06-12-07 Agenda
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CITY OF RICHFIELD, MINNESOTA
TUESDAY, JUNE 12,2007
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SPECIAL CITY COUNCIL WORKSESSION
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
6:00 - 6:30 p.m.
1. Discussion regarding 2008 Other Agencies Budget - Human Services Programs Funding
Assistance (Council Memo No.1 00)
Notes:
Adjournment
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GENE AND MARY JACOBSEN OUTSTANDING CITIZEN OF THE YEAR RECEPTION
CITY HALL LOBBY
6700 PORTLAND AVENUE
6:30 P.M.
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REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others.
Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
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Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of May 22, 2007; (2) Regular
City Council Meeting of May 22, 2007; and (3) Special City Council Meeting of May 29, 2007
PRESENTATIONS
1. Presentation of proclamation congratulating Russell and Mary Susag on 50th Wedding
Anniversary
2. Presentation of proclamation designating June 2007 as Gay, Lesbian, Bisexual,
Transgender Pride Celebration Month in Richfield
3. Presentation of 35th Annual Gene and Mary Jacobsen Outstanding Citizen of Year Award
to Lerae Finn, Richfield resident and Program Director at Volunteers Enlisted to Assist
People (Council Memo NO.1 01)
4. Annual meeting with Human Rights Commission
5. Annual meeting with Advisory Board of Health
6. Presentation of Government Finance Officers Association Distinguished Budget
Presentation Award to Finance Manager, Chris Regis (Council Memo NO.1 02)
7. Presentation and receipt of City of Richfield Comprehensive Annual Financial Report for
fiscal year ended December 31,2006 (Council Memo No. 103)
Staff Report No. 142
Notes:
COUNCIL DISCUSSION
8. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
9. Council approval of agenda
CONSENT CALENDAR
10. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action.
All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of first reading of transitory ordinance authorizing sale of
excess right-of-way real property at 6545 Portland Avenue and scheduling public
hearing and second reading for July 10, 2007 SR. No. 143
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B. Consideration of approval of first reading of transitory ordinance authorizing sale of
excess right-of-way real property at 6544 Portland Avenue and scheduling public
hearing and second reading for July 10, 2007 S.R. No. 144
C. Consideration of approval of resolution appointing Adam Selby as Hampton Inn
representative to Richfield Tourism Promotion Board, Inc. for remainder of three-year
term ending December 31, 2009 S.R. No. 145
D. Consideration of approval of resolution authorizing donation of used City computer
equipment to Richfield Independent School District #280 S.R. No. 146
E. Consideration of approval of resolution authorizing amended off-street parking permit at
6541-16th Avenue; Mt. Calvary Lutheran School S.R. No. 147
F. Consideration of approval of resolution affirming and ratifying submittal of application to
Blue Cross Blue Shield of Minnesota for Active Community Living Grant for Richfield
Comprehensive Plan S.R. No. 148
G. Consideration of approval of resolution authorizing acceptance of donation of $18,019
from Richfield Tourism Promotion Board to Richfield Recreation Services Department
and administering funds in accordance with terms prescribed by donors SR. No. 149
H. Consideration of approval of authorizing increase in 2007 Recreation Services
Administration Budget in amount of $1 ,900 for various expenditures related to
Centennial Celebration S.R. No. 150
I. Consideration of approval of bid minutes/tabulation and purchase of new aerial lift and
body truck from ABM Equipment and Supply, Inc. for use by Street Maintenance
Division in amount of $70,021.62, including sales tax S.R. No. 151
J. Consideration of approval of purchase of new F-250 with utility box pickup truck for use
by Utility Maintenance Division as follows: Ford F-250 cab and chassis from Elk River
Ford in amount of $17,469.27 and utility box and built in (engine) air compressor from
ABM Equipment in amount of $21 ,318 for total of $38,787.77, not including sales tax
S~R. No. 152
K. Consideration of approval of purchase of F-350 utility pickup truck for use by Utility
Maintenance Division as follows: Ford F-350 cab and chassis from Elk River Ford in
amount of $21 ,253.99 and magnum series aluminum dump box from ABM Equipment in
amount of $9,397 for total of $30,650.99, not including sales tax S.R. No. 153
L. Consideration of approval of purchase of Ford F-450 with utility box with crane pickup
truck for use by Utility Maintenance Division as follows: Ford F-450 cab and chassis
from Elk River Ford in amount of $32,977.99 and fiberglass utility body with crane from
ABM Equipment in amount of $26,357 for total of $59,334.99, not including sales tax
SR. No. 154
M. Consideration of approval of second amendment to cost participation agreement
between Hennepin County and City of Richfield to receive additional funds for
reconstruction of 66th Street and Portland Avenue intersection SR. No. 155
N. Consideration of approval of two-year lease between City of Richfield and Tom Price for
rental of 4,690 square-foot strip of land along edge of Lincoln Field S.R. No. 156
O. Consideration of approval of continuation of contractual agreement with the City of
Bloomington for various types of plumbing and mechanical inspections and code
enforcement in Richfield for 2007 SR. No. 157
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Notes:
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11. Consideration of items, if any, removed from Consent Calendar
Notes:
PUBLIC HEARINGS
12. Public hearing regarding resolution authorizing amendment to conditional use permit to
allow day care services for up to 155 persons at 7132 Portland Avenue; Hope
Presbyterian Church
Staff Report No. 158
Notes:
13. Public hearing regarding resolution authorizing conditional use permit to allow Class II
restaurant at 811 66th Street East
Staff Report No. 159
Notes:
14. Public hearing regarding resolution authorizing renewal of temporary conditional use
permit to allow auto sales and leasing at 6529 Penn Avenue; CarHop
Staff Report No. 160
Notes:
15. Public hearing regarding environmental assessment for 66th Street and Portland Avenue
roundabout
Staff Report No. 161
Notes:
16. Public hearing and second reading of transitory ordinance vacating right-of-way of
Emerson Avenue between vacated 77th and 78th Streets
Staff Report No. 162
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Notes:
17. Public hearing and second reading of transitory ordinance vacating right-of-way
(Easement No.2 per Document No. 6417525) of Emerson Avenue between vacated 77th
and 78th Streets
Staff Report No. 163
Notes:
RESOLUTIONS
18. Consideration of resolution awarding sale of $4,800,000 General Obligation Capital
Improvement Bonds, Series 2007 A
Staff Report No. 164
Notes:
19. Consideration of resolution awarding sale of $4,250,000 General Obligation
Improvement Bonds, Series 2007B
Staff Report No. 165
Notes:
OTHER BUSINESS
20. Consideration of resolution authorizing amended off-street parking permit to allow for
landscaping changes at 1430 66th Street East; EI Jalapeno Market
Staff Report No. 166
Notes:
21. Consideration of agreement for temporary construction easement and license for parking
with Dental Health Care Center, 1717 East 66th Street, as part of Richfield Parkway and
66th Street roundabout project
Staff Report No. 167
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Notes:
22. Consideration of accepting and rejecting bids as recommended by Short Elliot Hendrickson
for new Richfield maintenance facility in amount of $1 ,570,967
Staff Report No. 168
Notes:
CITY MANAGER'S REPORT
23. City Manager's report
. Special City Council Meeting(s) regarding 2007 Revised/2008 Proposed budget
Notes:
24. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by majority
vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others.
Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
25. Special City Council Closed Executive Session in Executive Conference Room regarding
City Manager annual performance evaluation
26. Reconvene Regular City Council Meeting in Council Chambers
27. Adjournment of Regular City Council Meeting in Council Chambers
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
PRESENTATIONS
7
142
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STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME. TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal
ear ended December 31, 2006.
I. RECOMMENDED ACTION:
By Motion: Accept the Comprehensive Annual Financial Report of the
Cit for the ear ended December 31, 2006.
I II. BACKGROUND I
The City's auditing firm, HLB Tautges Redpath, Ltd., has completed the annual
audit of the City's financial records for the fiscal year ended December 31, 2006. A
representative of HLB Tautges Redpath, Ltd. is present tonight to make a brief
presentation on the 2006 financial information and answer questions.
In addition, the CAFR will be submitted to the State of Minnesota pursuant to State
law and to the Government Finance Officers Association for the Certificate of
Achievement for Excellence in Financial Reporting program.
I III. BASIS OF RECOMMENDATION I
. I A. POLICY I
. Action to be taken at the June 12, 2007 City Council meeting is the
official receipt of the December 31, 2006 City of Richfield
Comprehensive Annual Financial Report by the City Council.
0612CAFR
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Apartments, Roger Wahldick, to exchange a portion of the excess right of way from
the Mr. Tire parcel for the right-of-way that will be needed from the Victoria Manor
site. Although the terms of that Agreement are not finalized, staff expects to
present an Agreement to the City Council for approval soon. In order to maintain
the anticipated closing schedule, the City staff is recommending that the City
Council conduct the first reading of the Ordinance authorizing the sale of the excess
land at this time.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The first reading of a Transitory Ordinance in accordance with the City
Charter is the initial step in conveying City-owned land.
. A final Purchase Agreement between the City and Roger A. Wahldick
Trust is necessary, and it is expected that the Agreement will be ready
for City approval prior to second reading of the Ordinance authorizing
the sale.
lB.
CRITICAL ISSUES I
. Undertaking the first reading of a Transitory Ordinance at this time will
allow the Transitory Ordinance process to be completed by the end of
August, 2007 and allow the City to maintain its desired project
schedule.
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I C. FINANCIAL I
. It is expected that the excess land will be transferred in exchange for
the right-of-way required from the Victoria Manor Apartment parcel.
. The final terms of the Land Exchange Agreement will be available at
the time of second reading of the Ordinance.
I D. LEGAL I
. The public hearing and second reading of the Transitory Ordinance is
proposed to be held on July 10, 2007.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Delay first reading of the Transitory Ordinance.
. Do not proceed with the Transitory Ordinance process at this time.
I V. A TT ACHMENTS
. Transitory Ordinance
. Maps showing land needed for right-of-way
. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
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The City's auditor has performed an audit of the City's financial
records for the year ended December 31, 2006 and prepared reports
to the City Council concerning legal compliance and internal controls.
I B. CRITICAL ISSUES I
. Action on this item is requested at the June 12, 2007 City Council
meeting.
I C. FINANCIAL
. N/A
I D. LEGAL I
. The CAFR will be submitted to the State of Minnesota, pursuant to
State law.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could ask the auditors for further explanations of their
findings at a future Study Session.
I V. A TT ACHMENTS
. None.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Tom Hodnefield, Officer, HLB Tautges Redpath, Ltd.
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
IDA
143
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STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
CORRINE THOMSON,
CITY ATTORNEY
NAME, TInE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
..1-
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REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading ot a Transitory Ordinance authorizing the sale ot excess right-ot-way real
property at 6545 Portland Avenue and scheduling a public hearing and second reading tor July
10,2007.
I. RECOMMENDED ACTION:
By motion: Approve first reading of the attached Transitory
Ordinance authorizing the sale of excess right-of-way real property at
6545 Portland Avenue for right-of-way purposes and scheduling a
ublic hearin and second readin for same on Jul 10,2007.
I II.
BACKGROUND I
The City has undertaken a project to improve the intersection ot 66th Street and
Portland Avenue. In connection with that project, the City acquired the property at
6545 Portland Avenue, the site ot the BP Amoco gas station. Approximately one-
halt ot that site will be needed tor the road right-ot-way, and the remainder ot the
site is excess right-ot-way.
The City also needs to acquire right-ot-way tor the intersection project trom the
Morris Nilsen Funeral Chapel, which adjoins the BP Amoco parcel on the north and
east. City staff are currently engaged in negotiations with Morris Nilsen Funeral
061207 1st reading sale to Nilsen
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Chapel to exchange the excess right of way from the BP Amoco parcel for the right-
of-way that will be needed from Morris Nilsen Funeral Chapel. Although the terms
of that Agreement are not finalized, staff expects to present an Agreement to the
City Council for approval soon. In order to maintain the anticipated closing
schedule, the City staff is recommending that the City Council conduct the first
reading of the Ordinance authorizing the sale of the excess land at this time.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The first reading of a Transitory Ordinance in accordance with the City
Charter is the initial step in conveying City-owned land.
. A final Purchase Agreement between the City and Morris Nilsen
Funeral Chapel is necessary, and it is expected that the Agreement
will be ready for City approval prior to second reading of the
Ordinance authorizing the sale.
I B. CRITICAL ISSUES I
. Undertaking the first reading of a Transitory Ordinance at this time will
allow the Transitory Ordinance process to be completed by the end of
August, 2007 and allow the City to maintain its desired project
schedule.
.
I C.
FINANCIAL I
. It is expected that the excess land will be transferred in exchange for
the right-of-way required from Morris Nilsen Funeral Chapel, with no
additional monetary consideration.
. The final terms of the Land Exchange Agreement will be available at
the time of second reading of the Ordinance.
I D. LEGAL I
. The public hearing and second reading of the Transitory Ordinance is
proposed to be held on July 10, 2007.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Delay first reading of the Transitory Ordinance.
. Do not proceed with the Transitory Ordinance process at this time.
I V. ATTACHMENTS
. Transitory Ordinance
. Maps showing land needed for right-of-way
.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
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fa fl-(
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY lOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA
The City of Richfield Does Ordain:
Section 1.
The real property described in Exhibit A in the City of Richfield, County of Hennepin, State
of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and
conveyed by the City to Morris Nilsen Chapel, Inc. or such other entity or person as may
be designated by Morris Nilsen Chapel, Inc. and approved by the City Manager.
Section 2.
The Mayor and City Manager are hereby authorized to take all action as is required to sell,
transfer, or otherwise dispose of and convey the real property described in the foregoing
Section 1, including, by way of illustration and not limitation, the execution of all
documents, purchase agreements, deeds of conveyance, and other instruments
connected with such sale, transfer or disposition and conveyance.
Section 3.
The City Clerk is authorized to make corrections to the legal description in the attached
Exhibit A as required by the Office of the Hennepin County Registrar of Titles in order to
permit recording of the deed of conveyance.
Passed this _ day of
2007 by the Richfield City Council.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
061207 1st reading sale to Nilsen
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IDA~l.
EXHIBIT A
Par 1 : The South 151.12 feet of the East 20 feet of the West 145 feet of that part of the
Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24,
described as follows: Commencing at a point 33 feet North' of, and 33 feet East of the
Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet
East of the West line of said Section 26 a distance of 176.12 feet; thence East parallel with
the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South
parallel with the West line of said Section 26 a distance of 176.12 feet to a point 33 feet
North of the East and West Quarter line through said Section 26; thence West parallel with
the East and West Quarter line through said Section 26, a distance of 247.3 feet to the
point of beginning.
Par 2: The South 26.12 feet of the North 51.12 feet of the West 125 feet of that part of the
Southwest Quarter of the Northwest Quarter of Section 26, Township 28, Range 24,
described as follows: Commencing at a point 33 feet North of, and 33 feet east of the
Quarter Corner on the West side of said Section 26; thence North parallel with and 33 feet
East of the West line of said Section 26 a distance 176.12 feet; thence East parallel with
the East and West Quarter line of said Section 26 a distance of 247.3 feet; thence South
parallel with the West line of the said Section 26 a distance of 176.12 feet to a point 33 feet
North of the East and West Quarter line through said Section 26; thence West parallel with
the East and West Quarter line through said Section 26, a distance of 247.3 feet to the
point of beginning.
Par 3: An undivided one-half interest in and to:
That part of the Southwest Quarter of the Northwest Quarter of section 26, Township 28,
Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East
of the Quarter corner on the West side of said Section 26; thence North parallel with and
33 feet East of the West line of said Section 25 a distance of 176.12 feet; thence East
parallel with the East and West quarter line of said Section 26 a distance of 247.3 feet;
thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a
point 33 feet North of the East and West quarter line through said Section 26; thence West
parallel with the East and West quarter line through said Section 26, a distance of 247.3
feet to the point of beginning, except the North 51.12 feet of the West 125 feet thereof, and
except that part thereof lying East of the West 125 feet thereof.
Par 4: An undivided one-half interest in and to:
That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 28,
Range 24, described as follows: Commencing at a point 33 feet North of, and 33 feet East
of the Quarter corner on the West side of said Section 26; thence North parallel with and
33 feet East of the west line of said section 26 a distance of 176.12 feet; thence East
parallel with the East and West quarter line of said section 26 a distance of 247.3 feet;
thence South parallel with the West line of said Section 26 a distance of 176.12 feet to a
point 33 feet North of the East and West quarter line through said Section 26, thence West
parallel with the East and West quarter line through said Section 26, a distance of 247.3
feet to the point of beginning, except the North 51.12 feet of the West 125 feet thereof, and
except that part thereof lying East of the West 125 feet thereof.
Except that part of the above described property which lies westerly, southwesterly and
southerly of the following described line: Commencing at a point on said west line of the
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loA- 3
Southwest Quarter of the Northwest Quarter, distant 359.12 feet north of the southwest corner
of said Southwest Quarter of the Northwest Quarter, as measured along said west line of the
Southwest Quarter of the Northwest Quarter; thence South 89 degrees 36 minutes 48
seconds East, assumed bearing, along a line drawn parallel with the south line of said
Southwest Quarter of the Northwest Quarter, 39.00 feet, to the point of beginning of said line
to be hereinafter described; thence Southerly, 160.64 feet, along a non-tangential curve,
concave to the east, having a radius of 1489.00 feet, and a central angle of 06 degrees 10
minutes 54 seconds, the chord of said curve bears South 04 degrees 36 minutes 00 seconds
East; thence South 07 degrees 41 minutes 27 seconds East, tangent to the last described
curve, 68.92 feet; thence South 48 degrees 04 minutes 06 seconds East, 45.68 feet; thence
North 90 degrees 00 minutes 00 seconds East, 200.00 feet, and said line there terminating.
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1 Propoeed Premanent RIW Area 21680 sq II
V / / / ~ Propoeed Temporary ConstnJdlon Easement Area 10790 sq
t"><">()()(l Propoeed Driveway Easement Agneement
I New Property Description Area 59283
~ Parcel to be COIMlyed to Nilsen Area 9717 sq II
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66th Street and Portland Avenue
Intersection Improvements
Parcel Sketch
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INFRASTRUCTURE I ENGINEERING I PlANNING I CONSlRUCTION
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AGEl\'DA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
lOB
144
STAFF REpORT
1RICOf:1ErEE'9:
~ ~ ~ ' < ,,< ~~'~'; :'
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CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGD\TEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
Ei
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
First reading of a Transitory Ordinance authorizing the sale of excess right-of-way real
property at 6544 Portland Avenue and scheduling a public hearing and second reading for July
10, 2007.
1. RECOMME1\TDED ACTION:
By motion: Approve first reading of the attached Transitory
Ordinance authorizing the sale of excess right-of-way real property at
6544 Portland Avenue for right-of-way purposes and scheduling a
public hearing and second reading for same on Julv 10, 2007.
I II.
BACKGROUND I
The City has undertaken a project to improve the intersection of 66th Street and
Portland Avenue. In connection with that project, the City acquired the property at
6544 Portland Avenue, the site of the Mr. Tire service station. Approximately one-
half of that site will be needed for the road right-of-way, and the remainder of the
site is excess right-of-way.
The City also needs to acquire right-of-way for the intersection project from the
Victoria Manor Apartments, which adjoins the Mr. Tire parcel on the north and west.
City staff are currently engaged in negotiations with the owner of the Victoria Manor
0612WahldickFirstRead
.
.
.
100--1
TRANSITORY ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR
OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL
PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN,
STATE OF MINNESOTA
The City of Richfield Does Ordain:
Section 1.
The real property described in Exhibit A in the City of Richfield, County of Hennepin, State
of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and
conveyed by the City to Roger A Wahldick as Trust of the Roger A. Wahldick Trust
Agreement ("Trust") or such other entity or person as may be designated by the Trust and
approved by the City Manager.
Section 2.
The Mayor and City Manager are hereby authorized to take all action as is required to sell,
transfer, or otherwise dispose of and convey the real property described in the foregoing
Section 1, including, by way of illustration and not limitation, the execution of all
documents, purchase agreements, deeds of conveyance, and other instruments
connected with such sale, transfer or disposition and conveyance.
Section 3. .
The City Clerk is authorized to make corrections to the legal description in the attached
Exhibit A as required by the Office of the Hennepin County Registrar of Titles in order to
permit recording of the deed of conveyance.
Passed this _ day of
2007 by the Richfield City Council.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0612W ahld ickFi rstRead
.
.
.
ioB-~
EXHIBIT A
That part ofthe South 150 feet of the East 158 feet of the Southeast Quarter of the Northeast
Quarter of Section 27, Township 28, Range 24, according to the United States Government Survey
thereof and situate in Hennepin County, Minnesota, which lies northerly and westerly of the
following described line: Beginning at the intersection of a line drawn parallel with and distant
39.82 feet west of the east line of said Southeast Quarter of the Northeast Quarter, and a line drawn
parallel with and distant 150.00 feet north of the south line of said Southeast Quarter of the
Northeast Quarter; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn
parallel with and distant 39.82 feet west of said east line, to its intersection with a line drawn
parallel with and distant 116.68 feet north of the said south line; thence South 89 degrees 28
minutes 00 seconds West, along said line drawn parallel with and distant 116.68 feet north of said
south line, to its intersection with a line drawn parallel with and distant 119.05 west of said east
line; thence South 00 degrees 16 minutes 35 seconds West, along said line drawn parallel with and
distant 119.05 west of said east line, to its intersection with a line drawn parallel with and distant
104.93 feet north of said south line; thence South 89 degrees 28 minutes 00 seconds West, along
said line drawn parallel with and distant 104.93 feet north of said south line, to its intersection with
a line drawn parallel with and distant 136.63 feet west of said east line; thence South 00 degrees 16
minutes 35 seconds West, along said line drawn parallel with and distant 136.63 feet west of said
east line, to its intersection with a line drawn parallel with and distant 52.13 feet north of said south
line; thence southwesterly, 22.56 feet, along a non-tangential curve concave to the northwest,
having a radius of 1488.00 feet, and a central angle of 00 degrees 52 minutes 07 seconds, the chord
of said cuve bears South 82 degrees 00 minutes 24 seconds West, to its intersection with a line
drawn parallel with and distant 158.00 feet west of said east line, and said line there terminating.
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
lOe
145
.....
STAFF REpORT
.
RICHlFIEtD
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution regarding an appointment to the Richfield Tourism Promotion
Board.
1. RECOMMENDED ACTION:
By Motion: Adopt a resolution appointing Adam Selby to the
Richfield Tourism Promotion Board for the remainder of a three-year
term endin December 31, 2009.
I II. BACKGROUND I
On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross
receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes.
The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the
appointment of directors were also a part of the resolution. Currently, there are five
director positions on the RTPB. The term of each appointment is for three years
and terms are staggered to maintain RTPB continuity.
The current appointments to the RTPB and the ending dates of their terms are as
follows:
1. Russ Susag, representing the Richfield Chamber of Commerce, term ending
December 31, 2008.
2. Rudy Hanuman, General Manager of Candlewood Suites, term ending
December 31,2009.
3. Raj Bhakta, General Manager of Americlnn, term ended December 31, 2009.
0612RTPBappointment
.
4. Robyn Goolsbey, Hampton Inn, term ending December 31,2009.
5. Vacant, General Manager of Motel 6
Robyn Goolsbey has been the General Manager of the Hampton for the past
several years and also a long time member of the RTPB. Ms. Goolsbey has
recently resigned her position with the Hampton Inn to accept another position
outside of the organization. Since Ms. Goolsbey is no longer with the Hampton Inn
property in Richfield, that RTPB position is now vacant and should be filled.
.
Adam Selby is the new General Manager of the Hampton Inn. Adam's most recent
position was that of General Manager at the Days Inn in Green Bay, WI and he has
been working in the hotel industry for the past six years. He was brought on board
at the Hampton Inn because of his understanding of the industry, working in various
parts of the Midwest and experience with multiple brands. The Hampton Inn has
requested that Mr. Selby replace Ms. Goolsbey on the RTPB.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City Council has the authority to make appointments to the RTPB.
. The RTPB has typically included a representative from each property.
. Mr. Selby is the new General Manager of the Hampton Inn and is
interested in appointment to the RTPB.
I B. CRITICAL ISSUES I
. . The Hampton Inn has historically had a seat on the RTPB and as
such, the appointment should be made as soon as possible.
I C. FINANCIAL
. There is no cost to the City.
I D. LEGAL I
. The appointment conforms to City Ordinance and bylaws of the RTPB.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. The City Council could decide not to appoint Mr. Selby to the RTPB.
. The City Council could choose to review this matter at a future date.
[ V. ATTACHMENTS
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Russ Susag, Chair of the RTPB
.
.
.
/ OC- {
RESOLUTION NO.
RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF
THE RICHFIELD TOURISM PROMOTION BOARD, INC.
WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of
lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190;
and
WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax
to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as
a tourist or convention center; and
WHEREAS, the articles an'd bylaws of the Richfield Tourism Promotion Board, Inc.
provide the City Council of the City of Richfield appoint five (5) directors to the Board
representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce;
and
WHEREAS, each director shall serve as a director until his or her successor has
been appointed and has qualified, or until his or her earlier disqualification, death,
resignation, or removal; and
WHEREAS, Robyn Goolsbey, the representative from the Hampton Inn is no longer
his position with the Hampton Inn, and
WHEREAS, Adam Selby has been appointed as the new General Manager of the
Hampton Inn and seeks appointment to the Richfield Tourism Promotion Board, Inc.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows:
Appoint Adam Selby, Hampton Inn, to the Richfield Tourism Promotion Board for
the remainder of a three-year term ending December 31,2009.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
. Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
lOD
146
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12., 2007
REPORT PREPARED Bv:
SALLV MORTON, INFORMATION
TECHNOLOGIES MANAGER
NAME. TITLE
COUNCIL PRESENTER:
REVIEWED Bv CITV
MANAGER:
lil1
ITEM FOR COUNCIL CONSIDERATION:
Consideration of donating used City computer equipment to the Richfield school district.
1. RECOMMENDED ACTION:
By Motion: Approve resolution authorizing the donation of used
computer equipment to Independent School District #280.
I II. BACKGROUND I
The City has 17 PCs with keyboards and mice that have been replaced with new
equipment. The retired equipment is still in good operating condition, but the
technology no longer performs adequately in the City's environment. The Richfield
School District accepts donations of used computers and and is interested in
receiving this retired equipment. The City has made several similar donations to the
School District in the past.
I B. CRITICAL ISSUES
. N/A
0612PCDonation.doc
.
.
.
I c.
FINANCIAL I
. The City receives about $1.25 for each PC we recycle (per the terms
of the State of Minnesota contract), but we must transport the
equipment to the recycling center in the Midway area of St. Paul.
. A quick survey by City staff revealed that similar used PCs are selling
for $65 - $200. Ours would be worth less because they are not
refurbished and do not have a warranty.
. If the City were to sell this equipment there would be costs associated
with that effort and staff time would be diverted from other projects.
I D. LEGAL I
. The donation to the school district is authorized by Minnesota
Statutes, Section 471.85 which provides: "Any county, city, town, or
school district may transfer its personal property for a nominal or
without consideration to another public corporation for public use
when duly authorized by its governing body."
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Direct staff to take the equipment to a recycling center for disposal.
. Direct staff to research options for selling the equipment.
Iv.
A TT ACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
.
.
.
IOD.-l
RESOLUTION NO.
RESOLUTION AUTHORIZING THE TRANSFER OF USED COMPUTER EQUIPMENT
TO INDEPENDENT SCHOOL DISTRICT #280
WHEREAS, the City owns some computer equipment for which it no longer has any
use; and
WHEREAS, Minnesota Statutes Section 471.85 permits the City to transfer this
property to the School District for public use; and
WHEREAS, representatives of Independent School District #280 have indicated
that they will accept the donation and use it in a manner permitted by Minnesota Statutes
Section 471.85.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, that 17 personal computers owned by the City be transferred to Independent
School District #280.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
IDE
147
~
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
PAT SMITH, COMMUNITY
DEVELOPMENT MANAGER
NAMIi. TI7J.1i
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
~
ri
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amendment to an off-street parking permit at 6541 16th Avenue (Mt.
Calvary Lutheran School).
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution for an amended off-
street parking permit at 6541 16th Avenue.
I II. BACKGROUND I
. On October 25, 2005 the City Council approved a two-lane roundabout design
for the new intersection at 66th Street and 17th Avenue.
. The approved design includes two bus pullouts, one on the north side and one
on the south side of 66th Street, west of the new intersection.
. On June 27, 2006 the City Council approved the acquisition of four residential
properties to accommodate the bus pullouts (6600 17th Avenue, 6601 16th
Avenue, 1614 66th Street East, and 1620 66th Street East).
. On October 24, 2006 the City Council approved a resolution accepting 17 -feet of
property from Mt. Calvary Church as the final piece of property needed to
construct the bus pullouts.
. In exchange for the 17-feet of property along 66th Street, the City agreed to
finance the reconfiguration of Mt. Calvary's south parking lot (including seal
061207 OSP 6541 16th
.
coating and restriping the entire lot), moving the fence along 66th Street and
relocating their monument sign.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. A revised site plan requires approval of a new off-street parking
permit.
. The Council approved the roundabout design, which required a 17-
foot strip of property from Mt. Calvary, eliminating the use of ten
parking spaces. However, with the implementation of the revised site
plan, 70 spaces will be available - 1 more than currently exists.
lB.
.
CRITICAL ISSUES I
. Mt. Calvary has an understanding with Ryan that they will be able to
use the commercial parking spaces to the east during services on
Sundays.
. Ryan will be constructing an eight-foot high cedar fence along the
common property line between Mt. Calvary School and Cedar Point
Commons. A six-foot ornamental gate will allow churchgoers to use
the Cedar Point Commons' parking lot on Sundays.
. Sixty-nine parking spaces currently exist on the Mt. Calvary site. With
the proposed changes, 70-spaces will be available on the site.
. The southern half of the property is zoned General Commercial (C-2),
and the northern half is zoned Single Family Residential (R).
Maximum impervious area in C-2 is 80%. While the proposed plans
do not meet this requirement, the proposed plans increase the
pervious area on the site from 15% existing, 16.7% proposed.
. The new parking lots are consistent with existing setbacks.
. The proposed landscaping plan meets ordinance requirements.
. Before the parking lot can be expanded and improved, the Church's
off-street parking permit must be amended to approve these changes.
I C. FINANCIAL I
. In the City's agreement with Mt. Calvary, in exchange for the 17 feet of
property along 66th Street, the City agreed to finance:
Reconfiguring Mt. Calvary's south parking lot (including seal
coating and restriping the entire lot),
moving the fence along 66th Street., and
relocating their monument sign.
. The cost for improvements to the Mt. Calvary site (including
landscaping) has been included in the City's budget for the new
intersection at 66th Street and 17th Avenue.
.
ID.
LEGAL
. N/A
.
.
.
I IV. ALTERNATIVERECOMMENDATION(S) I
. Deny the request for an off-street parking permit with a finding that the
proposal would have an adverse impact on adjacent properties or the City as
a whole.
. Revise the attached resolution for an amended off-street parking permit.
I V. ATTACHMENTS
. Resolution
. Proposed Plans
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Duane Helm, representing Mt. Calvary
.
iO{;--{
RESOLUTION NO.
RESOLUTION GRANTING AN AMENDED OFF-STREET PARKING PERMIT
AT 6541 -16TH AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an amended off-street parking permit for the parcel of land located at 6541 -
16th Avenue, legally described as:
Block 13, GIRARD PARKVIEW
WHEREAS, the requested amended off-street parking permit has been reviewed by
staff and meets City requirements; and
WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the amended
off-street parking permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That an amended off-street parking permit is hereby approved for a parking area as
detailed in the approved site plan, which provides for 70-parking spaces.
. 2. All parking spaces must be accessible year round.
3. All landscaping must be maintained and if necessary replaced in conformance with
approved plans.
4. Lighting plans shall be submitted to the Community Development Department for
review and approval.
5. Mt. Calvary requests Hennepin County combine the subject parcels by August 1,2007.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
061207 asp 6541 16th
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.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT .
lOF
148
.......
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, Tm,E
COUNCIL PRESENTER:
DEP AR TMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution affirming and ratifying submittal of applications to Blue Cross
Blue Shield of Minnesota for an Active Community Living Planning Grant for the Richfield
Comprehensive Plan.
1. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution affirming and ratifying City
staff submittal of an application to Blue Cross Blue Shield of
Minnesota for an Active Community Living Grant for the Richfield
Comprehensive Plan.
I II. BACKGROUND I
. Blue Cross Blue Shield of Minnesota has a Request for Proposal (RFP) fund for
municipalities in the seven-county Twin Cities metropolitan area that integrates
active living principles into the community environment. This funding opportunity
is designed to support communities in preparing their revised Comprehensive
Plan. It is appropriate to submit an application because Richfield has always
made a commitment to the community's well being. Submitting an application
and the opportunity of receiving funding will allow the City the ability to clearly
and concisely protect and enhance the values of active living by incorporating
defined principles into the Comprehensive Plan.
061207 -Blue Cross Grant App
I III.
. The application requires Richfield to demonstrate its commitment to developing
community design with the health of our residents in mind. The aim is to build
an environment that promotes and encourages physical activity. Active living is
more than supporting a resident's choice to engage in physical activity for
recreational purposes but also for utilitarian purposes such as trips to the
grocery store and commuting to work.
. A requirement of the proposal process is that a resolution indicating the City
Council support of the application must be passed and included with the
submittal. The application will be submitted on June 18, 2007.
BASIS OF RECOMMENDATION I
I A. POLICY I
. It is appropriate to seek outside funding whenever possible.
.
lB.
CRITICAL ISSUES I
. Not incorporating active living principles into the Comprehensive Plan
down plays the importance of community site design and development
when is comes to the amount of impervious surface, auto-dominated
development, traffic calming, safe routes to school, and residents'
overall health.
. The proposal will cover all costs involved in incorporating active living
principles into the Comprehensive Plan. Awards will be made in July
2007.
.
I C. FINANCIAL I
. No local match is required for the grant.
. If a grant is not received, other avenues will be pursued.
I D. LEGAL I
. The program guidelines require the City Council to pass a resolution in
support of the application.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny authorization and direct staff to withdraw the application.
I V. A TT ACHMENTS I
. Resolution authorizing application to Blue Cross Blue Shield of Minnesota for
the Active Community Planning Grant funding.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
.
t D F- \
RESOLUTION NO.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION TO BLUE CROSS BLUE SHIELD OF MINNESOTA
FOR ACTIVE COMMUNITY PLANNING (RFP #523) FUNDS
FOR THE RICHFIELD COMPREHENSIVE PLAN.
WHEREAS the City of Richfield (the "City") is a city located within Hennepin County
and is therefore eligible to access the Active Community Planning RFP #523 Grant; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the
submittal of applications to Blue Cross Blue Shield of Minnesota on behalf of the City of
Richfield and authorizes the Mayor and City Manager to execute such agreements as are
necessary to implement the project on behalf of the applicant.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of June
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
061207-Blue Cross Grant App
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
lOG
149
STAFF REpORT.
~~IGBFIEL[)
CITY COUNCIL MEETING
JUNE 12,2007
REpORT PREPARED By:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
GY
.
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing acceptance of a donation received by the Richfield
Recreation Services Department and to authorize the City to administer the funds in
accordance with terms prescribed by the donor, Richfield Tourism Promotion Board.
1. RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing acceptance of a
donation received by the Richfield Recreation Services Department
and to authorize the City to administer the funds in accordance with
terms prescribed bv the donors, Richfield Tourism Promotion Board.
I II. BACKGROUND I
The Richfield Recreation Services Department received a donation from the
Richfield Tourism Promotion Board in the amount of $18,019 on May 1, 2007 for
promotional items related to the City's Centennial Celebration.
. I III. BASIS OF RECOMMENDATION
0612RTPB
.
.
.
IA.
Poucr I
. Minnesota Statute 465.03 requires every acceptance of a grant or
devise of real or personal property of more two-thirds majority of the
City Council.
. The Administrative Services Department issued a memo on
November 9, 2004 requiring that all grants and restricted donations to
departments be received by resolution and by more than two-thirds
majority of the City Council in accordance with Minnesota Statute
465.03.
I B. CRITICAL ISSUES
. None
I C. FINANCIAL I
. The City received a donation in the amount of $18,019 for a number of
promotional items related to the Centennial including street banners,
parade stickers, miniature flags, bumper stickers, banners, posters,
and advertising. Most of these items will be purchased in 2007 and
identified in the revised budget within a donation account.
. No terms were required by the Richfield Tourism Promotion Board in
receipt of this donation.
ID.
LEGAL I
. Minnesota Statute 465.03 requires every acceptance of a grant or
devise of real or personal property of more two-thirds majority of the
City Council.
I IV. ALTERNATIVEREcOMMENDATION(S)
. Decline to accept the donation.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
10&-- /
RESOLUTION NO.
. RESOLUTION AUTHORIZING ACCEPTANCE THE DONATION RECEIVED BY THE
CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN
ACCORDANCE WITH TERMS PRESCRIBED BY DONOR -
RICHFIELD TOURISM PROMOTIONS BOARD
WHEREAS, Minnesota Statute 465.03 reads in part as follows:
Any city, county, school district or town may accept a grant or devise of real
or personal property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall authorize
such acceptance or use for religious or sectarian purposes. Every acceptance shall
be by resolution of the council adopted by two-thirds majority of its members,
expressing such terms in full, and
WHEREAS, the City of Richfield has received a donation from the Richfield Tourism
Promotions Board in the amount of $18,019 for promotional costs related to the City's on
May 1,2007.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
.
That the City Council of the City of Richfield hereby accepts the donation as listed
above for the year 2007 and authorizes the City to administer the funds in accordance with
terms prescribed by the Richfield Tourism Promotion Board.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
C.ON~F.N1'
10H
1 'iO
STAFF REpORT
'RIGFlFIEL[)
,
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
0"
REVIEWED BY CITY
MANAGER:
,~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of authorizing an increase in the 2007 Recreation Services Administration
Budqet in the amount of $1 ,900 for various expenditures related to the Centennial Celebration.
I.
RECOMMENDED ACTION:
By Motion: Authorize an increase in the 2007 Recreation Services
Administration Budget in the amount of $1,900 for various
expenditures related to the Centennial Celebration.
I II.
BACKGROUND I
A report was given to the City Council at a special meeting on May 8, 2007
including the attached work plan and budget for the City's 2008 Centennial
Celebration. The budget included a number of promotional items in the amount of
$18,019 to be funded through a donation from the Richfield Tourism and Promotion
Board. The remaining costs of the Celebration in the amount of $18,045 were
proposed to be funded through the City's general fund.
The City Council discussed the need for several expenditures to be incurred this
year such as float rental and decorations, and support for a parade marching band.
0612Centennial
. I III. BASIS OF RECOMMENDATION I
IA. POLICY I
. It is the policy of the City of Richfield to include budget aberrations in the
form of a revised annual budget. Several additional expenditures related
to the Centennial Celebration that were discussed by City Council at a
previous special meeting will be included in the 2007 revised general fund
budget. The purpose of this staff report is to confirm City Council's desire
to include these expenditures in the 2007 revised general fund budget.
I B. CRITICAL ISSUES I
. This year's Fourth of July Celebration is less than one month away
and immediate action is required to arrange a float for the
Celebrations Commission and an additional marching band.
I C. FINANCIAL I
. The cost of an additional float and decorations is $400 and the cost of
an additional marching band is $1,500. A total expenditure of $1 ,900
will be added to the 2007 revised general fund budget of the
Recreation Services Department to cover these expenditures.
. The City received a donation in the amount of $18,019 for a number of
. promotional items related to the Centennial including street banners,
parade stickers, miniature flags, bumper stickers, banners, posters,
and advertising. Most of these items will be purchased in 2007 and
identified in the revised budget within a donation account.
. The remaining costs of the Celebration to be spent in 2008 in the
amount of $16,145 will be included in the proposed 2008 general fund
budget for City Council to consider at a future date.
I D. LEGAL
. None
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Decline to authorize or reduce the amount of additional expenditures for the
Centennial Celebration.
Iv. ATTACHMENTS
. Centennial Celebration Work Plan
. Centennial Celebration Budget
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
.
.
.
loH~1
CELEBRATIONS COMMISSION WORK PLAN
April 26, 2007
Overview The 1 oath Anniversary of the City of Richfield will be celebrated in the year 2008.
The Celebrations Commission will serve as a catalyst to encourage a base of existing City
agencies_and organizations to incorporate the presence of the Celebration in their events and
programming throughout the year. The Commission will develop a centennial logo for others to
use and will plan a few additional events of their own.
The Centennial Commission will focus its effort on the Fourth of July Celebration, which has a
longstanding history of coordinating a number of successful activities that attract a significant
number of people. The City's 100th Birthday will be celebrated in the Fourth of July Parade,
Street Dance and Fireworks Display, and the dedication of the Richfield Veterans Memorial.
During this time, the Commission will launch a radio promotional campaign aimed at the greater
metropolitan area to communicate the attributes of the City.
The Historical Society will be commissioned to prepare a book commemorating the history of
Richfield, to be made available to the public. The SunCurrent will be asked to feature news
stories from the past in a special weekly column throughout the year.
Partnering Agencies and Organizations The Celebrations Commission will invite
representatives from each of the following groups individually to planning sessions to discuss
how the Celebration can be expanded. A Commission member will be assigned to follow up
with each group to insure involvement. Each group will have access to the Celebration logo,
banners, and promotional materials.
Richfield Tourism and Promotion Board
Richfield Fourth of July Committee
SunCurrent Newspaper
Richfield Historical Society
Richfield Chamber of Commerce
Honoring All Veterans Memorial, Inc.
City of Richfield
Hennepin County Library
Richfield Public and Private Schools
Richfield Visions
Richfield Beautiful
Arts Commission
Richfield Ministerial Association
HUB Association
Richfield Civic Groups
Richfield Garden Club
Schedule of Preparation
January, 2007
. Finalize Work Plan
. Complete Budget
. Meet with Tourism Board
February, 2007
. Present Work Plan to City Council
. Meet with SunCurrent
. Meet with Veterans Memorial Taskforce
. Plan Marketing Promotion Plan
March, 2007 IOf-{-1-
. Meet with Richfield Historical Society
. . Meet with Richfield Schools
. Meet with Hennepin County Library
. Develop Budget
April, 2007
. Meet with Richfield Chamber of Commerce
. Meet with Arts Commission
. Meet with Honoring All Veterans Memorial, Inc.
. Complete Budget
May, 2007
. Council approval of budget
. Meet with Richfield Ministerial Association
. Meet with Richfield Beautiful
. Meet with City Departments
. Launch Web-site
June, 2007
. Meet with Civic Groups (Lions, Optimists, Rotary)
. Meet with Richfield Garden Club
. Meet with HUB Association
.
August, 2007
. Begin ongoing meetings with Fourth of July Committee
. Meet with Visions Committee
October, 2007
. Install Street Banners
. Finalize Schedule of Events
. Historical Society Book available for sale
Event Schedule
December 31,2007 New Years Eve Fire & Ice
New Years Eve Skating
January, 2008 Launch Weekly Historic Articles
Feature Article about Celebration
Remodeling Fair
Certificates for new Babies
February, 2008 Medallion Hunt
???
Recognition of Asian New Year
March, 2008 Richfest
.
May, 2008
Salute to Small Business
Veterans Memorial Dedication
FOWL Dinner
Farmers Market
Richfield Recreation Services
SunCurrent - ongoing
SunCurrent
Visions
City Council - Ongoing
Celebration Commission
Richfield Schools
Richfield Library
Human Rights Commission
Richfield Chamber of Commerce
Veterans Memorial Taskforce
Richfield Recreation Services
Richfield Recreation Services
.
.
.
June 2008
July, 2008
August, 2008
September, 2008
October, 2008
November, 2008
December, 2008
joH'3
Richfield Beautiful
Pool Opening - Teen Dance
Summer Concerts in the Park
Fourth of July Celebration
Metro-wide Radio Advertising
Urban Wildland Half Marathon
National Night Out
FOWL Ball Classic
Cattail Days
Rotary Wine Tasting
Poetry Contest
Chamber Gala
New Years Eve Fire & Ice
New Years Eve Skating
City of Richfield
Richfield Recreation Services
Richfield Recreation Services
Fourth of July Committee
Celebrations Commission
Richfield Recreation Services
Richfield Public Safety
Richfield Recreation Services
Visions
Rotary, Richfield Liquor Store
Richfield Library
Chamber of Commerce
Richfield Recreation Services
.
.
.
JoH-Y
RICHFIELD CENTENNIAL BUDGET
Page 1
PROMOTION Item Quantity Price Cost
Promotion - Give Away Parade Stickers 1 0000 $ 0.06 $ 600
Miniature Centennial Flags 5000 $ 0.22 $ 1,100
Bumper Stickers 500 $ 1.58 $ 790
Total $ 2,490
Other Promotion Street Banners with Bracket 30 $ 146.00 $ 4,380
Street Banners wlo Bracket 32 $ 82.00 $ 2,624
Logo Banners with Stand 5 $ 275.00 $ 1,375
Podium Banners 6 $ 75.00 $ 450
Print Schedule and Posters $ 1,000
Metrowide Radio Advertising $ 5,700
Total $ 15,529
Total Promotion $ 18,019
EVENT SUPPORT Item Quantity Price Cost
4th of July Support $ -
Street Dance Entertainment 1 $ 4,000.00 $ 4,000
Marching Bands 3 $ 1,500.00 $ 4,500
Float Rental 2 $ 250.00 $ 500
Float Decoration 2 $ 200.00 $ 400
Centennial Baby Certificates Printing $ 50
Medallion Hunt Medallion Hunt Prize 1 $ 500.00 $ 500
Medallion 1 $ 100.00 $ 100
Birthday Party Cake & refreshments 1 $ 120.00 $ 120
Invitations 500 $ 0.75 $ 375
Other $ 7,500
Total Event Support $ 18,045
I TOTAL COST
I $ 36,064 I
RESALE Item Quantity Price Cost
Cost of Goods Blinking Buttons 5000 $ 1.56 $ 7,800
White Tee Shirts 250 $ 6.00 $ 1,500
Color Tee Shirts 250 $ 8.00 $ 2,000
Embroidered Hat 144 $ 11.98 $ 1,725
Lapel Pins 300 $ 2.55 $ 765
Mouse pads 200 $ 2.00 $ 400
Total Cost of Goods $ 14,190
.
.
.
i () 1-f--5
RICHFIELD CENTENNIAL BUDGET
Page 2
Breakeven Analysis Blinking Buttons 1560 $ 5.00 $ 7,800
White Tee Shirts 150 $ 10.00 $ 1,500
Color Tee Shirts 167 $ 12.00 $ 2,000
Embroidered Hat 123 $ 14.00 $ 1,725
Lapel Pins 219 $ 3.50 $ 765
Mouse pads 133 $ 3.00 $ 400
Total Breakven Revenue 14190
.
.
.
.-
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
101
151
STAFF REpORT
RJCHBEtl;)
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
MARK HALL, FLEET AND PARKS
SUPERVISOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Purchase of an aerial lift truck for use by the Street Maintenance Division.
1. RECOMMENDED ACTION:
By Motion: Accept the bid minutes/tabulation and approve the
purchase of a new aerial lift and body from ABM Equipment and
Supply, LLC, for $70,021.62 includin sales tax.
I II. BACKGROUND I
Unit 352, a 1990 Ford-Telelect aerial lift truck is scheduled for replacement for the
Streets Division. Its primary use is for light & sign repair. This unit is sixteen years
old and has far exceeded its original life expectancy of ten years. Many major
repairs have been done over the last five years to keep it running, but it is time to
replace this unit, as future repairs will become cost ineffective. Three
manufacturers requested the specifications that staff had prepared,
A formal bid opening for the purchase of the new aerial lift truck was held on May
23, 2007 with the following results:
Vendor
ABM Equipment
Truck Utilities
061207 AerialTruck
Amount
$70,021.62
$72,483.90
.
.
.
. .
The notice of bids for the aerial truck was published both in the Construction Bulletin
on May 10, 2007 and the Richfield Sun-Current on May 14, 2007 with the hope of a
greater response.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. ABM Equipment and Supply, LLC submitted the lowest qualifying bid
for this work.
I B. CRITICAL ISSUES I
. Approval at the June 12, 2007, Council Meeting will facilitate delivery
of the new Aerial Truck.
I C. FINANCIAL I
. The approved 2007 budget contains $100,000.00 for the purchase of
the chassis, aerial lift, and body.
. Funding for this vehicle will be from tax levy and Central Garage
funds.
ID.
LEGAL I
. When the purchase of materials, merchandise, equipment or services
exceeds $50,000, sealed bids shall be solicited by public notice.
. The bid opening held on May 23, 2007, was in accordance with legal
requirements.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council could reject the bids and instruct staff to re-bid this piece of
equipment. However, staff does not believe we can obtain a better price
from a reputable contractor.
I V. A TT ACHMENTS
. Bid minutes/tabulation
j VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
-
ior--l
CITY OF RICHFIELD, MINNESOTA
. Bid Opening
May 23, 2007
2:30 p.m.
2007 New Aerial Lift Truck
Bid No. 07-35
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for a new aerial lift truck, as advertised in the
official newspaper on May 10, 2007 and the Construction Bulletin on May 14, 2007.
Present: Nancy Gibbs, City Clerk
Mark Hall, Fleet/Park Maintenance Supervisor
i Cheryl Krumholz, City Manager Representative
I
, The following bids were submitted and read aloud:
Bidder's Name Bond Total Base Bid
I .
I Truck Utilities Inc. Provided $72,483.90
ABM Equipment & Supply Provided $70,021.62
I
The City Clerk announced that the bids would be tabulated and considered at the June 12,
2007 City Council Meeting.
Nancy Gibbs City Clerk
.
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
lOJ
152
.......
STAFF REpORT
RICHF.IELD'
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
ROBERT HINTGEN, ASSISTANT
UTILITY SUPERINTENDENT
NAME. TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
DEPARTMENT DIRECTOR E]/
REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a new Ford F-250 utility pickup for use by the Utility
Maintenance Division.
1. RECOMMENDED ACTION:
By Motion: Approve the purchase of a Ford F-250 with utility box in
the amount of $38,787.77 (price does not include sales tax) consisting
of the following items:
. Ford F-250 from Elk River Ford in the amount of $17,469.27.
. Utility Box & built in (engine) air compressor from ABM equipment
in the amount of $21,318.00.
I II.
BACKGROUND I
Unit 395, a 1997 Ford F-250, currently used by the Utility Maintenance Division, is
fully depreciated and scheduled for replacement in 2007. This pickup truck is a
multipurpose vehicle used for utility maintenance.
Staff is recommending that the new truck be equipped with an air compressor that is
mounted on the engine. This compressor will eliminate the need for a towed trailer
for transporting an air compressor. Staff consulted with operations personnel from
0612pickup
.
other cities to confirm that engine-mounted compressors give superior performance.
The engine-mounted compressor adds $8,500 to the cost of the truck.
Purchase of a replacement has been coordinated through the State of Minnesota
Cooperative Purchasing Program. Under this program, the State of Minnesota
solicits bids from a variety of dealers for specific motor pool equipment. The low
bidder for the type of equipment required is then awarded a contract to supply
equipment to the participating members of the Cooperative Purchasing Program at
the low bid price. The City of Richfield participates in this program.
I III. BASIS OF RECOMMENDATION
I A. POLICY
. The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program
I B. CRITICAL ISSUES I
. Approval at the June 12, 2007 Council meeting will facilitate timely
delivery of the Ford F-250 pickup.
I C.
FINANCIAL I
. The approved 2006 Water Utility budget contained $30,000 for the
purchase of this vehicle. The revised 2007 budget will include the
purchase of the engine-mounted compressor for a total of $38,787.77
for the purchase of this vehicle.
. This purchase will have no reflection on the general fund. The water
department will be supplying 100% of the funds for this purchase.
.
I D. LEGAL
. When the purchase price of materials, merchandise, equipment, or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
I V . ATTACHMENTS
. None
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. None
.
e
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
10K
153
STAFF REpORT
Rl€HBIEU'JI)
~
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
ROBERT HINTGEN, ASSISTANT
UTILITY SUPERINTENDENT
NAME. TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
REVIEWED BY CITY
MANAGER:
ct
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a new Ford F-350 utility pickup for use by the Utility
Maintenance Division.
1. RECOMMENDED ACTION:
By Motion: Approve the purchase of a Ford F-350 with dump box in
the amount of $30,650.99 (price does not include sales tax) consisting
of the following items:
. Ford F-350 cab & chassis from Elk River Ford in the amount of
$21,253.99.
. Magnum Series Aluminum "dump box" from ABM equipment in the
amount of $9,397.00.
I II.
BACKGROUND I
Unit 398, a 1997 Chevrolet 3500 one ton with dump box, currently used by the
Utility Maintenance Division, is fully depreciated and scheduled for replacement in
2007. This pickup truck is a multipurpose vehicle used for utility maintenance.
Purchase of a replacement has been coordinated through the State of Minnesota
Cooperative Purchasing Program. Under this program, the State of Minnesota
0612onetonedump
.
.
.
I III.
solicits bids from a variety of dealers for specific motor pool equipment. The low
bidder for the type of equipment required is then awarded a contract to supply
equipment to the participating members of the Cooperative Purchasing Program at
the low bid price. The City of Richfield participates in this program.
BASIS OF RECOMMENDATION I
I A. POLICY I
. The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program
I B. CRITICAL ISSUES I
. Approval at the June 12, 2007 Council meeting will facilitate timely
delivery of the Ford F-350 pickup.
I C. FINANCIAL I
. The approved 2007 Wastewater Utility budget contains $40,000 for
the purchase of this vehicle.
. This purchase will have no reflection on the general fund. The
Wastewater department will be supplying 100% of the funds for this
purchase.
I D.
LEGAL
. When the purchase price of materials, merchandise, equipment, or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMME:t\TDATION(S) I
. Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
I V. A TT ACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
.
.
!.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
10L
154
STAFF REpORT
R1CHF1EtD
> . , ~/ ~ ,
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
ROBERT HINTGEN, ASSISTANT
UTILITY SUPERINTE1\TDENT
NAME. TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
r:v/
C::.J
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of a new Ford F-450 utility pickup for use by the Utility
Maintenance Division.
1. RECOMMENDED ACTION:
By Motion: Approve the purchase of a Ford F-450 with utility box with
crane in the amount of $59,334.99 (price does not include sales tax)
consisting of the following items:
. Ford F-450 cab & chassis from Elk River Ford in the amount of
$32,977.99.
. Fiberglass utility body with crane from ABM equipment in the
amount of $26,357.00.
I II.
BACKGROUND I
Unit 397, a 1997 Chevrolet 3/4 ton, currently used by the Utility Maintenance
Division, is fully depreciated and scheduled for replacement in 2007. This pickup
truck is a multipurpose vehicle used for utility maintenance. This vehicle has a plow
on it and is used for plowing of utility divisions properties as well as acting as a
backup for other departments.
0612crane
~
, .
"
.
With the addition of some larger pull behind equipment and with only one crane to
pull pumps at lift stations, staff wanted to add a vehicle to ensure there was
sufficient equipment for emergencies. This vehicle will meet all MN Dot regulations
for pulling all our larger equipment and will add a second crane for pulling pumps.
Purchase of a replacement has been coordinated through the State of Minnesota
Cooperative Purchasing Program. Under this program, the State of Minnesota
solicits bids from a variety of dealers for specific motor pool equipment. The low
bidder for the type of equipment required is then awarded a contract to supply
equipment to the participating members of the Cooperative Purchasing Program at
the low bid price. The City of Richfield participates in this program.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City of Richfield participates in the Minnesota State Cooperative
Purchasing Program
I B. CRITICAL ISSUES I
. Approval at the June 12,2007 Council meeting will facilitate timely
delivery of the Ford F-450 pickup.
.
I C.
FINANCIAL I
. The approved 2006 Wastewater Utility budget contained $40,000 for
the purchase of this vehicle. However, staff felt the vehicle could last
one more year thus the revised 2007 budget will show $64,000 for the
purchase of this vehicle.
. The additional monies to purchase this vehicle will be supplied by the
wastewater division and will have no reflection on the general fund.
I D. LEGAL
. When the purchase price of materials, merchandise, equipment, or
construction exceeds $25,000.00, authority to purchase shall be
submitted to the City Council for consideration.
I IV. ALTERNATIVE RECOMMENDATION(S)
. Council may delay approval to a later meeting. Delayed approval, however,
will result in delayed delivery.
I V. A TT ACHMENTS
. None
.
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. None
.
.
.
,
~-
. .
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
10M
155
.....
STAFF REpORT
R10HPlELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME. TITLE
COUNCIL PRESENTER:
DEP ARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of second amendment to the Cost Participation Agreement between
Hennepin County and the City of Richfield for the reconstruction of 66th Street and Portland
Avenue intersection.
1.
RECOMMENDED ACTION:
By Motion: Approve the amendment to the Cost Participation
Agreement between Hennepin County and the City of Richfield to
receive additional County funds for the 66th Street and Portland
Avenue intersection project.
I II.
BACKGROUND I
At the January 9, 2007 Council Meeting, Council approved the first Cost
Participation Agreement amendment with Hennepin County allowing the City to
receive up to $3.5 million in Hennepin County Community Works Grant funds to go
toward the 66th Street and Portland Avenue intersection project.
This recommended agreement amendment would amend the $3.5 million to a new
total of $4.0 million from Hennepin County. The attached 66th Street & Portland
Avenue Intersection Funding spreadsheet reflects the change.
0612HCAgreement
I III. BASIS OF RECOMMENDATION I
. I A. POLICY I
. I mprovements to the intersection of 66th Street and Portland Avenue
are identified in the City's Comprehensive Plan.
I B. CRITICAL ISSUES I
. The County funds will be used on the project in place of additional
MSA funds.
I C. FINANCIAL I
. Approval of the cost participation agreement amendment will provide
the City with additional funds needed to complete the intersection
project. In addition, these funds will release some of the anticipated
financial burden on the Municipal State Aid funds that would have
been used in place of County funds.
I D. LEGAL I
. The City Attorney has reviewed the proposed agreement amendment.
.
I IV . ALTERNATIVE RECOMMENDA TIONe s) I
. Do not approve the amendment. This could delay acquisition of right-of-way
or place an additional financial burden on the City by refusing to use County
funds.
I V. A TT ACHMENTS I
. Second Amendment to Cost Participation Agreement between Hennepin
County and the City of Richfield for the reconstruction of 66th Street and
Portland Intersection.
. 66th Street & Portland Avenue Intersection Funding spreadsheet.
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. None anticipated.
.
.
.
.
"\
10m-I
Hennepin County Contract No. A060859
SECOND AMENDMENT TO
COST PARTICIPATION AGREEMENT
FOR THE RECONSTRUCTION OF 66TH STREET AND PORTLAND INTERSECTION
This Agreement made and entered into by and between the County of Hennepin, State of
Minnesota, hereinafter referred to as the "COUNTY", A-2300 Government Center, Minneapolis,
Minnesota 55487, on behalf of the Hennepin County Department of Housing, Community Works
and Transit, 417 North Fifth Street, Suite 320, Minneapolis, Minnesota 55401-1362, and the City
of Richfield, a Minnesota municipal corporation, hereinafter referred to as the "CITY", 6700
Portland Avenue, Richfield, Minnesota 55423, on behalfofthe Richfield Public Works
Department.
WHEREAS, the parties entered into Contract No. A060859 (the "Agreement") as
authorized by Hennepin County Board Resolution No. 06-336; and
WHEREAS, the parties entered into Amendment 1 of the Agreement as authorized by
Hennepin County Board Resolution No. 07-1-11Rl; and
WHEREAS, the Agreement between the parties provides for the COUNTY to contribute
to the project for the reconstruction of the intersection at 66th Street and Portland Avenue; and
WHEREAS, Amendment 1 to the Agreement increased the COUNTY'S contribution,
extended the term, and provided the funds to be used for construction purposes; and
WHEREAS, the parties wish to further amend the Agreement to further increase the
COUNTY's contribution.
NOW, THEREFORE, the parties agree to amend Section I of the Agreement to read as
follows:
1. Term and Cost of the Agreement. The CITY agrees to furnish services described
in Section 2 during the period commencing August I, 2006 and terminating December 31, 2009,
for an amount not to exceed $4,000,000.00.
Except as previously amended and as herein amended, the terms, conditions and
provisions of the original Agreement shall remain in full force and effect.
.
.
.
...
10 fY)-~
COUNTY BOARD APPROVAL
CITY, having signed this amendment, and the Hennepin County Board of
Commissioners having duly approved this amendment on the _ day of , 2007
and pursuant to such approval, the proper County officials having signed this amendment, the
parties hereto agree to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
By:
Chair of Its County Board
Date:
APPROVED AS TO FORM:
And:
Acting County Administrator
Date:
By:
Assistant County Attorney
Date:
And:
Assistant County Administrator, Public
Works
Date:
APPROVED AS TO EXECUTION:
RECOMMENDED FOR APPROVAL
By:
Assistant County Attorney
Date:
By:
Director, Department of Housing,
Community Works & Tra.'1sit
Date:
CITY OF RICHFIELD
By:
Its: Mayor Debbie Goettel
And:
Its: City Manager Steve Devich
2
.
.
.
lofY)-j
66th Street & Portland Avenue Intersection Funding
June 5, 2007
Totals
Expenditures - Construction I
Engineering $ 750,000
Road Construction $ 3,400,000
($300k streetscape)
Expenditures - Right of Way
Right - of - Way $ 4,750,000
Project Total 8,900,000
Funding Sources
Federal Highway Grant $ 2,220,000
County CSAH Funds $ 210,000
City MSA Funds $ 2,470,000
County Community Works $ 4,000,000
Sources Total $ 8,900,000
Schedule: Construction will begin in the spring 2008.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
ION
156
~
STAFF REPORT
RICHFIELD
I
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
HAM/;. Tnu;
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the attached two-year lease between the City of Richfield and Tom Price for
the rental of a 4,690 s uare-foot stri of land alon the ed e of Lincoln Field.
I. RECOMMENDED ACTION:
By Motion: Approve the attached two-year lease between the City of
Richfield and Tom Price for the rental of a 4,690 square-foot strip of
land alon the ed e of Lincoln Field.
I II. BACKGROUND I
Mr. Price, owner of the Woodlawn Terrace trailer court, has leased the northern ten
feet of Lincoln Fields for many years. The lease is for a two-year term, however, it
also indicates that the City may cancel the lease by written notice (90-day notice if
the City determines a need to use or modify the land and 180-day notice for any
reason).
. I III. BASIS OF RECOMMENDATION
I A. POLICY
0612 tom price lease
.
.
.
.
The City has had this arrangement with Mr. Price for many years and it
has never created a problem.
The arrangement is revisited every two years.
.
I B. CRITICAL ISSUES I
. The City does not have an immediate need for the land, although that
may change with the commencement of Phase II of the Ballfield
Replacement Plan at Lincoln Field.
I C. FINANCIAL I
. Mr. Price and City staff have agreed upon an amount of $1 ,400 for the
two-year lease.
I D. LEGAL I
. The attached lease agreement is identical to the one approved two
years ago, which was reviewed by the City Attorney.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the two-year lease with Tom Price for the strip of land at
Lincoln Field.
IV.
ATTACHMENTS I
. Two-year lease agreement between the City and Tom Price.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
.
ION--l
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (the "Agreement") is made as of
August 1, 2007 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation (the
"City"), and THOMAS PRICE, an individual residing at 7421 Lyndale Avenue South, Richfield, MN
55423 ("Price").
RECIT ALS
A. Price is the owner of a tract of land which is legally described in the Property ID number 34
02824320015. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: THE S 5
ACRES OF THE N 10 ACRES OF NW 1 &4 OF SW 1 &4 AND THE N 4 FT THAT PART OF THE
NW 1&4 OF SW 1&4 LYING S OF THE N 10 ACRES THEREOF EX R R R&W AND THE ROAD
("Price Property").
B. The City is the owner of a parcel of land which is legally described in the Property ID
number 3402824320025. ADN UNPLATTED 34 028 24. METES/BOUNDS DESCRIPTION: W
468 68/100 FT OF E 493 68/100 FT OF THAT PART OF THE S 20 ACRES OF N 30 ACRES OF
NW 1/4 OF SW 1/4 LYING S OF THE N 4 FT THEREOF ("City Property").
C. Price is desirous of obtaining permission from the City to utilize a portion of the City
Property in conjunction with the mobile home park which Price operates on the Price Property.
This portion consists of the northern ten feet of the City property from the east to west boundaries,
approximately 4,690 square feet.
.
D. The City is willing to permit such use in return for Price's agreement to indemnify, protect,
defend, and hold harmless the City and to fulfill the other obligations contained herein pursuant to
this Agreement.
AGREEMENT
1. Offer and Acceptance of Agreement. Subject to the terms and conditions of This
Agreement, and in consideration of the covenants contained herein, the City and Price agree that
Price may use the City Property for the period commencing on August 1, 2007, and terminating
July 31, 2009 for a fee of $1,400 payable in two installments of $700. Payment one is due
immediately and payment two is due August 1, 2008.
2. Maintenance and Repair. Price shall, at his own cost and expense maintain and repair
City the Property and shall at all times keep it in compliance with regulations of the City. The City
shall have no responsibility for the maintenance or repair of the City Property.
.
3. Indemnification and Insurance.
(a) Price shall at all times defend, protect, indemnify, and hold harmless the City and its
agents, officers, servants, and employees from any and all claims for damages and other remedy,
including but not limited to costs and attorney fees, arising from or by reason of the maintenance,
use, and repair of the City Property. Nothing in this Agreement shall be construed as a waiver by
the City of any immunities, defenses, or other limitations on liability to which the City is entitled by
law, including but not limited to the maximum monetary limits on liability established by Minnesota
Statutes, Chapter 466.
0612 tom price lease
.
.
.
ION -a.
(b) Price, at his sole cost and expense, shall maintain in full force and effect during the
term of this Agreement general liability insurance in the minimum amounts of $1,000,000 bodily
injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; and
$500,000 property damage per occurrence. A certificate of insurance evidencing compliance with
this Agreement shall be provided to the City by Price. The City shall be named as an additional
insured on the insurance policy described herein, and such policy shall contain a stipulation that
Price's insurer will provide thirty (30) days prior written notice of cancellation of such insurance to
the City. The insurance shall be carried by solvent and responsible insurance companies licensed
to do business in the State of Minnesota.
4. Miscellaneous Provisions.
(a) Any titles of the several Paragraphs of the Agreement are inserted for convenience of
reference only and shall be disregarded in construing or interpreting any of its provisions.
(b) Any notice, demand, or other communication under this Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(i) in the case of Price, is addressed to or delivered personally to Price at 7421
Lyndale Avenue South, Richfield, MN 55423, and
(ii) in the case of the City, is addressed to or delivered personally to the City at the
Richfield Community Center, 7000 Nicollet Avenue South, Richfield, MN 55423 or at such other
address with respect to either such party as that party may, from time to time, designate in writing
and forward to the other as provided in this Paragraph.
(c) This Agreement may be executed in any number of counterparts, each of which shall
constitute one and the same instrument.
(d) This Agreement constitutes the entire agreement between Price and the City with
respect to the City Property and supersedes any other written or oral agreements between the
parties on that subject. This Agreement can be modified only in a writing signed by the parties.
(e) The City may terminate this Agreement:
(i) if the termination is based upon health, safety or the need to make
modifications within the City Property or by Price's transfer or sale of the Price Property, by the
giving of 90 days written notice to Price; or
(ii) otherwise by the giving of 180 days written notice to Price. The termination
shall be effective at the end of such notice period, at which point neither party shall have any
further obligation hereunder, except that Price's obligations under paragraph 3 shall survive. Price
shall remove all structures from the City Property and restore the City Property to its previous
condition not later than the effective date of the notice.
(f) Price agrees to make no claim against the City for damages which Price may suffer as
a result of the City's termination of this Agreement.
(g) Except as specifically set forth herein, nothing in this Agreement shall be construed to
exempt Price from or waive the application of any federal, state, or local law, rule, or regulation.
(h) Nothing in this Agreement shall be construed as abandonment of the City Property by
the City or as any relinquishment of any right the City may have with regard to the Property. Price
specifically acknowledges and agrees that its construction and maintenance of the Property is at
the sufferance of the City and subject to the City's right to terminate such use in accordance with
the provisions in paragraph 4(e) hereof.
.
.
.
ION~3
(i) In the event that the use of the City Property under this Agreement renders the City
Property taxable, Price agrees to pay, before penalty attaches, all ad valorem property taxes or
other similar taxes levied against the City Property.
U) This Agreement may be extended by the parties from time-to-time and
upon such terms as they shall mutually agree to.
(k) No new structure shall be erected on the City Property without the prior written
consent of the City; and, Price shall not use the City Property for any purpose other than in
connection with the mobile home park without the prior written consent of the City.
IN WITNESS WHEREOF, Price and the City have executed this Agreement this 12th day of June,
2007.
CITY OF RICHFIELD
By
Debbie Goettel
Its Mayor
And
Steven L. Devich
Its City Manager
Thomas Price
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
CONSENT
100
157
.....
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
RICHARD REGNIER, CHIEF BUILDING
OFFICIAL
NAME. T/7U
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
181
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the continuation of the plumbing and mechanical inspections and code
enforcement contract with the City of Bloomington for provision of inspection services for
Richfield for the ear 2007.
I.
RECOMMENDED ACTION:
By Motion: Approve the attached contractual agreement with the City
of Bloomington to provide various types of plumbing and mechanical
inspections and code enforcement for the City of Richfield for the
ear 2007, with chan es in costs.
I II.
BACKGROUND I
The City of Bloomington has provided inspection and enforcement services in the
areas of plumbing, heating and air conditioning for many years.
The proposed contract for 2007 for plumbing, heating and air conditioning inspection
services will be $98,850, compared to the 2006 contract amount of $94,060. This
figure reflects a 5-1/2% increase in charge to the City of Richfield. Bloomington
0612 Bloomington Building Inspections Contract for 2007
.
.
.
I IV.
IV.
I VI.
indicates that the increased charges are based on their 2007-2008 budget and
Richfield's actual use of services during 2006.
The contract presented to the Council on June 12, 2007 is for one year only.
The terms of the contract provide for the contract to be terminated upon the expiration
of 30 days after the service of written notice upon the other party, if there should be a
need to terminate it before it expires December 31, 2007.
I B. CRITICAL ISSUES I
. The City of Bloomington has sufficient resources to provide a professional
level of inspection services to Richfield residents. Annual evaluations of
their services have shown that they are providing efficient services in a very
cost-effective manner.
I C. FINANCIAL I
. The cost of this contract will be recovered by permit fee revenue.
I D. LEGAL
. N/A
ALTERNATIVE RECOMMENDATION(S) I
. The Council could decide to have Richfield provide its own plumbing, heating and
air conditioning services. The cost of hiring the staff necessary to provide the
same level of services and administrative support would be more than current
expenditures and would require a budget increase.
. The Council could decide to compensate the City of Bloomington at a lower rate
that would require designated reductions in services or programs.
A TT ACHMENTS I
. 2007 City of Bloomington Inspections contract.
PRINCIPAL PARTIES EXPECTED AT MEETING
. None
'0 0-1
AGREEMENT
. This Agreement is made this 12th day of June 2007, by and between the City of
Richfield (hereinafter referred to as "Richfield") and the City of Bloomington (hereinafter
referred to as "Bloomington").
WHEREAS, Richfield is authorized and empowered to provide for various types of
building inspections and code enforcement to ensure the public health, welfare and safety;
and
WHEREAS, it is the desire of the parties and the purpose of this agreement that
certain of such services be performed by Bloomington on behalf of Richfield;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the above parties hereto agree as follows:
1. The term of this agreement shall be from January 1, 2007 through December 31,
2007, subject to termination as provided in paragraph 7.
2. For the term of this agreement, Bloomington shall provide Richfield with the
. following services, in and on behalf of Richfield:
a. Plumbing inspections, plan review and code enforcement as necessary.
b. Heating, ventilation, and air conditioning inspections, plan review and code
enforcement for new and existing residential structures and
commercial/ind ustrial applications.
3. Bloomington shall have control over the manner in which the inspections, plan
review and code enforcement activities are conducted and over the determination of what
enforcement action is appropriate and consistent with Richfield City Code Section 400 and
other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
.
5. In 2007, Richfield shall pay Bloomington the sum of NINETY-EIGHT THOUSAND
EIGHT HUNDRED FIFTY AND NO/100 DOLLARS ($98,850) for services provided pursuant
to this agreement. One-half of this amount shall be due on June 30, 2007, and the remainder
shall be due on November 30,2007.
.
.
.
(0 o-~
6. This agreement shall terminate as follows:
a. Upon the expiration of 30 days after service of written notice upon the other
party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31, 2007.
7. In the event of a termination prior to December 31, 2007, a prorata reduction of the
compensation owed by Richfield to Bloomington shall occur which reflects the period
remaining on the agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and hold harmless Richfield, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Bloomington's performance of the duties required
under this Agreement, provided that any such claim, action, damage, loss or expense is
attributable to bodily injury, sickness, disease, or death or to the injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by any
negligent act or omission or willful misconduct of Bloomington. This provision shall not be
construed as a waiver by either party of any defenses, immunities or limitators on liability with
respect to claims made by third parties.
9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its
officials, agents and employees from and against all claims, actions, damages, losses and
expenses arising out of or resulting from Richfield's performance of the duties required under
this Agreement, provided that any such claim, action, damage, loss or expense is attributable
to bodily injury, sickness, disease, or death or to the injury to or destruction of property
including the loss of use resulting therefrom and is caused in whole or in part by any
negligent act or omission or willful misconduct of Richfield. This provision shall not be
construed as a waiver by either party of any defenses, immunities or limitators on liability with
respect to claims made by third parties.
10. Bloomington shall carry liability insurance in the amount of at least $300,000 per
individual and $1,000,000 per occurrence. Bloomington shall carry property damage liability
insurance in the amount of $100,000. Richfield shall be named as an additional insured, and
a certificate of said insurance shall be provided to Richfield. Bloomington shall carry
2
/ () 0-3
Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181,
. Subd. 2 and further agrees to provide a certificate of said insurance to the City of Richfield.
11. Any employee assigned by Bloomington to perform its obligations hereunder shall
remain the exclusive employee of Bloomington for all purposes including, but not limited to,
wages, salary and employee benefits.
.
.
I
L_
12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide for and on behalf of Richfield:
1) Electrical inspection and code enforcement services;
2) Building inspection and code enforcement services.
13. Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00
per hour, and said hourly rate shall be separate from, and in addition to, the payment
provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement shall
remain applicable with respect to the electrical and heating, ventilation and air conditioning
inspection services being provided.
14. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon
request, also provide building plan checking services for and on behalf of Richfield. Such
services shall be paid for by Richfield on an hourly basis at a rate of $62.00 per hour, and
said hourly rate shall be separate from, and in addition to, the payment provided for by
Paragraph 5 of this Agreement. All other provisions of this Agreement shall remain
applicable with respect to the building plan checking services being provided.
15. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties hereto
or as constituting the persons employed by Bloomington as the agent, representative or
employee of Richfield for any purpose or in any manner whatsoever. Bloomington is to be
and shall remain an independent contractor with respect to all services performed under this
contract. Bloomington represents that it has, or will secure at its own expense, all personnel
required in performing services under this contract. Any and all personnel of Bloomington or
other persons, while engaged in the performance of any work or services required by
Bloomington under this contract, and shall not be considered employees of Richfield, and any
and all claims that mayor might arise under the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel or other persons while so engaged, and any and all
3
I 0 0 s-i
claims whatsoever on behalf of any such person or personnel arising out of employment or
. alleged employment including, without limitation, claims of discrimination against
Bloomington, its officers, agents contracts or employees shall in no way be the responsibility
of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its officers, agents
and employees harmless from any and all such claims regardless of any determination of any
pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall
not require nor be entitled to any compensation, rights or benefits of any kind whatsoever
from Richfield, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensations, Unemployment Compensation, disability,
severance pay and PERA.
.
.
16. The books, records, documents, and accounting procedures of Bloomington
relevant to this Agreement, are subject to examination by Richfield and either the legislative
or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subd. 5.
17. This Agreement represents the entire Agreement between Bloomington and
Richfield and supersedes and cancels any and all prior agreements or proposals, written or
oral, between the parties relating to the subject matter hereof, any amendments, addenda,
alterations, or modifications to the terms and conditions of this Agreement shall be in writing
and signed by both parties.
18. Bloomington and Richfield agree to comply with the Americans With Disabilities Act
and not to discriminate on the basis of disability in the admission or access to, or treatment of
employment in its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all services, programs, and
activities. Bloomington has designated coordinators to facilitate compliance with the
Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S.
Department of Justice regulations, and to coordinate compliance with Section 504 of the
Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing
and Urban Development regulations. For information contact Human Services Division, City
of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone:
952/563-8700; TOO: 563-8740. Richfield agrees to hold harmless and indemnify
Bloomington from costs, including but not limited to damages, attorney's fees and staff time,
in any action or proceeding brought alleging a violation of ADA by Richfield. Bloomington
agrees to hold harmless and indemnify Richfield from costs, including but not limited to
4
10 0-5
damages, attorneys' fees and staff time, in any action or proceeding brought alleging a
. violation of ADA by Bloomington.
19. The City of Bloomington and the City of Richfield agree to submit all claims,
disputes and other matters in question between the parties arising out of or relating to this
Agreement to mediation. The mediation shall be conducted through the Mediation Center,
1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether
mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation
shall be non-binding. In the event mediation is unsuccessful, either party may exercise its
legal or equitable remedies and may commence such action prior to the expiration of the
applicable statute of limitations.
20. Both parties agree to comply with all applicable state, federal and local laws, rules
and regulations.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year
first written above.
.
Upon proper execution, this Agreement
CITY OF BLOOMINGTON
By:
Its Mayor
By:
Its City Manager
shall be a legal and binding obligation upon
the City of Bloomington
City Attorney
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
.
5
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC HEARINGS
12
158
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME. TiTLE
COUNCIL PRESENTER:
DEP AR TMENT DIRECTOR
REVIEW:
Er'
ri
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request to amend a conditional use permit to allow an increase in the
number of persons to be served by day care at 7132 Portland Avenue (Hope Presbyterian
Church.
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve the
resolution authorizing an amendment to a conditional use permit to
allow day care services for up to 155 persons at 7132 Portland
Avenue.
I II. BACKGROUND I
A conditional use permit (CUP) to allow a "Latch Key" day care program at Hope
Presbyterian Church was first approved in 1988. This permit was subsequently
amended in 1991 to increase the number of persons that could be served to 65.
Kinderberry Hill Childhood Development Center (Kinderberry Hill) is in the process
of remodeling and renovating their existing facility in Edina. Kinderberry Hill is
looking for a facility to temporarily accommodate their children for the summer.
Hope Presbyterian Church (Church) has agreed to lease available space to
Kinderberry Hill for this purpose.
061207 - ACUP 7132 Portland
.
Over the summer, the Church will serve 20 children in its "Latch Key" program, as
well as five adults that are currently served by Martin Luther Manor Hope Adult Day
Center. They would like to provide space to accommodate 130 Kinderberry Hill
children as well. The Church is requesting that their CUP be amended to allow for
the service of 155 persons.
I III.
.
.
BASIS OF RECOMMENDATION I
I A. POLICY I
Day care facilities serving more than 12 persons are a conditional use in the R
District. The findings necessary to issue a CUP (546.05, Subd. 6) are as follows:
a) The proposed use is consistent with the goals, policies and objectives of
the City's Comprehensive Plan. This requirement is met. The property is
designated as "Quasi-Public," which is consistent with a Church I day
care facility.
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. This requirement does not apply, as
there are no official redevelopment plans for this area.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 of this Code. This requirement does
not apply, as no physical changes will be made to the property.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety
or welfare. This requirement is met.
f) This is a public need for such use at the proposed location. This
requirement is met.
g) The proposed use meets or will meet all the specific conditions set by this
Code for the granting of such conditional use permit. This requirement is
met, as explained below.
Section 521.07, Subdivision 2 of the Zoning Code specifies four requirements for a
CUP to be issued for a day care facility serving more than 12 persons, as follows:
a) The day care shall abut a collector or arterial street if it is NOT an
accessory use. This requirement is met.
b) Parkinq lot and screeninq requirements shall be met. This requirement is
met.
c) Desiqnated pick-up and drop-off areas shall be located on the site. This
requirement is met. While pick-up and drop-off areas are provided,
Kinderberry Hill requires that parents accompany their children into the
center.
d) Outdoor play areas shall be set back at least 15 feet from any lot line
which abuts a residential parcel. This requirement is met.
lB.
.
CRITICAL ISSUES I
. The former Portland School, owned by the Church since 1983, has
more than adequate room to serve 155 persons.
. Parking requirements for a day care facility serving 150 persons call
for 31 stalls. The site has 277 existing parking stalls.
. The hours of operation are generally from 6:00 AM to 6:00 PM,
Monday through Friday, and will not interfere with weekend Church
services.
. While the Church is expected to house Kinderberry Hill for the
summer only, staff sees no reason to put an expiration date on the
CUP. Should the Church wish to continue to lease space for day care
services or expand their own day care after Kinderberry Hills moves,
they will be able to do so, so long as operation begins within one year
of Kinderberry Hill's vacation.
. Staff received one phone call requesting additional information about
this request. The resident did not oppose the proposal.
I C. FINANCIAL I
. The required CUP application fee has been paid.
ID.
.
LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on May 17, 2007. A decision must be given to the applicant
by July 16, 2007, OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or
120 days total) for issuing a decision.
. NOTIFICATION: Notification of this hearing was provided in
accordance with City and State requirements.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the requested amendment with a finding that the permit would have a
negative impact on adjacent properties or the City as a whole.
I V. A TT ACHMENTS
. Resolution
. Site Plan
. Zoning & land use maps
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. A. Peter Hilger, Architect
. Heidi Olson, Kinderberry Hill Operations Director
.
.
( a-I
RESOLUTION NO.
RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT
TO ALLOW DAY CARE SERVICES FOR UP TO 155 PERSONS AT
7132 PORTLAND AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
an amendment to a conditional use permit for day care facilities serving up to 155 persons
on land generally located at 7132 Portland Avenue, legally described as:
LOT 1, BLOCK 1, HOPE PRESBYTERIAN CHURCH ADDITION.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested amendment at 7132 Portland Avenue at its May 29, 2007
meeting; and
WHEREAS, this requested amendment at 7132 Portland Avenue meets those
requirements necessary for issuing a conditional use permit as specified in Richfield's
Zoning Code, Section 546.05, Subd.6; and
WHEREAS, the City has fully considered the request for approval of the amended
conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
.
1. A amended conditional use permit is issued to allow day care facilities serving
up to 155 children, as described in City Council Staff Report No. , on the
Subject Property legally described above.
2. This amended conditional use permit at 7132 Portland Avenue is subject to the
following conditions in addition to those specified in Section 521.07 Subdivision
2 of the City's Zoning Ordinance:
. That the recipient of this conditional use permit record this resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1
and Richfield Zoning Code 546.05, Subdivision 7.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
Debbie Goettel, Mayor
ATTEST:
.
Nancy Gibbs, City Clerk
061207 - ACUP 7132 Portland
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- -
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC HEARINGS
13
159
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME. TiTLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
o
Ei
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request for a conditional use permit to allow a Class II Restaurant with
seatin at 811 66th Street East.
1.
RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve the
resolution authorizing a conditional use permit to allow a Class II
Restaurant at 811 66th Street East.
I II.
BACKGROUND I
Ms. Kristine Ehlen is proposing to open a sandwich shop/delicatessen at 811 66th
Street East. A real estate office most recently occupied this space. The proposed
3D-seat restaurant would occupy 1,963 square feet of a 4,765 square foot shopping
center.
In 1998, a conditional use permit (CUP) for a 48-seat restaurant was approved for
this location. However, the applicant chose not to pursue this use. CUPs expire
one year after issuance unless the use for which the permit was granted has
commenced.
061207 - CUP 811 66th St E
. I III. BASIS OF RECOMMENDATION I
I A. POLICY I
Class II restaurants, defined as restaurants where food and non-intoxicating
beverages are either served and consumed while seated at a counter or table, or
selected by customers while passing through a service line and taken to a table for
consumption, are a conditional use in the C-2 District. The findings necessary to
issue a CUP (546.05 Subd.6) are as follows:
.
a) The proposed use is consistent with the goals, policies, and objectives of
the City's Comprehensive Plan. This requirement is met. The
Comprehensive Plan designates this site for neighborhood commercial
uses.
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. This requirement does not apply.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 of this Code. This requirement is met.
The performance standards for the buildings located at 811-817 66th
Street East and 6611 Chicago Avenue were all approved under a single
off-street parking permit on June 23, 1997. All of the approved
requirements continue to be met with the exception of the planting area at
the northwest corner of the parking lot and a tree that was removed from
behind 817 66th Street. These areas should be brought into
conformance with the approved landscape plans. This requirement must
be met regardless of whether or not this particular CUP is approved.
There are 24 parking spaces available in this portion of the development.
Requirements for a community shopping center require four spaces per
1,000 square feet or 20 spaces in this case.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety
or welfare. This requirement is met.
f) There is a public need for such use at the proposed location. This
requirement is met.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This requirement is
met. See below.
Class II Restaurants are conditional uses in the C-2 District, as specified in Section
526.27, Subdivision 7 of the Zoning Code. This section requires conformance with
the following requirements:
.
1. A buffer yard of not less than 25 feet in width shall be provided to separate all
aspects of such use from abuttinq residential parcels. This requirement does
not apply.
2. Alcoholic beveraqes shall not be served unless the lot abuts an arterial or
collector street. This requirement is met.
.
lB.
CRITICAL ISSUES I
. This location was approved for a larger restaurant in 1998.
. Staff received one phone call from a resident on Chicago Avenue who
had concerns about added traffic in the neighborhood and delivery
traffic on Chicago Avenue. A stipulation regarding the coordination of
deliveries that was part of the original 1998 CUP has been included in
this resolution.
. In regard to the above concern, the property owner has provided a
signed copy of notice reminding B&D Convenience that all deliveries
must be made behind the building and not on Chicago Avenue.
. On May 29,2007 the Planning Commission voted unanimously to
recommend approval (7-0).
I C. FINANCIAL I
. The required processing fee has been paid.
ID.
LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on May 17, 2007. A decision must be given to the applicant by
July 16, 2007, OR the Council must notify the applicant that it is extending
the deadline (up to a maximum of 60 additional days or 120 days total) for
issuing a decision.
. NOTIFICATION: Notification of this hearing was provided in accordance
with City and State requirements.
.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the requested CUP with a finding that the permit would have a negative
impact on adjacent properties or the City as a whole.
I V. A TT ACHMENTS
. Resolution
. Site and landscape plans
. Copy of letter signed by B&D Convenience
. Zoning & land use maps
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. Kristine Ehlen, applicant
.
.
/6-1
RESOLUTION NO.
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT
TO ALLOW A CLASS II RESTAURANT AT 811 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which request
approval of a conditional use permit to allow a Class II restaurant at 811 66th Street East,
legally described as:
LOT 1 AND THAT PART OF THE WEST '12 OF LOT 2 LYING WEST OF THE
EAST 10 FEET THEREOF, ALSO THAT PART OF THE EAST 10 FEET OF THE
WEST V2 OF LOT 2 LYING SOUTH OF THE NORTH 10 FEET THEREOF, BLOCK 3,
TERRACE GARDENS ADDITION.
WHEREAS, the Planning Commission of the City of Richfield has recommended
approval of this requested conditional use permit at 811 66th Street East at its May 29,
2007 meeting; and
WHEREAS, this requested conditional use permit at 811 66th Street East meets
those requirements necessary for issuing a conditional use permit as specified in
Richfield's Zoning Code, Section 546.05, Subd.6; and
WHEREAS, the City has fully considered the request for approval of the conditional
use permit.
.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A conditional use permit is issued for Class II restaurant, as described in City
Council Staff Report No. , on the Subject Property legally described
above.
2. This conditional use permit at 811 66th Street East is subject to the following
conditions in addition to those specified in Section 526.27 Subdivisions 7 of the
City's Zoning Ordinance:
. That landscaping be replaced so as to be in conformance with approved
plans on file with the Community Development Department.
. That the dumpster enclosure be approved by the Health Inspector for use by
a restaurant.
. That the property owner and tenants work together to coordinate deliveries
and keep trucks from parking on and blocking Chicago Avenue.
3. The conditional use permit shall remain in effect for so long as conditions
regulating it are observed, and the conditional use permit shall expire if normal
operation of the use has been discontinued for 12 or more months, as required
by the Zoning Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of
June, 2007.
.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
061207 - CUP 811 66th St E
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i3--ct
May 24, 2007
To Bill & Dan
B&D Convenience
813 East 66th St
Dear Bill & Dan,
We were recently informed by the City of Richfield that neighbors have complained
about your vendor delivery trucks being parked along ChicagoA ve. In the lease it states
that all deliveries are to be made behind your building in the access space allowed. A
copy of the complaint is on file at the city if you wish to see it.
Thank you for speaking to your vendors and make them aware of this situation.
Please sign and date this letter acknowledging that you are aware and will be handling
it. We will Ii ed it for an upcoming City meeting, so if you could get this back to us by
Friday May 5th, that would be app ciated.
Sign
/,-
Date
.
Pat Reiman
Arrangements Unlimited
817 East 66th St
Richfield Mn 55423
Any questions: Direct via letter to the above address
.
811 66th St E .. CUP 6/07
Surrounding Zoning
/3-5'
66th Street East
R
R
C-2 MR-2 MR-2
R C!)
MR-2 >
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C-2 0 R
C-2 - R
R W
R
R R
R R R
R R R
R R
R
R R
R R R R R R
R
R
VETERANS
MEMORIAL PARK
R
R
R
~-I
R
R
R
N
A
R - Single-family Residential
MR-2 - Multi-family Residential
C-2 - General Commercial
.
o 55 11 0
220
330
440
Feet
Community Development (MP)
5/16/07
- -
-.
.
811 66th St E - CUP 6/07
Surrounding Land Use
i?:>-(a
66th Street East
RES RES
COM APT APT
RES APT ell
>
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. RES ....
COM COM 0 RES RES
RES w
RES RES RES
RES RES
RES
RES RES RES
RES RES RES
RES RES RES RES RES RES
RES
VETERANS
MEMORIAL PARK
PRK
RES
RES
RES
RES
RES
RES
RES
N
A
RES - Single-family Residential
APT - Multi-family Residential
COM - Commercial
PRK - Park
.
o 55 11 0
220 330
440
Feet
Community Development (MP) "'
5/16/07 ~
- -
--
.
.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC HEARINGS
14
160
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINISTRATOR
NAME. TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
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REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a request to renew a temporary conditional use permit to allow auto sales and
leasin at 6529 Penn Avenue CarHo .
I. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve the
resolution authorizing renewal of a temporary conditional use permit
to allow auto sales and leasin at 6529 Penn Avenue.
I II.
BACKGROUND I
The property at 6529 Penn Avenue has been used for car sales and/or leasing
since April of 1990, when the property owner was first granted a temporary
conditional use permit (CUP). The temporary CUP was renewed in 1993, 1996,
2000, 2003 and 2006. The most recent renewal of the temporary CUP, in 2006,
was for a one-year period and expires on June 13, 2007. In the past, this permit
has been renewed for three-year periods. A one-year permit was requested last
year because the applicant was planning to relocate to 6501 Penn Avenue, the
current location of Bumper-to-Bumper. Due to changes in property ownership, the
relocation has not taken place. Therefore, the owner of CarHop is applying for a
three-year renewal of the temporary CUP as they have done in the past.
No changes are proposed for either the use or the design of the property.
061207 - CUP 6529 Penn (CarHop)
I III. BASIS OF RECOMMENDA nON I
. I A. POLICY I
Auto sales/leasing is a conditional use in the C-2 district. The findings necessary to
issue a CUP (546.05, subd. 6) are as follows:
a) The proposed use is consistent with the goals, policies, and objectives of
the City's Comprehensive Plan. The requirement is met. The property is
designated as "Regional Commercial/Office," which is consistent with an
auto sale and leasing lot.
b) The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. When the property first became an
auto sales lot in 1990, the Council found that the use was not consistent
with The Design Framework Manual for the Penn Avenue and Sixty-Sixth
Street Area (PASSS Study) and determined that a temporary CUP was
warranted. Since that time, redevelopment of the Penn Avenue and 66th
Street area has not been undertaken. Staff believes that an extension of
the temporary CUP is warranted.
c) The proposed use is or will be in compliance with the performance
standards specified in Section 541 ofthis Code. This requirement is met.
Lighting, parking, building treatments and stormwater management are all
provided in accordance with Section 541 of the City Code. Landscaping
is adequate given the size of the parcel, and utilities are provided from the
rear of the property.
d) The proposed use will not have undue adverse impacts on governmental
facilities, utilities, services, or existing or proposed improvements. This
requirement is met.
e) The use will not have undue adverse impacts on the public health, safety
or welfare. This requirement is met. Public Safety does not have any
concerns regarding the renewal of this temporary permit.
f) There is a public need for such use at the proposed location. Automobile
sales and lease lots are a public need given the high percentage of the
community that uses automobiles.
g) The proposed use meets or will meet all the specific conditions set by this
code for the granting of such conditional use permit. This requirement is
met, as explained below.
.
.
Auto sales/leasing is a conditional use in the C-2 district, as specified in Section
526.27, Subdivision 11 of the zoning code. This section of the Zoning Code
specified eight requirements for a conditional use permit to be issued for auto
sales/leasing, as follows:
a) The business shall be licensed. This requirement is met.
b) The use shall not abut a lot which is in the R or R-1 district. This requirement is
met.
c) A buffer yard of not less than 15 feet in width shall be provided to separate all
aspects of such use from abuttinq parcels. This requirement is met on the
eastern edge of the parcel, where it abuts parcels that are zoned MR-2 -
Medium Density Residential. This requirement is not met on the north and
south edge of the parcel, where it abuts commercial properties, where a smaller
buffer of sod exists. . However, requiring 15-foot buffers on the north and south
sides of the parcel would severely limit the use and viability of the parcel.
d) Landscapinq for the site, includinq display areas, shall meet City requirements.
This requirement is met. A significant landscaped area exists on the south side
of the parcel.
.
e) Inoperable vehicles shall not be stored on the premises. This requirement has
been met in the past, and the applicant states that this requirement will continue
to be met.
f) Parkinq of vehicles in the public riqht-of-way is prohibited. This requirement has
been met in the past and will continue to be met by the applicant.
g) All repair, disassembly, maintenance, and detailinq of vehicles shall occur within
an enclosed buildinq. This requirement has also been met in the past and will
continue to be met by the applicant.
h) Any exterior speaker shall comply with Section 930 of the City Code. This
requirement does not apply because there are no exterior speakers, nor plan to
add exterior speakers.
I B. CRlTICAL ISSUES I
. The site has been used for auto sales and leasing for the last 16
years.
. The City has begun the planning process for developing a vision for
this area; however, there have been no related redevelopment efforts
that would be incongruent with the renewal of this permit.
. Public Safety does not have any concerns regarding the renewal of
this permit.
. On May 29, 2007 the Planning Commission voted unanimously to
recommend approval (7-0).
I C. FINANCIAL I
. The required processing fee for the temporary CUP has been paid.
I D.
.
LEGAL I
. 60-DA Y RULE: 60 day clock 'started' when complete application was
received on April 26, 2007. A decision must be given to the applicant by
June 25, 2007, OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or 120
days total) for issuing a decision.
. NOTIFICATION: Notification of this hearing was provided in accordance
with City and State requirements.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the requested temporary CUP with a finding that the requested permit
would have a negative impact on adjacent properties or the City as a whole.
I V. A TT ACHMENTS
. Resolution
. Site plan
. Zoning & land use maps
I VI. PRlNCIPAL PARTIES EXPECTED AT MEETING
. Mr. Lee Schwierjohann, CarHop
.
I tf-(
RESOLUTION NO.
.
RESOLUTION AUTHORIZING RENEWAL OF A TEMPORARY CONDITIONAL USE
PERMIT FOR AUTO SALES AND LEASING AT 6529 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
renewal of a temporary conditional use permit for auto sales and leasing on land generally
located at 6529 Penn Avenue, legally described as:
The north 17 feet of the South 175 feet of the West 133 feet of the Southwest Y<t of
the Southwest Y<t of the Northwest Y<t of Section 28, Township 28, Range 24,
Hennepin County, Minnesota and that part of the West 166 feet of the Southwest Y<t
of the Southwest Y<t of the Southwest Y<t of the Northwest Y<t lying north of the south
175 feet thereof excluding highway.
WHEREAS, the Planning Commission of the City of Richfield has recommended
renewal of this requested temporary conditional use permit at 6529 Penn Avenue at its
May 29, 2007 meeting, and
WHEREAS, this requested temporary conditional use permit at 6529 Penn Avenue
meets those requirements necessary for issuing a conditional use permit as specified in
Richfield's Zoning Code, Section 546.05, Subd.6, and
.
WHEREAS, the City has fully considered the request for approval of the conditional
use permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A temporary conditional use permit is issued for auto sales and leasing, as
described in City Council Staff Report No. , on the Subject Property legally
described above.
2. This temporary conditional use permit at 6529 Penn Avenue is subject to the
following conditions in addition to those specified in Section 526.27 Subdivision
11 of the City's Zoning Code:
.
. That the recipient of this conditional use permit record this resolution with
the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1
and Richfield Zoning Code 546.05, Subdivision 7.
. That a 22-foot minimum drive aisle be maintained in the parking area.
. That a maximum of 32 vehicles be allowed on the site, including
inventory, customer, and employee vehicles.
. That no vehicles be stored or parked on the grassy buffer area on the
east side of the parcel
. That landscaping on the parcel be maintained in an attractive manner.
. That all trash containers be kept inside the building and not stored in the
parking lot.
. That the private driveway in the southeast corner of the parcel be
maintained free of vehicles and that it remain chained to prevent access.
061207 - CUP 6529 Penn (CarHop)
.
.
.
(cf -;).
3. The temporary conditional use permit shall remain in effect for three years so
long as conditions regulating it are observed, as required by the Zoning
Ordinance, Section 546.05, Subd. 9.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of June
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
.
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC HEARINGS
15
161
STAFF REpORT
~lGl;1Ji1Bl1ID'
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CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME. TITLE
COUNCIL PRESENTER:
DEP AR TMENT DIRECTOR
.REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing regarding the Environmental Assessment on the 66th Street and Portland
Avenue Roundabout.
1.
RECOMMENDED ACTION:
Conduct and close the public hearing on the Environmental
Assessment for the 66th Street and Portland Avenue Roundabout.
I II.
BACKGROUND I
Federal regulations require completion of an environmental assessment before
federal funds can be used to build the roundabout at 66th Street and Portland
Avenue. A copy of the environmental assessment has been available for public
review at City Hall since May 10, 2007. Public notice of the June 12, 2007 public
hearing was published in the Richfield Sun Current on May 17 and May 24, 2007.
Also, the public notice was mailed to residents and businesses in the project area
on May 8,2007.
As part of the environmental process a public hearing is provided to obtain public
comments on the adequacy of the environmental assessment for the project. Tony
Heppelmann and Beckie Haydon of WSB & Associates will give a brief presentation
on the project prior to opening the public hearing for comments. A transcript of the
0612 Portland-66th EA
.
.
.
public hearing and written responses to the issues raised together with the
environmental assessment are then submitted to the Federal Highway
Administration. They then determine whether or not to issue a Finding of No
Significant Impact (FONSI) as evidence that the environmental review process has
been completed.
I III.
BASIS OF RECOMMENDATION I
I A. POLICY I
. Improvements to the 66th Street and Portland Avenue intersection are
identified in the City's 1997 Comprehensive Plan.
I B. CRITICAL ISSUES I
. The public is given an opportunity to comment on the environmental
issues of the proposed intersection improvements.
I C. FINANCIAL I
. Completion of the environmental review process is necessary for the
City to obtain $2,226,336 in federal highway funds to build the
intersection improvement project.
ID.
LEGAL I
. The City is following the environmental procedures to qualify for
federal highway funds for use on the improvements at the 66th Street
and Portland Avenue intersection.
I IV. ALTERNATIVE RECOMME1\TDATION(S)
. None.
I V. A TT ACHMENTS I
. None. (A copy of the Environmental Assessment is available at City Hall for
public review.)
I VI. PRINCIPALPARTIEsExPECTEDATMEETING I
. Anthony Heppelmann and Rebecca Haydon of WSB & Associates
.
.
.
AGENDA SECTION: PUBLIC HEARINGS
AGENDA ITEM # 16
REPORT # 162
......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME. TInE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
if
Ei
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of a Transitory Ordinance vacating right-of-way of Emerson
Avenue between vacated 77th Street and 78th Street.
1. RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Approve second
reading of a Transitory Ordinance vacating right-of-way of Emerson
Avenue between vacated 77th Street and 78th Street.
I II. BACKGROUND I
CSM Investors, Inc. (CSM) constructed the Shops at Lyndale shopping center in the mid-
1990s but did not replat the underlying land. CSM is currently in the process of replatting
the land and is requesting that the City vacate Emerson Avenue, located along the western
edge of the property.
The land area encompassed by Emerson Avenue is utilized by the Shops at Lyndale for
parking and as a drive aisle to the shared entrance with the adjacent Meridian Crossings
development.
061207-2nd Rdg Vacation of Emerson Ave
.
In 1994 the City Council approved a planned unit development plan and final development
plan for the Shops at Lyndale shopping center that indicated that this area would be used
for parking, access, and signage.
At the time the Shops at Lyndale was developed, Public Works requested that Emerson
Avenue be maintained as a public street in the event that future expansion plans for 1-494
required public access to the frontage road in this area. Earlier this year Public Works
determined that there is no longer a need to maintain this potential access point.
On May 7, 2007 CSM became the owner of Emerson Avenue from vacated 77th Street to
78th Street to CSM. The HRA approved the transaction on October 18, 2004. (During the
interim MnDOT and Public Works were working to resolve design matters for 1-494.) With
CSM as the owner the City can now proceed with the vacation of Emerson Avenue,
ultimately resulting in CSM being able to plat the Shops at Lyndale development.
On May 22nd the City Council approved the first reading and set the date for the second
reading for June 12th regarding the vacation of right-of-way of Emerson Avenue between
vacated 77th Street and 78th Street.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Richfield City Charter Section 13.05 specifies procedures for the City
Council to vacate a street or alley.
. Richfield City Code Section 820.05 states that the Council will
acknowledge receipt of any petition to vacate by resolution and set a date
for a public hearing. The public hearing was set at the May 22nd City
Council meeting for June 12,2007.
lB.
CRITICAL ISSUES I
. The area to be vacated extends from the centerline of old 77th Street to
the north right-of-way line of 1-494.
. The area to be vacated is not needed for street purposes and is owned
by CSM.
. Approval of the requested street vacation will facilitate the replatting of
the Shops at Lyndale property.
. Private utilities were notified of the proposed vacation and any necessary
private utility easements will be included in the transitory ordinance
vacating the right-of-way.
. There is a water main and a gas line located within the easement area.
The gas line easement will be reserved. Since CSM has agreed to grant
the City an easement for the existing water main by a separate
agreement the easement for the water main will not need to be reserved
in the Plat.
. In order to be determined adequate, the petition must be signed by the
owners of half of the land abutting the area to be vacated (Richfield City
Code subsection 820.03).
.
.
I c.
FINANCIAL
. N/A
I D. LEGAL I
. Legal notice was published 10 days prior to the second reading and
public hearing scheduled for June 12, 2007.
. A mailed notice was sent to affected property owners and residents
for the second reading and public hearing on June 12, 2007.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the requested vacation of street right-of-way.
I V. A TT ACHMENTS I
. City Council Transitory Ordinance to vacate the street right-of-way.
. Petition signed by owners of half of the land abutting the area to be vacated.
. Attachment A: Sketch showing the location of the area to be vacated.
. Attachment B: Aerial photograph showing the approximate location of the area
to be vacated.
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING I
. . A representative of CSM Investors, Inc.
.
l b--(
BILL NO.
.
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS
(EMERSON AVENUE)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to the easements as described
below for public street right-of-way purposes ("Street Easement"):
That part of the west 30.00 feet of the East Half of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24,
also known as Emerson Avenue South, lying northerly of the northerly right of way
line of Interstate No. 494 per Document No. 3431114
Together with that part of Emerson Avenue South as dedicated in the plat of
CLOVERLEAF ADDITION, according to the recorded plat thereof, which lies
southerly of the north line of the West Half of said Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 33 and which lies northerly
of the westerly extension of said northerly right of way line of Interstate No. 494 per
Document No. 3431114.
.
All in Hennepin County, Minnesota
Sec. 2: The City of Richfield has received a petition for the vacation of the Street
Easement, and the City Council has determined the petition to be adequate by Resolution
No.
Sec. 3: The Street Easement is not open to public travel and is not required for
access to the abutting properties.
Sec. 4: The following public facilities are located in the Street Easement: gas and
water.
Sec. 5: The City has notified the service providers for gas, electric, telephone, and
cable communications services of the proposed vacation, and the following facilities are
reported to be located in the Street Easement: gas.
Sec. 6: The Council finds that there is not a public need for the Street Easement.
Sec. 7. The Applicant has agreed to grant the City an easement for the existing
water main by a separate instrument and the easement for the water main will not be
needed once that instrument is recorded.
. Sec. 8: The Street Easement is vacated reserving, however, easements in favor of
the public as follows: (a) an easement for gas line purposes over the west 20 feet and the
north 30 feet of the portion of Emerson Avenue being vacated; and (b) a temporary
easement for water main purposes over the entire vacated area, said temporary easement
061207-2nd Rdg Vacation of Emerson Ave
.
.
.
((P--J.
shall automatically expire upon the recording of an instrument executed by the City that
specifically references the termination of the easement reserved in this Ordinance No. _'
Sec. 7: The vacation of the Street Easement is effective 30 days following
publication of this ordinance. The City Clerk is directed to prepare a certificate of
completion of vacation proceedings and to record the vacation in the office of the
Hennepin County Registrar of Titles or Hennepin County Recorder, as appropriate.
Passed by the City Council of the City of Richfield, Minnesota this 12th day of June,
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
10-3
.
.
PETITION FOR VACATION OF STREETS,
ALLEYS, AND PUBLIC GROUNDS
L- . __=:;;f-.l.-jJ
To: Richfield City Council
We, the undersigned owners ofland abutting EMERSON AVENUE SOUTH as described in
the Exhibit A attached hereto and made a part hereof, hereby petition that such public land be
vacated by the City of Richfield.
.
CSM INVESTORS, INC. 1000, 1100, 1150 West 78th Street,
500 Washington Avenue South, Richfield, Minnesota.
Suite 3000,
Minneapolis, MN 55415
, .~~
BY: fJYluki/
Michele Foster, Vice President
r?:ttrl
* Signatures may not be removed after the petition is submitted to the City. r'll) .
t~mo7
,
*Signature
Address (please print clearly)
.
llo-~
EXHIBIT A
(PETITION FOR VACATION OF PORTION OF EMERSON AVENUE SOUTH)
. Parcel 1: That pmi of the West 30.00 feet of the East Half of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known
as Emerson A venue South, and lying northerly of the northerly right-of-way line ofInterstate
No. 494 per Document No. 3431114, filed in Book 2408 of Deeds, page 259, including but not
limited to the street easement over the West 30.00 feet of the North 240.00 feet of the East Half
of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33,
Township 28, Range 24, dedicated to the City of Richfield by deed recorded in Book 2242 of
Deeds, page 425, as Document No. 3214863, Hennepin County Recorder.
.
.
Parcel 2: That part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF
ADDITION, according to the recorded plat thereof, which lies southerly of the North line of the
West Halfofthe Southeast Quarter of the Southwest Quarter of the Southeast Quarter of
Section 33, Township 28, Range 24, and which lies northerly of the westerly extension of the
northerly right-of-way line oflnterstate No. 494 per Document No. 3431114, filed in Book
2408 of Deeds on page 259, Office of County Recorder, Hennepin County, Minnesota.
Parcel 3: (Public Street Right-of-Way- No.2 created in Document No. 6417525)
That part of the Public Street Right-of-Way - No.2 as created in Document No. 6417525,
Office 0 f County Recorder, Hennepin County, Minnesota, and described as that part of the
following-described property:
That part of the South 85.00 feet of the West Half of the East Halfofthe Northeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28,
Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast
comer of the Northeast Quarter of Southwest Qumier of Southeast Quarter of said
Section 33; thence South 89 degrees 41 minutes 41 seconds West, assumed bearing,
along the South line of said Northeast Quarter of Southwest Quarter of Southeast
Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence
northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a
radius of 610.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord
of said curve bears North 63 degrees 29 minutes 13 seconds West; thence South 38
degrees 06 minutes 35 seconds West, not tangent to said curve, 32.47 feet; thence
Southerly along a tangential curve concave to the East having a radius of 120.00 feet to
the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter;
thence North 89 degrees 41 minutes 41 seconds East along said South line to the point
of beginning,
which is described as beginning at the most northerly comer of the above-described property;
thence Southeasterly a distance of 29.20 feet along the northeasterly line of said
above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle
of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 52 minutes 51
seconds East, assumed bearing; thence westerly and southwesterly 29.73 feet on a curve to the
left with a radius of20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a
chord bearing of South 80 degrees 09 minutes 26 seconds West; thence South 37 degrees 33
minutes 58 seconds West 66.59 feet to a point on the West line of said above-described
property; thence northeasterly 53.95 feet along said West line on a curve to the right with a
radius of 120.00 feet and a central angle of25 degrees 45 minutes 30 seconds, and a chord
bearing of North 25 degrees 25 minutes 40 seconds East; thence North 38 degrees 18 minutes
25 seconds East 32.47 feet along said West line to the point of beginning.
.
.
.
10~6
Parcel 4:
Any portion of Emerson Avenue South lying within the following-described property not
included in Parcel 3 described above:
That part of the South 85.00 feet of the West Halfofthe East Halfofthe Northeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28,
Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast
comer of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said
Section 33; thence South 89 degrees 55 minutes 12 seconds West, assumed bearing,
along the South line of said Northeast Quarter of Southwest Quarter of Southeast
Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence
northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a
radius of 610.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord
of said curve bears North 63 degrees 15 minutes 42 seconds West; thence South 38
degrees 20 minutes 06 seconds West, not tangent to said curve, 32.47 feet; thence
Southerly along a tangential curve concave to the East having a radius of 120.00 feet to
the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter;
thence North 89 degrees 55 minutes 12 seconds East along said South line to the point
of beginning,
which is described as beginning at the most northerly comer of the above-described property;
thence Southeasterly a distance of29.20 feet along the northeasterly line of said
above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle
of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 51 minutes 07
seconds East; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius
of 20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a chord bearing of
South 80 degrees 22 minutes 57 seconds West; thence South 37 degrees 47 minutes 29 seconds
West 66.02 feet to a point on the West line of said above-described property; thence
northeasterly 53.25 feet along said West line on a curve to the right with a radius of 120.00 feet
and a central angle of25 degrees 25 minutes 22 seconds, and a chord bearing of North 25
degrees 37 minutes 25 seconds East; thence North 38 degrees 20 minutes 06 seconds East
32.47 feet along said West line to the point of beginning.
(0--&
Attachment A
.
900 I East Bloomington Freeway (35W)
Suite I 18
Bloomington, Minnesota 55420-3435
Business: 952-881-2455
FAX: 952-888-9526
Sunde Land Surveying, LLC.
Vacation .Description
Sketch For:
~CORPORA7'ION
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PROPOSED VACATION DESCRIPTION
That part of the west 30.00 feet of the East Half of the Southeast
Duorter of the Southwest Duarter of the Southeast Duorter of
SectIon 33. Township 28. Range 24. 0150 known os Emerson Avenue
South, lying northerly of the northerly right of way line of Interstate
No. 494 per Document No. 3431 114.
.
....
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Together with that part of Emerson Avenue South os dedicated In
the plat of CLOVERLEAF ADDITION, according to the recorded plat
thereof, which lies southerly of the north line of the West Half of
said Southeaet Quarter of the Southwest Quarter of the Southeast
Quarter of Section 33 and which lies northerly of the westerly
extension of sold northerly right of way line of Interstate No. 494
per Document No. 3431 I 14.
All In Hennepin County, Minnesota.
EXISTING
BUILDING
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We hereby certify that this sketch, plan or report was
prepared by me or under my Instruction ond that I om
o duly Registered Land Surveyor under the laws of the
State of Minnesota.
,
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Doted this 27th doy of October, 2003
SUNDE LAND SURVEYING, LLC.
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Scott J. Soukup, R.L.S.
Minn. Reg. No. 17256
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N'L Y R!W LINE OF
INTERST A TE NO. 494
PER DOC. NO. 3431 I 14
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Of Emerson Avenue
Vacation
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October 2004
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
PUBLIC. HEARINGS
17
163
~
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, TinE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
.
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Public hearing and second reading of a Transitory Ordinance vacating right-of-way (Easement
NO.2 per Document Number 6417525) of Emerson Avenue between vacated 77th Street and
78th Street.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve
second reading ot a Transitory Ordinance vacating right-ot-way
(Easement No.2 per Document Number 6417525) ot Emerson Avenue
between vacated 77th Street and 78th Street.
I II. BACKGROUND I
CSM Investors Inc., (CSM) constructed the Shops at Lyndale shopping center in the mid-
1990s. CSM is currently in the process of replatting the land and is requesting that the City
vacate a remnant street right-of-way easement that is no longer necessary.
.
The remnant street-right-of-way easement that will be vacated is in the northwest corner of
the property where the entrance to the Shops at Lyndale previously intersected with 77th
Street.
061207-2nd Rdg Vacation of Emerson Easement NO.2
.
Vacation of this street right-of-way easement will eliminate an unnecessary easement and
facilitate the replatting of the property.
On May 22nd the City Council approved the first reading (4 to 0) and set the date for the
second reading for June 12th regarding the vacation of right-of-way of Emerson Avenue
(Easement NO.2 per Document Number 6417525) between vacated 77th Street and 78th
Street.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Richfield City Charter Section 13.05 specifies procedures for the City
Council to vacate a street or alley.
. The City Council acknowledged receipt of petition to vacate by
resolution on May 22,2007, and set a date for a public hearing for June
12,2007.
lB.
.
CRITICAL ISSUES I
. The area to be vacated covers approximately 822 square feet.
. The area to be vacated is not needed for street purposes and is land
owned by CSM.
. Approval of the requested street vacation will facilitate the replatting of
the Shops at Lyndale property.
. Private utilities were notified of the proposed vacation and any
necessary private utility easements will be included in the transitory
ordinance vacating the right-of-way.
. A privately owned storm sewer runs under the area to be vacated.
. Qwest has buried phone cable and Xcel Energy has electric lines within
the easement area, therefore the easement will be vacated reserving to
the public an easement for electric and telephone/telecommunications
purposes.
. In order to be determined adequate, the petition must be signed by the
owners of half of the land abutting the area to be vacated (Richfield City
Code subsection 820.03).
I C. FINANCIAL
. N/A
I D. LEGAL I
. Legal notice was published 10 days prior to the second reading and
public hearing scheduled for June 12, 2007.
. A mailed notice was sent to affected property owners and residents for
the second reading and public hearing on June 12, 2007.
. I IV.
AL TERNA TIVE RECOMMENDA TION( s)
. Deny the requested vacation of remnant street right-of-way
. I V. ATTACHMENTS I
. City Council Transitory Ordinance to vacate the street right-of-way.
. Petition signed by owners of half of the land abutting the area to be vacated.
. Attachment A: Sketch showing the location of the area to be vacated.
. Attachment B: Aerial photograph showing the approximate location of the area
to be vacated
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. A representative of CSM Investors, Inc.
.
.
.
.
.
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PETITION FOR VACATION OF STREETS,
ALLEYS, AND PUBLIC GROUNDS
C:====-~-=J
To: Richfield City Council
We, the undersigned owners of land abutting EMERSON AVENUE SOUTH as described in
the Exhibit A attached hereto and made a part hereof, hereby petition that such public land be
vacated by the City of Richfield,
*Signature
Address (please print clearly)
CSM INVESTORS, INC. 1000, 1100, 1150 West 78th Street,
500 Washington Avenue South, Richfield, Minnesota.
Suite 3000,
Minneapolis, MN 55415
- ----:/
BY: /JJt~ ~---, ~
Michele Foster, Vice President -
,,: Signatures may not be removed after the petition is submitted to the City.
.
.
.
11-\
BILL NO.
TRANSITORY ORDINANCE NO.
AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY EASEMENTS
(Street Easement #2 as created by Document #6417525)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1: The following described lands are subject to the easements as described
below for public street right-of-way purposes ("Street Easement"):
"Right of Way easement NO.2 as created by Doc. No. 6417525"
Sec. 2: The City of Richfield has received a petition for the vacation of the Street
Easement, and the City Council has determined the petition to be adequate by Resolution
No.
Sec. 3: The Street Easement is not open to public travel and is not required for access
to the abutting properties.
Sec. 4: There is a privately owned storm sewer facility that runs under the Street
Easement.
Sec. 5: The City has notified the service providers for gas, electric, telephone, and
cable communications services of the proposed vacation, and the following facilities are
reported to be located in the Street Easement: Qwest buried phone cable and Xcel Energy
electric lines.
Sec. 6: The Council finds that there is not a public need for the Street Easement but
that there is a continuing need for an easement for electric and telephone and
telecommunications purposes over the Street Easement.
Sec. 7: The Street Easement is vacated reserving, however, to the public an easement
for electric and telephone/telecommunications purposes.
Sec. 8: The vacation of the Street Easement is effective 30 days following publication
of this ordinance. The City Clerk is directed to prepare a certificate of completion of vacation
proceedings and to record the vacation in the office of the Hennepin County Registrar of
Titles or Hennepin County Recorder, as appropriate.
Passed by the City Council of the City of Richfield, Minnesota this 12th day of June,
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
061207-2nd Rdg Vacation of Emerson Easement NO.2
.
.
.
11-3
EXHIBIT A
(PETITION FOR VACATION OF PORTION OF EMERSON AVENUE SOUTH)
Parcell: That part of the West 30.00 feet of the East Half of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, also known
as Emerson Avenue South, and lying northerly of the northerly right-of-way line ofInterstate
No. 494 per Document No. 3431114, filed in Book 2408 of Deeds, page 259, including but not
limited to the street easement over the West 30.00 feet of the North 240.00 feet of the East Half
of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 33,
Township 28, Range 24, dedicated to the City of Richfield by deed recorded in Book 2242 of
Deeds, page 425, as Document No. 3214863, Hennepin County Recorder.
Parcel 2: That part of Emerson Avenue South as dedicated in the plat of CLOVERLEAF
ADDITION, according to the recorded plat thereof, which lies southerly of the North line of the
West Half of the Southeast Quarter of the Southwest Quarter of the Southeast Quarter of
Section 33, Township 28, Range 24, and which lies northerly of the westerly extension of the
northerly right-of-way line ofInterstate No. 494 per Document No. 3431114, filed in Book
2408 of Deeds on page 259, Office of County Recorder, Hennepin County, Minnesota.
Parcel 3: (Public Street Right-of-Way - No.2 created in Document NO. 6417525)
That part of the Public Street Right-of-Way- No.2 as created in Document No. 6417525,
Office of County Recorder, Hennepin County, Minnesota, and described as that part of the
following-described property:
That part of the South 85.00 feet of the West Halfofthe East Halfofthe Northeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28,
Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast
comer of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said
Section 33; thence South 89 degrees 41 minutes 41 seconds West, assumed bearing,
along the South line of said Northeast Quarter of Southwest Quarter of Southeast
Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence
northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a
radius of 61 0.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord
of said curve bears North 63 degrees 29 minutes 13 seconds West; thence South 38
degrees 06 minutes 35 seconds West, not tangent to said curve, 32.47 feet; thence
Southerly along a tangential curve concave to the East having a radius of 120.00 feet to
the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter;
thence North 89 degrees 41 minutes 41 seconds East along said South line to the point
of beginning,
which is described as beginning at the most northerly corner of the above-described property;
thence Southeasterly a distance 0 f 29.20 feet along the northeasterly line of said
above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle
of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 52 minutes 51
seconds East, assumed bearing; thence westerly and southwesterly 29.73 feet on a curve to the
left with a radius of20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a
chord bearing of South 80 degrees 09 minutes 26 seconds West; thence South 37 degrees 33
minutes 58 seconds West 66.59 feet to a point on the West line of said above-described
propeliy; thence northeasterly 53.95 feet along said West line on a curve to the right with a
radius of 120.00 feet and a central angle of25 degrees 45 minutes 30 seconds, and a chord
bearing of North 25 degrees 25 minutes 40 seconds East; thence North 38 degrees 18 minutes
25 seconds East 32.47 feet along said West line to the point of beginning.
.
.
.
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Parcel 4:
Any portion of Emerson Avenue South lying within the following-described property not
included in Parcel 3 described above:
That part of the South 85.00 feet of the West Halfofthe East Halfofthe Northeast
Quarter of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28,
Range 24, Hennepin County, Minnesota, described as Commencing at the Southeast
corner of the Northeast Quarter of Southwest Quarter of Southeast Quarter of said
Section 33; thence South 89 degrees 55 minutes 12 seconds West, assumed bearing,
along the South line of said Northeast Quarter of Southwest QUaJier of Southeast
Quarter, 86.58 feet to the point of beginning of the parcel to be described; thence
northwesterly 187.04 feet along a non-tangential curve concave to the northeast having a
radius of 61 0.33 feet and a central angle of 17 degrees 33 minutes 32 seconds, the chord
of said curve bears North 63 degrees 15 minutes 42 seconds West; thence South 38
degrees 20 minutes 06 seconds West, not tangent to said curve, 32.47 feet; thence
Southerly along a tangential curve concave to the East having a radius of 120.00 feet to
the South line of said Northeast Quarter of Southwest Quarter of Southeast Quarter;
thence North 89 degrees 55 minutes 12 seconds East along said South line to the point
of beginning,
which is described as beginning at the most northerly corner of the above-described property;
thence Southeasterly a distance of29.20 feet along the northeasterly line of said
above-described property, on a curve to the left with a radius of 61 0.33 feet and a central angle
of 02 degrees 44 minutes 30 seconds and a chord bearing of South 55 degrees 51 minutes 07
seconds East; thence westerly and southwesterly 29.73 feet on a curve to the left with a radius
of 20.00 feet and a central angle of 85 degrees 10 minutes 56 seconds, and a chord bearing of
South 80 degrees 22 minutes 57 seconds West; thence South 37 degrees 47 minutes 29 seconds
West 66.02 feet to a point on the West line of said above-described property; thence
northeasterly 53.25 feet along said West line on a curve to the right with a radius of 120.00 feet
and a central angle of25 degrees 25 minutes 22 seconds, and a chord bearing o[North 25
degrees 37 minutes 25 seconds East; thence North 38 degrees 20 minutes 06 seconds East
32.47 feet along said West line to the point of beginning.
---
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PROPOSED PUBLIC
DESCRIPTION
That port of the ~
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Tho t port of the f
That port of tt-
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Henn epin Coun t
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33 minutes 32
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Described as begin
the above describe
distance of 29,20
said above describ!
with 0 radius of 6
degrees 44 minute
Sou th 55 degrees
westerly and south
the left with 0 rod
angle of 85 degree
chord bearing of S
seconds West: ther
seconds West 66.0
of said above desc
53.25 feet along s
with a radius of I:
degrees 25 minute:
of North 25 degree
thence North 38 d,
32.47 feet along s
beginning.
We hereby certify
prepared by me ,
o duly Registered
State of Minnesoi
Doted this 14th ,
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SUNDE LAND SUR
By. _.d1r~~
Scott !f~~
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Attachment A
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Attachment B
Emerson Avenue to be Vacated
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.
.
AGENDA SECTION:
AGENDA ITEM #
REPORT #
RESOLUTIONS
18
164
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME, TITLE
COUNCIL PRESENTER:
o
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the resolution awarding the sale of $4,800,000 General Obligation Capital
1m rovement Bonds, Series 2007 A.
I. RECOMMENDED ACTION:
By Motion: Approve the resolution awarding the sale of $4,800,000
General Obligation Capital Improvement Bonds, Series 2007 A, Fixing
their form and specifications; Directing their execution and delivery;
and rovidin for their a ment.
I II. BACKGROUND I
On May 22, 2007, the City Council adopted a resolution providing for the sale of
General Obligation (G.O.) Capital Improvement Bonds, Series 2007A, to provide
funding for the construction of a new City Central Maintenance Facility.
Bids on the G.O. Capital Improvement Bonds are due in the offices of Ehlers &
Associates, Inc. on June 12,2007. A representative from Ehlers & Associates, Inc.
will be at the City Council meeting to recommend the successful bidder and review
attached documents, and provide information that is absent from the resolution and
available only after the bidding on the certificates has closed.
Following Ehlers & Associates, Inc. recommendation, it would be appropriate for the
City Council to award the bond sale to the qualified buyer and undertake other
related actions as necessary as delineated in the approving resolution. The closing
on the bonds is scheduled for the end of June 2007.
I III.
BASIS OF RECOMMENDATION
0612CapitallmprovementBonds
IA.
POUCy I
. The City Council approved the call for sale of G.O. Capital
Improvement Bonds, Series 2007 A at the May 22, 2007 City Council
meeting.
. The new Central Maintenance Facility is included in the City's 2007
Capital Improvement Budget and 2008-2011 Capital Improvement
Plan.
. At the December 12, 2006 meeting, the City Council approved the
five-year Capital Improvement Budget and Plan prepared in
compliance with Minnesota Statutes 475.521.
. Preliminary approval was also granted to issue capital improvement
bonds for the new Central Maintenance Facility at the December 12,
2006 City Council meeting.
.
I B. CRITICAL ISSUES I
. The issuance of the G.O. Capital Improvement Bonds is an important
piece of the financing of the new Central Maintenance Facility.
I C. FINANCIAL I
. The total cost of the new Central Maintenance Facility is estimated to
be $12,908,500.
. Funding for the project will be a combination of internal sources and
the issuance of the capital improvement bonds as follows:
.
. Utility Funds
. Capital Project Funds
. Central Garage Fund
. PIR Fund
. General Fund(Land Purchase)
. Capital Improvement Bonds (Net)
. Total
$4,361,140
2,841,530
747,830
300,000
100,000
4,558,000
$12,908,500
. The Par amount of the bonds to be issued is $4,800,000.
. Net proceeds to be used for the project, after underwriter's discount
and costs of issuance, will be $4,558,000.
. The annual tax levy to provide for the debt service of the bonds will
average $387,760 over the 20-year life of the bonds.
. The estimated annual increases in taxes due to the issuance of these
bonds for a residential property valued at $250,000 will be
approximately $33.28.
. The annual debt service has the potential to be less depending on
sale proceeds received from the future sale of the existing garage site.
I D. LEGAL I
. Legal counsel has been involved in the bond sale transaction as bond
counsel to the City.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Decide not to proceed with the award of sale of bonds and look for
alternative funding for the Central Maintenance Facility.
.
IV.
A TT ACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Sid Inman, Ehlers & Associates, Inc.
. Rebecca Kurtz, Ehlers & Associates, Inc.
I g--(
.
Extract of Minutes of Meeting
of the City Council of the City of
Richfield, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Richfield, Minnesota, was duly held in the City Hall in said City on Tuesday, June 12,2007, commencing
at 6:30 P.M.
The following members were present:
and the following were absent:
* * *
***
* * *
The Mayor announced that the next order of business was consideration of the proposals which
had been received for the purchase of the City's $4,800,000 General Obligation Capital Improvement
. Bonds, Series 2007 A.
The City Clerk presented a tabulation of the proposals that have been received in the manner
specified in the Terms of Proposal the Bonds. The proposals are as set forth in Exhibit A attached.
After due consideration of the proposals, Member
then introduced the
following written resolution, the reading of which was dispensed with by unanimous consent, and moved
its adoption:
.
.
.
.
I ~/d-.
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $4,800,000
GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS,
SERIES 2007A FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota
(the "City") as follows:
Section 1.
Background.
1.0 I. Statutory Authorization. The City is authorized by Minnesota Statutes, section 475.521
(the "Act") to finance certain capital improvements under an approved capital improvement plan by the
issuance of general obligation bonds of the City payable from ad valorem taxes. Capital improvements
include acquisition or betterment of public lands, buildings or other improvements for the purpose of a
city hall, public safety facility and public works facilities (excluding light rail transit or any activity
related to it, or a park, library, road, bridge, administrative building other than a city hall, or land for any
of those activities).
1.02. Capital Improvement Plan Authorizing Issuance of Bonds. On December 12, 2006, the
City held a public hearing with respect to a five-year capital improvement plan (the "Plan") and the
issuance of bonds, in the maximum principal amount of $4,800,000, to finance planned capital
improvements, all in accordance with the Act. The Plan authorizes issuance of bonds to pay the cost of
public works facilities owned and operated by the City (hereinafter referred to as the "Improvement").
1.03. No Petition for a Referendum Received. The City Council has determined that, within 30
days after the hearing, no petition for a referendum on issuance of bonds pursuant to the Plan was
received by the City in accordance with the Act.
1.04. Estimated Total Cost of Capital Improvement. The City estimates that the total cost of
the Improvement is at least $4,800,000, including capitalized interest, costs of issuance and bond
discount.
1.05. Determinations of the City in Compliance with the Act. As required by the Act, the City
has determined that:
(i) the expected useful life ofthe Improvement will be at least five years; and
(ii) the amount of principal and interest due in any year on all outstanding bonds
issued by the City under the Act, including the Bonds, will not exceed .16 percent of the taxable
market value of property in the City for taxes payable in 2007.
1.06. Issuance of the Bonds. It is necessary and expedient to the sound financial management
of the affairs of the City to issue its $4,800,000 General Obligation Capital Improvement Bonds, Series
2007 A (the "Bonds") pursuant to the Act to provide financing for the Improvement.
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Section 2.
Sale of Bonds.
2.01. A ward to the Purchaser and Interest Rates. The proposal of
(the "Purchaser") to purchase the Bonds of the City
described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is
hereby accepted, the proposal being to purchase the Bonds at a price of $ , plus
accrued interest to date of delivery, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2009 2019
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
.
2.02. Purchase Contract. The sum of $ , being the amount proposed by the
Purchaser in excess of $4,736,000, shall be credited to the Debt Service Fund hereinafter created, or
deposited in the Construction Fund established under Section 5.0 1 (b) hereof, as determined by the City
Finance Manager, in consultation with the City's financial advisor. The City Finance Manager is directed
to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return
the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute
a contract with the Purchaser on behalf of the City.
2.03. Terms and Principal Amounts of Bonds. The City will forthwith issue and sell the Bonds
pursuant to the Act to the Purchaser in the total principal amount of $4,800,000. The Bonds will be
originally dated as of July 10,2007 in the denomination of $5,000 each or any integral multiple thereof,
numbered No. R-l upward, bearing interest as above set forth and maturing serially on February 1 in the
years and amounts as follows:
Year Amount Year Amount
2009 $ 2019 $
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
.
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2.04. Optional Redemption. The City may elect on February 1, 2017, and on any day
thereafter to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and
if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of
a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot the
beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
[2.05. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.]
Section 3.
Registration and Payment.
3.01. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft
issued by the Registrar described herein.
.
3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment
date preceding the date of authentication to which interest on the Bond has been paid or made available
for payment, unless (i) the date of authentication is an interest payment date to which interest has been
paid or made available for payment, in which case the 'Bond will be dated as of the date of
authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case
the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on
February 1 and August 1 of each year, commencing February 1, 2008, to the registered owners of record
thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or
not that day is a business day.
3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent
and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the
Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers of Bonds entitled to be registered or transferred.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory
to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized
by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like principal amount and
maturity, as requested by the transferor. The Registrar may, however, close the books for
registration of any transfer after the fifteenth day of the month preceding each interest payment
date and until that interest payment date.
( c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
.
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(d) Cancellation. Bonds surrendered upon transfer will be promptly cancelled by the
Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar
for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(t) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether
the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes and payments so made to
registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the
liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer of Bonds, sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to the transfer.
.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation of the muti lated Bond or in
lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a
Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the
Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it
and as provided by law, in which both the City and the Registrar must be named as obligees. The
Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such
cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has
already matured or been called for redemption in accordance with its terms it is not necessary to
issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of
the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond
to be redeemed at the address shown on the registration books kept by the Registrar and by
publishing the notice if required by law. Failure to give notice by publication or by mail to any
registered owner, or any defect therein, will not affect the validity of the proceedings for the
redemption of Bonds. Bonds so called for redemption will cease to bear interest after the
specified redemption date, provided that the funds for the redemption are on deposit with the
place of payment at that time.
.
3.04. Appointment of Initial Registrar. The City appoints Wells Fargo Bank, National
Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust
company authorized by law to conduct such business, the resulting corporation is authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the
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services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash
and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor
Registrar. On or before each principal or interest due date, without further order of this Council, the City
Finance Manager must transmit to the Registrar monies sufficient for the payment of all principal and
interest then due.
3.05. Execution. Authentication and Deliverv. The Bonds will be prepared under the direction
of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City
Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the
originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to
be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and
sufficient for all purposes, the same as if the officer had remained in office until delivery.
Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any
security or benefit under this Resolution unless and until a certificate of authentication on the Bond has
been duly executed by the manual signature of an authorized representative of the Registrar. Certificates
of authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered
under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City
Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with
the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application of the purchase price.
3.06. Temporarv Bonds. The City may elect to deliver in lieu of printed definitive Bonds one
or more typewritten temporary Bonds in substantially the form set forth in Section 3. Upon the execution
and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 4.
Form of Bond.
4.0 I. Execution of the Bonds. The Bond will be printed or typewritten in substantially the
following form:
(The remainder of this page is intentionally left blank.)
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18 --I
[Form of Bond]
No. R-
$
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGATION CAPITAL IMPROVEMENT BOND, SERIES 2007A
Interest
Rate
Date of
Original Issue
CUSIP
Maturity
%
February 1,20_
July _,2007
Registered Owner: Cede & Co.
The City of Richfield, Minnesota, a duly organized and eXlstmg municipal corporation in
Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above, or registered assigns, the principal sum
of $ on the maturity date specified above, payable February 1 and August 1 in each year,
commencing February 1, 2008, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month. The
interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful
money of the United States of America by check or draft by Wells Fargo Bank, National Association,
Minneapolis, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or
its designated successor under the Resolution described herein. For the prompt and full payment of such
principal and interest as the same respectively become due, the full faith and credit and taxing powers of
the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2017, and on any day thereafter to prepay Bonds due on or
after February 1, 2018. Redemption may be in whole or in part and if in part, at the option of the City and
in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption,
the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be
redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to
be redeemed. Prepayments will be at a price of par plus accrued interest.
The City Council has designated the issue of this Bond as a "qualified tax exempt obligation"
within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the "Code")
relating to disallowance of interest expense for financial institutions and within the $10 million limit
allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $4,800,000 all of like original
issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued
pursuant to a resolution adopted by the City Council on June 12,2007 (the "Resolution"), for the purpose
of providing money to defray the expenses incurred and to be incurred in making certain capital
improvements, pursuant to and in full conformity with the Constitution and laws of the State of
Minnesota, including Minnesota Statutes, section 475.521, and the principal hereof and interest hereon
are payable from ad valorem taxes as set forth in the Resolution to which reference is made for a full
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statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably
pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem
taxes on all taxable property in the City in the event of any deficiency in taxes pledged, which taxes may
be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully
registered Bonds in the denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered owner
hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner
or the owner's attorney. Upon such transfer the City will cause a new Bond to be issued in the name of
the transferee or registered owner, of the same principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to
be paid with respect to such transfer.
The City and the Registrar may deem and treat the person in whose name this Bond is registered
as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment
and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the
contrary .
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of the
State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance
of this Bond in order to make it a valid and binding general obligation of the City in accordance with its
terms, have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory,
or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under
the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated: July 10,2007
CITY OF RICHFIELD, MINNESOTA
(Facsimile)
(Facsimile)
City Manager
Mayor
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By
The following abbreviations, when used in the inscription on the face of this Bond, will be construed
as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
10 common
UNIF GIFT MIN ACT
Custodian
(Cust)
(Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
(State)
Act. . . . . . . . . . .
Additional abbreviations may also be used though not in the above list.
9
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby
irrevocably constitute and appoint attorney to transfer the said Bond on the
books kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name as it
appears upon the face of the within Bond in every particular, without alteration or
any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee
program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or
MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee
requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
Please insert social security or other identifYing
number of assignee
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(<6-/)
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books ofthe Registrar in the name ofthe person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID # 13-2555119
[End of form of Bond]
4.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond.
Section 5.
Payment; Security; Pledges and Covenants.
5.01. Debt Service Fund. (a) The Bonds are payable from the General Obligation Capital
Improvement Bonds, Series 2007 A Debt Service Fund (the "Debt Service Fund") hereby created, and the
proceeds of the ad valorem taxes (the "Taxes") hereinafter levied are hereby pledged to the Debt Service
Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in
the Debt Service Fund to pay the same, the City Finance Manager will pay such principal or interest from the
general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of
the Taxes levied by this resolution, when collected. There is appropriated to the Debt Service Fund
(i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price
paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with
Section 2.02. and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds.
(b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any
other funds appropriated for the Improvement and Taxes collected during the construction of the
Improvement will be deposited in a separate construction fund (the "Construction Fund") to be used solely to
defray expenses of the Improvement and the payment of principal and interest on the Bonds prior to the
completion and payment of all costs of the Improvement. Any balance remaining in the Construction Fund
after completion of the Improvement may be used to pay the cost in whole or in part of any other capital
improvementinstituted under the Act. When the Improvement is completed and the cost thereof paid, the
Construction Fund is to be closed and subsequent collections of Taxes for the Improvement are to be
deposited in the Debt Service Fund.
5.02. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there
is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread
upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to
the Debt Service Fund and will be in the years and amounts as shown in Exhibit B.
5.03. Certification to Taxpaver Services Division Manager as to Debt Service Fund Amount. It
is determined that the estimated collection of the foregoing Taxes will produce at least five percent in excess
of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy
herein provided will be irrepealable until all of the Bonds are paid, provided that at the time the City makes
its annual tax levies the City Finance Manager may certify to the Taxpayer Services Division Manager of
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Hennepin County the amount available in the Debt Service Fund to pay principal and interest due during the
ensuing year, and the Taxpayer Services Division Manager will thereupon reduce the levy collectible during
such year by the amount so certified.
5.04. Certificate of Taxpaver Services Division Manager as to Registration. The City Manager is
authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division
Manager and to obtain the certificate required by Minnesota Statutes, Section 475.63.
Section 6.
Authentication of Transcript.
6.01. City Proceedings and Records. The officers of the City are authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of
proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be required to show the facts within
their knowledge or as shown by the books and records in their custody and under their control, relating to
the validity and marketability of the Bonds, and such instruments, including any heretofore furnished,
may be deemed representations of the City as to the facts stated therein.
6.02. Certification as to Official Statement. The Mayor, City Manager and City Finance
Manager are authorized and directed to certify that they have examined the Official Statement prepared
and circulated in connection with the issuance and sale of the Bonds and that to the best of their
knowledge and belief the Official Statement is a complete and accurate representation of the facts and
representations made therein as of the date of the Official Statement.
.
6.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount
of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy
& Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing
date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc.
Section 7.
Tax Covenant.
7.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of
the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect
at the time of such actions, and that it will take or cause its officers, employees or agents to take, all
affirmative action within its power that may be necessary to ensure that such interest will not become
subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as
hereafter amended and made applicable to the Bonds.
7.02. No Rebate Required. The City will comply with requirements necessary under the Code
to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103
of the Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess
investment earnings to the United States.
.
7.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the
Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be
a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code.
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7.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-
exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following
factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b )(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than any
private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City
(and all subordinate entities of the City) during calendar year 2007 will not exceed $10,000,000;
and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2007 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
Section 8.
Book-Entry Svstem; Limited Obligation of City.
.
8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its
successors and assigns CDTC"). Except as provided in this section, all of the outstanding Bonds will be
registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
.
8.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent
will have no responsibility or obligation to any broker dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any
other person (other than a registered owner of Bonds, as shown by the registration books kept by the
Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the
payment to any Participant or any other person, other than a registered owner of Bonds, of any amount
with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the
Paying Agent may treat and consider the person in whose name each Bond is registered in the registration
books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the
registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy
and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest
on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the
obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect
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that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.,"
will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will
promptly deliver a copy of the same to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action
necessary for all representations of the City in the Representation letter with respect to the Registrar and
Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds
that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will issue,
transfer and exchange Bond certificates as requested by DTC and any other registered owners in
accordance with the provisions of this Resolution. DTC may determine to discontinue providing its
services with respect to the Bonds at any time by giving notice to the City and discharging its
responsibilities with respect thereto under applicable law. In such event, if no successor securities
depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in
accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method
of payment thereof.
.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with
respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will
be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth
in the Representation Letter.
Section 9.
Continuing Disclosure.
9.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the
Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds;
however, any Bondholder may take such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the City to comply with its obligations under this
section.
9.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate"
means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the
date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to
time in accordance with the terms thereof.
.
Section 10 Defeasance. When all Bonds and all interest thereon, have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full
payment of the principal of and interest on the Bonds will remain in full force and effect. The City may
discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be
14
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18-fr;'
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
15
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Attest:
Passed and adopted this 12th day of June, 2007.
City Clerk
/g~ I (p
CITY OF RICHFIELD, MINNESOTA
Mayor
City Manager
16
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/g~ f1
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
17
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I~-Ig
STATE OF MINNESOTA
)
)
) SS.
)
)
COUNTY OF HENNIPIN
CITY OF RICHFIELD
I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council of the City held on June 12,2007, with the
original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar
as they relate to the issuance and sale of $4,800,000 General Obligation Capital Improvement Bonds,
Series 2007A of the City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this _ day
of June, 2007.
City Clerk
Richfield, Minnesota
(SEAL)
.
.
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J~-lCJ
STATE OF MINNESOTA
CERTIFICATE OF TAXPAYER
SERVICES DIVISION MANAGER AS
TO TAX LEVY AND REGISTRATION
COUNTY OF HENNEPIN
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby
certify that a resolution adopted by the City Council of the City of Richfield, Minnesota, on
June 12,2007, levying taxes for the payment of $4,800,000 General Obligation Capital Improvement
Bonds, Series 2007A, dated as of July 10,2007, has been filed in my office and said obligations have
been registered on the register of obligations in my office and that such tax has been levied as required by
law.
WITNESS My hand and official seal this _ day of June, 2007.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
RESOLUTIONS
19
165
STAFF REpORT
:RIG~lCIEL~
? t (
" ,
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
CHRIS REGIS, FINANCE MANAGER
NAME. TITLE
COUNCIL PRESENTER:
o
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the resolution awarding the sale of $4,250,000 General Obligation
Improvement Bonds, Series 2007B.
1. RECOMMENDED ACTION:
By Motion: Approve the resolution awarding the sale of $4,250,000
General Obligation Improvement Bonds, Series 2007B, fixing their
form and specifications; directing their execution and delivery; and
providing for their payment.
I II. BACKGROUND I
On May 22,2007, the City Council adopted a resolution providing for the sale of
General Obligation (G.O) Improvement Bonds, Series 2007B, to provide funding for
the construction of a new intersection at 66th Street and 17th Avenue as part of the
Cedar Point Project.
Bids on the G.O. Capital Improvement Bonds are due in the offices of Ehlers &
Associates, Inc. on June 12, 2007. A representative from Ehlers & Associates, Inc.
will be at the City Council meeting to recommend the successful bidder and review
attached documents, and provide information that is absent from the resolution and
available only after the bidding on the certificates has closed.
Following Ehlers & Associates, Inc. recommendation, it would be appropriate for the
City Council to award the bond sale to the qualified buyer and undertake other
related actions as necessary as delineated in the approving resolution. The closing
on the bonds is scheduled for mid-July 2007.
BASIS OF RECOMMENDATION
I III.
0612GOlmprovementBonds
.
IA.
POUCy I
. The City Councii approved the call for sale of the G.O. Improvement
Bonds, Series 2007B at the May 22,2007 City Council meeting.
. The proposed new intersection is consistent with the Cedar Avenue
Redevelopment Master Plan that calls for new land uses that are
compatible with the nearby Minneapolis/St. Paul International Airport.
. At the February 13, 2007 meeting, the City Council approved plans
and specifications for the new intersection.
I B. CRITICAL ISSUES I
. According to the agreement between the City and the developer, the
new intersection needs to be open for traffic on August 1, 2007.
I C.
.
FINANCIAL I
. The estimated total cost of the new intersection is estimated to be
$5,240,000.
. The Par amount of the bonds to be issued is $4,250,000.
. Net proceeds to be used for the project, after underwriter's discount
and costs of issuance, will be $4,035,000.
. As part of the development agreement, the developer, Ryan
Companies has agreed to pay $850.000, which is 20% of the par
amount of the bonds.
. The debt service on the bonds will be paid from a combination of a
debt tax levy and a special assessment levied against the developer in
the amount of $850,000.
. The annual tax levy to provide for the debt service of the bonds will
average $268,470 over the 20-year life of the bonds.
. The estimated annual increases in taxes due to the issuance of these
bonds for a residential property valued at $250,000 will be
approximately $22.92.
. Additional funding for the project will come from the Metropolitan
Airports Commission ($500,000) and Municipal State Aid Funds
($490,000).
I D. LEGAL I
. Legal counsel has been involved in the bond sale transaction as bond
counsel to the City.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Decide not to proceed with the award of sale of bonds and look for
alternative funding to fulfill the City's obligation under its agreement with
Ryan Companies to construct a new intersection as part of the Cedar Point
Project.
I V. A TT ACHMENTS
. Resolution.
I VI. PRINCIP AL PARTIES EXPECTED AT MEETING
. Sid Inman, Ehlers & Associates, Inc.
. Rebecca Kurtz, Ehlers & Associates, Inc.
.
tCf-I
.
Extract of Minutes of Meeting
of the City Council of the City of
Richfield, Hennepin County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Richfield, Minnesota, was duly held in the City Hall in said City on Tuesday, June 12,2007, commencing
at 6:30 P.M.
The following members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that the next order of business was consideration of the proposals which
had been received for the purchase of the City's $4,250,000 General Obligation Improvement Bonds,
. Series 2007B.
The City Clerk presented a tabulation of the proposals that have been received in the manner
specified in the Pre-Sale Report the Bonds. The proposals are as set forth in Exhibit A attached.
After due consideration of the proposals, Member
then introduced the
following written resolution, the reading of which was dispensed with by unanimous consent, and moved
its adoption:
.
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{Cf---d.
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $4,250,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES
2007B; FIXING THIER FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota
(the "City") as follows:
Section 1.
Sale of Bonds.
1.01 It is hereby determined that:
(a) the following assessable public improvements (the "Improvements") have been
made, duly ordered or contracts let for the construction thereof, by the City pursuant to the
provisions of Minnesota Statutes, Chapter 429 (the "Act"):
Project Designation & Description:
Total Project Cost
Deposit to Project Construction Fund
Construction of new four-lane roundabout at SSAH 53 Richfield Pkwy
New storm sewer trunk line that drains new regional pond
Relocation of existing water and sanitary sewer mains
Related landscaping
Deposit to Capitalized Interest Fund
Cost of Issuance
Gross Bond Insurance Premium
Underwriter's Expense
Rounding Amount
$4,035,000.00
124,721.67
28,000.00
16,000.00
42,500.00
3,778.33
$4.250.000.00
Total
(b) it is necessary and expedient to the sound financial management of the affairs of
the City to issue $4,250,000 General Obligation Improvement Bonds, Series 2007B (the
"Bonds") pursuant to the Act to provide financing for the Improvements.
1.02. Award to the Purchaser and Interest Rates. The proposal of
(the "Purchaser") to purchase the Bonds of the City
described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is
hereby accepted, the proposal being to purchase the Bonds at a price of $ , plus accrued
interest to date of delivery, for Bonds bearing interest as follows:
2
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Year
Interest Rate
Year
Interest Rate
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
True interest cost:
1.03. Purchase Contract. The sum of $ , being the amount proposed by the
Purchaser in excess of $4,191,500, shall be credited to the Debt Service Fund hereinafter created or
deposited in the Construction Fund established under Section 4.01(b) hereof, as determined by the City
Finance Manager, in consultation with the City's financial advisor. The City Finance Manager is directed
to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return
the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute
a contract with the Purchaser on behalf of the City.
.
1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the
Bonds pursuant to Act in the total principal amount of $4,250,000, originally dated July 10,2007, in the
denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing
interest as above set forth, and maturing serially on February 1 in the years and amounts as follows:
Year Amount Year Amount
2009 $ 2019 $
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
2015 2025
2016 2026
2017 2027
2018 2028
.
1.05. Optional Redemption. The City may elect on February 1,2017, and on any day
thereafter to prepay Bonds due on or after February 1,2018". Redemption may be in whole or in part and
if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of
a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the
particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each
participant's interest in such maturity to be redeemed and each participant will then select by lot the
beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
[1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.]
3
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Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest
thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft
issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment
date preceding the date of authentication to which interest on the Bond has been paid or made available
for payment, unless (i) the date of authentication is an interest payment date to which interest has been
paid or made available for payment, in which case the Bond will be dated as of the date of
authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case
the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on
February 1 and August 1 of each year, commencing February 1, 2008, to the registered owners of record
thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or
not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent
and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the
Registrar with respect thereto are as follows:
.
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory
to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized
by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate principal amount
and maturity, as requested by the transferor. The Registrar may, however, close the books for
registration of any transfer after the fifteenth day of the month preceding each interest payment
date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar
for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in
good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether
4
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the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes and payments so made to
registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the
liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee
or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated. Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in
lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a
Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the
Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it
and as provided by law, in which both the City and the Registrar must be named as obligees.
Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such
cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has
already matured or been called for redemption in accordance with its terms it is not necessary to
issue a new Bond prior to payment.
.
(i) Redemption. - In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of
the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond
to be redeemed at the address shown on the registration books kept by the Registrar and by
publishing the notice if required by law. Failure to give notice by publication or by mail to any
registered owner, or any defect therein, will not affect the validity of the proceedings for the
redemption of Bonds. Bonds so called for redemption will cease to bear interest after the
specified redemption date, provided that the funds for the redemption are on deposit with the
place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Wells Fargo Bank, National
Association, Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust
company authorized by law to conduct such business, the resulting corporation is authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the
services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash
and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor
Registrar. On or before each principal or interest due date, without further order of this Council, the City
Finance Manager must transmit to the Registrar monies sufficient for the payment of all principal and
interest then due.
.
2.05. Execution. Authentication and Deliverv. The Bonds will be prepared under the direction
of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City
Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the
originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to
be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and
5
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ICl--(P
sufficient for all purposes, the same as if the officer had remained in office until delivery.
Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any
security or benefit under this Resolution unless and until a certificate of authentication on the Bond has
been duly executed by the manual signature of an authorized representative of the Registrar. Certificates
of authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered
under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City
Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with
the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the
application ofthe purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one
or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as
may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and
delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3.
Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the
following form:
(The remainder ofthis page is intentionally left blank.)
6
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[Form of Bond]
No.R-
$
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF RICHFIELD
GENERAL OBLIGA nON IMPROVEMENT BOND, SERIES 2007B
Interest
Rate
Maturity
Date of
Original Issue
CUSIP
_%
February 1,20_
July _, 2007
Registered Owner: Cede & Co.
.
The City of Richfield, Minnesota, a duly organized and eXIstmg municipal corporation in
Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received
hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum
of $ on the maturity date specified above, with interest thereon from the date hereof at the
annual rate specified above, payable February 1 and August 1 in each year, commencing
February 1, 2008, to the person in whose name this Bond is registered at the close of business on the
fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon
and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by Wells Fargo Bank, National Association, Minneapolis,
Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated
successor under the Resolution described herein. For the prompt and full payment of such principal and
interest as the same respectively become due, the full faith and credit and taxing powers of the City have
been and are hereby irrevocably pledged.
The City may elect on February 1,2017, and on any day thereafter to prepay Bonds due on or
after February 1, 2018. Redemption may be in whole or in part and if in part, at the option of the City and
in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption,
the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be
prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be
redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to
be redeemed. Prepayments will be at a price of par plus accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified
tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986,
as amended (the "Code") relating to disallowance of interest expense for financial institutions and within
the $10 million limit allowed by the Code for the calendar year of issue.
.
This Bond is one of an issue in the aggregate principal amount of $4,250,000 all of like original
issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued
pursuant to a resolution adopted by the City Council on June 12,2007 (the "Resolution"), for the purpose
of providing money to defray the expenses incurred and to be incurred in making local improvements,
pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of
the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest
hereon are payable primarily from ad valorem taxes for the City's share of the cost of the improvements
7
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and from special assessments against property specially benefited by local improvements, as set forth in
the Resolution to which reference is made for a full statement of rights and powers thereby conferred.
The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City
Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the
event of any deficiency in taxes and special assessments pledged, which additional taxes may be levied
without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds
in denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered owner
hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together
with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner
or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Registrar may deem and treat the person in whose name this Bond is registered
as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment
and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of the
State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance
of this Bond in order to make it a valid and binding general obligation of the City in accordance with its
terms, have been done, do exist, have happened and have been performed as so required, and that the
issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory,
or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under
the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by
manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City
Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated: July lO, 2007
CITY OF RICHFIELD, MINNESOTA
(Facsimile)
(F acsimile)
City Manager
Mayor
8
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By
The following abbreviations, when used in the inscription on the face of this Bond, will be
constructed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
In common
UNIF GIFT MIN ACT
Custodian
(Cust)
(Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
(State)
Act. . . . . .
Additional abbreviations may also be used though not in the above list.
9
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/0-10
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does
hereby irrevocably constitute and appoint attorney to transfer the said
Bond on the books kept for registration of the within Bond, with full power of substitution in the
premlses.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name as it
appears upon the face ofthe within Bond in every particular, without alteration or
any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature
guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP,
SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the assignee
requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
Please insert social security or other identifying
number of assignee
10
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PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ill #13-2555119
[End of form of Bond]
3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be
complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond.
Section 4.
Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. (a) The Bonds are payable from the Improvement Bonds, Series
2007B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of general taxes
hereinafter levied ("Taxes"), and special assessments ("Assessments") levied or to be levied for the
Improvements described in Section 1.01 are hereby pledged to the Debt Service Fund. If a payment of
principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service
Fund to pay the same, the City Finance Manager is directed to pay such principal or interest from the
general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds
of Taxes and Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized
interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the
Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03
and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any.
(b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with
any other funds appropriated for the Improvements and Taxes and Assessments collected during the
construction of the Improvements will be deposited in a separate construction fund (the "Construction
Fund") to be used solely to defray expenses of the Improvements and the payment of principal and
interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance
remaining in the Construction Fund after completion of the Improvements may be used to pay the cost in
whole or in part of any other improvement instituted under the Act. When the Improvements are
completed and the cost thereof paid, the Construction Fund is to be closed and subsequent collections of
Taxes and Assessments for the Improvements are to be deposited in the Debt Service Fund.
4.02. City Covenants. It is hereby determined that the Improvements will directly and
indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of
the Bonds as follows:
(a) The City has caused or will cause the Assessments for the Improvements to be
promptly levied so that the first installment will be collectible not later than 2008 and will take all
steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized.
The City Council will cause to be taken with due diligence all further actions that are required for
the construction of each Improvement financed wholly or partly from the proceeds of the Bonds,
11
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and will take all further actions necessary for the final and valid levy of the Assessments and the
appropriation of any other funds needed to pay the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in Taxes and Assessments,
the City Council will levy additional ad valorem taxes in the amount of the current or anticipated
deficiency.
(c) The City will keep complete and accurate books and records showing: receipts
and disbursements in connection with the Improvements, Taxes and Assessments levied therefor
and other funds appropriated for their payment, collections thereof and disbursements therefrom,
monies on hand and, the balance of unpaid Assessments. .
(d) The City will cause its books and records to be audited at least annually and will
furnish copies of such audit reports to any interested person upon request.
4.03. Pledge of Tax Levy. It is determined that at least 20% of the cost of the Improvements
will be specially assessed against benefited properties. For the purpose of paying the principal of and
interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable
property in the City, which will be spread upon the tax rolls and collected with and as part of other
general taxes of the City. The taxes will be credited to the Debt Service Fund and will be in the years and
amounts as shown in Exhibit B.
.
4.04. Certification to Taxpayer Services Division Manager as to Debt Service Fund Amount. It
is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce
at least five percent in excess of the amount needed to meet when due the principal and interest payments
on the Bonds. The tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at
the time the City makes its annual tax levies the City Finance Manager may certify to the Taxpayer
Services Division Manager of Hennepin County the amount available in the Debt Service Fund to pay
principal and interest due during the ensuing year, and the Taxpayer Services Division Manager will
thereupon reduce the levy collectible during such year by the amount so certified.
4.05. Taxpayer Services Division Manager Certificate as to Registration. The City Manager is
authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division
Manager of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section
475.63.
Section 5.
Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed to
prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of
proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the
City, and such other certificates, affidavits and transcripts as may be required to show the facts within
their knowledge or as shown by the books and records in their custody and under their control, relating to
the validity and marketability of the Bonds, and such instruments, including any heretofore furnished,
may be deemed representations of the City as to the facts stated therein.
.
5.02. Certification as to Official Statement. The Mayor, City Manager, and City Finance
Manager are authorized and directed to certify that they have examined the Official Statement prepared
and circulated in connection with the issuance and sale of the Bonds and that to the best of their
knowledge and belief the Official Statement is a complete and accurate representation of the facts and
representations made therein as of the date of the Official Statement.
12
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5.03. Payment of Costs ofIssuance. The City authorizes the Purchaser to forward the amount
of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy
& Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing
date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc.
Section 6.
Tax Covenant.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of
the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action
which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect
at the time of such actions, and that it will take or cause its officers, employees or agents to take, all
affirmative action within its power that may be necessary to ensure that such interest will not become
subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as
hereafter amended and made applicable to the Bonds.
6.02. No Rebate Required. The City will comply with requirements necessary under the Code
to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103
of the Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess
investment earnings to the United States.
6.03. Not Private Activitv Bonds. The City further covenants not to use the proceeds of the
Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-
exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following
factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for
purposes of Section 265(b )(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than any
private activity bonds that are not qualified 50l(c)(3) bonds) which will be issued by the City
(and all subordinate entities of the City) during calendar year 2007 will not exceed $10,000,000;
and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2007 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
Section 7.
Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
13
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issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its
successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be
registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
.
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent
will have no responsibility or obligation to any broker dealers, banks and other financial institutions from
time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any
Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any
other person (other than a registered owner of Bonds, as shown by the registration books kept by the
Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the
payment to any Participant or any other person, other than a registered owner of Bonds, of any amount
with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the
Paying Agent may treat and consider the person in whose name each Bond is registered in the registration
books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the
reglstnibon" books' kepf by'the'Registrar, and all such payments wlJr be valfd an-d eftectual to -tully sabsty
and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest
on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds,
as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the
obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.,"
will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will
promptly deliver a copy of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or
Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action
necessary for all representations of the City in the Representation letter with respect to the Registrar and
Paying Agent, respectively, to be complied with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds
that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will issue,
transfer and exchange Bond certificates as requested by DTC and any other registered owners in
accordance with the provisions of this Resolution. DTC may determine to discontinue providing its
services with respect to the Bonds at any time by giving notice to the City and discharging its
responsibilities with respect thereto under applicable law. In such event, if no successor securities
depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in
accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method
of payment thereof.
.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the
contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with
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respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will
be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth
in the Representation Letter.
Section 8.
Continuing Disclosure.
8.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will comply with and carry out all of the provisions of the Continuing
Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to
comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect
to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate,
including seeking mandate or specific performance by court order, to cause the City to comply with its
obligations under this section.
8.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate"
means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated
the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time
to time in accordance with the terms thereof.
Section 9. Defeasance. When all Bonds and all interest thereon, have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full
payment of the principal of and interest on the Bonds will remain in full force and effect. The City may
discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
15
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The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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ST ATE OF MINNESOTA
)
)
) SS.
)
)
COUNTY OF HENNIPIN
CITY OF RICHFIELD
I, the undersigned, being the duly qualified and acting City Clerk of the City of Richfield,
Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council of the City held on June 12,2007, with the
original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar
as they relate to the issuance and sale of $4,250,000 General Obligation Improvement Bonds, Series
2007B of the City.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this _ day
ofJune,2007.
City Clerk
Richfield, Minnesota
(SEAL)
.
.
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IC1--/~
STATE OF MINNESOTA
CERTIFICATE OF TAXPAYER
SERVICES DIVISION MANAGER AS
TO TAX LEVY AND REGISTRATION
COUNTY OF HENNEPIN
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby
certify that a resolution adopted by the City Council of the City of Richfield, Minnesota, on
June 12,2007, levying taxes for the payment of $4,250,000 General Obligation Improvement Bonds,
Series 2007B, dated as of July 10, 2007, has been filed in my office and said obligations have been
registered on the register of obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _ day of June, 2007.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
Deputy
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
OTHER BUSINESS
20
166
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REPORT PREPARED By:
MELISSA POEHLMAN, PLANNING &
ZONING ADMINlSTRA TOR
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amended off-street parking permit to allow for landscaping changes at
1430 66th St East (EI Jalapeno Market).
1.
RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing an amended off-street
parking permit at 1430 66th Street East (EI Jalapeno Market).
I II.
BACKGROUND I
On September 26, 2006 the City Council approved an off-street parking permit for
EI Jalapeno Market, ocated at 1430 66th Street East. A copy of the approved plans
is attached. These plans and the approved resolution call for the landscape areas
in front of the building to be surrounded by a rolled concrete curb with wood breaks.
At the time of the approval, the applicant stated that the wood breaks were intended
to discourage skateboarders from riding along the curb.
In discussing the installation of this curb with his contractor, the applicant decided
that a retaining wall would be more durable in this location. The applicant installed
this retaining wall without consulting the City. The retaining wall is approximately 16
inches from the City sidewalk and is within the sight triangle.
061207 - OSP 1430 66th St E
.
Additionally, the business located directly to the west of EI Jalapeno Market has
installed a chain link fence along the shared property line. This fence will not allow
the applicant to install the planter approved for the base of his pylon sign. The
applicant proposes to substitute a large (approximately 36"L x 16"H x 15"0) planter
between the sign posts.
.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Retaining walls are required to be set back at least 3-feet from City
sidewalks.
. When the landscaping areas were originally proposed for this area,
there was no talk of a wall and therefore this standard did not apply;
however, staff recommended that the applicant install the curb at least
1-foot behind the sidewalk to minimize damage that could be caused
by sidewalk plowing.
. When installing the retaining wall, the applicant assumed that this
same standard would apply and therefore installed the wall
approximately 16-inches from the sidewalk.
. The Public Works Department believes that the area available will be
adequate for sidewalk plows; however, any damage to the retaining
wall will be the responsibility of the property owner, not the City.
. Corner properties are required to maintain either a 30-foot or 50-foot
clear sight triangle, depending on the traffic control at the intersection.
. An intersection without four-way traffic controls (i.e. stop signs or
signals) is required to maintain a clear sight line within the triangular
area defined as "beginning at the intersection of the projected curb
lines of two intersecting streets, thence 50-feet along one curb line,
thence diagonally to a point 50-feet from the point of beginning on the
other curb line, thence to the point of beginning."
. In this case, a 50-foot sight triangle is unreasonable, as it would clip
the corner of the existing building.
. It is the opinion of the Public Works and Engineering Departments that
due to the location of the wall and the direction of the traffic, a 30-foot
sight triangle is reasonable and adequate to protect drivers.
. In order to maintain this sight triangle, the applicant has removed eight
of the concrete blocks on both the front and east sides of the retaining
wall (see attachment for digitized image).
. The applicant plans to attractively coat the retaining wall with a stucco
finish.
. Staff believes that the proposed planter beneath the pylon sign will
serve the same purpose as the initially proposed permanent planter.
Planters of this size and design are extremely heavy and approved for
four-season use.
.
.
.
.
lB.
CRITICAL ISSUES I
. City staff has been working with the applicant to bring this property
into compliance for years.
. The applicant has made significant progress in completing items
required by the approved off-street parking permit (i.e. installation of
new dumpster enclosure, patched foundation, sign repair, sign
installation, etc).
. The proposed amendments will meet the intent of the originally
approved plans and with the proposed modifications to the wall, will
not pose a hazard.
I C. FINANCIAL I
. The processing fee for the requested amendment has been paid.
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the request for an amended off-street parking permit with a finding that
the proposal would have an adverse impact on adjacent properties or the
City as a whole.
. Revise the attached resolution for an amended off-street parking permit.
I V. A TT ACHMENTS
. Resolution
. Approved plans
. Sight triangle illustration
. Digitized picture of retaining wall with 16 blocks removed
. Resolution requirements checklist
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. George & Antonia Frost, applicants
.
.
.
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RESOLUTION NO.
RESOLUTION GRANTING AN AMENDMENT
TO AN OFF-STREET PARKING PERMIT
AT 1430 66TH STREET EAST
WHEREAS, an application has been filed with the City of Richfield which requests
approval of an amended off-street parking permit for the parcel of land located at 1430
66th Street East, legally described as:
LOTS 10 AND 11, NOKOMIS GARDENS REARRANGEMENT OF BLOCKS 1, 2, 3,
4 AND 5, GIRARD PARKVIEW ADDITION.
WHEREAS, the requested amendment has been reviewed by staff and meets City
requirements; and
WHEREAS, the proposed parking area will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the amended
off-street parking permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That an amended off-street parking permit is hereby approved for 1430 66th Street
East with the following additional stipulations;
2. That all stipulations of Resolution No. 9827 with the exception of those amended below
be met;
3. That stipulation 21 of Resolution No. 9827 be amended to allow the installation of a
portable planter with approximate dimension of 36"L x 16" H x 15"D in place of the
originally approved 5' x 9/5' brick or railroad tie raised planter and that the planter be
maintained in good repair; and
4. That the installation of the planter be completed by June 30, 2007; and
5. That stipulation 24 of Resolution No. 9827 be amended to allow a concrete retaining
wall in place of the originally approved rolled concrete curb with l' by 2' wood breaks,
and that the retaining walls be maintained in good repair.
Adopted by the City Council of the City of Richfield, Minnesota this 12th day of June
2007.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
061207 - OSP 1430 66th St E
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1430 66th St - List of stips, cost, actions. xis
Resolution Lang.Yjge Reguirement Comp'lete as of 6/5/07?
COMPLETED ITEMS
That non-permitted temporary signs, banner Temp. signs Yes
and fasteners be removed immediately and removed
not reinstalled. -
- - -
That no parking be allowed in front of the No parking in Yes
building prior to installation of landscaping front
areas.
- . - - .
That the exterior wall area which has been Repaint wall Yes
used for posting unauthorized signs be
repainted to match the adjoining wall area. - -~-- -- -
That the conduit pipe in the landscaped area Remove Yes
along the northern boundary be removed. conduit pipe
- - -- -- -- - - --
That the fence along the northern boundary Repair fence Yes
of the property be repaired or replaced to
City standards. --
That weeds and volunteer trees be removed I Weed around: Yes
from around the foundation of the building foundation &
and within and around the dumpster dumpster
enclosure.
- .- - - - - -
That the crumbling concrete block Patch & paint Yes
foundation on the east wall be repaired and foundation
paint~d~ -- -- -- - - -
That the opening in the concrete foundation Patch & paint Yes
on the west wall be sealed and painted. foundation
That a minimum of two bids from licensed Submit two Yes
independent contractors for all required site bids
improvement by submitted to the CD Dept.
for escrow calculation
--- n' - --- -
That entrance/exit only signs be installed to Entrance/exit Yes
direct tr~ffic through the site. _~y~ig~ -- -
That the damaged sign faces on the existing Repair pylon Yes
pylon sign be repaired or replaced and the sign, scrape
poles scraped free of rust and repainted. poles
- - -
That a new dumpster enclosure complying New dumpster Yes
with all Health, Buildng and Zoning code enclosure
requirements be installed at the northwest
corner of the building. -- -- -- - --- -
That the current dumpster enclosure be Remove Yes
removed. existing
dumpster
enclosure
---- - -- - -
That "employee only" signs be installed to Employee only Yes
designate stalls along the east side of the parking signs
building as such. . -- --~-
That existing bollards be scraped and Scrape Yes
repainted. bollards
- -
That the damaged back stair railing and Repair back Yes
concrete block be repaired in accordance stair
with Buildinq Code standards.
Page 1 of 3
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~o-C:,
1430 66th St - List of stips, cost, actions. xis
Resolution Lang!!!ge ~~quirement Comp-Jete as of 6/5/07?
That propane storage containers be moved Propane to Yes
to the side or rear of the building prior to side or back
installation of landscape areas in front of the
building=------ - - - -
ITEMS IN PROGRESS
That the landscaped area along the northern I Weed, weed All landscaping changes in
boundary of the property be weeded and a mat, & mulch progress
weed growth inhibiting mat and mulch be
~r?plied. - -
That additional shrubs of the same type that Additional All landscaping changes in
exist currently be added to the landscaped shrubs in back progress
area along the northern boundary line to
form a continuous row of shurbs.
- -- - -~~- ---
That landscaping in front of the building, Landscaping in All landscaping changes in
including but not limited to a concrete front progress
walkway, large planting areas and a bench,
be in compliance with the approved plans on
file with the CD De~ -- -
That shredded hardwood mulch of two Mulch around I All landscaping changes in
inches in depth surround all daylilies and four front progress
inches in depth surround all other shrubs landscaping
and planting~ --
That the use of the public boulevard be in No parking in Applicant working to keep
accordance with an agreement between the blvd, drive customers out of this area
~r?plicant and the PW Dept. aisle only - - --
All landscaping must be maintained and if Maintain N/A
necessary replaced in conformance with
~~proved plans. - ---
I
INCOMPLETE ITEMS
That a cash escrow equal to 100 percent of Escrow for No, staff has not insisted upon
the value of the required improvements, as remaining this so long as progress
determined by the submitted bids, is work continues to be made
provided to the ~l!Y~ _ -- - - --~
That the parking area be repaired and Repair & No
resealed with a material approved by the reseal parking
Public Works Director. lot
--~ -----
All parking areas must be striped in Stripe parking No
accordance with City standards. There are
to be 10 on-site stalls provided. - --
That all parking spaces are accessible year Parking stalls N/A, parking lot work is not yet
round accessible complete
- --
REQUESTED AMENDMENT ITEMS
That the 5' x 9.5' brick or railroad tie raised Raised planter Part of 6/12/07 requested
planter to be installed at the base of the amendment
Ipylon siqn be completed.
Page 2 of 3
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!~) I
h G pICICCn"Gfl T
AGENDA SECTION:
AGENDA ITEM #
REPORT #
OTHER BUSINESS
21
167
STAFF REpORT
CITY COUNCIL MEETING
JUNE 12, 2007
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
D
SIGNATURE
REVIEWED BY CITY
MANAGER:
D
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an agreement for a temporary construction easement and license for parking
with the Dental Health Care Center, 1717 E. 66th Street, as part of Richfield Parkway and 66th
Street Roundabout Pro'ect.
1.
RECOMMENDED ACTION:
By Motion: Approve the attached agreement for a temporary
construction easement and license for parking with the Dental Health
Care Center.
I II.
BACKGROUND I
At the May 22,2007 Council Meeting, Council agreed to provide landscaping in two
areas around the Dental Health Care Center property at 1717 E. 66th Street. The
owners of the dental clinic agreed to maintain these two landscaped areas until
such time that the City approves a redevelopment plan for the same area.
The attached agreement allows the City to perform temporary construction work on
the dental clinic property and permits the clinic to use an eleven-stall parking area
on City property just south of the clinic. The new parking lot restores a number of
parking stalls that were lost when the City closed a dental clinic access to 66th
Street. The new parking area will be available on a month-to-month basis until
redevelopment of the area occurs.
0612 Easement-License Agmt
. I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The easement agreement allows the City to perform necessary
construction work on the dental clinic property.
. The license agreement permits the dental clinic to use City property
for a parking lot.
I B. CRITICAL ISSUES . I
. The easement agreement is needed to allow the City's contractor to
perform necessary construction work on the dental clinic property.
I C. FINANCIAL I
. The easement and license agreement do not involve any additional
cost to the City.
I D. LEGAL I
. The City Attorney prepared the attached easement and license
agreement.
.
I IV. ALTERNATIVE RECOMME1\TDATION(S)
. Council could choose to pay compensation for the loss of parking by the
dental clinic rather than approve a license agreement for parking. City staff
does not recommend this course of action. The City does not have a
redevelopment plan for the area where the proposed parking lot is located.
I V. A TT ACHMENTS I
. Temporary Easement for Construction and License Agreement for Parking
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
.
~ {-I
.
TEMPORARY EASEMENT FOR CONSTRUCTION
AND LICENSE AGREEMENT FOR PARKING
7f
THIS AGREEMENT is made on this 5' day of qfAplE , 2007, by
and between Professional Dental Partnership, a Minnesota partnership, ("Partnership") and
City of Richfield, a Minnesota municipal corporation ("City").
Recitals
.
A. The Partnership is the owner in fee simple of the real estate which is
described as Lots 1 and 2, Block 2, Wexler's Addition, Hennepin County, Minnesota
(partnership Property).
B. The City is the owner of property legally described as Lot 3, Block 2,
Wexler's Addition, Hennepin County (City Parcel)
C. Partnership desires to permit City, its agents, employees, contractors and
invitees to enter upon the Partnership Property immediately for construction purposes.
D. City desires to permit Partnership, its agents, tenants, employees, and
invitees to enter upon the City Property as of April 30, 2007 for parking purposes.
A2reement
.
1. Grant of Temporary Easement. For good and valuable consideration, receipt of
which is acknowledged by the parties hereto, Partnership grants and conveys to the City a
temporary easement over that part of the Partnership Property highlighted in yellow on the
attached Exhibit A for construction purposes, including the right of the City, its contractors,
agents, and employees to enter upon said premises at all reasonable times for the following
purposes: to a) close the driveway access to 66th Street; b) install sod and steps and a
concrete walkway to the back entrance of the clinic; c) restore the sidewalk along 66th street
on existing city property; d) grading, sloping, and aii purposes anciiiary thereto, together
with the right to cut, trim, or remove therefrom trees, shrubs, or other vegetation, except that
the single tree on the north side of the building will not be disturbed. Said temporary
~t-~
.
easement expires on September 30, 2007. The City shall perform all work within the
temporary easement area at the City's sole cost and expense.
2. License for Parking. For good and valuable consideration, receipt of which is
acknowledged by the parties hereto, City grants and conveys to Partnership, its agents,
tenants, employees and invitees an exclusive license to enter upon the City Parcel
highlighted in Blue on the attached Exhibit A for parking purposes (the "Licensed
Area"). This license is terminable upon-l-8&days' written notice by the City.
I~O
3. Irrigation. The City, at its sole cost and expense, will repair any damage that is
done to the existing irrigation system on the Partriership Property. In additib-ri, tlie City wiil
extend the existing irrigation system into the public boulevard area adjacent to the
Partnership Property on the west and also into the Licensed Area. The City will obtain all
necessary boulevard permits and perform the installation work at the City's sole cost and
expense. Partnership agrees to maintain the landscaping in the boulevard area and Licensed
Area at its expense, including operation, maintenance, repair and replacement of the
irrigation system. Upon termination of the license, the City shall be responsible for the cost
of removing the irrigation system from the Licensed Area and reinstalling the irrigation
system on the Partnership Parcel adjacent to the Licensed Area. The Partnership grants a
right of entry to the City, its contractors and agents, over those portions of the Partnership
Property as necessary for the City to fulfill its obligations under this paragraph.
. 4. Taking Claims. Any taking for the loss of access to 66th Street or 18th Avenue (if
removed while the parking license in Paragraph 2 is in effect) will accrue when the parking
license is revoked. The City reserves any and all defenses to any claim related to loss of
access.
5. Indemnity. The City agrees to and shall indemnify, defend and hold harmless the
Partnership, its agents, tenants, employees and invitees from and against any action, claim,
damage, liability, loss, cost or expense (including without .limitation attorneys' fees and
costs) resulting from: (a) any liens which may be attached to the Partnership Parcel for
labor or materials provided by or at the request of City; (b) injury to or death of persons; ( c)
property damage; or (d) any claim, damage, action, loss or destruction whatsoever caused by
City's agents or contractors in connection with City's entry onto the Partnership Parcel,
pursuant to this Agreement.
6. Notices. All notices, demands or other communications under this Agreement shall
be effective only if made in writing and shall be sufficiently given and deemed given when
delivered personally or mailed by certified mail (return receipt requested) or registered mail,
postage prepaid, properly addressed as follows:
To Partnership:
Professional Dental Partnership
1717 East 66th Street
Richfield, MN 55423
.
To CITY
City of Richfield
~I--?>
.
Corrine H. Thomson
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
or to such other person at such other address as that party may, from time to time, designate
in .vriting and forward to the other as provided in this Agreement.
STATE DEED TAX DlJE HEREON: NUNE
Dated this F day of ...:::r ~~
,2007.
PROFESSIONAL DENTAL
PAR ThTERSHIP
CITY OF RICHFIELD
.
B~'J,.~Cp..~
Its: .
BY:~~~
. Its: //fc~t'P--
By:
Its: Mayor , Debbie Goettel
By:
Its: City Manager, Steve Devich
COUNTY OF
)
J
) SS.
)
ST"~~ TE OF MIN"'NESOTA
The foregoing instrument was acknowledged before me this _ day of
,2007, by and , the Mayor
and City Manager of Professional Dental Partnership, a partnership under the laws of the
State of Minnesota.
Notary Public
NOTARY STAMP OR SEAL
.
310084v3 CBR RC145-550
d.1-~
.
STATE OF :MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument
, 2007, by
and of the
corporation under the laws of the State of Minnesota.
was acknowledged before me this _ day of
and , the
City of Richfield, a municipal
NOTARY STAMP OR SEAL
TIllS INSTRUMENT DRAFTED BY:
.
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
.
Notary Public
,:..
.
.
.
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 22
REPORT # 168
....
STAFF REpORT
R1C9HJEIEEEX
~ y "
, ,~ '"
-..-> ~f.~ [,~,~~
CITY COUNCIL MEETING
JUNE 12,2007
REpORT PREPARED By:
RANDY HUGHES, OPERATIONS
SUPERINTENDENT
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
/'
~
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of acceptance of bids for the new Richfield Maintenance Facility
I. RECOMMENDED ACTION:
By Motion: Approve and reject bids as recommended by Short Elliot
Hendrickson (SEH) on the attached report in the amount of
$1,570,967.00 .
I II. BACKGROUND I
Since the May 22, 2007 Council Meeting, post bid interviews have been completed
on six more bid packages for the new Maintenance Facility. SEH is recommending
we accept bids for five of those packages and reject the sixth package. See
attached letter.
I III. BASIS OF RECOMME1\TDATION I
I A. POLICY I
· The original ad for bids was published in the Sun Current on March
29, 2007 with bid openings on April 26, 2007.
061207MaintenanceFacilitybids
~'
.
.
.
The ad for rebids was published in the Sun Current on May 10, 2007
with the bid openings on May 24, 2007
I B. CRITICAL ISSUES I
. All contractors awarded bids have been interviewed and meet the
City's specifications.
. One bid was received for Fluid applied Flooring but was not a
complete bid. Since the estimated cost of this work is less than
$50,000, a formal bidding process is not required. Request for
Proposals have been distributed and price quotations are due on June
12,2007 and award of contract on June 26, 2007.
.
I C. FINANCIAL
. Funding is available for the contracts
. The rebidding process has increased our contingency by $167,101.00
from our last estimate.
I D. LEGAL I
. All contracts or purchases in excess of $25,000 require Council
approval.
. All contracts or purchases over $50,000 require sealed bids to be
solicited by public notice.
I IV.
ALTERNATIVE RECOMMENDATION(S) I
. Council may choose to reject any or all bids and direct staff to obtain new
bids.
I V. A TT ACHMENTS
. Memo from Nancy Schultz
. Bid recommendation from SEH
. Total project budget breakdown
. Bid minutes from April 26,' 2007
. Bid minutes from May 24, 2007
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Staff from Gundlach Champion.
d~-/
.
June 1, 2007
To: Richfield City Council
From: Nancy Schultz, AIA
Short Elliott Hendrickson
Re: New Maintenance Facility
Bid Recommendations for Approval Summary
Post Bid Interviews have been performed and SEH recommends that the following Trade Contractors and
Amounts be approved for the New Maintenance Facility project:
. Bid Packa2:e Trade Contractor Amount
0751 00 Bituminous Roofing System B. L. Dalsin Roofing Co. S562,300
08 30 00 Overhead Doors Garage Door Store S 70,500*
09 20 00 Gypsum Board Systems M. Reinert Drywall, Inc. $120,000
09 30 00 Tiling Grazzini Brothers & Company $ 64,767**
22 00 00 Plumbing Master Mechanical, Inc. 5>753,400
*The low bidder for the Overhead Doors (Twin City Garage Door Co.) did not include in their Bid Day
Proposal the loop detection systems, waterproof controls in the Wash Bay, or stainless steel hardware for
the Wash Bay doors.
**The low bidder for the Tiling (CD Tile & Stone) did not meet the design specifications and have
requested removing their proposal from consideration.
One bid was received for Bid Package 09 67 00 - Fluid Applied Flooring and was not a complete bid.
Request for Proposals for this scope of work have been distributed to four companies and price quotations
are due on June 12,2007. The estimated cost of this work is S45,000.
The Total Project Budget, based on the bids and evaluations through June 1, 2007, is 5>12,900,000, as
shown on the attached documents.
.
Short Elliott Hendrickson Inc., Butler Square Building, Suite 710C, 100 North 6th Street, Minneapolis, MN 55403-1515
SEH is an equal opportunity employer I www.sehinc.com I 612.758.6700 I 866.830.3388 I 612.758.6701 fax
.
.
.
Richfield City Council
June 5, 2007
Page 2
~ d-~ ~
If there are any questions on the information addressed, please contact myself or Stan Kaczmarek with
GCI at your convenience.
Very truly yours,
SHORT ELLIOTT HENDRICKSON
Nancy Schultz, AlA
.",,".
Attachments: TJ:lfulProject Budget Breakdown
~~"~;;r(' h.:.:.
. B1qSummary Spreadsheet
a~-3
Bid Reclmmendadlns fir Apprlval
.
C1lV I' RlchDeld
New Malmenance facllllV
6/1/2007
.
Contract
Bid Packalle Descrintion Amount BIDDER
03000 Concrete $ 1,384,840 Northland Concrete
03410 Precast $ 1,557,000 Hanson Precast
04000 Masonrv w/Concrete Northland Concrete
05000 Steel $ 892,778 Thumbeck Steel
06000 General Trades $ 202,700 Kellinmon Construction
07515 Built-uo Roofina $ 562,300 B.L. Dalsin
08300 Overhead Doors 1 $ 70,500 Garaae Door Store
08400 Alum. Entrances, windows, Glass $ 344,720 W.L.Hall
09200 Gvosum Board Svstems $ 120,000 M. Reinert Drvwall
09300 Tilinn 2 $ 64,767 Grazzini Brothers
09500 Acoustical Panel Ceilinqs $ 23,850 Twin Cijv Acoustics
09670 Fluid Aoolied Flooring 3 $ 45,000 Estimated Amount
09680 Caroetinn $ 44,845 S1. Paul Linoleum
09910 Paintino $ 131,000 Steinbrecher
10510 Metal Lockers $ 22,500 J.F. Equipment
12300 Casework $ 66,865 Northem Woodwork
14200 Hvdraulic Elevator $ 57,867 Schindler Elevator
14240 Freiaht Elevator $ 324,156 Minnesota Elevator
14450 Vehicle Lifts $ 55,426 Automotive Resources
14600 Overhead Cranes $ 45,000 Superior Crane
21000 Fire Protection $ 148,900 Brothers Fire
22000 Plumbina $ 753,400 Master Mechanical
23000 HVAC $ 1,169,000 Master Mechanical
26000 Electrical $ 898,000 C&S Electric
31000 Sijework and Utilijies $ 397,425 Ramsev Excavatina
32000 Pavinn $ 176,885 Bijuminus Roadwavs
32800 I rrioation and LandscapinQ $ 59,900 North Metro Landscaoina
General Condijions $ 879,000 Gundlach Champion
Insurances $ 52,000 Gundlach Champion
Subtotal - $ 10,550,624
Continaencv $ 749,376
CM Fee $ 295,000 Gundlach Champion
Total Construction Cost = $ 11,595,000
Budget
Additional Project Costs Amount
Perm ijs $
Professional Fees $ 825,000
Reimbusables $ 130,000
Voice/Data/Cabling w/Electrical
Owner Fumishings $ 250,000
Property Acquisijion $ 100,000
Total Project Budget = 11$ 12,900,000 II
.
Post Bid Clarification Key
Item # Descriotion
1 Low Bid Dav Overhead Contractor did not include door accessories.
2 Low Bid Dav Tilina Trade Contractor did not meet spec~ications
3 Reiect one bid and send Request for Prooosals for quotes
Recommended Bid PackaQes for Approval
.J Request for Prooosals due on June 12, 2007
Page 1 of 1
~ ;;J. - L/-
.
~ of Richfield
New Maintenance Facility
Total Project Budget Breakdown: 6-01-01
Description
Building Cost w/ Sitework $10,550,624
Construction Contingency $ 749,376
Construction Management Fee $ 295,000
Sub Total Construction $11,595,000
Professional Fees $ 825,000
.
Reimbursables $ 130,000
Voice/Data/Cabling w/Electrical
Owner Furnishings $ 250,000
Property Acquisition $ 100,000
TOTAL PROJECT BUDGET $12,900,000
.
~gclirst.com
GUNDLACH CHAMPION
".....-
Altogether Differenr
O)'d.-~
CITY OF RICHFIELD,Iv1INNESOTA
.
Bid Opening
April 26, 2007
2:00 p.m.
Maintenance Facility - Overhead Doors
Bid No. 07-13
Bid Package 08 30 00
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Nancy Gibbs City Clerk, who announced that the purpose of the meeting
was to receive, open and read aloud, bids for Maintenance Facility-Overhead Doors, as
advertised in the official newspaper on March 29, 2007, and the Construction Bulletin
on March 26, 2007 and April 2, 2007.
Present:
Nancy Gibbs, City Clerk
Cheryl Krumholz, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Contractor Rec Add Base Bid Bid Security
#1,#2,#3,#4
.
Garage Door Store ~ $70,500 Cashiers Ck
Twin City Garage Door Co. ~ $70,000 None
The City Clerk announced that the bids would be tabulated and considered at the June 12,
2007 City Council Meeting.
Nancy Gibbs
City Clerk
.
.
.
.
dd--(P
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 24,2007
2:00 p.m.
Maintenance Facility - Plumbing
Bid No. 07-28
Bid Package 22 00 00
Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff
was called by Cheryl Krumholz Acting City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for Maintenance Facility-
Plumbing, as advertised in the official newspaper on May 10, 2007.
Present:
Cheryl Krumholz, Acting City Clerk
Judy Wood, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Contractor
Rec Add #1
Bid Security
Base Bid
Master Mechanical Inc.
$753,400
0.1
0.1
Northern Air Corporation
$849,900
0.1
0.1
Horwitz, Inc.
$929,944
0.1
0.1
The Acting City Clerk announced that the bids would be tabulated and considered at the
June 12, 2007 City Council Meeting.
Cheryl Krumholz
Acting City Clerk
.
.
.
ad.~l
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 24, 2007
2:00 p.m.
Maintenance Facility - Tiling
Bid No. 07-16
Bid Package 09 30 00
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Cheryl Krumholz Acting City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for Maintenance Facility - Tiling,
as advertised in the official newspaper on May 10, 2007.
Present:
Cheryl Krumholz, Acting City Clerk
Judy Wood, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Contractor
Rec Add #1
Bid Security
Base Bid
Grazzini Brothers & Company
$64,767
~
~
Black Hawk Tile and Stone Inc.
Cashiers
Check
$71,164
~
CD Tile and Stone, Inc.
$54,425
~
~
The Acting City Clerk announced that the bids would be tabulated and considered at
the June 12, 2007 City Council Meeting.
Cheryl Krumholz
Acting City Clerk
.
.
.
aa~8
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 24, 2007
2:00 p.m.
Maintenance Facility - Gypsum Board Systems
Bid No. 07-15
Bid Package 09 20 00
Pursuant to requirements of Resolution No.1 015, a meeting of the Administrative Staff
was called by Cheryl Krumholz Acting City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for Maintenance Facility-
Gypsum Board Systems, as advertised in the official newspaper on May 10, 2007.
Present:
Cheryl Krumholz, Acting City Clerk
Judy Wood, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Contractor Rec Add #1 Bid Security Base Bid
M. Reinert Drywall, Inc. III III $120,000
W. Zintllnc. III III $164,950
RTL Construction Inc. III III $146,900
Friedges Drywall Inc. III III $188,800
The Acting City Clerk announced that the bids would be tabulated and considered at
the June 12, 2007 City Council Meeting.
Cheryl Krumholz
Acting City Clerk
.
.
.
d8--g
CITY OF RICHFIELD, MINNESOTA
Bid Opening
May 24, 2007
2:00 p.m.
Maintenance Facility - Modified Bituminous Roofing System
Bid No. 07-12
Bid Package 07 51 50
Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff
was called by Cheryl Krumholz Acting City Clerk, who announced that the purpose of
the meeting was to receive, open and read aloud, bids for Maintenance Facility-
Modified Bituminous Roofing System, as advertised in the official newspaper on May
10, 2007.
Present:
Cheryl Krumholz, Acting City Clerk
Judy Wood, City Manager Representative
Randy Hughes, Operations Superintendent
The following bids were submitted and read aloud:
Contractor Rec Add #1 Bid Security Base Bid
Dalco Roofing and Sheet Metal Co. ~ ~ $701,246
Central Roofing Company .., ~ $627,537
B. L. Dalsin Roofing ~ ~ $562,300
Walker Roofing Company Inc. ~ ~ $683,500
M & S Roofing Inc ~ ~ $572,200
Palmer West Construction Co. Inc. ~ ~ $594,500
Seal Roofing Commercial Division ~ ~ $578,985
Berwald Roofing Co. Inc ~ ~ 752,832
The Acting City Clerk announced that the bids would be tabulated and considered at
the June 12, 2007 City Council Meeting.
Cheryl Krumholz
Acting City Clerk