken to minimize the noise level and such other information as is required by the Manager. (c) Action on Application. If the requested variance is to last for a period of fifteen days or less, the City Manager may either grant or deny the request. Before granting or denying the request, the City Manager may require the applicant to notify property owners within 500 feet of the noise source that the application has been made. Any person claiming to be adversely affected by the granting of the variance may be given an oppor- tunity to file a statement in opposition to the granting of the variance stating the reasons for such opposition. The Manager may, in his or her discretion, conduct an informal hearing at which the applicant and all persons filing statements in opposi- tion to the variance are given an opportunity to be heard. The Manager shall thereafter either grant or deny the variance request. If the requested variance would last for a period of more than fifteen days, it shall be granted or denied by the City Council after hearing. Upon receipt of an application for such a vari- ance, the Manager shall give mailed notice of the council hearing to all property owners within 500 feet of the noise source. At the hearing the applicant and all persons claiming to be affected by the variance request may be heard. No variance may be granted by either the City Council or the Manager unless it is found that full compliance with the ordinance would constitute an unreasonable hardship on the appli- cant, which hardship outweighs any serious adverse impact upon the health, safety or welfare of the public. In granting a variance, the city council or the manager, as the case may be, may attach conditions including sound levels, duration, hours, design and termination of the variance. The Manager shall have power to grant temporary variances pending action by the City Council on an application for a variance. (d) Appeals. Any person whose interests are affected by the granting or denial of a variance, or any condition imposed thereon, may appeal the Manager's decision to the City Council. Such an appeal can be initiated by filing a notice of appeal with the City Clerk within twenty days of the date of the Manager's decision. The appeal shall be heard by the Council as soon thereafter as practicable. In considering the appeal, the Council shall hear all relevant evidence bearing upon the granting or denial of the variance or any conditions to be imposed. 6 The Council shall have thirty days following the close of any hearing on a variance to either grant or deny the variance . I f granted, the variance may be subject to any conditions which the Council shall in its discretion impose. (4) Evaluation of City Bids. The City may consider the sound levels of equipment which bidders propose to supply to the city, in evaluating which equip- ment represents the lowest responsible bid. B. The following provisions of the Ordinance Code of the City of Richfield are hereby repealed: 1. Section 5.37 entitled "SNOWMOBILES." 2. Subdivision 11 of section 6.06 entitled "AIR POLLUTION AND GARBAGE AND REFUSE HAULING REGULATIONS." 3. Subdivision 6, paragraph (2) of section 6.16 entitled "REGULATION OF WAGON PEDDLERS." 4. .Subdivision 3, paragraph (3) and Subdivision 4 of section 9'.04 entitled "TRAFFIC CONTROL REGULATION FOR MOTOR BICYCLES" . 5. Subdivision 4, paragraph (5) of section 10.01 entitled "PUBLIC NUISANCES." 6. Section 10.22 entitled "WILLFUL DISTURBANCE OF ANY LAWFUL ASSEMBLY OR MEETING OR THE PEACE AND QUIET OF ANY FAMILY OR NEIGHBORHOOD." Passed by the City Council of the City of Richfield, Minnesota this day of 1981. Donald Priebe, Mayor ATTEST: Sylvia Bergh, City Cler 7 a