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09-24-79 agenda EXTRA ITEM CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 297 Agenda September 24,1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Contracts for Hotel/Motel Inspection • 0 As a special item for the city council agenda on September 24, 1979, the public safety department has requested consideration of an agreement with the State of Minnesota for the City of Rich- field to take over all of the hotel/motel fire inspection responsi- bilities. This item had originally been scheduled for council consideration at the October 9, 1979 city council meeting. How- ever, we were notified last Friday that the State of Minnesota has moved the dates up for applying for participation in this program. Therefore, the city council should consider this matter at their September 24, 1979 city council meeting. In return for transfer of this responsibility, the state will allow members of our fire division to participate in the fire mar- shall enforcement inspection training program offered by the State. This is a three-week highly specialized training program dealing with the provisions of the Minnesota Uniform Fire Code. There will be no tuition charged to the city for our participation in this program and the city will be reimbursed for any direct cost in- curred by employees who participate in the program. This training program offered by the State as part of this project would be an outstanding opportunity for a number of the members of our fire division to receive formalized training in the application of the Minnesota Uniform Fire Code. We do not feel that this transfer of inspection responsibility for Hotels/Motels within the city will create any additional workload on our fire division since we are already conducting local inspections of these facil- ities and presently there are only three (3) motels in the city. It is the recommendation of the public safety director, in which I concur, that the city council authorize the city manager to enter into an agreement with the state of participate in this program. A copy of the agreement is attached for your information. Respectfully submitted, Karl Nollenberger City Manager Page 1 of 3 State of Minnesota 0 CONTRACTUAL (non-state employee) Services THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota, acting through its Department of Public Safety (herein- after STATE) and address Soc. Sec. or a en. No. (hereinafter CONTRACTOR), witnesseth that: WHEREAS, the STATE, pursuant tb?Minnesota Statutes 1978, Section 299F.46, subdivision 2, is empowered to enter into an agreement with any county, 2 or more contiguous counties or city or other municipality, and WHEREAS, under which agreement the county(ies), city or municipality may agree to perform all or part of the inspection duties set forth in Minnesota Statute § 299F.46, subdivision 1 (1978), and WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein, NOW, THEREFORE, it is agreed: 1. CONTRACTOR'S DUTIES. 1. Annually inspect every hotel within its jurisdiction and enforce the provisions of the Minnesota Uniform Fire Code as it applies to those facilities at no cost to the State. 2. Require all inspectors employed for the purposes of this contract to • successfully complete the State Fire Marshal's Enforcement Inspection Training program to be provided to the municipality at no cost. 3. Adopt ordinances establishing fire safety standards at least equiva- lent to the minimum standards established by M.S. 299F.011 and the rules promulgated thereunder, as such statutes and rules are amended from time to time. The consultant may enact ordinances with more stringent requirements. 4. Attach to the contract a certified copy of the municipality's fire ordinance. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by CONTUC M pursuant to this contract shall be paid by the STATE as follows: Reimbursement for travel and subsistance expenses incurred by the contractor at the following rates: Travel at 16t per mile; lodging at $28.50 per night; and meals at $12.30 per day during the three-week training period beginning October 29th 1979 and ending November 16th, 1979 . The state w reim urse the contractor or the expenses of not more than student(s). Total reimbursement not to excee even Hundred Fifty Dollars) per student, or $ ( ) tota . s contract may be amended to allow reimbursement or training of additional students subject to the availability of funds. B. Terms of Payment :'aye c or j 4 1. Payments shall be made by the STATE promptly after CONTRACTOR'S presentation of claims for reimbursement of expenses and acceptance of such claims by the STATE'S authorized agent pursuant to Clause VI. Claims shall be submitted in a form prescribed by the STATE and according to the following schedule: Upon completion of training. III. CONDITIONS OF PAYMENT., All services provided by CONTRACTOR pursuant to this contract s a e performed to the satisfaction of the STATE, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state and local laws, ordinances, rules, and regulations. IV. TERM OF CONTRACT. This contract shall be effective on , or upon.suc ate as it is executed as to encumbrance by the Conn ss oner of Finance, whichever occurs later, and shall remain in effect until or until all obligations set forth in this contract ave een satisfactorily fulfilled, whichever occurs first. V. CANCELLATION. This contract maybe cancelled by the STATE or CONTRACTOR at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation CONTRACTOR shall be entitled to payment, determined on a pro.rata basis, for work or services satisfactorily performed. VI. STATE'S AUTHORIZED AGENT. The STATE'S authorized agent for the purposes o administration of t s contract is Department of Public Safety. Such agent shall have final authority for acceptance of CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. - VII. ASSIGNMENT. CONTRACTOR shall neither assign nor transfer any rights or obligati ons under this contract without the prior written consent of the STATE. VIII. AMENDMENTS. Any amendments to this contract shall be in writing. IX. OTHER PROVISIONS. 1. The State will discontinue inspection and enforcement actions in those facilities covered by the Agreement. The State will provide, without cost to the Consultant, training and con- sultation on problems. The State will provide, without cost to the Consultant, consultation and advice on rules promulgated by the State which are enforct-:d by the Consultant. 2. The State will annually review the Consultant's program to determine its continued compliance with the Agreement. Annual 0 E Page 3 of 3 review criteria include code interpretation, enforcement pro- cedures, inspection results and frequency, records complete- ness and staff training. 3. The Agreement shall continue to be effective until terminated by either party in accordance with Section V. If the Consul- tant's program is found by the State to be deficient, but under conditions that do not endanger the fire safety of the community, the State may continue the Agreement on a provisional status for a specific time period. 4. The Agreement may be amended with the mutual consent of both parties. 5. No Agreement shall be effective to transfer any tort liability attributable to any inspection or lack of inspection from the State to the local unit contracting to perform the inspection. In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. CONTRACTOR: (If a corporation, two corporate officers must execute.) By : Title: Date: By: Title: Date: As to form and execution by the 3. ATTORNEY GENERAL: By: Date: COMMISSIONER OF ADMINISTRATION: 4. By: Authorized Signature Date: 5. COMMISSIONER OF FINANCE: ENCUMBERED DEPARTMENT OF FINANCE 2. STATE AGENCY OR DEPARTMENT: By: Title: Date: By: Date : White - Original - Finance Dept. Canary - CONTRACTOR Blue - Agency Acctg. Unit Salmon - DEPT. OF ADMIN. Pink - Agency Suspense Copy Green - Work Copy CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 295 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Super America Station at 2913 West 66th Street On December 11, 1978, the city council approved a special use permit for a new Super America service station store at 2913 West 66th Street. Subsequently, soil tests done on the site have in- dicated that poor soils exist on the site. The site will require substantial soil replacement to provide a proper base for proposed site improvements. This also requires that the buildings be moved five feet west of the previously approved building location. Five feet of the green area on the western edge of the site will then be lost. This limits the space for the drainage swale and the three foot high earth berm which were to occur within that area. The three foot high earth berm was a council stipulation to insure that adjacent residences are properly screened from automobile headlights. This stipulation was requested by the nearby neighbors. To accomplish this, Super America is proposing to construct a berm which will be partially on city right-of-way. A brick faced retaining wall will be constructed to allow sufficient space adjacent to the street for future sidewalk construction. The city staff recommends that the city council approve tkle proposed changes and authorize the Mayor and City Manager to execute a Hold Harmless Agreement (copy attached) with Super Amer- ica. This agreement should hold the city harmless from any damages if the retaining wall is damaged or has to be removed in the future for any necessary public improvements within the public right-of- way. Respectfully submitted, Karl Nollenberger City Manager KN/eja 4W cc: Planning & Redevelopment Director AGREEMENT THIS AGREEMENT, made and entered into this 24th day of September, 1979, by and between the City of Richfield, Minnesota, a Minnesota municipal corporation, hereinafter "City", and Super America "Permittees",, WITNESSETH: WHEREAS, Permittees are the owners of that parcel or tract of land legally described as: Lot Five (5), Four (4) and West 41.9 feet of Lot Three (3), Block Seven (7), "Tingdale Bros. Lincoln Hills, Village of Richfield, subject to the reservation of an easement for ingress and egress across the following portion of the tract hereby conveyed, namely beginning at a point on the east line of the tract hereby conveyed, twenty-five (25) feet North of the southeast.corner of said tract; thence South to the Southeast corner; thence West twenty-five (25) feet along the South line of said tract; thence Northeasterly on a straight line to the point of beginning. • and WHEREAS, the Permittees are desirous of utilizing a part of the unimproved portion of Washburn Avenue for wall and-landscaping purposes, and WHEREAS, the City is willing to permit such use based upon the conditions hereinafter contained, NOW, THEREFORE, it is stipulated and agreed by and between the parties as follows: 1. City hereby grants permission to Permittees the right to use for wall, landscaping, and related purposes the following portion of Washburn Avenue South (hereinafter referred to as the "subject area"): The east five feet of the right-of-way of Washburn Avenue included in the foregoing legal description. -2- 2. In the event that the City shall need to use the subject area for roadway or other public purposes at any time, the permission granted in paragraph one (1) above, shall terminate upon 30 days written notice by the City to the Permittees. 3. The Permittees shall not erect or permit the erection or construction of any improvements on the subject area, except a three foot brick-faced retaining wall and land- scaping materials which is hereby permitted, without the prior written approval of the City. 4. All improvements constructed or placed in the subject area by the Permittees shall be removed upon the termination of this permission. The Permittees shall make no claim against the City for the value of any improvement which is affected by the termination of the permission herein • granted. 5. Permittees agree to indemnify the City and save it harm- less against any claims, actions, causes of action, or costs or expenses of defending the same, arising out of or by reason of the granting of this permit or by reason of the use or occupancy of the City's right-of-way pursuant to the permission herein granted. 6. This agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors and assigns. IN TESTIMONY WHEREOF, the parties hereto have set their hands the day and year first above written. 0 -3- i 0 CITY OF RICHFIELD, MINNESOTA By Loren L. Law Its Mayor By Karl Nollenberger Its City Manager SUPER AMERICA By_ Its By_ Its 0 T CJ ,&-,, 7,F,,4 TTE M CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 294 Agenda September 24,1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Ordinance Amendment Relating to Fire Protection Code At the August 27, 1979 city council meeting, the city council gave first reading consideration to an ordinance amendment which would amend Richfield's existing fire prevention code to bring it into conformance with the Minnesota Uniform Fire Prevention Code. During the last session of the Minnesota Legislature, a statute was passed making the provisions of the Minnesota Uniform Fire Code the minimal standard to be utilized by all governmental jurisdictions • throughout the state. Since the state has now established a uniform standard, it is the recommendation of the Public Safety Director, in which I concur, that the city council amend Richfield's existing fire prevention code to bring it into conformance with the Minnesota Uniform Fire Prevention Code. The city attorney has prepared the necessary ordinance amendment to accomplish this change. A copy of the proposed ordinance amendment is attached for second reading consideration. Respectfully submitted, C "Lin Karl Nollenberger City Manager KN/ej a cc: Public Safety Director City Clerk LEGAL NOTICE Bill 1979-17 • AMENDMENT TO CHAPTER III, PART I, SECTION 3.09-OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Chapter III, Part I, Section 3.09, Subdivision 1 of the Ordinance Code of the City of Richfield, Minnesota, relating to the adoption of certain fire prevention codes is hereby amended to read as follows: "3.09 FIRE PREVENTION CODE. Subdivision 1. Adoption of Fire Prevention Code. The following is hereby adopted by reference as an ordinance of the city: [The Fire Prevention Code published by the American Insurance Association, 1965 Edition, as amended] The Minnesota Uniform Fire Code including the 1973 edition of the Uniform Fire Code and amendments to it and including the 10 volume national codes of the National Fire Protection Assoc- iation (1973-74). The provisions of such code are hereby adopted and • incorporated into this code as if fully set forth herein and shall be in full force and effect in this city, except as hereinafter specified. 0 t CITY OF RICHFIELD, MINNESOTA Office of City Manager • Council Letter No. 293 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Tabulation of Bids and Recommendation to Reject Bids, L/H/N Project Fence At the regular council meeting of August 13, 1979, the city council authorized advertisement for bids for fence installation along the north end of the new aligned 65th Street from one-half block east of Blaisdell Avenue to mid-block between Wentworth and Pillsbury Avenue. This fence is to be installed as part of the L/H/N public improvement project. The city manager opened bids for this work on September 20, • 1979. The acting public works director, environmental health director, engineering technician II and acting city clerk were also present at this bid opening.. The bid minutes and tabulations are attached for city council review. Two bids were received, one from Odland Construction, Inc. in the amount of $20,460, and the second from Viking Fence Co., in the amount of $23,998.65. a Quotations for this work which were received earlier this year indicated an anticipated cost to install the fence of less than $10,000. Since the bids received so greatly exceed the estimated project cost, it is the recommendation of the acting public works director, which I concur, that the city council reject both bids and authorize the city staff to purchase materials to construct this fence during the winter months with existing city personnel for site placement next spring. Respectfully submitted, Karl Nollenberger City Manager so KN/eja cc: Acting Public Works Acting City Clerk Planning & Redevelopment Director CITY OF RICHFIELD Bid Opening September 20, 1979 is Wood Fence City Project No. 705 Pursuant to requirements of Resolution No. 1015, a meeting of the administrative staff was called by Karl Nollenberger, City Manager, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids for a Wood Fence, as advertised in the official newspaper on September 12, 1979. Present: Karl Nollenberger, City Manager M. Raaen, Acting Public Works Director I. Roesler, Enviornmental Health Director A. Bailey, Engineering Technician II Sylvia K. Bergh, Acting City Clerk The following bids were received and read aloud: BIDDER AND BID SECURITY TOTAL BID Odland Construction, Inc. B.B. 5% $20,460.00 Viking Fence & Construction Co. B.B. 5% $23,998.65 The City Manager announced that the bids would be tabulated and considered at the September 24, 1979, city council meeting. Sylvia K. Bergh Ac°ing City Clerk 00 CITY OF RICHFIELD, MINNESOTA Office of City Manager 0 The Honorable Mayor and Members of the City Council City of Richfeld Council Members: Council Letter No. 292 Agenda September 24, 1979 Subject: Ordinance Amendment Relating to City Organization. First Reading There is an item on the September 24, 1979 city council agenda which relates to the adoption of an ordinance amending Chapter II, Part II, and Section 2.29, Part III of the ordinance code of the City of Richfield. This ordinance code is the enabling legislation for the structure of the administrative branch of the city govern- ment. It establishes the role of the city manager expanded from the duties assigned by city charter and establishes the various departments of the city organization. The ordinance enclosed with the council packet establishes the six departments of the city as we have been discussing in the 1980 proposed budget. The organizational format has been the subject of many hours of discussion since July 1 by the city council and the city staff. The major four program areas of community services, administra- tive services, public safety and community development are established by the ordinance with the functional activities assigned to them. In addition, the legal department and liquor stores department are main- tained as separate departments as has been discussed with the city council. The new ordinance does not specifically establish the divisions within the program areas, but allows them to be established by resolution of the city council. This provides a means by which the city council can annually, when they are adopting the subsequent year's budget, authorize organization for activities within the de- partments. Due to the fact that the city council has had so much discussion concerning this organizational effort, I will not go into the details of the activity allocation unless the council has questions at the city council meeting. Respectfully submitted, YS,.; .ti Karl Nollenberge? City Manager KN/eja cc: Personnel Director AMENDMENT TO CHAPTER II, PART II, AND SECTION 2.29, PART III, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD. CITY OF RICHFIELD DOES ORDAIN: Chapter II, Part II of the ordinance code of the City of Richfield providing for the structure of the administrative branch of the city government is hereby amended to provide as follows: "2.13. CITY MANAGER. Subdivision 1. General. The manager is the chief administrative officer of the city. He is responsible to the council for the super- vision of all departments and divisions of city administration except where otherwise provided by law. He shall prepare and distribute to department and division heads such rules and regulations as he deems necessary for the orderly and efficient conduct of city administrative affairs. The manager shall periodically review the administrative structure of the city and may recommend to the council changes in the administrative organization of the city. Subd. 2. Specific Duties. The manager nt r the get.] shall have those resoonsibilit_es assigned to him by th e city charter. He may employ an administrative assistant and such other employees including an administrative intern as are neces- sary for the execution of his duties. The manager's personal office staff is a separate department of the city administrative service[.] to be known as the Executive Department. '2.24 [ EPARTMENTAL ORGANIZATION. The administrative servi? of the city is di.'ded into the following additional departments a divisions and h eads th eof: Finance Depa tment - Director of Finance Division Clerk-Treasurer - Clerk-Trea rer Division of ssessor - City Assessor Division of A ounting - City Accou ant Public Works Departme t - Director of P lic Works Division of Engine ing - City gineer Division of Streets a d Sewers - Superintendent of Streets and Sewers Division of Inspection - of Inspector Division of Water - Wate Su rintendent Municipal Liquor Store - Li or Sto Manager Public Safety Department Director of blic Safety Police Division - olice Captain Fire Division - ire Chief Civil Defense ivision - Civil Defense Dire or Administrat' e Services Division - Director o ublic Safety Legal Departme - City Attorney Health Depart ent - Health Officer and Sanitarian Planning D artment - Planning Director -2- P a nt - Parks anti t rinten ent of P eation Director s] 49 DEPART14ENTAL AND-DIVISIONAL ORGANIZATION. Subdivision 1. The administrative branch of the city is divided. into the following additional departments and heads thereof: Administrative Services Department.- Director of Administrative Services Public Safety Department - Director of Public Safety Community Services Department - Director of Community Services Community Development Department - Director of Community Development Legal Department - City Attorney Liquor Department - Liquor Store Manager Subd. 2.", The divisions within the foregoing departments shall be such as are from time to time established by resolution of council based upon the recommendation of the city manager. "2.15. GENERAL DUTIES OF DEPARTMENT AND DIVISION HEADS. Subdivision 1. Administration. Department and division heads are the administrative officers of the city. They are responsible for the efficient administration of their respective departments or divisions and shall inaugurate, with the approval of the manager, whatever practices, programs and procedures are necessary to ful- fill that responsibility. Subd. 2. Assignment of Duties. The manager may assign the same individual to head two or more departments or to head [a] one or more divisions within a department. The manager may be a depart- ment head. Such department head shall perform such additional duties as may be assigned him by the manager. "2.16. FINANCE DEPARTMENT. Subdivisio 1. Duties of Director. The director of fin ce is responsible t the manager for the organization, plnng, adminis- tration and coo*dination of the financial affairs a the city. Subd. 2. Division of the Department of Fin ce. (1) Division o Clerk-Treasurer. T division of clerk- treasurer is supervise by the clerk-t asurer, whose duties include, in addition to those im_ sed by law on city clerks and treasurers, acting as secretary to th counci and filing and maintaining all city records. He is respo ibl for the safekeeping of all city funds and shall maintain as may be required (2) Division by the city assess, for the maintenanc the systematic taxation purp es. such reco s by the re t of A essor. er. He is res of whatever expeditious a of the financial affairs of the city or of finance. The assessor's division is supervised p si.ble to the director of finance sys m of records is necessary for ssess nt of property for general (3) vision of Accounting. The di the cit sion of accounting is supervis by the city accountant. He is r on%ble to the director of f' nce for the maintenance of general acco is of the city and the accounts of the various departments and divi '.ons.J -3- ADMINISTRATIVE SERVICES DEPARTMENT. Duties of Director. The director of administrative services is responsible to the manager for the organization, planning, administration and coordination of the administrative services of the city including those duties imposed by law upon city clerks and treasurers, acting as secretary to the council, maintaining all city records, safekeeping and managing of city funds, maintaining the financial records of the city, performirig the functions of city assessor, providing central personnel services relating to city personnel, providing central data processing, printing and supply services for the city, handling the business affairs of the water and sewer utilities of the city and such other matters as the city manager or the city council may specify. "2.17. [PUBLIC WORKS DEPARTMENT. S bdivision 1. Duties of Director. The director re onsible to the manager for all activities rel construction, maintenance and operation of public waste disposal facilities, city buildings, parks, rolling tock. He is.-further responsible for the city public works inspection program. of public works is ating to the planni ways, garbage and real property supervision o the Subd. 2. Di 'sion of Public Works Department. (1) Divi 'on of Engineering. The engineering div' ion is supervised by th engineer who is responsible to the rector of public works. His uties include the supervision o the preparation of all plans, speci cations and other engineerin documents incident to city construction p ojects, the supervision d inspection of city construction and m ntenance projects an such other duties of an engineering nature as y be imposed by e director of public works. (2) Division of Streets nd Sewe The streets and sewers division is supervised by the s eri endent of streets and sewers who is responsible to the directo of public works for the maintenance of all city streets, street-lig in systems, traffic control signs and devices, alleys, public w s, sew s and sewer systems. (3) Division of Inspe ion. The spection division is super- vised by the chief inspec or who is respo ible to the director of public works for the i ementation of the 'ty public works inspection program. e chief inspector shal supervise the inspection of all rk performed by the buildin plumbing, electrical, gas ' stallation and heating and vents ating inspectors to insure com lance with city construction regulat ns and state law. (4) ivision of Water. The water division is supe ised by the su rintendent of water who shall be responsible to th director of p lic works for the operation and maintenance of the city ater s em, including the water plants and meter system.) COMMUNITY SERVICES DEPARTMENT. Duties of Director. The director of community services is responsible to the manager for the organization, planning, adminis- tration and coordination of community services of the city including the ice arena, swimming pool, community centar, recreation activities, Wood Lake Nature Center, forestry activities, maintenance of amenity areas, maintenance of government buildings, operation of the central -4- garage, operation and maintenance of the parks, streets and sewer and water utilities of the city and such other matters as the city manager and the city council may specify. "2.1$. [MUNICIPAL LIQUOR STORE.] LIQUOR DEPARTYENT...-.The liquor store-manager-is . responsible:-to:.the manager.-for the operation- of the.city liquor stores. 11 "2.19. PUBLIC SAFETY DEPARTMENT. .] Duties of Director. The director of public safety is responsible to the manager for all activities relating to public safety including enforcement of state laws and city ordinances and the preservation of law and order in the city, the direction of fire fighting, fire protection and fire prevention activities of the city, the direction of emergency (^-dPfense) activities within the city, the assignment of personnel within the public safety department subject to applicable civil service laws, [?'1 the establishment of public safety training programs[.], the conduct.of all health and safety inspection programs, the providing of all support services for the foregoing functions and such other matters as the city manager or the city council may specify. The fire division is supervised by the director of public safety who is the chief of the division. There shall be one or more assistant chiefs in the division. [ ubd. 2. Police Division. The police division is supervised by th director of public safety.] [Subd. Fire Division. The fire division i upervised by the director. public safety who is the chief the division. There shall be on ore more assistant chiefs i he division.] [Subd. 4. Civil efense Division. he civil defense division is supervised by a civ' defense di ctor who is responsible to the director of public sa .] [Subd. 5. Administrativ S vices Division. The Administrative Services Division is s ervise by the director of public safety. Employees within suc division s 11 provide all support services not constituting 're-fighting or c 'minal law enforcement, to the other three div' ions of the public sa ty department. Such support may i lude secretarial services, adio dispatching, community s vice officer activities, and tr nees who are not in classifie civil service positions. Employees oviding such support ervices within the public safety departure at the time of th adoption of this subdivision shall be assigned o the adm' istrative services division. Any employee of the p ice or fi e division who are so assigned shall retain their civil rvice atus if their appointment was made pursuant to civil servic .] "2.20. LEGAL DEPARTMENT. The city attorney is the legal advisor to the council and the manage-. He is responsible to the manager for administrative matters affectif the legal department. The city attorney shall represent the city in legal proceedings to which the city is a party and perform such other functions of a legal nature as the council may direct. -5- I 0 0 "2.21. HEALTH DEPARTMENT. ' Subdivisio 1.* Sanitarian. The sanitarian is responsible to th manager for t e enforcement of the provisions of this code an fate laws affecting ublic health. He is responsible for the de lopment and execution of inspection program covering establis ents preparing, manufact ing, storing and handling commodi es intended for human consumption. Subd. 2. Health Officer. he health office- s the medical advisor to the council and the manag in matters fecting public health. He shall advise the sanitarian n the eparation of inspection programs, recommend to the manage ?propriate action for infractions of city health ordinances or st e alth laws, rules or regulations, and recommend the abatement nuisanc affecting the public health. The health officer shall e a doctor of icine licensed to practice in Minnesota. Subd. 3. Board f Health. Whenever the council solves itself to sit as the b rd of health, the health officer and sanitarian shall be -officio members of such board and shall ad e the board on mat rs relating. to health and shall recommend to the and such meas es for adoption as they may deem essential.] COMMUNITY DEVELOPMENT DEPARTMENT. Duties of Director. The director of community development is res- ponsible to the manager for the organization, planning, administration and coordination of the community development functions of the city including the administration of planning and zoning matters, the engineering activities of the city and the performance of administra- tive and technical services on a contractual basis for the Housing and Redevelopment Authority and such other matters as the city manager or the city council may specify. [2.22. PLANNING DEPARTMENT. ec or is resp ning a ] of S.111 [2 PARKS AND RECREATION DEPARTME The parks an r n or is responsible to the manager for the parks and rec on pro d rograms of the city. He is responsib r supervision of the activitie u erintendent -6- 9 • Chapter II, Part III, Section 2.29, Subdivision 1, is hereby amended to provide as follows: "2.29. DEFINITIONS.- Subdivision 1. Administrative Personnel. For the purposes of this chapter the following named positions shall constitute the department heads[, [ Department Heads: Finance director; liquor s manager, public wor director; park and recreation direc public safety director; envir ntal health director a anning director.) [(2) Assistant Depa e eads: Assistant liquor store managers, and assistant park and create director.] [(3) Sion Heads: City assessor; f inspector; street super' endent; parks superintendent; accountant;eering tendent.? a ociate; fire chief, civil defense director and water Director of Administrative Services Director of Public Safety Director of Community Services Director of Community Development City Attorney Liquor Store Manager" Passed by the City Council of the City of Richfield, Minnesota this day of 1979. ren L. Law, Mayor ATTEST: • 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 291 Agenda September 24,197` The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Special Use Permit and Off-Street Parking Contract Request for a Physical Education Facility Addition at the Academy of Holy Angels ft The Academy of Holy Angels is requesting a special use permit, and off-street parking contract to allow them to construct a physi- cal education facility addition adjacent to their existing facility at 6600 Nicollet Avenue. Holy Angels is proposing to build a 14,970 square foot addition to house a gymnasium and locker rooms. The additional will be loca- ted 20 feet west of the existing Holy Angels building and will be connected to the north wing by a connecting hallway. Exterior build- ing materials will be alternating brick panels and pre-cast concrete panels in a beige or sand color. Thy brick will match the existing brick romanesque building to the east. Earth berms and landscaping will be completed in the front of the building.- A 10-foot wide as- phalt fire vehicle access drive/pedestrian walk will be constructed from the existing parking lot south of the proposed addition to 66th Street. This access drive will have a drive-over curb at 66th Street to prevent use by general automobile traffic. The applicant will also provide additional freestanding fire hydrants within an adequate distance from all sides of the building. The existing access drive to the site from Nicollet on the south edge of the property will be widened to 30 feet. A bus loading and unloading area will be provided around the border area. The applicant has also agreed to provide the city with an easement for pedestrian and bikeway system along the western edge of the property. Zoning Ordinance Requirements Section 3.30, subdivision 2 requires use permits before locating in residence tion 3.41, subdivision 5 requires that it addition would not be detrimental to the that schools obtain special (R) zoning district. Sec- be found that the proposed public welfare. Council Letter No. 291 -2- September 24, 1979 0 Other Zoning Requirements Section 4.05 sets standards for off-street parking areas. Staff Findings 1. The proposal would be in compliance with the city's comprehensive plan. 2. The proposed addition should not generate a significant increase in traffic. The facility is intended to better serve the existing population of over 800 students. The improved facilities will allow more events to be held, but these events will generally be held in the evening and late afternoon when Holy Angels or St. Peter's do not have school classes in session. The improvements being constructed on Nicollet Avenue and 66th Street as part of the L/H/N project will insure that the streets will be able to handle any increase of traffic due to this proposal. 3. According to city parking guidelines, 280 off-street parking spaces should be provided for use on the site. Approximately 70 spaces currently exist on the site. An additional 400 spaces are available on the adjacent Church of St. Peter's parking lot. Holy Angels has entered into a limited agreement with the Church of St. Peter to allow Holy Angels to use the Church of St. Peter's parking lot on weekends and after 3:00 p.m. on weekdays. With this additional parking, sufficient off-street parking is available. However, the agreement expires on September 1, 1980 or upon 180 day written notice. If the agreement is ever terminated or if the Church of St. Peter ever expands its building which eliminates parking and/or requires additional parking, sufficient parking may not be available in the future. Either a permanent agreement should be worked out between Holy Angels and the Church of St. Peter for use of the parking lot, or Holy Angels has agreed to enter into an agreement with the city to provide 205 additional park- ing spaces to city standards if this existing agreement with St. Peter's is ever terminated. 4. The existing parking areas do not meet city parking lot standards. The Holy Angels parking areas do not meet city standards for surface material, perimeter curbing, striping, and site lighting. The Church of St. Peter's parking lot does not meet city standards for perimeter curbing, and site lighting. Holy Angels has agreed to repair all existing parking areas on their property and 10 to properly light them with a simple security light. The single gravel parking lot which has been in existence for 10 years will remain gravel. Council Letter No. 291 -3- September 24, 1979 5. There are existing access problems on the site. The existing access from Nicollet is narrow and can become . blocked during a fire emergency by cars leaving the site. Holy Angels proposes to widen this access and provide a secondary fire vehicle access from 66th Street to help alleviate this problem. The fire vehicle access will be designed to appear as a pedestrian way with a curb at 66th Street to prevent general automobile use. The access should be designed to protect the public improve- ments along 66th Street. Its alignment should protect existing trees while providing proper fire vehicle access. The Church of St. Peter's parking lot would be connected to the existing Holy Angels access drive to provide additional access to the site. This connection will be chained off prior to 3:00 p.m. on weekdays to protect children who use the Church of St. Peter's parking lot as a playground. 6. School buses currently load and unload on 66th Street or Nicollet Avenue which poses safety and traffic flow problems on those streets. A bus turnout area will be provided for loading and unloading to eliminate the safety and traffic flow problems mentioned above. 7. The Academy of Holy Angels is one of the older, more impressive buildings within the city. Holy Angels wants to protect the quality and character of the structure and the open space on the site. The propsoed new structure will match or complement the color of the existing build- ing. The school will use a design which uses smooth concrete panels and brick panels to match the character of the existing buildings.. The existing character of the site will also be affected because a number of mature trees will have to be removed to allow construction of the proposed addition. A portion of the site along 66th Street is currently zoned general commercial C-2. This should be rezoned to residence R to protect the character of the site and also to protect the public investment in the L/1-1/N project. Holy Angels sees no need to do this because they do not intend to ever develop that portion of the site for commercial use. 8. Serious fire safety problems exist at the existing Holy Angels facility. Holy Angels and the public safety department have reached an agreement to resolve these fire safety problems. Planninq Commission Recommendation The planning commission recommends that the special use permit be issued with the following stipulations: 1. That the Academy of Holy Angels enter into either a permanent agreement with the Church of St. Peter for use of their parking facilities, or an agreement with 0 Council Letter No. 291 -4- September 24, 1979 city guaranteeing that an additional 205 spaces will be provided to city standards if the existing agreement with the Church of St. Peter is terminated. 2. That all new parking areas be upgraded to city stand- ards and all old areas be paved or blacktopped. 3. That the fire vehicle access drive from 66th Street be constructed with mountable curbs at both ends. Final alignment and the design of its interface with the public improvements along 66th Street should be approved by the city staff. 4. A connection to the Church of St. Peter's parking lot should be provided from the Holy Angels access drive. This connection should be chained off prior to 3:00 p.m. on weekdays. 5. A bus turnout lane should be constructed on the access drive to Nicollet Avenue to an alternative acceptable to city staff. 6. Brick which matches the existing structure should be used on the north and west exterior portions of the proposed addition. 0 7. The Holy Angels Academy and the public safety depart- ment arrive at a workable program to correct existing fire safety problems. 8. That fire hydrant design and location be approved by the public safety and public works department. Staff Recommendation In agreement with Holy Angels the staff would recommend that the special use permit be issued with the following stipulations to insure that the proposal would not be detrimental to the public welfare: 1. That the Academy of Holy Angels enter into either a permanent agreement with the Church of St. Peter for use of their parking facilities or an agreement with the cicy guaranteeing that an additional 205 parking spaces will be provided to city standards if the ex- isting agreement with the Church of St. Peter is term- inated. 2. That Holy Angels Academy and the public safety department implement a program to correct existing fire safety problems. is 3. That fire hydrant design and location be approved by the public safety and public works departments. Council Letter No. 291 -5- September 24, 1979 Off-Street Parking Contract . The staff recommends that the off-street parking contract be approved. Respectfully submitted, Karl Nollenberger City Manager KN/ e j a cc: Acting Public Works Director Public Safety Director Planning & Redevelopment Director 0 i 1 PEDESTRIAN EASEMENT -TO BE DEDICATED ALONG RAILROAD TRACKS --------- -- '' Ys, x f>Ni 2 fl V38 I i i 0 N ' O c I . m x N r fl m e f . z I I %i z<l "-""--- ' f , J -.-- O , C I ? r -r T' i Z fl I rI ' f i11 m m ? v m 1 CU D m o r- 0 -? n 0 m rn ?l m o c = ? Z o o ? z Az m * ? II im a ;r o ry o Z ill 1 N O ? ? i? ?j) r ` II 1 ' i i I I I SPECIAL PL--P N,IT PLAN NCOLLET AYE ` HOLY ANC-ELS AT(,LET" FACILITY. o o IE KLr?=fl D-SIGN: RS - BUILDERS - DEVELOPERS L D, F. - .... cl, OiA ??- 'S`am-i?d0i3/??O • S?a?011i 13 SF_'?^:?',S=? ox?i-E- n t f r 4 I_ O J_ m z F-- N X W l?_?_f1.7CJ 0l1? i, ;1C 51Z;DNV 110H ?fvCld -LIJQU3d 1CI03dS r a0 - - o? as ze 24 65 W ----- \I 8 2 _ J - 1 THE HUES SHOPPING CENTER N 12, 7 B'-"_r 9 - - - ST II ? _ z :D --Li U R'ALRI h1 L'?B S Lli DIRO 'IA A9 Ali, -Atf,< l_?? w G l- -' 4 3i -' v Q 3 Ji qT CT SIGNATURES ON PETITION 6 3 P .r 5 r a I LICENSE AGREEMENT The parties hereto are as follows: •nb, '- `t.e ,-g,^=y Corroratior.. , (hereinafter "Holy Angels") and ,(hereinafter "St. Peters"). WHEREAS, Holy Angels is the owner of several buildings located at WHEREAS, Holy Angels property is immediately adjacent to property owned by St. Peters; • WHEREAS,'a portion of the property owned by St_ Peters is used as a parking lot, which property is more particularly ri.- he ._o,_ described as follows: The -.,rest of the ,?,h z of the ? south 1: of the ?, a no_ s of the southwest ?z except roads are, e= -e-pt ,:est 25 feet the_eof. Saction 27, to,•mship 28, range 24. Plat LU27, pa_'•c;el 3512, district 1.2. WHEREAS, Holy Angels does not have sufficient parking facilities for the parking of cars for various events held at Holy Angels; WHEREAS, in connection with the construction of a new gymnasium, the City of __ icnf:el? --is requiring that Holy Angels acquire additional parking facilities. C WHEREAS, because of mutual considerations, St. Peters is willing to allow its parking lot area to be used by patrons of various Holy Angels events, provided that St. Peters is held ? i J . harmless from any claims for damage to property or injuries sustained on the parking lot property by patrons of Holy Angels' events. IT IS HEREBY AGREED AS FOLLOtr'S : 1. St. Peters hereby grants Holy Angels and the patrons of Holy Engels a license to use that certain parking 6720 P;icoilet pie. lot located at itheabove ^e'^1=or the purposes of parking only lot for events sponsored by or under the control of Holy Angels. 2. In consideration of the license granted at para- graph 1 above, Holy Angels agreed to indemnify and hold St. Peters harmless from any and all causes of action or claims for damages or personal injuries that arise on account of or in connection with the use of the parking lot property by patrons of Holy Angels' events unless such damage or personal injury was caused solely by the negligence of St. Peters and Holy Angels further agrees to maintain public liability insurance in the amount of $ 250,000 .for property damage and in the amount of $ 1,000,OCO for injuries suffered by one person or $x,000,000 for injuries suffered in one incident. Such insurance shall provide that St. Peters will receive written notice, at least 10 days prior to the cancellation of the insur- ance policy in question. 3. This agreement shall continue until terminated in writing by either party giving 180 days written notice to the f ? ?i other party. '. STATE OF MINNESOTA),, 4. All notices required to be given under the terms of this agreement should be given at the follcwi'ng addresses: Holy Angels St. Peters 6600 Nicollet Ave. 6720 Nicollet Ave. Minneapolis, MN 55423 Minneapolis, :SIN 55423 HOLY ANGELS e-??2 Imo) By Its ST. PETERS - 1 Its COUNTY OF ) The foregoing instrument was ackno,,., e ?ed before me this day of 19 7 8, by 7 2u.L?ti_,1 ti4 m-?--- _ t h e of Holy Angels. NO h` ?.i ?r? nnnnnnnnn ¦ L'ARLYi SOLI e 40TARY PU9LIC - miNsES01A HF'NN=Pfr4 CCi TY hiycornmi"W;1expires lur?Z1, 1980 xVW`/V'/W?yVyyV?n'VWWWV.VVYVVVW? K STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was c}nowledge be ore me this d 0f01 197 8 , by ..? -;;the r- of St. Iet s. --I 1 - . TN 3 Notary Pu ?l c x hM?1v?^M/ r MAAIS SOLT W:TARY P''6L1C - MINNESOTA r1 r1;f1!,Er,:: rC C:TY hlrcorn'n?s;u:,Expnkslar.btl, 1'??0 x vwv`vw?v,?v?wv,iw?vwwtiw,iv,Nw r a. C? .I"/THE CHURCH OF SAINT PETER 67,30 NICOLLET AVENUE, MINNEAPOLIS. MINNESOTA 83423 July 31, 1978 The Church of St. Peter hereby grants permission to The Academy .of the Holy Angels to use the parking facility owned by The Church of St. Peter. Both institutions have been identified by their legal corporate title. The r3c conditions under which this permission is being granted are as follows t r 1) The term of this agreement shall be from September 1, 1978 to September 1, 1980. This agreement shall be reviewed during the month of May, 1980 to determine whether renewing • this agreement is necessary or advisable, 2) This agreement encompasses only those activities sponsored by the Academy of the Holy Angels which take place after 3:00 in the afternoon on school days. Weekend activities are included in this agreement with no restrictions on time. 3) The insurance carrier for The Academy of the Holy Angels shall submit to The Church of St. Peter a certificate of liability coverage that includes The Church of St. Peter as an additional insured with respect to the use of the parking facility. This is to be or. file before Sept. 1, 1978. (Rev.Joseph G. Kivel (Sr) Susan 0eff3ingg Pastor Co-principal ?i Michael Donlin Co-principal ?3 i 1 5 4 ' Q Z 64 ST. < l09 I lO, • j ' 2 II 4CC 65 th 66 th 7`2 ° F? F1 9 :2 7 -, Q Q 6'?t h 2? 'I F- 1 ir(I 2 1 ?e ? 16I 19 - „? JEEIJ LLi o Q `? ? A Q jt Q. 2 IV16'?' bL[ FT9 Z U oj? 9!Z C7- 9 ,^ B 3 _}. CL _ 8 13 .. I? _ I4 -r U) - - ;4 1 I 2nd 1 f- z 4 JI ?o ?\ Q ' ? -' ' \X, w 9.??5 ?? Q 6 15 -„ 5 5 ? Land Use Mao ST (RALiiW n r N?ll L <BAC, - L-J 11 -- IT - X11 0 = ?_ 1,TJI 6'8 th S T. 44/ F, 77- SINGLE FAMILY \1 ee 1 ?yy CONWERCIAL/ MULTIPLE FAMILY INDUSTRIAL VACANT -J J ? z- PUBLIC; INSTITUTIONAL I 14-L i ?? X- ? I S J I W ? f RLIS , J ?L 1 [Ij'i ?13•.t s 54 .6 1 -I} 1? -+ 4 1! I`1 p?2o-J, _Jf^iS4CVT=?r w _ I2i? X_ I QI __.. VT 11It•? Gam' rYCa 7wr _: .. ST.. III li?,l7 ?/ •, j • <? f "-:?f Z ---fT7 ir? k J I _ I. I --?y-?,,??±'--R'_?!T+? -l ??'?`? ••'_?- r 71 GENERAL INDUSTRIAL 1 - ~ L Z, I r": I : ?2 i p LIMITED BUSINESS Go GENERAL COMMERCIAL .l W1-._?.' '/2-- STREET .p.1`1' - a I' - ,x, I j 65 th- - - -GQUidTY-: F' • J Q + K`^ c{ z; 1. e ROA D??'- , -. - em;. Site t7t cn o, z r ST. 1 f. x Z? -- _J 6 w p 1 J 24 1 7r: is 23; l o O u n (412 5 _' " t4- 14 4• 1 371 ,'a 4'? I i •a ok?yAV?6J Il i m I LPH OLLENbACK'Ss i?j mac' r rSS^p! JcS. Li „ s. ` Z e ww ?' t t ?r+? Z ?S' lit! 5 ?s s,z'a W s 3? ?s 3 b? :.Ix `'4 1 i sS l `I°i nsADDITION s i6"5AK!4:'A O 4 `= r -' 4...<? j .I .i! i'_tir 3 y ..? ?. ?{.'?`?4 '1?' 3 rI c? ??? ?a IK°•° 14 f. {y :.llv 1.{5 ?1 ?111YY??Y???...... {• ,:! 1'tt.ll.I_? Se ST. '.-: 1""?_r. fxT-•?i? ?1{?•<2. 1- b+i •Y? J L. y 1? T fk` j) 1p u ti +] t ?_? fT ( =t? ri d??s ,,z` I u '? ?3'S0.' J?ti?51 y..t. ,y. ? h''?: Yi2rtr 1 ?y t1 ti il?yt. ?.p SLYSIp? MULTIPLE RESIDENCE ST. - w 0 • 0 3 - ? J L \ ....... a ? ? - p CITY OF RICHFIELD, MINNESOTA Office of City Manager f Council Letter No. 290 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Purchase in Excess of $1,000, Sign Relocation Lyndale Avenue Easement Area The city council on September 10, 1979 approved a contract to provide for moving a fence and light post off the easement strip being acquired next to the Lyndale Garden Center to complete the Lyndale Avenue improvement project.. In addition to moving of the fence and light posts, it is also necessary to move the two free-standing advertising signs in front of the building. Each sign has electrical lighting from the Lyndale Garden Center. Be- cause the city is acquiring an easement from the Lyndale Garden Center for improvements to Lyndale Avenue, the city is required . to pay for the relocation of this property from the easement area. The following estimates to move these signs have been received: 1. Signcrafters, Inc. (including 2. Nordquist Company Electrical work estimated at 3. Attracta Sign, Inc. Electrical work It is recommended that the city council Signcrafters, Inc. in the amount of $2, relocation. electrical) $2,184 $1,575 750 $2,325 $1,945 787 $2,732 accept the quotation of 184 to undertake the sign Respectfully submitted, Karl Nollenberger City Manager KN/ ej a cc: Acting Public Works Director City Clerk Planning & Redevelopment Director CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 289 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Request for Zoning Ordinance Amendment to Allow Punch Presses with Rated Capacities Over 20 Tons in Industrial (I) Zoning Districts Mr. Mike Scherling, of Cedar Industries, 6311 Cedar Avenue, has requested that Section 3.34, subdivision 1, paragraph 12 of the zoning ordinance be amended to allow punch presses up to 150 tons rated capacity. The zoning ordinance currently limits presses in an industrial district to 20 ton capacity. The staff has recently learned that Mr. Scherling has been • operating presses up to 150 tons for a considerable length of time, and has advised him that it is necessary for him to request a change in the ordinance if his operation is to be permitted to continue. The staff and council members have received numerous complaints from the adjacent airport pet hospital concerning noise and vibrations resulting from the press operation.. The following items are attached to this council letter: 1. Letters from Cedar Industries 2. Petition from Airport Pet Hospital 3. Existing Ordinance Staff Recommendation Because Mr. Scherling's request is a land use matter, it is the opinion of the staff that this matter should be referred to the planning commission for study and a recommendation to the city council. It is, therefore, recommended that the city council accept Mr. Svherling's request, and refer the request to the plann- ing commission. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Planning & Redevelopment Director ` ' 0 CSI I I NC. 10 6311 CEDAR AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55423 WELDING METAL STAMPINGS TUBE FABRICATION recz -,);?cc uI y 1•2qut t_1 t tilt City of icic f ld c'1a_)t?r 3 .Dart IV. ect'c:-l .`4, =7t:hdivis_o' City o!_ L _chf ie?d Rick Jookc? and `700 ?otLand :`v }o. ?iiCl1 tir. Jo;D;,e: `le Ordina_I is, 7a capac-'ty. Cedar InduQ t? eS 612 - 86 9-24 92 612 - 869-6009 I_lc . i s I?Ql Int C1:11. o')2l:at'? 1 ccrl')].latlc' t') t: C_ty ^.t,i.r?L%1? _?it^ -`1 ."S i `_1c ?•7? nEtVP ?1UC? Your ?dl`ii iLtent]_o']1 '7ouId greatly ' rn ?c L cite . Cad I .dui ti iec I.lc e_ I :? Sch;?rli:? % 0 1 ' D DUSTRI INC. 0 WELDING METAL STAMPINGS TUBE FABRICATION 6311 CEDAR AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55423 612 - 869-2492 612 - 869.6009 S it. L1 1.)/9 • C _Cy of i'lC n i old G,2-1tIemC 7): T;7- ;ai e fu ru _':z h _r1` -lie fc l lc^7-.71`; 1_17L of Pu1:?c ? P e, s es icco ted __t I! C-d..I I,! cc", Lot Of N-2z.= Ford 1 ora,a . Tc:z 1-7 Tc i I Toy l To-i l-'?7 To l -? ^ TC-.1 ? _^ ^ rrcn ?-5 Tc 1 - TCn i 07) I -77 Tca YLc° / ,r?J .?, c:? i t cz l li fS! f Tc--i A, rI,c.? T -?? To-1 ^ - 1.c 0 f Petition to the Richfield City Council- and Mayor • A petition to the Richfield City Council is hereby submitted by the undersigned, in order to request the denial of a Special Use Permit to Cedar Industries, Inc., 6311 Cedar Ave. S., Rich- field, Mn. 55423, for the operation of press machines, unless this industry complies with the Richfield Ordinance pertainig to noise and vibration. Cedar Industries, Inc., hash een operating their press machines during the week from 7:00 AM to 2:00 AM for the last two months, without a Special Use Permit. The Special Use Permit is required for the operation of press machines with capacity of over 20 Tons: Ordinance 3.34, Sub. 1, Article # 12, page 69 of the Richfield Ordinance Code. Cedar Industries, Inc., has been operating press machines of one-hundred Tons, one-hundred-ten Tons, and one-hundred-fifty Tons, without this Special Use Permit. The operation of these machines has been causing noise and vibration in our building which is interfering with some of our working laboratory tests, resting periods, and general well being, in violation of Nuisance Ordi-.nance 10.01, Sub.l, Article # 1, and Sub. 4, Article # 5 of the Richfield Ordinance Code. • We, the undersigned, who work and rest at 6301 Cedar Ave., S., Richfield, Mn. 55423, Airport Pet Hospital, adjacent to Cedar Industries, Inc., present this petition to the Richfield City Council asking for denial of the Special Use Permit to Cedar Industries, Inc., for the operation of the press machines, unless the presses are shock mounted or otherwise isolated to eliminate the noise and vibration nuisance. We, the undersigned, also request the denial of the proposed amendment. and variance to the Ord.3.34, Sub.l, Art.'12, to Cedar _Industries,_Inc,, Very truly yours, Sept. 14, 1979 (_?' it).-) tvcz?? Dr. W. D. Blaine Dr. L.M. Wendland 47 C. Dr. R. Brannian A.P. Farmer 4A I J.E. Bielke P.J. Johnson • L.C. Blaine R. Von Mosch I 3.34. USE REGULATIONS FOR INDUSTRIAL DISTRICT (1) Subdivision 1. Permitted Uses. In the "I" district, unless otherwise provided in this chapter, no building or land shall be used and no building shall here- after be erected or structurally altered except for one or more of the following uses: (1) Any use permitted in a "C-2" district, subject to any procedural requirements applicable in the "C-2" district. (2) Wholesale businesses and warehouses. (3) Automobile assembly or major repair. (4) Creamery, bottling plant, ice cream manufacture, ice manufacture, cold storage or milk distributing station. (5) The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products, except fish, meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils. (6) The manufacturing, compounding, assembling or treatment of articles or merchandise from previously prepared materials such as bond, cloth, cork, fiber, leather, paper, plastics, metals, or stones, tobacco, wax, yarns and wood. (7) Manufacture of musical instruments, novelties and mouldec rubber products. (8) The manufacture or assembly of electrical applicances, instruments and devices. (9) Manufacture of pottery or other similar ceramic products, using only previously pulverized clay and kilns fired only be electricity or gas. (10) Laboratories - Experimental, film or testing. (11) The manufacture and repair of electric signs, advertising structures, light sheet metal products, including heating and ventilating equipment. C (12) Blacksmith, welding or other metal shop, excluding punch presses over 20 tons rated capacity, drop hammers and the like. (13) Laundries, bag, carpet and rug cleaning; provided necessary- equipment is installed and operated to effectively precipitate or recover dust. R (14) Building materials sales yard, retail lumber yard, contractors storage yard, contractors equipment sales and rental, storage and sale of food or fuel, provided dust is effectively controlled and storage yard for a delivery or draying service. (15) Foundry casting light-weight nonferrous metals or electric foundry not causing noxious fumes or odors. (16) Inflammable liquids, underground storage only, not to exceed 25,000 gallons, if located not less than 300 feet from any "R" District. (17) Any necessary uses customarily accessory and incidental to a permitted use. • 4/8/68 ORDINANCE CODE 60, CITY OF RICHFIELD, MINNESO fA 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 288 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Traffic Control Requests 0 • traffic control devices. The Traffic Control Committee met on September 18, 1979 to review pending traffic control requests. A copy of the meeting minutes and requests for these traffic control devices is attached for council review, along with a summary.of the criteria adopted by the council for the committee to use in reviewina requests fnr The committee has developed the following recommendations for city council review: 1. Request for stop sin, 72nd Street and Bloomington Ave. The committee recommends that this request for a stop sign be denied, since the criteria warranting install- ation of a stop sign are not met at this intersection. 2. Request for stop sign at 77th Street and 14th Avenue The committee recommends that a two-way stop sign be established at this intersection to stop 14th Avenue traffic at 77th Street. The committee's recommendation is based on the severe sight obstruction which exists on the southwest corner of this intersection, from a screening wall erected around the parking area estab- lished on that corner. 3. Request for stop signs at 64th Street and Grand Ave- nue, and 64th Street and Harriet Avenue The committee recommends that the request for stop signs on 64th Street and Grand and Harriet Avenues be denied, since the criteria warranting installation of stop signs are not met at either of these intersections. However, the committee recommends that 64th Street be- tween Lyndale Avenue and Grand Avenue be posted to prohibit through traffic over three tons per axle. This load limit would alleviate part of the commercial traffic which the petitioners have expressed concern about. Council Letter No. 288 -2- September 24, 1979 4. Request for stop signs at the intersection of Xerxes Avenue and West 70th Street The committee recommends that the city staff contact the city of Edina to request their cooperation in in- stalling stop signs on 70th Street at Xerxes Avenue, and that the City of Richfield install a stop sign on West 70th Street at Xerxes Avenue only if the City of Edina installs a stop sign on their side of the 70th - Xerxes intersection. The petitioners who requested these traffic control devices have been notified of the committee's recommendations and advised that the city council would be reviewing these recommendations at the September 24, 1979 city council meeting. Respectfully submitted, Karl Nollenberger City Manager KN/ej a cc: Acting Public Works Director Public Safety Director Planning & Redevelopment Director 6 TRAFFIC COMMITTEE MEETING September 18, 1979 Present: Capt. Ron Richardson, Joyce Wilde, Marshall Raaen The traffic control committee met at 3:00 p.m. on September 18, 1979 to review several pending traffic control matters. Committee members had been provided with copies of petitions and letters requesting the traffic control items under discussion at this meeting prior to the meeting. The committee reviewed the following items: 1. Request for stop sign, 72nd Street and Bloomington Avenue: J. Wilde presented a letter that had been received requesting that the city consider installing a stop sign at the intersection of 72nd Street and Bloomington Avenue.. M. Raaen observed that traffic volumes at this intersection were minimal, although the proximity of this intersection to that of Diagonal Boulevard and Bloomington Avenue presented unusual traffic patterns which might be a factor in reviewing this request. R. Richardson presented an accident analysis for this intersection which indicated that only five accidents have occurred at this loca- tion since 1972. The committee voted to recommend that this request for a stop sign be denied, and that the criteria warranting installation of a stop sign are not met at this intersection. 2. Request for Stop sign at 77th Street and 14th Avenue: J. Wilde presented a letter requesting that the.committee con- sider installing a stop sign at 77th Street and 14th Avenue. She observed that the petitioner is concerned with this inter- section's visibility blockage which resulted from the large screening wall on the parking lot on the southwest corner of the intersection. M. Raaen observed that the wall had been required as part of the addition of the off-street parking contract for the adjacent. apartment complex, in an effort to diminish the aesthetic deterrents which a parking .lot would present to that neighborhood. R. Richardson presented an accident summary for the intersection which shows that 13 accidents have occurred at this site since 1972. J. Wilde observed that the accident history, although not meeting the exact conditions stipulated in the traffic control warrants, was consistent, and that during any 24 month period since 1972, the accident record has come close to meeting the five accidents per 24 month period provided for in the warrants. The committee voted to recommend that a two-way stop sign be established at this intersection to stop 14th Avenue traffic at 77th Street. The committee's recommendation is based on the conclusion that the site obstruction.on the south- west corner, and the consistent accident history meets the intent of the traffic control warrants. 3. Request for stop signs at 64th Street and Grand Avenue and 64th Street and Harriet Avenue: J. Wilde presented a petition which had been received from residents in the 64th and Grand, and 64th and Harriet area, requesting installation of stop signs on 64th Street at both Grand and Harriet Avenues. She observed that the petitioners also expressed concern with truck traffic on 64th Street through that area. M. Raaen that traffic volumes through. this inter- section were very low, although he had observed a number of commercial vehicles using this portion of 64th Street. R. Richardson presented accident summaries which indicated that only three accidents have occurred on the two intersections since 1972. The committee recommended that the request for stop signs at 64th Street and Grand and Harriet Avenues be denied, in that the criteria warranting installation of a stop sign are not met at these intersections. M. Raaen suggested that this ppr-tion of _h Street could be posted to establish a load limit which would effectively prohibit the commercial traffic about which the petitioners expressed concern. The committee voted to recommend that 64th Street between Lyndale and Grand Avenues be posted to prohibit through traffic of more than 3 tons per axle weight. 4. Request for stop signs at the intersection of Xerxes Avenue and West 70th Street: J. Wilde presented a letter requesting the installation of • additional stop signs at the intersection of Xerxes Avenue and West 70th Street.. M. Raaen observed that Xerxes Avenue traffic is presently stopped at West 70th Street and that the additional signs would provide for stopping of 70th Street traffic. The committee discussed the necessity to provide either a two-way or a four-way stop sign control at this inter- section, and agreed that no stop signs should be installed on Richfield's side of this intersection on 70th Street unless the City of Edina installed a stop sign on their side of this intersection. The committee directed the Edina to determine whether a stop sign on 70th Street further voted to recommend stop sign at 70th Street a Edina installs a stop sign and Xerxes Avenue. chairman they are and Xerx that the nd Xerxes on their to contact the City of interested in installing as Avenue. The committee City of Richfield install a Avenue if the City of side of West 70th Street 7533 Bloomington Avenue Richfield, Minnesota 55423 29 August 1979 Municipal Building (Attentions Director of Public Safety) 6700 Portland Avenue Richfield, Minnesota 55423 Dear Sirs I would like to bring to your attention the potential hazard of two traffic intersections here in Richfield and recommend the installation of STOP signs at both. The first hazard is at the intersection of 72nd Street and Bloominglorn Avenue, In this instance, when moving North on Bloomington and approaching 72nd Street a driver is blinded from traffic from either the-East or-West in addition to the traffic coming from the Best off Diagonal Blvd. I think their should be stop signs on both sides of Bloomington where 72nd crosses. The second hazard is at the intersection of 14th & 77th. In this instance, when moving East on 77th and approaching 14th there is a wall that blinds you of the traffic from.the right. In this case a stop sign at either one of the two streets would remedy the possibility of an accident. I appreciate your time and hope that you can remedy both of the above situations, If left unattended, I know it's just a matter of time before something happens at these two inter- sections. Thank you. Sincerely, John Gullickson I ------.???. •----=tee- ??.??-?-.y -?-ate ?e,?aea??-?_- ??c?"?o - _ __ ---- 000, I 2 V3 0 Cl,Ei %II/E ZM/0 ZSlGM60 2ESI026AI S OF IPICHFIELD? XCQUC-57" OF T!4,c-e 0 my 1 7NE 1A)s-r4 A:n6Aj OF S7UW SIUi )S iN 0arL AICCGrN/3ay<ttoo?. 746 W&7-k4 -SourN Carwt--W S OF (1. q T14 "D &Z/Wb s4VC. 6-JO (Oql-7 f}Nl? (?fNut? c7T &-t;:.'$,ze 5tk" sTCo j A5 W(5(t--ASS fWSI GL. I THE (,JEST Cd&mc?Iz. 4F ( 3 rLD. ??ov 444Z/z,?-F i ez, 6r24Au D . I.JC' AC.SO 2EQuC`-Sr P1Z0ll l&)C-ti1T DISF1J17 OF LOAD LIMIT S(6N5 /4T GI3go 14No 66774 A-#j4 LYtJOALE. OUjZ NEI(,1413 ?ZHOOm tS (3C-IM6- USC--n As S66nTcur 6Y Tt2q FFlc sCc4clNCr 7-6 001D THE Sl6NHC. AT 6SZ1-I A7Jo LymC61.E . 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CE41 LDIZL49 IN TNIS /}2114 WC 61ZE C0XE-l NCp Gy T*6 /NCrWzPrSC0 AN-0 -SPGL-p/N'6. 7RA FFIC . 5O/ue L&kGE Tizucks H c- (45 -D Oulz 5712CGT"S A-40 cid ,cKe CoNe-& NCb A-wLcrA-Ny-7nruz KG /N THIS TfZAFF« AI}-06 POT&4T(A-c_. /3Y 774-6 NOW IC-MRv?-T' 'S7UXe- rN TH W77-riz(fSr Of Our,, of (A TH g-ND &ZA) 406. f D (0071 tWb ? ?cT &W. llyze SaG&CsTCO? f}5 w6LC-109s, 60'5SI 3 Ly , 7W6 C sr- c,JEST Cdh,U? n, 6F' (3 rzD.19 .) 4A-fZ&1 4ffT ciz Grz,+AJ D . l,Jc' Rt, so 12EQUE57- FF/Z.01M lNCti1 T DISRA. OF LOAD LIMIT SIGNS ,97G3rZ0 pt-No 6g77q A-tjn L yNnALE . )ottko& I9EO0U: Gj?E 45W_ rj? 7VC-SC SJ&J5 ?b t4LP SCDW tgt,10 L VU IT 'T2t} FFI C_ . 1 Z 4 5 J P- DDrzes S III 63 () S, &,^6( (-,, -) ?. k Cif? S Q tD cI i? 1S ?t &?3 C/ 6?- of czee- S - 0 L 55V 7- -3 0 .2,91I W70h SF 9CUI)IM 1 , ) 9 7 9 ) C?lave, -zo do z- c, Aar Cm a, cx? "rh t aovY L. O? et,? w?4z-c, i.Q i L p? 70 -' i d? -LV cii ,a icuc? anyc v2 a vw( "-dLz Q ' Akn, 44y- o72.E / 0.9, J o b 4?6? 'o--L 0 0 OFFICE OF CRIME ANALYSIS 72nd & Bloomington Avenue 77th & 14th Avenue 1972 - 1 1972 - 2 1973 - 1 1973 - 0 1974 - 0 1974 - 2 1975- 1 1975 - 2 1976 - 0 1976 - 1 1977 - 1 1977 - 2 1978 - 1 1978 - 2 1979,(through 9-19-79) - 3 1979,(through 9-19-79) -1 Total: 5 Total: 13 64th & Grand Avenue 70th & Xerxes Avenue 1972 - 1 1972 - 1 • 1973 - 0 1973 - 1 1974 - 0 1974 - 1 1975 - 0 1975 - 0 1976 - 0 1976 - 2 1977 - 0 1977 - 2 1978 - 0 1978 - 0 1979,(through 9-19-79) - 1 1979,(through 9-19-79) -1 Total: 2 Total: 8 64th & Harriet Avenue 1972 - 0 1973 - 0 1974 - 0 1975- 0 1976 - 0 1977 - 1 1978 - 0 1979,(through 9-19-79) - 0 Total: 1 LE 1 The Manual on Uniform Traffic Control Devices lists four criteria or warrants that should be reviewed in considering two-way stop sign install- ations. These criteria are: I s 1. Intersection of a less important road with a main road where application of the normal right-of-way is unduly hazardous. Where total traffic entering an intersection averages 500 cars for a 24-hour period the street with the larger volume should be classified as the main road and stop signs shall be installed stopping traffic on the minor street. 2. Street entering a through highway or street. It is recommended that this warrant remain as is. An example of this type of warrant application would be where residential streets enter into 76th Street, Nicollet Avenue, Lyndale Avenue, etc. 3. Unsignalized intersection in a signalized area. It is recommended that this warrant remain as is. 4. Other intersections where a combination of high speed, restricted view, and serious accident record indicates a need for control by the stop sign. High speed shall mean where one street is posted in excess of 30 miles an hour or where public safety department radar checks indicate that a substantial number of people driving are exceeding the 30 mile per hour speed limit. Serious accident record shall mean three accidents in a twelve month period or five accidents in a 24-month period. Four-way or Multi-way Stop Signs The Manual on Uniform Control Devices lists three criteria or warrants that should be reviewed in considering four-way or multi-way stop sign in- stallations. These criteria or warrants are: 1. An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multi-way stop installation in a 12-month period. Such accidents include right and left turn collisions as well as right angle collisions. 2. The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and 3. Potential obstructions and/or other street geometric problems that affect the safety of an intersection. lcp- 0 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 287 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resolutions Approving 1979 Revised Budget, 1980 Proposed Budget, and Cancelling Tax Levies At their September 18, 1979 budget hearing, the city council concluded review of the 1979 revised and 1980 proposed budgets, and requested that an item be scheduled on the September 24, 1979 city council agenda providing for adoption of the resolutions nec- essary to implement the 1979 budget revision and 1980 proposed budget, certifying the necessary tax levies to support the 1980 budget, and authorizing transfers from various improvement bond and debt service funds to cancel scheduled tax levies. Copies of those resolutions are attached to this council letter for your review. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Department Directors RESOLUTION NO. RESOLUTION ADOPTING A BUDGET FOR THE YEAR 1980 AND LEVYING TAXES • BE IT RESOLVP,D by the City Council of the City of Richfield as follows: Section 1: The budget for the City of Richfield for the year 1980 is hereby approved and adopted with appropriations for each of the departmentsto be as follows: GENERAL FUND Mayor-Council $ 403,739 Executive 153,511 Administrative Services 471,025 Community Development 320,329 Public Safety 2,717,789 Community Services 2,367,117 TOTAL GENERAL FUND $6,433,510 REVENUE SHARING TRUST FUND $ 205,390 Section 2: The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as • hereinafter set forth for the year 1980, including prior years' levies budgeted for 1980, as the same are more fully detailed in the City Manager's official copy of the 1980 budget, are hereby found and determined to be as follows: GENERAL FUND $6, 433,510 REVENUE SHARING TRUST FUND $ 205,390 Section 3: There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1979, payable in 1980, for the following purposes and in the following amounts: PURPOSE GENERAL FUND* AMOUNT $2,946,326 *Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees Retirement Association and the Police and Firemen's Relief Associations. Provision has also been made in the General Fund revenues for receipt of the local government aid distribution. The above general levv includes a debt service levv in the amount of $250,000 for Bonds of 1 • 1978. See separate resolutions on other Resolution No. -2- Section 4: The budget for the Housing a of Richfield,for the year 1980 is hereby There is here y levied upon all taxable Richfield a direct ad valorem tax in the 1980, for the fo,llowing purposes: nd Redevelopment Authority ratified and approved. • property in the City of year 1979, payable in PURPOSE \/ AMOUNT Housing and?Redevelopment 1/3 Mill Authority Relocation Informa- tion, service s and Assistance 1/30 Mill Section 5: A certified copy of this resolution shall be trans- mitted to the County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: • Sylvia Bergh Acting City Clerk 0 RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 1979 BUDGET OF VARIOUS DEPARTMENTS r? LJ • WHEREAS, Resolution No. 5966 appropriated funds for personal services, other expenses and capital outlays for each department of the City for the year 1979; and WHEREAS, Resolutions Nos. 6016, 6010, 6048, 6055, 6063 and 6068 made appropriations from the 1979 Contingency Account to various departments; and WHEREAS, The City Charter, Chapter 7, Section 7.09, gives the Council authority to transfer unencumbered appropriation balances from one office, department, or agency to another within the same fund at the request of the City Manager; and WHEREAS, The City Manager has requested a revision of the 1979 budget appropriations in accordance with Charter provisions and as detailed in the proposed 1980 budget document. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Section 1: That the 1979 appropriations for each department of the General Fund be amended to establish the following totals: GENERAL FUND Mayor-Council $ 200,828 Executive 164,227 Administrative Services 468,977 Community Development 302,981 Public Safety 2,676,554 Community Services 2,078,940 Encumbrances 26,841 Total General Fund $5,919,348 THE TOTAL DECREASE IS $ 119,079 Section 2: Estimated 1979 gross revenue of the City of Richfield from all sources, as the same are more fully detailed in the City Manager's official copy of the proposed 1980 budget document, are hereby revised as follows: GENERAL FUND $ 37,736 Increase 10 Resolution No. -2- Section 3: That the City Manager and the Finance Director bring into effect the provisions of this resolution. • Passed by the City Council of the City of Richfield, Minnesot' Loren L. Law Mayor ATTEST: Sylvia Bergh Acting City Clerk • 0 RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY IMPROVEMENT BONDS OF 1960 AND CANCELLING LEVIES OF IMPROVEMENT BONDS OF 1960 WHEREAS, Resolution No. 2862 provided for taxes to be levied for the payment of principal and interest on the Improvement Bonds of 1960, 'and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levy to be levied in 1979 by reason of transfer from the Water Utility Fund and that there are currently remaining sufficient funds available in the debt redemption fund to pay all remaining principal and interest on such bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $146 from'the Water Utility Fund to the Improvement Bonds of 1960 Fund is hereby authorized and directed. 2. That the amount to be levied in 1979, collectible in 1980 on Resolution No. 2862 in the amount of $2,750 is hereby cancelled. • 3. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk • RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFERS FROM IMPROVEMENT BONDS OF 1960 AND WATER UTILITY FUNDS TO IMPROVEMENT BONDS . OF 1961 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 2624 provided for the sale of $1,155,000 Improvement Bonds of 1961 and provided for taxes to be levied for the repayment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levies to be levied in 1979 to the extent that such reduction is possible by reason of transfers from the Improvement Bonds of 1960 Fund, and the Water Utility Fund, and WHEREAS, Such transfer from the Improvement Bonds of 1960 shall be from surplus monies not needed for the payment of principal and interest in that fund, and WHEREAS, Such transfers shall be charged to the Water Utility-Fund, and WHEREAS, The ad valorem tax levy requirements include a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $14,255 from the Improvement Bonds of 1960 Fund to the Improvement Bonds • of 1961 Fund is hereby authorized and directed. 2. That the transfer and appropriation.of $13,295 from the Water Utility Fund to the Improvement Bonds of 1961 is hereby authorized and directed. 3. That the amount to be.levied in 1979, collectible in 1980, on Resolution No. 2624 in the amount of $29,000 is hereby cancelled. 4. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND • TO WATER BONDS OF 1961 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution 2624 provided for the sale of $120,000 Water Bonds of 1961 and provided for taxes to be levied for the repayment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levy to be levied in 1979 to the extent that such reduction is possible by reason of transfer from the Water Utility Fund, and WHEREAS, Such transfer shall be charged to the Water Utility Fund, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $10,450 from the Water Utility Fund to the Water Bonds of 1961 is hereby authorized and directed. 2. That the amount to be levied in 1979, collectible in 1980 on Resolution No. 2624, in the amount of $11,000 is hereby cancelled. 3. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFERS FROM IMPROVEMENT BONDS OF 1959, IMPROVEMENT BONDS OF 1960 AND WATER UTILITY FUNDS TO IMPROVEMENT BONDS OF 1962 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 2726 provided for the sale of $2,500,000 Improvement Bonds of 1962 and provided for taxes to be levied for the repayment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levies to be levied in 1979 to the extent that such reduction is possible by reason of transfers from the Improvement Bonds of 1959 Fund, the Improvement Bonds of 1960 Fund and the Water Utility Fund, and WHEREAS, There is presently sufficient funds available in the Improvement Bonds of 1959 Fund and the Improvement Bond of 1960 Fund to pay all remaining principal and interest on such bonds, and WHEREAS, Such transfer from the Improvement Bonds of 1959 Fund and from the Improvment Bonds of 1960 Fund shall be surplus monies not needed for the payment of principal and interest on such bonds, and WHEREAS, Such transfer shall be charged to the Water Utility Fund, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, • Minnesota, as follows: 1. That the transfer and appropriation of $9,500 from the Improvement Bonds of 1959 Fund to the Improvement Bonds of 1962 Fund is hereby authorized and directed. 2. That the transfer and appropriation of $13,559 from the Improvement Bonds of 1960 Fund to the Improvement Bonds of 1962 Fund is hereby authorized and directed. 3. That the transfer and appropriation of $12,542 from the Water Utility Fund to the Improvement Bonds of 1962 Fund is hereby authorized and directed. 4. That the amount to be levied in 1979, collectible in 1980 on Resolution No. 2726, in the amount of $37,475 is hereby cancelled. 5. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, i Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk 0 RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO WATER BONDS OF 1962 FUND AND . REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 2877 provided for the sale of $1,500,000 Water Bonds of 1962 and provided for taxes to be levied for the repayment of principal and interest thereof, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levy to be levied in 1979 to the extent that such reduction is possible by reason of transfer from the Water Utility Fund, and WHEREAS, Such transfer shall be charged to the Water Utility Fund, and WHEREAS, The ad valorem tax levy requirements includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $98,990 from the Water Utility Fund to the Water Bonds of 1962 Fund is hereby authorized and directed. 2. That the amount to be levied in 1979, collectible in . 1980 on Resolution No. 2877, in the amount of $104,200 is hereby cancelled. 3. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND TO WATER BONDS OF 1963 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 3079 provided for the sale of $1,700,000 Water Bonds of 1963 and provided for taxes to be levied for the payment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levy to be levied in 1979 to the extent that such reduction is possible by reason of transfer from the Water Utility Fund, and WHEREAS, Such transfer shall be charged to the Water Utility Fund, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $117,135 from the Water Utility Fund to the Water Bonds of 1963 Fund is hereby authorized and directed. 2. That the amount to be levied in 1979, collectible in 1980, on Resolution No. 3079, in the amount of $123,300 • is hereby cancelled. 3. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER FROM WATER UTILITY FUND . TO IMPROVEMENT BONDS OF 1965 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 3442 provided for the sale of $2,000,000 Improvement Bonds of 1965 and provided for taxes to be levied for the payment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce such ad valorem tax levy to the extent that such reduction is possible by reason of transfer from the Water Utility Fund, and WHEREAS, Such transfer shall be charged to the Water Utility Fund, and WHEREAS, It appears desirable to cancel or reduce such remaining ad valorem tax levy to be levied in 1979 by reason that there are currently sufficient funds available in the debt redemption fund to pay in 1980 the principal and interest on the above bonds, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the transfer and appropriation of $20,000 from the Water Utility Fund to the Improvement Bonds of 1965 Fund is hereby authorized and directed. 2. That the amount to be levied in 1979, collectible in 1980 on Resolution No. 3442 in the amount of $110,700 is hereby cancelled. 3. That a copy of this resolution be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: • Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM • TAX LEVIES ON IMPROVEMENT BONDS OF 1967 FUND AND REDUCING CERTAIN AD VALOREM TAX LEVIES WHEREAS, Resolution No. 3901 provided for the sale of $275,000 Improvement Bonds of 1967 and provided for taxes to be levied for the payment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce ad valorem tax levies to be levied in 1979 due to the extent that such reduction is possible by reason of substantial prepayment of special assessments and the interest return on these funds, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NO9, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the amount levied in 1979, collectible in 1980, on Resolution No. 3901 in the amount of $3,500 is hereby cancelled. 2. That a copy of this resolution shall be sent to the Hennepin County Auditor. 0 Passed by the City Council of the City of Richfield, Minnesota this Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING REDUCTION OF CERTAIN AD VALOREM TAX LEVIES 0 OF THE REDEVELOPMENT BONDS OF 1977 WHEREAS, Resolution No. 5752 provided for the sale of $4,700,000 Redevelopment Bonds of 1977 and provided for taxes to be levied for the payment of principal and interest thereon, and WHEREAS, It appears desirable to cancel or reduce certain ad valorem tax levies to be levied in 1979 due to the funds on hand from tax increments from the Project Area exceed the amount necessary to pay principal and interest on such bonds, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the amount to be levied in 1979, collectible in 1980 on Resolution No. 5752 in the amount of $139,400 is hereby cancelled. 2. That a copy of this resolution shall be sent to the is Hennepin County Auditor. this Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk RESOLUTION NO. RESOLUTION AUTHORIZING A PARTIAL REDUCTION • OF CERTAIN AD VALOREM TAX LEVIES OF THE REFUNDING BONDS OF 1978 WHEREAS, Resolution No. 5836 provided for the sale of $6,500,000 Refunding Bonds of 1978 and provided for taxes to be levied for the payment of principal and interest thereon, and WHEREAS, Resolution No. certified an ad valorem tax levy in 1979 of $29,997 for payment of principal and interest on the Refunding Bonds of 1978, and WHEREAS, It appears desirable to reduce certain ad valorem tax levies to be levied in 1979 due to the extent that such reduction is possible by reason of substantial pre-payment of special assessments and the investment return on these funds, and WHEREAS, There is presently funds available in the Refunding Bonds of 1978 Fund to pay current principal and interest on such bonds, and WHEREAS, The ad valorem tax levy requirement includes a 5% excess provision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the amount to be levied in 1979, collectible in 1980, • on Resolution No. 5852 in the amount of $200,103 is hereby cancelled. 2. That the amount of $29,997 be levied for 1979 for collection in 1980. 3. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota, Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 286 Agenda September 24, 19 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Authorization to Sell Certain Real Property • In April, 1978, the city advertised for the sale of several lots in the New Ford Town area. On May 22, 1978, the city council authorized the sale of Lot 4, Block 13 (6413 22nd Avenue) to Steven and Sheryl Rosen, in the amount of $8,400. After that authorization to sell the property was granted, the staff discov- ered a flaw in the title to Lot 4 and the Rosen's withdrew their offer to purchase the property. Since then, the title defect has been corrected, but in the meantime, the Rosens have purchased another home in Bloomington, and it has become necessary to re-ad- vertise for sale of this property. The lot was advertised for sale in one edition each of the Minneapolis Tribune, Richfield Sun, Twin Cities Courier, and the Minneapolis Spokesman. Request-for-proposal packets were mailed out to 55 people. The request for proposals format was that prev- iously approved by the city council, and provides that a potential purchaser must meet the following criteria: 1. A house must be either built or moved onto the lot; 2. The construction or site preparations must begin within two months of the closing date; 3. The house must be completed within 8 months of the closing date; 4. If resold, the house must sell for more than $42,500; 5. The house must have at least three bedrooms. ' One proposal for purchase of the lot was received, from Dorothy F. Norton in the amount of $8,000. Ms. Norton proposes to build a one and one-half story Cape Cod style house, with three bedrooms, on the lot. Her proposal would meet the criteria described above. It is recommended that the city council adopt the attached resolution authorizing the sale to Dorothy F. Norton of Lot 4, Block 13, in the amount of $8,000. Respectfully submitted, Karl Nollenberger cc: Acting Finance Director City Manager Tanning & Redevelopment Director ;J Resolution No. Resolution Authorizing Sale of Certain Real Property Lot 4, Block 13, New Ford Town WHEREAS, the City of Richfield authorized the advertising and acceptance of informal proposals on March 27, 1978, for the sale of Lot 4, Block 13, New Ford Town, and, WHEREAS, subsequent to the March 27, 1978, action a title flaw prevented transfer of title, and, WHEREAS, recent legislation has now corrected that title flaw, and, WHEREAS, informal.proposals were again solicited for the purchase of this lot, and, WHEREAS, an informal proposal was received in the below-stated amount, NOW, THEREFORE, BEIT RESOLVED by the City Council of the City of Richfield, Minnesota, that the City Manager be granted authority to execute the sale of the following lot at the following price with the covenant provisions that a house be built or moved onto the lot, be completed within eight months of the closing date, have a resale value of more than $42,500 and contain at least three bedrooms. Lot 4, Block 13, New Ford Town to Dorothy F. Norton in the amount of $8,000.00 Passed by the City Council of the City of Richfield, Minnesota, this 24th day of September, 1979. ATTEST: City Clerk Loren L. Law Mayor t CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 285 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Resolution Amending Community Health Services Agreement with Hennepin County There is an item on the September 24, 1979 city council agenda providing for council adoption of a resolution authorizing amendment of the 1979 contract between the City of Richfield and Hennepin County, for the provision of community health services. A copy of the proposed amendment, and a letter from the county community health department, explaining this amendment, are attached. Basically, the attached amendment provides that Richfield will receive $2,716 more money through the Community Health Services Act in 1979 than originally budgeted. Of this money, $184 is being re- turned to the city as an actual reflection of the costs associated with the vaccine program. Richfield's 1979 vaccine program costs were actually $816, rather than the $1,000 that had been budgeted. The remaining cash derives from a 7% funding increase in the CHS subsidy program, which was implemented on July 1, 1979. It is recommended that the city council adopt the attached resolution authorizing the Mayor and City Manager to execute the contract amendments. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Acting Finance Director Environmental Health Director • • 0 COMMUNITY HEALTH DEPARTMENT 4th Floor, McGill Building ~ NNE 50, 501 Park Avenue HENNEPIN Minneapolis, Minnesota 55415 September 6, 1979 Mr. I. Roesler City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Dear Mr. Roesler: Enclosed is an amendment to the 1979 contract between the City of Richfield and Hennepin County for the provision of Community Health Services. Two clauses of the original contract are amended: 1. The amount of direct assistance withheld for vaccine has been adjusted to the 1979 actual. Because Hennepin County is participating in the National Immunization Initiative, the Minnesota Department of Health has set a maximum dollar amount that must be paid for vaccine supplied to County agencies. Thus, it is possible to calculate exactly each unit of government's share of 1979 vaccine charges. Richfield's share is $816 or $184 less than was budgeted in the 1979 Plan. The enclosed amendment increases total cash payments by the above difference. No change in your Plan is needed, although you should reflect the additional financial assistance on the quarterly expenditure reports. 2. Total cash payments to the City are also increased by $2,532, the seven percent increase recently allocated to the City for the last half of 1979. Would you please have all three copies of the amendment signed and returned to me. Also, please attach to the amendment a certified copy of your City Council's action authorizing the amendment and its execution by the appropriate officials. If you have any questions, please cGll me at 348-4382. Sincerely, -? (-- /, _ IL , Sue Zuidema SZ:kmb Enclosure HENNEPIN COUNTY an equal opportunity employer S FIRST AMENDMENT TO AGREEMENT No. 90047 THIS AGREEMENT, Made between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as County, and the CITY OF RICHFIELD, State of Minnesota, hereinafter referred to as Municipality. It is hereby agreed that that certain agreement, made and entered into on the 6th day of March, 1979, and bearing Agreement No. 90047, between the herein- named parties covering the provision of Community Health Services is hereby amended in accordance with the provisions set forth below: Paragraph 2, Section b, of the original Agreement shall be amended to read: b. The Municipality agrees to use its Community Health Services subsidy to offset 3.3 percent of the cost of vaccines supplied by the Minnesota Department of Health to Hennepin County agencies and providers as described in Exhibit A, such Exhibit being incorporated into and made a part of this Agreement. The Municipality further agrees $816 shall be deleted by the Minnesota Department of Health from cash payments to the Municipality for the expected proportional cost of vaccine. Variances between actual proportional share and expected proportional share shall be reconciled by an additional or decreased annual subsidy in the following year. Paragraph 2, Section d, of the original Agreement shall be amended to read: d. The total cash payments to the Municipality for Community Health Services shall not exceed $74,051. This Agreement shall be effective from date of approval of this Amendment through expiration of Agreement No. 90047, December 31, 1979. Except as hereinabove amended, the terms, conditions and provisions of said Agreement No. 90047, dated March 6, 1979, shall remain in full force and effect. Municipality, having signed this Amendment to Agreement No. 90047, and the Hennepin County Board of Commissioners having duly approved this Amendment on 0 1979, and pursuant to such approval and the proper County officials having signed this Amendment, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this Amendment COUNTY OF HENNEPIN will be legally valid and binding upon STATE OF MINNESOTA date of approval. Assistant County Attorney Date 2- c] _ ? q By Chair of its County Board Approved as to Execution Assistant County Attorney Date By Deputy County Administrator ATTEST: Deputy County Auditor CITY OF RICHFIELD STATE OF MINNESOTA By Its By. is City organized under: Plan A Plan B Charter U 0 0 -2- RESOLUTION NO. • • RESOLUTION AMENDING AGREEMENT WITH HENNEPIN COUNTY FOR COMMUNITY HEALTH SERVICES WHEREAS, the City of Richfield does provide environmental and personal health services to Richfield residents, and WHEREAS, the City of Richfield has developed a community health service plan to provide for those services, and WHEREAS, the community health service plan does address the community health needs of Richfield residents, and WHEREAS, funding for this community health service plan is provided through the state and county CHS subsidy program toward support of the services described in the plan, and WHEREAS, the agreement between the City of Richfield and Hennepin County which provides for Richfield's receipt of that subsidy for community health services is dated March 6, 1979. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield that the above dated agreement No. 90047, is hereby amended to increase the subsidy amount in accordance with actual 1979 funding available from Hennepin County to the City of Richfield. BE IT FURTHER RESOLVED that the Mayor and City Manager are authorized to execute such amendments to said contract on behalf of the City of Richfield. Passed by the City Council of the City of Richfield this 24th day of September, 1979. Loren L. Law Mayor ATTEST: Sylvia K. Bergh, Acting City Clerk 0 • CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 284 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Execution of Utility Easement with Financial Properties Developers, Inc. One of the stipulations of the development agreement between the Richfield HRA and Financial Properties Developers, Inc., the K-Mart developer, provided that Financial Properties provide the City of Richfield a utility easement in the old Grand Avenue area • which would allow the city to provide water and sewer service to N.W. Bell Telephone Company from 65th Street. We have recently received the executed utility easement from Financial Properties Developers Inc., which would provide for a perpetual easement for sanitary sewer and water purposes on the K-Mart site, and a copy of that easement is attached. It is recommended that the city council authorize the mayor and city manager to execute this easement agreement with Financial Prop- erties Developers, Inc. Respectfully submitted, i Karl Nollenberger City Manager KN/eja cc: City Attorney Planning & Redevelopment Director Acting Public Works Director 0 I J l a79 MCI* DEVELOPERSINC. 5825 GLENRIDGE DR., N.E., BUILDING 2, SUITE 202 e ATLANTA, GEORGIA 30328 ® 404/252-8220 September 5, 1979 Mr. Richard C. Krier, AICP Planning & Redevelopment Director City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Dear Dick: Enclosed you will find an executed easement for the utilities that were remaining on our property. It appears to me that the City should also execute this agreement since they are accepting certain responsibilities. Sincerely, IAL PROPERTIES DEVELOPERS INC. James T. Murphy Treasurer JM:jh enc • EASEMENT 0 THI?$, AGRE MENT made and entered into this day of 1979, by and between Financial Properties Developers, Inc., a Georgia Corporation, hereinafter first party, and the City of Richfield, Minnesota, a Minnesota Municipal Corporation, hereinafter second party. WITNESSETH: That the first party in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, to it in hand paid by said second party, the receipt of which is hereby acknowledged, does hereby grant and convey to said second party the following perpetual easement: Description of Parcel: Lot 1, Block 1, Heyman Addition, accord- ing to the plat thereof on file and on record in the office of the Registrar of. Titles in and for Hennepin County, Minnesota. Description of Easement: A perpetual easement for storm sewer, sanitary sewer and water purposes over, under and across the following described portion of the above-described parcel: . Commencing at the Northeast corner of said Lot 1, thence West 150 feet along the North line of Lot 1 to the actual point of beginning; thence South and _. parallel to the East line of Lot 1 a distance of 284 feet, thence East and parallel to the North line of said Lot 1 a distance of 25 feet more or less to the East line of said Lot 1; thence South along the East line of said Lot 1 a distance of 16 feet; thence West and parallel to the North line of said Lot 1 a distance of 59 feet; thence North and parallel to the East line to a point on the North line of said Lot 1, 34 feet, more or less West of the point of beginning; thence East along the North line of Lot 1 a distance of 34 feet more or less to the point of beginning and there terminating. The granting of this easement by the first party and its acceptance by the second party is subject to the following conditions: (a) Second party shall repair or replace in kind and quality any damage to paving, curbing, guttering, landscaping or other improvements caused by the exercise of the rights granted hereby; (b) Second party shall indemnify and hold harmless the firs;tt}? party, its agents, employees, successors and assigns from all 21 • liabilities, claims or damages to any person or property resulting from the exercise of the rights granted hereby. IN TESTIMONY WHEREOF, the first party has set its hand and seal the day and year first above written. FI V? mac-d?° By Witness Witness PROPERTIES DEVELOPERS, INC. Its is . STATE OF GEORGIA) ss. COUNTY OF FULTON) The foregoing instrument was.arknowledged before me this day of - 1979, by and G ?`? of FINANCIAL' PROPERTIES DEVELOPERS:; INC., a Georgia Corporation, on behalf of the corporation. i% Z:.' .y ;. -ZL 'Notary Public P40',ry P??b!'. - at ??xJ.? :.•-..n?Lr11?, Mw Commission Expires • • 7 CITY OF RICHFIELD, MINNESOTA Office of City Manager • The Honorable Mayor and Members of the City Council City of Richfield Council Members: Council Letter No. 283 Agenda September 24, 1979 Subject: Authorization to Advertise for Demolition Bids Jerry's Standard Station 66th and Lyndale (Plat 45365, Parcel 4100) There is an item on the September 24, 1979 city council agenda requesting council authorization to advertise for bids to demolish the Jerry's Standard Station property, located on the southwest corner of the 66th Street and Lyndale Avenue intersection. Demolition of this property is necessary to enable the Lyndale Avenue improvement project to be implemented in the spring of 1980, as scheduled. A portion of the Jerry's Standard property will be used for sidewalk and bus turnout lanes that are to be constructed as part of the Lyndale improvement project. The estim- ated demolition cost for this property, which will be covered by the project, is $9,100. It is the recommendation of the acting public works director, in which I concur, that the city council authorize the advertise- ment for bids to complete this demolition work. Respectfully submitted, K?J Karl Nollenberger City Manager KN/eja cc: Acting Public Works Director Planning & Redevelopment Director CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 282 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richf field Council 1,:embers : Subject: Certification of Delinquent Sewer and Water Utility Accounts There is a resolution on the September 24, 1979 city council agenda designating the annual accumulation of unpaid sewer and water utility accounts. Although the Richfield utility ordinance places unpaid water and sewer charges as a lien against the property, some homeowners have traditionally chosen to have the charges certified and included in their annual property tax billing. A $10.00 Certification Charge (preparation for certification to taxes of delinquent accounts) shall be charged against each delinquent account as authorized by Ordinance 8.12, subd. 12. The attached resolution represents those delinquent accounts which have occurred from August 30, 1978 through August 30, 1979. It is recommended that the city council adopt this resolution certifying delinquent water and sewer accounts. Respectfully submitted, Karl Nollenberger City Manager KN/eja cc: Acting Finance Director 9 { r RESOLUTION NO. RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS, Ordinance Code 8.23 establishes rules, rates and charges for water service in the City of Richfield, and WHEREAS, Minnesota Statutes 44.075, Subd. 3, provides that all delinquent water service charges not paid may be certified to the County Auditor with the taxes against such property, and shall be collected with other taxes on such property, and WHEREAS, Ordinance Code 8.12 establishes rules, rates and charges for sanitary sewer service in the City of Richfield, and WHEREAS, Subd. 12 thereof provides that all sewer service charges not paid within fifteen (15) days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property, and WHEREAS, an assessment roll has been prepared specifying the amounts which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, • Minnesota, that 1. There is hereby determined to be a total uncollected amount for water and sanitary sewer service of $56,869.67. 2. That a $10 Certification Charge shall be levied against each delinquent account; such charges totaling $11,270. 3. That such amount is hereby certified to the County Auditor for collection with other taxes on said properties. 4. That a copy of this resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield this 24th day of September, 1979. ATTEST: Loren L. Law Mayor 0 Sylvia K. Bergh Acting City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 281 Agenda September 24, 1979 The Honorable Mayor and Members of the City Council City of Richfield Council Members: Subject: Assessment Rolls for Diseased Tree, Nuisance Abatement and Weed Destruction There are several resolutions on the September 24, 1979 city council agenda certifying special assessments to Hennepin County. These resolutions provide for the following certification: 1. Resolution certifying special assessments for weed destruction. This is a one-year assessment at 8% penalty. 2. Resolution levying special assessments for nuisance abatement. This is a one-year assessment at no in- terest or penalty. 3. Resolution levying special assessments for abatement of diseased tree. This is the assessment roll for diseased tree removal on private property which has been performed by the city at the request of the property owner. The assessment is certified at the city's actual cost of the tree removal, less the amount of the city and state subsidy for which the removal qualifies. The subsidy provides for a maxi- mum of $100 or 50% of theremoval costs, whichever is less, per tree. This assessment is spread over three years at the rate of 8% per annum. It is recommended that the city council adopt the resolutions certifying these special assessments. Respectfully submitted, I Karl Nollenberger City Manager KN/eja cc: Acting Finance Director RESOLUTION NO. 0 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. That the following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement for weed destruction pursuant to the provisions of Minnesota Statutes, 1969, Chapter 715, Se. 17.271, to-wit: PROPERTY ID ADDRESS AMOUNT 32-028-24 11 0005 7032 Penn Avenue $ 45.00 28-028-24 32 0063 6637 Penn Avenue 15.00 28-028-24 33 0149 6945 Penn Avenue 25.00 28-028-24 11 0037 6300 Lyndale Avenue 30.00 29-028-24 42 0082 6716 Washburn Avenue 15.00 28-028-24 11 0013 6399 Aldrich Avenue 57.50 28--028-24 11 0012 6399 Aldrich Avenue 57.50 33-028-24 32 0042 7515 Penn Avenue 41.19 28-028-24 21 0004 6345 Irvin; Avenue 52.50 26-028-24 32 0003 6600 Columbus Avenue 10.00 34-028-24 23 0097 7244 Garfield Avenue 10.00 29-082-24 14 0020 6400 Penn Avenue 25.00 34-028-24 13 0147 7240 Third Avenue 10.00 34-028-24 12 0118 7134 Third Avenue 20.00 35-028-24- 33 0008 7733 Portland Avenue 20.00 25-028-24 24 0027 2220 E. 66th Street 15.00 27-028-24 32 0018 307 W. 66th Street 20.00 25-028-24 22 0002 6311 Cedar Avenue 10.00 27-028-24 41 0090 6701 - 4th Avenue 25.00 29-028-24 44 0031 6841 Russell Avenue 25.00 Total 528.69 2. That the above listed assessments be spread over a period of one year at the rate of 8% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 24th day of September, 1979. ATTEST: Loren L. Law Mayor Sylvia K. Bergh Actin; City Clerk RESOLUTION NO. 0 0 RESOLUTION LEVYING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. The following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement of a nuisance health hazard pursuant to the provisions of Minnesota Statutes, Section 145.23, to-wit: PROPERTY ID 29-028-24 14 0020 28-028-24 21 0004 29-028-24 41 0086 28-028-24 12 0044 26-028-24 41 0004 35-028-24 32 0110 28-028-24 21 0057 27-028-24 13 0064 34-028-24 12 0118 29-028-24 41 0009 28-028-24 22 0104 Total ADDRESS AMOUNT 6400 Penn Avenue $119.62 6345 Irving Avenue 30.00 6729 Thomas Avenue 18.10 6327 Humboldt Avenue 30.70 6601 Bloomington Avenue 34.10 7414 Park Avenue 15.00 6300 Humboldt Avenue 20.00 6525 Nicollet Avenue 20.00 7132-34 - 3rd Avenue 20.00 6644 Penn Avenue 38.50 6314 Newton 48.22 394.24 2. The above special assessments are to be spread over one year at no interest. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 24th day of September, 1979. Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk 0 Y • r RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREES WHEREAS, Ordinance Code 4.11 establishes rules and regulations with reference to the abatement of diseased trees on private property in the City of Richfield by tree removal, and WHEREAS, Minnesota Statutes 429.101 provides that all unpaid or special charges for such tree removal may be certified to the County Auditor with the taxes against such property, and shall be collected with other taxes on such property, and WHEREAS, an assessment roll has been prepared specifying the amounts which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. That the following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement or removal of diseased trees pursuant to Minnesota Statutes 429.101: PROPERTY ID ADDRESS AMOUNT 29-028-24 44 0046 6820 Russell Avenue $ 57.76 26-028-24 33 0107 6817 Portland Avenue 194.24 28-028-24 24 0115 6514 Irving Avenue 52.71 33-028-24 23 0096 7349 Penn Avenue 130.72 26-028-24 41 0066 6614 - 18th Avenue 62.75 33-028-24 14 0077 7120 Lyndale Avenue 67.97 28-028-24 21 0087 6301 James Avenue 104.62 28-028-24 42 0048 6609 Humboldt Avenue 60.50 25-028-24 23 0117 6401 - 20th Avenue 241.86 28-028-24 21 0072 6309 Irving Avenue 137.81 25-028-24 23 0119 6409 - 20th Avenue 504.17 34-028-24 42 0080 7501 Nicollet Avenue 151.25 25-028-24 24 0105 6445 Standish Avenue 176.46 33-028-24 41 0139 7544 Aldrich Avenue 115.96 25-028-24 24 0104 6437 Standish Avenue 630.20 33-028-24 22 0117 7126 Oliver Avenue 74.11 28-028-24 42 0060 6709 Emerson Avenue 403.34 34-028-24 23 0002 7333 Grand Avenue 75.63 33-028-24 14 0089 7225 Aldrich Avenue 302.50 25-028-24 24 0100 6417 Standish Avenue 181.50 Total 53,726,06 0 Resolution No. -2- 2. That the above listed assessments be spread over a period of three years at the rate of 8% interest per annum on the unpaid balances. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 24th day of September, 1979. Loren L. Law Mayor ATTEST: Sylvia K. Bergh Acting City Clerk ?1