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05-10-76 agenda. l ,. ~,; CITY OF RICHFIELD, " 1VIINNESOTA ......Office. of City .Manager Council Letter No. 156 Agenda May 10, 1976 The Honorable Mayor and :Members of the City. Council .City of Richfield,.... . Gentlemen: Subject:- Agreement with Hennepin County on Lyndale/ Hub/Nicollet Street Improvements An agreement has been negotiated with Hennepin County providing for the preparatiori of plans and improvements on county roads located within the .Lyndale/Hub/Nicollet tax increment project. A copy of the agreement is .attached . The agreement will be considered by the Hennepin County Public Works • Committee on Nay 10, 1976. Assuming that the city council takes favorable action on the .agreement, it is my understanding that it will be presented to the full County Board'! on May 11 for final action by the. county at that time.. The agreement provides that all design work will be done under the direction and control of the city through our. agreement with BRW. This will include both the design work on city streets and county roads with the county reimbursing the city for design cost on county facilities . Both the city and the county would be required to ap~ rove final plans. In accordance with county policy, it would be the responsibility of the city to acquire any right-of-way .documents and award contracts. ~fter written concurrence is provided by the city fbr such awards Construction supervision would. be performed by Hennepin County personnel with provisions provided .for liaison between county and city staff. The sharing of costs would be based on thecounty policy for design and construction work on county state aid highways and would be detailed in a special cost sharing agreement to be prepared and. approved by the county and tree city upon completion of the plans and specifications .:The county's share amounts to an estimated $530,000. ~ ,i Council Letter No. 156 -2- May 10, 1976 . It is recommended that the city council approve the agreement and authorize the mayor and city manager to execute it on behalf of the city. Respectfully submitted, / ~ '-~' ~ " Wayne S. Burggraaff City Manager WSB/bll cc:. City Attorney ', ~ Public Works Director Planning Director - .Agreement No. PW 13-19-76 . - ~ County State kid-Highway No. 53 . County State Aid Highway No. 52 County .Project No. 7b25 City of Richfield County of Hennepin . ' ~ COOPERATIVE CONSTRUCTIOPJ AGREEMENT ~ • ' THIS AGREEMENT, made and entered into this - day of , . ~ 1976", by and between the County of Hennepin, a body politic and corporate under the ' .: ~ :laws of .the State of Minnesota, hereinafter referred to ws the "County", and the ~"C'Ity of Richfield, a body politic and corporate under the laws of the State of , .°`. Minnesota, hereinafter referred to as-the "City". '. • s.wITHESSETH: • .` WHEREAS, the City intends to undertake certain street improvements in connec- - •. ' ' tion with a redevelopment project heretofore adopted by the City, said project ."• , - ~ being designated as the "L/H/N Redevelopment Project";.and WtfEREAS, said street improvements include construction work on the following- - portions of County State Aid Highways: Number 53 along 66th Street from approximates,. ~• - `• 1st Avenue to Interstate•Highway 35W and Number 52 along Nicoll et Avenue from 64th • Street to 67th Street; and .•~ - -WHEREAS, said improvements.wi71 involve construction of additional tratfic lanes,::-revision of, intersection corner geometries and traffio control systems for... ' the purpose of improving safety and increasing the capacity of the above described - - portions of County State Aid Highways;. and,. • - ~ WHEREAS, it is intended that said improvements grill be subject to approval by authorized County officials and therefore qualify-far cost sharing (such improve- ments.are hereinafter referred to as the "County improvements"); and - WHEREAS, Minnesota Statutes Section.471.59 and 162.17 authorize two or :more • ~ governmental units to enter into a cooperative agreement for the purpose of making. . ~ ~ - highway improvements: ' .. NOW, THEREFORE, in consideration of their mutual covenants and agreements as hereinafter set forth the parties hereto contract and agree to plan, construct, and pay for the County Improvements and City street improvements in accordance with . ~ and subject to the following provisions: . ,~. .., i i .«. ~. DESIGN ANO ENGINEERING. Field surveys, preliminary design development,. and . .the preparation of working drawings, plans, and specifications for the,County - Improvements .and City street improvements shall be performed by and be under the direction and control of the Cityor its agents..The County improvements `as • . referred to herein shall not be construed to include traffic signals. Traffic - ••-~ signal plans and specifications fqr the County improvements shall be prepared by the County. The City or its agents. shall work closely with designated County ;. officials on all design and engineering aspects of the project which relate to ..improvements on County State Aid Highways. E'urthermore, design and engineering .' :aspects of improvements to County .State-Aid Highways will be subject to the ~: ~~~`approval of designated County officials upon completion of the preliminary design of said improvements and upon the completion of plans and specifications for the •~' ~ improvements.- Such approval sha1T be by the County Engineer, unless the County ~~ • otherYrise informs the City in writing of one or more other County officials who a:ust•give any such approval. .~ The plans and. specifications prepared by-the City for the County improvements shall'be in accordance erith the Minnesota Department of Highways, St. Paul, Standard . - .-Specifications for Highway Construction, dated January 1, 1972, and Supplemental • Specifications dated April 1, 1976. .Said plans .and specifications shall be prepared ~by or under .the. direct supervision of a professional engineer registered in the '. ~ ~ State of Minnesota and shall be certified by him as required by law. The style and form of the plans, including size and style of lettering shall be that currently 'in use' by the County. ~It is understood and agreed that the survey data and the original drawings of ~. completed plans for all County improvements and City street improvements shall be transferred to the County. The County shall furnish the City reproducible copies of all original drawings. The survey data and original drawings for the County improvements shall become the properfiy of the County. The County shall return the survey data and original drawings for the City street improvements to the City upon ~. completion of construction as hereinafter provided or when the said data and drawings are no longer needed. by the County. i- . • . ,r ' ~ RIGHT OF.WAY. The City, at its own sole cost and expense, shall acquire all . ~ ~ rights-of-way, permits, and/or easements necessary for all improvements which are the subject of this Agreement.' • ~~ The right-of-way costs incurred as described herein shall include all acquisi- Lion costs includin but-not limited ta, any and all damages occuring to any 9 • ~ Qerson or persons, including public or private :utilities, in relocating, or removing ._ .e • or adjusting main conduits. or other-structures located an or upon the land taken, ~~'and within.the .present right-of-way, or damage in procuring such right-of-way,.. • ~ ;~•whether such damage~is caused by-the County or the City in the performance of such. •~`~' -contract with respect to improvement-of County State~Aid Highways No. 52 and 53. ' '. ~ Right-of-way costs shall not include damages occurring as a result of negligent .~ acts of the County, its employees or authorized~agents.other than the City. .rr•. .". ~ All rights-of-way acquired by the City for the County improvements shall be conveyed to he County by mutually agreed upon documents within ninety (90} days. .- ~• after award of any construction contract or contracts. IIL.- . .~ .~• CONSTRUCTION CONTRACT.`.-Upon approval of the final plans and specifications. .' _ ~~ ~ by the City, the acquisition of all necessary rights-of-way and the Execution c` a •~. ~. cost sharing agreement as provided in Article V herein, the County or its agents ' •. will prepare all bidding .documents, secure bids, and award a contract or contracts •- for all County improvements and City street improvements according to law: in such _ ~ ~ ~ case provided for Counties: It is .understood and agreed, however, that the County ' _ • will not .award any'construction contract or contracts unless written concurrence - in such award or awards is received from the City. . ~ ~~It is the intent of the parties hereto that construction of all improvements ~,I which'are the subject of this contract shall be commenced and substantially complete ~~ _~ • ~ in the. year 7977.. ~ ~ '~, • .. . ~ IY. • •• CONSTRUCTION. Construction of a71 improvements shall be under the supervision .' ~ and direction of the County.. However, the City Engineer of Richfield shall assign a .. member of his staff who will•act as the single contact .with the County Engineer and ' ~ ~ .his-staff to coordinate and afford liason between the parties hereto in the perfor- ' ~ ~ 'manse of the construction .work. ~ ~ -~ ~~~ • . ,,..-; . Y. REIMBURSEMENT. Upon completion of the plans and specifications and acquisition- .~ of the necessary rights-of-way as provided. herein, the County will prepare a cost •. estimate and.a cost sharing agreement to be entered into by the parties hereto. Saic;~ t agreement shall .cover the work to be performed and-costs to be shared by the parties •• -~ hereto in accordance with the County's standard policies-for design and construction - ••• work on County State .Aid Highways. All right-of-way. costs shall be borne by the Cit;, . . ' as 'provided herein. -_ ~ . - - . - ~ ~~ If, after receipt of bids, it is mutually agreed by the County and the City that •• all bids be rejected and that the construction of this improvement be delayed in- ~~ definitely or until some future date, then in.that event the County will reimburse - the City for'its design and engineering costs in the manner outlined in the herein- .- ~ befor.mentioned cost sharing agreement and based upon .the unit prices contained in . ,~~ the lowest bid submitted. - - YI. .A11 records kept by the City and the County with respect to this improve- . went shall be subject to examination by the representatives of each. • .. ~ - •- -~ . _ .. YI I . - '° ~ If is further agreed that each party to this agreement shall not be responsibly or liable to the other or to any other person or persons whomsoever for any claims, • .-"damages, action, or cause of action of any kind or character arising out of or by - Mason of the performance of any work or. part hereof by -the other as provided for -- herein; and each party further agrees to defend at its sole cost and expense any . action or proceeding commenced for the purpose of 'asserting any claim of whatsoever • •' character arising in connection with or by virtue of performance of. its. own work as ',provided herein. VIII. • ~ ~.~ It is further agreed that any and all employees of the City and all other _' -.'persons engaged by the City in the performance of any work or services required • ~ or provided for herein to be performed by the City shall not be considered .employees . of the County, and that any and a]1. claims that may or might arise under-the Worker's .~ Compensation. Act or the Unemployment Compensation Act of the State of Minnesota on - ~ behalf of said employees while so engaged and any and all. claims made by any third. . A parties as a consequence of any act or omission on the part of said employees while so engaged on any of the arork~or services provided to be rendered herein shall • tn.no way be the obligation or responsibility of the County. • Also,'any and all employees of-the County and all other persons engaged by `` the County in the performance of any work or services required or provided for . ~ herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may-or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the. State of Minnesota on behalf of .said employees while so engaged and any and all claims made by ~ny third parties ~~ - as.a consequence of any act or omission on the part of-said employees while so 'C . •engaged on any of the work or services provided to be rendered herein shall in no ~: way be the obligation or responsibi ity of the City: . ~ ~ ~~:~'The provision of M.S. 181.59 and of any applicable local ordinance relating ` _ .. to civil rights and discrimination and the affirmative .action pvli.cy statement of "' ~ .~ -- Hennepin County shall be considered a part of-this agreement as though fully set • €orth herein. .. ,- - ~. '- . .. • i • .. ~. .~~~ " 1N TESTIt~ONY WHEREOF, the parties hereto have caused this agreement to be 'executed by their respecti a duly authorized officers as of the day and year first above written. ~~ • ° ,• ~ CITY O.F P,ICHFIELO . :. ... .• By - • .. .Mayor .. ~ • ~ {Seal) ~ ~ ~ ~: . . ' .Date .. ~ •. ... .... ~..-• •Ana:.. .••...... . ~ , , ,• :. .. .Manager ~. ' . • ... iY. ~ . ~ ~ ~ ~ •• Uate: • L' - .. .. s _ _ . • ~ . ~ •' - - :~ . "_ ~ .. ~ ~ CAUtdTY OF NENNEPIN . By . ~~ ~ Chairman of .its County Eoard ATTEST: ~ . e ~.: ~ ~ . - .. .. - Date: • Deputy:County Auditor. ~ - • •• ~ ~ . ' ~RECOtu"4EhDED FOR QPPROVhL pater ~ ~ •. .~ .. Deputy County Administrator ~~~ Upon-.proper execution, this agreement will be "legally valid and binding and Date: upon,c~ate of approval is in compliance with all lat~~s relating to the subject , . matter hereto. ~ , ssistant"County Att~rney Director of Public i•Jorts and . '. .' _County Engineer .. Date: > ~ ~ 7 '. ' - .Date: • • _ . • . .Approved as to execution ~ ~ ~ ~ . • .• ~• ~ Chief Engineer. Assistant. County Attorney ~~ . • . Date: . pate: ~ . . • .. ~ •. ~, i • J ~ 1 .- ?? th ~'t: i. Exist. Apt. Complex , e I ~~' W Q 'O V Q U_ U clef. . lot Exist: Apt. Complex "X~notes approx. centers of tree ciuste 78th ST. ' ~ ~ `QFF-STREET PARKING N0. 76-2 OWNER AND ADDRESS: The Knutson Companies, Inc. 17 Washington Avenue North Minneapolis, Minnesota LEGAL DESCRIPTION. The West l/2 of the Southwest 1/4 of the Southeast l/~ off' the Southwest l/~ except road, Section 35, F Township 28, Range 2i+. Plat 1+i+835, Parcel 31i+0. . 78th Street and Chicago Avenue - USE: r Multi-Residential Senior Citizen Building COUNCIL ACTION: May 10, 1976 ' N0. PARKIP.G SPACE5: 60 ; ' ES iV Scale ~ 1 ~~= 2.. -~, CITY OF RICHFIELD„ MINNESOTA ~~` Office of City Manager ~~ ~~ `~ ,^, (~ Council Letter No. 148 - ~. ~,J ~t,1CX„ Agenda May 10, 1976 ~~ ~9.r~ wad. : The Honorable Mai;yor and .Members of the City. Council City o.f .Richfield Gentlemen: Subject:'. Approval of City Project No. 695, Ordering Plans and !..,.Specifications, and Approval of an Agreement for '; 'Engineering Services On the May 1'0, 1976 city council agenda there is an item requesting city council approval for City Project No. 695, ordering of plans and specifications and approval of an agreement for engineering services. City Project No. 695 is the construction of a new deep well for the city's water division. Attached to this council .letter are: 1 . A preliminary engineering report detailing the need, .engineering. analysis and cost estimate .for this project. 2. An agreement between the City of Richfield and Orr-Schelen-Mayeron and Associates, Inc. for engineering services necessary for the preparation of plans and specifications for this project. The agree- ment is ~ standard agreement for engineering services similar to agreemer}ts that the city has with Orr-Schelen-Mayeron and Assoc- - fates, Inc. for various other city construction projects. The cost of this agreement is based on a percentage of the cost of construction. The percentage for this contract is 9% of the cost of"construction with an. estimated cost of construction of $135,000 to $15.0,000. This means the. engineering fees would be $12, 150 to $13., 500. I 3. A resolution approving City Project hTo. 695 and ordering the pre- partition of plans and specifications. The 1976/81 capital improvement program scheduled this project for 1976. At the time ~ the ~ apital improvement program hearing. it was anticipated that the cost of this well would be financed from user fees and-from a .federal grant. Since that time, however, the staff has been informed that the. construction of a new well is not an eligible activity under the community development program. Consequently, the community development application and program has been revised to exclude i ~: ~ Council Letter No 148 -2- May 10, 1976 this :project. Therefore., the total cost of the installation of this ~~roject will be paid for from water department funds. The additional funds are available by delaying painting of the Penn Avenue tower for one year, and due to the fact that we only had to empty the sludgy pit twice in three years. Zt is the recommendation of .the city .staff, in which i concur, .that the city council take the following actions: 1;. Receive the engineering report. 2. Authorize City Project No. 695 3. Authorize the agreement between the City of Richfield and Orr- Schelen-'Mayeron and Associates, tnc. for engineering services. 4. Order preparation of plans and specifications .for City Project No. 695. Respectfully submitted, G'~;w~ ~ Wayne S. Burggraaff City Manager WSB/eja ' cc: City Attorney Public Works jDirector w PRELIMINARY REPORT & ESTIMATE OF COST ON PUBLIC IMPROVEMENT N0. 695 DEEP WELL.#7 RICHFIELD WATER DIVISION. DEPARTMENT OF PUBLIC WORKS EXISTING SYSTEM. The City of Richfield's Water Treatment System was designed and constructed to provide 1~+.7 rriillion gallons per day. The original installation included a ..treatment plant with 1~+.1+ million gallons per day capacity and 6 wells with a raw water supply of 1+.26 million gallons per day. It was originally anticipated that the city would have to add additional wells as the number of water hook ups increased. 'At the present time four of the city's six wells produce water from the Shakopee aquafor. The volume of water from these wells is 11.26 million gallons per day. All water produced from, the Shakopee aquafor must be treated at the treatment plant before it is distributed to the public. The two remaining wells with a capacity of 3 million gallons per day produce water from the Jordan aquafor. Because water from this aquafor is uncontaminated the city has the option of treating this water or by-passing .the treatment plant. Under normal circumstances this water is treated, however, in order. to soften it before distribution. PROBLEMS. , The existing water treatment system presents three problems to the operation of the water department. l) The present Jordan well capacity (that water that does not have to be treated) of 3 million gallons a day is not sufficient to supply enough water for minimal city needs.. At the present time a serious breakdown at the treatment-plant would mean that we could not supply enough water to allow normal domestic use (household uses such as drinking,-cooking, bathing, laundry, etc.) and adequate fire protection. While we have. not had such an experience in the 12 years that the plant has been operating the potential does exist. In addition to the potential for breakdown we are unable to schedule major maintenance at the water treatment plant. While the plant was new, routine maintenance has and is carried out during off-use periods. We are however, approaching the time when we will be forced to shut the plant down for a period of one or two weeks for major maintenance work. 2) At the present time the city's existing 6 wells provide an adequate water supply to allow unlimited use including lawn sprinkling for 98% of the year. However, if we should have a well failure during the summer months it will be necessary for us to institute sprinkler bans for the entire time that the well was shut down. While we take a great deal of care to insure that all 6 wells are in excellent condition, they are over 12 years old and becoming more subject to breakdowns. ~. . 2 - 3) Even with all 6 wells operating efficiently we are facing 5 to 10 days per year when we are unable to meet. the demands requested by the community. An additional well would insure adequate supply to meet .the demands of the community at all times unless the combination of extreme heat, dryness, well breakdown occurred simultaneously. In this case we would be forced to initiate a very short term sprinkling ban. The problem areas listed above were anticipated at the time the water plant ~- and wells were. installed. Provisions to allow the installation of additional wells were made. However, it was expected that. it would beta number of years before the number of users, total demand, and age of the Facilities would require this in- stallation. ALTERNATE WELL SITES. In order to eliminate the problems indicated above, it is necessary to install the well that would supply water that. can be placed directly into the distribution system. A well of this nature (either a well providing water from the. Jordan or Hinckley aquafor) with a capacity of 1.6 million gallons per day would.: 1) Supply adequate domestic and fire prevention service in the event of a serious breakdown at the treatment plant .at all times. 2) Allow us to schedule major maintenance at the treatment plant for a one or two week period during the winter months.. 3) All us to supply the volume of water demanded by the community during the summer months. We have reviewed three separate sites for a proposed well. 1) Site "A" is located between 3rd Avenue-and Clinton Avenue just south of the 62nd Street Crosstown Highway. This site would be a Jordan well and would pump its water directly-to the city's existing trans- mission water main located between the treatment plant and the Nicollet Park wells'. Although. at the present time the. city does not own the land at Site "A" the property owner, the. Minnesota Highway Department, has indicated that it may be available to the City of Richfield for this well. The advantage of_this site-would be its close proximity to the city's existing transmission. main. Thus a minimal expense would be incurred in constructing a connection from this well to the city's water system. The placing of a well at this site would require the construction of a well house. The cost of constructing a well house at Site "A" should range between $55,000 and $60,000. The construction costs for providing a pump house and appurtenances for this well would range .between $60,000 and $80,000. Therefore to construct a well and pump house at Site "A" would cost between $115,000 and $1+0,000. 2) The well at Site "B" would be a Hinckley well located on the site of the water treatment plant. This well placed on the street side of the plant •~ would produce an uncontaminated supply of water without interferring with the adjacent existing Well No. 3. The proposed well Site "B" would be located on property already owned by the. city and would not require the construction of a well house since this site is adjacent to the water • treatment plant: In add~,tion it would require a minimal expenditure to - 3- connect it to the city's existing transmission system. The cost of • constructing a well at Site ''B" into the deeper Hinckley. strata would range between:$88,000 and $95,000. Because of the close proximity of this site to the water treatment-plant the deletion of a pump house would eliminate the need for an expenditure of . $60,000 to $80,000 for a pump house. It is estimated that the pump and pipe for well Site "B" would range between $30,000 and $x+0,000. .Therefore, to develop a well at Site "B" the construction cost'-would range. between $118,000 and $135,000. 3) Site "C" would be a Jordan well located at the Northwest corner of Legion Lake approximately 1/2 mile east of the water treatment plant. .:This will would be developed in the Jordan Augai'or. This site is not adjacent to a city transmission main and 2800 feet of water main would have to be constructed to utilize this site. While the city presently owns the land at Site "C", construction of a well at this location would require a well house to be constructed at the time the well is installed. The disadvantages. of this site is the necessity of constructing 2800 feet of transmission main to gain access to the city water system. In addition to the expense . associated with the construction of this water main, poor soil conditions in the area would necessitate extra expense in preparing the foundation. That is, portions of this line would have to be placed on piling or expensive use of foundation material would be ~-required. The cost of constructing a well at Site "C" would. consist of $55,000 to $60,000 for the well, $60,000 to $80,000 for the well. - house and $85,000 to $95,OOG for the construction of the additional .transmission main. Therefore, to develop a well at Site "C", the ~constrizction cost would-range between_$200,000 and $235,000. In summary, Site "A" would have a total construction cost of $115,000 to $10,000, Site"B" would be $118,000 to $135,000 and Site "C" would be $200,000 to $235,000. In addition the city currently owns the site and the utilization of Site "B" would eliminate any maintenance costs involved in maintaining a separate -well house and adjoining property. Therefore, it is recommended that Site "B" be selected as the site for a new well. . Upon .its completion, the new well would be expected to operate during periods of peak demand. At that time the current.upflow basin in the treatment plant would be overloaded. With the completion of the backwash piping now being installed the potable water from this proposed well, as well as the potable water from Well #1 and #2 would bypass the upflow basin and go directly to the filter and subsequently .into the reservoir. This will enable us to increase the capacity of the plant from 14.x+ million gallons per day to 16 million gallons per day. In addition we would have the capacity to supply 4.6 million gallons of potable water per day without treatment. Peter.. G. Ebert Director of Public Works Dated• 5 4/76 ~- :, AGREEMENT FOR ENGINEERING SERVICES ' BETF7EEN .CITY OF RICHFIELD AND • 11 O.RR-SCHELEN-MAYERON & ASSOCIATES, INC. i THIS. AGREEMENT, made and entered into this day of `'1976, by and between the CITY OF RICHFIELD, a municipal corporation of the State of Minnesota, hereinafter called the "city", and ORR-SCHELEN- MAYERON & ASSOCIATES, INC., a Minnesota corporation engaged in consulting engineering, hereinafter called the ''engineers", WITNESSETH: In consideration of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties hereto as follows: ~. • ARTICLE I. •rl The engineers agree that they will act as consulting engineers for the city on the work described in this agreement, subject to and in accordance with this. agreement; and the city hereby engages the engineers as its consulting engineers for such work, subject to and according to the terms terms of this agreement. ~., ARTICLE II. . 'The engineering services which the: engineers will provide will relate to a proposed deep well and appurtenance work for the city's water system. The engineering services to be provided are more fully described in the following Articles III and IV. l ARTICLE III. . Upon the execution of this agreement, the engineers shall perform the following preliminary services with reference to such deep well facilities: A. Make arty necessary field surveying required for the performance • of this agreement by the engineers. B. Prepare construction drawings, specifications and other necessary documents completely describing the material and workmanship required to construct the proposed deep well and the required procedures to be followed for the construction of the project. Such drawings shall include a description of the materials, workmanship and procedures for the installation of a deep well pump, piping, and at~y other related or appurtenant facilities necessary for a complete operational deep well. .The .working drawings and specifications shall be complete in such detail as to serve as the basis for public advertisements - for bids and for the contracting for the performance of the work • described therein. The specifications shall include the security t of 'the water plant during construction, maintenance of the .water 1 plant during construction, maintenance of the grounds of the plant and the prevention. of interference with plant. operations during construction. C. Consult with the city. as the drawings. and specifications are being prepared, and submit the drawings and specifications to the public works department of the city for review and approval • prior to the preparation of final copies for bidding purposes. D. Assist the city in the preparation of contract forms, advertise- went for bids and bidding. Forms and assist the city in securing • proposalsfrom bidders. ' E. At the time that bids are received, attend the opening of bids, assist in their. tabulation, and make recommendations to the city as to the acceptance of bids. . ~ .q' F. Provide at least thirty (3©) sets of contract documents to be used by prospective bidders, in .connection with the bidding process. • ARTICLE IV. On any work shown on such working drawings and specfifications for ~ which construction contracts are awarded, the engineers shall provide ,, = . ervisory services: neral su i ll th f p ng ge ow e o ~ . A. Provide general supervision of the work during construction. ' This general supervision shall include review and approval of shop drawings, x•eview and approval of the types and kinds of material and equipment included in facilities being constructed, ins ection whether specified or unspecified, and shall include field p at the ..project site on a periodic basis by a competent engineer at least twice each week. Such inspections shall be made for the purpose of securing performance by the contractors in accordance 'n drawin s and s ecifications. with the a proved works g g p p I I B. During construction, provide any additional instructions to ~ the contractor which may be necessary in order to interpret the drawings and specifications. C. While construction is in progress, review and certify monthly contract estimates for periodic payments. ' D. At the conclusion of construction, certify to the completion of the work and make a recommendation to the city for the acceptance of the work. E. After completion of construction, provide the city with a set of as-built drawings and specifications. ARTICLE V. The city agrees to cooperate with the engineers in their performance • that connection of any engineering work provided under this agreement. In the city agrees to provide the engineers with the following: ~ 2 • 1 .~~ ' • A. Any records, plans, reports, or other information in its files relevant to the work of the engineers. B. Complete access to the site for the performance of any engineering work provided for in this agreement. C. Prompt and thorough consideration of all reports, sketches, .drawings, specifications, estimates, proposals and other documents presented by the engineers•and information to the engineers of all decisions thereon, within a reasonable time so as not to delay .the work of the engineers. D. Advertising for. bids for construction of the project, based upon proposed advertisements for bids prepared by the engineers, upon authorization by the city council. ARTICLE VI. As payment for the engineering services listed in Articles III and IV of this agreement, the city will pay the engineers as follows: A. A percentage fse representing a percentage of the construction cost of the facilities shown on the drawings and specifications prepared by the engineers, with such percentage to be as shown on 'Fig. 2 - Curve B' attached hereto and made a part hereof. In determining•the basis for calculating the percentage fee payable to the engineers, the following provisions shall be • applicable. 1. "Construction cost of the facilities", as used in this agreement, means the. total cost of all work designed or specified by the engineers for the project but does not include any .payment to the engineers or other consultants, the cost of acquisition of ary necessary sites or rights cf way, or the cost of any out-of-pocket expenses of the engineers which are reimbursable under the provisions of this agreement. 2. No deductions shall be made from the engineers' compensation " because of penalties, liquidated damages or other amounts withheld from payments to the contractors. 3. "Construction cost of the facilities", as used in this • agreement, and the time for payment of fees, shall be • determined as follows: (a) IP bids are received and a contract for construction of the project is entered into, the "construction cost of the facilities" shall be the contract cost. If, upon completion of the contract, the actual construction cost is different from the original contract cost (by reason of such things as change orders and differences in actual work quantities bid on a unit price basis), the fees shall be based upon the final actual contract cost. Ninety percent (90~) of the percentage fee shall be paid within sixty (60) days after the city has entered into a contract for the construction of the facilities shown on the drawings and specifications and the remaining ten percent (10~) shall be paid upon the completion of construction. If a deletion is made from the project shown in the drawings and speci- fications, by the city, the engineers shall be paid for their services on such deleted work equal to ninety percent (90~) of the percentage fee which would have been payable if the deleted work had been constructed. (b) If bids are received but no construction contract is entered into within thirty (30) days thereafter, or within the period during which bids may be accepted, the "construction cost. of the facilities" shall be the amount • _ 3 .. ' of the lowest responsible bid, and in such event the fees shall be paid in full as to work shown on such drawings and specifications within sixty (60) days after receipt of the bids, or within the period during which bids may ` be accepted. -In the event that no construction contract is awarded as provided in this paragraph, the engineers shall be paid ninety percent (90%) of the percentage fee provided for in "Fig. 2" attached. (c) In any case where only ninety percent (g0%) of the basic percentage fee has been paid, as provided. in this article, if the work is later. constructed, the engineers shall provide supervisory services for such construction and shall receive from the city the remainder of the percentage fee, so as to bring the total fee paid to the engineers to the percentage of the "construction cost of the facilities" as shown on the attached "Fig. 2." B. •In addition to the percentage fee for engineering services the city shall reimburse the engineers for actual out-of-pocket expenses incurred for soil testing and materials quality testing where such testing is done by third parties. ARTICLE VII. If the engineers are required to perform extra services (e.g. revising drawings and specifications after they have been apprcved by the city or in .providing services not included within the scope of this agreement) such extra services shall be paid for on a basis to be agreed upon in writing by the parties at the time such edt-ra services are .ordered. No claim for extra engineering services shall be made by the engineers, however, unless, before they are undertaken, they are specifically ordered in writing by the city "extra services" and the basis for paying for them is established by a written memorandum. ARTICLE VIII. All records, drawings, specifications, test results and as- built plans prepared by the engineers pursuant to this. agreement shall become the absolute property of the city upon payment there- for in accordance with the provisions of this agreement. ARTICLE IX. The engineers agree to undertake the work provided for in this agreement promptly upon the execution hereof, and to prosecute such work to completion without undue delay. R ~ R IN WITNESS WHEREOF, the parties hereto have made and executed this agreement as of the date and year first above written.. • CITY OF RICHFIELD By Its. Mayor By Its Manager ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ Its President • r1' Its Vice President I • ~5~ FIG.2 -- CURVE B, MEDIAN COMPENSATION FOR BASK SERVICES, ', •EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR AGE COMPLEXITY.. .. PROJECTS OF AVER r - ~+ • . "~ 1 J "' J .. • ~ ~ ~- .- .~ RESOLUTION N0. ' RESOLUTION ORDERING IMPROVETdENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WELL #7 CITY PROJECT N0. 695 WHEREAS, the city council has received the engineering report for the construction of a new deep well, and WHEREAS,: the city council concurs .with the recommendation of . said report. NOW THEREFORE, BE IT RESOLVED by the city council of the City of Richfield, Minnesota: 1. That such improvement is hereby ordered as,proposed. 2. That Orr-Schelen-Mayeron & Associates, Inc. are hereby designated as the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. _ Adopted by the city council of the City of Richfield this 10th day of May, 1976. ' ATTEST: Thomas J. Moran City Clerk Loren L. Law Mayor )_,~ CITY OF ,RICHFIELD, MINNESOTA -~ Office of-City Manager Council Letter No. T47 Agenda May 10, -1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Resolution Regarding Tree Removal Policy for the 1976 Permanent Street Paving Program At its April 26, 1976 meeting the city council requested that a policy resolution be .prepared establishing council policy regarding tree removal in this year's permanent street paving program. A proposed resolution is a tfa ched . Respectfully submitted, I _ ,~ T ~. ` r %~. ~~ ~~~ ~ Wayne S. Burggraaff i ~, City Manager WSB/eja cc: Public Works Director 7 RESOLUTION NO. RESOLUTION RELATING TO TREE REMOVAL IN THE 1976 PERMANENT STREET IMPROVEMENT PROJECT WHEREAS, the city council did establish a policy of preserving as many boulevard trees as possible in the 1976 permanent street construction project, and WHEREAS, the city staff and city council held special meetings and. hearings to consider property owner requests for special street widths for the sole purpose of preserving boulevard trees, and WHEREAS, the city council did establish special and unusual street widths in the project area north of 66th Street between Highway 36 and Penn Avenue, and WHEREAS, after these special street widths were established, a number of property owners have requested the removal of individual boulevard trees which the street widths were established to preserve. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the Council reaffirm its policy to preserve as many boulevard trees as possible, but that the Public Works Director be and hereby is auth- • orized to cause the removal of any boulevard tree in the 1976 street improve- ment project for the following reasons: 1 . The tree is disaa:;e;~ ar determined to be in poor condition by the city forester. 2. The tree conflicts with permanent street curb or driveway construction or will be severely damaged by such construction. 3. The tree creates an unusual hazard,,.~Y~~-~~r a.-~~r ~~~~,~~ -, -~* ~s 1 -~ BE IT FURTHER RESOLVED that in view of the nature and size of the street improvement project and the need to make immediate construction decisions, the City Manager be and hereby is authorized to make final decisions on the removal of any boulevard trees in the 1976 street improvement project. Passed by the City Council of the City of Richfield this 10th day of May, 1976. Loren L. Law Mayor ATTEST: Thomas J. Moran City Cler ', CITY OF RICHFIELD, MINNESOTA Office of City Manager. Council Letter No. 146 Agenda May 10, 1976 The Honorable Mayor ..and Members of the City Council ..City of Richfield Gentlemen: Subject: Emerson Avenue Congregational Church Directional Signs Emerson Avenue Congregational Church, 7701 Emerson Avenue, has applied for a permit to erect three directional signs under the following provisions of ;Section 3.35; Subdivision 1 of the municipal code: "No outdoor advertising signs, billboards, or real estate signs ,~ shall be erected in an "R" or "MR" district except as follows: (4) Direction and information signs of a public or quasi-public nature, including .signs serving as directional signs to properties not situated adjacent to the street next to which the signs are located, upon first securing approval by the council. " The directional signs would be as shown on the attached sketch. They would b~ located at 7700 Lyndale Avenue, 7601 Penn Avenue and 1017 West 76th Street. -The purpose of the signs would be to direct people to Emerson Av~;enue Congregational .Church and each of the signs would be located on private property. Indications of consent from the private property owners are attached to this council .letter. Respectfully submitted, ~ ~ ~ ~ , .;:,,; ~~~ ~ . ~. i Wayne S. Burggraaff ', City Manager WSB/eja i cc: Public Works Director /Q e _ EMERSON .AVENUE. CONGREGATIONAL .CHURCH e 0 N -~....~ ' chfiel - ' To~the Ri d City Council; I hereby give my permission to the Emerson Avenue~Congregational Church to erect a l6" x 20" sign, as shown on the attached sketch, on my~property or`on praperty`overwhich I have. jurisdiction. TY~e property. is located at 1017 West.76th St. ', ~ v . !~ Signed -~ ~~ ~:..~° . Date _=~~ .~' ~.~! ~L, .,_. ''" To •the Richfield City Council, Thereby give .my permission to the Emerson Avenue Congregational Church to erect a 16" x 20" sign, as shown on the attached sketch, on my property`or'on property over. which I have jurisdiction. ' The' property is located at 7700 Lyndale'~ Ave.. So.• ~. Signed • ::. 'Date ~~ /f ~'6 t ~~.. Fhb . :. - ~'' . Ili To •the Richfield City .Council; I hereby: give my permission. to-the Emerson Avenue Congregational Church to erect a 16" x 20" sign, as shown on the attached sketch,. on my property or on property over which I have jurisdiction. The .property is located at 7601. Penn Ave So. ~ ~• Signed ~"~ ~. Date- ~~/ice / 7 ~~~~ i . ~i~ f ~ - I _ -- ~ '. ~ '~ ~ • l I' ~ _ .CITY OF RICHFIELD, MINNESOTA ,~ ~' ~ Office of City Manager.. Council Letter. No. 145 Agenda May 10, 1976 The Honorable Mayor and Members of _the City Council , City of Richfield - Gentlemen: Subject: Request for Zoning District Change - 7644-Nicollet Avenue .South _ ." Mr. Robert E. Moses, 7644 Nicollet Avenue South., has requested a ( zoning di"strict change from re idential (R) to general commercial ('G-2) for ':the property located at 7644 NicolYet Avenue South. This rezoning would ~ allow Mr. Moses to operate a security, .patrol and detective business from the' exi-sting single family. residential' structure. The following items are attached to this letter and will be referred to r ~ throughout this report: Exhibit A shows the current land use in the area Exhibit B shows the current zoning of the site and area Exhibit_C is~the site plan of the existing house Exhibit D are photos of the existing building and the parking' which is being acc modated on the street, on the premises and next door ` Exhibit E is the petition for rezoning i 3 / Applicant's Propgsal i The applicant is requesting a rezoning of his property to allow him to convert a single ~amily home into a commercial office . This commercial office would hou ~e the applicant's security, patrol and de`ke~tive business . The applicant d escribes his business (Mid-Star Security Services, Inc.) as a full line of nvedtigative protective service, which includes .investigation, a mobile and sta ~ionary patrol, alarm installation and response. Background I ~ " Land Data Building Data Zoning Requirement Lot 84' x 124' ~~ ' (10,416 sq. ft.) Building; l 1/2 story S.F, dwe.ling ' ~ 24' x 33' ~ ' 792 sq; #t. first-..floor ' 400 sq. ft. second floor i i i_ ~: i Council Letter No. 145 -2- ~ May 10, 1.976 Land Data Building Data Zoning Requirement Front Yard °~ ~ 45' 40' -commercial Side Yard 18' -north 32' -south 1.5' -north l Rear Yard S5' 2.5' f Zand Use/Zoning. S. F,. Residential / S, F. Residential i, N -Single Family Residential /Single Family Residential E -General Commercial (Vacant Gas Station)/General II ~ Commercial W -Single Family Residential /Single Family Residential S -General Commercial (Ember's Restaurant)/General Commercial ' C4 Parking Provided Required f' 3 6 Including one Based on Floor ~ ~ ', space in the: garage . area . Based on the- number. of cars observed , on the premises , at least seven spaces should be provided for off-street parking. Comprehensives Indicates that this area should remain; single family Plan ~ residential: k Staff Review an Findin s ~ ~ Mid-Star Security, Inc. has been operating. in this location since 1974 as a home occupatilon in violation of the .Home Occupation Ordinance. Although the Home Occupation Ordinance requires that any business operated out of a home be incidentalto the use of the home for single family residential purposes, this- home is being u ed entirely for commercial purposes. The Home,Occupation Ordinance also requires a special use permit if more than one person is employed by the business located on the residential premises. Mid-Star Security, Inc. has approximately 30 employees . The applicant's inability to operate his business within the requirements of the Home Occupation Ordinance has prompted - hm to seek a re oning of the property from residential to general ;commercial, to permit continued operation of his business from this location. i 1 i ;. Council Letter N.o. 145 -3- Niay 10, 197.6 I The rezoning of this eland to general' dommercial (C-2 )..would allow cperation of general,commerdal use. of the north side of 77th Street. Through zoning, an adequate separation of commercial and residential uses in this area along 77th Street has been attained. 7'ith Street: tends to serve: as a physical and psycholog- ical barrier between the residential .and commercial uses in' he immediate area . Therefore,- operation of general commercial use on the north side of 77th Street would negatively impact the sirigle family residential neighborhood.. ~' In addition,j: zoning of this type has`the effect of`depressing property values of the surrounding property and slightly increasing service cosh to the city.. Such zoning leads. to`a general decline in the confidence people have in their:. 'single family residential neighborhood:. This tends to increase long term co.='-:- to the city as the neighborhood .stability declines . Conversion; of single family dwellingsto a business office use l:as a direcC deteriorating effect on the' single. family structure and' an indirect deteriorating effect` on a residential neighborhood. The deteriorating effect on a structure would occur because: 1. The building was constructed for single family use. Although it will have to be brought up to minimum building safety codes , the building ~ codes which govern construction of a single family building are not as stringent as those which govern the construction of a -more. intensely used office building. The conversion of this single family building would deteriorate the structure at a more rapid rate than; if in `fact„ it were a structure built for and ,intended for commercial purposes , 2, The 101,416 foot lot is not large enough to provide the necessary business" parking in addition to sufficient landscaping to maintain resemblance to " the character of a single family structure. The neighborhood would likely be adversely affected by this visible change in use. The indirect deteriorating effect on the neighborhood would result from increased traffic, deterioration of the dwelling unit itself, encroachment of the neighborhood b~commercial use which is not compatible with single family neighborhoods i an unplanned environment, and the hours of operation. There is no an economic market force or lack of existing office space in Richfield or the isoutwest metropolitan area which necessitates the rezoning of .this land. The stabilization of ~tchfield's population has decreased demand for office space,. particularily office space for service-oriented businesses. Additionally, extensive office development in the southwest metropolitan area ;, i - -: j, ' ,, . i, Council Letter No, 145 -4"- I~/iay 10, 1976 ~ has softened the ;market fQr new office :space for two to five years . The total - Y.f . . market demand for office space in Richfield, in the year 1980 is projected at y 74,000 square feet, and this demand will be satisfied through the recievAl~:-~- m~:::;it of the Lyndale/Hub/Nicollet commercial area . The present limited market value of the property to be rezoned is $21 , 78(.1 , The estimated market. value is $24, 840. With change to commercial use, this estimated marketi'valus of the property would increase to approximately $40, 000. However., any tai revenues to be gained by reappraisal of .this property a v~ commercial are considerably decreased by the 10 percent limited. market value... increase imposed;' by State Legislation. Because of this, the value of the property could only be raised to $23,958 for tax purposes, and the city, would only realize from the current residential -tax of $484 to commercial taxes of $1, 000 approximately $516 additional revenue annually. There is a potential for: 30 automobile trips coming to and from this. site dai y. A single family residential. lot., ususally generates. an average of eight trips daily. Although the proposed zone change would not substantially increase traffic on Nicolle':,t Avenue or 77th Street, the commercial use would increase the need for off-street parking. The increased need for parking `would: impact negatively on the; neighborhood by the need to tear up the rear or front yard and ~; create an asphalts or hard-surfaced parking lot on part of the yard. In 1972, this lot was in an area rezoned from an existing multi-family dist:: r~. to a .single family residential district. This land was rezoned to single family residential to conform to the city's comprehensive development plan. To now rezone the land- as a commercial use would be contrary to previous council actions and the city's co prehensive development plan. In any event, the rezoning should-not be accomplished without an amendment to the c y's comprehensive development plan. City staff consulted the environmental health department, the- public safety department, and Hennepin County concerning this particular application. Comments received from the environmental health department indicate that the applicant has been cited foir violation of the Home Occupation Ordinance . Action on this violation is pend ing results. of the `re quested zone change. The fire chie f indicated thatthere'would not be significant fire hazards with the: proposed us"el~ of the single family dwelling for a detective service. He also ' .indicated, howev er, that there could be problems with other ,'types of commercial' - use in this sing le family dwelling-..The zone change cannot limit the specific use of a commerc ial area for detective service only. • r ., ~: i i I i ~~ i .:. `• Council~Letter No. 145 -5- May 10, ..1976 Hennepin Co';unty Public Works Department was consulted beca-use Nicollet Avenue is a county road..' The county reviewed the application and -indicated .that any. additional curb cuts on Nicollet Avenue would not only~increase congestion on thdt particular corner, but would also create additional serious traffic hazard s in and-around the area'. f 7 0 6th and 77th Stree 's and is t N o et 11 Avenue. ', . .Staff Recommendation` It is the opinion of the planning director, in which I concur,. that rezoning " of this 'property for general commercial. use would have the following .effects; l . Be generally detrimental to the surrounding single family residential neighborhood. 2 , ' Cons~titu~te `spot commercial zoning of an unplanned variety-which would tend to depress property :values in the immediate area , I 3. Be contrary to the city's adopted comprehensive development plan and. previous] city council action in rezoning from multiple to single family `• use 4. Be unnecessary to satisfy economic market demand for office space in this are . i It is the opinlion of the staff that the petition for rezoning be denied . i Plannn Commis ion Recemmendation The commiss~.on reviewed this petition for rezoning at its April- 27, 1976 meeting. Several neighbors in the area gave testimony opposing the rezoning. Although the applicant had been notified of the planning commission meeting, he was not present to give testimony at that meeting. i The planning I~commission discussion of the rezoning included a concern for-spreading of commercial activity north of 77th Street, and' a concern for the effects of a commercial activity on the nearby single family residences . Although the commission was concerned with the absence of the applicant they recommended denial of the petition for a zoning district change from R-1 • ;.. ~ - ;. I i I r~ ~. t. is - .. Council Letter No. 145 -6- Nay 10, 1976 9 to 'C-2 'because tl~e proposed zone`~change does not conform to the city's adopted comprehensive development plan. The 'commission requested the `planning- department to send. a letter to the applicant notifying him of the -May 10th city council meeting. ', The department sent Mr. Moses a certified letter notifying him of the city council meeting . Respectfully `subn}~tted, Wayne S . 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N .. .. ~~, r ~ . ~ .~: :_ F ,_ _ _ . ~. a _--- . ______-- --_ __ , . - -- ., _t ~ ~ ~ r ~ ~~ . . .._~~• .-. ..•:.~es id~ni; a1 t.o .~o~nm,eroia • ~ ~ aeeu~sr fG~ P.EZCPlItiG FRO:i 1 .Za/•76 to ?'ermdnant • • ~ .. ~-oa YHA ~ouocrl;•!c PI;RPOSE ' o o~er~'e a.3usaness (Leteotive Agenc• • <<c~Co~scz tpT ~or~: 7644.• 1~' i co11 e~t A.vanue South - fi i ch,r i el d, ~'~' _ > ~o>~ 7, ~1ock 1, "X.~ C. Soens ~ddi t.ion", hennenin Cottntu, :. • .• ... ~ .. M.tnnesota, - ~~, TFIE LASOERSIGI~EO~ f3E1NG OClNcRS OF LAND t,iiH1N 30O FEET OF tHE LAND AOOVE UESCRJE3E0~ DO FIEREpY CONCUR 1:: THIS ~E20tiiN3 REQUESTs - . - . .u1G'~:nTl;~iE OF OG\ERS .. nOQRESS - -' (.EGdL OESCr lPTIt~N ' ~ '7~ ~- ~/ ..- L 9 .& 10, B 4, A.G. Bogen Com~ny, ~, /bra ~ - L 13 & P of L 1~, B ~s Companys _.. . ~~.~ .~ A.G. Bogen ~ _ ~ ._ L 15 • & P of L 14, • B 4, Compa.nys •• 7iaVy ~ - • - •_ a .. ..- •• ~t ~~ . .,..~, t.--~ ~ • • •• • .. . / ~ f~ •• ~ L g, B 1, 'R. C. Soens Addn. -- ,^ -ta ~ • '~ f '~ (;~ ' 1 ~ r _ "T, 12, B ~, ~ A. G. Bogen i Company's ~,~~~ ~, ~ .f...- € _ •, ~ Cs'Uu ~ (, i- ~ ~ %v : ~, ~ 5~ "L B 1~ R. C. Soens Addn. ~ „ . . / ~ ~ ' ~ ~ -L 6, B. 2, R. C. Soens Addn. ~ _Z• -~ r f~ ~, _ ' j? ~; L 12, B 1, R. C. Soens Addn. . ~~ ~ (~) ,~ ~ ~ bey. ~t/~ ~~Il~~ ~ i, 7,- B.i, R. C. Soens Addn. . ~ / `~ y ~ ~, ..; ~ - . ~L L ~~' s B 2,. R. C. ' Soens Addn. ~_~ ~ -c 7 /~ ~~ ~ L 6, B 1, R. C.. Soens Addn. ' ~~ •^ ~ ~ -L 2,~ B fi, R. C. Soens Addn. ~ rl~%/~~~ ~. ~ L 1, B fi, fit. C. Soens .Addn... - ?r s ~r~ , C ~- ~ / c' ~.' ' . , . _ r ~/ '~~ ; ~ ~ ~ "-~d ~ L. 8, B .1, R. C. Soens Addn.. ~.. , .~ , L l , _ . ~1l .~~' West fifith• Street ~ ~~~'~ L 6 B fi, R: ~ C. .Soens Addn.. & L 1,. B 6, R: C. Soens Addn. .. . ~ .. ,{ . nybc~ _ . .. ~ _ ~ ~ J -~ ~` ` _ ;lids r ~ . w.wc.~..~.iiS.ll':.w~:..~iSa'.:'~il~ r a f '. ~` t t ~ W1+:iY.ra7 - l . ~ ,Jdw•.r+l~awY~+w.+~A+MIM:Slt.4-H~J.ai.1..:P+.r~a..1.+4d~a..".r..a4u r ~, CITY OF RICHFIELD, MINNESOTA Office of City Manager' Council Letter No. 144 Agenda May 10, 1976 The Honorable Mayor and: .:.Members of the City. Council City of Richfield Gentlemen: Subject: Authorization to Call for Bids On the May 10, 1976 city council agenda there is an item. providing for city council authorization to call for bids for hearing and air conditioning- controls and equipment service/maintenance contract. Authorization for this bid is necessary to renew the contractual agreement providing for preventive maintenance, repair and inspection of hea'~ng and air conditioning equipment at various city jfacilities. It is recommended that the city council authorize this call for bids. Respectfully submitted, y)//~ • ~. i ~J~%E~y~ ~ rY Wayne S. Burggraaff `~ City. Manager WSB/eja cc: Finance Director Administrative Assistant Public Works Director i , i j; CITY OF RICHFIELD,. MINNESOTA Office of City Manager • Council Letter No. 143. - Agenda May 10 1976 The Honorable'Mayor ~ and Members of the City Council City of Richfield Gentlemen; Subject: Barricades for Block Party Ms. Verna. Mace, 7221.- Wentworth Avenue, has requested permission to barricade Wentworth Avenue between 72nd and 73rd Streets for the hours of 12:00 noon to 9:00 p. m. , on Sunday May 23 , 1976, for"the purposes of holding a block party., The only stipula ions attached to this request is that the barricades • and .warning devices be erected by the city in such a way,so as to discourage through traffic; but to permit ingress and egress of emergency vehicles in the event this iwould be required during the time of the block party. Respectfully submitted, Wayne S. Burggraaff \/ City Manager WSB/eja cc: Public Safety Director Public Wo1rks Director Fire Chie 1 ' / CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 142 Agenda:May 10, 1y76 ~ The Honorable Mayor Wand .Members of the. City Council City of 'Richfield j Gentlemen: Subje''ct: Discussion of Procedure Concerning Review of Special Use Permit Requests At the request of planning commissioner Joe Ertman, Mayor Law has asked that there be a discussion item on the May 10, 1976 city council agenda for 'the purpose of considering the procedure used in reviewing special use permits. The normal procedure which has been followed in reviewing special use permit applications is for the applications to be initially considered by the planning commission which then submits a recommendation to .the.'. city council ,which is considered by the council at its public hearing on the application. ~I In the last few months there have been two exceptions to this procedure. In both cases the applicants requested that the city council waive the .normal procedure and consider the applications without referral to the planning commission.' One of these applications related to a special use permit concerning the. sale of automobiles on Richfield Bank property for a two day peripd. .This request appeared on a ciII'ty council agenda , but was withdrawn by a ;representative. of the bank and it vas never acted upon by the city council. The other application where a waiver of procedure was requested related to a special uselpermit for a landscaping business on Penn Avenue. In that particular instance, the. city council considered the applicant's request for waiver of procedure and then reaffirmed the normal review procedure by directing ~ hat la i commission. T ue heard first b the nn n a v the re s t the a licant to .h e Y p g .. Pp q request was subsequently considered by the planning commission-and a decision is now pending before the city council. I have attached a copy of a letter from the City Attorney commenting on , provisions of the municipal code concerning special use permits and the review procedure for su i h .permits . 5 Respectfully submitted, ' .~ cc: City Attorney ~.; Planning Director Wayne S. Burggraaff City Manager CLAYTON L. LeFEV£RE HERBERT P. LEFLER ' CURTIS A. FEARSON J. DEN NIS O'BRIEN JOHN E. DRAWZ JOHN B. DEAN OAVIb J..KENNEDY GLENN E. PURDUE DAVID J. BUTLER -. JAMES D. CARSON CHARLES L. LEFEVERE HERBERT P. LEFLER ~ LAW OFFICES LEFEVERE, LEFLER, PEARSON, O' BRIEN &DRAWZ IIOO.FIRSTNATIONAL BANK BUILDING l+IINNEAPOLIS, MINNESOTA 55402 May 3, 1976 Mr. Wayne S. Burggraaff City Manager CITY OF RICHFIELD 6700 Portland Avenue South Richfield, Minnesota 55423 Dear Mr. Burggraaff: TELEPHONE (812) 333-0543 D ~~~~ Q "9~aY ~ 176 ~:~~khfield City .~~~, You have asked me to comment briefly on the need to refer :special use permit applications to the planning commission :before they are acted upon by the city council. The state planning act does not contain any provisions on this .subject. Therefore, the only applicable provisions are those which are contained in the city ordinance code. Section 3.41, subdivision 4, provides as follows: "Public Hearing. The council may hold such hearings on the proposal to issue a special use permit as it may consider necessary; but at least one public hearing shall be held by the council or by a committee or commission. to be designated by the council in any application for a use permit for the establishment of any use listed in subdivision 1, subsections 5 and 7,~of this section." Subsection_5 deals with a permit for an airport, library, community center, church, hospital and institution of an educational, philanthropic or charitable nature, cemetezy, crematory or mausoleum. There is no subsection 7. As to the uses listed in subsection 5, at least one public hearing is required to be held either by the council or a commission designated by the council. The foregoing provisions, standing alone, appear to make it discretionary with the council to determine. (a) what hearings it considers necessary and (b) if a hearing is required, LAW OFFICES L~FEVERE, LEFLER, HAMILTON AND PEARSON Mr. Wayne,5. Burggraaff May 3, 1976 '- Page 2 who should hold the hearing. On a manner of minor consequence ..and of limited duration, I believe that the council may properly determine to hold a hearing itself if it chooses to do so. Section 3.68 of the ordinance code provides for the planning... ;commission. Subdivision 4 of .that section provides that the planning commission shall maze recommendations on all ,proposed subdivisions and resubdivisions of land, all proposed zoning amendments, all land-development applications requiring special use permits or variances and such other matters as may be referred to it by the city council. A temporary use of property in the commercial zone as a location for' a car sales promotion is not, in my opinion, a"land development application. Therefore, if the council chooses to hear a matter of that nature itself. without prior reference to the planning commission, it can do so in the exercise of its discretion. As a matter of policy the council has referred special use permit applications to the planning commission, whether the applications have involved land development or .not, but the • council, I believe, has full authority to vary its policy when it determines that this is appropriate under the circumstances. The council can, of course, change the applicable ordinances if it wishes to make any changes on the subject of processing special use permits. Very truly yours, Clayton L. LeFevere CLL:jpf N ~~ '.CITY OF RICHFIELD, MINNESOTA ~~ Office of City Manager Council'Letter No. 141 Agenda May 10, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Commission Appointments The .following appointments have .yet to be made to two city .commissions: Human Rights Commission: The terms of Mrs. Belen Andrada, Mr. Elmer Josephs and Mrs.. JoAnn Bloomberg will expire May 27, 1976. All three wish to be reappointed for anot er erm. There is also a vacancy created by the resignation of j. Arthur Lyght for a term which will expire May 27, 1977. No applications have been received for appointment to this commission. ~` Advisory Youth :'Commission: The terms of the six youth members will expire June 1, 1976! Vicki Olson, Scott Swanson, Dan Osgood and Debi Lidbom wish to be reappointed for another term, Julie Mach and Col, leen Se feyt have requested that they not be reappointed. Three adult terms will also expire June 1 , 1976, and none of the present members wish to bereappointed. There is also a vacancy for a three year term which will expire June 1, 19 78 . We are attaching an application from Lori Turk, who has expressed an interest in being appointed as a youth member on this commission. No other applications have been received. Respectfully submitted, ~~ ~ //~ ~ / Wayne S. Burggraaff t~'/ City Manager WSB/eja cc: Park.. and Recreatiott Director ~~ - 1 - .. ~ .. ~ ~' I ' CII''Y Or RICHFIELD ~. . APPLICATION FORM FOR INDIVIDUALS DESIRING TO SERVE ON MUNICIPAL ADVISORY COMMISSIONS OR COMMITTEES ].. Committee or commission- for which application is being made Youth Advisory Commission 2. Name LORI FRAhTCINE TURK ~3. - Residence address 7544 Fifth Avenue South Sb9-8554 ~ . No - Street City Phone 4. Business address .Does not apply Name of emp~Uying agency Address Position H~1d ~ ~. .Bate Cis '+7irth Ocfsohar 2$ . 19 g 5 Month Date Year --.._.... ...Y.__ 6. Local organizational memberships and affiliations: ( ~' a- 1976 Representative to GIRLS STATE (sponsor: American Legion Aux. ~ j . Unit 435) b- NATIONAL HONOR SOCIETY (Richfield Sr. High School Chapter) ~ ~ c. .Secretary for Richfield H. S. Junior Class - 1975-?976 ~ i Briefly discuss aspects of your experience which. ~ ou kielieve ~unicipal Committee and wh I qualify you for this 1 y you are interested in serving.. Through elementary and high school years I have belonged to, and been a reuresentative , : unz y-orien e groups. was sponsors their representative at Legionville because T had receivederecognition forcmy dutiesaas } a-~: . National, State, and Local elections. .Following axe some of 19721 cations from sse~,~ss~7-: _(1~) Received- reco~mition this Gering f'romytt,PtNvttn~a~ aMa, ~+aglh~Zar~ ship Committee (2 Chairman for R.H.S. Homecoming Planning Com. (3) Member~of Planning i Committee for Junior-Senior Prom, 1976; (4)Pep Club member- -. ~rarg-~z~'~;~-- ;mod !1 ~ , •(5) Member--Spanish Club, (7) Activel - i n e c u s; onors ng is ass u ent; y"Snvolved in school drama productions from junior high through. present time. • I am civic-minded and desire to serve my community, Richfield, in some active ways I .Feel if I am at]~oi nted to h Yrn~th A.itr; G V Gnmmi ~Gi nn,_J• tri 1 l ~ PAt. 1 own Comm it and Iocal P °~'^"+ my ~ government. ~_SE'E;..DE PL,EL~#~~°~~,,; ~ ~~ -~ ~~•e thoroughly acquainted with your qualifications Name _Occupation Address Phone ~ Present member of the Youth I-Miss Colleen Se~.fert Advisor Commission 7209 Columbus Ave. 569-56 ' Richfield Jr. H,S. Social Z.I~-..Leo Poehling Studies Teacher ~ 745 14th Ave. So. 861-1905 I~' Mrs. Paul (Patricia) Scanlon Housewife & Mother 7526 Fifth Ave. 50. 869-5165 , _~ .Bain Ric field. Sr H.S.Chem.Teacher 7336 Emerson Ave. So. 566..6587 . Signature of applicant OLD ~ - ~'#In this way, I hope to be able to aid and to help teach my peers and othors about ood citizenship and Americanism, g ~ __._ Z3 CITY OF RICHFIELD, MINNESOTA Office. of City Manager .Council Letter No. 140 Agenda Many 10, 1976 -The Honorable Mayor and Members of the City Council j City of Richfield Gentlemen: Subject; Discussion of League of Minnesota Municipalities Labor Relations Subscription Service i At the April 26, 1976 city council meeting, Mayor Law requested !that an item be .placed on the May 10, 1976 city council agenda for the purpose of dis- cussing the League of Minnesota Municipal Labor Relations subscription service. Information on this subject has been previously distributed to members of the city council. Respectfully submitted, ~~ ~__ ~~~~~ `, =.~ Wayne S. Burggraaff City Manager I WSB/eja cc: Personnel Director a/ ~: CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No.' 139 Agenda May 10, 1976 The Honorable Mayor ~ and Members of the City Council City of Richfield i Gentlemen: Subject: Discussion of Membership in a Suburban. Hennepin. County Municipal Organization On March 8, 1976 the city council considered a request from Mayor Krautkremer of Brooklyn Park to participate in the formation of an organization of suburban Hennepin County municipalities. A copy of the letter from Mayor Krautkremer is attached.. You will note that the resolution provides for a • contribution toward the purposes of this organization in a maximum amount of 5~ per capita, which for the City of Richfield would be approximately $2,350. The .city council deferred action on this matter at the March 8 meeting and .Councilman Ludeman volunteered to request Mr. Lyle Olson, Director of Staff Services for the City of Bloomington, to make a presentation to the Richfield City Council. This presentation was made at the last city council meeting on April 26 and the council agreed to give further consideration to .the organization; of Hennepin County municipalities at the May 10, 1976 city council meeting: Respectfully submitted, i ~~~ ~ ~~ Wayne S. Burggraaff I City Manager ~ WSB/eja i I _ _ .~ . j city o~ Brooklyn park _ . February 26, 1976 ->::,. 5 ' TO: SUBURBAN. HEPdNEF'IN- COUNTY. MAYORS AND CITY MANAGERS Q ~-(.Please duplicate for .your Councilmen) o g FROM: JIM KRAUTKREMER, MAYOR, CITY OF BROOKLYN PARK 5 T -.. H _ . Dn February 11, 1976, Mayors, Councilmen and other representatives v from~25 suburban Hennepin County 'cities and villages met. to discuss ~ the tax situation between Minneapolis and suburban communities.. A N presentation was. made to show F~hat we feel is indiscriminate pass- O'` ing on of .taxes .from intercity to the suburbs. The 52 people who g attended were all interested in getting more information, and many R were ready .to get something going immediately. to fight this problem. p K How can we do this? Some don't feel another Qrganization is needed; Yothers do. Regardless, whether we get together formally or informally,. we. need :to do something to get. together ors this issue. 'Jnited we stand. ~~ a~c~}ance; divided we'll .continue to subsidize Minneapolis' inefficien- a ~cies and their pension. burden.' As I have stated before, core cities K do have pecial needs--but. that doesn't mean, that you and I have to Nt give them a blank check to tax us .and our constituents on a whim. N Let's get_,together on this situation and at aeast discuss. the options N We have availahie to us. . ~ _. . p Financial support will be necessary; however, if your. municipality T does not wish to contribute financially, please cpnsider committing A some of your city staff time in lieu thereof, and so indicate in the 5 resolution. 4 Please approve the. attached resolution at your next Council meeting ~3- and send a copy to me as soon as possible. If you have any questions, T_ please call me at 560-4100, Ext. 300,, during the day or. 537-772.2 in '~.' the evening. Regardless., please let me know one way~or the other P Thether you are interested. N.. . E 4 -~ 2 ~ r--.. ..~.F Attachment i,i ~~'+".~: I ~ ~~76'.. . l., . ~ f:ic~,,;~;: ~;~ ~~~anager - _ _ ` ;: L. .. f~~ - ~ J _ •, ,' .. - - - ... _ RESOLUTION APPROVING MEMBERSHIP IN A - I • SUBURBAN HEr1NEPIr1 COUNTY MUNICIPAL ORGANhZATION WHEREAS, tfinneapolis and Hennepin County. elected officials .have both prESented legislative programs to the Minnesota Legislature; • and 4lHEREAS, many of the-items contained in these .proposals have the effect of having suburbam communities••absorb additional .tax L~urdens; and WHEREAS, under recent legislation the intercity now enjoys the position of having....suburban taxpayers subsidizing a sizeable part pf their present tax burdens; and .WHEREAS., an end .must be~`put to indiscriminate sharing of the Minneapolis'tax burdens throughout Hennepin County ;, and WHEREAS, it is in the best-interests of all Hennepin County suburban municipalities to present a united front to ensure that .this practice .is not continued;'and WHEREAS, it is also in our best interests to keep a watchful ,~j eye on all related legislative proposals and clay-to-da o er Y p a-tions ,. NOW, THEREFORE, BE IT RESOLVED BY THE CITX OF that• 1. We endorse the development of an unbiased. comparative core . city v~s.; suburban municipality tax .stud relative effects of all intergovernmental~aidsluding ~. Lobbyefforts in the 1977 Minnesota Legislature be . undertaken concerning disparities in the distribution- of shared tax aids. • '$. ~We hereby support. the. coalition and its concept and appoint (name, address, office 6 home hone number) to represent our community. BE IT FURTHER•RESOLVED•~hat: • 1• We wish to participate in the funding in 1976 and 1977 operations'tl/2 payable in 1976 and 1/2 payable in 197.7) in an amount up to but not exceeding 5~ per capita. k: • 2•• •A copy of this resolution is to be sent to Mayor James Krautkremer, City of Brooklyn Park. .. ~ • ~ a r ,r C?TY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 138 Agenda May 10, .1976 Th`e Honorable Mayor - .....and Members of the City Council City` of Richfield . Gentlemen: Subject;; Special Use Permit 6945 Penn Avenue At the April 26, 1976 city council meeting the city council held a hearing to consider the request for a special use. permit at 6945 Penn. Avenue. The hearing was. closed., but .action on the request was, deferred to the May 10, 1976 city council meeting. Affirmative .action on the special use permit request can be taken by .passing a motion which should also include any stipulations which the city. council might wish to attach to issuance of the permit. A resolution denying the request has been developed and is attached in the event the city council decides to follow! that alternative course of action. Respectfully submitted, ~~~/ "" , ; Wayne S. Burggraaff j City Manager I WSB/eja i cc: City Attorne Planning Director RESOLUTION NO, RESOLUTION RELATING TO APPLICATION FOR SPECIAL USE PERMIT FOR TREE AND PLANT NURSERY BUSINESS AT 6945 PENN AVENUE WHEREAS, an application has been made for the reestablishment of a tree and plant nursery business at 6945 Penn Avenue, and WHEREAS, such proposed use of this property is a general commercial use, and WHEREAS, the property in question is zoned for use and for many years has been zoned for use as a single family residential district, and WHEREAS, the subject property has been and now is in an area consisting primarily of single family residential property, with a limited amount of multiplE: residence development, but no commercial development, and • WHEREAS, the use of the subject property for a commercial enterprise would, therefore, be contrary to the long established zoning of the property, and WHEREAS, the subject property has been used in the past by a Mr. Thomas Snow pursuant to a special use permit, which special use permit was made non-transferable and of limited duration, and WHEREAS, the zoning ordinance of the city requires the council to d~:t~;r rr.ine , prior to the issuance of a special use permit, that the proposed use will not, under the circumstances of the particular case be detrimental, (1) to the hE~~alth, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of such use, or (2) to the public welfare or injurious to property or improvements in the neighborhood. WHEREAS, the operation of a tree and plant nursery business on the subjer.t property has, in the past, resulted in a significant amount of on-street parking N -2- immediately adjacent to the subject property on (a) Penn Avenue, where parking is prohibited and on (b) 70th Street between Oliver and Penn Avenues, so as to create traffic violations, traffic congestion, a limitation of visibility in entering onto and leaving Penn Avenue, and an undesirable complication .and congestion of traffic at the intersection of 70th Street and Penn Avenue, ar;ci WHEREAS, the operation of a commercial venture cn the subject property, with the attendant traffic, noise, lights, advertising and other incidents of a commercial business are inimical to the residential character of the neighborhood and WHEREAS, the conduct of a commercial activity of the type proposed, in a residential area has a tendency to depreciate the values of the adjacent residential properties and to jeopardize the stability of property values and the living quality of the residential neighborhood, and WHEREAS, legal problems are created in the administration of the ci.ty's zoning ordinance if the city council continues to authorize the conduct of a commercial activity of the type applied for on residential property pursuant tc; a special use permit, and WHEREAS, the city planning commission has found that the proposed use is inconsistent with the city's comprehensive development plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. It is hereby determined that the establishment, maintenance and operation of a tree and plant nursery business at 6945 Penn Avenue will come under the circumstances of the particular case and be -3- detrimental (1) to the health, safety, morals, comfort, convenience, or welfare of the persons residing or working in the neighborhood of such use (2) to the public welfare and (3) to the value of property and improvements in the neighborhood . 2. The application for a special use permit to conduct such business at such location is denied. Passed by the City Council of the City of Richfield this 10th day of May, 1976. Loren L. Law Mayor ATTEST: • Thomas J. Moran City Clerk ' ,~ : CITY OF RICHFIELD, MINNESOTA Office of, City Manager Council Letter No. 137 Agenda May 10, 1076 \~. The Honorable Mayor ' and Members of the City Council City. of Richfield Gentlemen: Subject: Setting Hearing Date on Planned Use of General Revenue Sharing Entitlement No. 7 Funds The purpose of -this council letter is to request that the city council set the date of May 24, 1976 as a hearing date on the planned use of general revenue sh~ri~.g entitlement `No. 7 funds. - Entitlement No. 7 covers the period July 1 , 1976 through December 31 , 1976 and represents the last entitlement which the city will receive under the current federal revenue sharing legislation. Additional information on the city's current use ;of revenue sharing funds will be provided for the hearing on May 24. Respectfully .submitted, .-,..._ r ` ~d ~~~ ~~" /' Wayne S. Burggraaff City Manager WSB/eja ~, cc: Finance Director ~: _... .,~a -aM~~ ~~ CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No. 136 Agenda May 10, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: .Hennepin County Proposed Public Safety Communications Interim User. Board: Recommendation on Joint Powers Agreement A copy of the joint powers agreement fora Hennepin Emergency Communication Organization is attached. The Hennepin County Public Safety Communications Interim User Board met and voted: unanimously to approve the attached agreement. Copies of .the agreement, together with other supporting information. have been previously submitted. to the. city council as background material.' The proposed HECO agreement. has been developed in accordance. with a resolution adopted by the Richfield. City Council on May 12,' 1y75. 'It is recom- mended that the city council consider the proposed agreement and adopt the attached resolution authorizing execution of the agreement and designating the city manager andj the public safety. director as the delegate and alternate dele- gate to represents the City of Richfield in this new organization. Respectfully submitted, l: ~ ~+ ~~ Gu~~ ~ Wayne S. Burggraaff I City Manager WSB/eja i ~~ ,. 'i CITY. OF RICHFIELD,` MINNESOTA .` Office` of City Manager ' Council Letter No. 155 ~~ Agenda May 10, .1976 The Honorable Mayor ~ and ~ Members of the. Cilty Council City of Richfield '; I Gentlemen• i Subject;: Taxicab Rate .Increase Attached is a letter from Mr.jack Daly, Jr. , Executive Vice President of the Yellow Taxi. Company, advising the City of Richfield of taxicab rate adjust- . merits i ~, Section 6.20,., subdivision 11, paragraph (2) provides as follows: " (2) The rates, fares and charges bein char ed b the lice see a g g Y n sh 11, at all times, ;be kept on file by the licensee with the city clerk. No change in they filed rates, fares or charges shall be made by the licensee without first filing such revised rates, fares or charges with the city. . clerk at least 30 days prior to the effective date of such change. " .Although .the ordinance only requires that revised rates. be filed with the city clerk, we have as a matter of practice, filed these rates with the city council in the past. Therefore, it is recommended that the city council acknowledge receipt of the letter from Mr. Daly and officially file the new rates as part~of the public record. I Respectfully .submitted, r ~~ , ~> ; . ~ ~, Wayne S. Burggraaff r City Manager WSB/eja ~ I cc: City Clerk ~' 'IVE OFFICES $32.6341 ~ ~~ Yaim ,~. YOe~ G~~" _~, MINNEAPOLIS AND SUBURBAN YELLOW CABS-AIRLINE LIMOUSINES o~~i'nnea~ioZ2s OFFICE 127 1ST AVE. N.E., MFNNEAPOLIS, MINNESOTA 55413 May 6, 1976 i• Mr. Wayne S. Burggraaff City Manager City of Richfield 6700`Portland.Avenue South Minneapolis, Minn. 55423. Dear Mr. Burggraaff: The City. of Minneapolis has approved an increase, which increases the cab fare by .10~ a mile, from .50~ to .60~. The former rate was .10~ for each additional one-fifth of a mile and now that rate will be .10~ for each additional one-sixth of a mile.. There was also a minor change in the mileage. for the first drop, and it was changed from .75~ for the first one-tenth to .75~ for .the first one-twelfth of a mile.. This is necessary because of-the meter gear ratio of one-sixth and one-twelfth. We will be implementing these rates as soon as your Cab License Inspector checks-the cab meters. ~ . Thank you for your consideration. y yrours , ,~: 'baly, Jr. Exec tive Vice President JFD:an P.S. I am enclosing a copy of comparative cab rates. ~ ' ~ ~ i r-,,.r ,, ~',, ,; CoriPt~TivE cnli ~zA1rs ~` ~ ~ , _. `~ ' I.AGL CIIAKGI: ~ ' I.1I1 . TIAL f'kIARGL LNL , -_._.~ . r CITY - --- . -- New York • h , ~ . fi0 ' . Chicago U ~ - • . Los Angc~lc~s . 84 (i . fi 6U ' " Toronto, Canada ..74 . 7U r, PhiladElphia .90 ~ . 60 Detroit .60 . 80 Dade County .80. . . 50 ` '- Houston .75 65 . ~ •60 ' Dallas .60 . .60 Washington 80 .60 Cleveland . 55 .60 Tnd-ianapolis . fi0 ° .80 San Francisco . ~r ~ . 70 Piilwaukee 70 .50 San Diego . 65 .5U .San Antonio . •50 .7U - .r Boston S Memphis 85 ~ ' St. Louis . 60 ~.60 ~ Phoenix . GO . .60 Citl.umhu,y ~ . .60 .6U Jacksonvil-lam 60 Pi.ttsburge . 85 ~ . ,6U . Denver .7U 65 .50 Kansas City . • 60 .6U At !. tint u 75 .70 ~ Buffalo . 60 .60 ~, .' Ii'airf.as County . 65 .60 ° • Cincinnati . 80 .80 `~ Nlshville . ~ - 70 .70 - San Jose : 75 .60 . Fort Worth . 00 1 .60 Portland . 80 ~ .8U ~ t . Oakland . ~ ~ - 90 ~ .80 '~ • . ~' - Lor:g Beach ~ • .80 .. .80 ~ . ~ Miami- _ ~ ` 65 •60 Tulsa • 85 ~' . ~. 70 ` ,. St. Paul :, • " , .. , s., Y,, .; ~.~ . ~, - F ,.: ~ "~ , "° y ;: ! ,,. , i ~ t r ~ ~ ,: t r. _ ... y~ i ,~ ~~. `~~ , Y, S ~. ' r ~ gig: ..= ~ ~ }~.;~ J « . .' . ~ ~ . . ~ , , . .: ~ .......r .:... ~ e.. ~.....r- -evwr~r+'as .. .. - J CITY OF RICHFIELD, MINNESOTA Office of City Manager Council Letter No.154 Agenda May 5, 1976 The Honorable Mayor and 1Vlernbers of the City. Council City of Richfield r 1 Gentlemen: Subject: Discussion of Facilities for Richfield. Boxing- Club At the April 12, 1976 city: council meeting Mr. Arthur Holstein appeared. and asked for assistance from the city council in finding :new facilities for the Richfield Boxing Club. Facilities are currently located in t?.~e Wool Lake School. which. is scheduled to be closed at the end of this year and the` building demolished at an early date. The city. council appointed a committee consisting of Mayor Law and Councilman Luett~nger to assist in the search for new facilities. The members of the committee agreed that the item should be considered again at the May 10 city council meeting. Fire Chief Dick. Simpson has been providing some assistance by contacting a number of possible locations to determine availability of boxing club facil- ities. Unfortunately, neither Chief Simpson nor members of the committee have yet been able to locate any facilities and it is therefore suggested that this matter be continued for future consideration. Respectfully submitted, !~. ~ ...,~ . . ~~ ~/~t..~~ ". ~` dam, Jj1~' ~~ ' """ j' r 1, / .Wayne S. Burggraaff '~~` L~ i City ~ Manager WSB/eja cc: Fire Chief Park & Re crew tion Director Public Safety Director r,::.~ ::..~, CITY OF .RICHFIELD,. MINNESOTA Office of City Manager Council Letter No . 15 3 Agenda May 10, 1.976 The Honorable Mayor. and Members -of the City Council ' City of Richfield Gentlemen: Subject; iKorner Plaza Request for Time Extension of :Fire 'Prevention Sprinkler System On June 23, 1975, the Board of Building, Health and Fire Appeals ordered Korner Plaza,:Inc, to either discontinue storage of combustibles .at 410 West 65th Street or to install-afire prevention sprinkler system at tha facility. In a subsequent appeal before the board, Korner Plaza was granted an extension on -the compliance date until IvIay 1 , 1976. The city has now received a letter (copy attached) from M. Sutton, Vice President of Korner Plaza, requesting an extension of approximately four months, from the effective compliance date of May 1, 1976 to September, 1976. The extension is_being requested to allow time for construction of a new storage facility and ransferof the merchandise presently stored at 410 West 65th Street to the new facility. The death of Mr. Langer, the President of Korner Plaza, delayed implementa- tion of the plans forthe new storage facility. It is requested that the Board of Building, Health and Fire Appeals consider the request submitted by Mr. Sutton at the May 10,.1976', city council meeting. Attached to this letter is a resolution .which would extend ~ he date for compliance with the sprinkling order tto September 1, 1976. This resolution also provides that any such extension of the compliance date be effective only .upon execution of the attached agreement between the city and Korner Plaza. If this agreement is now executed on or before May 17, 1976, ..the May 1, 1976 date for compliance with the sprinkler system order should remain .effective It is the recommendation of the public safety director and the city attorney, in which I concur, that the Board of Building, Health and Fire Appeals extend the I I: i s Council- Letter No. '1S3 -2- May 10, 1976 compliance date from May 1, 1976 to September 1, 1976 on condition that the agreement between 'the city and Korner Plaza be executed by May 17, 1976. Respectfully submitted, ~ ; ~ ~ ~ ~ y ~ ~ ~., Wayne S. Burggraaff L li City Manager WSB/bll cc: City Attornery Public Safety Director .I •', `.. tl - 66TH & NICOLLET AVE: S. ~ • MINN~APOUS; MINN. 55423 • ~ .. C612) 8b6-5071 April 23, 197b Mayor'and City Council' Richfeld,.Minnesota Gentlemen: t' As of May 1, 197b the City. Council extension on the order to Korner Plaza; Inc. to sprinkle the warehouse ' located at b459 Lyndale Avenue South, Richfield, Minnesota expires. - '~ It is the intention of Korner P1a.za, Inc. to build a warehouse at the rear of it's store located at b8 W. 6bth. St.~ Richfield, Minnesota in the immediate future, per copy --. • of the memorandum, attached, between'United Piational Cor- poration, the landlord at the Hub Shoppir_g Center, and Korner - Plaza, Inc. Approval for this proposed warehouse had previously. been received in 1975 from the Planning and Zoning Gom- mission of Richfield,. P~linnesata. • The Richfield Fire Chief, Richard Simpson, has been -.. contacted and informed of these plans on April 23,'1976, and raises no objection. It is respectfully requested of the mayor and city council of Richfield, that a further extension be granted to $orner Plaza, Inc. on the use of the old warehouse at 6459 Lyndale Avenue 8auth until the. new warehouse can be occupied by September 197b. . Sincerly yours, :. KORNER PLAZA, INC. • ~~~ - M. Sutton - - MS/h Vice President Enc. ~~~ ~ `'. - V ~, " - ,A~R ~~~ 197 -. ~lanag~r field Cfiy . ...Rich ~. L : ~ ~~ 1 RESOLUTION NO, REGARDING TIME EXTENSION OF FIRE PREVENTION SPRINKLER SYSTEM ORDER FOR KORNER PLAZA, INC.. WHEREAS, Korner Plaza, Inc. , was required by the Board of Building, Health and Fire Appeals to comply with an order to install a fire prevention sprinkler system at 410 West 65th Street by May 1 , 1976; and WHEREAS, Korner Plaza, Inc, , has requested an extension of this 3d compliance order from May 1, 1976 to September, 1976; NOW, THEREFORE, BE IT RESOLVED by the Board of Building, Health and Fire Appeals that Korner Plaza be granted an extension on this compliance order to September 1, 1976 subject to the following stipulations: 1. That Korner Plaza, Inc. , and the City of Richfield execute the attached agreement providing for completion of a new storage facility by Korner Plaza, Inc. , and removal of all combustible materials from $a the storage facility at 410 West 65th Street before September', 1976; 2 , That said agreement between Korner Plaza, Inc, , and the City of Richfield be executed on or before Nay 17, 1976. Passed by the City Council of the City of Richfield this 10th day of May, 1976, Loren L. Law, Mayor ATTEST: Thomas j, Moran, City Clerk AGREEMENT THIS AGREEMENT made this.. day of May, 1976 by and between KORNER PLAZA, INC. ("Plaza"), a Minnesota corporation, and CITY OF RICHFIELD ("city"), a Minnesota municipal .corporation, WITNES5ETH: .WHEREAS, .Plaza has, by leasehold, occupied the subgrade basement area at 410 TvJest 65th Street in the .city of Richfield since approximately 1963, and has stored thereat merchandise to be sold at retail at the Korner Plaza store located in the Hub; Shopping Center, and: .WHEREAS, because of the combustible nature of the . ~ items so stored the city council of the city of Richfield on June 23, 1975 directed and ordered Plaza to discontinue the subgrade.storage of combustibles at 410 West 65th Street and allowed Plaza until May 1, 1976 to comply with said order, and . WHEREAS, since the date of such order Plaza has taken ,steps to construct a new storage facility at the rear of its retail store in the Hub Shopping Center, which facility will allow for discontinuance of storage activities at 410 West 65th Street, and . w-~ _ WHEREAS, Plaza and the city are desirous to extend. e the time .for compliance with the June 23, 1975 council order for a reasonable time to allow for the construction.. of the new. storage facility and the transfer of all .combustible storage from 4T0 West .65th Street to the new ...facility . NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Ln consideration of the promises hereafter made • by Plaza,-the city hereby extends the date .for com- pliance with the June 23, 1975 council order from May 1, 1976 to September3~, 1976. ~ ~. 2. In consideration for .such extension, Plaza shall. • cease and discontinue the storage of all combustible material at its facility located at 410 West 65th Street ©. not later than Sep tember~~, 1976. i CITY OF RICHFIELD KORNER PLAZA, INC. By By Its Manager Its.. By I is - Subject: Approval of Specifications-and Authorization to Advertise for Bids. for Tennis Court Resurfacing At the March 1`8, 1976 capital improvement hearing, the city council adopted the '1976/81 Capital.Improvement Program. Included in this program is the re- surfacing of six tennis courts at three ,locations during 1976. In March 1976;, city staff and. the park ,and recreation advisory commission discussed possible locations of the tennis courts to be resurfaced. At that '• time., it was .suggested that Memorial Park courts should be re urfaced, as ~ originally stated in the capital improvements program. The other two sites tentatively scheduled for resurfacing were Fairwood Park and Christian Park. The commission .recommended that either Fairwood or Christian be' resurfaced, and that whichever park-was scheduled for major park development in 1978 be replaced on the resurfacingprogram with Sheridan Park. Thus, courts to be resurfaced would be MemorialPark,' Sheridan Park and either Fairwood or Christian Park. However., at the capital improvement hearing the city council voted. not to take final action sicheduling the major park development priorities for 1978 and ~ 1979, but .left thescheduling of these projects open for future discussion. Be- cause there remains a question as to which park; i.e., Fairwood/1VIonroe or Christian, will beredeveloped in 1978,.staff is recommending a revised program: of tennis court resurfacing. Itrs the reco' mendation of the park and recreation department that the tennis courts loca~ed at Memorial Park, Sheridan Parkand Jefferson-Park be resurfaced- in the, summer of 1976. Specifications have been prepared for the resurfacing, and the city council. has previously approved the transfer of funds for he resurfacing project. It is the recommendation of the park and recreation director, in which I concur, that the specifications be approved and that the city council approve the attached I i ~: i . ~. RESOLUTION N0. • RESOLUTION ORDERING PROJECT, APPROVING PLAPJS AND SPECIFICATIONS AND AUTHORIZING CALL FOR BIDS FOR TENNIS COURT RESURFACING CITY PROJECT PJO. 691 Clerk's File No. WHEREAS, THE CITY council approved the 1976-1981 Capital Improvement Program on March 18, 1976, and WHEREAS, the city council has approved a transitory ordinance appropriating $18,000 for this project from the Special Revenue Fund, and WHEREAS, the staff has recommended tennis court resurfacing in 1976 at Memorial Park, Christian Park and Jefferson Park, and WHEREAS, the city staff has prepared plans and specifications for such tennis court resurfacing, NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Richfield, Minnesota, as follows: • 1. That City Project No. 691 calling for the resurfacing of tennis courts at Memorial Park, Sheridan Park and Jefferson Park is hereby ordered. 2. That final plans and specifications are hereby approved, Clerk's File No. 3. That the city staff is hereby authorized and directed to call for bids on said improvement as required by law. Passed by the city council of the City of Richfield this 10th day of May, 1976. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk CITY OF RICHFIELD, MINNESOTA ~~`~ - .Council. Letter No, 150 :.~----- • ~ Agenda May 10,-1976 The' Honorable Mayor and, ,, ~ ~ .. ~: ': Members of the City Council `. City of` Richfield ~: Gentlemen; \` Subject: Swimming .Pool Fees and Charges ; At-the April 1;2, 1976 city council-meeting, the city. manager presented a proposed usage tee system for use of the city pool and the West: Junior High Pool throughout the year, The sy tern was developed in such a way so as to M ' f ~ oreate no additional need for subsidy beyond that anticipated in the 1`976 operating budget.! It also-provided for good control of :pool users;. met the unique aperational needs of the two separate. pools grid made it possible .for each user to pay only when'the pool was used. The proposed user fee system had been . developed by the !park and recreation department and unanimously endorsed by the.. park and recreation advisory commission. The city council adopted the .proposal at the April 12 meeting and it was included in the summer recreation brochure which was subsequently distributed to Richfield .residents, .. At the April 26, .19.76 city council meeting approximately 7~5 residents, rnosLly from the east side of the city, attended .the council meeting and requested that the city council give reconsideration to the swimming pool usage fee, The city council considered the matter and requested that the' city staff develop additional alternative methods for swimming pool user fees which could be considered at the May 10, 1976 city council meeting, The council specifically requested thai: ca'nsideratian be given to developing a family membership ticket at least for the city pool. Three alternatives for scheduling the summer open swimming program together with accompaning user tee systems have been develaped and are outlined in this council letter, It .isestimated that the outdoor municipal pool will experience a deficit of $14, 332 during 197.6 based on 1975 user fees for family and single season passes and on the most regent estimates for 1976 expenditures. This would be ti:e anticipated loss if attendance and purchase of passes at the outdoor pool remains the same.. 'Phis does not tale into account any decrease in outdoor pool usage and corresponding decrease in the outdoor pool. revenues which-could result from the opening of the two indoor school pools. It is estimated that the decrease in the outdoor poo.t use could be significant when the West junior High Indoor Pool is opened . . ~ .~ • .. ~Cauncl Letter Na 15.0 -2- Niay 10, 1976 ,__ At the January 26, 197.6 city"council meeting, fhe council adopted a policy .statement indicative ;that user fees for the city' S programs at the school pools - wauTd be established at a evel to cover all expenses to the city fir using these pools (Attachment A). The estimated. pool :rental which the city would . `: ..have to pay to the school district for three months of open'swimming under this plan is $5 , 952. Fees for the instructional programs to be offered at either he outdoor or indoor pool have keen established an this basis so that the average citizen does not have to subsidize; lessons for an individual person. ` SUMMARY OF ALTERNATIVES' All alternatives relate only to summer pool time in an effort to simplify the .problem and make:: it possible to make_ a decision. of fee systems in a very short period of time . Plan I Eight (8) ~ hours open swim daily outdoor Major$ty of instruction outdoor Variety of indoor open swim.at West Variety of ndoor'instruction of West. Plan; I would, provide for eight hours open sv~im daily at the outdoor pool-and a varetyof open swim time daily at the West junior High Pool (see Attachment B) . The majority of-the swimming instruction classes would be scheduled for the outdoor pool although some instructional hours .would also be scheduled .for the West Pool, Instructions and,-.open swim sponsored by the park and recreation department would. not be available during. the. summer months at the East Pool. ' Thin plan assumes 19.76 outdoor pool use equivalent to the 1975 outdoor pool 'use.' All prices for family and.. individual season passes would remain the same: Family Season -'';$19.50, Individual Season = $.1.2.50.. The family and individual season passes would be used only at the outdoor pool, and both season passes would. provide ulimited admission. This plan would provide that swimming at the West Pool be on a ticket system only, Discount ticket books as originally proposed would be available,.with one ticket needed fo i each admission. This would be a general admission ticket and would cover igeneral open swim, family open swim,. adult open .swim, .teen... open-swim, and some special events . Each ticket would ~be good for one 55- minute hour of open swimming, This ticket or a 50~ general admission charge is designed'to meet-.the objective. of recovering the cost of city expenses for use... ~: 'Council Letter No, 150 . -3-~ ~ May 10', 1976 of the School district pools from program revenues.. It ,also will:help. the greatest number`ofpeople u.se the pooi since the use of.West junior High Indoor Pool is re trictad to 120 persons at one time 'compared :to almost unlimited use at the outdoor pool:: The.. 1976 city operating. budget provides an appropriation of $59, 350 for operating maintenance and upkeep of the city .outdoor pool. User fee revenues in the amount of $45, 019 are assumed' for the outdoor pool under. flan I. The anticipated 1976 operating deficit ,for theoutdocr pool is $14,332:: The 197fi budget provides for a general fund subsidy of $14,3.79 for the city pool operation. ' ' - `, Again, -use of the ticket system for the indoor pool is designed to maintain those programs without any cost to the city, Analysis As noted, Plan I assumes no change in .outdoor pooi attendance and season pass sales, It is estimated that 1,-025_ family passes and 4:30 individual . season passes. Thus .plan has the advantage of .controlling .the cost of the indoor pools. through • scheduling so that no deficit is anticipated in t,ie indoor pool operation, However, if'the season pass prices are not increased for the outdoor pool, and if sale of outdoor pool passes are, decreased as a result of the indoor pool opening, the deficit could rise substantially above $14-;.332 , This plan. alto has the flexibility~to provide additional hours at the West . Indoor Pool if demand supports the- additional time. Plan. II Eight (8) hours o en swim daily outdoor Eight (8) hours o~en swim. daily. at :West ~ (`~~"~~ One-half instruction outdoor Gne-half instruction at West Plan II would provide for eight hours open swim daily fat both. the outdoor pool and the West junlaor High Pool. The instructional programs would: be evenly located between the outdoor pool and.Vdest )"unior High, The plan assumes total 19.76 pool use equivalent to the total 1.975 outdoor pool use, with two-thirds cf the attendance at the outdoor pool. Prices for family and individual passe would be: Family Season = $25.00, Individual Season = $18.00. These season passes could be used interchangeably between the two pools, -for any or all of theeight-hour open swim periods, ~~ ._ :} ~ - Council Letter Ne,. ISD -4-. May 10, 1976 ; 4 Analysis If the. outdoor pool use is.decreased by one-third, the revenues will-also ~~ decreased appreciably.- If revenues were to meet expenses at the outdoor pool, it would be necessary to charge ,$49 , SO for a family season pass and $27,50 for an individual season pass:., If the pass fee are set at $25,00-and $18,00, as this alternative suggests, and pool attendance decreased by one-third, the outdoor pool deficit. would be approximately $19, 000. ~ This plan would increase the operating deficit for the outdoor pool substantially over P an I. It would also''provide sgnifcantproblems in use of the. school pool.;... A, It would be impossible to insure thaw revenues would meet expenses, the 'city's cost for the summer-program° at West fool, if eight-hours of open swim were scheduled daily:, would equal $20, 832 - $26, 880; If one-third of the ticket sales were assumed ;to use the West Pool exc usively, revenues would equalonly $13,•037, atthe proposed prices. This -means that potential-deficit of $£3,000 - $14,.000 could be experienced at the West Pool, This-would: be i:n direct conflict .with the previously adopted policy for city's. use of the ~choal pools . B, It would be difficult to insure adequate use of,the pool., Pool capacity is limited to 120 people . If' this capacity is reached and they open swim- period is unlimited; many persons holding season tickets and planniizg to use the West swimming facility- could. be unable to qet in, ~ . C, It wauld be impossible to separate income of the two pools.. A possible total deficit of $27, 000 - $33, 000 could occur between the indoor and the outdoor pool, The ultimate effect .would be that .. thee.. city would have to substantially increase the overall pool sul?sid,~ as a result of the indoor pool operations,. If this alternative is selected, it .would be necessary for the city council to transfer $19, 000 (a $I4, 332 subsidy is already provided for in the budget) from the contingency fund to a special swimming pool subsidy fund to- insure funds to cover this potential operating deficit would be available, It must be emphasized Itliat this could only be expected ~to cover a three month summer operation and. does- riot- take into account any subsidies .that. might be required during. the b~lance of the year for open swimming activities,; j, • ~ _.~:: ~~ Y. . Councia Letter No. 150 -5- May- 10, 1976 Plan III. Plan III would provide that the city offer no=programs through the school districts pools . The outdoor. pool schedule would remain essentially the same as in past years, including the eight hours of open swim daily, The `season passes for families and individuals-would be retained with 'unlimited use at the outdoor pool. The family season pass price would be $19.50, the individual pass would cost' $12.5!0, the pool essentially self-sustaining if the attendance is assumed to be equivalent to the 1975 outdoor pool attendance.. Any .open svaimmi.ng at school pools would be provided by the school district. . Analysis . This plan would permit the city to operate the outdoor pool as it has done in ;the :past. ;Since' the- schaol district. is already planning to supervise and staff the West junior High Indoor Pool for the summer season, it would be relatively easy for the district to'operate a separate complimentary swim program . Summary . All three alterna i~~es outlined here present the city with a potential operating deficit for the outdoor swimming pool operation. Although it is impossible to anticipate. specific costs. or revenue-figures for the outdoor pool because the ire- fluence of the indoor pools on outdoor pool attendance has not yet been experienced , it must be assumed that outdoor pool use will .decrease somewhat. ~~ The use of a' season pass for families or individuals at tree indoor pool means that it will not be possible to insure that the indoor pool revenues will be sufficient to cover the cost; of the city operating-those pools. As observed., the 1976 buuget .was prepared on the basis that: any city programs using the school pools would pay their own wavy. Any of these alternatives, if no rate adjustment is made, `could necessitate reducing other city services to provide for he amount,by which expenditu es are expected to exceed revenues. Again, it is important to remember that it is impossible. at this time to measure a specific deficit . because of the unknown influence which the indoor pools might have on the outdoor pool use1. It is also important to retain flexibility in use of the West Pool until use and attendance patterns are established somewhat. (Such flexibility is included in the s,~chedule for West outlined ir, Plan I.) It is also important to remember that the alternatives outlined here are just for the' three month summer schedule. ~ ~ l i i . ,I y ~~ i. .. ' • Couneil Letter No. 150 - -6- May 10, 1976 It is recommended that the council adopt a flan for open swim. charges fore the 1976 pool operations, it 'is also recommended thatahe counczl authorize a transfer of funds ifrorn the contingency account to provide:any expected subsidy over the $14, 000,already; budgeted:.; _ - ;., Respectfully sub ed, ~• ~ ~. Wayne ~5. Burggraaff City Manager WSB/bll cc; 'Park and Recreation Director ~` Finance Director -; ,~ - "`~ _ n ='~ CITY OF RICHFIELD POLICY REGARDING • • fiHE US£ OF INDEPENDENT SCHOOL DISTRICT • ~ ~ NO, 2~3Q SWIMMING 1?OOL FACILITIES. General Concepts • 1, The-City Council is committed to support the-concept of maximum spool usage for both educational and community purposes . 2. It is an understanding. of the. City Council that the out-of-pocket operating expense will be born by the governing unit or organization using the facilities on an hourly basis. `3. The City of Richfield will have first. priority for use after the school use has-been accommodated . • Expenses Related to Renting Pool Facilities 1. It is the policy of the City that citizen charges and usage fees .for municipal use of the district pool facilities will be established at a level which will • make ifi possible for the revenue generated by these fees and charges to cover all expenses which the City must pay to the .school district for use of pool facilities . • •• •Qperation and Management 1. The school will assume full responsibility for the operation and management.. of the pools. 2. Usage of the pools will be governed as any other school facility. Scheduling 1. During the regular school day both the East and West pools will be used in thejunior High School Physical Education Program. The school will use its own physical education instructors. ~ 2. Senior High boys and girls swim teams -ballet,-etc. will be scheduled into • the pools . ~ • 3. The school will work closely with the Richfield Swim Club both as to time schedule and cost. 4. After seven o'clock on school days, except for scheduled swim meets, and at all other times the' pools will be available for public usage with first . .. priority going to the City. 1.~, ~ j,i ~2Y ' ` ~. ~ The school will be responsible for all personnel connected with the pools guards, attendants, etc. The hourly pay for personnel except custodians and maintenance will be coordinated with that paid by the City. S. The school will attempt 'to supplement the program offered by the City rather than duplicating their offerings by stressing instructional programs. 7. Request for pool. time will be made on the form currently. in use entitled Community Use of Schools; Policy adopted by the Richfield City Council January 26, 1976. - b ATTACHMENT B . West Total Open .Swim Hours Open Sunday ~^ i Monday 4 2 - 4 p.m. Tuesday. 4 2 - 4 p.m. "'j _C~ Wednesday 2 2 - 4 p.m. Thursday 4 2 - 4 p.m. ~8~'p . m . --~ ,~ Friday ~' ~~ +~ • ~ . ~ Saturday . Z6 1 ..,..,..Y=_. '~;."" CITY OF RICHFIELD, MINNESOTA Office of City. Manager Council` Letter No. 149 Agenda May 1-0, 1976 .The Honorable Mayor and Members of the City Council 'City of Richfield Gentlemen:. Subject': Request by Knufson Corporation for an Apartment Use Permit, Zoning Variances and Off-Street. Parking ..Contract The Knutson Corporation, 17 Washington Avenue North, is requesting. the issuance of an apartment use permit. Apartment use permits are required pursuant to Section 3..37, subdivision 2 (part 1) and is subject to the conditions governing issuance of a special use' permit (per Section 3.41, subdivision 5 of the zoning ordinance). ,The applicant is also requesting the granting of the following vari- ances: 1. Side yard variance 2. Height variance 3. Density variance .The following items. ,:are attached to this letter and will be referred to throughout this report: j 1. Exhibit A shows the current land use in the area of the site , 2. Exhibit B shows existing zoning the area 3. Exhibit C is a copy of the zoning ordinance .conditions governing issuance of an apartment use permit . ~ 4. Exhibit D is a proposed site plan ~ SS. Exhibit E is a sunlight obstruction diagram ` j6. Exhibit F is a view obstruction diagram i 7. Exhibit G is review of alternative sites Applicant's Proposal The Knutson Corporation is proposing to build a 150 unit apartment building ~` for the elderly and handicapped. The. project is proposed. to be subsidized under the federal "New Construction .Housing .Assistance Program. " The residence is proposed'to be located on 2.61- acres adjacent to the I-494 north frontage road at"Chicago Avenue, south of the House of Prayer Church. 4 i Council Letter No. 149 -2- May 10, 1976 The even story building will cover-seventeen perc?nt of the site. Parking areas and driveway will cover eighteen percent of he site. The remaining land area. (65%) will,be an outdoor leisure. area: and landscaping;. The ratio. of floor area to lot area is 1.03 to 1.00. The 117, 172 square feet of'floor area 'exceeds the total lot area. The building will-contain .137. one :bedroom' housing units of 540 square feet each, seven one: bedroom handicapped housing units at 608 square feet each and six two bedroom units at 740 square feet each.. Laundry room facilities will '~e provided, and a craft room', kitchen and lounge program area will be located on the first floor. ', Sixty off-street; parking spaces are provided, Ywith an additional 20 spaces to be built if the need arises. The applicant proposes one parking space for each 2.5 housing units . With the contingency parking spaces, this ratio would be one parking space for each 1.875 housing units. Background The proposed building is located in a multiple family residential zone. The surrounding zoning and land use is as follows: Zoning/Land Use: North - Single family/church and single family South - Freeway/freeway I East - General commercial,/multi-residential West - General commercial/mufti-residential Height: Seven stories Required-3 stories Setback : ,Front Yard 125 feet :.Required, 30 feet '.78th Street .side yard 21 feet Required 30 feet E. 77th Street, side yard 22 feet .Required 30 feet Rear yard 65 feet Required 15 feet I Access: via 76th Street, 77th Street and the frontage road to Portland and 12th ..Avenues. Bus serviice is available on 76th Street. ' Sewer/Water: Adequate sewer capacity exists for the housing project. Water is available to the site . Fire Protection: Adequate fire protection is available. The public safety department has reviewed the site plan and raised no objections. Zoning Ordinance R~auirements The zoning ordinance allows apartments in the "MR" zoning district upon issuance of an apar~ment use permit.' An apartment use permit is considered ~~ a special use permit for apartment. housing units. / ~ Counci Letter No: l49 -3- `May 10, 1976 The zoning ordinance also sets limitations on the use of property for multi family housing units. For this housing project to be constructed, it will be necessary to grant the following variances to the zoning ordinance: 1. To reduce the required side yard on the 78th Street side from 30 feet to 21 feet, a reduction. of nine feet; to reduce the required side yard on the E. 77th Street side from 30 feet to 22 feet, a reduction of eight feet. 2 . To allow! an apartment structure of .seven stories instead of three stories as required per Section 3.31, subdivision 2. The total structure height will not exceed the maximum height provided for in .,,Section 3.3 9 , _3. To allow: construction of an apartment building with the total number of units ;in excess of those allowed in Section 3.37, subdivision 3 . (part 12),'. The ordinance allows 54 units, the project will contain 15O units, 96 more than the allowable number. Staff Review The planningi for an elderly handicapped housing. on this :.site has been underway t since 1..97,2.. In 1973, the site was rezoned to multi-family to accomodate a senior 1 citizen. housing project. This rezoning was affirmed by the city council in 1974 l and. 1975. Because of a moritorium on federal funding, the special use permit and variances were not applied for in 1973. When this moritorium was lifted in 1`974, 'the project was again discussed. At that time however, the Fair Market Rents (FMR) were' not adequate to make construction feasible.. The Federal Department of Housing and Urban- Development (HUD) has now raised the FMR and the project now appears feasible. ( Other considerations relating to the conditions governing issuance of a special use permit are: 1. Need and public purpose 1 2 . Traffic, :loading and parking 3. Density and the City Comprehensive Development Plan 4. Noise 5. Recreation and living spaces 6. Height and sunlight obstruction Findings There is a rLeed in Richfield for low and moderate income housing for the elderly and handicapped. The city's Housing Assistance Plan (adopted in 1975 and 1976) -identified approximate y 321 elderly .families in need of some type of '' ~ Counci'1 Letter No. 149 -4- May 10, 1976 housing assistance. The proposed project in the census tract is identified for a suitable location for. elderly housing:. in the city's adopted Housing Assistance Plan... 'The' proposed multi family project would address. different tenant needs than tree typical multi-family project, Housing of this type has both a "shelter" and "social purpose" not only providing housing to a particular-group of low and moderate income 'people, but the House of Prayer Church .has agreed to assist with social programming. The 'social programming spaces, craft room, a public kitchen and garden area will. be available. This type of housing project does not include the demand for abundant parking spaces'or common outdoor recreation space associated with many multi-family developments, although sufficient outdoor space is being provided. Studies conducted by the' American Association of Homes for the Aging and the-.National Association of Housing and Redevelopment Officials, indicate aneed.- for one parking space per two dwelling, units. The Edina Yorktown Project has. one space per four dwelling units creating a serious parking problem. As noted, the proposed parking' plan would provide one space per 2 .5 units". Thus , it is important that room be provided for the 20 additional spaces if they are needed. Traffic generated from the proposed housing project will be approximately 5.5 two-way vehicle (trips per day per housing unit, or 825 trips per day. The present traffic .volume on'76th Street is 5,298 cars daily. Because this is amulti-family area with a largechurch immediately to the north, the additiona traffic generated by • this housing project will not be detrimental to the area. A loading area will be located on the ea,sf side of the service drive at the main entrance for three cars. This is insufficient loading area for this size of a building; six to ten spaces should be provided. Because of the limited loading space, the area designated for loading should be signed for "Five Minute Parking Only" . The city's comprehensive development plan indicates a mixed high density-land use for this area:, The proposed project represents a density of 57.47 units per acre. The average Richfield apartment density is 26.52. The proximity of the .proposed project to I-494 does creste a need for special sound reduction treatment on the site. The concern for sound protection is based on several premises: Sound travels in all directions at equal intensity from its source, sound also decreases in intensity by six decibels (db)!with every doubling of distance, people hear sound at 3 db intervals, i.e., with every i3 db increase in sound intensity the noise people hear is doubled. .The sound reduction treatments outlined below are based on these considerations: 1. Positioning the building in a perpendicular exposure to the freeway, which would keep. the living area surfaces away from the freeway, but provide sunlight. 2. Using a special concave window to minimize living unit exposure to noise 3. P~oviding air conditioning units to tenants who desire them and providing landscaping and sound barriers for outside sound protection r Council Letter!No. 149 -5- May 10, 1976 Examples of everyday sound levels are: 1. Person speakin - 45 dba g 2. Average quiet home - 42 dba 3.I Office - 50.to 60 dba 4., Traffic on busy. street. - 70 to 80 dba ~ The following drawing indicates an analysis of the freeway noise impact `on the site-of the proposed housing project`,: without landscaping and sound barriers: Looking from above: noise from .passing traffic I ,; ~---- I ~: f .J 71.7 71.7 dba 71.7 .dba 71.7- 170'-~ I-494 130` APT. Freeway Pos. 1 Pos. 2 **71.7 i *~62.3 Looking West db(a)~ db(a) *68.7 *59.3 db(a)' db{a) Note: 1. Freewa~ R-O-W 100' from south property line 1" = 200' Z. Pos 1 Is 30' from sath property line 3. Pos 2 ~s 300' from south property line *eight hour averale decibel level *~actual reading i Council Letter No. 149 -6- _ 'May lU, 1976 For healthy, enjoyable 'outside activity, the noise level should not exceed 65 dba. For inside activity, such as sleeping, the noise level should not .exceed 50 dba . ~ Because of the ;design of the proposed proj~c the .inside .noise level will be approximately 4.0.7. dba, within the desirable range. However, the' outside noise. levels on the south side of the building do ,. exceed desirable levels, It is imperative not only-for the enjoyment, protection and. safety of .people -who live in the units , but also for the long-term economic. maintenance of the project, that sound reduction measures such as those des- cribed-above beiincluded in the. project. Specialized outdoor recreation space and social program- space is an important .component. of ,housing for: the elderly. Parts. of ,the outdoor space should be protected from the sun by trees. Other parts of the space should be open for gardening. The garden areas should be close to Ehe building Numerous activity areas should be provided and protected-from excess.noise. The interior design should maximize active areas and minimize perceived height dangers and "lonely areas" . A pamphlet. "Design of Housing for the Elderly: A Checklist" is 'attached to this letter which describes the features of design which are suggested. The height of the building, 60', 8~", will cause some sunlight obstruction. The shadow cast by the sun at various periods of the day and year are as follows:- (Central Standard Time) 8 AM 12 NOON 4 PM Mid'~summer 79 feet 32 feet 79 feet Falb 162 feet 60 feet 162 feet Midwinter 1392 feet 154 feet 1392 feet Spr ~ng 162 feet 60 feet 162 feet The. apartment buildings to the west are 215 feet from the housing project at the nearest point.. fihe apartment buildings to the east are 160 feet from the project at the nearest point. The single family homes to the northeast are 120 feet and the northwest are 240 feet. Sunlight will only be obstructed in the early morning and late afternoon during midwinter. The limited amount of sunlight obstruction to these areas ~hould not be considered serious. The project v~ill be financed with a 40-year Minnesota Housing Finance Agency Loan. Section 8 Housing Assistance payments with 20-year guarantees will be used to amortize the financing. Requests for Variance The requests; for variances have been reviewed in accord with the following zoning ordinance criteria: 1. That there are special circumstances or conditions affecting the particular land, building or'use referred o in the application, not common 'to other Council Letter No. 149 -7- May 10, 1976 properties in this or similar districts.: It is the o inion of the staff that there are. p special conditions affecting the use as subsidized elderly housing which are not common to other properties in this or other districts requiring the granting of all three variances. The reasons .for the special circumstances are: A. This is the only site in .Richfield which is .both large enough and - -feasible for housing of this type. Only three locations in the city .are large enough: the 78th and Chicago site, a location at I-494 and I-35W, and the Adams `site. The other two locations are not feasible 'because of limited public and private service: availability, environmental disadvantages and ecomonic .cost. B. A special;'. social circumstance exists' in the city because of the .high -need .for shelter for elderly people. C. Because the project includes indoor open space, the floor area is larger .and the ground cover is larger than would be normal. However,... the open space both outside and inside is suitable for this project. • D. Because the project is a federally subsidized housing project and because it must meet FMR's, construction costs must be regulated. ~, 2. That the granting of -the application is necessary for the preservation and enjoyment of substantial property rights. It is the opinion~of the staff that the variances are necessary for the preservation and enjoyment ofd substantial property rights.. The reasons for this conclusion are: A. The need of Richfield residents to have a place to live in is important to the pr perty rights of people living elsewhere in the city. B. This is the only area zoned MR which is suitable for amulti-family structure It is impossible to economically build a. structure on this property without variances. 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 . I It is the opinion of the staff that the granting of variances for items A, Band C will :not be detrimental or adversely affect persons and property in the neigh- borhood. As noted, elderly apartment, projects place far less demand on the ~Council'Letter No 149 -8-` May 10,,' 1976 location for tenant parking and outdoor recreation space, in relation to .the .project density, than other types of MR structures. Recommendation The staff recommends issuing the special use permit and gran Ling the variances with the followings stipulations: I 1. That adequate landscapine~ be accomplished on the site. 2. That landscaping or other means be used to reduce the noise ,levels from T 494!below 65 dba at the south building line.. 3.: That air conditioners be made available to the tenants who desire them I~ because of the close proximity of the project to I-494 and because it is a senior citizen project.: Experience indicates that only 20-30 percent of the tenants will desire air conditioners. This would create an additional cost to Knutson Corporation of $4, 000 to $6, 000. The .operating costs could be paid by the tenant. i ~ 4, That 20 additional parking parking spaces be shown on the plan (to be constructed if necessary) and that the loading area should be signed "5 Minute'. Parking Only" i '~ Planning Commission Review and Recommendation i The planning commission reviewed the applicant's proposal at its April 27, 1976 meeting. Th,e commission recommends granting the variances and issuing the special use permit. Two representatives of the Sage Company, (owners of Heritage Apartments) spoke in opposition to the applications. These representatives indicated an apprehension with the potential shadows cast on their property from the proposed building, and they view obstruction. Concern was also expressed for the number of parking spaces which would be'available at the proposed housing project. The , planning commissioners were concerned with -the parking limitations if the building were converted to a market rate rate in the future. The planning commissioners discussion centered on several considerations: 1. There would be no significant sunlight obstruction from the. seven story building. 2. With noise reduction, the excessive noise levels could be mitigated. ` Council Letter Nd. 149 -9- May 1-0, 1976 3. Concern was expressed with -the number of parking spaces avilable, especially if the structure were converted to a market rate apartment building in the future. ` _ 4. There is no'other site available in the city, 5. The.propo5al conforms to the comprehensive plan. Off-Street- Parking Contract An off-streef parking contract application on this property'is also before the council at the May 10, 1976 meeting. The applicant proposes to provide 60 off-street parking'' spaces, with an additional 20 spaces to be built if the need - arises. The applicant °proposes one parking space for each 2. 5 hou-sing units. With the contingency parking spaces this' ratio would be one parking. space for each 1,875 housing units, A sketch showing the site design and off-street parking arrangement of this project is attached hereto, Staff has reviewed the off-street parking agreement for this project and recommends council approval if the apartment use application is approved. Respectfully. submitted, + ~ 4, r ~~ WSB/eja cc: _ Planning Director Public Works ~ Director Wayne S. Burggraaff ~,~'~. ~ City Manager ~ :; r ~ `61 G ~ N.. ~ p 11 c ~ ri ~ .~ tt 6 ~ .~ (~'~ M M 9 t3 ~ ? ~ n> 9 D Q~ d ~ 9' 1 ~1 ... 16 I a 15 2 ~ ~ ~{ 14 .. t 3 L.t .~ Lt y' r3 ~. } V 4 ~ ~ O N ~.~ ~ e ~ `• t2 (~ ~ R.=1J i ~.~ a II C 1.! ~~ / E ~ ~~ ~ a 7 M ~ J U r p ,tG 0 I n ~ a 1v 2 h !~ r~_ ~ [. •~;, IZ .D o N p~ rJ N {~~ D II p 6 ~D 10 7 p ~ ~ 9 r~ fnt _r` LJ ~ D v i; ~.l1 ~~' F ~. ~'~~c~~ t p~ .~.. ~ p I~ I p ~~ . 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' - (1}..Any of •the uses or pur; oSes fnr which such permits are reduired or permit- ted by 'the provi.si.ans of this chapter. • •(2} public utility or public service uses. or public buildin; i_n any district then Found to be nECessar}' for the t~ublic health, safety, convenience or cielfare.: •(3) Commercial excavating or natural materia]_s used for building or construe- is;.r~ ct. tion purposes, in any.d .. .. k 1o classif as a conforming use any i:nsti.tutional use existing a:n any dis-- Y ( ) _ trict at~the time of the establishment of such 'district. . .' ,(5} To permit the location of any of the. following uses in a district from which.*-hey are excluded ?•y the provisions of this cede; airpcrt, library, com- munity center, church, hospital and institution of an educational, philanthrop- ic or 'charitable nature, er-r:?etery, crematory, .mausoleum or any other place for the disposal of humar. dead. ~ . ' (6) For any use. covered.~y section 3.35. - ~. Subd. 2. Limitation on Issuance. A snecial permit may not be .issued for the purpose of granting an adjustriert or appeal pursuant to sec ion 3.40 .nor for any ,• use not auth©rized for the specific district for c:~hich the permit is sought, nor -. for any use prohibited in all districts by the provisions of this part. Stibd. 3~, Auplication. Application for the issuance of a special use permit shall be made to the chief insnector.~ Any proceedings to classify certain uses as con- forming uses as provided in this section may be initiated either by such applica- tior. ar by the council. . _ . Sulid. 4. Public N.earin~. The council may hold such hearings on the proposal to .. -, issue a special use permit as it may consider necessary;-but .at least ane nub]_ic hearing shall be held by the council or by a committee or commission to be desig- Hated by the council i_n any application for a use permit for ~he establishment of ~~ zany use listed. in subdivision 1, subsections 5 and 7, of this s'~,ction. ~Subd.. S. Conditions- Governin£ Issuance.; The council shall not grant a permit-.for ,.any of the uses enumerated ,in subdivision 1 hereof unless it finds that the est- ablishment, maintenance or operation of the use for which a use permit is sou ;ht will not under tl-~e circumstances of the particular case be detrimental, (].) to the health, safety, morals, ccmfort, convenience.o.r welfare of the persons residing or working in the neight~.orhood of such use, or {2) to the public cre]_fare or injurious • to ro~erty ~or improvements in the nei~h'~orhood. ~ ~~;~~ Yt~:.•G~~ P 1 ~ . _ ~ . vw~ ~• Subd. 6. Imposition of Conditions on Issi•an e The council.~may impose conditions --~v--~v~'l and require guarantees in the granting, of us~ peYmits. Any use permitted under the terms of any special use permit shall be established and conducted in conform- _ ity to the terms of such permit and of any conditions designated in connection therewith. Subd. 7. Special Use Permit Tine himitati.ons_. A special use .permit expires one 'year after it has been issued unless the. use for. which the permit has been ~r.anteci '.~-.has commenced within such year or unless, upon written application of the ocaner of • ~~ the t~ffected land, the council shall extend the expiration date of such permit for - • an additional period., not to exceed one year. .-1 -- GMtLl~fnp /-vCNVC ~~ f ~~ ;~ ,y i t s k t 2 M1_ ~•~~ ',if, _ , ~ .:r~ ,w' ~. ; ^ _ ~ ~ .~'~ " . . SY~. ~• - . ~„ ~i ''f~ .. '<`` .;~ _ ~ !• ~. _ H _ ~ ~% _ _ ~. ~ ~ O ~ 4 a l-. 1 d• ~ ~ _ i ~ 1 _ ~ V Sv O C'~ _" _ ~ 'tn ~ ~ ~ ~ .i a ~ ~ _ '~ _ ~ _ _ b ~ ~ :'mac. ~ ~-~/Q - - __ •,~ ~ _ i f .. '.. 3 V . . • s ._ ` , ~ - - :;,.~f~: o~ ~ r ' ~ c t ,~... ~ , . r ~ 1 ' `. -t~ ~ ~. N ~ t .. ~ . Or1 y N Richiietd Seniflrs Housing ~' ~ ...... ~..... _ ~ _ h rch L therart C u s nd House cf bra er u veto er•The Kn,at_.on Companies a Y Dc f~ . .. ': . ~ ~` '/.. , ' - - - . • ~ CIUTLINE DATA •• HOUSE OF PRAYER/KNUTSON HOL~SING PROJECT. • I.w PRO___POSAL . A. Senior Citizen, 7 story i. 1.50 unit- prof ect .. ~ • 2. .Senior. citizen programs to be provided by House of Prayer B. Site 2.61 acres ].. Located., at 77th and Chicago, South of House of Prayer Church. 2. Vacant `parcel of Iand ' ~ 3. Site is best site available far this project. • C.. Economic Costs ` 1. Site Acc{uisition $17.5,000 2. Site Preparation. 75,000 Land Development Costs 50;0 City service cost:. No expected increase D. Environmental Factors . • .• 1. _ :Social costs . . a. No displacement -vacant parcel. b. No disruption of the neighborhood.. c. Adequate bus service to metropolitan area is provided. 2. Legal .. a. •Zoned multi- residential. b. Comprehensive Plan: high density mixed 3. Environment relative to project. ~ ' a. Accessability to corrunercial services. (1) 1,340 feet to grocery store. • (2)•1;790 feet to full line of services necessary for .elderly. (Drug store, shoe store, barber, 2 grocery stores, doctors office, dentist office) Note: 1320 feet i s 1/4 mile. ' 3 Freew O a brid e-must be ro Y g c ssed to reach full range of commercial services. . b. Noise from freeway and airplanes is discretionary, normall ~ . unacceptable (exceeds 65 decibels on "A" scale (dbAj- (1) measurements at 30 feet from south property line is 68 .7 dbA (2) -Noise problems can be overcome with (a) landcaping ~' '(b) Architectural treatment ~ ~ . ~ c Source reduc io . t) t n Note. Source reduction by 1982 - the airplane noise will not exceed 10 dbA. I r I/~ '2-. 1 Local Support/History 1. Both the City Council and fIItA support the housing project. ~. Resolutions of support from local groups include Human Rights Commission, League of Women Voters, Senior Citizen Commission, Housing Committee, Chamber of Commerce, AARP, City Council and HRA. b. The project is in conformance with Metropolitan Council's ` approved city adopted plans. . (1) Comprehensive Plan: Metropolitan Council approved 1971. (2} Housing Assistance-Plan: Metropolitan Coi.mcil -approved 1975. II. COMPARISON-ALTER~IATTVE SITES There are three vacant parcels of landin Richfield which could be considered for this housing project. These parcels are: 3.. House- of Prayer .site 2. I494-I35 intersection land _ 3. 64th ~' Aldrich land (not completely . vacant) ,• The best site is the ro osed House of Pra er site. The I494-I35 intersection site is unaccepta e ecause of lac o services, noise and cost ($6.00 a square foot}. The only other alternative site is the .64th and Aldrich site. A. Evaluation of 64th and Aldrich site for a housing project. 1. Site size: 2.25 acres. a. Located one block west of Lyndale. . b. Parcel is partially vacant but does contain 4 businesses and 2 single family residential buildings. _ 2. Economic costs Site acquisition $350,000 Site preparation 170,000 a. Total land • development costs $550,000 b. Building costs - same ' c. City services costs: would be substantially more to provide ' senior citizen programming, fire protection and police protection. • 3.~ Environmental Factors a.• Social costs: • (1) Displacement of 2 single family residents. • (2) Displacement of 4 small businesses. (3} ..Disruption of neighborhood - creation of incompatible land uses. b. Legal (1) Site is zoned single family residential and abuts a single ,capacity residential district. (2) Commercial Improvement Program plan indicates Iow density ~. residential uses. (3) City is under court order to hold a referendum before the rezoning of the property can take place c. Environment relative to the site.. . (1) Accessability to commercial services. . ~~ ~ - •. - , ., (a) 20Q0 feet to grocery store,.drug store. (b)" 2600 feet to full line of services needed by elderly. Note; 1320 feet is 1/4 mile, (c) Lyndale-Avenue must be crossed to reach full line of ser~~ice. Average daily traffic on Lyndale is 14,700 cars and is expected to increase to 16,600 cars by 1980. There is ro pedestrian access presently along lyndale Avenue. ; (2) Naise from Lyndale Avenue.- airplanes is-not significant 4.. Local Support%History a. City Council has withdrawn the. zoning on this parcel and has . amended the plan from high density to low density. b. In 1972 the Council did approve,-after a controversy, a 13 story -high rise on the site. This approval is withdrawn. c. 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'-t M fn p. oo{'. rs O ^ o .~ a~ .-i •~ o cu •o at v ~ q o v N ~ o a. o v G --~ H o o cn ,-+ a~ .o .~.~ ai •r+ ~ m a G - l.+ ~., ro D a~ ~+ a~ ro •.i_ •n •~ oo . ro a~ ~ •b +, b +~ ,G .--i :u •~ ~..~ ro pro Gu~+m~a~,.~ooroa~~ a~a~b~ roue, ,a onG,-~a~ oo~~G,~~,+~ o r-t w. a~ •~ m .c o~ ro .:[ .o 00 ,c ro o .~ ~, G G ro o a~ G a~ m .~ w •~-c o 0 o u ro •,~ u a. o u a~ cn as cn o ~~ as ~ ro +~ v s.+ ~.- a~ ca ~ •,~ .G row ~ g •,~ ~+ ~ ,.~ o ~+ ~ u u ro a ro • • .. rn ri ao -. ~ ~ . a.\ ~ ,. _ ~° , ~ '~ v . r ` JOINT AND COOPE RATIV E AGREEMENT . `"HENNEPIN EMERGENCY COMMUNICATION ORGANIZATION" -The parties to thin.'agreement are governmental units ~f the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes X471.59. WITNESSETH: -MWHEREAS, the concept of a nationwide emergency telephone 'number`was,first realized in Great Britain more than thirty years ago *aith that country's establishment of "999" on a. national scale; and .. ~-~~ WHEREAS, the President's Commission on Law Enforcement and Administration of Justice has recommended that a "single number should be established for reporting emergencies"; and WHEREAS, Nine-One-One 911 is th ( ) e three-di it tele hone g P number that :has been designated for public use throughout the IInited States for reporting an emergency and requesting emer- gency assistance; and WHEREAS, the effective utilization of the-public safety radio frequency resource in Hennepin. County requires a plan for the. reallocation and greater sharing of the frequency channels available and prompt .implementation thereof; and _~~ 1 F' ~ _,; HECO AGREEMENT -2 WHEREAS, it .seems feasible to have the several existing dispatch facilities consolidated into a lesser number, with one centralized facility possibly providing enhancedpublic safety servicesand the best opportunity for application of current and future technological developments; and WHEREAS, police powers are granted to cities and counties in the State of Minnesota by either statute or charter; and WHEREAS, command and control of public safety and emer- . gency service agencies should remain with the chief or director of said agency; and WHEREAS, public safety radio broadcasting stations owned. and maintained by any county are required to be operated under direction of the sheriff, who is the chief law enforcement.. officer of the county; and WHEREAS, licenses for ,public safety radio frequencies are held by communities that have expressed interest in partici- pation in'a joint powers communications organization; and WHEREAS, Minnesota statutes provide'a means for govern- mental units to exercise jointly those activities which they independently are authorized to engage in; and WHEREAS, the participant communities in a county=wide system desire to be represented on a user board for that i ~ ~> system; and WHEREAS, the sheriff has determined that the user board shall be more than advisory; . HECO AGREEMENT -3 NOW, THEREFORE, IT IS AGREED by and among the Caunty of Hennepin, the Hennepin County Sheriff, and the coIIUnunities who are signatory to this agreement, in cons"ideration of their mutual covenants and agreements as hereinafter set °forth, to hereby commit themselves to joint participation in the development of a county-wide integrated emergency com- munications network that. provide s. the maximum possible'Iocal command,. control and ownership consistent with exstingleg- slation; and IT IS .FURTHER. AGREED by_ the parties that....this agreement is intended to be in conformance with Minnesota Statutes Section 373.04.1 and in the event that any court of competent jurisdic ion shall rule contrary to this intent, then 'the entire agreement shall become null and void. "I. GENERAL PURPOSE The general purpose of this agreement is to provide. for' an organisation through which the. parties may jointly and. cooperatively participate in the development,.implementation, operation and maintenance of an integrated county-wide public. safety communications system. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this article shall have the meanings given them: _ ~ 1 1 `~. HECO AGREEMENT -4 Section 1. "Hennepin Emergency Com~unication Organization" means the organization created pursuant to this agreement which is-herein referred to as "HECO". Section 2. "Board" means the Board of Directors of HECO, consisting of one director from each governmental unit which is a member of HECO. Section 3. "Member" means any governmental unit which has entered into this agreement and is, at the time involved, a party in good_standingr Section 4. "Council" means the governing body of the member governmental unit. Section 5. "Governmental unit" means any city, town or county> For purposes of this agreement, the Hennepin . ~ . County sheriff shall be considered a separate governmental . unit with the right to participate. as a member. The partici- pation of the sheriff shall not exclude participation by v_. Hennepin County as a governmental unit in addition to membership of the sheriff.. • Section 6. "Weighted vote" wherever used or provided for in this agreement shall be computed as follows: A) Each director who represents a city or a group of cities shall be eligible to cast the number of votes resulting, from the following computation: 1) ..The population of his municipality or the total of the municipalities he represents divided by 2,000 ~ ~ .. ~~ •,. k HECO AGREEMENT -5~ .plus the assessed valuation of his municipality or the .municipalities he represents divided by $10,000,000 with the total resulting sum rounded to the nearest whole number. B) The sheriff or his representative and the Hennepin County representative shall-each be eligible to cast the number of votes equivalent to i2 1/2 per cent of the total municipal votes computed-for all member municipalities in accordance with subparagraph A) above.. Section 7. "Population" means .the most recent estimated • population as determined, and published by the Metropolitan Council. Section 8. "Assessed valuation "means- the .most recent assessed valuation of any municipal member as derived from the estimated market value and certified by the State Board of Equalization, but prior to the computation of fiscal disparities and~tax increment financing adjustments. III. MEMBERSHIP Section 1. Any governmental unit or combination of govern- . mental units which has authority to render ,police, fire or medical public safety services and which employs not less than the minimum full-time sworn law enforcement personnel to satisfy LEAA Standard 5.2 (ten full-time personnel) is eligible to be a member of HECt). If membership is derived from a join powers agreement combination of municipal units, that unit shall HECO AGREEMENT -6 be eligible for one director whose selection shall be determined by the municipalities contracting with each other. . Section 2. A governmentalunt desiring to be amember shall execute a copy of this agreement and shall gay the established membership dues and charges. Section 3. The initial members; shall be those members who-join HECO on or prior to July 1, 197'6. Section 4. Governmental units joining HECO after Ju].y 1, 1976. shall be admitted only upon the. favorable vote of two- •thirds of the members of the board. The board may impose conditions upon the admission of members other than the'" initial members. IV. BOARD OF DIRECTORS Section 1. The governing body of HECO shall be its board. Each member shall be entitled to one director, who shall have.- one: vote, except as otherwise provided in this agreement. Section 2. Each member shall also be entitled to one alter- Hate. director who shall be .entitled to attend meetings of` the board and. who may vote in the absence~of the member's director. Section 3. Directors and alternate directors shall be appointed by the council of each member. In order for HECO to be of maximum value to its members, they shall appoint, as their directors and alternates, their chief administrative officers or employees with.. general administration or public i; ~: ~~ ~, V~ ~~ $ECO AGREEMENT -7 safety management responsibilities. Directors and alternates shall serve without compensation from HECO but thi shall not prevent a member from providing comperisaton for its director or alternate director if such."compensation is authorized by such unit and by law. _ Section. 4. There. shall be no voting by proxy;, all votes must be cast in person at board meetings by the director or his alternate. • Section 5. Directors and alternate directors shall be appointed to serve until their successors are appointed and qualified. Section 6. When the council of a member appoints a director or an .alternate director, it shall give notice of • such appointment to HECO in writing. Such notice shall include the mailing address of the persons so appointed: The names and addresses shown on such notices may $e used as the official names and addresses for the purposes of giving any notices required by this agreement or by the bylaws of HECO. Section 7. Any director or alternate director shall be subject to removal by the council of .the member appointing him, at any time, with or without cause.. Section-8. A majority of the voting members shall constitute a quorum of the board. Section 9. A vacancy on the board shall. be filled by the council of the member whose position on the board is vacant. i._~ r- HECO AGREEMENT -8 1 _ - a Section 10. A director (or his alternate) shall not be ..eligible. to vote on behalf of his governmental unit during the time that such governmental unit is in default on any contri- bution to HECO or on any contract with it. During the existence of-such;-.default, the vote or votes ofsuch .governmental. unit . shall not be counted as eligible votes for the purposes of this agreement. V. MEETINGS - OFFhCERS Section 1. Any governmental unit desiring to enter into this agreement may do so by the-duly authorized execution of a copy of this agreement by its proper ,officers. Thereupor-, the clerk or other corresponding officer of the government<<1 unit shall file a duly executed copy of .the agreement, togeaher with a certified copy of the authorizing resolution or other action, with the county administrator of Hennepin~County. The resolution authorizing the execution of the agreement shall also designate the first director and alternate for the `member. The agreement shall become effective when'it has been executed . by Hennepin County, the Hennepin County sheriff, the City of . Minneapolis and seven other eligible governmental units in Hennepin County,; and when executed copies from such governmental units eligible to be members, together with certified copies of the authorizing resolutions, have been duly filed as set out herein. Within 30 days after the effective date of this agreement, the sheriff of Hennepin County shall call the first meeting of the board, which shall be held. not later than 15 days thereafter. ~~ • ~~ J HECO AGREEMEDIT : -9 Section 2. The sheriff of Hennepin County shall be the .president of the board and shall take office at'the first meeting of the board. .Section 3. The initial vice .president of the board shall be a director elected.. from among and by the directors repre-~ senting any of the following municipalities which are members: Bloomington, Brooklyn Center, Crystal, .Edina, Golden Valley, Hopkins,. New Hope, Richfield, Robbinsdale, St. Louis•Park. The vice president shall. be eleoted in accordance with this section at the first meeting of the board. Thereafter, in July of each even-numbered year, after 1976, the vice president shall be elected from among and by the board of directors. He shall hold office; until his successor is elected and qualifies. Section 4. A director shall be elected. as a secretary- treasurer from among and by the directors representing any member. He shall be elected at the first meeting of the board and a new election shall be held in July of each even-numbered year after 1976. The secretary-treasurer so elected shall .serve until his successor is elected-and qualifies. Section 5. At the organizational meeting, or as soon .thereafter as it may reasonably be done, the board shall adopt bylaws governing its procedures, including the time, place anc~ frequency of its regular meetings. Such-.bylaws may be amended from time to time, but as a minimum, they shall provide foi an annual public meeting of the board to be held-each year in July and, in addition, for regular public meetings of ;~ . _HECO AGREEMENT -10 :..the board to~ be held at least quarterly in the months. of January, .April, .July. and October. Section 6. Special meetings of the board may be called (a) by the president, (b) by the executive committee or (c) by the executive committee upon the written request of a majority `of the directors. Five days' written notice of special-meetings shall be given to the directors and alternates. Such notice shall include the agenda for the special meeting. Section 7. The specific date, time and location of regular and special meetings of the board shall .be determined by. the :executive committee. Regular and special meetings of ~. the: board shall be held i:n the :County of, Hennepin. -Section 8. Notice of regular meetings of the board shall ., be given to the directors-and alternates bg the secretary- treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall accompany the notice. Section 9. Notwithstanding anything in this agreement to the contrary, it is recognized that the staged developm~en_t of an integrated communications system is likely to involve seps.rate communications dispatching operations by some member . _ units for some period of time. It is also recognized and agreed that. member units which choose to operate independently from any centralized system.developed pursuant to this .agreement should.. not continue to have a voice in operational decisions for a central system for an indefinite period. Therefore, HECO AGREEMENT 11 ..- notwithstanding anything in this agreement to the contrary, it is agreed that as of July 1, 1978, a director who represents _-a municipality which as of that date has.-not assigned or other- - - be des' nested wise transferred to HECO (or to such agency as may ~,g by HECO) public safety radio frequencies that `it may be licensed - to operate or otherwise be entitled. to, shall not be eligible - for election to any office in the organization or to serve on. the executive committee until such frequencies are assigned ' or otherwise transferred to HECO or .such .agency.. as may be ~~ designated by HECO. If such municipality has entered-into ~ - contractual arrangements with one or more municipalities: in Hennepin County, to jointly share the use of one or more. - frequencies with a resulting frequency loading approximately --•,• i i rectors - n County, the d equal to the average within Hennep ~- representing such municipalities shall be eligible for full rights to participate as directors. Section 10. A director who is not eligible for election -~ as provided above, shall not, after-July 1,.1978, be entitled to vote on the establishment of the annual budget of HECO or on any matter pertaining to the operation or maintenance of such joint operations, facilities or programs that HECO may have instituted which do not directly serve the residents of the - municipality represented by-such director. Such director shall not be entitled to vote on the employment or dismissal of HECO employees: HECO AGREEMENT -12 , Section'll. Any dispute as to the eligibility to~serve as an officer shall be subject to binding arbitration as 'i provided in Article IX. Section 12. Any dispute as to eligibility to vote shall be determined by majority vote of the board of directors. Any director whose right: to vase is in dispute can vote on the question of his own eligibility. Section 13. It is agreed that the'~board of directors: shall have broad latitude and discretion in defining the mat- tern upon which member municipalities which: become ineligible for full participation shall, be a3lowed to vote. The board shall be guided by the intent that such municipalities should be allowed to participate in planning for and maintaining an integrated system, but limiting their participation after July 1, 1978; to exclude them from decisions~~relating generally to operational processes that_do not have .a direct fiscal or .frequency distribution impact on them. VI. P0~'VERS AND DUTIES OF THE BOARD Section 1: The powers and duties of the board shall in- elude the following: (a) Development of a plan and operating procedures for an integrated-and coordinated public safety. communications system which includes county-wide 911 service and the avail- abilty of computer aided dispatch capability for-all public safety agencies who are members. (b) Development of a mechanism for assignment of ~.. , __ ;~ HECO AGREEMENT -13 ublic safe t fr u e enciss Curren tl ice'sed p y q 1 n to the member Y ICI ~ units with such assignment to be to a system pool to be used in accordance with plans for an integrated public safety com- munications system developed by the board... .(c) Enter into contracts between•HECO-and :such other ~~ governmental agencies as appropriate to accomplish the general ~I .purposes of .the.. organization. ~, (d): Operation of a centralized communications facility consistent with plans and procedures developed pursuant to subsections (a) and (b) of thus section, and the employment of any .necessary personne l-deemed-appropriate to `accomplish the general purposes of the organization, including the plan- ning of .systems. The purposes of this section may be accom- • plshed either by direct employment of personnel necessary to manage.and operate the system or through contracts, leases or other agreements with other.operating agencies; within the dis- cretion of the board. (e) Acquisition through purchase or lease of space and equipment necessary to accomplish the general purposes of the or~ganizati.on as set forth in subsections (a) through (d) above. Section 2. The board shall have full control of the man- agement and affairs of HECO including the .power to make contra:e:ts it deems necessary to make effective any power to be exercised by HECO pursuant to this agreement; to provide for the proser.txt.iccji~ and defense or other participation in actions or proceedings at 'HECO AGREEMENT -14 -.law in-which it may have an interest; to employ such persons • as it deems necessary to accomplish its activities and functions on a full-time, part-time or consulting basis; to conduct such research-and investigation as it .deems necessary on any matter relating to or affecting the general purposes of the organization; to acquire, hold and dispose of both real and personal property as the board deems necessary; to contract for space, materials, supplies and personnel either with a member or with a number of members. . Section 3. The board of directors may establish and collect membership dues and other charges-for services to .members and to others. Section 4. The board may accept gifts, apply for and use grants or Ioans of money or other property from the United States., the State of Minnesota or any other governmental units or organizations or any other source and may enter into agree- ments required in connection therewith and may hold, use and dispose of such monies or property in accordance with the . terms of the gift, grant, loan or agreement relating thereto. Section 5. It shall cause an annu~.l independent audit of the books to be made and shall make ~n annual financial accounting and report in writing to the members. .Its books and records shall be available for and open to examination by .its members at all reasonable times. gECO AGREEMENT -15 ~• Section 6. It sYiall establish the annual budget for the organization as provided in this agreement. . Section 7. It may delegate authority to the..executive. committee of the board, between board meetings. Such .delegation of authority. shall be by resolution of the board and may be conditioned in such manner as the board may determine. Section 8. It may accumulate and. maintain reasonable working capital reserves and may invest and reinvest funds not currently needed for the purposes of the organization. Such . investment and reinvestment-shall be in accordance with and subject to the laws applicable to the investment of statutory city funds. Section 9. It shall make the services of any public '~ . safety communications system developed through the activities of the. organization available to its members, subject to reasonable charges for .development.. and operation thereof. Section 10. It may pay the reasonable and .necessary expenses. of officers, directors and alternates incurred in . connection with their .duties as such,. but this shall not include the expenses of~attending meetings of HECO within the seven- county Twin City metropolitan area. Section ll. Within the limitations of applicable retire~• ment laws and M.S. X471.59, it may provide for any of its employees to be members of the Public Employees Retirement ;i HECO AGREEMENT -16 .. i Association, the Public Employees Retirement Association Police • " and Fire Fund or any other public pension fund available to employees of one,,or more of its members'~and may make any. required employer contributions which member municipalities are authorized or required by law to make. - -. Section 12. It may purchase public liability insurance and such otrher bonds or insurance as it ,may deem necessary. ~" Section 13. It may exercise any other power necessary and incidental to the implementation of its powers and duties. . Section l4. The bylaws adopted by the board of directors ~" initially and any amendments thereto shall provide formulas - for the allocation of costs among members and criteria for "" allocating and assigning various types of costs between classes of, charges set forth in Article IX, Section 5. Adoption or . amendment of bylaws required pursuant to .this section shall be by weYghted voting if requested by any director. VIh. OFFICERS - Section 1. The officers of the board shall consist of" the president, the vice president and "the secretary-treasurer ' selected in accordance with the provisi',ons of Article V, The vice president and secretary-treasurer shall be elected " at the regular annual meeting of the-board held in even- numbered years after 1976. New officers shall. take office at the adjournment of the., annual meeting of the board at which ' they are elected. ... .~ ~L~l ~-~ HECO AGREEMENT, -17 Section 2. A vacancyshall immediately occur in the office of any officer upon his resignation, death or upon his ceasing to be an employee of his member governmental unit. Upon a vacancy occurring in any office, the executive committee-shall . fill such position from among directors eligible for the vacant position until the next meeting of the board. Section 3. The three officers shall all be members of the executive committee. Section 4. The president shall preside at all meetings • of the board and the executive committee. The nice president shall act as president in the absence of the president. Section 5. The secretary-treasurer shall be responsible. far keeping a record of all of the proceedings of the board and executive committee, for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall. be delegated to him by the board. .Any persons may be engaged to perform such services under his supervision and direction, when authorized by the board. He shall post a fidelity band or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization. VIII. EXECUTIVE COMMITTEE Section 1. The board shall have an executive committee consisting of its three officers and two other directors, • r: HECO AGREEMENT -18 provided, however, that if neither the. vice president nor the secretary-treasurer is the directorlrepresenting the C:ity of Minneapo is, then one 'of the `two other directors on the executive committee shall be the drectar~representing said.. city.. The procedure for electing directors-shall be the same as for the election of a secretary-treasurer as set :forth in Article V, Section 4 of this Agreement. Section 2. Each member of the executive committee shall ~_ have one vote. Section 3. A quorum at a meeting of the executive committee shall require the presence of ''not less than three officers and/or directors. Action other than to adjourn shall require an affirmative vote of a majority of the full executive committee. ~~. Section 4. The executive committe~'e may adopt bylaws governing its own procedures, which sha'11 be subject to this .agreement,. the bylaws of the board, and any resolutions or other directives of the board.. Section 5. The. executive committee shall meet at the call of the president or upon the call of-any two. other members of -the executive committee. The date- and place of the meeting shall be fixed by-the person or persons calling it. At least forty- -eight (48) hours advance written notice of such meeting shall be given to-all members of the executive committee by the ~. HECO AGREEMENT -19 • ~~~, •---~ person. or persons calling the meeting. Such-notice, however, I 4 ---., F _~~~ .. ':,;_ ; may be waived by any ar all members who actually attend the meeting or .who give written waiver of such notice for a specified meeting.. • Section 6. The executive committee shall have the- following duties: (a) It shall exercise the powers and perform the duties delegated to it by the board of directors, subject to such conditions and limitations as may be imposed by the board. (b) It shall cause. to be prepared a proposed annual budget each year which shall be submitted to the board of directors at least thirty~(30) days before the annual meeting. (c) It shall present a full report of its activities at each regular meeting of the board. Section 7. Subject to the provisions of the approved budget it shall have the authority to appoint, fix the conditions of employment of, and xemove any employees of the organization. Section 8. It shall have authority to fix charges for the use of the programs and facilities of HECO, both as to members and non-members consistent. with policies and guidelines established by the board. Section 9. All actions taken by the executive committee shall be subject to control by the board of directors as the baard shall deem advisable. ^ 6 HECO AGREEMENT -20 Section 1. -year. IX. FINANCIAL MATTERS The' fiscal. ear of HECO shall be the calendar y Section 2. An annual budget.shall...be.adoptedby the:. Board at the annual meeting in July. of each year. The vote on the adoption of the budget and'any_subsequent amendments-thereto .shall be by weighted voting at the request of .any directc>r. Copies shall be mailed, promptly after adoption, to the chief administrative officer of each member. .Section 3. The executive committee shall have the author- ity to fix cost sharing charges for all members in an amount .sufficient to provide the•funds required by the budgets of the organization but such charges shall be in accordance with cri- feria set forth in the bylaws. It shall advise the chief ad- ministrative officer of each member, on or before August 1, of each year, of the amounts of such charges falling within the classes defined in Section 5 of this Article. " Section 4. Billings .for all charges shall be due when rendered. -Any member whose charges have not been paid within 45~days after billing shall be in default and shall not be entitled to further voting privileges nor_to have its director hold .any office until the default has been cleared. In the event charges have not been paid by a member within. 45 days ~.. • HECO AGREEMENT -21 . after billing, such defaulting member shall be deemed to have .given, on such 45th day,. notice of fiscal protest which shall then be ,resolved pursuant to the provisions. of Section 6 of . this Article. Any member may make a payment in order to pre- serve its status as a member but may-make such payment subject to fscalprotest as set forth in Section 6 and..suchpayment shall not prejudice its right to dispute the amount of the charge and to pursue remedies set .forth in this agreement or • other legal remedies available to the member. Section 5. Costs incurred by HECO fore its general ad- ministrative, development and operating expenses shall be shared and paid by the members in accordance with the criteria ~~ set forth in the bylaws. of the board. For the first year-and as long thereafter as may be provided. by~the board costs shall be allocated as.follows: (a) All costs not included in a county levy or in special charges to cover costs for special equipment, facilities and operating procedures requested by an individual member shall be charged to the members in accordance with the following formula: (1) For services rendered to the sheriff and Hennepin County EMS, cost shall be paid by the county in px~~~~ portion based on the number .of public safety mobile radio ~. equipped units serving sheriff and EMS functions compared to tl~r- total number of public safety mobile radio equipped units serving ~- -tax. HECO AGREEMENT -22 all members. A similar formula shall be devised for any other user which does not have a direct population basis for compar- . ison with municipal public safety operations. (2)- Municipal members sha~11 be charged costs under this subsection; one half on the basis of population and one half on the basis of assessed valuation. The board may determine -the portion of such costs which represent capital or develop- ~tent costs which shall become charges for new members after the initial organization is established.- Excluded from the above costs shall be the following: (a) Non-grant capital costs and continuing operating . costs of a 911: emergency telephone system to a central point or if less costly and consistent with long-range development plans, to selectively routed locations,. Costs excluded pursuant. to this clause shall be paid by the county board through a .county.-wide levy or through the initiation of a telephone user (b) Gosts for development of a central facility for dispatching to serve the whole county and development of central' computer capabilities for such purpose when recommended by the HECO board and when the county board determines that it is feasible to develop such facility. Costs excluded pursuant to this clause shawl be paid through a county levy. (c) Special capital. and operating costs incurred be- cause of a request by an individual member. Costs excluded pursuant to this clause shall be paid by the requesting member. • HECO AGREEMENT -23 Section 6. Within thirty (30) days after receiving notice of charges established pursuant to Section 3 or at any time before September 1, whichever is later, any member may file a notice of fiscal protest with. the president. Such notice shall constitute ~a request .for review of the. chargesapglicable to the protesting member. The executive committee shall .attempt. to negotiate the dispute and, with approval of the board,. shall . I have authorit to settle the matter u on an basis deem - Y p y ed equYt M able by the parties. In the event that the dispute is not recon~ ~k cited to the .satisfaction of the protesting party on or before ~ . January 1 of the appropriate year, the party may request arbi- - tration in accordance with the rules of the American Arbitration Association, and a findin of an arbitration anel or 'an arbi- g p ~E ,_ trata.r pursuant. thereto shall be binding and judgment upon-any ,award thereunder may be entered in any court-having jurisdiction. The period of negotiation prior to invoking arbitration may be extended by agreement between the executive committee and the ~. disputing member. i ..Section 7. Nothing contained in this Article shall prevent i the board. from charging nonmembers for services rendered by ~. HECO, on such basis as the board shall deem appropriate. Section 8:. The board. ~riay agree to credit any member against future or current charges for the value of equipment or staff contributions made by the member to HECO-functions.- In no case shall credit be given for contributions of equipment. or'staff for which the member received federal or state grant ,, `HECO AGREEMENT -24 ~ _ funds except. that local contributions to match grant funds .may be allowed to the extent of such contributions. Section 9. Board funds may be expended by the board in accordance-with procedures established~by law for the expenditure of funds by Minnesota statutory cities. Orders,. checks, drafts and other legal instruments. shall be signed by the president or vice president and countersigned by the secretary-treasurer or such other person as shall be desig- Hated by the board. Section. l0. Contracts shall be let and purchases shall be made in accordance with the legal requirements applicable to contracts and purchases by Minnesota statutory _ cities. X. ASSOCIATES Section 1. It is recognized that certain governmental units-which cannot qualify for membership or which choose not to be members may desire to follow and participate in the activities of HECO as a forum for input into systems design and. other characteristics which may be valuable in maintaining a complete coordinated public safety communications system. .Such ~' ;~ ~~ HECO AGREEMENT -25 governmental units may affiliate with HECO as "associates". .Section 2. A governmental unit desiring to become an associate may do so in the same manner as is ,required to become a member, except as otherwise provided in this Article. Section 3. At the time of applying for "associate .status" the governmental unit making the request shall indicate in writing-that it is not joining as a member but rather as an associate. Section 4. An associate may appoint a director and an _ alternate director to the board but such director-(or alternate) shall be without voting power and he shall not be .eligible to serve as an officer nor shall he be counted for quorum purposes. Section 5. The executive committee with the approval of the board shall establish the charges to be paid by associates and for that purpose it may classify associates~in accordance with their varying circumstances.- Section 6. An associate may discontinue its relation- ship with HECO~at any time by giving written notice of withdrawal to_ the secretary-treasurer of HECO. Withdrawal shall not relieve such associate from its obligation to pay any charges which the associate has incurred up to the~time of withdrawal. XT. WITHDRAWAL Section 1. Any member may at any time give written not.ic<:~~ of intent to withdraw from HECO. The refusal or failure of HECO AGREEMENT -26 . any member to be-bound by any financial obligation to .the ~.~ organization shall also constitute notice of withdrawal. Section 2. Withdrawal from the ;organization-shall be in accordance with the following provisions: `: ,~ . (a} Actual withdrawal.. shall not take effect for a period of one year following the date of notice of intent to withdraw. - (b) Upon the effective date of withdrawal,. the member shall continue to be responsible for any gro rated and unpaid cost sharing charges or contractual obligations incurred by the member prior to the effective date of withdrawal. Section 3. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of ~. the organization shall forfeit its claim or right to any public safety frequency license which it has assigned or other- wise transferred to HECO, except under the following circum- stances: (a) That the executive committee with the approval of the board of directors authorizes withdrawal of the member and withdrawal of the public safety frequency from the pool ." of frequencies available to the organization on the grounds that such withdrawal would not seriously hamper continued coordinated public safety communications within Hennepin County, or ~~ (b) That the frequency loading of the withdrawing i~ r HEeO AGREEMEPIT - 2 7 ~~,.,.~ ~~ member- is sufficient or that contractual arrangements have been made with other appropriate governmental agencies to create a frequency loading sufficient to warrant withdrawal of the frequency from the pool 'and creation of an independent public .safety communications.system utilizing that frequency and thereby reducing the remaining frequency demand to be served through the HECO organization sufficiently to result in approx- imately equal loading of frequencies before and after such withdrawal. Any dispute arising from a request to withdraw a ,. frequency pursuant to this Article shall be .negotiated and subject to binding arbitration in the same manner as set forth for disputes relating to financial responsibility in Article IX. Section 4. The withdrawal of any member which is effective ..• ~ at a time when such withdrawal does. not result in dissolution of the organization shall result in forfeiture of the with- drawing member's claim to any assets of the organization except as may be authorized by action of the executive committee and approved by the board of directors. XII~ DISSOLUTTON ..-~.~ Section 1. The HECO organization shall be dissolved whenever the following occurs: Ca) A'sufficient number of members withdraw to reduce the population included within the boundaries of the re-- maining~municipal members to less than one third (1/3) of the -total population of Hennepin County. . • ' , HECO AGREEMENT -28 - , (b) Whenever dissolution is recommended by a two- thirds vote of the executive ..committee and such recommendation is approved by a two-thirds vote of .all. memb-ers of the board. (c) Whenever dissolution becomes :necessary because of the operation of any law or the decision of any. court .of competent jurisdiction. Section 2. In the event of dissolution, the board shall determine the measures necessary to .effect the dissolution. Such measures. may include proposed reallocation of public safety frequencies licensed to the memb-ers at the time of dissolution in a manner which will equitably allocate fre- quency resources to serve the citizens of the county. Any plan~for allocation of frequencies in the event of dissolution shall.be subject to requirements of the Minnesota statewide • communications plan and the Federal Communications Commission. Section-3. Upon dissolution,-the remaining assets of HECO, after payment of all obligations, shall be distributed " among the then existing members in proportion to their con- tributions, as determined by the board, except that determina- tion as to allocation of pooled frequencies shall be pursuant " to majority action of those members who held licenses ,to such frequencies at the time they became members of the- organization. In distributing assets following dissolution, the board shall comply with the following guidelines:. (a) All physical assets which are contributed by or _ paid for exclusively by one member shall be returned to that member. r__ ~. _HECO .AGREEMENT ' -29 ~ .. .. :: ' ~ -. (b) Assets which are.tontributed by~or paid for by more than one member shall be distributed to existing .members ~~ ~ - ~`inproportion to their. contribution to .the cost of those -assets . _ ~ - .. . - ..-~(c) -Any -member -wha -receives assets which have a greater - ~ value than ,that member's Contribution to the cost thereof °shall reimburse in-cash hose members who receive assets which •_. .have a lesser value than those members' contribution thereto. . .~ ..._..Secton 4. _Lf_there ,is .-an .orga:~izational deficit upon. dissolution, such deficit shall be ..charged to anal paid by the ~~members and .former members on a pro rata basis, based upon- .~ charges incurred by such members and former members durng- `the two years preceding the event which gave rise to the dis- solution. . e. - . } • .,a • ~ ~ - .: _ _ ~ . `HECO_ AGREEMENT' ~ -30 ~ .. ~~ . . _. ,, ,...tip _ ~ ---•~CIII .. ..DURATION " This agreement shall continue in effect indefinitely, -until terminated in accordance with its terms. . ,, . . - IPTWITNESS i~E~®F, tale undersigned governmeni:al unit -. . i . -. --has caused ..this agreement to be-signed and delivered on its behalf. ~ - -. . - - CITY OF RIOHFIELD, MINNESOTA .. 1N THE PRESENCE CF: Name: of Governmental Unit _ - by . - . - • its City Manager . . . ~: - by _ - ].tS_ Mayor ...,....DATED,: - FILED, IN THE OrFICE ©F TIIE F~E~TN$PIN COUNTY ADMIN•ISTRA.TOR, ~ . . MINNEAPOLIS, MI~TNESCTA, this day of ~ lg -. - • ~ ~ ~ RESOLUTION NO. RESOLUTION. APPROVING HECO JOINT POWERS AGREEMENT AND DESIGNATING DELEGATES WHEREAS, the Richfield City Council did on May 12, 1975 adopt a resolution authorizing participation in planning a county wide public safety communications system including implementation of a 911 Emergency Telephone System, and WHEREAS, representatives of the City of Richfield, together with Hennepin County and other municipal jurisdictions within Hennepin County did participate in an Interim User Board planning process for the purpose of creating a permanent communications systems user board, and WHEREAS, the Hennepin County Public Safety Communications Interim User Board has unanimously approved a joint powers agreement providing for the creation of a Hennepin Emergency Communications Organization, and WHEREAS, the City Manager recommends that the city council approve and authorize execution of the Hennepin Emergency Communication Organization joint powers agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the Hennepin Emergency Communications Organization agreement is hereby approved and that the Mayor and City Manager are hereby authorized to execute the agreement on behalf of the City of Richfield. BE IT FURTHER RESOLVED tYn t the City Manager is designated as Director and the Public Safety Director is designated as Alternate Director for the purpose of representing the City of Richfield in the Hennepin Emergency Communications Organization. Passed by the City Council of the City of Richfield this 10th day of May, 1976. Loren L. Law Mayor ATTEST: Thomas J. Moran City Clerk 3 • .Y~ ~? ~ ~ CITY OF RICHFIELD, MINNESOTA Office of City Ivianager Council Letter No. _ 135 Agenda May, 10, 1976 The Honorable Mayor and Members of the City Council City of Richfield Gentlemen: Subject: Amendments to Liquor Control Ordinance Relating to " 19 Year: Old Law" At the April 2',6,.1976 city council meeting,. the city council game first reading consideration to an ordinance amendment for the purpose of raising the age for drinking, purchase, employment, and licensure to age 19 . This ordinance amendment reflects changes. in state legislation contained in Chapter 66 of the laws of 1976. The effective date of the ordinance is established as September 1, 1976, which is the effective date of the age change in Chaper 66'. • Several minor changes have been made in the ordinance since the first reading. It is rec'iommended that this amendment be given second reading consideration at the May 10, 1976 city council meeting. i Respectfully subt~itted, Wayne S . Burggraaff ~ City Manager i WSB/bll ~I i cc: City Attorney Public Safety Director Liquor Store 1V~a~.ager City Clerk ~ I• .x ' ~ ~ AMENDMENT TO CIiAPTEP, XI SECTIONS.ll.fll, 11.02, 11.;03, 11:04, ].]..05, AND 11.06 OF THE ORDINANCE • CODE OF Th.E CITY OF RICHFIELD CITY OF RICI-IFIELD DOES ORDAIN : Chapter XI, Sections 11.01, 11.02, 11..03, 11.04, 11.05 and 11.06 of the Ordinance Code of the City of Richfield relating to liquor and intoxicating beverage control are hereby amended by amending .,.Section 11.01, subdivision 1, paragraph (4); -Section 11:,02, subdivision 1, paragraph (3}; Section 11.03, sub-~ division 1, paragraph (7) , subd. 16, paragraph (3) ; Section 11.04 subdivision- 1, paragraph (1) , `subdivision 1, paragraph (2) ; Section 11:05, subdivision l; Section 11.06, subdivision'1, `paragraph (7) to read as follows: • ~. "Section 11.01. MUNICIPAL. LIQUOR STOPS ~~~ Subdivision l (4) 'minor' means anv person under .the age of [18] 19 years who: has not attained the age of 18 years on or before August 31, 1976." • . ~~~ "11.02. SALE AND DISPENSATION OF NON-I'~1TOXICATIDIG . MALT LIQUOP,S ~~~ Subdivision 1 (3) 'minor' means any person under [18] 19 years of age who has not attained 18 years of age on or before August 3l, 1976." ~*~ "11.03.' SALE OF SET-UPS FOR• CONSUr=IPTIOrd OF LIQUOR ON PREb4ISES *~* Subdivision 1 (7) 'minor' means any person- under 19 years of age who has not attained 18 years of age . on or before August 31, 1976. *** Subdivision 16 {3) In every prosecution ,for a violation of .the provisions of this section relating to the sale or furnishing of intox= icating-liquor. or non-intoxicating malt beverages to ..minors, and in every proceeding before `the city council with respect thereto, the `:fact that the minor involved has obtained and presented to the 1ic~nsee his employee or agent.a valid driver's licensee or non- qualification certif Cate, from which it appears that said person was [18 years of age] not a minor and was regularly issued such ligense or non-qualification certificate, shall be prima facie evidence that the licensee, his. agent-or employees is not guilty of such a provision and shall be conclusive evidence-that a violation, if one has occurred, was not willful or intentional. " ~~~ "11.04 P.EGULATION OF THE POS5ESSIO~J OR NON- iNTOXICATIIdG MALT LI()UOR BY tiIINORS Subdivision 1. Adoption of Certain Provisions • of Minnesota Statutes, Chao ter 340 by Reference. The following provisions and sections of Minnesota Statutes, Chapter 340 are hereby adopted by reference and z:~ade a part of this- chapter as if fully set forth herein: {1) Minnesota Statutes 340.035, ['Minors; Purchase, Consumption, Possession') 'Persons Under 19' (2) Minnesota Statutes 340.731, ' [rzinorsJ Persons Under 19; Forbidden Acts or Statements "' ~~~ "11.05 'ADDITIONAL PROVISIONS RELATING TO M.IN0~2S ~*~ Subdivision 1. Loitering,. P7o [minor] person .under the age of 19 years who has not attained the age of 18 years on or before August 31, 1976 shall loiter in or near. any place where liquor or i~on- intoxicating malt liquor is sold unless accompanied by his parent or legal guardian." i • ~ __ `~ , .a • *~* "11.06. O1`I--SALE LIQUOR ~~* , ;Subdivision 1. {7) 'minor' means any person under. the age of [18] 19 years c•~ho has not attained the age of 18 years on or before .August 31, 1976." This amendment shall be effective 30-days after publication or September 1, 1976 whichever comes later. Passed ,by the City Council.. of the-City of Richfield, Minnesota this day of 1976., ATTEST: Mayor City C].erk