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06-17-78 agendaCITY_ OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 178 Agenda June 1), 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Proposed Agreement for Golf Course Building Architectural Services On May 30, 1978, the city council authorized the city manager to negotiate an agreement with Richard Schwarz /Neil Weber, Inc. to provide building architectural services for the proposed municipal golf course. A copy of the proposed agreement is attached. This agreement includes four phases, each to be authorized separately. The first pl ,ase, provides for Preliminary Design Services, and includes, but is not limited to, schematic design and design development as well as meetings with the golf course committee, park and recreation advisory commission and city council. Services for this phase of the agreement are to be provided on a lump sum basis in the amount of $3,700. While a fixed fee has been negotiated for preliminary design services, it is not possible at this time to negotiate fixed fees for the other three phases of the agreement. This is due to the fact that the size and scope of the buildings to be designed will not be determined until the preliminary design has been approved by the city council. Therefore, the agreement calls for negotiation of a fixed fee for each of these remaining three phases upon council authorization to proceed with these phases. The agreement does, however, include percentage guidelines to be used in the negotiation of the fixed fees. The percentage for working drawings and specifications is 4.5 percent. The percentage' for the bidding phase is 1 .0 percent. The percentage figure for the construction phase is 2.5 percent. In each case, the percentage figure would be applied against the estimatedcost of the buildings approved for construction in the preliminary design phase. Upon execution of the agreement, the architect-will immediately begin to prepare tentative plans and work estimates for the total architectural services. The tentative plans and cost estimates will be provided to the council for their review as the project progresses. It is anticipated that the preliminary plans and cost estimates will be available for council review and action in August, 1978. Upon approval of these plans, and a decision to proceed with the golf course project, it would be necessary for the city council to authorize the subsequent phases of the agreement. Council Letter No. 178 -2- June 12, 1978 The proposed agreement has been reviewed by the city attorney. It is recommended that the city council authorize the mayor and city manager to execute this agreement with Richard Schwarz /Neil Weber, Inc. and to authorize the architect to proceed with Phase I of the agreement. Respectfully sub fitted, Wayne S. Burggraaf City Manager WSB /res cc: Parks and Recreation Director City Attorney r THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Hundred and BETWEEN the Owner: and the Architect: day of Cite of Richfield, Niinnesota Richard Schviarz /Pfeil Weber, Inc. 5950 France Avenue South Edina, IN'linnesota 55435 For the following Project: (Include detailed description of Project location and scope.) Golf Course Building(s) Richfield Municipal Golf Course in the year of Nineteen The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6141 -1977 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE by the Owner to ascertain the r o the Project and shall rev' erstanding of such requirements 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.1.5 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1.2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.4 BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.5 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a. final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs f rst. 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.5.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on -site inspections to check the quality or quan- tity of the Work. On the basis of such on -site observa- tions as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • .AIA • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141 -1977 3 contractors or,any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1.5.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 1.5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief, the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.5.9 The Architect shall be the interpreter of the re- quirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations .nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within 'a reasonable time, on all claims, disputes and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 1.5.10 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful perform- ance by both the Owner and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 1.5.11 The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions on any other claims, disputes or other matters, including those in question between the Owner and the Contractor, shall be subject to arbitration as provided in this Agree- ment and in the Contract Documents. 1.5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have author- ity to require special inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.5.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. 1.5.16 The extent of the duties, responsibilities and lim- itations of authority of the Architect as the Owner's rep- resentative during construction shall not be modified or extended without written consent of the Owner, the Con- tractor and the Architect. i.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1 If the Owner and Architect agree that more ex- tensive representation at the site than is described in Paragraph 1.5 shall be provided, the Architect shall pro- vide one or more Project Representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such Project Representatives shall be selected, em- ployed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed be- tween the Owner and the Architect as set forth in an ex- hibit appended to this Agreement, which shall describe the duties, responsibilities and limitations of authority of such Project Representatives. 1.6.3 Through the observations by such Project Repre- sentatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representa- tion shall not modify the rights, responsibilities or obliga- tions of the Architect as described in Paragraph 1.5. 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by the Owner, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. 4 B141 -1977 AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information fur- nished by the Owner. 1.7.6 Preparing documents of alternate, separate or sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. 1.7.10 Providing interior design and other similar ser- vices required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 1.7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.7.14 Making investigations, surveys, valuations, inven- tories or detailed appraisals of existing facilities, and serv- ices required in connection with construction performed by the Owner. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. . 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.7.20 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for We Project including a program, which shall set forth the Owner's design objectives, constraints and criteria, including space requirements and relation- ships, flexibility and expandability, special equipment and systems and site requirements. 2.2 If the Owner provides a budget for the Project it shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project, and their source. AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141 -1977 5 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights -of -way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- ports as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be- half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST' 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de- signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights -of -way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3,2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State - ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed to reflect any change in the general level of prices in the construction industry between the date of submis- sion of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall. (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT B141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • © 1977 6 8141 -1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out -of -town travel; long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock -ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6,1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensa- tion for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6,2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 D r - ice are and shall remain the property Pad, rchitect whether the Project for which they is executed or not. The Owner shall be ed to retain copies, in- cluding reproducible les, of Drawings and Specifica- tions for infor on and reference in connection with the Own se and occupancy of the Project. The Drawings AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIM • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 7 , tion of this Project by others provide Itect is not in default under this A except by agreement in writin a appropriate compensation to the ATchi- 8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION 9.7 All claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construc- tion Industry Arbitration Rules of the American Arbitra- tion Association then obtaining unless the parties mutu- ally agree otherwise. No arbitration, arising out of or re- lating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent con- taining a specific reference to this Agreement and signed by the Architect, the Owner, and any other person sought to be joined. Any consent to arbitration involving an ad- ditional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agree- ment to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. 9.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect. 11.2 Terms in this Agreement shall have the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8 8141 -1977 ALA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of dollars ($ ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: NJone required 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, if necessary.) Preliminary Design (includes services described herein under Schematic Design Phase and Design Dcvelopment Phase), Fixed Fee 13,700.00 Construction Document Phase Fixed fee to be negotiated based on 4.5% of building construction budget Bidding Phrase Fixed fee to be negotiated based on 1% of building construction budget Construction Phase Fixed fee to be negotiated based on 2.5% of building construction budget 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Not applicable Schematic Design Phase: percent ( %) Design Development Phase: percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent { %) Construction Phase: percent ( %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and /or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Additional services as authorized by the City Manager shall be billed at the following rates: Richard Schwarz $35.00 /hour Neil Weber $30.00 /hour Other Personnel 22 times Direct Personnel Expense - as defined in Article 4 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural,' mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of One and tWO tenths ! 1 .2 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15, if required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of One ( 1 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Fayme bt13ffi!1e59 of tile Arellateet. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within thi rty 00) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 8141 - OWNER - ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA� - © 1977 10 B141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES Omit paragraph 1.1.1, page 3. Substitute the following paragraph: The Architect shall assist the Owner and other consultants in developing a program for tiie facility by inspecting similar facilities, meeting with the City Council, advisory committees and staff, assessing feasibility of various services to be included and reviewing various approaches to providing such services. . Omit paragraph 1.7.1. Modify paragraph 2.4 as follows: Omit the word certified in line 2. Modify paragraph 5.1.1 as follows: Travel expenses outside the seven county metropolitan area are reimbursable expenses. Omit paragraph 14.6. Omit paragraph 8.1, page 7. Substitute the following paragraph: Drawings and Specifications are designed specifically for tine use of the City of RiL;hfleld on the development of the golf course. The City shall riot have the right to sell the draw - ings and specifications to a third party or use them On another project without proper provisions for inspection and assumption of liability for foundation and structural design. AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF RICHFIELD RICHARD SCIWA,%Z /NEIL WEBER, INC. 6700 Portland Avenue South 6950 France Avenue South Richfield, Minnesota 55423 ina, M' so 55435 / / BY BY charld t,(cftaj °t; eil- Weber, Vice President AIA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977 12 B141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 177 Agency June 19, 19 718 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Annual Dues for Association of Metropolitan Municipalities On May 8, 1978, the city council received information relating to the city's 1978/79 dues for the Association of Metropolitan Municipalities. This information is attached. The council deferred action on payment of the AMM dues until after the annual AMM meeting, which was held on May 17, 1978. It is recommended that the council approve payment of the 1978/79 AMM dues at the June 12, 1978 city council meeting. Respectfully submitted, VVayne . gurggraaff U,-') City Manager WSB /res a000ciarion of metropolitan municipalitloo BOARD OF DIRECTORS Presiden t Lyall Schwarzkopf Minneapolis Vice President Dear Member City Official: June Demos Roseville During the past few months, services, programs and ac- Past President tivities of the Association have been scrutinized and Josephine Nunn evaluated by the Executive Committee, Additionally, Champlin the Committee had to take a long, hard look at the fi- nancial picture, both the short and long range impli- RichardAsleson cations. The report was given to the Board of Directors Apple Valley on April 6th for consideration. Wayne Courtney Edina The Executive Committee, in essence, concluded that the Association is fulfilling the mission for which it was Walter Dziedzic intended and it recommended the continuation of the Minneapolis resent level of services, , programs and staffing As Maynard Eder a consequence, the Committee recommended a "hold the ' Lake Elmo line ", no- frills budget for the 1978 -79 fiscal year (June 1, 1978 - May 31, 1979), with no new major activ- Robert Hansen ities or programs but adjusted to reflect the escalating White Bear Lake inflation rate, David Hozza St. Paul The financing of Association services was obviously the most difficult task which the Committee faced, In spite Richard Hullander of the raging inflation rates (7 to 8'% per year) of the Shakopee past three years, there has been no increase in Associ- Jacklrving ation dues for those three years. However, despite all Crystal of the efforts to hold the line, a dues increase is neces- sary if we are to maintain our present level of program Ja utkremer Br000klyn oklyn Park and services and not deplete the cash reserve any further, Myra Lobeck In the area of finances, the Committee made four basic Oakdale recommendations: Bruce Nawrocki Columbia Heights Zo The Association dues should continue to be expressed at a percentage of the member city's LAIC dues. Irving Stern St. Louis Park 2. Yearly budgets and dues levied should be planned in Larry Thompson such a manner that we maintain a planned reserve fund Wayzata equal to two months pro -rated budget expenditures, plus $1,000 for each month as a contingency, Mark Vaught St. Paul Duane Zaun Lakeville Executive Director - Vern Peterson .1 Page Two 3. Very large one- time-increases in the dues should be avoided in ` favor of smaller annual increases to correspond with basic an- nual inflation rates. 4. The Association dues rate for 1978 -79 membership year should be 60% of a city's 1978 -79 LMC dues. (The present rate is also 60 %, but it is based on a city's 1976 -77 LAIC dues base). The Board of Directors, after careful study and examination, unani- mously adopted the Executive Committee's report and recommendations. Although the Association membership of 60 cities is at an all time high, you should know that it will take a positive response of vir- tually all members to maintain the strength, vitality and effective- ness of the Association for this coming year. Any questions or comments you have concerning this matter.are very welcome. Enclosed is a copy of the 1978 -79 Budget, Dues Schedule and a Financial Statement Summary for your consideration. To facilitate your input regarding this vital matter, we will set aside some time on the Agenda at the May 4th Board meeting for any member city offi- cial who would like to meet with the Board. If you find it inconven- ient to attend the Board meeting, please feel free to contact myself or any member of the Board prior to the May 4th meeting. We will al- so Teserve some time for discussion of this item at the Annual Meeting on Wednesday evening, May 17th, as well. Please let Vern Peterson, the Association's Executive Director, know (222 -2861) if you wish to appear at the May 4th Board meeting. Again, we appreciate your thoughtful consideration. LAS:sb Enclosures -2- Sincerely, Lyall A. Schwarzkopf City Clerk- Minneapolis, and President of A1,11f CITY ASSOCIATION OF METROPOLITAN MUNICIPALITIES PRESENT AMM DUES AMM DUES 1977 -1978 1978 -1979 Minneapolis x'8,186 $9,686 St. Paul 7,439 8,939 Bloomington 4,163 4,955 St. Louis Park 3,146 3,967 Richfield 3,097 13 :887 Edina 3,001 3,734 Minnetonka 2,753 3,337 Brooklyn Center 2,735 3,308 Roseville 2,,713 3,273 ^Tystal 2, 08 3,104 Coon Rapids 2,595 3;084 Fridleu 2,557 3,023 Brooklyn Park 2;467 2,879 Maplewood 2,435 2,829 Golden Valleu 2,407 2,784 Columbia Heights 2,400 2.772 White Bear Lake 2,380 2,739 New Brighton 1,1777 2-215 Plymouth 1,-708 2;111 Robbinsdale 1,649 2,.023 Apple Valley 891 1.086 Hopkins 1,484 1,777 Cottage Grove 1,484 1.776 Anoka 1,478 1 -768 Hastings 1,426 7,688 Inver Grove Heights 1,423 1,685 North St. Paul 1;414 1:670 Shoreview 1,367 1,600 Mounds View 1,349 1,573 Stillwater 1,329 1.544 Maple Grove 744 8 72 ASSOCIATION OF METROPOLITAN MUNICIPALITIES B U D G E T FOR 1978 -1979 OPERATIONS Conf., Travel & Mtgs. $ 2,579.07 $ 3,067.32 9 months $ 3,750 $ 4,000 Rent ACTUAL EXP. ACTUAL EXP. ACTUAL EXP. 1977 -1978 1978 -1979 PERSONNEL 1975 - 1976 1976 - 1977 1977 - 1978 BUDGET BUDGET Salaries $54,224.58 $ 56,151.72 $45,270.36 $ 60,360 $ 65,940 PERA -2,972.92 3,111.76 2,489.84 3_,320 3,627 Group Health 960,00 914.40 810.00 960 11200 Social Security 2,587.12 2,484.88 1,742,56 2,588 3,106 Life Insurance 326.25 315.00 236,25 345 345 Misc. Expense $61,070.87 $ 62,977.76 $50,549.01 $ 67,573 $ 74,218 OPERATIONS Conf., Travel & Mtgs. $ 2,579.07 $ 3,067.32 $ 3,058.68 $ 3,750 $ 4,000 Rent 3,701.97 3,782,36 2,757,96 3,900 4,000 Telephone 1,281.02 1,191.68 915.93 1,300 1,400 Postage 1,341.48 1,215.22 923.49 1,450 1,560 Equipment 371.95 -0- 125.00 200 200 LMC Services 3,926.46 4,069.81 2,706.60 3,600 31900 Office Supplies (1) (1) 292.78 600 640 Audit (1) 427.00 350.00 500 400 Misc. Expense 848.05 946.95 396.78 600 600 $14,050.00 $ 14,700.34 $11,527.22 $ 15,900 $ 16,700 SUPPLEMENTAL SERVICES Salary Survey $ 8,492.64 $ 8,571.58 $ 8,980.86 $ 9,400 $ 9,300 Labor Relations 3,000.00 3,000.00 3,000.00 3,000 3,000 Newsletter 726.90 773.44 849.10 1,400 1,700 Committee Support 310.17 665.05 377.37 500 500 $12,529.71 $ 13,010.07 $13,207.33 $ 14,300 $ 14,500 T O T A L S.... $87,650.58 $ 90,688.17 $75,283,56 $ 97,773 $105,419 (1) - Was not budgeted as separate item. Was included under LMC services. LIN I AMM Dues... continued CITY St. Anthony_ PRESENT AMM DUES 1977 -1978 $ 940 AMM DUES 1978 -1979 $1,157 Eden Prairie 788 936 Oakdale 845 11018 Shakopee 844 1,017 Mound 830 997 Lakeville 829 995 Orono 778 922 Mendota Heights 763 900 Spring Lake Park 754 886 Champlin 675 772 Woodbury 738 863 Falcon Heights 695 801 Chaska 415 515 Chanhassen 664 755 Shorewood 404 501 DeeDhaven 376 461 Wauzata 364 445 Savage 357 435 Lake Elmo 353 430 Farmington 317 380 BauDort 308 368 Osseo 302 359 Excelsior 275 322 Afton 203 254 Prior Lake 127 158 Spring Park 121 149 St. Francis 103 128 Greenwood 100 100 Woodland 100 100 T O T A L S $90,973 $108,830 -2- ASSOCIATION OF METROPOLITAN MUNICIPALITIES FUNDS STATEMENT SUMMARY 1977 -78 Beginning Year Balance Dues Received ` Interest Income Total Expenses (nine months) Estimated Expenses, 4th Quarter $ 36,084.48 89,431.00 1,646.80 $127,162.23 $ 51,878.72 - 21,500,00 $ 30,378,72 PROJECTED ADDITIONAL INCOME Interest $350.00 LMC Convention work 465.00 $815.00 1977 -78 Projected Year End Funds Balance $ 30, 378.72 + 815.00 $ 31,193.72 I ASSOCIATION OF METROPOLITAN MUNICIPALITIES Lyall Schwarzkopf President City Clerk- Minneapolis Room 311, City Hall Minneapolis 55415 Buse 348 -2215 June Demos Vice President Mayor - Roseville 1850 Ryan Avenue West Roseville 55113 Res: 644 -4744 Josephine Nunn Past President Mayor - Champlin 401 Elm Creek Road Champlin 55316 Res: 421 -1547 Richard Asleson Admr. -Apple Valley City Hall 14200 Cedar Avenue Apple Valley 55124 Buse 432 -0750 Wayne Courtney Councilman -Edina 4313 Eton Place Edina 55424 Res. 922 -8523 BOARD OF DIRECTORS 1977 -1978 Maynard Eder Deputy City Treasurer City of Lake Elmo 9275 Lake Jane Trail Lake Elmo 55042 Bus. 291 -5752 Robert Hansen Mayor -White Br. Lake City Hall 250 Miller Avenue White Bear Lake 55110 Bus: 429 -5367 David Hozza Councilman - St. Paul Room 179, City Hall St. Paul 55102 Bus: 298 -4646 Richard Hullander Councilman - Shakopee 938 South Lewis Shakopee 55379 Bus: 445 -3640 Jack Irving City Manager - Crystal City Flail 4141 Douglas Dr. No. Crystal 55422 Bus: 537 -8421 Walter Dziedzic James Krautkremer Alderman- Minneapolis ; dayor - Brooklyn Pk. Room 307, City Hall 8109 66th Ave. No. Minneapolis 55415 Brooklyn Pk.. 55433 Bus: 348 -2201 Bus. 560 -4100 Myra Lobeck Councilwoman- v^akda_e 1636 Hilo Ave. No. Oakdale 551_-9 Res: 739 -6339 Bruce!Nawrocki Mayor - Columbia Hghts. 1255 Polk Place N.E. Columbia Hghts. 55421 Res: 571 --5278 Irving Stern Mayor -St. Louis Par; 1667 Virginia Avenue St.Louis Pk. 55426 Bus: 835 -1005 Larry Thompson City Vgr. - Wayzata City :ail 600 Rio-- Street Wayzata 553 -91 Bus; 473 -0234 Duane Zaun Councilman - Lakeville 9586 202nd St. West Lakeville 55044 Bus„ 881 -5891 Res: 469 -2621 A CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 176 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Request for Reconsideration of Stipulations Attached to Variance On May 8, 1978, the city council approved a variance requested by Mr. Clifford Hoffman to permit construction of a free standing canopy at a service station located at 817 East 66th Street. The council approval of this variance to the service station canopy design requirements included a stipulation that the southernmost curb cut from the property onto Elliot Avenue be closed, and that the curb cut on Elliot Avenue closest, to 66th Street be modified so that traffic would enter and exit the site at a 90-degree angle to Elliot Avenue. Mr. Clifford Hoffman has requested an opportunity to appear before the council at the June 12, 1978 meeting to request that the council remove these stipulations from the variance. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /jkl cc: Planning & Redevelopment Director Public Works Director R n i June 7, 1978 :v Ms Joyce Wilde, Mayor and Members of the City Council City of Richfield 6700 Portland Avenue South Richfield MN 554 -23 Mr Clifford Hoffman, owner of a gasoline retAil facility at 817 E 66 St, Richfield MN, hereby requests permission to appear before the City Council at their next regular meeting on June 12, 1978. The purpose is to discuss and ask the council to reconsider their request that property owner close the south approach and change the north approach on Elliot Avenue. The change will create a traffic hazard and may cause accidents as the transports leave the facility using Elliot Avenue. A portion of the transport trailer will roll over the curb and be on the west side of Elliot Avenue as the transports approach the stop sign before entering 66 Street. Also, the estimated expense in completing the work requested by the council will involve $2,500.00. In view of the above, the property owner requests that the council leave the existing approaches in their present state. Clifford Hoffman pl 7/ i 19 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 175 Agenda June 12, 197 8 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Proposed Agreement for Golf Course Site Planning and Architectural Services On May 30, 1978, the city council authorized the city manager to negotiate an agreement with Brauer and Associates to provide site architectural services for the proposed municipal golf course. A copy of the proposed agreement is attached. This agreement was prepared with the previously expressed concerns of the city council taken into account. The agreement provides for four phases. Services for the first phase, preliminary plans, are to be provided on a lump sum basis in the amount of $6,000. This phase is to be complete within eight weeks. The second phase, Final Plans and Specifications, would be negotiated on a lump sum or percentage basis, to be determined upon authorization of this phase by the city council. The same procedure would be used for Phase Three, Bidding Procedures. The fourth phase, Construction, provides for several options of construction inspection and management. Again, this phase would be negotiated on a lump sum or percentage basis subsequent to authorization for this phase by the city council. The percent fees scale ranges for phases II, III and IV are included in the agreement. The alternative approach of negotiating a fixed fee cannot be pursued until such time preliminary plans are approved. Only then will we know for sure the extent and scope of the golf course project with respect to number of holes, special: facilities and so forth. In addition to these four phases, the agreement also makes provisions for the consultant to be separately compensated for any special environmental studies or analysis which may be required. The agreement provides that this work can be 40 compensated on either an hourly or fixed fee basis. Again, it is practically impossible to establish a fixed fee at this time because we do not know the extent to which these services will ble; required. Council Letter No. 175 - 2 - June 12, 1978 Upon execution of the agreement, the architect will immediately begin to prepare tentative plans and work estimates. These plans and estimates would be based on input from the other consultants working on various aspects of the golf course project, city staff, advisory committees and commissions, and the city council, as well as other organizations affected by the project, such as the MAC or the Federal Aviation Administration. The city council will have opportunity to review the tentative plans and cost estimates as the project progresses. It is anticipated that these preliminary plans and cost estimates will be available for council review and action in August, 1978. Upon approval of the preliminary plans, and a decision to proceed with the golf course project, it would be necessary for the city council to authorize the next phase of the agreement. The proposed agreement has been reviewed by the city attorney. It is recommended that the city council authorize the mayor and city manager to execute this agreement with Brauer and Associates to implement Phase I of the agreement. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /res cc: Parks and Recreation Director City Attorney Ok June 5; 1978 City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 RE: Agreement for Professional Planning Services Golf Course Project on MAC Land Gentlemen: THIS AGREEMENT entered into this day of , 1978 by and between the CITY OF RICHFIELD, Minnesota, a Minnesota municipal corporation, (hereinafter referred to as the OWNER) and BRAUER & ASSOCIATES, INC., a Minnesota corporation engaged in pro- viding consulting planning services, (hereinafter referred to as the CONSULTANT) WITNESSETH: In consideration of their mutual covenants and agreements as hereinafter set forth, the OWNER and the CONSULTANT contract and agree as follows: The CONSULTANT will pro- vide professional planning, landscape architectural, engineering, architectural and construction management services required to prepare Preliminary Plans, Final Plans and Specifications, Bidding Procedures and Construction for a golf tours` located on MAC (Metropolitan Ai.rpor.t:s Commission) property in the City of Richfield, Minnesota, hereinafter, referred to as the PROJECT. A. SCOPE OF SERVICES The CONSULTANT'S Services include normal planning, landscape architectural, engineering and architec- tural services required to complete the following: 0 cn CD rn N __4 El M 'cT M LC) 0 W z z_ w z w 0 w w 0 0 0 J U cs z .J LL 0 z vs W a 0 N N 4 W Q PLANNERS ❑ LANDSCAPE ARCHITECTS ❑ ENGINEERS ❑ SURVEYORS ❑ ARCHITECTS ❑ I ` City of Richfield -2- June 5, 1978 1. Basic Services ........ PHASE I: Preliminary Plans a. Collect and Review basic planning data including the Municipal Comprehensive Plan, existing land use, current development proposals, utility extension programs, MAC plans and requirements, highway propo- sals, airport operations and other available data on manmade factors as a basis for design and operational recommendations. b. Perceptual Study and Evaluation of the environmental conditions of the site. The perceptual study and eva- luation shall include soils, topography, drainage, vegetation, shape, orientation, access, airport environmental intrusions (visual and audio), including roads and future highway constraints and other available data on factors which should guide design recommen- dations. c. Office and Field check boundary monumentation and other site definition considerations as a basis for proper identification of the proposed site and as a basis for design (and later construction) control. d. Analysis of the need for and suitability of incor- poration of related park and recreation facilities and uses as part of the preliminary plan. e. Meetings with City staff, MAC staff board and con- sultants, building architect, economic feasibility contractor, Metro Council staff and committees, Minne- sota D.O.T., County Highway Commission, Federal Aviation Administration, Park and Recreation Commission, and a Citizen's Advisory Committee as required through the term of this phase of the PROJECT. The draft and final preli- minary plan will be presented to the Council and public as directed. f. Special additional environmental analysis, study and meetings with state, federal or other agencies, beyond a cursory site evaluation for design purposes, as may be requested or required during the course of the PROJECT, preparation and processing an Environmental Assessment Worksheet, Environmental Impact Statement, any and all permit applications and procedures by agencies other than the City and MAC (see paragraph B -lb for special addition- al fees). g. Prepare Draft Plan(s) and present to all staff, committees and boards involved for reaction and response in order to identify concerns and issues which may be resolved by modifications or which can be clearly understood when the final Preliminary Plan is presented for public information. City of Richfield -3- June 5, 1978 h. Prepare Preliminary Plan and Brief Plan Report document which together describe the golf course layout and con- figuration, the location of a clubhouse and maintenance area, access roads and parking areas, site and boundary landscape treatment and other proposed recreation and LL park uses proposed. The plan report will outline staged development necessitated by MAC conditions and describe development cost estimates consistent with economic impact projections by development item, cost estimate considerations for additional CONSULTANT ser- vices to cover CONSTRUCTION MANAGEMENT during the course of PROJECT development and resultant impacts on Phases II, III and IV regarding work process and fees, which may assist in describing the plan. The report will also outline anticipated operations and maintenance cost estimates for the completed development as well as can be ascertained from preliminary plan documentation. 2. Basic Services ........ PHASE II: Final Plans and Specifications a. Complete Design, Working Drawings and Specifications for all golf course, road and parking, utility, irriga- tion, lighting, paths, landscape planting, seed and sod, drainage structures and related park and recrea- tion facilities described in the approved Preliminary Plan and Development Budget. Documents will be pre- pared in a manner which will permit election of alter- nates for the purpose of obtaining the most advantageous construction package within the available funds. An original set of reproducible working drawings will be furnished to the OWNER upon completion of this phase of the PROJECT. b. Coordination and cooperation with other architects or engineers responsible for structures or associated construction, MAC staff and board, Federal Aviation Administration staff, citizens advisory committee and City staff, commissions and Council as required or directed. C. Prepare and present detailed cost estimates based upon working drawing quantities and specification require- ments during preparation of documents and upon presen- tation of the final documents for City Council approval. d. Meetings with City Staff, MAC staff and board, other consultants, Metro Council staff, FAA staff, citizens advisory committee and formal presentation of the completed documents as directed. City of Richfield -4- June 5, 1978 3. Basic Services ........ PHASE III: Biddinq Procedures a. Print, Bind and Distribute to prospective bidders, the completed set (or subsets) of plans and specifications required to prepare and submit bids on the project. b. Conduct a Bidder's Conference to explain the project, clarify questions about the project and the documents, and generally describe the development process and spe- cial conditions required while working on the MAC site. C. Prepare and Issue Addenda to all bidders during the bidding period as required or requested. d. Review the Bids received in order to assist the OWNER in determination of the low or most responsive bid and election of alternates, presentation and review loy MIAC, FAA and others as required, and recommendation to the City Council for award of contracts. 4. Basic Services ........ PHASE IV: Construction a. Construction observation is provided by the project manager designated by the planner and includes periodic communication with the contractor and OWNER'S staff and periodic visits to the site to interpret design intent of the plans and specifications; review and recommend payment and construction schedules; approve shop draw- ings; make general progress reports; review all field changes; review and comment on inspection reports; and participate in final inspection and guarantee inspection. The service does not include on -site inspection, measure- ment or approval of quality or quantity of work completed, the responsibility for the contractor's construction means, methods, technique, procedures, safety precautions or the contractor's failure to Perform in accordance with the contract documents. 5. Additional Services shall be provided only upon specific request or authorization by the OWNER and may include: a. Golf Course Control (Traverse) Survey in order to establish a precise control basis for both design and construction, including grid cross - sections for 11 tee and green locations will be established on the site. b. Redesign, Revisions, Additions to /or Deletions from plans, drawings, specifications, reports, or other documents previously approved or accepted. toy the OWNER, or prepared on the basis of incomplete or inaccurate information, as a result of changes in rules, regula- tions, procedures or requirements of related or reviewing agencies, or conditions affecting the PROJECT which are outside of the control of the CO.ISULTANT. City of Richfield -5- June 5, 1978 c. Additional Presentations beyond those specified above, and preparation of additional or special presentation materials (model, film or audio presentations, etc.) specifically directed and authorized by the OWNER. d. Representation, Presentation and consultation with the OWNER at or before hearings or proceedings of agencies other than the City and MAC. e. Inspection or Construction Management services andepre- paration of record drawings in coordination with City inspector as a result of performance of these services. B. FEES FOR PROFESSIONAL SERVICES The OWNER shall compensate the CONSULTANT for services described above as follows: 1. For the CONSULTANT'S Basic Services described in Paragraphs A -1 through A -4, fees including expenses, as follows: Phase I a. For CONSULTANT services, outlined in paragraphs A -la through A -le, A -lg and A -lh a lump sum fee of SIX THOUSAND DOLLARS ($6,000.00). b. For CONSULTANT services outlined in paragraph A -If, a fee to be determined on the basis of the hourly rate and expense schedule outlined in B -2a. CONSULTANT shall not proceed with these services prior to specific written authorization from the Richfield City Manager. To be negotiated on a percentage fee scale range of 4.20% of a $500,000 site construc- Phase II tion budget to 3.73% of a $1,000,000 site construction budget or a lump sum fee agreed to at the time of authorization to proceed. To be negotiated on a percentage fee scale range of 0.35% of a $500,000 site construc- Phase III tion budget to 0.31% of a $1,000,000 site construction budget or a lump sum fee agreed to at the time of authorization to proceed. To be negotiated on a percentage fee scale range of 1.40% of a $500,000 site construc- Phase IV tion budget to 1.25% of a $1,000,000 site construction budget or a lump sum fee agreed to at the time of authorization to proceed. City of Richfield -6- June 5, 1972 2. For the CONSULTANT'S Additional Services described in Paragraphs A5, above_, a lump sum fee agreed to at the time of authorization. or a fee determined on the basis of the following hourly rate and expense schedule: a. Hourly Fees: Senior Professionals Brauer /Fjare Professionals Boulton /Pirkl /Trisler/ Niedenthal Technicians Hefty Mileage $47.00 per hour $18.00 - 39.00 per hour $13.00 - 25.00 per hour $ .15 /per mile b. All overtime required by the OWNER'S schedule involving technical and administrative personnel shall be compen- sated at one and one -half (1 -1/2) times the hourly rate shown. Overtime work shall not be provided without prior written authorization from the Richfield City Manager. C. PAYMENT TO THE CONSULTANT Statements of account of the CONSULTANT'S services shall be submitted monthly in proportion to services performed and are payable within thirty (30) days of receipt. D. OWNER'S RESPONSIBILITY Before or during execution of the work in Paragraphs A -1 through A -4, the OWNER shall provide or make available all information and data which may have a direct bearing on the analysis, design specifications, proposals, or cost estimates to be completed by the CONSULTANT, including: 1. Golf course and park program, facilities, areas and space objectives of the OWNER for the site. 2. Topographic contour mapping at 2' contour intervals tied to a boundary survey, soil surveys, borings and other data which describes the general nature and conditions of the site. 3. Public utilities including existing and proposed telephone, gas, electrical, sewer and drainage utilities. 4. Legal description, half section maps and a registered land survey which adequately describes the boundaries and deed, or other easement restrictions on the property, its use or development. City of Richfield -7- June 5, 1978 5. Budget or finance information which will affect the construction schedule, methods or facilities to be constructed. 6. _.Additional data or information which will have a bearing on the planning or design conclusions and recommendations of the CONSULTANT. 7. One designated individual with whom the CONSULTANT can. meet, receive instructions and deliver information and coordinate all planning activities. 8. Legal counsel, advice and services available to the CONSULTANT during the term of this agreement on any or all matters related to the PROJECT such as, but not limited to, title opinions, interpretations of agree- ments, covenants and laws affecting the project, advice and assistance in processing applications, review and preparation of project agreement documents, participa- tion in presentations to public agency staff and boards, and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 9. MAC, Metro Council, FAA and other Agency rules, regula- tions and conditions which will affect the project and full access to these records during the term of this Agreement. E. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 0 W 1. The Term of the (Agreement /Contract) shall be concurrent with the work authorized. The estimated completion time for the work designated as Paragraph A -1 tl ;i;g w�h is /J(� eight (8) weeks from the date of authorization or receipt ``77 of basic data to be provided by the OWNER, whichever is the later. The completion of special Basic (paragraph A -If) and Additional Services shall be concurrent with the contract period and necessary extensions. (See attached work schedule.) 2. Termination may be accomplished at any time by written notice. This shall not relieve the OWNER of his obligation to pay for the full value of the services performed to the date of termination. 3. The OWNER and the CONSULTANT each binds itself, its suc- cessors, assigns and legal representatives to the other party of this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. City of Richfield -8- June 5, 1978 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. F. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in legible form - which may be made available to the OWNER, if requested. 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public from claims for property damage. 3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical charac- ter, and other works related to this PROJECT in which copy- right may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. G. NONDISCRIMINATION The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or ter- mination, rates of pay or other forms of compensation and selection for training including apprenticeship. H. EXTENT OF AGREEMENT AND APPLICABLE LAW This agreement represents the entire and integrated agreement between the OWNER and the CONSULTANT supersedes all prior nego- tiations, representations, or agreements, whether written or oral, with respect to the PROJECT. This agreement may be amended only by written instrument signed by -both OWNER and CONSULTANT. Y City of Richfield -9- June 5, 1978 I. RESTRICTIONS ON DISCLOSURE AND USE OF DATA IN PROPOSALS The data furnished in this proposal shall not be disclosed out- side the OWNER'S staff and advisors, and shall not be dupli- cated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided, that if a contract is awarded to the CONSULTANT as a result of or in connection with the submission of this data, the OWNER shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the OWNER'S right to use information contained in the data if .it is obtained from another source without restriction. The data subject to this restriction is contained in paragraphs A -1 through A -4. IN WITNESS WHEREOF, the OWNER and CONSULTANT have made and executed this Agreement, This day of 1978. CITY OF RICHFIELD Richfield, Minnesota WN and BRAUER & ASSOCIATES, INC. Eden Prairie, Minnesota In presence of: In presence of: C1 t!1 CD OF CD O '03 n0 O 0 O ft CN — rt rt d rt (D Q. n n rt O(La ®�® on Q; ° Sy m AMA ca v L C Z m N rt d rt 0 O N rt C O O t D c O m • . v 03 ® �9 ® Em M= ILM O .a Lc m L O 0-1 (D O C: N < n N c c� (D Q. n n rt O(La ®�® on Q; ° Sy m AMA ca v L C Z m N rt d rt 0 O N rt C O O t D c O m • . v • O n ° C :•ten: r,= on rsi?a2 .tu.td er (D Q. n n rt O(La ®�® on Q; ° Sy m AMA ca v L C Z m N rt d rt 0 O N rt C O O t D c O l \l J 3 D D ' .9 70 { C Z C D C a 5 MM• I: m v O n ° C 0 c m n L D Z 00 m m O c l \l J 3 D D ' .9 70 { C Z C D C a 5 MM• I: CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 174 'Agenda June 12, 1978 The Honorable Mayor �QT and � A � Members of the City Council •� City of Richfield Gentlemen: Subject: Request for Variance, 7500 Lyndale Avenue South Mr. Clifford Hoffman has requested a variance to the service station canopy design requirements to allow him to construct a freestanding canopy at his existing service station located at 7500 L yndale Avenue South. The following exhibits are attached to this council letter: Exhibit A Exhibit B Exhibit C Background Parcel size: Existing structures: Proposed structures: Existing zoning: Existing land use: Surrounding zoning Surrounding land use site plan land use map zoning map 135' x 140' (18,900 square feet) A 19' x 34' masonry building (646 square feet) Existing structure and one 34' x 40' canopy General commercial (C -2) Service station N- general commercial (C -2) E- multiple residence (MR) W- residence (R) S- general commercial (C -2) N- commercial E- multiple residence W- single family residential S- commercial Section 3.33, Subdivision 6.9d of the Zoning Ordinance requires that canopies shall be designed and constructed as an integral part of 11 6 Council Letter No. 174 - ?- June 12, 1978 the main service station building and shall extend from such building. The applicant is proposing to construct a canopy adjacent to an existing structure which will be freestanding and not an integral part of the main building.. A variance to the Zoning Ordinance requirements would, therefore, be necessary. Section 3.40, Subdivision 6 of the Zoning Ordinance sets forth the conditions which must be met if a variance is to be granted. The city council should grant the variance only if all three conditions are present on the property for which the variance is requested. Staff Review The staff has reviewed the request for variance against these three conditions and made the following findings; 1. That there are special circumstances or conditions affecting. the particular land, building or use referred to in the application, not common to other properties in this or similar districts. It i3 the opinion of the staff that there are no special conditions affecting this property. While there could be problems associated with constructing a canopy onto the existing structure, similar problems would be faced at every other service station in the city which does not now have a canopy. �. That the granting of the variance is necessary for the pre - servation and enjoyment of substantial property rights. It is the opinion of the staff that the variance is not necessary for the enjoyment of substantial property rights.. The denial of the variance would not preclude the applicant from using the property as a service station or for any other use permitted in a general commercial district. 3. That the granting of the variance will not materially and adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and not be materially detrimental to the public welfare or injurious to property or im- provements in the neighborhood. In reviewing the request for variance, the staff noted that the existing curb cuts create dangerous traffic movements in the area. The entrance drives are laid out in such a manner that traffic enters and exits the site at 60- degree angles rather than at a 90- degree angle. Such angle drives cut down the field of vision, which can be a contributing cause for accidents. Council Letter No. 174 -3- June 12, 1978 Public Safety Department records indicate that there were twenty -four accidents at the intersection of Lyndale Avenue and 75th Street between 197? and 1976: Year No, of accidents 1972 6 1973 5 1974 8 1975 4 1976 1 Total 24 The Public Safety Department also indicates, however, that the intersection does not represent a major safety problem for the volume of traffic in the area. The canopy is proposed to be made of metal and plastic, rather than brick, and is twice the size of the existing building. The size, height and building material of the canopy will have a blighting influence in the neighborhood. Alternative canopy designs are available which, although they would cost more, would better blend aesthetically with this neighborhood. Staff Recommendation The staff has found that all three conditions have not been met on the property and, therefore, recommend that the city council deny the request for variance. If the Council feels that the conditions to grant a variance are met and wishes to grant the variance, the staff would recommend that the following stipulations be attached to _the variance: I. That the curb cuts on Lyndale Avenue be reconstructed so that traffic enters and exits the site at a 90- degree angle to Lyndale Avenue rather than the existing 60- degree angle. 2. That the design of the canopy be brick or similar material which would be aesthetically compatible with other construction in the neighborhood. Planning Commission Recommendation The Planning Commission considered this request for variance at its May 23, 1978, meeting. No area residents appeared before the Commission on this proposal. Council Letter No. 174 -4- June 1", 1978 The Planning Commission has recommended that the city council grant the variance with the stipulation that the basic design of the canopy be similar to that which was built-at the Super America Station located at 826 West 66th Street. WSB /res cc: Planning and Redevelopment Director Respectfully submitted, �*Ws /�(W/ww Wayne S. Burggraaff City Manager 0 ` f Site Plan A W 75 th ST existing a W Q W J a 0 z - - / —�-- recommended -IkT ` - be 'o, 34, n o 24, zz 21 4 19 1'7 t 40, 44 io 14 ST. !3c 30c As I _Z4 44 4 XO ti 0 cn A, cc: G a At qr 30 ZT 06 C. .......... 7-21 r 3 i14 J, A- i Op z 7v j A Ili E GENERAL COMMERCIAL -ll iX 61 qw MULTIPLE RESIDENCE LIMITED BUSINESS sr \ \ zk - �y, �� \ ti CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 173 Agenda June 12, 1978 Subject: Temporary Sign Permit, 1900 West 78th Street The owners of the property at 1900 West 78th Street requested a temporary sign permit for three days, for a revolving search light. This search light was used in connection with a weekend sales promotion conducted by the Lindahl Oldsmobile Company. The erection of temporary signs requires the city council's approval. Therefore, it is recommended that the council approve use of this temporary sign. WSB /res cc: Public Works Director Respectfully sub 'tted, �1 Wayne S. Burggraaff City Manager 62 s_ CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Traffic Control Request 14 Council Letter No. 172 Agenda June 12, 1978 At the May 22, 1978 city council meeting, the council deferred action on a proposal to reestablish two -way traffic on East Pleasant Avenue between 73rd Street and 76th Streets. At that time, the council requested additional information regarding the petition which had been received from several area residents in the fall of 1977, requesting that this street be made one -way. Attached are copies of the original petition, requesting that East Pleasant Avenue be made one -way, as well as a copy of the more recent petition, requesting that East Pleasant Avenue be reestablished for two -way traffic. Approximately one -half of the petitioners who originally requested establishment of a one -way street have signed the more recent petition to make this portion of East Pleasant Avenue two -way. Also attached is a diagram of the residences on East Pleasant Avenue between 73rd and 76th Streets. The shaded areas indicate residences where at least one occupant signed the petition requesting reestablishment of the two -way street. It is recommended that the city council authorize East Pleasant Avenue between 73rd Street and ` /6th Streets to be designated for two -way traffic. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /res cc: Public Safety Director Public Works Director Administrative Assistant PETITIOIJ FOR LOCAL IMPROVF24ENT R' hf' ld Minnesota r 4� 7"! r City 01 E ,% J Petition No. Pl P ;'tom City Dated Received 'n'i adi ea TO: The City Council of the City of Richfield, Minnesota. We, the undersigned, owners of the real property abutting J 17 A I?-; sll'r ar--i j of y,/-/ hereby petition that such street be im roves by t C) '7 171 Signature of 0,,P---.er Address 2 ell '5'41 /9 Ve- L 'LIO X/7 IAA /A 2 77 k L4. L!4t,t L5. 7 X�7 �G�% L Ex=-ir d, checked, and found to be in proper form and to be signed by the required nizber of owners of property affected by the making of the improvement petitioned for. per cent City Clerk LL B V�'J�- =zcs -cam'` �- 5 23 THE UNDERSIGNED, DO HEREBY PETITION THE CITY OF RICHFIELD TO MAKE EAST PLEASANT AVENUE FROM 73RD STREET TO 76Th STREET A ONE• WAY STREET: / y(} /2- IT-14 V -VIP C-4 4 . ... ..... ..... . . . . . . . . . . . . . le -or . ... .... ...... 22 .. ........ . . .......... 17 ................... .... ........ (Tl� [it r s 7 7 0 (Shaded areas represent houses where occupant signed petition requesting two-way traffic designation for E. Pleasant Ave.) 73rd !o 2C9 2C, 3 15 CID 4 214 20 , 20C LJ 6 3 73 1/2 ST. r- 7 r-7 T L 74th 221 215 c) LJ 1 16 1 1-11 15 CID 7 '2 13 LJ 6 3 4 ❑15 12 El 5 14 ST 161 )2 143 114 125 116 OD IC7 S . T 75 -th ST 0 16 F] C ► ❑ LJ 1 16 1 1-11 15 2 14 13 LJ 12 13 4 ❑15 12 17 El C' 6 7 FJ '00) L10 75 -th ST 0 16 F] C ► ❑ 0 F1 15 1— 2 1 J F] 1413 F] 13 4 12 5 0 if .5 F1 17 El 10 9 a 11 76th ST. CITY OF RICHFIELD, MINNESOTA - Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 171 Agenda June 12, 1978 Subject: Presentation of Tree Funds by Richfield Jaycees The Richfield Jaycees have recently notified my office of their interest in making a contribution to the city to be used for purchasing and planting trees. The Jaycees will contribute $100.00 for this purpose with the understanding that the city will provide a $100.00 "match" to be used for the same purpose. Since the city does have some funds appropriated for tree replacements, we are in a position to match the Jaycees contribution. . Mr. John Degnan of the Richfield Jaycees will be present at the June 12, 1978 city council meeting to make this presentation. Respectfully s mitted, Wayne S. Burggraaff City Manager WSB /res cc: Finance Director Public Works Director 14 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council L4teV No. 170 Agenda June IZ 1 197 8 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Authorization to Dispose of Certain City Equipment Earlier this year, the city council approved purchase of new automobiles to replace five existing automobiles used by the police division. At that time, I informed the council that the existing vehicles would be disposed of through Hennepin County Auction after the replacement vehicles were received. The new police vehicles have now arrived and it is therefore recommended that the city council authorize the sale of five police vehicles through Hennepin County auction. Council authorization is also requested to dispose of two additional vehicles, a 1972 Ambassador and a 1957 International truck. The automobile- has been used as in the central motor pool, and the truck used by the Public Safety Department's Emergency Services Division. Neither vehicle is scheduled for replacement. It is recommended that the city council authorize sale of these vehicles through public auction. Respectfully submitted, wo", Wayne S. Burggraaff City Manager WSB /j of cc: Public Works Director Public Safety Director Administrative Assistant 17 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 169 Agenda Tune 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Application to Move Dwelling Within City On the council agenda of June 12, 1978 there is an application by Mr. Steven K. Rosen of 6515 Grand Avenue South, to move a dwelling within the city's corporate limits. The dwelling proposed to be moved is Mr. Rosen's present residence at 6515 Grand Avenue South. The application is for moving this structure to 6413 22nd Avenue South, Richfield, Lot 4, Block 13, New Ford Town Addition. Because this dwelling is located in the L /H /N Redevel- opment area, it will require relocation. The dwelling is 32 years old, and is structually in good condition. The interior and exterior of the house have been maintained in very good condition. The dwelling has a 38' frontage on the present location and would be re- located on a 50' lot. The dwelling will be set back 35' from the front property line. The side lot line set back to the north lot line will be 5', and to the south side lot line will be 7'. The lot will be 24' deep on the south part of dwelling and 39' deep on the north part of dwelling. A detached garage will be located on the rear area of the property, set in 15 feet from the rear of the lot, and 2 feet from the south lot line. This structure will be converted to a storage building to use for residential storage. This dwelling will fit well into the area in which it is proposed to be moved and should be an asset and upgrade the area in general. The dwellings in the area are of various ages and in good condition, and should blend well with the dwelling to be moved. Council Letter No. 169 -2- June 12, 1978 it is the recommendation of the chief inspector and the public works director, in which T concur, that the city council approve the moving application with the following stipulations: 1. Tnstall new basement and floor. 2. Redo masonry work for fireplace. 3. Paint. interior and exterior as needed. 4.. Install new furnace to existing ducts. 5. Install new electric service - 100 amp or better. 6. Reconnect plumbing as to code. 7. Grading and sodding. 8. Landscape as approved by Chief Inspector. 9. Proper permits as required by the Department of Inspection. 10. Relocate garage on concrete slab and scrape and repaint. Respectfully submitted, W S . I � 4 Wayne S. Burggraaff City Manager WSB /jef cc: Public Works Director d U) W Q C N N 39� 35' Prop. Moved Dwell. '0 6413 o in N I 24` ti 1 0 10, W CONVERTED 15, N GAR. TO STOR BLDG�I ' N N Scale, I"= 30' EA S. 6/5/78 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 168 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Purchase in Excess of $1,000 Chapter Six, Section 6.05 of the city charter stipulates that the city council must approve purchases of merchandise, materials, equipment or construction when the amount exceeds $1, 000. There is one such item scheduled for the city council agenda of June 12, 1978. The public works department is in need of twenty street light fixtures to replace fixtures damaged throughout the year. These fixtures include the necessary bulbs and appurtenances. This is the first instance in which the city has had to purchase street light replacements, since some surplus parts were supplied under the original street light construction contract. Quotations have been solicited for purchase of these replacement lights and bulbs. It is recommended that the council approve this purchase in the amount of $2, 491, from General Electric Supply Company. WSB /jef cc: Public Works Director Respectfully su itted, Wayne S. Burggraaff City Manager nP� t♦ CITY OF RICHFIELD, MINNESOTA - Office of City Manager Council Letter No. 167 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Request for Variance, 7144 Second Avenue Mr, and Mrs. Glen Monahan, 7144 Second Avenue, Richfield, have requested a variance to the streetside sideyard setback requirements to allow them to con- struct a second story addition on their existing residence. The following items are attached to this council letter: Exhibit A site plan Exhibit B land use map Exhibit C Zoning map Exhibit D petition Exhibit E letter from applicant Ba ckground Parcel size: 49' x 128' (6,272 square feet) Existing structures: A 26' x 30' residence one and sine -half stories in height, and a 16' x 20' detached garage Proposed Structures: The existing structures will remain with a 20' x 30' second story addition on the existing residence Existing zoning: Residence Surrounding Zoning and land use: N- single family residential E- single family residential W- single family residential S- single family residential. Existing setbacks: Front - 31.5 feet Rear - 70.0 feet Interior sideyard - 14.0 feet Streetside sideyard - 5.0 feet Proposed setbacks: Same as existing Council Letter No. 167 -2- June 12, 1978 Required Setbacks: Front - 30 feet Rear - 25 feet Interior sideyard - (for two story structure - 10 feet) Streetside sideyard - 9 feet The zoning ordinance does not define what the required streetside sideyard should be for a corner lot abutting on another corner lot, However, Section 3.30, subdivision 4.3 requires that the buildable width of a corner lot not be reduced to less than 30 feet. Using this minimum buildable width requirement and the interior sideyard setback requirements, the required streetside sideyard setback can then be determined by subtracting those figures from the total lot width. In this case, the streetside sideyard requirement would be 9 feet (49- 30- 10 =9). The existing structure has a streetside sideyard setback of 5 feet and, thus, is not in compliance with the zoning ordinance. Because the existing structure is not in compliance with the street - sideyard setback, a variance of five feet is necessary to allow expansion of a non- conforming structure. Requirements for Issuing a Variance A request for variance must be judged in accordance with the conditions for granting a variance which are found in Section 3.41, subdivision 6 of the city code. The city council should grant the variance only if all three conditions are found to exist on the subject property. Staff Review The staff has reviewed the request for a variance against these three criteria and made the following findings: 1. That there are special circumstances or conditions affecting the - particular land, building or use referred to in the application, not common to other properties in this district or similar districts. It is the opinion of the staff that there are no special conditions affecting this particular property. While corner lots in general present some problems in terms of setback requirements, these problems occur on every corner lot and not only in this particular lot. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. It is the opinion of the staff that the variance is not necessary for the preserva- tion of property rights. Denial of the variance does not prevent the owner from using the property for single family purposes. 3. That the granting of the application will not materially or adversely affect the health and safety of persons residing or working in the Council Letter No. 167 -3- June 12, 1978 neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The staff has determined that the proposed addition would not be detrimental to the public welfare. This proposal would represent an improvement to the property and an investment in the neighborhood. The existing setbacks would be maintained. Staff Recommendation Because the staff has found that all three conditions are not present on the site, it is the recommendation of the staff that the request for variance be denied. Planning Commission Recommendation The Planning Commission considered this request for variance at its May 23, 1978 meeting. No area residents appeared before the Commission concerning the variance request. The Planning Commissionvoted to recommend that the city council grant the variance. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /res cc: Planning and Redevelopment Director Site Plan GARAGE HOUSE 2(,' ti E 72ND ST to Exhibit A Al W Q In z 04 1" 20* t. 34 �Sjl i S. 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M M 3o I�24v 1 43 20 7y!o 19 4100: I ;z14_` � t5 r 0 14 • 8 Z s n 5oi'S0 Exhibit D REQUEST FOR VARIANCE OF FOR PURPOSE OF_:2,)c); Legal Description: seco)'Jj + C) "J. h1eA1A)-ifP)A) L) We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. 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Exhibit E o b �1 4� _ L 1 } 06 iI1 Cf Q _c z h _r t. } VI 0 In as 4- R CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 166 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Variance Request, 7415 Fremont Avenue Mr. and Mrs. john Peare of 7415 Fremont Avenue have requested a variance to the frontyard setback requirements to allow them to construct a room and garage addition on the north side of their existing structure. The following items are attached to this council letter: Exhibit A Exhibit B Exhibit C Exhibit D Background Site plan Land use map Zoning map Petition Parcel Size: Triangularly shaped lot 113' x 208' x 240' (approximately 11,760 square feet in area) Existing Structures: A 26' x 40' single story residence Proposed Structures: The existing structure will remain with a 24' x 54' addition on the north side of the existing residence. Surrounding Zoning and Land Use: N- single family residential E- single family residential W- single family residential S- public (Fremont Park) Existing Setbacks: Front - 35 feet from park 62 feet from Fremont Avenue Rear- 28 feet Northside - 22 feet Southside - 70 feet Council Letter No. 166 -2- June 12, 1978 Average Frontyard Setback On Block Proposed Setbacks: Required Setbacks: 42 feet Front - 8 feet from park 38 feet from Fremont Avenue Rear- 28 feet Northside - 6 feet Southside - 70 feet Front - 42 feet from Fremont Avenue Rear - 25 feet Northside - 5 feet Southside - 5 feet Section 3.39, subdivision 2.2 of the city ordinance states that, in any resident- ial district where 25 percent or more of the lots on a block have a frontyard setback different from the normally required 30 foot setback, the required frontyard setback is the average frontyard setback on the block. On this particular block the frontyard setbacks range from 40 feet to 45 feet, with the average being 42.5 feet. The proposed addition would have a setback of 38 feet and, thus, a 4.5 foot variance would be necessary to allow construction of the proposed addition. Requirements for Granting a Variance Section 3.40, subdivision 6 of the zoning ordinance establishes conditions which must be met if a variance is to be granted. The city council should grant the requested variance only if all three conditions are found to exist on the subject property. Staff Review The staff has r=eviewed the request for a variance against these three criteria and made the following findings: 1. That there are special circumstances or conditions affecting the particular land, building or use referred to in the application, n^t common to other properties in this district or similar districts. It is the opinion of the staff that there are special conditions on this property not common to other properties in this zoning district because of vacation of the curved "no- name" street which originally ran in front of the property. The street was vacated to allow the expansion of Fremont Park, and resulted in non- uniform setbacks along Fremont Avenue. The applicant's house was left with a frontyard setback which was approximately 25 feet greater than the other houses on the same block. The proposed addition would reduce the frontyard setback to a distance between the largest and the smallest existing setbacks on the block and, thus, would have a positive effect on the aesthetic appearance of the block. 2. That the granting of the application is necessary for the for the preservation of and enjoyment of substantial property rights. Council Letter No. 166 -3 June 12, 1978 It is the opinion of the staff that the variance is not necessary to preserve property rights. Denial of the variance would not preclude the use of the property for the existing single family residence and a smaller addition could be con- structed which could provide additional space and still meet frontyard setback requirements. 3. That the granting of the application will not materially or adversely affect the health and safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The proposal, would not be detrimental to the public welfare. The addition would bean improvement of the property and an investment in the neighborhood. The proposal would also result in a more uniform setback on the block, which will improve the aesthetic appearance of the block. Staff Recommendation Because the staff has found that the three conditions for granting a variance have not been met, it is the recommendation of the staff that the city council deny the request for variance. Planning Commission Recommendation The planning commission considered this request for variance at their May 23, 1978 meeting. No area residents appeared before the commission concerning this variance request.. The planning commission voted to recommend that the city rounnil grant the variance. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /eja cc: Planning & Redevelopment Director i W Q F- z 0 2 w w ILL VARIANCE Exhibit A 5' Site Plan N Prop. Addition a 38' ± 338 ( I V Exist. 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The variance being the difference between a 49 foot to a 45 foot set back. 7y o "S` S6 ly— _ 7-4/o/ sc� 13 0 ts 4 "Ai 131 `3.' 1Z 34 3 iL 14 1-14 134 12 L 34 3; ZI I Z4 21 N" 43 _134-3-4 -34 3'Z Z3 4 _3 134 35'1: --W 39 41 1A Ij3z 2t *1 3" N 34 3, —Zr % v M Sit , e - -"q 17 p 134 3' 134 37 16 f) 13 IO 34 -0 34 -M7�, 2— 2 1130431 14 4 a;r b .4 0 ts !, Jr Petition Map a 21 14 4 "Ai 131 `3.' 1Z 34 3 iL 14 1-14 134 12 L 34 3; ZI I Z4 21 zo .4 43 _134-3-4 -34 3'Z Z3 4 _3 134 35'1: --W 39 41 1A Ij3z 2t *1 3" N 34 3, —Zr % v M Sit , e - -"q 17 p 134 3' 134 37 16 f) 134 34 -0 34 -M7�, 2— '- !, Jr Petition Map a 21 14 74,�h •342 34 3 iL 14 r zi -f 134 12 L 34 3; I Z4 21 zo .4 43 _134-3-4 -34 3'Z Z3 4 t h 134 35'1: --W 39 »_ 1A 134 33 ry 34 3, —Zr % v M Sit , e - -"q 17 p 134 3' 134 37 16 f) 134 34 -0 34 -M7�, '- 1130431 14 4 a;r b .4 0 .4 .13 lz r ZA 41"•" , 1' n 7( 5 74,�h •342 34 3 14 r zi -f T L 34 3; I Z4 21 43 -34 3'Z Z3 4 t h »_ :3-4 134 33 ry —Zr % v M Sit , e - -"q p , i , L x . ___ 1,}4-,4 -" i34 34 : 343s 34 ------ 0 I. 4' - -• - 34 31_1t El J U iS A4- "PA X4 k4 4 • 13 34, 10 4 qN 14 z, n 7( 5 A "4 14 ill 1,4 r zi -f T I Z4 J,; 43 Z3 4 t h »_ O h' 0 I. 4' - -• - El J iS A4- X4 13 34, qN 14 z, 21 J. A "4 r zi -f T I t h A u CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 165 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Rezoning Ordinance, 6629 Harriet Avenue. Second Reading. At the May 8, 1978 city council meeting, the city council gave first reading approval to an ordinance which would amend the zoning district boundaries en- umerated in Appendix C of the ordinance code. This amendment provides for re- zoning of the property located at 6629 Harriet Avenue from residence to general commercial. The rezoning was requested by Carl McBride of the Richfield State Agency, to allow expansion of their adjacent parking lot. The second reading and public hearing on the proposed zoning district change has been scheduled for the June 12, 1978 city council meeting. After the public hearing, it is recommended that the city council approve the rezoning by giving second reading approval to the attached ordinance amendment. Respectfully submitted, is. ..9 1 . U"Alw VtCL $ Wayne S. Burggraaff City Manager WSB /eja cc: City Attorney Planning & Redevelopment` Director City Clerk J, AMENDMENT TO APPENDIX C OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA CITY OF RICHFIELD DOES ORDAIN: Appendix C of the Ordinance Code of the City of Richfield, Minnesota defining the boundaries of the various zoning districts of the city, enumerated in Chapter III, Part IV, Section 3.28, Subdivision 2 of such code, is hereby amended in the following respect: 1. Appendix C, Section 3 is amended by adding after Paragraph (74) the following new para- graph: "(75) Lot 10, Block 2 of Lyndale Shores on wood Lake Addition (6629 Harriet Avenue South)." Passed by the City Council of the City of Richfield, Minnesota this day of , 1978. ATTEST: Thomas J. Moran, City Clerk Loren L. Law, Mayor 3 CITY OF RICHFIELD, MINNESOTA - Office of City Manager Council Letter No. 164 Agenda June 12,' 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Request for a Sideyard Variance and a Request to Vary the Non - Conforming Structure Standards of the Zoning Ordinance, 809 East 70th Street Mr. and Mrs. Joseph Trembley, 809 East 70th Street, have requested a variance to the minimum streetside sideyard setback requirements in a residential zoning district. The purpose of the variance is to allow the construction of a five footby eight foot addition on the east side of their residence. Although it has not been requested, a variance to the non - conforming structure requirements would also be necessary. The following exhibits are attached to this council letter: Site Plan Exhibit A Zoning Map Exhibit B Lance Use Map Exhibit C Letter from App- Exhibit D icant Petition Exhibit E Background Parcel Size: 86'-x131' (11,266 sq. ft.) Existing Structures: A 26 -foot by 30 -foot one and one -half story single family residence, a 20 foot by 22 foot detached garage, and a storage building. Proposed Structures: Existing structures and a 5 foot by 8 foot addition to the existing residence. Existing Zoning: Residence Surrounding Zoning: N- residence E- residence W- residence S- residence Council Letter No. 164 -2- June 12, 1978 Surrounding Land Use: N- single family residential E- public ' s chool W- single family residential S- single family residential Existing Setbacks: Proposed Setbacks Required Setbacks: N -45 feet E -25 feet W -76 feet S -15 feet N -45 feet E -15 feet W -76 feet S -15 feet N -30 feet E -40 feet W -5 feet S -17 feet Section 3.39, subdivision 2.3 of the zoning ordinance requires that a corner lot have a streetside sideyard setback equal to or greater than the frontyard setback of the adjacent lot. The proposed addition would have a streetside serback of 20 feet, while the adjacent residence has a frontyard setback of 40 feet. Therefore, a variance of 20 feet would be necessary to allow construction of the proposed addition. It should be noted that the existing residential structure has a street - side sideyard setback of only 25 feet rather than the required 40 feet. For a variance to be granted, it must be demonstrated that the three conditions set forth in Section 3.40 subdivision 6 of the ordinance code are met. The city council should, therefore,. grant the variance only if all three conditions are present on the subject property. Staff Review The staff has reviewed the request for variance against the three criteria necessary for granting a variance, and made the following findings: 1. That there are special circumstances or conditions affecting the particular land, building or use referred to in the application not common to other properties in this or similar districts. It is the opinion of the staff that special conditions are present on the site. Although the lot is equal in size or larger than other lots in the area, and the house is similar in size to other area houses, the house intrudes into the established front yards along the block, causing an unpleasant situation for the immediate Council Letter No. 164 -3- June 12, 1978 neighbor and having a negative effect both on market values and desirability of the immediate neighborhood. While the house was constructed before the surrounding area was developed, it was rendered a non- conforming structure when the surrounding area was subdivided and the adjacent homes were built. The proposed addition would constitute an expansion of a non- conforming structure, which is prohibited by Section 3.20, subdivision 2.1 and 2.2 of the zoning ordinance. 2. That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights. It is the opinion of the staff that the variance is not necessary for the enjoyment of substantial property rights. Denial of the variance does not prevent the site from being used for a single family residence. It is also the opinion of the staff that granting the variance will not protect the property rights of the ad- jacent neighbors. One of the purposes of zoning is to protect adjacent property from un- reasonable development. If the ordinance standards which protect property are varied in such a way as to be detrimental, it impairs the value and the enjoyment of property rights of the neighbors. 3. That the granting _of the variance will not materiallv and adversel affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. While the proposed addition would add financial value to the applicant's house, it is the opinion of the staff that the proposal would decrease the value of the adjacent neighboring property and the neighborhood as a whole. Front yard setbacks are established to: 1. Provide uniformity to neighborhoods 2. Provide aesthetic front yard open space 3. Provide separation between the home (living unit) and the street (which is an active mechanical area) 4. Provide open areas for the movement of air, for the penetration of light and for the occupant to enjoy unobstructed views. A conforming front yard is an important aspect of the character and desirability of the Richfield type single family neighborhood. A variance to the non - conforming structure standards of the ordinance is also being requested. The definition of a non - conforming structure is similar in most zoning ordinances. That is, a non- conforming structure is one which, by community standards, is not desirable and is in the process of being phased out Council Letter No. 164 -4- June 12 1978 or simply tolerated. Expansion of a non - conforming structure without that structure being made to conform to community standards makes zoning an in- effectual tool for land use control. If this basic principle is violated, the zoning of land in the community will be ineffectual and every home will be subjected to arbitrary enforcement of the ordinance not on a common, account- able, equally enforced standard, but on a case by case judgment. A variance is a special privilege or right given to one property owner which is not commonly available to other property owners in the same zoning district. It is a request to change the law, providing special rights to one property owner not available to all others. However, a variance which will have a direct detrimental effect on the neighborhood, while also undermining the principles and spirit of equal treatment under law, should not be granted. Staff Recommendation In summary, the staff has found that the three conditions which must be met to grant a variance have not been met, and it is, therefore, the recomm- endation of the staff that the city council deny the variance. Planning Commission Recommendation The planning commission considered this variance request at their May 23, 1978 meeting. Two area residents appeared before the commission concerning this item. One resident supported the proposal and the other expressed no opinion. The planning commission voted to recommend that the city council grant the variance. Respectfully submitted, Wayne S. Burggraaff City Manager WSB /eja cc: Planning and Redevelopment Director . _ 3 Hedge E. 70th ST. 0 X30, Drive in I k 40 Exhibit A Site Plan N L j Scale: I"= 30' Q 0_ J J W Zoning Exhibit M 4, IT, 6 el th (n 4 Z eat G 0 3o,3* Site IfN j? Az ;n 1 1>4 0 131 4 ZI i6 El .15 At. �n X (5 4 V h Ac: ,541 cn 2'2 121 7 Zf 214,rA,,, 1�c (n 4 Z eat G 0 try 76 3o,3* Site j? 4 ZI i6 El C) X 3 r P n 93 cn 2'2 121 7 Zf 214,rA,,, 1�c N, x,32,.'' 5 try 76 j? 4 El > 2'2 121 ul IV aT � - LO :D 71 Z 7-7-7-7 LIMITED BUSINESS MULTIPLE RESIDENCE 3t.9 A A 1. m cAcm 130.4_ k \� �ltiu it ' Z 45 ♦. ^rry i o: !, , 1 ~J yyao 2G�.14 V70 A. Ln �~ 4 .q3 do e D� 0 X900 0000 — LO�'? ♦,�e0 r 14 ,may Is l �,o♦ w \tiSh I1 `j 0 0 k 0 S;�.o ��Ya — ,�.S.S !ye K ,\s. 1. 133 t ~ 13o 6 13ol6t 110 0 v . 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O- W -m E. - 71st -m - - a------ - - - - - -- - -- Z r Wu r' - > 4 E L LA OT 1 0 ;AV 1_JE Q it J9 3T c9 s 33 9 33.09 - 3 s �'! 3z 3 �5` : 2 2 v .... ' 33 , ,0°'33 �,5 �O ;a "• �f 13 .', o� 3 11 , 3 3 0 1 133.04. ,b451 - 53 >11 J1� ill •n o+ni ti a.'��'O•I L Dad Z 7 •331- - r T� Richfield Planning Commission Richfield City Hall Richfield, Minnesota 55423 To All Parties Concerned: Exhibit D May 9, 1978 Mr. and Mrs Joseph Trembley 809 E. 70th Street Richfield, MN 55+23 Listed below are considerations which we feel have a bearing on the issuance of a variance for a building permit for our home at 809 E. 70th Street. It is our understanding that in order to be issued this variance, one of the conditions is that "there are special circumstances or conditions affecting the particular building. . not common to other properties in this or similar districts." Following are some special conditions concerning our home: 1. The house at 809 E. 70th Street was built before any lots or streets were subdivided in this area. When Wallace's Sunnyside Acres Third Edition was developed, our lot became 153 ft. 1-Li ring north and south, 131 ft. running east and west. 2. At that time, there was 78 ft. from the south side or rear of the house to the south lot line. Before we purchased the house, the owner was allowed to sell 63 ft. off the south side of the lot, leaving only 15 ft. in the rear of the house. 3. Our house faces north onto 70th Street, with the side on Elliot, a "side" lot. The house was built, and set on the lot, prior to the building of other houses on the block. 4. A gara e and driveway were added to the house on the south of the house (back) so that a driveway existed onto Elliot, rather than the more heavily travelled 70th Street. 5. Because of the conditions listed above, the only possible and practical place to add on an entry is on the east side.(This can be seen by the blueprints provided). Further, we understand that a variance can be issued if "the granting of the application is necessary for the preservation and enjoyment of substantial property rights ". We feel the following statements should be considered: A 1. We ask for this variance to provide a larger and less hazardous entrance to our home. Currently, the east side entrance to our home is also the primary entrance. The area between the entry door and the adjacent basement stairway is only 3' x 4'. Should we have guests or family arrive simultaneously, this could create confusion and possibly cause an accident due to the adjacent stairway. 2. With the new addition, we would be enlarging the area from 3' x 4' to 5' x 81, allowing more room for movement, an added area for closet space, and lessening the danger of accidents due to the stairway. Lastly, we understand that a variance can be issued if "the granting of the application will not materially and adversely affect the health or safety of persons residing or working in the neighborhood of the property . . . and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood'. Please consider the following: 1. The granting of this permit would allow us to add a 5' x 8' entry to the east side of our home. This would leave a total of 33 feet from the house to the curb on Elliot Avenue South. Other houses in Richfield are that close to streets, and they seem to cause no safety hazard. Therefore, we believe our entry would not adversely affect the safety of persons in the neighborhood. 2. It is our feeling this entry would add value to our house, and would also be good for the rest of the homes in the surrounding area. 3. It is also our feeling that when the value of one house in the area is increased, it does not affect the other homes in the area adversely. This surely does not cause a detriment to the homeowners in the neighborhood. 4. As our house is currently not aligned with the others in the block, and is of a different architectural style, and sits apart because of-the hill as Elliot Ave. joins 70th- Streeto it app6�Lrs that it is considered separate from the other houses from Wallace's Sunnyside Acres, and need not look exactly as the other houses in the development. We have lived in Richfield for over thirteen years, and during that time have tried to comply with the rules and regulations of our community. We are now asking that that community take into consideration our years of residence, and the special nature of our home in the granting of a variance to make our home what we would like to have it be in order to spend many more years in Richfield. We truly feel that this addition will cause no material distress to other residents, and that, in fact, it will enhance the value of their properties, and Richfield as a whole. If you have any questions concerning any of the information provided above, please don't hesitate to ask. Respectfully, Tncanh .T _ Tra Cj } mi,l Pv 1�. Kasen M: Tremblev. homeowners Exhibit E REQUEST FOR VARIANCE OF FOR PURPOSE OF S'Ac. Legal Description: OX- -1 e t er o 0 b t' el A4-e S Y UIF I/ Y 1! 0 Sly tk A J-!t f.� [A i-1 We, the bein i. diate land described,/, undersigned, owners of mme adjoining as above do hereby concur with the variance as requested. -2, Signature of Owners Address Legal Description 7 0 1 Ye, remion Map Z X350- - 4 .30 Arc *Site- 7-- E(5�50104 IV —,v — 11: tZ Ac, ly 3 ez Ilk t3 Ac. WOZI, 4. 60 JA '44 EAST-- — — - ------------ , Z X350- - 4 .30 Arc *Site- 7-- E(5�50104 11: tZ Ac, ly 3 ez Ilk t3 Ac. WOZI, Zi Ac. 60 51Zo� X350- - 41,0) .30 Arc *Site- 7-- E(5�50104 11: - *Site- a ly 3 ez Lu r�4t-t A ro J — — - ------------ , - *Site- a E 7 2'� I.; I st ST Ld 2 Lj > IT CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 163 Agenda June 12, 1978 The Honorable Mayor a nd Members of the City Council City of Richfield Gentlemen: Subject: Tabulation of Bids, Minutes and Award of Contract for Central Garage Improvements On May 8, 1978 the city council authorized the advertisement for bids for concrete floor and appurtenant work at the central garage. Bids for this work were opened June 1, 1978. The bid tabulation and minutes are attached for council review. Only one bid was received, from Earl Weikle & Sons, Inc. in the amount of $18,510.66. This bid is $2,421.74 below the estimated cost of the improvements. It is the recommendation of the public works director, in which I concur, that the bid of $18,510.66 submitted by Earl Weikle & Sons, Inc, be awarded. WSB /e j a cc: Public Works Director Finance Director Respectfully sub ' ed, Wayne S. Burggraaff City Manager OF CITY OF RICHFIELD Bid Opening June 1, 1978 Concrete Garage Floor Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative staff was called by Wayne Burggraaff, City Manager, who announced that the purpose of the meeting was to receive, open and read aloud, sealed bids for a concrete garage floor as advertised in the official newspaper on May 12, and 19, 1978. Present: Wayne Burggraaff, City Manager I. Roesler, Environmental Health Director Carl Marinics, Public Works Director Marshall Raaen, Technical Operations Supt. Elaine Peterson, Acting Deputy Registrar The following bid was submitted and read aloud: BIDDER AND BID SECURITY TOTAL BID Earl Weikle & Sons, Inc. 5% Bid Bond $18,510.66 The City Manager announced that the bid would be tabulated and considered at the regular council meeting of June 12, 1978. Thomas J. Moran City Clerk THE CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 162 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Moratorium on the Filling of Position Vacancies During the 1977 budget hearings, the city council established a moratorium on the filling of full time vacancies. This letter is to request that the moratorium be lifted to permit the filling of the following full time position: Equipment Operator I- -This vacancy is created by the transfer of the incumbent to the water maintenance position which the council gave staff approval to fill on May 22, 1978. This position is critical to the operation of the streets division and is responsible for street repair, tree removal and operating the various equipment needed to perform those tasks. Since this position is funded in the 1978 budget and is a crucial position in terms of workload, it is the recommendation of the staff that the moratorium be lifted to permit the filling of this position. Police Officer - -The plice division is currently operating with four police officer vacancies. Three of these vacancies have resulted from terminations over the past few weeks, and the fourth is a position currently open because of an officer who is out on a medical leave. Because of the critical personnel shortage in the police division, it is the recommendation of the staff that the council amend the vacancy moritorium to authorize filling two of the four vacancies immediately. The other two vacancies will be held open at least until the budget program for the remainder of 1978 and 1979 is developed later this year. Respectfully submitted, C� Wayne S. Burggraaff City Manager cc: Personnel Director Finance Director Public Safety Director Public Works Director V_ CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Council Letter No. 161 Agenda June 12, 1978 Subject: Transitory Ordinance Appropriating Monies from The Special Revenue Fund, Second Reading' On May 8, 1978, the city council gave first reading approval to a trans- itory ordinance appropriating monies from the Special Revenue Fund. This appropriation of $15,000 in special revenue funds is included in the 1977/83 Capital Improvement Program for the purpose of undertaking repairs and improvements to the central garage. A copy of Transitory Ordinance No. 16.46 is attached. It is recommended that the city council give second reading approval to this transitory ordinance at the June 12, 1978 city council meeting. WSB /e j a cc: Public Works Director City Attorney City Clerk Respectfully sub itted, Wayne S. Burggraaff City Manager TRANSITORY ORDINANCE NO. 16.46. AN ORDINANCE FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS The City of Richfield does ordain: Section 1 . It is found and determined necessary and expendient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, and are further de- tailed in the City's 1977 -1983 Capital Improvement Program and are projects which the City would be authorized to issue general obligation bonds. Section 2. The capital improvements and the amounts of expenditure for such improvements, which are hereby authorized to be paid from the Special Revenue Fund under Section 7.12, subdivision 2, of the City Charter, are as follows: General Public Improvements $15,000 Section 3. The expenditure herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council resolution. Passed by the City Council of the City of Richfield, Minnesota, this day of , 1978. ATTEST: Thomas J. Moran City Clerk Loren L. Law Ma yor 13 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 160 Agenda June 13. 19 7 8 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Transitory Ordinance Authorizing Sale of City -Owned Property, Second Reading On May 22, 1978, the city council gave first reading approval to a transitory ordinance authorizing the sale of certain city owned property. This ordinance is necessary to enable the HRA to acquire from the city part of the Lyndale Avenue liquor store property. The HRA will re -sell this parcel to the Woodlake Investment Company, which is proposing to build a 10, 000 square foot building on the property to house the Woodlake Cleaners and the Woodlake Veterinary Hospital. A copy of Transitory Ordinance No. 16 is attached. It is recommended that the city council give second reading approval to this transitory ordin- ance at the June 12, 1978 city council meeting. Respectfully submitted, %I Wayne S. Burggraaff City Manager WSB /eja cc: Planning and Redevelopment Director City Attorney City Clerk Liquor Store Manager r, ORDINANCE NO. 16 AN ORDINANCE PROVIDING FOR THE DISPOSITION OF CERTAIN REAL PROPERTY IN THE CITY CITY OF RICHFIELD DOES ORDAIN: Section 1. The following real property of the City of Rich- field is hereby authorized to be sold and disposed of and trans- ferred to the Housing and Redevelopment Authority of Richfield, Minnesota: That part of Tract C, Registered Land Survey No. 1131, files of the Registrar of Titles, Hennepin County, Minnesota, lying northwesterly of the following described line: Beginning at a point on the southwesterly line of said Tract C, distant 40.25 feet southeasterly from the westerly corner of said Tract C;.thence northeasterly 146.58 feet parallel with the northwesterly line of said Tract C; thence north- easterly 103.08 feet, parallel with the southeasterly line of said Tract C, to the northeasterly line of said Tract C, and there terminating. Section 2. The terms and conditions of such sale,.including but not limited to, the nature and location of any retained ease- ments, shall be determined by resolution of the City Council. Passed by the City Council of the City of Richfield, Minnesota this day of , 1978. ATTEST: Thomas J. Moran, City Clerk Loren L. Law, Mayor CITY OF RICHFIELD, MINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: 14% Council Letter No. 159 Agenda June 12, 1978 Subject: Ordinance Amendment Relating to Parking in Areas on Public Property, Second Reading. On May 22, 1978, the city council gave first reading approval to an ordinance amendment which provides that the city council may restrict park- ing in the parking areas on public property. This ordinance strengthens the city's authority to prevent unauthorized vehicles from parking on city property by providing that the council may adopt a resolution specifying times during which parking on public property is prohibited. A copy of the proposed ordinance amendment is attached. It is recommend- ed that the city council give second reading approval to this ordinance amend- ment at the June 12, 1978 city council meeting. The council might also wish to discuss the type of parking restrictions which it may wish to implement, since it will be necessary for the restrictions to be established by council resolution before they may be enforced. WSB /eja cc: Public Safety Director Public Works Director City Clerk City Attorney Respectfully sub itted, Wayne S. Burggraaff City Manager 4 AMENDMENT TO CHAPTER IX, SECTION 9.03 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: ,Chapter IX, Section 9.03 regulating parking and stopping is hereby amended by amending paragraph 19 thereof to read as follows: (19) On any public property, including parks, playgrounds and school grounds [except upon areas thereon improved and marked for parking] and including marked and improved parking areas on public property during times when parking on such parking areas is prohibited by council resolution. Passed by the City Council of the City of Richfield, Minnesota this day of f 1978. $s ri _0 10 CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 158 Agenda June 12, 1978 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Ordinance Amendment Relating to Parking in Public Alleys, Second Reading. On May 8, 1978, the city council gave first reading approval to an ordinance amendment which would prohibit parking in public alleys, except in locations marked otherwise. A copy of the proposed ordinance amendment is attached. It is recommended that the city council give second reading approval to this ordinance amendment at the June 12, 1978 city council meeting. WSB /e ja cc: Public Works Director Public Safety Director City Clerk City Attorney Respectfully submitted, Wayne S. Burggraaff City Manager BILL 1978 -9 A14ENDMENT TO CHAPTER IX, SECTION 9.03 OF THE ORDIiLANCE CODE OF THE CITY OF RICITI, IELD CITY OF RICHFIELD DOES ORDAIN: Chapter IX, Section 9.03, Subdivision 1 of the Ordinance Code of the City of . Richf ield relating to illegal parking and stopping is hereby amended by adding after paragraph 19 thereof the following new paragraph: "(20) Upon the improved or traveled portion of anv public alley except at locations where such narking is permitted by official signs or markings." Passed by the City Council of the City of Richfield, Minnesota, this day of , 1978. ATTEST: Thomas Moran, City C ler k Loren L. Law, Mayor