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09-12-77 agenda• CITY OF RICHFIELD, MINNESOTA ~ Office of City Manager Council Letter No. 290 Agenda September 12, 1977 The Honorable Mayor and Members of the City. Council City of Richfield Gentlemen: Subject: International Association of Fire Fighters, AFL-CIO Local 1215 Labor Contract for 1977 A new labor contract covering the period January l , 1977 to December 31, 1977 has been negotiated with Local 1215 of the International Association of Fire Fighters. The Local 1215 bargaining unit acted last week to approve the I977 contract. The 1977 contract continues the provisions of the 1976 contract except for the following three changes: 1. The maximum employer contribution toward dependent health insurance premium costs was increased from $16.00 to $24.50 per month. 2. The annual clothing allowance was increased from a maximum of $125 ,, per year to a maximum of $150 per year. 3. Pay rates in the salary schedule were increased by 5.9 per cent. In addition a new step was added for any new fire fighter personnel beginning employment after implementation of the 1977 contract. The municipal code requires that a contract between the city and employee bargaining unit be approved and implemented by city council resolution. There- fore, it is recommended that the city council adopt the following two resolutions: 1. A resolution approving implementing the provisions of the 1977 contract. 2. A resolution authorizing a transfer from the contingency account to the fire division budget activity to cover. the increased costs of the 19 7 7 contract . WSB/jkl Respectfully submitted, ~~~~ ~~ Wayne S . Burggraaff City Manager cc: Finance Director Public Safety Director PpYGnnriAl T~irprfinr a a a ~ . • ' Memorandum Agreement . BetEVeen The City of Richfield . .. ~ ~ and The International Association of Firefighters, Local 1275 It is hereby jointly agreed by the City of Ric#~field and Local 1215 of the International Pssociation of firefighters that the contract between the City of Richfield .and Local 1215 covering the period from January 1, 197b to December 31, i976.be extended to cover ttie period from January 1, 1977 to December 31, 1977, with the exce#?t i on of only the amended arti cl os as set forth i ri this #~ie~3~orandum of Agr~eear`nt and the necessary related ci~,anges to reflect the nets contract pLriad. The contract articles to be amended during the period of the contract extension shall include: EiRT.ICLE X~III.,. Ii~St1RAt~CE; ARTIC#_E XXIT~, CLOTHI#tG ALLO~'Af~CE; ARTICLE XXXI, SALARY SCHEDULE. The foregoing articles shall be amended as set forth herein and cover t}~e contract yea~° 7977, therefore becoming effective as of Jantaary 1 , 1977 to Decerr~er 31 , 1977 retroactively. ARTICLE X1~'III. ItdSURAf~CE Section 1: The Employer steall pay the full host of the single employee`s health insurance premium Section ~2: The Employer shall pa,~ $24.50 per month to~•:ard the cost of the dependent health insurance premium. Section 3: The Empl~yer.~sha11 provide the employee wit#~ term life, accidental death and disme~rbern~ent insurance in the amount of X5,000. Section 4: The Employer shall continue to provide liability insurance in an amount not less than X100,000 for each person.agyregate and $300,000 general aggregate. Section 5: All insurance benefits mentioned herein shall be selected by the Employer. f ItI ~SITP~E5S T{-SERCOF, the undersigned contract negotiators appointed . to rep- resent the parties to this contract agree, to present and recorr~nd~for approval this proposal to their respective governing bodies, the Richfield City Council and the n~r~~ership of Local 1215 of the International Association of Firefighters. FOt~ THE CITY OP~ t:ICHFIELU ~' ~~ -'~1 _..r.,~. / _ ~~ /~_' ~~. ~ ~~6 - FOR TkIE It~TEI?~~,TIOP2P,L ASSOCIATIOP~ OE: ' FIREFICl~1°E'P:S LOCAt_ ti0. 1215 ~~ _ ~~-- ~- DATED: ~~, _~ ~~ _,.,. CL~~ + .. IPI 1'!I7`P~ESS Tl1EREOF, the undersigned contract neyati ators appointed . to rep- resent the parties to this contract agree. to present and recornd~for appro~-al this proposal to their respective governing bodies, the Richfield City Council and the nter~ership of Local 7275 of the International Association of Firefighters. FOR 7'HE CI'CY O~° RICt-~FTELD `t~1 ~"~ '~'~ ~• ~ FOR Tl7E Its`!"ERI~~~Tlflt~zP,L I~SSOCIRTIOR OF FIREFICN7ERS LOCAL PLO. 1215 ~, .- ., , .,~ . i . , ~: .~ ARTICLE XXII. CLOTHIP~G ALL04IAt1C£ . Clothing allowance wi.l1 be up to a maximum of $150~per year.. This al7oNance is for the replacement of uniforms through normal ~~tear. The initial uniform cloth- ing for a new employee shall be provided by the Employer (Addendum A). The annual clothing allowance maybe used to. purchase clothing itemslisted an Addendum B. The Empi Dyer shat i replace ci otlii ng items damaged ~•.hi l e an duty upon appro~lal of the Division Head. . .ARTICLE XXXI. SALARY SCIf£DULE - ° Sec~i;i on l : The fol 7 oo~~i ng i s the pay schedule for l 976 to be implemented by the Employer on January l-, 1977. ~ ~ . JAf~UARY l THf~OUGI-I D£C£t~~S£R 37 , 1977: BI-41££f:LY PA1' RATES Grade 1. 2 3 4 5 Fl 510.26 530.25. 583.?_8 606.6Q 63Q.87 F2 656.93 F3 ~.° 639.76 665.35 691.98 719.67 normal Frogressic~~ Thrau~h Grades l 2 3 4 5 (Starting}. (After 6 mo) (After 1 yr.){After 2 yrs.) (After 3 yrs.} Grade Assicrnm~nts .Position Classifications Grade Firefighter ~ 1 Fire Lieutenant 2 Fire Captai r~ 3 Av_ erage IloursJl~leel: 55.85 55.85 55.85 /~' I . v d ~ r. ARTICLE XXII. CLOTHING ALLOWANCE Clothing allowance will be up to :. maximum of $150' per year.. This allo;asance is for the replacement of uniforms i:hrough normal wear. The initial uniform cloth- ing for a new employee shall be provided by the Employer (Addendum A). The annual clothing allo,~ance may be used to.pu rchase clothing items listed on Addendum B. The Employer sha11 replace clothing items dank? ged <<.hi 1 e on duty upon appro~~al of the Division Head. .ARTICLE Y,XXI . SALARY SCkiEOUI_E . Section 1 : The fol 1 o~~ai ng i s the pay schedule for 1976 tc . be i mpl erneazted by the Employer on January ]., 1977. . JANUARY l Tf1R0UGi-[ DECEI;SER 31 , 1977, BI-I~;EEf:LY PA.Y RATES Grade 1. 2 3 4 5 Fl 510.?_G 530.?_5. 583.28 606.60 630.87 F2 ~ 656.93 F3 .' 639.76 665.35 691.98 719.67 Normal Progressicr~ Through Grades 1 2 ~3 4 5 (Starting) (After 6 mo} (After l yr.}(After 2 yrs.) (After 3 yrs.) Grade Assi c~nm~r.ts . Position Classifications Firefighter Fire Lieutenan t Fire Captain Grade Average hours/4!eek l ~ 55.85 2 55.85 3 55.85 r ~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 289 ~~ Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: PERA Legislative Proposals Councilman Anderson has requested that the attached letter from Mark C. Erspamer commenting on PERA legislative proposals be placed on the city council agenda for discussion purposes, Respectfully submitted, ~~ Wayne S. Burggraaff City Manager WSB/e j a 201 West 72nd Street Richfield, MN 55423 Mr. Wayne Burggraaff City Manager City of Richfield 6700 Portland Avenue South Richfield, MN 55423 Dear Mr. Burggraaff: August 19, 1977 D ~~ ~ ~ ~ , n ~ (` n 2 ~~7 1 ~.. ~~•~~ ('4 t ~ w ~i~GY~I,~~L v..) At the request of Councilman Arthur Anderson, I am writing to you about pending legislative proposals affecting PERA benefits. Thanks to the diligent efforts of many public employees throughout the State, we have one of the best retirement programs in the country. Not only are the benefits liberal, but the fund is financially (actuarily) sound. However, there are two basic deficiencies in the program: 1} We have no cost of living clause. With skyrocketing inflation, the best retirement benefit could be quickly eroded as far as real value is concerned. It is of little value to have a $500 monthly income if we have a $1x000 economy. A cost of living clause is the missing link in an otherwise sound program. This is what we are asking for. 2} Currently, an individual covered by PERA has a choice of several options when he retires. If he chooses 50% benefit for his survivor, he must take a proportionate reduction in his own benefits. In other words, he must gamble °° he must gamble on whether or not he will out° live his spouse. We have many sad examples of where the retiree made the wrong choice. We are asking for automatic 50% survivor benefits for surviving spouses without reduction in benefits to the retiree. This automatic 50% benefit has been a part of the state legislators retirement plan since its inception. We are asking for the same benefits for members of PERA. fihese two proposals have been referred to the Legislative Commission on Pensions and Retirement for study and recommendation. The Commission is meeting this summer for that purpose. We understand that any proposals formally rec- commended by the commission have a good chance of being enacted into law when the State legislature reconvenes in January, 1978. Our job is to inform the Commission and our State legislators of our wishes. We must do so while the Commission is still meeting. Mr. Wayne Burggraaff --Page Two - August 19, 1977 I understand that Councilman Anderson plans to ask the Richfield City Council to take official action on these two proposals. They are still just concepts•and are not yet in bill form. Any official resolution from the Council should go to our own three legislators. The Council may also wish to send copies of any such resolution to the members of the Commission, Attached is a list of the Commission rnembers. Thank you for your consideration, Tf -you have any questions, you may call me. Home telephone: 869-8808 Office telephone: 348-3058 Sincerely, Mark C. Erapame~ Secretary, PERTA MCE:bm • " ~ L(sG.LSJ~A'1':LVr CUi~it9ISSIVi4 c.~iJ Pl~:rdS:CONS Ai~)p t;r,'r.1:t,t;r-tr;N1' 197 7 ~~ ncl 1978 SLNA'!'ORS Harmon T. Oydahl 5026 Mor. gan live . S - b4i.nneapolis, b]inn. 55409 Ftome: 926-8119 Room 122 State Office Blcig. Co11in C. Peterson. F3ox 68, Rte. 4 Detroit Lakes, Dtinn. 56501 tIome : Room 24C Capitol F'arl t~7. Renneke R.R. 2 LeSiTeur, t9inn. 56058 lIome : 612.-23"1--2613 12oom 139 State Office I31dg. Eugene Stokowski 2231 Stinson Blvd.: t-tinneapolis, t~iinn. 55418 tIome: 789-7790 12oom 235 Capitol Cap • ItI:F'IZCSEN`I'A'I'.LVES (?_96) •, David I3eaT.TChamp 1211. 25th Ave, Soutlt t•]oorhead, r~iinn. 56560 Iiomc 7.18-233-0277 4109 Room 352 Sf.ate Office I31clg. Jahn S. Biersclorf . ~~--rr~..~~S~--L~.21].a~~J-;~ Q<<~,t---- onn?, i~fi nn~--c~t-, --.~~-`-i(}E~ 4135 Room 399C State Off9.ce 33.].~lg. Donald M. Moe St. Pahl, b]innesota Room 2998 State Office Bldg. 4125 A1 P tt ~"N3"~~ ~Zds . a l; on f (,.- Box 163 Bartell, Minnesota 56377 Home : 61?..-252-62.71 4192 fioom 175 State Office Bldg. Roger E. Strand Cyrus, t-]inne ota 56323 Horne: 612-795-2420 Room 24D Cap~.to1_ Leo J. Reding 709 1?.th Ave. N.~~I. Austin, t-lirmesota 55919 4104 Home: 507-437-3840, Room 351 State Office Bldg. CaL~ - (296) 4321 4 332. 4?_64 4216 4324 e CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. Z 87 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Off-Street Parking, Lyndale Gardens Mr. Burt Rutman, Lyndale Garden Center, 6412. Lyndale Avenue, has re- quested approval of an off-street parking contract. The contract is necessary because of a proposed 10,100 square foot addition the existing structure. The proposed parking layout will provide the following: 1. 2. 3. t!' 4 . 5. 6. 7. 160 Parking spaces Improved access Improved internal parking lot circulation Pedestrian easements for the L/H/N street project Improved underground drainage On-site landscaping Barrier curb on the parking lot perimeter . Mr. Rutman's proposed new addition will be built of concrete panels. Since it is located in the L/H/N project area, he has agreed to move the new structure when the HRA acquires his land through the L/H/N project. It is recommended that the council approve the off-street parking contract with the stipulation that the new structure be moved by Mr. Rutman when the HRA acquires the property. Respectfully submitted, .~~~ S. Burggr~ Y Executive Director WSB/eja cc: Planning and Redevelopment Director Public Works Director O 1 1 /Nr 4 --- New ®' Lands 0M TEO cD AN /( CITY OF RICHFIELD, MINNESOTA Office of City Manager . Council Letter No. 286 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Issuance of Temporary Bonds of 1977 In July, 1977, the city council approved a bid for construction of L/H/N public improvements, City Project No, 705: This cortract for the public improve- ment work is supervised by Hennepin County. The joint agreement between the city and the county requires that the city forward to the county 90% of the Uwarded bid amount by September 22, 1977, In addition, the city must complete the acquis- ition of certain right-of-way properties before the spring of 1978, so that the county can continue the construction of tPie public improvements sct~ieduled for 1978, In order to meet this timetable, it will be necessary for the city to.expend approximately $1 ,4 million during September. It is requested that the council authorize issuance of temporary bonds to finance these project costs incurred and expected to be incurred within the next six months. In the spring of 1978, another temporary bond issue will be proposed to finance the remainder of tl-~is L/H/N public improvements special assessment project. The attached resolution provides for a temporary bond issue dated September 1, 1977, maturing on September 1, 1980 in the amount of $2,300,000. We propose to sell this temporary issue to the Improvement Bonds of 1973 Debt Service i und, which is anticipated to have approximately $4,000,000 in funds available for in- vestment during the next three years. The amount of borrowing includes repayment of a temporary loan from the PIR fund, capitalized interest on the bond issue for three years, and a 19% contingency, summarized as follows: County contract payment due in September $592,161 Repayment of loan to PIR, including interest 557,917 Property acquisition encumbrances 711,914 l Council Letter No. 286 -2- September 12, 1977 Less cash on hand ($223,445) Contingency 316 , 45 3 Capitalized interest (3 years) 345 , 000 . Total bond issue $2,300,000 It is recommended that the city council adopt the attached resolution. Respectfully su fitted, ~~ Wayne S . Burggra City Manager WSB/e j a cc: Finance Director RESOLUTION N0. RESOLUTION DIRECTING THE ISSUANCE AND SALE OF TEMPORARY IMPROVEMENT BONDS, SERIES 31, TO THE IMPROVEMENT BONDS •OF 1973 SINKING FUNDS IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTER 429 BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. The total estimated costs of City Project No. 705, otherwise known as L/H/N Public Improvements, Street Surfacing, Sidewalks, Storm Sewer, Water, Landscaping and Pedestrian Improvement Construction, has been estimated at $3,500,000. It is now estimated that the sum of $2,300,000 is currently necessary to provide financing for the cost of said projects, and it is hereby determined to be necessary to borrow said amount for the payment of obligations now incurred and for expenses necessarily incurred in connection with the construction of said project. There is hereby created City Project No. .705 Bond Funds into which shall be paid the proceeds of temporary bonds issued pursuant to this resolution and out of which shall be paid all amounts due and payable as costs or expenses incident to or incurred in connection with the making of said improvements. There is also hereby created Series 31 accounts in the Temporary Improvement Bonds Common Sinking Fund into which fund shall be paid the proceeds of all special assessments levied against benefited property by reason of the making of said improvements and out of which shall be paid principal and interest on all temporary improvement bonds issued to finance said projects. 2. It is hereby determined that the sum of $2,300,000 shall be borrowed to finance said City Project: City Project No. 705 $2,300,000 by issuance of Temporary Improvement Bonds of the city as authorized in Minnesota Statutes, Section 429.091, Subdivision 3. Said bonds shall be payable from the Temporary Improvement Bonds Common Sinking Fund, Series 31 accounts, but the city further recognizes its statutory duty, as provided by Section 429.091, and covenants and agrees with the purchaser and all holders from time to time of said temporary improvement bonds, at or prior to the maturity thereof it will pay and retire such bonds and the interest thereon out of the proceeds of definitive improvement bonds which the council shall issue and sell at or prior to the maturity of the Temporary Improvement Bonds, to the extent that the same .cannot be paid out of funds available in the Temporary Improvement Bonds Common Sinking Fund, Series 31 accounts, or out of other municipal funds which are properly available and are appropriated by the council for such purpose. -2- 3. It is hereby determined to levy special assessments against benefited property by reason of the making of City Project No. 705 and ad valorem taxes, if necessary, to produce sums at least 5% in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and . on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls subject to the time when said City Projects have been completed and the total costs thereof have been determined. 1 4. Said temporary improvement bonds in the amount of $2,300,000 shall be dated September 1, 1977, shall be one in number inclusive, in the denomination of $2,300,000, shall bear interest at the rate of 5% per annum,~payable March land September 1, semi-annually of each year and shall mature September 1, 1980, shall be subject to redemption and prepayment of any interest payment date, at par and accrued interest. Not less than 30 days before the date specified for redemption of said bonds the City Treasurer shall mail notice of the call thereof to the holder, if known, and said Treasurer shall maintain a record of the names and addresses of the holders of said bond insofar as such information is made available to him by the holders thereof, for the purpose of mailing said notice. The principal of and interest on said bond shall be payable at the Richfield City Hall, b700 Portland Avenue, Richfield, Minnesota, 55423. 5. Said Temporary Improvement Bond shall be offset printed with attached interest coupon in substantially the following form: -3- UNITED STATES~OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD ' TEMPORARY IMPROVEMENT BOND SERIES THIRTY-ONE N0. $2,300,000 KNOW ALL MEN BY THESE PRESENTS that the City of Richfield, a duly organized municipal corporation of Hennepin County, Minnesota, acknowledges itself to be indebted and for value received, promises to pay to bearer the sum of TWO MILLION THREE HUNDRED THOUSAND DOLLARS on the first day of September, 1980, or on a date prior thereto on which this bond has been duly called for redemption, and to pay interest thereon from the date hereof until paid or until this bond has been duly cal°led far redemption at the rate of five percent (5%) per annum, payable semi-annually on the first day of March and the first day of September in each year, interest to maturity being payable in accordance with and upon purchase and surrender of the interest coupon appurtenant thereto. Both principal and interest are payable at the City Hall, City of Richfield, 6700 Portland Avenue, Richfield, Minnesota, 55423, in any currency or coin of the United States of America on which the respec- tive dates of payment is public tender for private and public debts. For the prompt and full payment of such principal and interest as the same became due the full faith, credit and taxing powers of the city are hereby irrevocably pledged. This bond is one, a series in the aggregate principal amount of $2,300,000 issued by said city for the purpose of defraying expenses incurred and to be incurred in the construction of improvements designated as "City Project No. 705" by the City of Richfield, consisting of Permanent Street Surfacing, Sidewalks, Storm Sewer, Water, Landscaping and Pedestrian Improvement Construction, and is issued pursuant to and in full conformity with resolutions duly adopted by the city council after hearing as required by law and pursuant to and in full conformity with the Consti- tution and Laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 429.091, Subdivision 3. This bond is payable primarily from the Temporary Improvement Bonds Common Sinking Fund, Series 31 accounts of the city, but the council is required to pay the principal and interest thereon out of any funds in the treasury in the event that the monies on hand in said funds are at any time insufficient to meet the payment of maturing principal and interest, and is further required at or prior to the maturity of this bond, to provide for the payment and retirement thereof by the issuance of definitive bonds, to the extent, if any, that the assessments and taxes or other municipal funds theretofore collected and received in said Sinking Fund may be insufficient for such purpose. -4- This bond is subject to redemption and pre-payment at the option of the city on any interest payment date, at a price of par and accrued interest upon notice of call for redemption mailed not less than 30 days prior to the date specified for such redemption, to the holder, if known. Bond holders desiring to receive such notice may have their names and addresses and the serial numbers of their bonds recorded by.the City Treasurer. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of -Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said city according to its terms have been done, to exist, have happened and have been performed as so required; that the city has duly determined the necessity of and provided for the construction of said improvements; that the Temporary Improvement Bonds Common Sinking Fund, Series 31, accounts have been duly created and provision has been made for the support thereof by ad valorem taxes and special assessments to be levied, at or prior to the time of issuance of said definitive bonds, for the years and in aggregate amounts not less than five percent (5%) in excess of sums sufficient to pay the principal and interest on aII bonds payable from said fund as such principal and interest become due, and additional taxes, if needed for said purpose, may be levied upon all taxable property in the city, without limitation as to rate or amount; that the holder hereof shall have and may enforce by appropriate proceedings all duties imposed by said Chapter 429 upon the city and its officers with reference to the levy and collection of said assessments and taxes and the issuance of said definitive bonds; and that the issuance of this bond did not cause the indebtedness of said city to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by the signature of its mayor and manager and sealed with its official seal, and the interest coupons appurtenant thereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of September 1, 1977. Mayor Manager ' d5-~ Unless the bond described below is called for earlier redemption N0. $57,500.00 On the first day of March, September, 19 the City of Richfield, Hennpin County, Minnesota, will pay to bearer at the City Hall of the City of Richfield, 6700 Portland Avenue, Richfield, Minnesota, 55423, the.sum of FIFTY SEVEN THOUSAND FIVE HUNDRED DOLLARS latirful money of the United States of America for interest then due on its Temporary Improvement Ponds, Series 31, Dated September 1, 1977. Mayor Manager 6. Said bond shall be prepared under the direction of the city clerk and. shall be executed on behlf of the city by the signatures of the Mayor and Manager, and the corporate seal of the city shall be affixed thereto= and the appurtenant interest coupon shall be executed and authenticated, by the printed, engraved or lithographed facsimile signature of said Mayor and Manager. When said bond has been executed and authenticated, it shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon and said purchaser shall not be obliged to see the application thereof. 7. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as he shall require and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register. 8. The officers of the city and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bond and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating_to said bond and to the financial affairs of said city, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of said bond as the same appear from the books and records under their custody and control or as otherwise known to them, and such certificates, certified copies and affidavits, including any heretofore furnished, shall be deemed representations of the~city as to the correctness of all statements contained thereon. -6- 9. It is hereby determined that there is at the present time a total amount in excess of $2,300,000 in the various sinking funds and other funds of the city which will not be required for other purposes prior to September, 1980. 10. It is hereby determined to purchase the aforementioned $2,300,000 Temporary Improvement Bond, Series 31, upon initial issuance, in accordance with the provisions of Minnesota Statutes, Section 471.56 and 475.66, out of funds in the following Funds and in the following amounts and on behalf of said funds, at par and accrued interest as of the date of delivery of said bond and completion of such sale: Fund Amount Improvement Bonds of 1973 $2,300,000 it being further determined to be reasonable and advantageous to the above funds to invest in said Temporary Improvement Bond, Series 31, and it being further determined to be reasonable and advantageous to the city to sell said Temporary Improvement Bond, Series 31, in accordance with the provisions of this resolution. 11,. The city manager, mayor, and finance officer are hereby authorized and directed to take any and all steps necessary to affect the provisons of the foregoing resolutions and to make transfers of funds as may be necessary from time to time, to give effect to the provisions thereof. Passed by the City Council of the City of Richfield this 12th day of September, 1977. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk CITY OF RICHFIELD, MINNESOTA Office of City- Manager Council Letter No. 285 9 Agenda September 12 , 1977 Deferred September 26, 1977 The Honorable Mayor and 144embers of the City Council City of Richfield Gentlemen: Subject: Public Safety Communications System The 1977/83 Capital Improvement Prograrrr contains an appropriation -.for improvements to the Public Safety Department's facilities . In addition to developing a reserve to meet space requirements at a future time, this appropriation provides funds to upgrade the public safety communications syste±n . The public safety communications system is a very complex mechanical and electronic system. Parts of this system were redesigned and replaced in 1966 when the city hall complex was constructed. Other minor work has been done as necessary. However, most of this system was not upgraded then and now consists of old, outmoded equipment. In fact, some parts of the system that were changed in 1966 have now become obsolete, because the system relies on mechanical switching devices and vacuum tube transmitters, rather than elec- Ironic switching devices and transistorized circuitry transmitters which represent the current state of the art. This has made the existing system unreliable for emergency uses, and has resulted in numerous mechanical failures over the past two years . For example, on May 31, i 977 , the entire system was disabled for more than fJUrteen r~ours because of mechanical breakdov+rr.: During this-time, communications were available through a makeshift backup system consisting of a portable radio connected to a rooftop antenna with reduced range and signal capability. This incident is symptomatic of the problems experienced with our basic communications system over the past two years and is the reason- for the council acting to include this project as part of the 1977/83 Capital Improvement Program . Based upon the Public Safety Department assessment of the equipment, it appears that these problems will only continue with increased frequency, in the years ahead. The very rapid advances in public safety communications through new equipment, frequency allocation, and inter_agency communication capabilities ~ demons},.rate the shortcomings of the existing system in Richfield. Our leasing arrangement with Hennepin County provides all mobile and portable radios used within the police division, The portable radios to be used by the fire division will Council Letter No. 285 - 2 - September 12, 1977 also come under this leasing arrangement, and we have recently purchased all new mobile radios for the fire division. Therefore, we find ourselves in the position of having outstanding field communications equipment, but very sub- standard base station equipment. `° Because of the very technical nature of this matter, it appears to be advantageous to seek help from a competent professional engineering consultant to lay the groundwork for the required improvements to our current system. Some preliminary discussions regarding this project have been held with the Michaud, Cooley, Hallberg, Erickson- & Associates, Inc, engineering consulting firm. Michaud-Cooley has done a great deal of work in the metropolitan area on public safety communications systems and is currently handling the contract for the 911 Emergency Telephone System, as well as the emergency communications center contracts for the cities of Minneapolis and St, Louis Park. Their involvement.in the emergency communications area in these other communities will be beneficial to the City of Richfield , Basically, the consultant will address the issues concerning the exact problems and needs of our communications center; consider alternative ways to meet these needs; draw technical design plans to be used to resolve these problems identified; participate in the development of formal specifications; review bids based upor, these specifications; and, finally, monitor installation of the improvements. Based upon our discussions -with Michaud-Cooley, they have submitted quotations for athree-phased program to provide the assistance outlined above: Phase I Preliminary Design Plan Consulting Fee $3,400 Phase II Detail System Design Consulting Fee $4, 200 Phase III Installation Monitoring & Consulting Fee $1, 200 Final Inspection $8,800 This plan will provide for a thorough examination cf our problems from a technological perspective and provide some guidance in selecting feasible alter- natives for correcting the inadequacies of our present communications system. A reliable and efficient communications system is essential if we are to pro- vide adequate public safety service to this community. We can no longer comfortably rely upon our existing system. Therefore, it is the recommendation of the Public Safety Director, in which I concur, that the city council authorize Phase I of the agreement with Michoud-Cooley. At the conclusion of this phase, we will establish a recommendation for the specific equipment replacements and additions which will be proposed to implernent improvements to the system. Respectfully s mitted, ~~. Wayne S. Burggraa City Manager WSB/jkl cc: Finance .Director Public Safety Director r CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 285' Agenda September 12 , 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Public Safety Communications System The 1977/83 Capital Improvement Program contains an appropriation for improvements to the Public Safety Department's facilities . In addition to developing a reserve to meet space requirements at a future time, this appropriation provides funds to upgrade the public safety communications system. The public safety communications system is a very complex mechanical and electronic system. Parts of this system were redesigned and replaced in 1966 when the city hall complex was constructed. Other minor work has been done as necessary. However, most of this system was not upgraded then and now consists of old, outmoded equipment. In fact, some parts of the system that were changed in 1966 have now become obsolete, because the system relies on mechanical switching devices and vacuum tube transmitters, rather than elec- tronic switching devices and transistorized circuitry transmitters which represent the current state of the art. This has made the existing system unreliable for emergency uses, and has resulted in numerous mechanical failuras over the past two years. For example, on May 31, 1977, the entire system was disabled for more than fourteen hours because of mechanical breakdown. During this time, communications were available through a makeshift backup system consisting of a portable radio connected to a rooftop antenna with reduced range and signal capability. This incident is symptomatic of the problems experienced with our basic communications system over the past two years and is the reason for the council acting to include this project as part of the 1977/83 Capital Improvement Program . Based upon the Public Safety Department assessment of the equipment, ft appears that these problems will only continue with increased frequency, in the years ahead. The very rapid advances in public safety communications through new equipment, frequency allocation, and inter-agency communication capabilities ,,,, demonstrate the shortcomings of the existing system in Richfield. Our leasing arrangement with Hennepin County provides all mobile and portable radios used within the police division. The portable radios to be used by the fire division. will Council Letter No. 285 -2- September 12, 1977 also come under this leasing arrangement, and we have recently purchased all new mobile radios for the fire division. Therefore, we find ourselves in the position of having outstanding field communications equipment, but very sub- standard base station equipment. Because of the very technical nature of this matter, it appears to be advantageous to seek help from a competent professional engineering consultant to lay the groundwork for the required improvements to our current system. Some preliminary discussions regarding this project have been held with the Michaud, Cooley, Hallberg, Erickson & Associates, Inc. engineering consulting firm. Michaud-Cooley has done a great deal of work in the metropolitan area on public safety communications systems and is currently handling the contract for the 911 Emergency Telephone System, as well as the emergency communications center contracts for the cities of Minneapolis and St. Louis Park. Their involvement in the emergency communications area in these other communities will be beneficial to the City of Richfield . Basically, the consultant will address the issues concerning the exact problems and needs of our communications center; consider alternative ways to meet these needs; draw technical design plans to be used to resolve these problems identified; participate in the development of formal specifications; review bids based upon these specifications; and, finally, monitor installation of the improvements . Based upon our discussions with Michaud-Cooley, they have submitted quotations for athree--phased program to provide the assistance outlined above: Phase I Preliminary Design Plan Consulting Fee $3,400 Phase II Detail System Design Consulting Fee '$4, 200 Phase III Installation Monitoring & Consulting. Fee $1, 2.00 Final Inspection $8, 800 This plan will provide for a thorough examination cf our problems from a technological perspective and provide some guidance in selecting feasible alter- natives for correcting the inadequacies of our present communications system. A reliable and efficient communications system is essential if we are to pro- vide adequate public safety service to this community. We can no longer comfortably rely upon our existing system. Therefore, it is the recommendation of the Public Safety Director, in which I concur, that the city council authorize Phase I of the agreement with Michoud-Cooley. At the conclusion of this phase, we will establish a recommendation for the specific equipment replacements and additions which will be proposed to implement improvements to the system. Respectfully s mitted, S. Wayne S. Burggraa WSB/jkl cc: Finance Director Public Safety Director City Manager 4' CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 284 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen; Subject: Request for Zoning District Change - 6538 Bloomington On July 11, 1977 the city council initiated a zoning district change at 6538 Bloomington Avenue, from C-2, General Commercial, to R, Single Family Residential. At that time, the city council referred the rezoning request to the planning commission for review and recommendation. The following items are attached to this letter and will be referred to throughout: Exhibit A - Site plan Exhibit B - Current land use Exhibit C - Current area zoning Background Parcel Size: Existing Structure; Proposed Rezoning Area: Site Zoning/Land Use: 50' x 130' 22' width x 38' length 13' x 130' Zonin N-single family residential E-W-S- general commercial Land Use N-E-W-S -single family residential Comprehensive Plan: The comprehensive plan indicates. medium density mixed land uses Staff Review Comprehensive Plan: The comprehensive plan indicates medium density mixed land uses along both sides of 66th Street. It would appear, however, that the logical terminus for this land use is the alley separation vn the north and south Council Letter No. 284 -2- September 12, 1977 side of the street. This physical separation would help create a strong open area between the single family residential and the commercial areas on both sides of 66th Street.. In j.nitiating this rezoning, the council also asked that the commission con- tinue astudy of land uses along 66th Street. The planning department has com- pleted apreliminary land use study for this area, with the following findings; 1. The boundaries of the C-2 general commercial district along 66th Street , when first established, were so vaguely described as to cause some instances of different zoning. on the same parcel of property. For example, part of the property (13 feet wide and 130 feet deep) at 6538 Bloomington Avenue is zoned C-2; the rest of the property is zoned single family residential. A similar situation exists on approximate. ly 15 other properties on both sides of 66th Street. 2. The existing commercial land use is developed within the plat of property lines. On the north side of 66th Street, between 13th Avenue and 16th Avenue, the east-west alley behind the commercial uses has generally. served as an obvious separation for the commercial development to the south and residential development to the north. Land use north of the alley, with one exception, is single family residential. The one exception is a single family home located on l~lth Avenue which has been con- verted into a TV sales and repair business . The east-west alley does not run the full distance between 11th Avenue and Cedar Avenue. For the first two blocks east of 11th Avenue and the first three blocks west of Cedar Avenue, there is no alley. 3. With the following exceptions, most of the existing land use along 66th Street between 11 th Avenue and Cedar Avenue is commercial: e A. 15 single family homes B. 3 multiple family structures C. Church related property The predominant use in the area along 66th Street is retail sales and service with some general office, and some limited commercial. 4. The arrangement of lots , streets and alleys has encouraged commercial and residential development in one form based on property lines, but the zoning ordinance has encouraged commercial development irrespective of the property line arrange- ment. The result is intermixing land use relationships which will have an overall detrimental effect on the zoned residential neigh- borhoods on 66th Street, as well as the commercial development of 66th Street. Council Letter No. 284 -3- September 12, 1977 Although there are several single family homes in the area, ,there has not been a significant number of single family homes converted to commercial uses. .Usually the conversion from single family homes to commercial use will create a blighting influence on the neighborhood because of the structural differences required in single family home construction and typical commercial construction. Problems identified in this preliminary study include: 1. Intermixing land uses 2. Insufficient buffering between incompatible land uses 3. Zoning of single family homes for commercial uses 4. Limited economic potential of businesses on 66th Street to a threshold higher than neighborhood convenience type businesses. S. Strip commercial with serious curb cut and traffic congestion problems on 66th Street The planning commission and city staff will continue this study as requested by the council. Staff Recommendation It is the opinion of the staff that a rezoning of the property at 6538 Bloomington to single family residential would be beneficial to both the neighborhood and the city. It is the staff's recommendation that the requested rezoning be approved.. Planning Commission Recommendation The planning commission heard the request for rezoning at their regular meeting of August 23, 1977. The owner of the property appeared in support of the rezoning, indicating that she wished to apply for a Minnesota Iiousing Finance Agency home. improvement grant, but that all of her property must be zoned single family residential in order to qualify for this grant. Councilman Ludeman expressed his feelings that it would be a good practice to have the lot zoned all single family residential. Two nearby residents also appeared asking if this rezoning would affect their property values, since when they purchased their property they were told that it was worth more being zoned part cormercial. The planning director indicated that this rezoning would have no effect on their property values . Council Letter No. 284 -4- September 12, 1977 -The planning commission recommended that the city council approve the request for rezoning of the property at 6538 Bloomington Avenue from from general commercial to a single family residential. ° Respectfully submitted, ~~~Q C:J• ~~' Y""". Wayne S . Burggraaff City Manager WSB/eja cc: Planning and Redevelopment Director Acting Public Works Director ` ~ J ..._ ..r 133.69 ~,. a ~ , ~ ~~ ~ a ~~ z 0 3~~ ~ aE ~ L ~E i" i O ~' ~ ~5~~' • _ .._~ 133.64 ~ f -//~ Scafe~ (~~- ~J A '~ ~ •K~ ,. ~ ~ ~ ''.C . ~ , 56 _., yq •~ _..~ _ ~_ ._ ~ Z., f' ~ 1L{ VL -- (57 -J _.~ F -~:, _._ j _.,.1.__~_ __~ V~~''`' J'~vc.~ L b O t:f1 1 R! 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C_~ ~ C ~, _ ~F ~ 1 .D J -- N ..,~5 W ~• I ' f" l - .. r. .~ .. _ I ~~_~___L.___. _.__~_~~.___ ____._ .~ c c ~ • ~ s., Y 3z- ._._._ J u, ~~ rn-rl`r ~ F• ~_~~~__ r r j 1 t~ / . ~ j •~ .l~ ~+~ -~ 1~ •e ___~.r.~.._. ~ _.. --~s z, n ,.s °.5~t a, Q G n ~ -- s o ~~„ ~ ~ . 3 ~ - C t--I 15 _ ~' ~ ~ `~ 1~`N :~ ~ : C~ f ~~_ - f T f ~ ~ ~_~ •.~ i_~ I~ ~ C J l J :; - ; ~ i j ~ -~i ca cp i ~ ~~~ N ~- rv • •ri '-. 99~ I~~-- f~ ~~ i X16 ~Zt't.i 1 IEL`I I _ ~ • I I C7 - _ I ~ ` __ r -_~,-.~-p~-~- _._._ __ _n ~7 7 < A• W v` ` ___ ~ ,,- ! i ``<a~r~ , n~ t ~ 3 -~ - S7 J Jl i Ci~ ~ 'sl f-) - ---~ 4 • 7 1 y .. ~' - --------'--.~_____.~_'..-..a... ._.. ~' - __ p9 } `'i. - - ~-u - . _ _ i _ -. ~ , ~ _~~'~. _.___.__~_._ 14 _...._....._.._ ~ ,._ _ _~s.... ________.__~.___...____._ ~_ -I-I ~ ~-C- , ~ ,- /' ~ ~'' O~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 283 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject; Street Barricades Ms, Donna Hoops, 6944 First Avenue, has requested permission to have First Avenue, between 69th and 70th Streets, barricaded during the hours of 2;00 p,m, to 10;00 p.m, on Saturday, September 17, for the purpose of holding a block party. The only stipulation attached to this request is that the city erect the barricades and that they be erected in such a way so as to permit ingress and egress of emergency vehicles should this be necessary during the block party, Respectfully subm'tted, ~• ~~~~ Wayne S . Burggraaff City Manager WSB/e ja cc; Public Works Director Public Safety Director 3 _f CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 282 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen; Subject: Request for Variance-6235 Pillsbury Avenue South Mr. Joseph Scanlon of 6235 Pillsbury Avenue has requested a variance to the ordinance which establishes his sideyard building setback line. Mr. Scanlon would like to construct an addition to an existing attached garage. Background Parcel Size; 77.7' x 135' (10 , 489.5 sq. ft. ) Existing Setback; 16 feet Proposed Setback; 6 feet The affected property is a corner lot on the southeast corner of Pillsbury Avenue and West 63rd Street. The variance is requested for the sideyard to West 63rd Street. The applicant intends to expand an existing single car garage into a two car garage . The sideyard setback from the street for a corner lot is required by ordinance to be the same distance as the front yard setback. When a dwelling has been construct::d less than this distance from the sideyard lot line, the side of the dwelling most near to the street becomes the established building setback line. Thus, any structure which extends beyond the side of the existing dwelling re- quires avariance . Zoning Requirements A request for variance must be judged in accordance with the conditions set forth in Section 3.41, subdivision 6 of the city code. The city council should approve granting of a variance only if it is found that all conditions necessary for granting a variance are present on the property. Staff Review The staff has reviewed this proposal for the conditions which must be present for granting a variance; Council Letter No. 282 -2- September 12, 1977 .,1 1. That there are special circumstances or conditions affecting the particular land, building or use referred to in the appli- cation, not common to other properties in this or similar districts . It is the opinion of the staff that there are no special circumstances or conditions affecting this property or building not common to other properties in this district. 2. That the granting of the application 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 preserva- tion of substantial property rights . Denial of the variance does not preclude the applicant from using his property as a single family residence. 3 . That 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 of the applicant and will not be materially detrimental to the public welfare, or injurious to property or improvements in the neighborhood. It is the opinion of the staff that the granting of the variance will not materially and adversely affect the health and safety of the neighborhood or be detrimental to the public welfare or injurious to property or improvements . Staff Recommendations It is the opinion of the staff that all three conditions necessary for granting a variance are not present on this property and, therefore, the request for variance should be denied . Planning Commission Recommendation The planning commission reviewed this variance request at their regular meeting of August 23, 1977. The property owner and one nearby resident appeared before the commission. The planning commission voted to recommend to the city council approval of the variance at 623.5 Pillsbury Avenue. Respectfully sub fitted, ~~ f ~. / V" ~~ Wayne S . Burggraaff City Manager WSB/e j a cc; Planning and Redeveloiiment Director Acting Public Works Director ~, .e ~( t, , E , I 1 ' ~f a6 .. .. ...... .. .. .,....._... ..._. _ .. ... ... .. .. _. ~ _. ~~ OO '. v ~~ t ( Ueaelling ~ ' G t~ U~ - IQ' s.! ~ ~ ~, ~, f~ ~~ ._..~..~~~°-__- --1 .~` Exis'r. ~ ' E;>:ist. Ftfc~g. [~ne~ GaracSfa ~ . ~~ T ' - ~-~ ~~. ~ v ~ -~ r ~ rt Scab ~ I °.. ?U~ s . CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 281 Agenda September 12, 1977 The Honorable-Mayor and. Members of the City Council City of Richfield Gentlemen: Subject: Authorization to Advertise for Bids for Boulevard Tree Planting The purpose of this council letter is to request council authorization to advertise for bids. for boulevard tree planting. This program will provide for planting of trees to replace boulevard trees lost to Dutch Elm Disease. There is $7,628 available for this purpose. $5,000 is appropriated from the Revenue Sharing Fund in accordance with the adopted 1977/83 Capital Improvement Program, and $2,628 is carried forward from an unused appropriation designated for boulevard tree replacement by council action of September 10, 1973. It is recommended that the council authorize the advertisement for bids far boulevard tree planting . - Respectfully submitted, Wayne S. Burggraaff City Manager WSB/jkl cc: Acting Public Works Director Finance Director -. -. " CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 280 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen; Subject: Plat - O' Hagen Addition to the City of Richfield Mr.jerol O'Hagen, property owner, has requested approval of a preliminary and final plat of two lots located at the corner of Emerson and 73rd Street. The proposed new lot will be an 8,727.7 square foot lot with a 65 foot frontage. Al- though the subdivision regulations call for 75-foot lots, the lots in the immed- iate area of this proposed plat are 50-foot lots, and it is reasonable that. a 65- foot lot could be platted in this particular subdivision. The preliminary plat indicates a drainage pattern which will drain the water around the house proposed to be located on the new lot and into the street down Emerson Avenue into Wood Lake. The driveway curb cut would be created on Emerson Avenue. There is presently some water pooling at the end of Emerson Avenue. A 200 foot long, 12-inch pipe connects the catch basin at the end of the cul-de-sac on Emerson Avenue with Wood Lake. At various times of the year, this catch basin becomes clogged with debris and creates a drainage problem. The water from the new lot will not substantially add to this problem. Plannin Commission Recommendation The planning commission reviewed the preliminary and final plat for this subdivision at their regular meeting of August 23, 1977. The property owner and his engineer appeared before the planning commission. The commission discussed at some length the drainage problems in this area. Two area residents inquired about drainage and sewage backup problems in the area and asked if the pipes were adequate to handle another dwelling. The planning director and city engineering staff indicated that the existing Council Letter No. 284 -2- September 12 , 1977 four inch pipes would be adequate and that the proposed plat would have little effect. The planning commission voted to recommend to the city council approval of the preliminary and final plat for this subdivision at 73rd and Emerson. Respectfully submitted, Wayne S. Burggraaff City Manager WSB/eja cc: Planning and Redevelopment Director Acting Public Works Director a, Y,s CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 279 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Resolution Requesting Bocce-Ball Sets Governor Rudy Perpich has donated his increase in salary as governor over the next 18 months to be used in the promotion of bocce ball. The Governor has requested the League of Minnesota Cities to administer a program using these funds to purchase bocce ball sets and distribute them to cities throughout the state . The League of Cities program requires that any city may request bocce ball sets by passing a resolution of the governing body. The sets of bocce balls will be distributed on a first-come, first-served basis over an 18 month period. For a city the size of Richfield a maximum of three bocce ball sets may be available. Attached is a resolution which it is recommended that the city council adopt. This resolution will be forwarded to the League of Minnesota Cities in applica- tion for three sets of bocce balls to be provided to the city under the Governor's Bocce Ball Program. Respectfully submitted, GeLy~. . Wayne S. Burggraaff City Manager WSB/e j a cc: Acting Parks and Recreation Director t RESOLUTION NO. RESOLUTION REQUESTING BOCCE BALL SETS WHEREAS, Governor Rudy Perpich has made a donation to be used in the promotion of the sport of Bocce Ball, and WHEREAS, the League of Minnesota Cities has accepted this contribution , and is acting as the governor's agent, and WHEREAS, the League of Minnesota Cities has indicated that Bocce Ball sets will be provided to cities within the state on a first-come, first served basis, if requests are made by the governing body of the city, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the City of Richfield does wish to receive three sets of Bocce Balls in accordance with the program guidelines established by the League of Minnesota Cities, and BE IT FURTHER RESOLVED that the City Council does hereby submit this resolution to the League of Minnesota Cities as a formal request that the City of Richfield be placed on the waiting list to receive three sets of Bocce Balls. Passed by the City Council of the City of Richfield this 12th day of September, 1977. Loren L. Law Mayor ATTEST Thomas j. Moran City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 278 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Request for Zoning District-Change, 6941/6945 Penn Avenue Mr. Jerome H. Imsdahl, property owner of 6941/45 Penn Avenue, and Mr. Ralph- J. Spearing, Treasurer, Penn Properties, Inc., Bloomington, have requested a zoning district change from single family residential (R) to multi- family residential (MR} . The rezoning request was initiated by a valid petition representing more than 50 percent of the land within a 300-foot radius of the affected property. The purpose of the requested rezoning is to allow construction of a six family dwelling unit on the two lots located at the corner of Penn Avenue and 70th Street. The following items are attached to this letter and will be referred to throughout: Exhibit A - Proposed site plan Exhibit B - Current land use Exhibit C - Area included in rezoning petition Exhibit D - Current area zoning Exhibit E - Comprehensive Plan (Land Use) Exhibit F - Comprehensive Plan Goals and Policies relating to land use Exhibit G - Letter from applicant Background Parcel size: 112 feet x 135.5 feet (15, 176 square feet) Zoning requires a minimum of 10,000 square feet Existing Structures: None - an existing building which was used as a non-conforming plant nursery retail sales area on . the corner lot has been demolished Property Structures: A six-unit three story multi-family structure and ode six unit garage structure. Council Letter No. 278 Proposed Setbacks: -2 - September 12, 1977 Dwelling: 30 foot front-ordinance requires a 30 foot minimum frontage 25 foot south sideyard setback-ordinance requires a 25 foot sideyard 25 foot north sideyard setback-ordinance requires a 25 foot sideyard Site Zoning/Land Use: Single family residential/vacant South lot was formerly used as anon-conforming retail plant nursery, Surrounding Zoning/Land Use: Zonin N -Single family residential E -Single family residential W -Multi-family residential on the first three lots on Penn and 70th Street. Single family residential on the remaining lots between 69~h and 70th Street west of Penn Avenue S -Single family residential Land Use N -Single family residential E -Single family residential W -Multi-family residential on the first three lots (8 units) S -Single family residential Comprehensive Plan The comprehensive plan of the City of Richfield indicates that this area should be developed with -mixed land uses of medium density, through a combination of the following principal uses; single family dwellings, multi-family dwellings, town- houses and neighborhood convenience commercial. The goals of the comprehensive plan indicate that the city should provide a complete range of land uses within its boundaries, while assuring that future land use developments will not adversely affect adjacent uses, and assure a logical harmony between the land uses, It is also a goal to preserve the predominant residential character of the community. Richfield's policies on land use are to assure that ail zoning changes conform to the comprehensive plan. Staff Review As noted, the comprehensive plan indicates medium density multi-family residential use mixed with 'various other types of compatible residential uses Council Letter No. 278 -3- September 12, 1977 along Penn Avenue from 74th Street to 69th Street (with the exception of the cemetery) . The proposed medium density development, 17 dwelling units per '~ acre with floor area ratio of 42.7°io, conforms to the city's adopted comprehen- sive plan land use goals and policies and can be considered as an implementa- tion of those adopted policies . The two lots are presently valued at $21, 000 . The market value of the multi-family unit and garage after construction is estimated to be $240, 000, which will generate approximately $10, 416 annually in taxes . The area surrounding this proposed rezoning is zoned single family residential .and the land use is predominantly single family residential. An exception is immediately across the street,- where two buildings at 69th and Penn Avenue provide eight units of multi-family residential. The property on the corner has for a number of years been anon-conforming retail plant nursery, tree sales lot, and vacant lot. In 1976 a request was made by the then property owners for a special use permit to continue the non-conforming plant/nursery business on that property. This special use permit was requested in accordance with a. stipulation in the original special use permit that the permit must be renewed if the property owners hip changed . However, the applicant withdrew his application on May 10, 1976 and the council took no action on the special use permit. Staff Findings The question of spot zoning has to be considered in this requested zoning district change. Although the comprehensive plan indicates that the area should be developed for mixed uses, including multi-family residential, this change could be viewed as spot zoning, since there are no contiguous multi-family zoning districts except the small one across Penn Avenue, which could also be classified as a spot zone. The question that must be considered is: will this zoning change affect surrounding property values over a long term or is it, in fact, one method of accomplishing the city's development goals of creating mixed land use along Penn Avenue. Spot zoning generally will materially affect surrounding property values, if • not presently, in the future. However, in this case, the comprehensive plan specifically calls for a mixing of land uses along Penn Avenue. The policy to mix those uses has been created; if that policy of mixed land use is to be implemented, the requested zoning district change to multi-family is within the city's overall land use policy. The traffic volume on Penn Avenue is 17,850 ADT with peak hours between 6 a.m. and 8 a.m. and 4 p.m, and 6 p.m. Traffic records on 70th and Penn indicate the following: 1972 1973 1974 1975 Number of accidents ~3 1 4 4 Council Letter No. 278 -4- September 12 , 197' .~ Although traffic counts are not available for 70th Street, the public safety department does not feel that the number of accidents at 70th and Penn Avenue is alarming, considering the volume of traffic on Penn Avenue. The proposed development would generate approximately 48 vehicle trip ends per day, which is not a substantial increase in trips on Penn Avenue. It would also not be a substantially increased number of trips on 70th Street at Penn Avenue. Although the current request is for a zoning district change, a special use permit will also be required for this development. Also, if the development goes through as proposed, at least two variances will be necessary. The developer desired to proceed with the zoning district change at this time, although the necessary data to review for a special use permit and variances was not yet available . Recommendation It is the opinion of the staff that the rezoning of this property to MR for a six unit milti-family residence is in conformance with the city's adopted land use policy. It is, therefore, recommended that the council approve the request for rezoning. Planning Commission Recommendation The planning commission reviewed this request for rezoning at their regular meeting of August 23, 1977. The applicants appeared before the planning commission and indicated they had hand-carried a petition through the neighborhood to receive community response to their proposal. They found that a:e neighbor out of 47 expressed disapproval, and were unable to contact four others. Three area residents appeared at the meeting. Two residents indicated concern that the building should have some character, while the third resident felt that there would not be adequate parking for the two bedroom units, and expressed concern with how many trees would have to be removed. The applicants indicated that they would address these concerns in their site plans which would be submitted in the application for the special use permit and the variances. The planning commission recommended that the city council approve the request to rezone 6941/45 Penn Avenue to multi-family residential. Respectfully su mitted, S. Wayne S. Burggraaff City Manager cc: Planning and Redevelopment Director Acting Public Works Director WSB/e ja .~ '.. 1~ .. ~~te~ t"=2o' m ~o' ~ ~~ e o ~.~ M~ ire ~, ~ Ef1fFQRG~ E 0 Y~ tta ets ~ _ ~' Q ` ~• ,~ ~~ ~'h ~ r' i J :63017 _ oa ~.E..B ;~ (]zg ~~ ; . ~ ! s ~ ~c6 ~ I e{ ~ ~ 1~ ~ - 0-s2 '. ~:~ : 16 ! ~, tl ~~ao ~"~ t -~~ }-.. 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'' ,tel..g.-~~ ,_^;•lS ` ..._' G< y ~r~R ) ~---r- Ij`t vs .. ~'"~l~ - ,.___°~ 'T ,~ n a ~~ i. .. . et on6 ..Y 1~ .•: _ l,. ~~ ,j ~Xyh. `c•$ ~t_-Y--° [ ~r ~ j7_ l ~ri ' .n t'~ ~, !r t. ~~ _ ~ , `•{ Y ~' .`fit- .'ff. Y. J ~ ~ _ -~ 11 4~ ~i •' -:.3~. s f, <'ia'._:'~.m_ =r'~ .~~:..t:~ ._ `•~, 4' 3< ! ~k._i;~~ _'~~ ~ is x r ~ •t z - .x~ I+r, 1... ..~- 35 f f ~.. ~ r 'a. iC a r- • .j~ l~ I ~ `- - -P-~- t Y'D~.,'.1iti" (~la~' Sso Sl°~ sc 3rv. .f~a 3/A l~ ;,c ..St'. ~'`,~ - v r ' I •' _ ( - ~' i e ~ 3 `~ ~ I ~ '~.~:sc ' f ~J: e.n e ~ sr• 't+- I ;~a`~ '1 v ~ `~ ~.. P ,.,: :'f• ~ `~J..._-~-.. 1 ~ ~ a t" r w ! I Q t~l° . `~~ ~~tt<~ ~ ~1~ i ;~ . ~ ~ ~>,,, ',,,; h ..~.. 1~- ~ ice, •~ ~ j i. i +• o°• ~[L_~E~H~ I~~UJ~(lln~~ LIMITED BUSINESS ~~ GENERAL MULTIPLE ~~ COf~MI..I\CIa~ ~ESI[}E(~CE ~ ' X~ {{ . ~~ t~ c ~p i -~- ~~7~1L~ . the following statements express trle general goals of the com- taunity a..n tkle current and future use and ma-riagement of if:s land xc aourc:rs . T,anc] Use ~ . ~~~. ~t shall he the goal of the col~.Inunity : . 4 ~e `~'o providr~ for a cozl?p?.ete range of potent-ial land uses wzth- i '•. 2v ~.'v ~_n~,ure t_ha.t the usc~ of \`he l~.rlci c~/ith:in ~;ichfi.eld re etas t.o :~arld uses outside its Uorders < 3< ~Rc.~ ~~Cure that fut.lirc: c~evelo,lren~:. of the land will nog: cdZ.ri~r~3e~~.r i37=~C.Ct c d]3.CE'.i2t L?SE_'S. ~a Flo c~~:tea~lpt to develop a iogical I~ar_m:~ny hetcvicen- vara.ous ~.ara uses wit~3a.n the cor~~:~?unity. ~:. ~'o pro ~~ec u 'c.ht~ px°o;~:e:rt1T rights of the ]_I::i:LV 1f~lla~. to the ext.~~r.'~ thai. they do not irllp~_.-~ge upon .the pr opez-~y rights of Ul::ia.gw'?'~ . 6. `~'o preser`9e and eni:arse the predamirlalztl~~ resic]entiai cha~'_ actcx• oa the com-r:unity. . ~OI~t11c.~,iGI? Tt sh~.]_1 he the aoal of the cozr~munity: 1.< To clctcrmin:_~. an opti.:num pop~.~.l.aticn size f-or the cozll~l?unity, a.t?d i.a glzic:~e deV~:lclp~:l~~n~. to~~~~,.I:d ~;.~~at end. ~ a ~f~7 ~T.~1~;\i?"E tiIclt c !_~. C.1''~i.'sCily Of t:11C-'. C.OI11S:tUI?1.t j hc'1V'.' t:~C: Ot~l~?O~ -~ • tUn?.i-~,' ~.C: I1ci1~c_' ~ l?_t~. ..a 0-' 03: pl7.~l.'~C Z~tC:?_1.1{:.;_GS ELI'1.'~'t a O.:~V1t.:•C?~: 3. fSo i.nsiu-r~ that no c_tizc~n of the cvmrnunz.t•.y 3_s i.~'P~"ivec~ of h:~s huln~:ll: ant? civil x ~_,h ~:s . ~ _ . ~:. 4. To nail?{~~.~.n a wa11 Ua1.~~nce.d r_.om.~utilyity which can sozVe thn nceci:~ of people of all ages. 5< 7'a ez?cct~rage the ~~cta.ve, ronstructiVC~ participation of_ aI.]. residents in the plal?nirl~~ pYoce~,s . . _~ Iiotts~I?g .4____._._.___.~_...~.._ .__._._...._.._~_...._____..___..,.._ .._.r..__ ..... ... .. 7t. si-a].l . he the goa]. of the CC7mrl1ullit.y ' :f 1 --z-- I.O. ~'he City shall provide and mainta~rt a complete set of statements, physical plans, and develo meat p°l~-cy P program strate- gies to serve as a relevant and purposeful reference to guide private and public development within the coizununity hand tJse e J:t shall be a policy of. the City: ~• ® All public improvr~ment programs or pr_ i.vate applic.,ata.ons for rezoni_ngs, special use perrzits, variances, or land sulaciivi.s-• ions, shall be appiovec~ only if shoran to bd i_n accordu~ice ~ri-L-Ia the reco.~uttez:clatioris of the Co;npreher~sive P?an. . 2 ° rill pry-y~~ to dov`a_oper s s?~aa1l be enco'.xr_ aged to use air spare ovc:~ er,i_st._ing public .~:ic~ht--of--t-gay t:o <~~°,~ ld exi.sti_,~g la;i~; t;.~~.~, or a_n thv creatian of :iew t;sc~s having 'a positive bc.nc-- fi t ~_i~ expaz-.da.ng tine tax brio of -~.he cc~r~unt~tr<-i t r. ~t :>?3~J.J_ be t:hc po7.a_cy of the: C.'r.t.y: : ~-• Iv^1•r J.C~ncry tz~;e op~~ortu~s t:ieC ,~zc:li be pz.o~ric"e^ only to the e<:te;~ia th~~f: t:-hey do r_ot ncre~:~,e tl~e. po,-, i ula C.. ton ol. f..:'tL C]_L'y to a sizes iz~ eycess of 55, ~~0 ~~eo~=~.e •~zz 1530. 2. 1111. Hera land. use proposa]_s bc~ evaluated in terms of the: rc~? a•- rive impact ~ it twill have on t~ze pot .i_cy of" • coast:raping pope- . l.ation to Hat exceE~d~_ng a size of 55, OOp people in p90. Hour S_nc~ • It :shall be a po1_icy of the City l.' I~:ic~h rt:znc]az:tis of res.i.dential devel.oprnent tail) he requi.r.c=d a~acT t~ c%moi:cd thr_oucfh .the Co;uprc~hensi_ve Plan and the plalznialg. process. ?.. TYI t:l~e ~_nt_er_est of dev ~• . e1-aping' a diver~ifa.ed housing supply, a balance bG'Ct'IG-1en high acid loca .value ho%1C'.s will be sought with z:escrvai.ion that .lotael- value housing shall not become { so e;:tcnsi_vo as to placo an uxldue finaa~ciaJ_ burden o;z the focal to}; ba:;e. . ~. ~bsentec~ otancrship of z°ental haute in ~ _ ~._ "' g, co~n;nc1_cial and indu.~ i tr. ial e~zzterprices sh~-zl1_ be di.scouragcd. _` ~• C1:tizens shall be expected to maa.ntain their homes to meet ! the ini.nimum standards set by the City _Council, and other r'zppropriate regulatory agencies . - .-_ ._.. _ .. _ _.~...._._w ..._.. _.. . C7Tl' OF RICHFIELD The followa.ng is a brief description of the•project proposed for the property at 6941-45 Penn Avenue South, Richfield, for which we need the zoning changed from R. to 1~1A. 6941 Penn Avenue South (4G°x].33.5°) Legal--Lot 13, B]_ock 10 TingdaJ_e Bros. Lincoln I}ills l~.ddition. Frontage on Penn is 46°. T}Iis lot is and has been vacant property. 695 P~:nn Avenue South LegaJ.--Lot 10, Block 10 ~ti~oodJ_a?.e I3ighlands Addition. FrOIttage OI7 ~E'_nI1 1S 56 ° . 69G5 caas used as a Tvursery Center for several years w}Iere Christmas Trees were sold dur.-~.ng the Christmas Season. On this lot was located a frame building apprr;:-:imately 20xl_0 which 3_rI recent ye_3rs had deterioratec_i badly. The grounds had become over.gro..m with weeds and the corner had become an eyesore. S}~ortly after Penn Properties Inc. acquired the two pieces of property, we received t~•.o letters fraln John [~7adhams, Public Health Environmentalist requesting that the situation be corrected. The weeds were subsequently cut and property generally cleaned up. Soon after a permit ~t=as obtained and the building contracted for r.em.oval. The lot is now var_ant. Penn Proper.t-:i,es, Inc. was formed in 1977 for the purpose of Real Estate invesL'mer~t by, the follot~7il,g: Jerome H. Imsdahl, President J. Stephen Hedrick, Vice-president Robert E. Lamb, V1_ce-president Terrence i~i. t:eegan, Secretary Ra1.ph F. Spearing, Treasurer Our plans for the Penn I~venlle Proper_ ty are as follows To erect a stucco and/or masonry three story building with two two--bedroom units on each level. One street level unit c•:oul_d • be constructed for the handicapped--a full basement would pro- vide fo-r L-he mechanical, laundry and additional storage. area. Each living una_t would have approximately 988 square feet. A six-stall garage building would be erected on the rear of the lot. Additional an-site parking is provided for six additional cars, Fencing and ]_andscaping c,Till }>e detailed on landscaping plan. It is our intention to hold this property as an investment. ~~ CITY OF RICHFIELD, MINNESOTA Off ice of City Manager , Council Letter No. 277 Agenda September 12 , 1.977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen; Subject: Authorization to Submit Grant Application The city recently received notice from the Office of Local and Urban Affairs , a section of the State Planning Agency, that preliminary applications are now being accepted for park and recreation LAWCON and state grants for fiscal year 1978. The park and recreation department staff is preparing grant applications to develop trails at the Wood Lake Nature Center, a fishing dock or pier at Taft Park, and tennis court construction and lighting at Christian~Park. Due to the variety of formulas used in approving and funding these grants, it is difficult to determine what financial commitment may be necessary on the part of the city. It is anticipated, however, that should the applications be approved, state funding would provide 50 to 75 percent of the total project cost, with the remainder of funding the responsibility of the city. The total cost of the proposed projects is approximately $ 60,000.00. It is possible that the necessary matching funds could be derived from the long-range Capital Improvement Program, if the state and federal funds are awarded to the city for these projects . The deadline far submission of the grant applications is September 16, 1977. It is recommended that the city council authorize submission of the preliminary grant appl?S~^a,as outlined. ~,~ -~ WSB/e j a ~~ Respectfully submitted, t1~ Wayne S . Burggraaff City Manager cc: Acting Park and Recreation Director Finance Director .. ~ ~I CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No, 276 Agenda September 12 , 1977 The Honorable Mayor and Members of the City Council City of P.ichfield Gentlemen: Subject: Commission Appointment There is presently a vacancy on the Senior Citizens Advisory Commission for a three year term which will expire February 1, 1978. Attached is an application from Ms. P.osemary McNamee,~who has ex- pressed adesire to be appointed to this commission. Respectfully sub fitted, LV°' I 'V" Wayne S . Burggraaff City Manager WSS/eja CITY Or RICHFIELD APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES 1. 2. 3. 4. s. 6. Committee or commission for which application is being made Senior Citizen Commission Name _ ~~ oSe iY1 ~ 1' ~~ ~ ~ ~ ~V ~~-62~cr~ -~~1 c ,ry ` Residence address N Str~e e t ,~rs, ~~~~~~~ ~~~ Business address ~ ~ ~~/~-f f "~~_____C~ /°/S ~ ~ N me of emp~~vying agency Date of birth / _ ~ ~ / Mont Date Local organizational memberships and affiliations: Year a. b. c. 7. Briefly discuss aspects of your experience which you believe qualify you for this Municipal Committee and why you are interested in serving. r ; 4` G• G> ~ a- d cJ ~ L/ plc /- ~ ~' ~ ~,C' ~J ~ j~~ c_~j2 C_ P ~ '~ ~ `g-~ h u ~->P~,-- -=~ ~ jn ~~hG c.s~;~ ~~ ~ ~ ~9 h ~~; mot, <«~,~c ~,- ~L57 ~`'%~ ~t~ ~ LDYf ~l'/jPJ lL b ~'°j~1 ~° c`) B ~-G~P~ 8. List the names of three persons who are thoroughly acquainted with your qualifications Name Occupation Address Phone 2 ~~lti~-cQJ ~-~.~a~~.~.;,~M ~~~` l~j~ii-~5~ ~j'~~~"" .2C ~~ ~ ~ /1~°~ , cjo.'._..~~zJJ~~.3',j~" 9. Signature of applicant ~~~~?^~°~~,_~' /( ~'i~4-~ -~ ~ _ . City Phone Address Position Held l 9L ~ /7 CITY OF RICHFIELD, MINNESOTA Office of City Manager - Council Letter No. 275 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Canvass of Primary Election Results - On September 13, 1977 a primary election will be .held for the purpose of determining four candidates to run for the two offices of councilman to be elected in the November election, The city charter, Section 4.07 states the requirements for elections: "The council shall meet and canvass the election returns at the next regular or special meeting immediately following any regular primary or special election but in no event later than the Monday next following." The charter, in effect, states that the council can canvass the election anytime the week of the primary election, but at the latest, next Monday evening, September 19. Inasmuch as the council has already scheduled a special meeting for the purpose of discussing the annual budget on Monday, September 19, 1977, it is recommended that the council establish the first order of business that evening to be the canvass of the primary election results. Respectfully submitted, ~• Wayne S . Burggraaff City Manager WSB/eja cc: City Clerk /a CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No.274 Agenda September 12 , 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Assessment Rolls for Diseased Tree, Nuisance Abatement and Weed Destruction On the September 12, 1977 city council agenda there are several resolutions certifying special assessments to Hennepin County. These resolutions provide for the following certifications: 1. Resolution certifying special assessment for weed destruction, This is a one year assessment at 8% penalty. 2. Resolution levying special assessment for nuisance abatement. This is a one year assessment at no interest or penalty. 3, Resolution levying special assessments for abatement of diseased tree. This is the assessment roll for diseased tree removal on private property which has been performed by the city at the request of the property owner. The assessment is certified at the city's actual cost of the tree removal less the amount of the state subsidy for which the re- moval qualifies, (Maximum $100 or 50% of the removal costs, which- , ever is less, per tree). The assessment is spread over three years at the rate of 8% per annum . It is recommended that the city council adopt these resolutions. Respectfully su fitted, ~. Wayne S . Burggraaff City Manager WSB/e j a cc: Finance Director RESOLUTION N0. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION BE IT RESOLVED by the City Council of the City'of Richfield, Hennepin County, Minnesota, as follows; 1. That the following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement for weed destruction pursuant to the provisions of Minnesota Statutes, 1969, Chapter 715, Sec. 17.271, to-wit: PLAT PARCEL ADDRESS ~O~JT 45340 5200 6344 Newton Avenue $ 28.00 46210 5550 1316 E. 66th Street 15.00 45930 3410 ~ 7545 Pleasant 15.00 44827 0875 708 W. 66th Street 40.00 45414 b500 7145 Penn Avenue 15.00 45880 0030 6509 Cedar Avenue 15.00 44834 1055 7724 Harriet Avenue 15.00 45380 6600 6245 Dupont Avenue 15.00 44828 0130 (Approx.) 6328 Aldrich Avenue 18.00 46793 0650 6841 Russell Avenue 15.00 44834 5300 ~ 7744 Pillsbury Avenue 54.00 44834 1310 7713 Harriet Avenue 18.00 46066 0125 6300 Lyndale Avenue 27.00 45740 4575 6732 Pleasant Avenue 20.00 45880 0090 6533-37 Cedar Avenue 27.00 Total 3 .00 2. That the above listed assessments be spread over a period of one year at the rate of 8% interest per annum. 3. That the City Clem. is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 12th day of September, 1977. Loren L. Law Mayor ATTEST; Thomas J. Moran City Clerk ~ ~, . .. _ RESOLUTION N0. RESOLUTION LEVYING SPECIAL ASSESMENT FOR NUISANCE ABATEMENT BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: - 1. The following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement of a nuisance health hazard pursuant to the provisions of Minnesota Statutes, Section 145.23, to-wit. PLAT PARCEL ADDRESS AMOITNT 45414 6500 7145 Penn Avenue $ 15.00. 45340 5200 6344 Newton Avenue 78.50 46793 0250. 6809 Queen Avenue - 36.70 46889 5800 6921 Harriet Avenue 20.00 45880 0440 6508 19th Avenue 87.50 Total 23 0 2. The above special assessments are to be spread over one year at no interest. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 12th day of September, 1977. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk RESOLUTION N0. RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR ABATEMENT OF DISEASED TREE WHEREAS, Ordinance Code 4.11 establishes rules and regulations with reference to the abatement of diseased trees on private property in the City of Richfield by tree removal, and WHEREAS, Minnesota Statutes 429.101 provides that all unpaid or special charges for such tree removal may be certified to the County Auditor with the taxes against such property, and shall be collected with other taxes on such property, and WHEREAS, an assessment roll has been prepared specifying the amounts which shall be certified against each particular property. NOW,°THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: _ 1. That the following described properties are hereby specially assessed in the following amounts for expenses incurred by the City in connection with abatement or removal of diseased tree pursuant to Minnesota Statutes 429.101; PLAT PARCEL ADDRESS AMOUNT 46793 1925 6829 Thomas Avenue $115.42 46710 3200 7527 Harriet Avenue 57.98 44828 5170 b500 Girard Avenue 88.23 45880 0910 6508 21st Avenue 76.43 45621 8400 6339 18th Avenue 177.79 46970 ~ 2150 7229 Aldrich Avenue 187.73 45110 6000 7639 Third Avenue 98.56 45942 3200 6436 16th Avenue- 151.25 Total 6 1 76 2. That the above listed assessments~be spread over a period of 3 years at the rate of 8% interest per annum on the unpaid balances. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the Ci~y of Richfield, Minnesota, this 12th day of September, 1977. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk CITY OF RICHFIELD, MINNESOTA Office of City Manager ' Council Letter No. 273 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Amendment to Moratorium on Filling of Full Time Vacancies During the 1977 budget hearings , the city council established a moratorium on the filling of full time position vacancies . This letter is to request that the moratorium be amended to permit the filling of the following full time vacancies: 1. Police Investigator/Agent;_ This vacancy is a result of serveral promotional movements within the police division during the past several months . 2. Police Officer: There are currently two vacancies in police officer positions within the police division. Since the position of investigator/ agent is a promotional position, filling of that position will create ark additional vacancy in the police officer position. It is recommended that the moratorium be amended to permit filling of these four positions . Respectfully su fitted, ~~ U~' -vv~, Wayne S. Burggraa~ City Manager ~I1TSB/jkl cc: Finance Director Personnel Director Public Safety Director ,~ ~ CITY OF RICHFIELD, 1VIINNESOTA Office of City Manager The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Appeal of Revocation of Council Letter No. 272 Agenda September 12, 1977 i ~ Ate. ~~~ o- P/w . ~"~ ~~"` License-Paradise"Palace Sauna There is a public hearing scheduled~n the September J.?., 1977 city council agenda regarding the revocation of a sauna license issued to Paradise Palace Sauna . A previous heari.n~ was held earlier this year regarding revocation of this license, based upon a March 30, 1977 arrest of a Paradise Palace Sauna em- ployee, who did offer herself for the purpose of prostitution contrary to Richfield Ordinance Code, Section 10.16, subdivision 10. At that hearing, on May 23 1977, the council took action to suspend the sauna i.cense issued to the aradise Palace Sauna for a period of 43 days. Following that suspension, the licensee, Mr. Robert Higley, sought injunctive action to prohibit the city from enforcing the license suspension during his appeal. He has also initiated legal action seeking monetary damages against the city for the alleged loss of business and hardship resulting from the license suspension and the city's monitoring activities . A Minnesota Supreme Court decision last week denied the request that it be allowed to stay open during the appeal process. The litigation involving the monetary claim against the city is still pending. The suspension of the sauna license is currently in effect, Ms . Sherrie Udeen, who was the individual arrested on March 30, 1977 at the Paradise Palace Sauna, subsequently pleaded guilty in municipal court to a charge of prostitution. While the suspension of the sauna is in effect, it has been determined that this business has reopened as a "rap parlor" operation. It is not, however, operating as a sauna . The hearing scheduled on the September 12 , 1977 agenda relates to a second incident involving Paradise Palace Sauna, and is completely separate from the ~` ~ Council Letter No,.272 -2- September 12, 1977 original action taken by the city council in suspending the sauna license. Paradise Palace Sauna was notified on August 19, 1977 that the license issued to the business by the City of Richfield was being revoked in accord- ance with Section 5 , 25 , subdivision 9 of the Richfield City Ordinance, in that employees or agents of -said licensee did engage in conduct inimical to the interest of the public health, welfare , safety or morals; did engage in conduct involving moral turpitude; or that such employee or agent is a person of bad repute . This revocation is based on the following grounds: That on July 7, 1977 an employee of the licensee working at the licensed premises, did offer herself for the purpose of prostitution contrary to Richfield City Ordinance Code, Section 10,16, subdivision 10. The employee arrested on July 7, 1977 was Ms. Darlene V. Fahrney, She appealed revocation of her masseuse certificate. at the July 25, 1977 city council meeting. The city council sustained that revocation. Ms, Fahrney's court case .is currently awaiting trial in municipal court. Paradise Palace Sauna has filed notice with the city clerk that it wishes to appeal this license revocation, Mr. Robert S. Higley, the licensee, has in- dicated he will appear before the council to present his appeal during this hearing . Respectfully submitted, c~. ~~~~ Wayne S . Burggraaff City Manager WSB/eja ~ , O ,~~„ ~ Ow~S~~~ ~.4dttt9mc.Sl. (~Q~CC,P„a.~ cc: City Attorney Public Safety Director ~ ~,~,~~~~ ~-~, ~W(jN~ ~ p~ ~~ ~~~,~Q ~ ~ ~ ~~ s~p~,~~;~ ~~~ 0 ~ ~~~ ~ . ~~ ~~ ~~- ~~ ~~~ ~~ S-1-h ~,.~,,, Q . ® ~~ ~: ~~ ~ ~ ~~. CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No, 271 Agenda September 12, 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Transitory Ordinance, Second Reading On August 22, 1977, the city council gave first reading approval to trans- itory ordinance No, 16 , 41 , appropriating $50, 000 from the special revenue fund for general public improvements . These monies from the special revenue fund were appropriated in the 1977/83 Capital Improvement Program for improve- ments to the central garage. The appropriation for general public improvements will finance the 1977 renovation and improvement at the central garage, as well as provide matching funds for the CETA special project which is installing ramps at sidewalk intersections and completir~q additional tree trimming removal and reforestration. A copy of transitory ordinance No, 16.41 is attached. It is recommended that the city council give second reading approval to this transitory ordinance at their September 12, 1977 city council meeting, Respectfully submitted, Y".." V~ Wayne S. Burggraaff City Manager WS B/e j a cc: Finance Director r TRANSITORY ORDINANCE N0. 16.4].. AN ORDINANCE FOR THE EYPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS The City of Richfield does ordain: Section 1. It is found and determined necessary and expedient for the City to expend money from the Special Revenue Fund f_or the making of capital improvements listed i.n Section 2 hereof, and are further detailed 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 ex- penditure 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 $50,000 Section 3. The expenditure herein authorized sha~.1 be made puLsuant 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 1877. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk v CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 270 Agenda September 12 , 1977 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Purchases 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 for the city council agenda of September 12, 1977. Newsletter Postage City staff is, preparing a newsletter to be distributed in late September or early October to all Richfield residents. This newsletter v~Ti.11_ also include the fall and winter park and recreation department schedule . A revision in postal rates which became effective in December, 1975 increased the cost of this quarterly report mailing to an excess of $1,000. Therefore, it is necessary that the city council approve a purchasein excess of $1,000, in tYie amount of $1,247, for postal costs of this publication. Funds are available in th.e 1977 budget for this expenditure, Respectfully submitted, /t ~ " ,~ Wayne S. Burggraaff City Manager WSB/e j a cc: Administrative Assistant Finance Director r :~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter. No. 269 Agenda September 12, 1977 The Honorable Mayor .and Members of the City Council City of Ri.chf.ield Gentlemen: Subject: Authorization to Call For Bids In May of this year, the city council authorized the sale of the fire division's aerial ladder truck, At that time, the council authorized proceeds from this sale to be added to the reserve account being accumulated to provide: for the purchase of a new .fire pumping engine. The public safety department has developed specifications fora 1500 GPIvI "Magi-Pumper" which also provides for the installation of an articulati.r~g water to~~c~r. The °installation of this device on the pumping engine vrill meet most of our aerial water tower demands for Piro fighting. It is the recommendation of. the Public Safety Director, in which I concur, th:~t the council authorize the advertising of bids fora 1500 GPM purnper with articulatir~g water tower. It would also be appropriate at this time for the council to adopt the necessary transitory ordinance to move funds which have been put aside for this purchase in several different accounts into one consoi~ idated fire vehicle reserve fund, . A copy of the transitory ordinance is attached . It is recommended that the city council give first reading approval to this transitory ordinance a.t their September 12, 1977 meeting. Respectfully submitted, . U~ r( ~~~ Wayne S . Burggraaff City Manager WSB/eja cc: Public Safety Director. Finance Director r i TRANSI`T_ORY ORl)ITZA.I~CE N0. 16.42. A.n Ordinance Providing for the Expenditure of Ltifoney from the Special Revenue Fund for Public Safety Equipment The City of Richfield does ordain: Section 1. It is found and determined to be necessary and expedient far the City> to expend mane}° from the Speci_a1 Revenue Fund for the acquisition of Pub1_.ic Safety I~quipment, such acquisition being capita). in?pravements far which the City could be authorized to issue genera). obligation bands. _Sect_i_an_ Z. 1`he sum of $30,000 is hereby authorized to be paid from th.e Special Revenue Fund for such purpascs. Sectian 3. The expenditure herein authorized sh.a1J_ be made pursuant to such contracts as are author°i.zed from time Lo time by counci_1 action. _ Passed by the City. Council of the City of_ Ri.chf_ield this day of ~ ~, 197. Laren L. T a~a Mayor ATTEST: Thomas J. Tloran City Clerlc