02-23-81 agenda~ /D
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 65
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Lyndale Garden Center Final Plat and Plan
There is an item on the February 23, 1981 city council
_ agenda for council approval of the Lyndale Garden Center final
plat and plan. The necessary information from Lyndale Garden
Center has not yet been received by the city staff. Therefore,
this information will be presented to the council at the meeting
on February 23, 1981.
Re pectfnully submitted,
,~ J V ~ 1,
Karl Nollenberger
City Manager
KN/ ej a
cc: Community Development Director
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 65A
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Request for Approval of Final..Development
Plan and Off-Street Parking Permit, Lyndale
Garden Center
History
In January, 1980, the city council approved a planned unit
development plan, rezoning, and preliminary plat for improvements
to be made to the Lyndale Garden Center, located at 6412 Lyndale
Avenue.
In December, 1980, the existing garden center structure was
destroyed by fire. Owners of the property have since developed
plans to construct a new building on the site. On January 26,
1981, the city council approved a planned unit development plan
and a special use permit for this new construction. The property
owners are now requesting that the city council approve a final
development plan and an off-street parking permit, as the final
actions necessary to implement the proposed improvements.
Zoning and -Other Ordinance Requirements
1. Section 3.34A, subdivision 5 of the zoning ordinance re-
quires that, prior to commencement of any construction or develop-
ment of the land, and after rezoning, an applicant shall submit a
final development plan, consistent with the council approved PUD
plan, and an application for a special use permit for said devel-
opment, A special use permit which conforms with the final develop-
ment plan must be obtained before the PUD district can be devoted
to the uses provided in such plan. For the Lyndale Garden Center
project, the city council has already approved a special use permit
and the issuance of footing and foundation permits.
2. Section 3.34A, subdivision 7 requires that the develop-
ment must be in substantial compliance with the approved PUD plan,
final development plan and any conditions imposed by the city
council. Compliance shall not be considered substantial if there
is:
Council Letter No. 65A -2- February `l3, 1981
A. More than a ten percent change in floor area in any
one structure
B. More than a ten percent change in the original
approved separation of buildings
C. Any change in the original approved setbacks from
property lines
D. More than a five percent change in the ground area
covered by the building, or
E. Any change in the ratio of off-street parking and loading
space to gross floor area in the building.
3. Section 4.05 requires that an off-street parking permit
must be obtained for parking areas in commercial zoning districts.
This section also establishes standards with which parking areas
must comply.
Staff Findings
The staff has reviewed the final development plan and found the
following:
1. That the proposed final development is not in substantial
compliance with the PUD plan previously approved by the
city council. The loading=area has been shifted from the
north side of the building to the west side. The space
occupied in the preliminary plans by the loading dock
and driveway has been filled in, resulting in an addi-
tional 1000 square feet of building floor area.. No addi-
tional parking has been added, however, so the ratio of
off-street parking to gross floor area of the building
is lower than in the preliminary plans, which already
had inadequate parking.
An additional five parking stalls would need to be added
to maintain the same ratio of parking area to building.
The staff feels that the new location of the loading dock
is an improvement in the appearance of the developed site,
since the loading dock will now be better hidden from
public view.
2. That the stipulations which the council attached to
approval of the PUD plan will be addressed as follows:
(a) That all site lighting, landscaping, and signing
conform to city standards:
The plan indicates that all site lighting and landscaping
will conform to city standards, but the final design of
these items has not yet been submitted to verify this.
Sign plans have not yet been submitted.
Council Letter No. 65A -3- February 23, 1981
(b) That a turn-around be provided on Aldrich Avenue
Avenue where is deadends at the Lyndale Garden Center
proposed new north property line
The plans indicate that such a turn around will be provided
(c) That the exterior of the print shop be remodeled to
match the other buildings on the site
The preliminary plans indicate that the print shop will
be remodeled to match the other buildings on the site. Final
detail plans have not yet been submitted
(d) That the masonry to be used on the building have in-
tegral color and conform to the Urban Design Guidelines
The masonry to be used will be a rock--face block with an
integral tan color. A matching mortar will be used.. The
block will not look like standard concrete block and, in
the opinion of the s-tuff, will conform to the Urban Design
Guidelines
(e) That there be~rovision for other than surface drainage
from the greenhouse fronting on Lyndale Avenue
The drainage indicated in the PUD plan was surface drainage
to catch basins on Lyndale Avenue. The final development
plan indicates that two catch basins will be constructed in
front of the greenhouses to handle drainage. The site will
be pitched so that the water will drain to the catch basins
(f) That a 20 percent erformance bond be posted to ensure
completion of the project within the timeframe established b
the developer
The city will have sufficient assurance that the project will
be completed within the timeframe established by the develop-
er. The city will have a lien on the property rather than a
20 percent performance bond, however. This will ensure com-
pletion, but will not tie ug the property owner's capital
which will be needed to finance completion of the building
(g) That footingand foundation permits be issued prior to
city approval of the final development plan
These permits have been issued
(h) That decorative architectural picket fencing (other than
chain link) be provided in front of the building; the final
design of such fencing shall be approved by city staff
No detail drawings have been submitted to determine if this
stipulation has been met
Council Letter No. 65A -4- February 23, 1981
(i) That the building be designed in accordance with
"Scheme B" as presented to the city council. This alternative
indicates that a four foot wide wood .facia will be provided
along the front to soften the appearance of the greenhouse:
The plans indicate that this scheme will be used.
3. That the development will not meet the following off-
street parking standards:
(a) 18-foot and 19-foot deep parking stalls; instead of
the required 20-foot deep stalls, are indicated;
(b) 22 and 23-foot wide parking aisles, instead of the
required 24-foot aisles, are proposed;
(c) The parking area has a 10-foot setback from the adjacent
residential property, instead of the required 15 feet;
(d) Sufficient screening of the parking area will be
provided.
It is the opinion of the staff that these departures from
city off-street parking guidelines will not result in conditions
which will be detrimental to the general public welfare. The de-
viations from the guidelines are necessary to maximize the number
of parking spaces available, and the dimensions provided should be
sufficient, due to the trend toward smaller cars. The parking lot
design is unchanged from that approved by the council as part of
the PUD plan.
4. That a final plat has not been submitted for city council
approval.
Staff Recommendations
Based on the foregoing review of this application, it is
recommended that the city council take the following actions:
1. Approve the final development plan subject to the
following stipulations:
(a) That the final design details of all signs,
landscaping, fencing, exterior lighting, and
renovation of the printshop building be approved
by the city staff;
(b) That five additional parking spaces be provided,
to maintain the same ratio of off-street parking
to gross building floor area as was shown in the
PUD plan
Council Letter No. 65A -5- February 23, 1981
(c) That a final plat be submitted for council approval
by December 15, 1981
2. Approve the off-street parking layout and authorize the
city manager to execute an off-street parking agreement by passing
the attached resolution, and waive the off-street parking bond re-
quirement since the city already has a lien on the property and is
adequately protected.
Resp ct~f/ully submitted,
IV a
Karl Nollenberger
City Manager
KN/_ej a
RESOLUTION NO.
RESOLUTION APPROVING LAYOUT AND CONTRACT FOR
OFF-STREET PARKING IN ACCORDANCE WITH
APPLICATION NO. 81-1, CONTRACT NO. 2331
Name: Lyndale Garden Center
Address: 6412 Lyndale Avenue
Richfield, MN 55423
Location: 6412 Lyndale Ave.
Use: Garden Center
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. That the proposed geometric layout of the off-street parking
as contained in Off-street Parking Application No. 81-1, Contract
No. 2331 is hereby approved subject to and upon completion of
performance of the contract for such off-street parking as
hereinafter authorized.
2. That the proposed off-street parking contract for the
improvement of said off-street parking, bearing contract No. 2331 be
placed on file and that the manager be authorized to sign said
contract and the clerk be authorized to seal the same for and on
behalf of this city.
3. That the performance bond requirement be waived. Performance
will be guaranteed through a developer's agreement and lien arrangement
as part of the redevelopment process.
4. That responsibility for the proper upkeep and maintenance of
said Off-Street Parking lot shall remain the responsibility of the
off-street parking lot operator in accordance with Ordinance Code 4.05.
Adopted by the city council of the City of Richfield this 23rd
day of February, 1981.
Donald J. Priebe Mayor
ATTEST:
Sylvia IC. Bergh, City Clerk
.~ irk
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 65
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Dates of Hearing for Renewal of On-
Sale Wine Licenses
The municipal code requires that the city council set
the date for a hearing on applications for renewal of on-sale
wine licenses. Notice of any hearing dates must be published
in the official newspaper at least ten days in advance of such
a hearing.
It is recommended that a public hearing be scheduled
for the March 9, 1981 city council meeting to consider the
renewal of on-sale wine licenses for Millers Fireside Pizza
and for Shakey's Pizza.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
cc: City Clerk
~~
CITY OF RICHFIELD, MINNESOTA
' Office of City Manager
Council Letter No. 64
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Niembers:
Subject: Appointments to the Human Rights Commission
and the Energy Awareness Commission
There is currently a vacancy for a youth member on the
Richfield Human Rights Commission for a one year term which
would expire in the spring of 1982. Attached to this council
letter are applications from Dawn Nilsen and Linda Fjelde.
The Energy Awareness Commission is interested in expanding
its membership, and attached to this council letter is an
application from Emil Shipka who has expressed a desire to be
appointed to this commission.
These appointments have been placed on the February 23,
1981 city council agenda for council action.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/ej a
ti
n
Date ~..~~~~ . ~ . ~~,~
APPLICATION FOR CIT'f OF RICHFIELD
ADVISORY COMMITTEE OR COMMISSION APPOINTMENT
Last :First ~ h~iidule
HOME ADDRESS ~, ~~ .~ % / YC~~'~C~n ri~i~~.5~, ~~t( ~I ~ r~'C~ ~..~ Sal .~3
Street No. City Zip Ccde
MAILING ADDRESS (if different from home address)
Sct sti1 ~
Street No. City Zip Cede
PHONE: Home ~~~-~~/I J Business .~~~-~/~/y ~~~ch~.,~zld CIO%~oi:~~rst~,
APPOINTMENT PREFERENCE;
Planning Commission
Park and Recreation Advisory Comm.
Senior Citizen & Handicapped
Advisory Commission
Briefly discuss aspects of your experience which you believe qualify you for this
municipal commission/committee and why ;you are interested in serving:
Human Rights Commission~_
Civil Service Commission
Advisory Board of Health
Other
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Address -~~ ~~/ ~~~~f~ ~ ~~ . ~,%n.e~n~~~~ ~~ ~~ ~~-~~c,
Other work exeerier,ce (optionaii
REFERE'`d ES (Oational)
A.
- Fu11 name
Mailing ad tress
B.
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Full name Ra1~:*_io;:s:~a
Maili;,g address Phone r.~~^~er
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Riche:eld 55-123
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Date l / !'~ /~ ~i~ ~~ ~~~ r ~~~
APPLICATION FOR CITY OF RICHFIELD
ADVISORY COMMITTEE OR COMMISSION APPOINTMENT
NAME ~~~ ~~ j t~~ /~ ~=rt~> l L:
Last :First - Nlicdle
HOME ADDRESS ~~ ~~ ~f ~~ ~.../ r1 l~/1 >°~ ~~~%~~; /~G/r~~l_/-'L,U js ~~
Street No. City Zip Ccde
MAILING ADDRESS (if different from home address)
Street No. Q / City ~ {~ Zip Cede
PHONE: Home y ~C1 f ~~ ~ ~ Business ~l:J ~ ' 0
APPOINTMENT PREFERENCE:
Planning Commission Human Rights Commission
Park and Recreation Advisory Comm. Civil Service Commission:
Senior Citizen & Handicapped Advisory Board of Health
Advisory Commission Other ~-~,! ~~ ~ G ~/
Briefly discuss aspects of your experience :vhich you believe qualify you for this
municipal commission/committee and why ;you are interested in serving:
CIVIC, PROFESSIONAL AND COMMU~IITYACTIVITIES:
OCCUPATION: ,~_ ' ~ ~ f (. ~
Employing ,firm, agency ~~`~ t ~~ ~( ,_ f ~,,t -~ i~ ~ . ~~,~,:~, ~~ °>
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REFERENCES (Optional)
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Full name Relationship
Mailing address Phone number
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Mailing address Phone number
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Full name
Relationship
Mailing address Phone number
Return to; City Manager's Office
6700 Portland Avenue
Richfield 55423
~9
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 64
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Federal Legislation Position Statements
There is an item on the February 23, 1981 city council
agenda providing for city council review and discussion of
policies and issues related to legislation which is likely to be
before the federal legislature in its present session.
Attached to this council letter is a brief summary of some
of these legislative issues, their impact on Richfield, and
a recommended policy stand which the city council might wish
to adopt for transmittal to our federal legislators.
Respectfully submitted,
I~~l~ ~~ `~ ~C, : ,
Karl Nollenberger
City Manager
KN/ ej a
cc: Program Directors
NUMBER 1
The purpose
to prohibit
cing.
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
SUBJECT: Industrial Revenue Bonds
February 23 , 1 981
of this statement is to indicate support for legislation
abuses in the Industrial Development Revenue Bond finan-
Position of the Richfield City Council
There has been much discussion both on the state and national level
in recent years regarding the use of tax exempt industrial revenue
development bonds by municipalities to solicit and support certain
types of development within their communities. The Minnesota State
Legislature in the last session, and likely again in the 1981 session,
has discussed legislation designed to prohibit abuses in the industrial
development revenue bond financing area. In addition, Congress is
addressing this issue in the 1981 session.
The use of tax exempt bonds for financing of private enterprise actions
most likely has an effect on the ultimate c ost of borrowing for gen-
eral obligation purposes of the city. We believe it is appropriate
for the legislature and all other public bodies to be concerned
about the uncontrolled use of tax exempt financing in terms of the
ultimate impact of that financing on the general cost of borrowing and
the basic debt service obligations of the public sector.
City councils authorizing industrial redevelopment bonds in Minnesota
presently do not have to make any specific set of findings relating
to the need for tax exempt financing. Similarly, it is not necessary
that city councils have a specific policy, or statement of goals and
objectives, which a potential-IDR financed project must meet before
authorizing that financing plan.
It is the position of the Richfield HRA that any legislative effort
to narrow the scope of an application of IDR bonds include the follow-
ing features:
A. Require city councils, via legislative action, to make
a set of findings prior to authorization to issue
industrial development revenue bonds.
B. Require that those findings conform with some broad
previously established, standard of goals and object-
ives f_or the IDR financing process.
C. Require that the findings include a need for public
sector stimulation of development.
D. The findings should also address the limitations of
other financing alternatives to support said develop-
ment.
E. Any such legislative restrictions should relate only
to the use of IDR bond financing for commercial de-
velopment, and should not apply to projects in areas
classified as-industrial or located in designated re-
development areas, ~ehich would remain fully under
local control.
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 2 February 23, 1981
SUBJECT: State and Local Pension Systems
The purpose of this statement is to describe the City of Richfield's
opposition to HR6525.
Current Legislation
HR6525 has been proposed in Congress to regulate certain matters re-
lated to state and local pension systems. This proposed legislation
is known as the "Public Employees Retirement Income Security Act of
1980", or the "Employee Benefit Administration Act". Such legislation
will continue to be before Congress during its 1981 session.
Impact on City of Richfield
Richfield's municipal employees are all covered by state or, in the
case of some public safety personnel, local pension plans. The City
of Richfield supports, and gives high priority to, efforts of states
and municipalities to study their public retirement systems and take
any corrective action indicated by such studies. However, we oppose
personnel, ana tneir compensation.
The city also recommends that all ERISA requirements, such as the IRS
reporting requirement, as well as the contribution and benefit limita-
tions in Section 415A of the Internal Revenue Code, be amended by
Congress to specifically exempt states and local government retire-
ment systems.
The city opposes federal regulation of state and local pension systems
for five major reasons:
® our federal system, with its emphasis on state
• sovereignty, requires that states have full
responsibility for determining all basic com-
ponents of their employees' compensation and
that of the local employees within the state
~ the unique and diverse nature of state and local
retirement systems requires the kind of adaptation
and fine tuning that only state and local govern-
ment control and regulation can provide
a state and local governments have made signifi-
cant progress during the past few years in put-
ting their own retirement systems in order
~ there is no convincing evidence that the federal
government has any compelling "national interest"
in regulating states and local public pension
systems.
~ even mild or limited forms of federal regulations
are undesirable, given the tendency for federal
regulatory agencies and the courts to take a
friendly piece of legislation and turn it into an
unfriendly set of regulations.
.~ /
`~
RICHFIELD CITY COi1NCIL
FEDERAL LEGISLATION POSITION STATEMENT
NUMBER 3
February 23 , 1981
SUBJECT: Community Development Block Grant_
The purpose of this statement is to indicate the City of Richfield's
encouragement for continuation of the Community Development Block
Grant Program.
Current Legislation
The Community Development Block Grant program authorization runs
through 1983, with slightly increased levels of funding each year.
Since 1975, Richfield has received $1,698,000 through the Community
Development Block Grant Program.
Impact on the City of Richf field
The City of Richfield has used CDBG monies to support development of
numerous community facilities, as well as for most of our low and
moderate income housing programs. This funding source is virtually
the only federal grant program now available to help cities in general
renewal and redevelopment efforts, as well as the major source of
housing assistance for low and moderate income persons. However,
every year since the program has been implemented, changes in program
regulations have narrowed the scope of activities eligible for assist-
ance through the CDBG program. This tightening of regulations has
drastically reduced the city's ability to use CDBG funds for devel-
opment activities, as well as narrowing some of the possible uses of
these monies for housing, as well. The City of Richfield strongly
nnr~n~r~s any farther restrictions .of the Community Develot~ment Block
and encourages continuation of the "block grant"
t whereby jurisdictions can allocate CDBG funds flex-
local priorities for development and housing needs.
nv .. ..e •, ~y ... ~ ~4~Y a .1 ... .gyp-'. ~n :p..... -. ~1-f. ~ ~p.il~:;~ ~'. 9
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RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 4
,„~,,
February 23, 1981
SUBJECT: Housing Mortgage Revenue Bonds ~
,.,
The purpose of this statement is to describe the City of Rich-
field's position with regard to housing mortgage revenue bonds.
Current Legislation
Public Law 96-595 permits issuance of mortgage revenue bonds by
states and local governments if their proceeds are to be used to pur-
chase residences costing no more than 90 percent of the average purchase
price for homes in an area, or 110 percent if the homes are located in
targeted areas. This legislation limits the total bonds that may be
issued in a state each year to tYie greater of two figures: $200
million or 9 percent of the average annual amount of mortgages orig-
inated in the state. The legislation further provides that the ef-
fective interest rates on the mortages may be no more than one percent
above the yield to the purchasers of-the bonds.
The Omnibus Reconciliation Act of 1980 further restricts the use
of tax free bonds, by prohibiting their use for construction of coop-
e~atives, putting cooperatives in the same category as single family
homes, and prohibiting persons who have owned a home within the past
3 years from participating in a housing development supported by this
type of financing.
Impact on the City of Richfield
Provisions of the Omnibus Reconciliation Act of 1980 related to
cooperatives appear to have halted a major moderate income housing
development, the Lake Shore Drive Cooperative, in Richfield. This
development would provide a major, much-needed, alternative housing
type in Richfield, while potentially freeing up detached single family
homes within the city.
Proposed Changes
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 5 February 23, 1981
SUBJECT: Revenue Procedure 80-55
Current Status
Revenue Procedure 80-55 was issued by the Internal Revenue Service in
mid-December, and will become effective as of May 31, 1981. This pro-
cedure will prohibit a bank from deducting its cost of paying interest
on time deposits it holds for states and local governments, if tax
exempt bond issues were used to secure those deposits. The impact of
this is that state and local governments will likely earn less interest
on their deposits, and will have to pay higher interest rates on the
bonds they sell.
Impact on the City of Richfield
Most of the City of Richfield's assets are invested in variable time
deposits. At any given time, the city has an investment portfolio of
approximately $13 million. In 1979, investment earnings on this port-
folio equalled $270,000. Revenue Procedure 80-55 has the potential of
severely curtailing these investment earnings. Banking officials have
stated that cities can expect to see fewer banks competing for time
deposit business, and they will offer interest rates at least one per-
cent, and up to five percent lower than present rates. The National
League of Cities reports that Rochester, New York recently negotiated
a-time deposit with an interest rate of five percentage points lower
than could have been obtained before IRS announced its ruling.
Cities might see another, long-term effect of the IRS action when they
sell bonds. Banks are the major buyers of tax exempt securities of
state and local governments, holding more than 45 percent of all state
and local debt. Thirty-three states require banks to secure public
deposits with pledges of tax exempt obligations. Without the deduction,
financial institutions will have a lower interest in buying the tax
exempt securities commonly used to back public deposits, thus reducing
activity in the municipal bond market and driving up interest rates.
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 6 February 23, 1981
SUBJECT: Cable Television
The purpose of this statement is to describe the City of Richfield's
position with regard to cable television regulation.
Current Legislation
Current federal legislation authorizes states and localities to regulate
rates and public access. However, legislation to deregulate cable tele-
s
Impact on the City of Richfield
The Richfield City Council, in late 1980, awarded a franchise to pro-
vide cable television services to Richfield residents. The franchise
agreement that Richfield has established provides that the city has
regulatory authority over both the service quality and rates of the
cable provider. The City of Richfield is of the strong opinion that
local control of the services and rates should be retained.
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 7
SUBJECT: Proposed Federal Budget
The purpose
endorsement
it affects
February 23, 1981
of this statement is to indicate the City of Richfield's
of President Reagen's proposed federal budget insofar as
programs of interest to the city.
Current Proposal
Despite considerable reductions proposed in various components of
the federal budget, the community development block grant, general
revenue sharing, and Section 8 leased housing assistance program,
have been retained in President Reagen's budget at essentially the
current level of funding.
Impact on the Cit of Richfield
The City of Richfield has used general revenue sharing and community
development block grant money to support development of numerous
community facilities since funding began through these programs in
the mid-1970's. Because these programs are "block grants", the city
has been able to channel these federal funds into programs specifically
defined by our-own local needs and priorities, unlike most federal
funding assistance, which is available only for narrowly defined,
special purpose programs.
The Section 8 leased housing program, administered by the Richfield.
Housing and Redevelopment Authority, provides rental assistance to
low income persons. Because of the limited types of housing avail-
able within Richfield, many persons of low income, or large families
who rent rather than own their housing, are excluded from residency
in the community without some type of help. The Section 8 program
has provided that assistance to open the housing market in Richfield
to persons who otherwise could likely not live here.
The City of Richfield strongly endorses the President's recommendation
to retain the programs described herein at the current, or expanded,
level of funding.
RICHFIELD CITY COUNCIL
FEDERAL LEGISLATIVE POSITION STATEMENT
NUMBER 8 February 23, 1981
SUBJECT: Fiscal Notes
The purpose of this statement is to indicate the City of Richfield's
support for enactment of a Fiscal Note requirement for federal leg-
islation.
Current Legislation
Where is presently no requirement that the Congress consider the
impact of legislation they enact on state and local governments.
The fiscal note process would require that each bill in Congress
include an estimate of its cost to state and local governments.
Such legislation has been before the Congress for several years,
although it has not yet been enacted. The City of Richf field strong-
ly supports development of a fiscal note process, which would enable
our legislators to measure the impact on the city and state before
enacting any bills.
~ Z
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 62
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Presentation of Human Rights Commission Annual
"Gene Jacobsen Citizen of the Year" Award
For the past nine years, the Richfield Human Rights
Commission has selected asp"Citizen of the Year", a resident
of Richfield who has demonstrated an awareness of, and commit-
ment to, the attitudes and practices that foster human under-
standing, tolerance, and the spirit of human relations in this
community.
The commission recently renamed the Citizen of the Year
to the "Gene Jacobsen Citizen of the Year". This year's select-
ion is Margaret S. Meter, 7415 Humboldt Avenue. Ms. Meter is a
long term resident of Richfield who for many years has been
active in local city and school board activities as well as
the Hennepin County Mental Health Association, voters regis-
tration and civil rights. Attached for the in formation of the
council is a list of Ms. Meter's.~accomplishments.
The Human Rights Commission Chairman, Steve Soucy, will be
present at the February 23, 1981 city council meeting to present
this award. Ms. Mary Jacobsen, widow of Gene Jacobsen, will
also be present at this award ceremony.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/ej a
~~
„W.~,,.n,e.~.ra.sM•.r-. w-.ws-:,~caw+~r- •-aw~ar•Y.{- -
A,.,,.. ..,fq„q...~, ._ . .... _
MARGARET S. METER
Recipient
1980 "Gene Jacobsen Citizen of the Year" Award
1. Worked quietly and persistently behind the scenes,
telephoning persons to become involved in:
Activities of the community schools
Activities of the city
Voters Registration
2. Always been available for persons who need a friend to
talk to.
• 3. Active .in her church social action committee
4. Active in civil rights
5. Board Member Hennepin County Mental Health Association
6. Steering committee for Normandale Junior College Women's
Resource Center
~~
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 61
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Presentation of Certificates of Apprec-
iation to Former City Commission Members
• There is an item scheduled on the February 23, 1981
city council agenda for presentation of certificates of appre-
ciation to former commission members by Mayor Priebe. Those
members and their commissions are as follows:
Advisory Board of Health
Helen Yates; Mildred Stake
Charter Commission
Jan Bray, Leon Brixius~ Donald Jacobso (will not be a ~e to
attend) Charles Little, Earl Maffett`~ and Thomsa Harms
Human Rights Commission
O o
Denise Margarit, JoAnn Bloomberg
Park and Recreation Advisory Commission
p / c~
Wayne Donaho, Scott Swanso~iL Lew Workman, Richard Holmberg,
Joan Carlson
Planning Commission
O c~
Gertrude Ulrich Marv Kaiser (will not be able to attend),
Steve Lindgren
Senior Citizens/Handicapped Commission
0
Rosemary McNamee, Inger Plam Muriel Grudnitz/
Respectfully submitted,
Karl Nollenberger
City Manager
KN/eja
it~:o«11~ :,s~. ~«rs~r~'wiMs~~va~ ,.+arsr~~
~' // ,l3
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 60
Agenda February 23, 1981
The Honorable Mayor -
and
Members of the City Council
City of Richfield
Council Members:
Subject: Fees and Charges
When the city council reviewed recreational fees and charges,
the staff recommendation related to the Richfield school district
high school golf team fees was not complete. That recommendation
has now been reviewed by the school district. Robert Collison,
Athletic Director, has indicated that the. school district has no
problems with the staff recommendation. The recommendation has
also been reviewed by the Park and Recreation Advisory Commission
and on February 10, 1981, the commission unanimously recommended
that the city council approve the staff recommendation.
It is recommended that the city council approve the following
fee structure for the Richfield school district high school golf
team(s):
1. That golf team players be charged the same amount as
Junior golfers and Senior Citizens (with permits),
currently $3.50 for the 18 hole regulation course
and $1.75 for the Par-3 course;
2. That these golf team rates apply only before
3:00 P.M. on weekdays;
3. That the players be allowed to purchase a large
bucket of balls ($2.00) at the price of a small
bucket of balls ($1.00), for the driving range;
4. That these rates apply only during the school season.
18 holes $3.50
9 holes $2.50
Par-3 $1.75
lRe~spectfully submitted,
Karl Nollenberger
City Manager
KN/jf
cc: Community Services Director
tt 7
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
J" Council Letter No. 59
J('~ Agenda February 23, 1981
The Honorable Mayor ~o~ ,v
and o ~
Members of the City Council M ~
City of Richfield ~ ~~°~~
Council Members:
Subject: Purchase of Adams Property
Both the HRA and the City Council have taken action support-
ing expansion of the Lyndale Garden Center. The initial action
came in March, 1979 when both bodies adopted modifications to the
LHN redevelopment plan, which identified the Adams property for
HRA purchase, in order to facilitate improvements to the Garden
Center site.
To that end, the staff has been negotiating with an attorney
for Mr. Adams on the purchase of property. The negotiations have
included two separate land areas; the "upland area" and the "low-
land area". The upland area is to be utilized by the garden center
in their development project, as approved by the city council and
the HRA. The lowland area is physically part of the Richfield
Lake lakebottom and it is desirous for the city to own and control
this area as part of the storm water retention function of Richfield
Lake. Mr. Adams has refused the offer to purchase that has been
made to him, and has given little indication of being willing to
negotiate for sale of this property.
The upland area must be made available to the garden center
by late summer, to permit installation of the parking lot on the
north side of the new structure. Because of the impasse in nego-
tiations and the limited time available, it is necessary to ini-
tiate eminent domain and quick-take proceedings against this prop-
erty, to insure that the HRA will own. it by the time necessary to
meet the garden center's schedule.
Attached to this letter is a joint agreement regarding this
matter and two resolutions. All of these documents are related to
the eminent domain proceedings. They were adopted and approved by
the HRA at their meeting on February 17, 1981.
e
Adams property at $175,000. This figure is the result of an ap-
praisal by O.J. Janski & Associates. The valuation includes two
single family expansion bungalows of approximately 1,000 square
feet each at 6335 and 6329 Aldrich Avenue, a vacant area on the
west side of Aldrich and the lake bottom. The land area totals
rY+K~• '~~~IwYN~
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Council Letter No. 59 -2- February 23, 1981
~,
approximately 141,000 square feet. The house at 6335 Aldrich
contains two bedrooms, living room, kitchen and bathroom on the
first floor. The second floor is finished. At 6329 Aldrich there
are similar living spaces with two bedrooms, living room, kitchen
and bathroom on the first floor. The second floor is finished,
and a garage is located on this parcel.
A second resolution will authorize the staff to initiate the
eminent domain proceeding and quick-take. Quick-take is a procedure
which would help assure the, availability of the property to the
developer in a timely manner. Finally, the joint agreement will
.be between the city and the HRA. Under the agreement, the interest
of both the city and HRA in the Adams property will be pursued in
one eminent domain proceeding.
The just compensation of the low land area is in the approx-
imate range of $15,-25,000.. Funds for purchase of park land space
are available in the capital improvement program in sufficient
amounts to finance this acquisition by the city.
It is recommended that the city council take the following
actions: adopt the resolution setting just compensation; adopt the
resolution authorizing the initiation of eminent domain and quick-
take proceedings; and, authorize the mayor and city manager to
execute a joint agreement with the HRA for pursuing the proceedings.
Respectfully submitted,
i
` i\~ ~~ ,~
Karl Nollenberger
City Manager
KN/jf
cc: Community Development Director
Housing and Redevelopment Specialist
City Attorney
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e RESOLUTION
PESOLUTION ESTABLISHING
JUST COMPENSATION FOR
ADAMS PROPERTY
WHEREAS, the Housing and P.edevelopment Authority (HRA) and
the City of Richfield (City) have both authorized the acquisition
by eminent domain of part of the tract of land described in
Exhibit A which is attached herewith and made a part hereof as if
fully set out at this point; and
WHEREAS, the HRA and City have further determined to proceed
jointly in one condemnation action seeking to acquire thereby the
property in which each is interested as a unified parcel; and
WHEREAS, the HRA and the City have caused appraisals of the
property described in Exhibit A to be made appraising the market
value of the real estate. Such appraisals have been fully and
carefully considered by the HRA. Such appraisals appear to have
been performed in a competent manner and in accordance with appli-
cable law;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, that the fair market value and just comp-
ensation for the lands described in Exhibit A is $175,000.
Passed by the City Council of the City of Richfield, Minnesota,
this day of February, 1981.
Donald Priebe, Niayor
ATTEST:
Sylvia Bergh, Acting City Cler}c
Exhibit A
That part of Government Lot 3, Section 28,
Township 28, Range 24, described as follows:
Beginning at a point on the east line of said
Government Lot 3 distant 1131.3 feet south
from the northeast corner of said Government
Lot 3; thence on an assumed bearing of north
along said east line a distance of 70.36 feet;
thence west at a right angle a distance of
176.5 feet to the actual point of beginning of
the tract to be described; thence north at a
right angle a distance of 16.0 feet; thence
west at a right angle a distance of approximately
183.5 feet to the southerly extension of the
east line of Block 2, "RAY'S LYNNHURST 2ND
ADDITION"; thence south along such southerly
extension to the intersection with a line
parallel with and 225.00 feet south of the
south line of Lot 4 in said Block 2; thence
west along said parallel line 128.00 feet to
the southerly extension of the east line of
the north and south alley in said Block 2;
thence north along said last described extension
to the south line of the east and west alley -
in said Block 2; thence west along the south
line of said alley and its extension a distance
of 202.00 feet; thence southwesterly to Judicial
Landmark No. 7 set pursuant to Torrens Case
No. A-2547 on the mean center dine of the bed
of Grass Lake; thence southeasterly along said
mean center line, determined in Torrens Case
No. A-2547, to a line bearing 82 degrees west
(assuming the east line of said Government Lot
3 as bearing north) from a point on the east
line of said Government Lot 3 distant 1176.30
feet south from the northeast corner of said
Government Lot 3; thence north 82 degrees East
to the intersection with a line drawn parallel
with and 176.50 feet west of the East line of
said Government Lot 3; thence North along said
parallel line to the actual point of beginninci.
1~
'~ n'r,
r~
RESOLUTION NO.
RESOLUTION AUTHORIZING THE
ACQUISITION OF ADAMS
PROPERTY BY EMINENT DOMAIN
PROCEEDINGS AND AUTHORIZING
THE E.XE.CUTION OF A JOINT
ACQUISITION AGREEMENT
WF3EREAS, the City of Richfield maintains and operates a pro-
gram of public recreation for the benefit and enjoyment of the
community; and
WHEREAS, part of that program involves the acquisition and
improvement of land for parks and open space recreation areas
within the City, such improvements being for a public purpose; and
. WHEREAS, the City of Richfield has been involved in acquiring
land lying within the lakebed of Grass Lake to be developed and
used for park and open space recreational and other public purposes;
and
WHEREAS, in order to continue in the acquisition of such land
for such public purposes, the City Council finds it necessary,
proper and expedient and in the interest of the public health,
convenience and general welfare of the citizens of the City of
Richfield, for the City to acquire fee title absolute to the
property described in Exhibit A of this resolution which is attached
herewith and made a part hereof as if fully set out at this point
for the public purposes hereinafter set forth; and
WHEREAS, it is in the public interest that title to and
possession of such property be acquired before the filing of an
award by court-appointed commissioners; and
WHEREAS, the Housing and Redevelopment Authority of Richfield
intends to acquire fee title to a part of the same tract of land
which is subject to this resolution; and
WHEREAS, it would be desirable, efficient and expeditious if
the proceeding hereinafter authorized was prosecuted jointly with
the eminent domain proceeding to be authorized by the Housing and
Redevelopment Authority; and
WHEREAS, Minnesota Statutes 1980, Section 117.016 provides
for the making of joint acquisition agreements by and between
various authorities having the right of eminent domain;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Richfield, Minnesota, as follows:
1. Commencement of eminent domain proceedings in the
name of the City of Richfield, Minnesota is
authorized for the purpose of acquiring fee simple
absolute title in the subject property for the
purpose of establishing public park, open space,
playground, recreational and nature facilities
and other public purposes. The real property to
be acquired thereby shall be the property described
in Exhibit A hereto.
2. Authorization is hereby given to seek title and
possession prior to the making of the award by the
court-appointed commissioners and as soon as may
be allowed by law.
3. The Mayor and City Nlanager are authorized, on
_ behalf of the City of Richfield, Minnesota, to
execute the joint acquisition agreement, an
unexecuted copy of which is attached herewith as
Exhibit B, and made a part hereof as if fully set
out at this point.
Passed by the City Council of the City of Richfield, Ainnesota,
this 17th day of February, 1981.
Donald Priebe, P~7ayor
ATTEST:
Sylvia Bergh, Acting City Cleric
Exhibit A
Commencing at a point on the east line of
Government Lot 3, Section 28, Township 28,
Range 24, distant 1176.30 feet from the northeast
corner of said Government Lot 3; thence south
82 degrees west 433.33 feet more or less to a
point on the shore or low water line of Grass
Lake which is the actual point of beginning of -
the parcel to be described; thence south 82
degrees west along said line and its extension
775.10 feet more or less to the mean center
line of Grass Lake determined pursuant to
Torrens Case No. A-2547; thence northwesterly
along said mean center line a distance of
79.95 feet more or less to Judicial Landmark
No. 7 set pursuant to Torrens Case No. A-2547;
thence north 66° 27' 35" east a distance of
622.40 feet more or less to a point on the
shore or low water line of Grass Lake; thence
southeasterly along said shore or low water
line of Grass Lake to the actual point of
beginning.
Exhibit B
AG REE:QENT
THIS AGREEMENT made this day of I'ebruary, 1981, by
and between the Housing and Redevelopment Authority of Richfield,
Minnesota, a public body corporate and politic, hereinafter "HRA"
and the City of Richfield, Minnesota, a Minnesota municipal
corporation, hereinafter "City"
WHEREAS, the parties hereto have each authorized the commence-
ment of eminent domain proceedings to acquire fee title to parts
of the property legally described in Exhibit A which is attached
hereto and made a part hereof as if fully set out at this point,
and
WHEREAS, Minnesota Statutes 1980, Section 117.016 provides
for the joint acquisition of lands by authorities having the power
of eminent domain, and
PJHEREAS, the parties hereto believe such procedure would be
desirable, efficient, expeditious, and in the best interests of
the citizens of Richfield, Ainnesota;
IT IS THEREFORE AGREED AS FOLLOWS:
1. The HRA and the City may jointly prosecute, through
one eminent domain, proceeding, the acquisition of
all simple absolute title to the entire parcel
described in Exhibit A.
2. The HRA and the City shall each have that part of
the property to be jointly acquired as described
in Exhibit B hereto which is attached hereto and
made a part hereof as if fully set out at this
point.
3. The costs of acquisition and the expenses incurred
by reason of the condemnation proceeding shall be
divided between the parties on a pro-rata basis
based upon the square footage of the land acquired
by the parties after giving due regard to any
differences in utility of such lands.
4. It is the intent of the parties that for the purpose
of the eminent domain proceeding and for ascertain-
- ing damages occasioned by the taking, the lands
acquired shall be treated as one parcel.
IN TESTIP-SONY WIIEREOF, the parties hereto have made and
executed this agreement the day and year first above written.
CITY OF RICHI'IELD, MI1~i1ESOT~j
By
Its hlayor
By
Its City Manager
FIOUSING I~tiD REDEVELOPMENT
AUTfIORIT~' CF P,ICHFIELD, MINNESOTA
By
Its Chairman
By
Its Executive Director
Exhibit A
That part of Government Lot 3, Section 28,
Township 28, Range 24, described as follows:
Beginning at a point on the east line of said
Government Lot 3 distant 1131.3 feet south
from the northeast corner of said Government
Lot 3; thence on an assumed bearing of north
along said east line a distance of 70.36 feet;
thence west at a right angle a distance of
176.5 feet to the actual point~of beginning of
the tract to be described; thence north at a
right angle a distance of 16.0 feet; thence
west at a right angle a distance of approximately
183.5 feet to the southerly extension of the
east line of Block 2, "RAY'S LYNNHURST 2ND
ADDITION"; thence south along such southerly
_ extension to the intersection with a line
parallel with and 225.00 feet south of the
south line of Lot 4 in said Block 2; thence
west along said parallel line 128.00 feet to
the southerly extension of the east line of
the north and south alley in said Block 2;
thence north along said last described extension
to the south line of the east and west alley
in said Block 2; thence west along the south
line of said alley and its extension a distance
of 202.00 feet; thence southwesterly to Judicial
Landmark No. 7 set pursuant to Torrens Case
No. A-2547 on the mean center dine of the bed
of Grass Lake; thence southeasterly along said
mean center line, determined in Torrens Case
No. A-2547, to a line bearing 82 degrees west
(assuming the east line of said Government Lot
3 as bearing north) from a point on the east
line of said Government Lot 3 distant 1176.30
feet south from the northeast corner of said
Government Lot 3; thence north B2 degrees East
to the intersection with a line drawn parallel
with and 176.50 feet west of the East line of
said Government Lot 3; thence North along said
parallel line to the actual point of beginning.
f. `.
. '. ~ Exhibit B
City Tract
Commencing at a point on the east line of
Government Lot 3, Section 28, Township 28,.
Range 24, distant 1176.30 feet from the northeast
corner of said Government Lot 3; thence south
82 degrees west 433.33 feet more or less to a
point on the shore or low water line of Grass
Lake which is the actual point of beginning of
the parcel to be described; thence south 82
degrees west along said line and its extension
775.10 feet more or less to the mean center
line of Grass Lake determined pursuant to
Torrens Case No. A-2547; thence northwesterly
along said mean center line a distance of
79.95 feet more or less to Judicial Landmark
No. 7 set pursuant to Torrens Case No. A-2547;
thence north 66° 27' 35" east a distance of
~~ 622.40 feet more or less to a point on the
shore or low water line of Grass Lake; thence
southeasterly along said shore or low water
line of Grass Lake to the actual point of
beginning.
HRA Trar.t
Beginning at a point on the east line of Govern-
ment Lot 3, Section 28, Township 28, Range 24,
distant 1176.30 feet south of the northeast corner
of said Government Lot 3; thence north on an
assumed bearing of north along said east line of
said Government Lot 3 a distance of 115.36
feet; thence west at a right angle a distance
of 176.5 feet to the actual point of beginning
of the tract to be described; thence north at
a right angle a distance of 16.00 feet; thence
west at a right angle a distance of 183.5 feet
to the southerly extension of the east line of
Block 2, "RZ1Y'S LYNNHURST 2ND ADDITION";
thence south along said southerly extension to
the intersection with a line drawn parallel
with and 225.0 feet south of the south line of
Lot 4 in said Block 2; thence west along said
parallel line, 128.0 feet to the southerly
extension of the east line of the north and
south alley in said Block 2; thence north
along said last described extension to the
south line of the east and west alley in said
Block 2; thence west along the south line of
said ally and its extension a distance of
202.0 foot more or less to thc~ shore or low
water line of Grass Lake; thence southeasterly
along said shore or low water line of Grass
Lake to the intersection with a line bearing
82 degrees west (assuming the east line of
said Government Lot 3 as bearing north) from
the point of beginning; thence northeasterly
along said last described line to the inter-
section with a line drawn parallel with and
176.50 feet west of the east line of said
Government Lot 3; thence north along said line
t~l t}1!~ aC't'113~ '.7n111t' C7f hPC7l11n11'1C7.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 58
_~ Agenda February 23, 1981
~'~ ~ ~`~
The Honorable Mayor C~ ~ ~
and Q \~ ~~~
Members of the City Council J
City of Richfield
~~ ~
Council Members: (~
~•
Subject: Services Contract with Orr-Schelen-Mayeron
Associates; Ordering Preliminary Report on
Lyndale Avenue, 67th Street to I-494
Permanent Street Improvement Project
e-
went projects, including the water, storm sewer, sanitary sewer and
permanent street improvement projects. OSM continues to be actively
involved in present projects, including the alley improvement proj-
ect, the sidewalk project, ice arena improvement project, and the
Lyndale Avenue project in the LHN Redevelopment Area. They provide
not only the technical engineering expertise required, but also
provide an historical perspective on major improvement issues, ob-
tained through their long association with the city.
~'• In order to better assess OSM's services and estimate engineer-
ing costs, OSM has submitted a "boilerplate" contract (copy attached)
The contract outlines the sc ope of services and specifies a fee
schedule. The contract does not authorize any work or expenditures.
Under this contract, a lette r of authorization will be required
from the city manager to eng age OSM's services on any particular
project. This letter would normally be generated when the city
council orders a project or a preliminary engineering report which
requires OSM's expertise. I t is the recommendation of the staff
that the council approve the attached contract with OSM.
The Lyndale Avenue, 67t h Street to I-494 street improvement
,project is included in the C apital Improvement program for con-
struction in 1982. The prel iminary engineering work for the project
is included in the 1981 Capi tal Improvement Budget. Because the
project is on a high traffic volume street, includes the traffic
signals at 76th Street, and may require development of an Environ-
mental Impact statement, OSM 's services will be required. The staff
recommends that the council adopt the attached resolution, which
orders preparation of the pr eliminary engineering report for the
Lyndale Avenue project. Und er the procedure outlined in the first
portion of this letter, the city manager may engage OSM, subsequent
to council approval, which i s what will be done in this case.
~~ ~ ~
Respectfully submitted,
~~
Karl Nollenberger
-City Manacfer
cc: City Engineer
Community Development Director
~~
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RESOLUTION No.
RESOLUTION ORDERING PRELIMINARY REPORT ON PROPOSED
CITY PROJECT 757, LYNDALE AVENUE, 67TH TO 494, STREET
IMPROVENIENT PROJECT
BE IT NOW RESOLVED by the City Council of the City of Richfield,
Minnesota as follows:
1. The City Council finds it appears necessary and desirable
that the City make the assessable public improvement of street and
traffic signal construction on Lyndale Avenue between the center line
of 67th Street and bridge over I-494.
2. A preliminary engineering report on such proposed
assessable public improvement is required by law in the event that
said improvement or any part thereof is specially assessed against
the benefited property within the city. The city engineer is,
therefore, authorized and directed to prepare a preliminary report
on such proposed improvement and tb submit the same to the City
Council at the earliest convenient time. .
3. Such report shall indicate the estimated cost of such
proposed improvement, shall indicate whether such proposed
improvement is feasible and whether it should best be made as
proposed or in connection with some other improvement.
4. Such proposed improvement shall hereafter be known and
designated as City Project 757.
Adopted by the City Council of the City of Richfield this
23rd day of February, 1981.
Donald J. Priebe Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
/. / `-~ ~
COi~TRACT FOR ENGINEERING CONSLLTING SERVICES
CITY OF RICHFIELD
THIS COi•~TRACT, made and entered into as of this day of
1°80, by and between the CITY OF RICHFIELD, State of
Minnesota, a municipal corporation (the City) and ORR-SCHELEN-
MAYERON & ASSOCIATES, INC., a Minnesota corporation, Minneapolis,
Minnesota 55413 (the Engineer).
t~' I T N E S S E T H:
_ YHEREAS, the City is desirous of securing professional en-
gineering services for: 1) The preparation of plans and speci-
fications and construction observation on City funded projects;
and 2) The Engineer is to act in an advisory and consulting
capacity to the City when so directed; and
F,HLREAS, Engineer is a competent and qualified engineering
firm capable of fulfilling the requirements of this Contract; and
NOW, THEP.EFORE, for and in consideration of the mutual cov-
enants a.nd conditions hereinafter contained, it is agreed by and
between the City, City Council and the Engineer as follows:
ARTICLE 1.
DEFINITIONS
1.1) Definitions - The terms and phrases specified below
have, for the purposes of this Contract, the following meanings:
(O1) Improvement Project - "Improvement Project" shall mean
those public improvement projects authorized by the City and
paid for with public funds.
(02) City Representative - "City Representative" shall mean
the City Manager, Director of Community Development or
Director of Community Services.
-1-
(03} Basic Fee - "Basic Fee" shall mean a fee equal to five
and eight-tenths percent (5.6~) of the construction cost for
Improvement Projects upon which competitive bids were taken
and where construction cost is One Million Five Hundred
Thousand Dollars {$1,500,000} or more. On Improvement Pro-
jects upon which competitive bids were taken where the con-
struction cost is Five Hundred Thousand Dollars ($500,000)
to One Million Five Hundred Housand Dollars ($1,500,000),the
"Basic Fee" shall mean a fee equal to six and one-half
percent (6.5$) of the construction cost. On Improvement
Projects where the construction cost is One Hundred Thousand
Dollars ($100,00G} to Five Hundred Thousand Dollars
($500,000) the "Basic Fee" shall mean a fee equal to seven
and one-half percent (7.5$) of the construction cost. On
Improvement Projects of less than One Hundred Thousand
Dollars ($100,000}, the "Basic Fee" shall be calculated in
the same manner as the Hourly Fee.
(04) Hourly Fee - "Hourly Fee" shall mean a fee which is
the sum of the actual Engineer hours chargeable for specific
work as calculated in accordance with the Schedule of Hourly
Rates, attached hereto as Exhibit A. In addition to the
Hourly Fee which is updated annually, the Engineer will also
be reimbursed all out-of-pocket expenses and automobile
mileage at the maximum rate allowed for City employees.
P.P.~'ICLE 2.
SCOPE OF SERVICES FOR IriPROVENiEPdT PROJECTS
2.1) Duties of Engineer - The Engineer, acting under the
written aut'r~ority of the City Representative, shall furnish
professional services in connection with the study, design and
construction of proposed Improvement Projects.
(Ol) The Engineer shall perform a field survey, investi-
gations, studies and other tasks required to prepare a
feasibility study and preliminary report for the proposed
Improvement Project. The feasibility study and preliminary
report shall contain, but not necessarily be limited to,
maps, drawings, a description of the proposed work, an es-
timate of cost and the factors that comprise that es-
timate, typical examples of proposed assessments, con-
clusions and reco;;~r~endations and such other information as
may be required for the City Council to make a decision as
to w:,ether or not to autt-;orize a public hearing on the
proposed :m;provement Project. The Engineer shall also furn-
ish the City's financial consultant, when directed, with a
copy of the feasibility study and prelir~;inary report so that
he r'~ay prepare a report on proposed methods of financing the
work.
-2-
{02) The Engineer shall furnish the City Council and staff
personnel with sufficient copies of the feasibility study
and preliminary report.
(03} The Engineer shall present the feasibility study and
preliminary report to the City Council at public Council
meetings and public hearings. A maximum of six (6) such ap-
pearances will be included in the Basic Fee. Additional ap-
pearances will be billed as an Hourly Fee.
{04} T;,e Engineer shall conduct a field survey and prepare
detailed plans and specifications upon the specific written
direction of the City Council following-the public hearing
and the City Council's determination to proceed with the
project.
(OS) The Engineer shall direct such independent consultants
as nay be required and hired by the City to perform ad-
ditional investigations, studies, soil testing, rock sound-
ing, laboratory work, environmental assessments or other
work as may be required to prepare complete, detailed work-
ing plans and specifications for the project.
(06} The Engineer shall obtain from all pertinent utility
companies such infor,~~ation as the utility company has re-
tarding the location of their facilities. It is under-
stood that the information provided by the various utilities
may only give the general location. Tine exact location of
utilities will be determined in the field by the utility
companies after bids have been let.
(07) The Engineer shall prepare complete, detailed working
plans and specifications and submit these for approval by
those agencies having regulatory jurisdiction. The Engineer
shall prepare modifications required in order to comply with
agency directives.
(08} The Engineer shall conduct one plans-in-hand site ob-
servation and plan evaluation meeting with interested City
representatives and representatives of other agencies who
inay have an interest in the proposed Improvement Project.
Any changes in the plans and specifications as a result of
this meeting shall be made before a final submission to the
City Council.
(09) she Engineer shall submit to the City Council for
their approval ar.d authorization, the cor~.plete, detailed
wor}:ing plans and specifications and revised estimated cost.
-3-
(10) After approval by the City Council, the Engineer shall '
furnish a sufficient number of copies of the comple*_e Con-
tract Lk~cuments in order that the City may advertise for
bids, award construction contracts and properly administer
construction work.
(11) The Engineer shall prepare the advertisement for con-
struction bids and issue plans and specifications to bid-
ders. The Engineer shall place two (2} copies of the
Contract Documents at both the City office and the En-
gineer's office for examination by interested parties. The
Engineer shall have personnel available at the Engineer's
affice during normal business hours to answer questions for
bidders, equipment and material suppliers and others
concerned wits the preparation of bids.
_ (12} The Engineer shall be present at the opening of bids
and prepare a tabulation and analysis of the bids received.
(13) The Engineer shall, upon award of construction con-
tracts by the City Council, complete the Construction Agree-
ment form, the Public Contractors Corporate Surety Bond forms
and other necessary Contract Documents, and submit these to
the City Attorney for his review and approval.
(14) The Engineer shall submit applications far all permits
required by governmental agencies having regulatory control
• over the Improvement Project. The Engineer shall be avail-
able to assist the City or Contractor in obtaining these
permits. The Engineer may request the City to consider an
additional fee far excessive time required to obtain
permits.
(15) The Engineer shall conduct a preconstruction con-
ference with the interested City Representative, the
Contractor, subcontractors named in the Contract Documents
and representatives of affected utility companies prior to
the commencement of construction activity in order to
coordinate the efforts of all parties involved.
(16) The Engineer will visit the job site as he deems
necessary in order to familiarize himself generally in
accordance with the Contract Documents. Any deviation from
the plans and specifications will be reported to the City
Representative for direction as to whether or not to step
work or take other appropriate action.
-4-
(17) The Engineer shall furnish the City with, a list de-
tailing final quantities and costs in a letter stating to
the best knowledge of the Engineer, that the work is in com-
pliance with the plans, specifications and change orders.
(18) The Engineer shall furnish the City with five (5) sets
of the construction drawing prints revised to show the "as
constructed" conditions upon completion of the Improvement
Project. .
(19) The Engineer shall provide general contract admini-
stration during construction, including completion of
Contractor's Esti:r,ates for Partial Payment, preparation of
such change orders as may be required, review of shop
drawings and material tests, direction of on-site testing
conducted by independent consultants or testing companies,
correspondence with contractors and suppliers and other
general administrative duties.
(20) The Engineer shall direct those independent con-
sultants hired b;= the City for the purposes of making soil
tests, laboratory tests, shop inspections, field tests,
etc., that are deemed by the Engineer and the City necessary
to insure proper quality of work and materials.
2.2) Duties of Engineer For an Hourly Fee - The Engineer,
acting under the hritten authority of the City Representative,
shall furnish professional services in conjunction with the
following duties defined in this Article 2.2 on an Hourly Fee.
(O1} The Engineer shall furnish a field crew with adequate
personnel, equipment and supplies necessary to stake out the
work and provide the Contractor with line and grades for
constructicn and to verify the correctness of the work as it
progresses.
(02) The Engineer shall provide a full time Representative
on the job site when directed in writing by the City
Representative to do so. The Representative will observe
construction, maintain a detailed daily construction dairy
and progress report, and report observed deviations from the
plans and specifications to the Engineer for action as
stated in Subsection 16 of Section 2.1 above.
(03) The Engineer shall prepare the assessment role for the
project with the assistance of the City Attorney and members
of tr,e City staff. This work shall include attendance at
Council meetings and assessment hearings as may be necess-
ary. The assess:~~ents will be detailed on co:r,puter print-out
-5-
sheets in bound form and three (3) copies will be furnished
to the City. It shall include an assessment map showing the
area over which the assessment is levied or individual pro-
perties identified and cross-referenced with index numbers
corresponding with the item number on the assessment roll.
The roll shall contain alI inforn~~ation required by the
County Auditor and the City for each parcel.
2.3) Progress Reports - The Engineer shall make written
progress reports to the City Representative for each project
under construction, and these reports shall be submitted on the
Friday preceding the second regularly scheduled Council meeting
of each montr,.
2.4) Correction of Work - The Engineer shall be responsible
for the completeness and accuracy of field surveys, designs and
calculations, and other studies on which the plans and speci-
fications are based. The Engineer shall correct at his own
expense all errors or omissions as may be disclosed during the
review of the plans.
2.5) Other Work - Any work not specifically described in
any of the above sections or subsections of this Article 2, shall
be considered other work and shall be performed by the Engineer
only upon written authorization by the City Representative and
all such work will be on an Hourly Fee basis.
2.6) Termination of Improvement Project - The City may,
upon ten (IO} days' written notice, terminate any Improvement
Project at any time prior to awarding the construction contract.
Co;,,pensation to Engineer far work performed prior to the effec-
tive date of ter,:,ination shall be calculated as in Section 3.1 cf
Article 3 hereof.
ARTICLE 3.
SCHEDULE OF PAYMENTS
3.1) Schedule of Payments -
(C1) Calculating the Basic Fee - T;,e construction cost to
be used in calculating the arr,ount of the Basic Fee shall be
the cost of all work designed or specified by the Engineers.
Such cost shall not include costs of technical services,
legal services, administrative services, acquisition of land
or right-of-way and other similar costs. When labor, mate-
rialsJor eauip~,,ent furnisi~ed by the City are incorporated in
the construction, the costs incurred or inventoried by the
-6-
City shall be included in the final construction cost. For
purposes of calculating partial payments of the Basic Fee
before the final construction is known, the estimated cost
shall be used.
(G2) Partial Payments - Partial payment of the Basic Fee
shall be made to the Engineer at completion of various
stages of the work or. the following basis:
If the Engineer is directed to prepare a preliminary
report on any proposed project, and is not thereafter
ordered to prepare plans and specifications for such
project, or some part thereof, the Engineer shall be
paid a fee of fifteen percent (15~) of the total Basic
Fee based upon the estimated construction cost of the
project, or part thereof, which is not so ordered to be
made. Such payment shall be made within ninety (90)
days after the presentation to the City of the pre-
liminary report. The fee payable for any such pre-
lir:inary report shall be credited toward the total
Basic Fee if the project proceeds to the construction
stage.
If the Engineer is directed to prepare plans and
specifications for a project and the City does not
advertise for bids, the Engineer shall be compensated
on the same basis as if bids had been advertised but no
bids were received.
If bids are received and a contract for construction of
the project is entered into, the construction cost
shall be the awarded contract cost. If, upon com-
pletion of the contract, the actual construction
cost is different from the original contract cost (by
reason of such things as change orders) the fees shall
be based upon the original contract cost plus author-
ized change orders. Ninety percent (90€) of the Basic
Fee shall be paid within sixty (60) days after the City
has entered into a contract for construction as shown
in the plans and specifications and the remaining ten
percent (10~) shall be paid upon completion of con-
struction. If a deletion is made from the project
shown in the plans and specifications by the City, the
Engineer shall be paid a fee for its services on such
deleted work equal to ninety percent (90~s) of the Basic
Fee which would Dave been payable if the deleted work
had been cer.structed.
-7-
If bids are received but no construction contract is
entered into within the period during which bids may be
accepted, the construction cost shall be the amount of
the lowest responsible bid. The Engineer shall be paid
ninety percent (90€) of the Basic Fee within sixty (6U)
days after rejection of the bids, or with sixty (60)
days after the period during which bids may be ac-
cepted.
If no bids are received within ninety (90) days after
delivery of plans and specifications to the City, the
construction cost shall be the Engineer's estimate as
of the date of such delivery, and the Engineer shall be
paid a fee of ninety percent (90$).of the Basic Fee.
In any case where only ninety percent (90€) of the
Basic Fee has been paid, as provided in this Subsection
2, if the work is later constructed, the Engineer shall
receive the remaining ten percent (10€) of the Basic
Fee based upon the construction cost.
3.2) Independent Consultants - The cost of services per-
formed by independent consultants or agencies for property sur-
veys, environmental evaluations, soil testing, test drilling,
field tests, laboratory work and similar services required for
the preliminary report, final design or construction phase shall
be paid independently by the City upon recoru~~endation of the
Engineer.
3.3) Payment for Revisions or Other Work - If the City
directs that revisions be made to the plans and specifications
following approval of the plans and specifications by the City or
if the City Representative directs Engineer to perform other
work, the Engineer shall be co^~pensated far the cost of such
revisions at the Hourly Fee. If the revisions consist of
extension or enlargement of the project, payment for plans and
specifications for such extension shall be included in the Basic
Fee based upon the increased project cost.
3.4) Receipt of Payment - In order to receive payment for
services the Engineer shall submit monthly invoices describing in
detail that the services have been performed in accordance with
this contract. SepGrate statements shall be submitted for eacr.
project or a detailed breakdown shall be furnished showing the
distribution of charges to each project. The City shall pay En-
gineer upon receipt of the monthly invoice.
3.5) City's ~iQht to Rucit - The City shall have the right
to audit the Er;gineer~s records, accounts and payroll for these
projects.
-&-
ARTICLE 4.
INSURANCE
The Engineer shall carry errors and omissions insurance with
minimum limits of at least One Million Dollars ($1,000,Q00). The
Engineer shall furnish the City a copy of this policy or a
certificate of insurance issued by the insurance company. The
Engineer shall also carry general liability insurance and
worker's compensation insurance to protect the City against
damages.
ARTICLE 5.
CONTRIBUTIONS BY THE CITY
The City Representative and other appropriate members of ti-,e
City Staff shall make theTM,selves readily available to the
Engineer for consultations and advice whenever necessary to
expedite progress of the Engineer's work. The City shall also,
without charge, furnish or make available to the Engineer for
examination or use, as he may determine to be pertinent to the
work, all data, reports, records, maps, plans, plats, surveys and
other information or record which are existing and available.
ARTICLE 6.
O'vrT1ERSHIP APED USE OF DOCUMEtyTS
All reports, plans, specifications and as-built plans pre-
pared by the Engineer, pursuant to this Contract, shall become
the absolute property of the City upon payment therefor in
accordance with the previsions of this Contract. Any risk of
loss, destruction or damage of or to said specifications and
materials shall be borne by the Engineer prior to the time when
same are delivery to the City, and any loss, destruction or dam-
age prior to date of delivery shall not excuse the performance of
the Engineer under this Contract. Any reports, information or
data, given to or prepared or assembled by the Engineer, speci-
fically under this Contract, shall remain confidential and shall
not be made available to any individual or organization by the
Engineer unless released by the City. 2Jo report or other
materials produced specifically for the City under this Contract
shall be subject to an application for copyright by or on behalf
of the Engineer. The original drawings, surveys, design notes
and plans shall not be used by the City on other projects.
-9-
ARTICLE 7.
TERI`i OF CONTRACT
The City or Engineer may terminate this contract at any time
by giving thirty (30) days' written notice to the other party of
such termination, and specifying the effective date of such ter-
mination.
ARTICLE 8.
N^vTICE
Any notice required or permitted to be given under this Con-
tract will be sufficient if in writing and if sent by registered
or certified mail or hand delivered to the parties at the
addresses set forth below their respective names or at such other
places as the parties shall designate in writing by certified or
registered mail:
ORR-SCHELEIv-MAYERON &
ASSOCIATES, INC.
2021 East Hennepin Avenue
Minneapolis, MN 55413
A RiICLE 9.
MISCELLANEOUS
CITY OF RICHFIELD
City Manager
6700 Portland Avenue So.
Richfield, M2~ 55423
9.1) Arbitration - Any controversy, claim, dispute or other
matter arising out of or relating to this contract, not
constituting a breach of this contract, shall be subject to
arbitration only if such claim, dispute or other matter in ques-
tion involves an amount in controversy of no more than Five
Thousand Dollars ($5,000). Disputes between the City and En-
gineer involving more than the Five Thousand Dollars ($5,000} in
controversy shall not be subject to arbitration. Claims, dis-
putes or other matters in question not subject to arbitration
shall be resolved by legal proceedings.
-10-
9. 2) Entire Contract - This Contract sets forth the entire
understanding between the parties, there being no terms, con-
ditions, warranties or representations other than those contained
herein, and no amendments hereto shall be valid unless made in
writing a;,d signed by the parties hereto.
9.3} Severable - In the event any portion of this Contract
shall be held to be invalid, the same shall not affect in any re-
spect whatsoever the validity of the remainder of this Contract.
9.4) Captions - Article, paragraph, or section titles or
other headings contained in this Contract are for convenience
only and shall not be deemed a part of the context of this Con-
tract.
9.5) BindincL Effect - Unless agreed to in writing, this
Contract shall be binding upon and inure to the benefit of all
the parties hereto, their permitted assigns and successors in
interest. This contract is not assignable by engineer without
city's prior written consent.
9.6) Waiver - P.ny waiver by any party of a breach of any
provision of this Contract will not operate as or be construed to
be a waiver of any subsequent breach thereof.
9.7) Gcverninq Law - This Ccntract was entered into in
Richfield, Minnesota, and will be controlled by the laws of the
State of Minnesota.
Itv WITNESS WHEREOF, the par"ties hereto have executed this
Contract on the date and year first above written.
OF,R-SCHELEN-MAYERO?~
& ASSOCIATES, INC.
CITY OF RICHFIELD
By:
Its: President
By:
Its: Vice President
By:
Mayor
By:
City Manager
-11-
X16
CITY OF RICHFIELD, MINNESOTA
Office of City rlanager
Council Letter No. 57
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City
City of Richfield
Council Members:
°~
iv ~ ~ ~~
Council ~ ~ ~ ~~ v
~`' ~ ~~% ~ ~ ~~ . M`~
\ ~ ~ ~ c~
~/
Subject: Alley Improvement and Maintenance Projects
:Last November, neighborhood informational meetings were held
to discuss the alley situation in Richfield. Four solutions for
surface treatment of the city`s alleys were suggested at the meet-
inq:
1. Oil Stabilization
2. Asphalt paving
3. Concrete resurfacing
4. Leave existing surface in place with increased maintenance.
A survey conducted after the last neighborhood meeting indi-
cated a lack of support for the oil stabilization, but was otherwise
inconclusive. After the public hearing on November 24, 1980, the
city council adopted an alley paving policy (copy attached). The
owners. on a block must be s
in an alley paving project. ubmitted befor
Pursuant to e an alley can be included
this policy, the engineer-
ing division has received t en all ey peti tions (see attached map).
Six of the alleys are in th e Augs burg Par k Cluster, so a project
may be initiated in that area, as specified in item 8 of the policy.
Petitions were received for resur facing o f the following alleys:
Alley Between From To
3rd and Clinton Ave. 73rd Street 74th Street
Lyndale & Aldrich 75th Street 76th Street
First and Stevens 71st Street 72nd Street
Garfield & Harriet 73rd Street 305 feet south
2nd &-3rd Aves. 71st Street 73rd Street
Oliver and Newton 73rd Street 470 feet south
65th & 66th Streets 22nd Avenue Standish Avenue
65th & 66th Streets 13th Avenue 14th Avenue
Xerxes & Washburn 66th Street 67th Street
The
tives. The final determination between using the concrete or the
asphalt surfacing will be made after the bids are in. Estimated
costs and assessments are also included in the report.
.r...,., -, .. ,..:.... .r.-..it :a..yry..r se'~.3-'h~F '+~AiFi->-'~'dd$F~.'!~!N'w.~9.i! _..
«IyrM'!r."MNI~ItlK~YA~q'7! ~~.•+~.. --,;sue
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Council Letter No. 57 -2- February 23, 1981
The staff recommends that the project be initiated by adopting
the attached resolutions, which receive the preliminary engineering
report and schedule a public hearing for March 23, 1981.
Apart from the alley paving project, a separate alley mainten-
ance project must be initiated to implement item 1 of the Alley
Policy (attached) i.e., "1. All costs involved in maintaining an
alley will be assessed against the property abutting the alley."
The street maintenance division estimates the annual cost of this
maintenance to be about $43,500; i.e., about $440 per block or
about $20 per lot on the average. Alleys which are to be paved
this year will not be assessed. The costs for the repair of an
alley will be charged to the property owners abutting the alley
that was fixed.
The attached resolution schedules a public hearing on the alley
improvements for March 23, 1981. The staff recommends that the
city council adopt the resolutions ordering the preliminary engi-
neering report on the improvements, proposing to assess the costs
of current services, and scheduling the public hearing for March 23,
1 981 .
Respectfully submitted,
,~
Karl Nollenberger
City Manager
KN/jf
cc: Community Development Director
Community Services Director
-City Engineer
Administrative Services Director
Finance Coordinator
City Clerk
ir~""~
.M...~~rwa...•
,'"~'
~~
a...,f
RESOLUTION NO. 6345 ~,
RESOLUTION ESTABLISHING AN ALLEY POLICY
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. All costs involved in maintaining an alley will be
assessed against the property abutting the alley.
2. An alley paving project may be initiated on an alley by
a petition signed by the property owners of over 50 percent of the
_ abutting property..
3. All costs involved in the paving of an alley will be
assessed against the abutting property eYCept that should a lot have
an alley on two primary sides, the property will be assessed only
for the shorter of the two sides.
4. Residential properties will be assessed for one-half the cost
of paving the full width of the abutting alley unless the property
is opposite commercial property in which case it is assessed one-fourth
" the cost of paving the full width;
5. Commercial alleys will be assessed for three-fourths of the
cost of paving the full width of the alley.
6. The City of Richfield will pay the costs of paving an alley
not abutting assessable property.
7. The type of surface will be chosen at the time the contract
is awarded on the first alley paving project.
8. A mir
city engineer)
a project.
as defined by the
r is required for
9. The deadline for the submittal of petitions is February 1st
of each year.
Passed by the City Council of the City of Richfield this
8th day of December, 1980.
ATTEST:
L~onalu J. Priebe Mayor
Sylvia I;. f~erc;h, :'lctin<f City Cl~r~
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N
RESOLUTION NO.
RESOLUTION ORDERING PRELIMINARY REPORT ON. PROPOSED
CITY PROJECT 734
BE IT NOW RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. The City Council finds it appears necessary and desirable
that the City make the assessable public improvement of permanent
surfacing or maintenance of the following alleys in the City of
Richfield
Alley Between From To
,~
~:~;3rd and Clinton Ave. 73rd Street 74th Street
Lyndale & Aldrich
''=- 75th Street 76th Street
,
'`First and Stevens 71st Street 72nd Street
'~~`"Garfield & Harriet 73rd Street 305 ft. south
,~ %~
! +,~~ 2nd and 3rd
~~~
71st
Street
73rd
Street
_
~~~%Oliver and Newton 63rd Street 470 ft. south
c65th and 66th 22nd Avenue Standish Avenue
~~65th and 66th 13th Avenue 14th Avenue
~T ~ l- ~ rn 19 O "i
~a. Cis ~C-~ -E- ~ ~~ ~ ~~- ,~.~ ~f ~,~~` c~~r..~-~
2. A preliminary engineering report on such proposed
assessable public improvement is required by law in the event that
said improvement or any part thereof is specially assessed against
the benefited property within the city. The city engineer is
therefore authorized and directed to prepare a preliminary report
of such proposed improvement and to submit the same to the City
Council at the earliest convenient time.
3. Suciz report shall indicate the estimated cost of such
proposed improvement, shall indicate whether such proposed improve-
ment is feasible and whether it should best be made as proposed or
in connection with some other improvement.
4. Such proposed improvement shall hereafter be known and
designated as City Project 734.
Adopted by the city council of the City of Richfield this
23rd day of February, 1981.
Donald J. Priebe
ATTEST:
Mayor
Sylvia K. Bergh, ~ City Clerk
RESOLUTION N0.
RESOLUTION RECEIVING PRELIMINARY REPORT AND CALLING
PUBLIC HEARING ON PROPOSED CITY PROJECT 734
BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. A preliminary report on proposed City Project 734 of the
City dated the 23rd day of February, 19$1, prepared by the city
engineer, is hereby received and ordered to be~placed on file.
2. A public hearing on said proposed improvement is hereby
called to be held on March 23, 1981, commencing at 7:00 o'clock
P.M., in the council chambers in the City Hall of the City of
Richfield, 6700 Portland Avenue South, Richfield, Minnesota.
3. The City Clerk is hereby authorized and directed to give
published and mailed notice of such hearing in the manner required
by law.
Adopted by the City Council of the City of Richfield this
23rd day of February, 1981.
Donald J. Priebe Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
PRELIMINARY REPORT AND
ESTIMATE OF COST
ALLEY PAVING & APPURTENANT WORK
PUBLIC IMPROVEMENT NO. 734
CITY OF RICHFIELD, MINNESOTA
I. TYPE OF WORK
Alley paving improvements in th'e City of Richfield.
II. REASON FOR IMPROVEMENT
The alley paving is proposed as a paving program for the City of
Richfield to provide permanent alley surfacing to benefit abutting
properties where needed.
III. DATE OF PRELIMINARY REPORT
February 23, 1981
IV. LOCATION
Alley
Between
3rd and Clinton Avenue
Lyndale & Aldrich
First and Stevens
Garfield & Harriet
2nd and 3rd
Oliver and Newton
65th and 66th
65th and 66th
Washburn & Xerxes
From To
73rd Street 74th Street
75th Street 76th Street
71st Street 72nd Street
73rd Street 305 ft. South
71st Street 73rd Street
63rd Street 470 ft. South
22nd Avenue Stan dish Avenue
13th Avenue -14th Avenue
66th Street 67th Street
V. FEASIBILITY
The alley paving project is feasible and can best be accomplished
as proposed and not in conjunction with any other project.
VI. PROPERTY TO BE ASSESSED
All that property abutting the alleys previously described in
Item Number IV.
VII. ESTIMATED PROJECT COST
Construction of 5,130 lineal feet of
alley surfacing in the project area:
11' Wide Concrete Alley
Estimated construction cost 202,600.00
Admin., Legal, Engineering
& Insurance (25%) 50,700.00
Estimated Project Cost
253,300.00
11' Wide Concrete Curb & Gutter with Bituminous Alley
Estimated Construction Cost 146,100.00
Admin., Legal, Engineering
& Insurance (250) 40,500.00
Estimated Project Cost 182,606.00 ~
VIII. ESTIMATED PROJECT ASSESSMENT
Property abutting alleys will be assessed for abutting alley
construction according to the assessment policy established in the
city council Resolution No. 6345.
Total Assessable Alley Frontage Lineal Feet
Assessment Rate (Concrete Alley) $24.70/Foot
Assessment Rate (Curb & Gutter with
Bituminous Alley) $17.80/Foot
Concrete Alley
Typical Assessment for 50' Lot - $1,235.00
Curb & Gutter with Bituminous Alley
Typical Assessment for 50' Lot - $ 890.00
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly Re-
gistered Professional Engineer under the
laws of the State of Minnesota.
Date: February 23, 1981 Reg. No. 7612
RESOLUTION NO.
RESOLUTION PROPOSING TO SPECIALLY ASSESS
FOR THE COSTS OF CURRENT SERVICES PROVIDED
FOR THE ALLEYS IN RICHFIELD
BE IT RESOLVED by the City Council of the City of Richfield
as follows:
1. That area which includes the property which abuts
improved alleys in Richfield (the "District") except those alleys
named in Resolution No. is hereby established as a special
assessment district for the purposes of assessing for current
services provided by the city.
2. The following current services of the city are hereby
proposed to be undertaken by the city in the District with the cost
of such services to be specially assessed against benefited
property within the District.
The repair, sweeping, and maintenance of alleys.
3. The area proposed to be specially assessed for such
current services consist of every assessable lot and parcel of
land within the District. It is proposed that special assessments
on property be made on the basis of pro-rated share of assessable
abutting footage as defined in the alley improvement policy
Resolution No. 6345.
4. The City Clerk is authorized and directed to publish
notice of a hearing by this council at which the council will
consider the undertaking of such current services and the levying
of special assessments to bear the costs thereof. Such notice shall
be published in the official newspaper at least once, at least two
weeks prior to the date of hearing. Such hearing shall be held on
Monday, March 23, 1981, commencing at 7:00 o'clock P.M. or as soon
thereafter as the matter can be reached on the agenda.
5. It is hereby proposed that the project consist of the
costs of the aforementioned services for the period from April 1, 1981,
through March 30, 1982. The estimated cost of providing all of the
aforementioned current services, using day labor, during that period
is $43,500
6. The project is feasible.
Passed by the City Council of the City of Richfield this
23rd day of February, 1981.
Donald J. Priebe Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
ry 11 k
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 56
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Resolution Authorizing Expansion of
Self-Insurance Fund
There is an item on the February 23, 1981 council agenda pro-
viding for council consideration of a resolution which would expand
the city's existing self-insurance fund.
In 1979, the city began self-insuring its workers' compensa-
tion liability. At that time, the city council adopted a resolu-
tion establishing a separate city fund which would be used for
paying all costs associated with the self-insurance program. Since
that time, the staff has been investigating the possibility of
self-insuring additional risks that the city incurs, such as the
cost of unemployment compensation for former city employees who
are eligible to collect such, as well as some potential self-
insurance for the city's property and liability insurance, which
might be achieved through increasing our deductibles. In the pro-
cess of establishing some of these other forms of self-insurance,
the city attorney's office recommended that the city council amend
the original resolution, to insure that the council action establish-
ing the self-insurance fund was, in fact, intended to embrace all
forms of insurance which the city might in some future time wish to
assume on its own.
The attached resolution has been developed by the city attorney's
office, and would have the effect of expanding the existing workers'
compensation fund to provide support for other types of insurance
which the city might self-insure. It is recommended that the city
council adopt this resolution.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/jf
cc: Department Heads
Personnel Manager
Finance Coordinator
RESOLUTION NO.
RESOLUTION AMENDING THE TRUST AND AGENCY FUND
FOR SELF-INSURANCE OF WORKER'S COMPENSATION AWARDS
AND COSTS TO PROVIDE FOR PAYMENT OF
UNEMPLOYMENT COMPENSATION CONTRIBUTIONS
AND OTHER UNINSURED LIABILITIES
WHEREAS, the City of Richfield, Minnesota, has uninsured
liabilities for which an existing fund would facilitate adminis-
tration and payment of claims; and
WHEREAS, Minn. Stat., Chapter 268 (1980) directs municipal
corporations to pay its unemployment compensation contribution
from taxes and other revenues; and
WHEREAS, the City Charter provides for the use of Trust and
Agency Funds for the care and disbursement of money received and
held by the City as trustee or custodian or in the capacity of an
agent;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota, as follows:
1. That the existing fund entitled "The Workers' Compen-
sation Trust and Agency Self-Insurance Fund" providing for
payment of all awards of compensation, administrative costs, and
legal fees related to workers' compensation is hereby amended to
provide for its use in payment of all unemployment compensation
contributions and other uninsured liabilities as well as the
administrative costs and legal fees for such contributions and
liabilities. Such payment will commence January 1~ 1981•
2. The City Manager is authorized to administer the fund
and to delegate administrative functions to others of the City
staff as he shall deem appropriate. The City Manager is further
authorized to pay all such contributions, liabilities, costs of
administration and legal fees from the fund.
Passed by the City Council of the City of Richfield, this 23rd
day of February, 1981.
Donald J. Priebe Niayor
ATTEST:
Sylvia K. Bergh City Clerk
a~ic
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 55
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Ordinance Authorizing Permanent Transfer
From PIR Fund
The adopted 1981 Capital Improvement Budget provides funding
for a major remodeling and expansion of the Public Safety portion
of the city hall complex. Funding for that project is to be de-
rived from several sources, including the city's Permanent Improve-
ment Revolving fund. There is an item on the February 23, 1981,
city council agenda which initiates the process for transferring
these monies from the Permanent Improvement Revolving fund to a
Capital Improvement fund for the Public Safety building project.
Adoption of the attached ordinance amendment is the first step
in the process to make this transfer of funds. The ordinance amend-
ment enables the council to take subsequent action transferring PIR
funds for this purpose. The ordinance amendment further expands
the general use of PIR funds as a temporary loan source for other
city capital expenditures. In the past, the PIR has been able to
loan monies to the HRA, but not to the city. After the council has
given first and second reading approval to the ordinance amendment,
it will still be necessary for the council to adopt a resolution
specifically authorizing the transfer to the Public Safety project.
It is recommended that the council give first reading approval
to this ordinance amendment at the February 23, 1981 city council
meeting.
Respectfully submitted,
Karl Nollenberger
City Manager
KN/jf
cc: Public Safety Director
Administrative Services Director
Finance Coordinator
AMENDMENT TO SECTION 12.18, SUBIDVISION 3
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Section 12.18, Subdivision 3 of the Ordinance Code of
the City of Richfield relating to the Permanent Improvement
Revolving Fund is hereby amended to read as follows:
"Disposition of Funds. The monies in said fund shall
be used only as directed by resolution of the city, and for
the purposes of (1) advancing to local improvement funds the
cost of improvements for which assessments are to be levied
and (2) providing interim financing of capital expenditures
for projects of the city- or the city's housing and rede-
velopment authority. fall such monies so furnished shall be
• restored when and as sufficient monies are received in said
improvement funds, or permanent project financing has been
obtained, as the case may be, with interest at a rate of not
less than five percent per annum during the time for which
such monies have been so furnished.. Notwithstanding the
foregoing provisions of this subdivision, the proceeds of said
fund, in a total amount not to exceed $300,000, maybe trans-
ferred to the capital improvement budget of the city, by
resolution of the city counci_l,_to provide funds for the aquisi-
tinn^anc~ bettermentTof public safety facilities in the city."
Passed by the City Council of the City of Richfield,
Minnesota, this day of
1 981 .
Donald J. Prie e Mayor
ATTEST:
Sylvia K. Bergh, City Clerk
~ ii ~
CITY OF RICHFIELD, MINNESOTA
Office of City rlanager
Council Letter No. 54
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Purchase in Excess of $1,000
Chapter Six, Section 6.05 of the city charger stipulates
that the city council must approve the purchase of merchandise,
materials, equipment or construction when the amount exceeds $1,000.
There are two such items on the council agenda of February 23,1981.
Fireworks
There-are two local vendors of fireworks. Each was contacted
to describe the display that they could provide for $3,000. It is
the opinion of the staff that Arrowhead Fireworks Co., Inc. has the
better program for $3,000. This is the same vendor as was used
for the 1980 Fourth of July Fireworks display. The 1981 display
will be slightly more. It is recommended that the city council .
authorize the purchase of a $3,000 fireworks display from Arrow-
head Fireworks. Co., Inc.
Heat Exchanger
The council will recall that a leak in the compressor at the
Ice, Arena a few weeks ago necessitated the emergency purchase of
freon. An additional part of the emergency repair is replacement
of the heat exchanger. This unit is attached to the compressor.
The freon is converted to hot gas which heats water; the hot gas
then returns to the system and is recycled. The hot water is
used to melt snow in the Zamboni pit.
There is only one vendor who can supply a heat exchanger for
our compressor. The unit recommended as available is being installed
now. Another unit could be ordered but would be more expensive and
would take several months for delivery. Without a heat exchanger,
it is very difficult and very expensive to melt the snow material
picked up by the ice resurfacing machine. It is recommended that
the council authorize the purchase of a heat exchanger from Holmsten
Ice Rinks, Inc. in the amount of $1,446, plus an estimated $200 for
assembly parts.
Respectfully submitted,
Karl Nollenberger
City Manager
_. ~z i/ G
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 53
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Minutes, Tabulations, Award of Contract -
One Ton Trucks
On February 12, 1981, bids were opened for two one-ton trucks.
A copy of the bid minutes and tabulations is attached for coun-
' cil review.
The adopted 1981 budget includes funding for the purchase of
a G.V.W. 27,500 truck, with an appropriated amount of $19,800.
Since the budget was written, however, the staff has determined
that two mid-sized trucks with dump boxes and options for addi-
tional attachments would provide greater versatility to the overall
city operation than the single, larger truck. It was felt that
the purchase price of two one-ton trucks would be likely about the
same as for the one G.V.W. 27,500 truck, and that the two units .
would also probably be more economical in operation. For these
reasons, bids were solicited for two, one-ton trucks.
Six bids were submitted. The lowest bid submitted by a_
responsible bidder met specifications. Therefore, it is recom-
mended that the city council approve the minutes and tabulations
and award the contract to GMC Truck and Coach Division in the
amount of $19,544.
Respectfully submitted,
Karl Nollenberger
City Nianager
KN/jf
cc: Community Services Director
CITY OF RICHFIELD
Bid Opening
February 12, 1981
~:
Two One-Ton Trucks
with Dump Boxes
Pursuant to the requeirements of Resolution No. 1015, a meeting of the Administrative
Staff was called by Sylvia Bergh, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, sealed bids for Two One-Ton Trucks With
Dump Boxes as advertised in the official newspaper on January 28, and February 4, 1981.
Present: Joyce L. Wilde, Assistant City Manager
Don Fondrick, Community Services Director
Marshall Raaen, Technical Operations Supt.
Sylvia K. Bergh, City Clerk
The following bids were submitted and read aloud:
BIDDER BID SECURITY TOTAL BID
Ridgedale Ford $1 ,016.10 $19,998.00
Iten Chevrolet $ 968.61 19,622.20
GM Truck & Coach B. B. 5% 19,544_.00
Boyer Ford Trucks B. B. 5% 20,924.70
Superior Ford, Inc. B. B. 5% 21,564.00
Harold Chevrolet B. B. 5% 21,634.00
The Assistant City Manager announced that the bids would be tabulated and
considered at the regular city council meeting of February 23, 1981.
Sylvia K. Bergh City Clerk
,~`//O
CITY OF RICHFIELD, MINNESOTA
Off ice of City Manager
Council Letter No. 52
Agenda February 23, 1981
The Honorable Mayor
and
Members of the City Council
City of Richfield
Council Members:
Subject: Fire Department Relief Association By-Laws
As a result of state statute and local ordinance-provisions,
all new police officers and firef fighters hired after April of
1980, are no longer eligible to become members of the Police
or Fire Relief Associations for pension purposes. The state
statute which authorized this change in pension coverage, also
included a choice of pension benefit increases for the exist-
ing relief associations as long as those costs did not exceed
1.26°s of covered payroll. In late summer of 1980, the city
council authorized a benefit increase in the Fire Relief Assoc-
iation pension benefits which was within the 1.26% calculation.
The benefit increase essentially allowed for immediate vesting
for all members of the Relief Association and for the payment
of an additional 10 of benefit when a firefighter had been
employed for at least 20 years and is eligible for normal age
retirement. The councils approval of that ultimate benefit
package was done by resolution and transmitted to the appropr-
iate parties.
The Fire Department Relief Association used the benefit
changes as an initiative to update their entire set of by-laws.
The present state law on Relief Associations indicates that
the city council must approve modifications affecting benefits
prior to their adoption. The city attorney's office has re-
viewed the amended by-laws and indicates that there are no sub-
stantial changes in them other than the modifications in the
benefits as approved by the city council in the summer of 1980.
The city attorney's office is recommending that the city council
approve the by-laws in their entirety now in addition to their
previous adoption of the resolution for benefit changes. In
that way all questions would be removed about the appropriate-
ness of the procedure under the state statutory requirements.
Council Letter, No. 52 -2- February 23, 1981
A copy of the by-laws is attached to this council letter
with the changes underlined for council review. It is recommend-
ed that the city council approve the amended by-laws for the
Fire Relief Association.
Respectfully submitted,
~~~ ~~~
Karl Nollenberger
City Manager
KN/eja
cc: Administrative Services Director
Public Safety Director
Fire Relief Association President
Fire Relief Association Secretary
`_ .~__,.
BYLAWS
OF
RIC??FIELD FIRE DEPARTMENT RELIEF ASSOCIATION
REVISED EFFECTIVE APRIL _1.6, 1980._
ARTICLE I
The name of this organization shall be the Richfield
Fire Department Relief Association and its place of_ business
shall be in the City of Richfield, Hennepin County, Minnesota.
,~
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ARTICLE II
A firefighter under these by-laws is one who is
regularly entered on the payroll of the fire department
of the City of Richfield serving on active duty with a
designated fire company therein, or having charge of one
or more of the companies and engaged in the divisions of
the fire department who are subject to like hazards.
Substitutes and persons employed irregularly from time
to time shall not be included in the definition of
f i ref fighter .
All persons who were members of the Richfield Fire
~~~' De artment Relief Association
p prior to Richfield becoming
a City of the second class, whether their status is embraced
within the definition of a firefighter herein contained
or otherwise, shall ha~Te the right to continue as members
of the Richfield Fire Department Relief Association and
be entitled to all benefits pertaining thereto, and any
member included under the definition of firefi:ahte~~ herein
pro~~ided shall have the right to retain his membership
on promotion or appointment to other positions to :which
such ~irefighte.r hcrcin may be subject.
-~-
~_ .~ .~
ARTICLE III
Every firefighter mho enters into the em loyment o'
the department prior to April 16, 1980 shall be eligible
to apply for membership in the Richfield Fire Department
Relief Association by making written application on a form
prescribed by the Board of Trustees. Each applicant shall
be given a physical examination by a physician appointed
. by the Board of Trustees. After the application has been
filed, the Board of Trustees shall make a thorough investi<,ration
thereof and file their report with the Secretary of the
Association. No firefighter who is more than 35 years
~,, of age when his application is filed can become a member
~.
of the Association. Any member of the Association that
resigns and at a later date is rehired by the City of Richfield,
shall have no retroactive rights in the Relief Association.
-3-
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~`~_ ..'
<._~_~
ARTICLE IV
Every member of the Association shall pay his annual
dues in the Amount of $1.00 which sha11 be paid annually
before January 1st of each calendar. year,
~-
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-4-
-.
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ARTICLE V
Section 1. The annual meeting of the Association
shall be held at the Richfield Fire Station on the second
Tuesday of January of.each year at 8:00 p.m.
Section 2. The special meetings of the Association
may be called at any time by a majority of the Board of
Trustees, and may be called by the President of the Association
when requested in writing by five members of the Association.
Section 3. The members present at any annual meeting
shall constitute a quorum for the transaction of business.
Section 4. Each member in good standing with dues
i
:,
paid sha11 be entitled to one vote at each meeting which
he is present.
Section 5. The Secretary shall cause written notice
of the time and place of holding a special meeting, indicating
briefly the object o.r_ objects thereof, to be posted at
each station seven days prior to said meeting.
Section 6. In the event the special meeting is called
for purpose of amending the by-laws or the articles of
incorporation of the Association, then the Secretary shall
cause written notice of the time and place of holding such
meeting, indicating in Lull the propos~.d amendments, and
such notice shall be mailed at least two weeks before said
time or raking the gist oz membership for such meeting,
to such <xdcire~s as appears on the .recor.ds of the ~'lssociation.
~~_~-~-1 ____:.
ARTICLE VI
Section 1. The property and business of this Association
shall be managed by its Board of Trustees, s~hich shall
be six in number, elected from the regular Fire Department
of the City of Richfield. The members of the Board of
Trustees shall be elected at the annual meeting of the
Association and shall be elected for a term of two years
commencing on February lst of each year to serve for a
two year period or until their successors are elected and
qualified. President, Secretary and one Trustee shall
be elected on odd years, Vice-President, Treasurer and other
Trustees shall be elected on even years. The members of the
(:j' Board of Trustees presently serving on the Richfield Fire
C.
Department Relief Association, whose terms do not expire in
the year of the adoption of these by-laws shall continue to
serve as Trustees until their terms expire. The Mayor of the
City of Richfield, the .Finance Director of the City of Richfield
and the Chief of. the Richfield Fire Department shall be ex officio
members of the Board of Trustees. The ex officio trustees shall
have no voting power in the meetings and shall have no right
to participate in the discussion in the meetings of the Board
of Trustees except in an advisory capacir_y anc~. when called upon
by the President of the 1ssociation. The ex orf.icio members
of the Board of `T'rustees shall have a ri~7iit to attend all meetings
of the Board of Trustees ~~nd shall be noti~=i~~d of all meetings
~~ ~ of the Board of Tr_ustecs and all special meetings of the Board
of Trustees in the same manner that the voting members of the
trustees are notified.
( Section 2. ____ _~~u).ar annual meeting of the Board of
\ `.__
Trustees shall b~ ~~-_ :without notice at the time and immediate.-:
following the ad_~•~_-_e-~t of the annual Association meeting
to transact such ~~__-_ss as may properly come before it,
Section 3 , ____ _ _-ular monL-rily meeting of the Board of
Trustees shat? ^~ __~__ ,:ithoiut notice at the Richfield Fire
Station No, 1, 6~.=~ ~ = Portland Avenue on the third Tuesday
of each and e~;er~.~ -:-_=.
Section ~ _~___= meetings of the Board may b•;~ called
_ by the President a. a___- time and shall be called by him whene-.-e^
requested to do s~ -_-=-iting by the members of the Board. Nc~-~=
of special meeti^~ -___ ~e given to each Trustee personally
or by mail at leas= ...=e days prior to the meeting.
`" r- Section ~ a=_ -:eetings of the Board of Trustees, tr hra
of the trustees s~~== _= necessary and sufficient to constitute
a quorum for the =_~__.=~=ion of business and the act of the
majority of the =_~~__.= oresent at any meeting at which there
is a quorum, sha~= •~_ _= act of the Board. of Trustees.
Section 6. .__ __-_~tee who shall become separated from
active duty with ~_.~ -__ . Department of the City of Richfield,
during his ter: o= ~____~, shall automatically be retired as
such Trustee and ~, ~~:_._sor shal]. thereupon be elected by the
surviving memr~~ rs .. _... Board of Trustees to occupy his positi~-
until thc~ next :....~~_ --_~inq oL the Association, when a successor
shall be ~:1ect~~ci -__ .-__ gut the separated `['rustce's term o.E
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Section 7.
In case of a vacancy in the Board of Trustees,
or any o= the Offices of the Association, the same shall be
filled by the Board of Trustees at the nest regular me~~.ing
of the Board of Trustees and said vacancy being f~_11ed in such
manner shall be until the next regular annual meeting of the
Association when the Association shall elect a member to fill
the vacancy for the unexpired term of the vacancy.
-8-
~~
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ARTICLE VII
The Of-icers of -the association shall be a President,
Vice-President, a Secretary and a Treasurer and two (2) Trustees,
as provided in .Article VI, Section J..
~~: ~`=~
- `.-.=:
AR^=CLE VIII ,
Section 1. The Pres-dent shall be the Chief Executive
Officer of the Associatic-:. He shall preside at all meetings
of the Association and a__ meetings of the Board of Trustees,
and shall sign ~~~ith tpe ~=cretary all of the minutes thereof.
He shall direct the S2c-_~=ary to call a11_. special meetings of
the Association, and aI1_ soecial meetings of the Board of Trustees,
specifying the purpose =~~ whic'_~~~ the meeting is called, and
he shall perform such ot~__ duties as ma.1~ be assigned to him
- by the Board of Trustees.
Section 2. He shal_ appoint from the membership of the
Association all committee of the Association and shall appoint
the chairman thereof and ~= shall be ex officio member of such
(" committees.
\" "
Section 3. He shall =eceive all bonds of the Officers
of the Association and a.=er they have been approved by the
Board of Trustees, and resarded in the books of the Association
by the Secretary, deposit _:~em for safe keeping in a suitable
place appproved by. the Bca_3 of Trustees.
Section 4.
He shall sign with the Treasurer all checks
and drafts issued by the =~sociation pursuant to the direction
of the Board of Trustees .
Section ~.
The ?'res_.~nt shall be r:~quired to furnish
a corporate surety bond t~ .he Association for the faithful
performance of his duti": s, _~! the amount or such amount as the
Board of Trustees may <<~-. rime to time determine, but in no
event less than ~-i~,~c ';:-:~,._ _ Dollars ($x,000.00) .
C_
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ARTICLE IX
The V'Ce-PrPStdcnt Shall perform the ~?l''''~; cif '-',:~ President-.
of the Association in the absence of the President of the
Association from the City of Richfield, or frorl any meeting
.._..,T
of the Association, or of the Board of Trustees, or in cash
the President shall become incapacitated from performing the
same.
~.
~'
~.,..
i.
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~:_~'`
.==~LE X
Section 1. Tho ~~_____ry shall keep a true and correct
record of ail tl~_` ~~~~_-__ _= the hs~ociation and of the Board
of Trustees, in boc;= :=__ -or that purpose, and of all business
transactions of the =_~__~_=_on,and he sr.all sign with the President
all minutes of meot_~~= ~_ =he Association and Board of Trustees.
Section 2. Ee s=~== r=ep a list, alphabetically arranged,
of the names of the -.s-.~ __ . 1f the Association .
Section 3. He s__~_= =.=ue, by direction of the President,
C
all notices for the c.=? _= ~:ecial meetings of the Association
and of the Board o ^__~____.
Section 4. P_i~~ __ -=cYuary 1, in each-year, he shall
jointly prepare anc~ s____, -v__^, the approval of the Board of
Trustees, a detailec a-_~ _==..-ized report of all proceeds and
expenditures in the _~__~==.=an's Special Fund for the preceding
calendar year sho:ai^^ _.__ __,=ce of such receipt, and to whom
or for what purpose ____ -_-__- has been paid and expended, and
the balance of the =~__;. ~= shall jointly with the Treasurer,
file duplicate ori~=~;= ..=_=s thereof with the Clerk of the
City of Richfield a__~ __ . - __ auditor for the State of Minnesota.
Section 5. T::~ ~ ___. ____.- shall be required to furnish
~_
a corporate suret1 ::~_-~ __ --= association for the faithful
performance of his ~~____, _- _he amount or such amount as the
Board of Trustees ~-.-=_ =_ _- __-_ to time determine, but in no
event less than Fi-.~. _-~--,__-_ collars ($5,00~.~0).
. L.
-_ Section 6. The Secretary shall be required to submit his
~~
books and accounts each year for examination by the Public Examiner
of the State of Minnesota.
Section 7. The Secretary shall annually send and verify
signature verification cards to retired m^mbers on pension.
~-. - _
~~
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~;= ~=
~, ARTICLE XI
Section 1, The Treasurer shall have the custody of all
funds of the Association, including evidences of indebtedness
acquired by the Association in the investment of its funds.
Section 2. He shall collect and _receive a1_1 money that
may from time to time be due the Association and invest and
dispurse the same as directed by the Board of Trustees. He
shall sign all drafts and checks issued by the Association pursuant
to the direction of the Board of Trustees.
Section 3. He shall give proper receipts for all money
received by him and shall take receipts for all money paid by
him.
~,; -'
Section 4. He
shall
collect monthly from
the City of RichfielG
~- all money deducted from the pay of members of t he Association
for the benefit of the fund and shall from time to time collect
from the City of Richfield, all funds derived -rom tax levies
by said City for the benefit of said fund, anal interest from
the investment thereof. He shall also collect =rom the State
of Minnesota all funds derived from the levies, imposed and
collected by the State for the benefit of the I'iref.ic~hter's
Relief, death benefit and pension fund for tho City of Richfield,
on the f ire insurance ~~remiums collecte d with i r. the corporate
limits of said City and interest from the inv~~s~r~lent thereof.
He shall further receive and collect gill funds c~ri~ed from
private sources, such as gifts, charges, rents, `ntertainmer.ts,
~, dues paid by mc~mbors from all other sources.
-14-
of Richfield representing deductions from the salaries of the
~,
~~ members of the regular firefighters shall be deposited in they
Special Fund and credited to the account of the individual regular
firefighter ,
SeCt1.'7?"_ Q . At nO tlli~f'_ s~?.all t}le TreaSUrer petii~it Lhe f11I'iC,S
of this Association to accumulate in any bank in an amount larger
than the deposit 'insurrance carried by said bank for the protection
of its individual depositors, and it shall be his duty to report
to the Board of Trustees the fact that funds on deposit in any
. particular depository have reached the maximum of said insurance,
and request directions either for the investment of said funds
or the designation of another depository therefor.
Section 9. He shall be at the regular meeting of the
~_,_. Association and the Board of Trustees, report all changes in
C the funds since the last report and the balances on hand in
said funds and on deposit in the banks designated as depositories
by the Board of Trustees, and at the Annual Meeting of the
Association he shall mak__ detailed report of all receipts and
expenditures during the preceding calendar year.
Section 10. Prior to February 1, in each year, he shall
jointly prepare zn'~ sign, wit: the approval of the Board of
Trustees, a detailed and itemized report of all proceeds and
expenditures of the Association's Special Fund for the preceding
calendar_ year., showing th:~ scurce of such receipt, and to whom
..-~ l.v~ .,itUC Niiti JSt~ C:1C ..:v:._.y ...lo ~~__,.. a ~.. ~.~iu ._'_i~%:._iQ'JCi, ;.iI1G
the balance of the Fund. EIe shall jointly with the Secretary,
flee C1:.i~~1ii.:1~.=C' :;.~"~1nai COJl`S ~r1C'_~~COt ~Jlt:l t}1C L1~'_rt~ Oi `hE?
City of Richfield and with the Auditor of the State of Minnesota.
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~; ;-
~.--:
Section 11. He shall perForm such other duties as usually
pertain to his office, or that may be assigned to him by the
Board of Trustees.
Section 12. The Treasurer shall be required to furnish
._
~_ ,:
C.
~_
a corporate surety bond to the Association for the faithful
performance of his duties, in the amount or such amounts as
the Board of Trustees may from time to time de~~e~-mine, but in
no event less than ~~`ive Thousa_Zd Dollars ($5, 000.00) .
Section 13.
The Treasurer shall_ be required to submit
his books and accounts each year for examination by the Public
Examiner of the State of Minnesota.
-1.7-
`' .--_ ARTICLE XII
Section 1. Following the election of the Board of Trustees
of this Association at the Annual Meeting thereof, there sha7.l
be elected by the members of this Association, from among the
members employed as regular firefighters by the City of_ Richfield,
a Board of Examiners,~consisting of at least three members of
the Association on active duty with the Fire Department and
of a competent physician or physicians, not to exceed three
physicians. The Board of examiners thus elected shall hold
office for one year and until their successors have been duly
elected and qualified.
Section 2. The Board of Examiners shall, as and when
requested by the Board of Trustees of this Association, investigate
1
\ and make reports on all applications for disability pension,
C
and make recommendations as to the allowance or disallowance
thereof. They shall, when so requested, investigate and make
report on all di+~~_bility pensioners, and makes recommendations
as to the continuance or discontinuance thereof, and they shall,
when so requested, investigate and make report on all applications
for service and death benefit pensions.
Secti~~n ;.. A majority ~;ote of the mombers of_ t~~c Board
of Examiners shall constitute its recommendation to the Board
of Trustees, and tho physician, shall act only in an ad~Tisory
ca;~acity and rnakc~ such e~:aminations and invest i.c;ations, and
r~'p'ortS, as th~~ Board of Examiners shall r(?c~lllre. Then will
_`
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-,~~~~-= be responsible for ascertaining the eligibility of Association
members for disability or death pensions and for formal filing
of any sickness or injury notification.
,(:
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<;;-,:
ARTICLE XIII
All money received by this Association and deposited by
it in its Special Fund, shall be appropriated and disbursed
under the direction of the Board of Trustees, and only for the
following purposes to wit:
(a) For the relief of sic;c, injured, and disabled members
of the Association.
(b) For t'~e p:aymF,r_t of disability and service pensions
to members of the Association and the payment of pensions to
their s o~ user and orphans .
(c) For the payment of salaries and expenses of its
Officers and Employees, the expense of operating and maintaining
the Association, including the premiums on the official bonds
_ of its Officers and Employees, and all medical, legal, and other
e:~penses of the Association.
~.
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-,y
`:,~
ARTICLE XIV
All money received by this Association and deposited in
~~`.
~-
~.
its General Fund may be appropriated and disbursed under the
direction of the Board of Trustees, for an~;r pur.~ose deemed proper
by said Board and under the direction of the membership, ~•~hen
it exceeds One Nundred~Dollars ($100.00).
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~.^
ARTICLE XV
Section 1. Any member of this Association on active duty
in the Fire Department of the City of Richfield at the time
these amended by-laws are adopted, who, by reason of sickness
or accident, becomes disabled from performing the duties of_
a firefighter in the Fire Department of the City of Richfield
as herein defined and who, as a result thereof, has been separated
from the payroll of the Fire Department of the City of Richfield,
either temporarily or permanently, shall be entitled to receive
from the Association during the period of such disability, a -
`fy disability pension equal to one-half (1/2) of the monthly salary
of a firefighter of the highest grade (not including Officers
~._
of the Department) in the employ of the City of Richfield from
~~
time to time during the period of the pension payment. Said
disability pension to commence accruing
or at the date of the expiration of any
received by the pensioner from the City
is the later date. The pension payment
or at such other convenient times as the
decide.
at the date of disability
sick leave benefits
of Richfield, whichever
is to be paid monthly
Board of Trustees may
Section 2. No disability pensions shall be paid or allowed
by this Association unless notice of the disability, and application
for pension on account thereof, shall be made by, or on behalf
of, the disabled member, to the Secretary of the Association
~ within thirty (30) days after such disability occurs.
~:~.
~_ -'~' -.
~. `,;,.
~'~ ,
C~
Section 3, Applications for disability pension: shall
be made i.n writing to the Secretary of this Association, by,
or on behalf, of_ the disabled member, and the Board of Trustees,
shall prescribe the proofs required to be submitted in connection
therewith. All such applications and proofs shall be referred
by the Secretary to the Board of Trustees, and shall be considered
by said Board at the next regular, or s~ecia?. meeting thereof,
The Board of Trustees may refer such applications to the Board
of Examiners for investigation which Board, upon completing
said investigation, shall make its recom-:~e_Zdations to the Board
of Trustees, as to the granting or denying such applications,
and the continuance or discontinuance of such pensions, by a
majority vote of the members of said Board present and voting
at the meeting at which said matter is presented for final
determination.
~_
(., ARTICLE XVI
~.:-=
Section 1. Subdivision 1. Any member of this Association,
who enters the employment of the Department before January 1,
1968, who has completed a period of service equal to 20 years
or more, shall, after he has arrived at the age of 50 years
or more, and has retired from the payroll of the Fire department
be entitled to a pension equal to 510 of the salary as payable
.......
from time to time, during the period of the pension payment
to firefighters of the highest grade (not includinq Officers
• of the Department) in the employ of the City of Richfield, such
pension to be payable for his natural life in conformity with
the By-Laws herein. Any member of this Association, who entered
-the employment of the Department on or after January 1, 1968,
and prior to April 16, 1980, who has completed a service equal
to 20 years or more, shall, after he has arrived at the aqe
of 55 years or more, and has retired from the payroll of the
Fire Department be entitled to a pension on the same basis as
hereinbefore set forth in this Section.
Subdivision 2. A member of this Association
_ ,
ho terminates employment with the Department prior to the
completion of 20 years of service is entitled to the pension
specified in Subdivision 1 reduced by 1/20 for each full or
partial year of service loss than 20. A member entitled to
~h.is reduced benefit is not a pensioner or active member for
purposes of Article XVII related to survivor benefits.
~\
-, .,
~~~- Section 2. All leaves of absence of more than 90 dnys,
except such as are granted to a member because of his disability
due to sickness or accident, shall be excluded in computing
the period of service, and all periods of time wh.i.ch a member
received a disability pension shall not be excluded in computing
the period of service. No deductions shall be made for a leave
of absence granted to a member to enable him to accept an
appointive position in the Fire Department.
Section 3. No member shall be entitled to draw both a
disability and service pension. Each pensioner within the same
category, such as disabled, widow, or minor children of a
deceased pensioner, or member of the Fire Devartment, shall
draw the same pension benefits as each other pensioner within
that class regardless of when they went on the pension roles.
Should the maximum benefits of any pensioner within a category
be increased, then the maximum benefits of all the pensioners
within that category shall likewise be increased.
Section 4. Any applicant for a service pension, who
subsequent to his entry into the service of the Fire Department,
has served in the military forces of the United States in the
World P?ar, or having during the war entered the employment of
the government of the United States and in such service rendered
fire prevention service during the war, and hzs returned, after
his honorable discharge from such service, and resumed active
duty in the T'i r_e Der?~~rtment within 90 days o~ his discharge,
~.~
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`. the period of his absence in the service of the United States
~ ,-
shall not be deducted in computing the period of service
hereinbefore provided for, but shall be construed and counted
as a part and portion of his active duty in the Fire Department.
Section 5. A member of such Association, who entered the
employment of the Department before January 1, 1968, who has
performed service on the Fire Department fo~~ 20 years or more,
but has TlOt reached the age of 50 years, shall have the right
to retire from the Department without forfeiting his right to
a service pension. He shall, upon application, be placed on
the deferred pension roll of the Association, and, after he
has reached the age of 50 years, the Association shall, upon
application thereof, pay his pension within 30 days of
eligibility. A member of such Association who entered the
employment of the Department on or after January 1, 1968, who
has performed service on the Fire Department for 20 years or
more, but has not. reached the age of 55 years, shal]_ have the
right to retire from the Department caithout forfeiting his right
to a service pension. He shall, upon application, be placed
on the deferred pension roll of the Association, and, after
he has reached the age of 55 years, the Association shall, upon
application thereof, pay his pension within thirty (30) days
of eligibility. Any person making the application thereby wai~•es
all other ri~_;hts, claims, or demands acrainst this Association
for any cause chat might have arisen from, or that may be
attributable to, his service on the Fire Department.
~..
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Section 6. The service pension which 'is paid to a member
~:'~~~
;..-
who has served as a volunteer fireman and who became a full-
time fireman on or before July 9, 1962, when the status of
volunteer firemen was abolished by ordinance, that each year
of volunteer service shall be deemed the eq.~ivalent of one-
half year o- .ull-time service for the purpose of determining
the period of service and computation of service requirements
in connection: with payment of_ any service pension pursuant to
the By-La:as o= the Association.
`.
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~ ,
ARTICLE XVII
4~7hen a service pensioner, disability pensicn°r, or deferred.
pensioner, o_r an active member of the P_ssociation dies, leaving:
Section i. A widow who became his legally married ~~7ife
while or prior to the time he was on the payroll o` the Fire
Department and remained such continuously after the marriage
unti)_ his death without having applied any divorce or leaa)_
separation, and who, in case the deceased member vaas a service
- or deferred pensioner, was legally married to such member beforE:
his retirement from the Fire Department and who, in any case,
was residing with him at the time of his death, no temporary
absence for purpose of business, health or pleasure shall
constitute change of residence for the purposes of this section.
A child or children who were living while the deceased was or.
the payroll of the Fire Department, or who vrere born ~,rithin ten
(10) months after she decedent was withdrawn rrom the payroll
of the Fire Department, such ~,aidow and the child or children
shell be entitled to a pension or pensions as follows:
(a) To such widow a pension equal to forty percent (40~)
~.`
of the monthly salary of a firefighter of the highest grade (not
including Officers of the Department) in the employ o` the City
n~F Rie11~-_?ld from t1mC' t!~ +-~-.,r~ ~7t~,-;'1^ t?1C' S,<?Y_n('l ~~ }~'1~ C~E'nslOn
payment, ~:.~hich cail]_ r_un for the balance o` hel° natural life,
provided, that if she remarry, such pension shall cease and
t.ermina ~e ~is o ~_ one aar_~ o~ ilC_'l ~~iaL L i~il{~'_ .
-28-
~-
-~''-_ (b) To each child, if their mother is living, a pension
L `,
equal to five percent (50) of the monthl~~ salary of a firefighter
of the highest grade (not including Officers of the Department)
in the employ of the City of Richfield, from time to time, during
the period of the pension payment, for each child up to the ti_mr
each child reaches the~age of eighteen (l8) years, provided the
total pension hereunder for the widow and children of the deceased
member shall not be larger than a sum equal to fifty percent
(500) of the monthly salary of a firefighter of the highest. grade
(not including Officers of the Department) in the employ of the
City of Richfield, from time to time, during the period of the
pension payment.
(c) Each child of a deceased member receiving a pension
~..'
or pensions hereunder, shall, after the death of their mother,
be entitled to receive a pension or pensions in the amount equal
to fifteen percent (150) of the monthlST salary of a firefighter
of the highest gra^ae (not including Officers of the Department)
in the employ of th.e City of Richfield, from time to time, during
the period of the pension payment, for each child up to the time
each child reaches the age of eighteen (i8) years, but said total
amount of said pension shall not emceed sure equal to fifty
percent (50 s) of the monthly salary of a firefighter of the
highest trade (not including Officers o_` the Deuartment) in the
employ of the City of Richfield, from ti~^e to t~mo, during the
period of the pension payment.
~_,
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(d) The Board of Examiners will be responsible for
obtaining an annual accounting by guardians for orpJ~~l~zs receiving
Relief Association pension monies.
Section 2.
Application for pensions provided for in this
article shall be made in writing, to the Secretary of. this
Association, by or on behalf of the applicant for such pension,
and the Board of Trustees s~lall prescribe the proofs required
to be submitted in connection therewith. All such applications
_ and proofs shall be referred to the Board of Trustees to be
considered at the next regular, or special meeting thereof.
(a) The Board of Examiners will be responsible for
ascertaining the eligibility of Association members and their
families for disability or death pensions and the formal filing
~:~
of any applications on their behalf.
Section 3. t^7hen any member of the Association, or any
~<
pensioner who is a former member, dies, there shall be paid
out of the Association's Special Fund the sum of_ Five Hundred
Dollars ($500.00) to defray or assist the family of the deceased
in defraying the funeral expenses of the deceased. The noar.d
of Trustees, or a committee appointed by them, shall assist
the ._ __ ."_~~ „ ^d --.. -. _ ~- :~ ~~~.~,,_..~. ...: ~ ~..:: _. -- ~ ~....
~- - -~
services are desired by the family.
,„
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ARTICLE XVIII
~'' _.
"~ '
Section 1. Any member of this Association, who shall become
separated from the service of the Fire Department of the City
of Richfield due to resignation or some other reason such~~
a reduced retirement under Subdivision 2 of Section 1 Article
XVI, who is not entitled to a pension hereunder, and whose widow
or children are not entitled to any pension hereunder, shall
receive a one-time lump-sum refund of all_ amounts deducted from
_his base pay by the City of Richfield which were paid into the
_ Special Fund, without interest, and less the :mount of any
disability or other benefits theretofore paid to such member
by the Association out of the Specia~• Fund.
Section 2. In the case of the deaf`' c= such ^:ember, under
f. the circumstances referred to in Section 1 of this article, said
~-
refund shall be paid to the heirs, e~:ecutors, or administrators
of such deceased member.
Section 3 Applications for such refunds shall be made in
writing to the Secretary of this association by, or on behalf,
of such member, or in the case of his death, his heirs, executors,
or ad.~ninistrators, and the Board of Trustees shall nrescr:~.e
the proofs required to be submitted in connection therewith.
All such applicati~-ns and proofs shall be referred by the Secretary
to the Board of Trustees, and ,hall be considered b~• said Board,
at the next regular or special meeting thereof.
(a) The Board of Examiners will be responsible For
ascertaining the eligibility of Association members er their
families and for the formal fiiina of any ~~plicatic::s on their
h ,-.„ - 1 t
-'~ ~ -
~~" ARTICLE XIX
All payments made or to be made by the Richfield Fire
Department Relief Association under these By-Laws shall be
totally exempt from garnishment, execution., or other lega_1
processes and no person entitled to such payments shall have
the right to assign the name, nor shall the Association. have
the authority to recognize any assignment or to pay any sum
on account thereof, and any attempt to transfer any such right
or claim or any part thereof shall be void.
~'
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~~`
ARTICLE XX
These By-La~.as may be amended at any Annual Meeting of the
w. ',
\r
~_
Association or any Special Meeting of the Association called
for that purpose in accordance with these By-Laws and the A~~icles
of Incorporatic„ by a two-thirds (2/3) vote of the Associat_•^n.
- ~ ~ -
~, ARTICLR XXI
All of the meetings of the membership, whether Annual o~-
Speci_al.. s~a.ll be ccnducted accor.~.ing to noherts Rt,les of
Order.
_. ~- :._
-34-
1 _--::
ARTICLE XXII
The P.ichfield Fire Department Relief Association shall
obtain an actuarial survey and report, prepared by an approved
actuary as defined in Minnesota Statutes, Section 356.21, by
May 15, 1968, and at least every four years thereafter, to
assist in the annual estimates required. The Secretary of the
Association shall consult with the City Manager regarding the
form and content of the actuarial report prior to the start
of the actuarial study, and so advise the selected actuary.
_,
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i
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-35-
~ ~_
CERTIFICATE OF ADOPTION OF AMENDED BY-LAh~S
The foregoing By-Laws were adopted effective April 16,
1980, at the Annual Meeting of the members of the Richfield
Fire Department Relief Association held in the City of Richfield
on January 13, 1981, and the same were at that time spread upon
the minutes of said meeting,
ATTEST:
President
Secretary
-.
President James Case
Vice-president Kevin `~tc!~inty
Secretarv Steven Sutter_
Treasurer Loren Olsen
Trustee John Recran
Trustee Gregory F:naeble
-36-