The URL can be used to link to this page

04-27-2004 AgendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING TUESDAY, APRIL 27, 2004 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 1. Discussion of low frequency noise study 2. Discussion of School District's facilities study Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 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 opportun-ty 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: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of April 13, 2004; (2) Special City Council Meeting of April 13, 2004; (3) Special City Council Meeting of April 17, 2004; and (4) Special Concurrent City Council and Richfield School District Meeting of April 19, 2004 PRESENTATIONS 1. Presentation of Richfield Public Safety Officer of Year Award to Richfield Police Officer Andrew Landon 2. Presentation of proclamation designating May 16, 2004 as Earth Day and Arbor Day in Richfield 3. Presentation of proclamation designating May as Arbor Month in Richfield 4. Presentation of proclamation designating May 2-8, 2004 as National Drinking Water Week in Richfield 5. Presentation of proclamation designating May 16-22, 2004 as National Public Works Week in Richfield 6. Recognition of Richfield City Clerk Nancy Gibbs as Certified Municipal Clerk of Minnesota by Municipal Clerks and Finance Officers Association of Minnesota Notes: COUNCIL DISCUSSION 7. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 8. City Manager's report 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 resolution granting temporary off-street parking permit for 6901 Lyndale Avenue S.R. No. 67 B. Consideration of approval of resolution supporting legislation providing improved funding for I-494 Corridor improvements S.R. No. 68 C. Consideration of approval of resolution authorizing transfer of $250,000 from 2003 General Fund -Fund Balance to Government Buildings fund to establish funds for renovation of City Hall effective December 31, 2003 S.R. No. 69 D. Consideration of approval of resolution supporting recommendation of MSP Noise Oversight Committee for noise mitigation in residential areas S.R. No. 70 E. Consideration of approval of continuing public hearing and second reading to May 25, 2004 of amendments to Richfield Zoning Code Sections 506 and 526 and Richfield City Code Section 920 creating regulations for firearms related uses S.R. No. 71 ~. Notes: 11. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 12. Public hearing and consideration of resolution amending Academy of Holy Angels Educational Facilities Revenue Notes, Series 2002 and 2003 Staff Report No. 72 Notes: 13. Public hearing and consideration of resolution approving preliminary plat for Penn Place townhome project Staff Report No. 73 Notes: OTHER BUSINESS 14. Disciplinary hearings and consideration of resolutions regarding civil enforcement for establishments in Richfield that recently underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report No. 74 Notes: 15. Consideration of Mn/DOT's approved I-35W/T.H. 62 "Crosstown Commons" layout; municipal consent process; set public hearing; and acceptable mailing area for notification of public hearing Staff Report No. 75 Notes: 16. Consideration of Alternative 2 as preferred design for connector road between Cedar Avenue and 18th Avenue as part of 66th Street and Highway 77 Interchange Project Staff Report No. 76 Notes: 17. 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 fhe Council must have registered prior to the meeting. Notes: 18.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: Other Business AGENDA ITEM # 1 G REPORT # 7C - STAFF REPORT .~,. CITY COUNCIL MEETING APRIL 27,.2004 Related to: CITY COUNCIL GOAL(S) No. 36 AND/OR RICHFIELD 2020 GOAL(S) NO 39 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~~'' C .a G SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Approve Alternative 2 as the preferred design for a connector road between Cedar Avenue and 18th Avenue as art of the 66th Street and Hi hwa 77 Interchan a Pro'ect. I. RECOMMENDED ACTION: By Motion: Approve Alternative 2 as the preferred design for a connector road between Cedar Avenue and 18th Avenue as part of the 66th Street and Highway 77 Interchange Pro II. BACKGROUND The Metropolitan Airports Commission is planning to widen the 66th Street Bridge over Highway 77 as part of the project to construct the North-South runway. The new alignment for the south bound on-ramp for Highway 77 requires that the Cedar Avenue frontage road be terminated south of 66th Street. A new connector road is needed to shift traffic away from the 66th Street and Cedar Avenue intersection when the new 66th Street and Highway 77 Interchange is built in 2005. 0427 Cedar-18th The Transportation Committee presented three design alternatives to residents of east Richfield at a public open house on March 24, 2004 for a road connecting Cedar Avenue to 18th Avenue in the vicinity of 67th Street. Public comments from the open house are attached. All residents opposed Alternative 1-provided access to 67th Street to the west from the new connector road. Alternative 2 retained access to two homes that currently have their access to 67th Street. The two residents whose properties have access to 67th Street supported Alternative 2 as did many of their neighbors. Proposed berms to screen homes on 17th Avenue were opposed by one resident who favored a fence to provide screening. He believed a grassy berm would not be adequately maintained. III. BASIS OF RECOMMENDATION A. POLICY • The proposed improvement would promote traffic calming by limiting traffic in the residential area west of 18th Avenue. The proposed improvement will protect residences from increased traffic using 18th Avenue to gain access to 66th Street. B. CRITICAL ISSUES • The proposal separates residential properties from the increased traffic that will be traveling on 18th Avenue south of 66th Street. C. FINANCIAL • The cost of the improvement will be paid for the Metropolitan Airports Commission. The City will not contribute any funds to the project. D. LEGAL • The City Attorney will be available to answer any questions. IV. ALTERNATIVE RECOMMENDATION~S~ • There were two other alternatives for the design of the connector road. Maps of all three design options are attached. Alternative 3 was favored by some residents but it caused a hardship on two residents who would lose access to 67th Street. V. ATTACHMENTS • Report on the March 24, 2004 Public Open House including maps of the three alternatives and the public comments received. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. d' t 'C ~ ~ N ~ ~ 0 ~ ~ Q O O- z x ~ > ~ a • (~ N ~ ti ~ - o ~ ~ a~i ~ ~ T ~ ~ •.1 ~ 5... ~ ~ > Q ~ n °' ti ~ o ~ ~ ~ ~ ~ ~ ~ ~ o w- d O ~ p ~ p v ~ ~ O N ~ O am ~ ~ ~ ~~ ~ U p Q y -. ti O d ~••~ ~ ~ L ~ ~ ~ ~ ~ ~ + O fA tp ~ ~ ~ C C N Q (~ d~ O O ~ ~ ~ O O ~ > Q U ~ ~C 00 O O L U ~ T v~ U ~ C C Q ~ ~ ~ ~ ~ O ~ E N ., + ~ ~ .. ++ ++ ~ ~ ,. ~ +-> " o O ~- ~ O ~ N "~ O •L .F ~~ N ~ 1- ~ o U ~ O W ~~ ~/~~ Wj ~ W V/ ~ ~ {..~ L ~ ~~\ W / ~F~ ~ ~1~ v' ~ U~ ~ ~ V ~ ~~ ~~ 3-1 '~ ~, •-~ Q C ~i~ Q ~ ~ ~ O •~ / /~ O vJ U s ~ N N ~ ~ ~ Q "_' Y ~ ~ ~ ~ V v . cd ~ ~ Q Q ~ > -,.-~ N O ~ ~ ~ °> O ~ O ~ ~ ~ U ~ as d ~o a~a~ ~ `~~ ~,~ y N O O O ~' ~ cd U~ ~ ~ ~ C ~= ~ Q Y O ~ ~ _ V Q V p cd 4- ~ >' >, f6 ~ O C~ Q ~ ~ O ~ ~ ~ ~ d d ~ d > , s., ~ O i N Q ;,_ N ~ ~ ~, O > N a O t6 0 0 0 c}, ~ Q. N D t V1 O O O= Q ~~ N .~ ~ N ~ 00 Q Q Q Q r ~--~ N r r r r r t z o w ~ ~ -~ ~ ~ ~ y ~ o M N ~ N Ln Q ( M p M ~ p M p ~ C/~ N N ~ O ~ ~ fl ~.. ~ ~, ~ y ~,--. a~ t ' O ~ ~ ~ f V~ ~ r ~ C0 ~ ~ ~n " ~ I ) N " ~ ~" ~ Cfl ~ ~N ~ S i ~ ~ ` l0 ~~ ~ i ~ aZ ~ ~ ~~ ~~ ~ ~ N Q ~ ~ }' ~~'~CO ~^a ~'~'rs cC~'d ~ ~~~ ~ ~ ors a~ ~ ~ a `° ~ ~ ~ ~ ~+-~ ~ a~ c ~., V O r '~ ~ ~ V L ~ O V O a rn ~ U p a ~ O U~ ~ ~~ U~ ~ w r~a .~ ~ ~a. Zc~ ~ o~ v~ a~a or~ a L a N U o w 'a N d d ~ ~ ~ ~ x ~ > v] .~ O ~ N N d d Q y ~ ~ ~ ~ T ~ ~ ~ ~ ~ ~ ~ ~ +~ L }Li d ~ ~ ~ ~ ,~ d ~ ~ 9 Q' U ~ ~ ti ~ ~ ~~ U ~ o ~ y- ,F '-' `~' U ~ ~ -~ ~ ~ V) ++ ~ N ~ ~ ~ L O N N ,~ N ~ o p V ~ ~ N . ~ I ~ C ~ O N N~Q C O ~ ~ ~ N O r J V- +r 00 c6 N C N U1 i, ~ ~ ~ o ~ O ~ ~ ~ ~ ~ ~ ~ ~ t~ V ~ N ~ N ~ cA o .~ ~ N~ V) O C d~ .a ~ C 6 > Q NCO O U Q ~ _. ~ ~ '. f a0 ~-- O ~ N O V N L 00 d d O ~ r O Q~ O O r L L ~ ~ ~ ~ fn O ~ ~ O ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ Ns s y r O Q ~ ~- ~ +r O U ~ (n~~ t6 ~ ~ d ~ ~ O O ~ ~ O V y C U ti ~ -~ ~ Q `-~' "r O~ Q N N W ~ O ~ ~ +r C~ ~ C N - N 'a v v ~~ ~ N ~ N 0 N Y p~ cv ~ a; N N O~$ N M L ~ ~ ~ ~ ~ ~ ~ ° . o ai o ~ ~° ~ ~ o ~ ~ c bA O Q ~ p O r N~ M N 'v~ ~ i ~ ~ U i ~ > > r > p ~ O ~' ~ ~ ~ > > ++'++ ~'~ d Uv~ Z ~ O ~JQ¢ ~- > ~ Q Q Q Q r ,-i (~j r r r ('V r U H z w N O M N O M O N N O M ~"• M O N O Uj ~ N ~ ~ ~ ~ ~ l t~ ~ N ~" ~ ~ N ~ ~' N U ~ oo , x'40- c Z w ~ ~ ~ ~,~' ~ ~ ~ "~ ~ ~ a~ ~ ~ ~ ~, ai ~ L O ~ O ;,~ ~ rn ,~ ~, oo ,~ ~ O ,~ z~a. ~1~r~a w~c~a~ w.o~4a, ~~oww O 0 N N L L (6 O (~6 O `+- :~ .Q U N N C .~ C w O f~ 0 N 4= t U >+ N O l.L 0 1 ~ i' ; ; I ~~~~ I ~ I : ; ; 1 ;ti ; ; I t I ; 1 I~-, ; ~ ~ I ±-- -~ ~ I -I; ~---- I L___ _ I ; ' E. 64th St ;al . - - I I . -- - ~-- -- - , I .I - - I I I '~ 1 ' ' I I; SCALE 1:300 LEGEND: ~~ I I I L Q li , i I 0 200 400 o ;I I PROPERTY RECENTLY ACQUIRED -I ~ 1 1 I , I ~I I ;~ I ;:,:: I PROPOSED ROADWAY j _v ~~ ~ I ' II I OII I ® PROPOSED CITY OF RICHFIELD ROAD ~Ir I ,41 I --I I I I ; I ___ , I i I ®ROAD VACATED ~ I~ I I ~~ C__J BERM -~---_ . -- L - _J . ~ I E. 65th St, i J• . °; I -. n I , 1 ~, -~ ' i -- --, ; I I ~ ~ ~-----I 4 • N ~:' uu~i II i I I I I II ~ I t " ' I:I Q ~ 1 I ~ i a l ~ i -_ ~ i NI ti . ` m ~ ~ ,~ ~ i •j I ~ -- I - ---~ ~.;: xl _ ~ - --------- ;:. ., Ij ~ I •~ !•'' ~. I ~ I :: .. I I -- ~ r_ E. 66th St. .~:: ,•••::.:=: _... -- ' -I I ~ ej ~ , I ;• , ~_~ ~~L -~~ ~ ~ I ---t -- -- `- ~ + ~ I _ ~ ~ '. I I I i ( - --_ - I I i ~ € ----- i ~~-~I~ I l I I I i ,~-~ ~ a I I I I I I 1 1 D I j ~ I i I ~ 1` m I ~ ~ -. ' -' '. J ~ V I i t i I ' 0 , I E. 67th St. - --- { I I I _..---~- - - - - "~. ~ I I i ~ II • ~ Y I ~ i i I I I -~ ~, LL-______r i i I ~ ~~ I I I ~~ -. ~ I ~----I I •.\ •. i i 1 r I i I i --~ I ~ ~ ~ i~ i - ~ i i ~ ALTERNATIVE #1 I ' ' ~ i ~ " ~/ E. 67TH STREET REMAINS • ~ I II ~ CONNECTED TO 18TH AVE. i ' { I I '' ' `- I I ; E. 68tH St. ~ ;; / I-_-..- ~•-~. '~'~ ~; i I• I I I 4/01 /2004 i I ~ i .--°-. I I I f~~-'• e ~ i I i - I I c -1 i i I i I II ` ~ •~ , ~ -~ ~ i I I ' ; ~: ~~,..; ~i i I ~---- ~ ' I E. 64th 5t Ie,I , I I . . , ,~ _ ; I -~ -~ _ ' ; I j SCALE :. 1 :300 ,I , LEGEND: ~'~ I I I a I; I I ~ 0 200 400 I ~ I PROPERTY RECENTLY ACQUIRED ~~- 9I' PROPOSED ROADWAY I v ~ ~ I ; i II III I i ® PROPOSED CITY OF RICHFIELD ROAD ~~ I' 4I i II ~_' _ ~ I I ® ROAD VACATED =-I I ;~ I II ~ i i ~ i C__J BERM --~-. L - . -J ; I I E. 65th St. I°I -- - i I F ~ I I ~ I I I i I ~ I I I Yf Il11~ II ~ I I ~ I I H I N ~.I _.: i i lip I i I ,,. i I ~ -__rt ~ ~ CD Irk ~_~_ _ ~ I ~~~ I } ~ --- ~ L _ _-___-___ ... ' --'--l ~ C ~i ~ i ~ •.~. I I ',~~ / I I I I . •1 l1__.. .._~~ ~ ~ ~ .: -- -- ~> _'7 ~ ~-- --------~ I I I "'•' 'C E. 66th St. ~" %4,;a~:~::~''i~re:~';~.:':~;"~R`=: - ', -- -I I L • I ~ J ~: i i ~`I ~ ~~ 4 I ! 1 I ~L ~ I I -_ f _ -- ~~5 I I I ~1 I r t .~~~_.~ - I I I • I . ~" ~ ~ ~~ I - ~;. .. I I - I~ ~C `~I ~ o ; I II END OF 67th I ~ ~ { ;.(;'~ ~ ~ m STREET ~ t ~ • '~ v - I' • `v ~ h ' ' I y' ° I I ' i I_._ ~ I E. 67th St. _ `~I I r<Gl ~I - I I ~ '~- -- i i r i ~ I I 5 = ! is ~7 I I ;~ . . ALTERNATIVE #2 j j I ~1 -- ~ I i /,, ~~ ~~~ ~ ~ ~ ~~ E. 67TH STREET ENDS AT • <~ ~~ ', I1 ~ THE EAST PROPERTY LINE, I ! .. ~ 'b' I I ~~ i 1 I E. 68th St. 1I I ~-- ~~ ~ i ; I ~ ~ 4/01 /2004 i ~ =- III I ~~ ,~ ;~ ~~ ; ~~ ;~ ~i ~ ~ ~ ~ 'L -:-- ~ ' E. 64th St la; , ~~;~ ~ I . • II ,_J I; I SCALE 1:300 ;~C_``-, LEGEND: ~ I; I m~, , o zoo 400 a' I ~-- - -, ~ (PROPERTY RECENTLY ACQUIRED ;_ -~ ~°I' ;~ _ i_ ~, V I PROPOSED ROADWAY ^i v~{ - ~J ~I' I , ® PROPOSED CITY OF RICHFIELD ROAD __ I ~~, ~~ __ ~I i ® ROAD VACATED ` ~I I ;I -- I . J ~ ~ ~ C__J BERM -._- ~~~ L " 'J iP~ E. 65th St. __ ~ r-' i -- - ~~ i - ~~.,,~ ~~ ' ~, , ~ _r< I I ~~ j al IL ~ ~ I ~~ I . c~ ~~ ~ -- I> r__ I ~ .Y.; E. 66th St. -'- - - - •- - - - • "` _•,f.4~C~'_ .•-'.~„`•.'=:c~~r' ~c;~.'"' ~~F;'_•~;:~.:~7 , VACATED 67TH STREET ONE-HALF OF THE VACATED STREET IS RETURNED TO TO THE ADJOINING PROPERTY E. 67th St. - E. 68th St. ri ,° -~ d ~' P r, i , ~ ~L-- ~, I T ' L ' ~ ~~ . i [. I ' ~ ~ I , . ~ ~ ~ ~ -~ ~ .' m 7 I ° ~_ ~ L o 4 ~ '.. v -{-~ ;~ v o `_ - T ~ I - ~---r- , ~ ----tee - = r r ~~ I ~ ~ - `~ ~~ `< , ~ j ~ i~ < ~ i ~ ~ _ ,~/' ALTERNATIVE #3 ~~~~~ ~I I~ ~~ ~~ ~~ ~ ~ 17th~AVE~CURB~LINE~OFT 4/01/2004 AGENDA SECTION: Other Business AGENDA ITEM # jg REPORT # 75 STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S) No. 32 REPORT PREPARED BY: AND/oR RICI-IFIELD 2020 GoAL(s) No 39 KRISTIN ASxER, PROJECT ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNA (IRE ITEM FOR COUNCIL CONSIDERATION: Consideration of Mn/DOT's approved I-35W/T.H. 62 "Crosstown Commons".layout and consider proposed municipal consent timeline. Also, modify and approve proposed mailing area re ardin Public Hearin I. RECOMMENDED ACTION: By Motion: 1) Accept as received the I-35W/T.H. 62 "Crosstown Commons" layout for review and comment, 2) Approve a municipal consent process, 3) Set public hearing date, and 4) Approve an acceptable mailing area for notification of the Public Hearing. II. BACKGROUND The Crosstown Commons section of I-35W has been the subject of discussion since the late 1980s. Due to the hazardous nature of the roadway and weaving involved in maneuvering this section, the Crosstown Commons is known as one of the most unsafe areas in the entire metropolitan area. 0427Crosstown The most recent layout, received on April 16, 2004, is the third design that has advanced for municipal consent. The current layout has successfully eliminated all weaving and in doing so has moved the westbound TH 62 access from Portland Avenue to Lyndale Avenue. The plan shows three (3) lanes for SB I-35W, three (3) lanes for both EB & WB TH 62, and five (5) lanes for NB 1-35W into Minneapolis. There is also the extension of high occupancy vehicle (HOV) lanes along I-35W from I-494 to 46th Street to .promote transit use. The municipal consent process is used to allow municipalities an opportunity to have formal input into the design. According to state. taw the City has a right to review and approve the State's project layout. If a City does not approve of the Mn/DOT layout, the State has a specific process they must follow in order to appeal the decision. In most cases, the State will work with the municipality to come to an agreement. City staff is recommending that the Transportation Committee hold an open house on June 16, 2004, then the City Council conduct the public hearing the same night. The Transportation Committee will then make a recommendation to the City Council III. BASIS OF RECOMMENDATION A. POLICY • The City officially received the layout on April 16, 2004. The City Council must set a public hearing date within 15 days of the municipality receiving the layout (April 30, 2004). • The public hearing needs to be advertised within 30 - 45 days prior to the actual hearing. B. CRITICAL ISSUES • None. C. FINANCIAL • Accepting the layout and setting a public hearing date for comment will not have an impact on the City's finances. D. LEGAL - - • The proposed schedule complies with the state Municipal Consent law for review of freeway layouts. IV. ALTERNATIVE RECOMMENDATION(S~ • Advise staff if the Council suggests additional public input. • Modify the mailing area for residents to receive notice of the proposed public hearing. V. ATTACHMENTS • Proposed Municipal Consent Timeline. • Map of Richfield for. review of public hearing notification mailing area. • Star Tribune map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A Proposed Municipal Consent Process for 35W/Highway 62 Crosstown Date Activity April 16, 2004 City of Richfield staff receives layout from Mn/DOT April 27 Council receives plan and sets Public Hearing date. May 13 Publish Public Hearing date (minimum 30 days prior to hearing). June 15 Transportation Committee conducts on Open House. City Council conducts a Public Hearing. July 14 Transportation Committee makes recommendation. August 10 City Council makes decision. September 13 Deadline to submit comments to Mn/DOT .~ T~ ..L U ~ O ~ ~ O ~ C~ ~ ~ ~ ~ O U .~ :~ ~~ ~~ ~ ~ o ~ ~ ~ o U U 0 0 G~ H L O ~ ~ s e~ ~.~ ®.a~ ~ ~~03 ,/,, i ~ ~ ® ~ S. •• ~ i8. :~ ~ `i ~ ~~ <S ~~~ ~• ii ~. .. ;;; , ~w• , ~ •• ~ ~ ,' (fl '; ; , ; ~ d A W '~ ~t ` ~ .C ii ! ~' ~ ~ N t0 ` ~ /j / ,~! f ~ ~ 3 /'~~ ~, :i ~ ~ ~ 'I / `, i~' !~ // ~ ~ ~ J.~ '~ i, , /. ,/ It ' ~i ~ ,' %i ~: % i~ ~~~ ~t: ~I ~~ / ~ , ~i i / , :' 1l ~' ~!; ii ! ~~. i ii 'i ~ ~~~ ~i!' if ~`~~ C ' ' +J ~, ~ .`` ~ ~ (V ii ~~`~ `. ~~.. t0 ~ ~ ~ ~ . Q. `. \ V ~ ~\~ C Q ~ '~ O M ,. ~ L ~ H ~ C O `~' +~ (n O fn AGENDA SECTION: Other Business AGENDA ITEM # 14 REPORT # ]4 STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICHFIELD 2020 GOAL(S~ NO N/A REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ v~ ~,D~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for establishments in Richfield that underwent tobacco compliance checks that were conducted by Richfield Public Safet staff, and failed b sellin tobacco to undera a outh. I. RECOMMENDED ACTION: By Motion: Approve the civil enforcement for businesses that failed tobacco compliance checks and the attached resolutions suspending the license to sell tobacco for seven (7) consecutive days for each of the third and fourth time violating establishments; levying a fine against each establishment in the amount of $250 for the third and fourth violation; and proposing that the Public Safety Director select the seven consecutive days that the licenses will be suspended. II. BACKGROUND ~ On November 24 and 25, 2003, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishment's in Richfield that sell tobacco. They were assisted by four underage youth that were 16 and 17 years of age. These compliance checks were the second. checks conducted in 2003. On November 24, 2003, the police division made arrangements for the minors to enter some of the establishments with undercover police officers. In three instances, tobacco was sold to underage youth. The businesses that sold tobacco to underage youth on November 24, 2003 are: • Drug Emporium - 780 W. 66th Street • Penn Amoco - 6601 Penn Avenue South • Eddie'z Car Wash - 2813 West 66th Street This is a third offense for Penn Amoco and a fourth offense for Drug Emporium and they, therefore, must appear before the City Council. Due to the fact that this is a first offense for Eddie'z Car Wash, a suspension is not required nor do they need to appear before the City Council. They will, however, be charged a fine. At the time of Drug Emporium's third failure, staff became aware they had entered into bankruptcy; therefore, they have not yet paid their fine for their third offense. Staff does not know what impact this will have on their ability. to pay their fourth offense fine. On November 25, 2003, the police division made arrangements for the minors to enter the remaining establishments with undercover police officers. There was one sale of tobacco to an underage youth on November 25, 2003. The business that sold tobacco to an underage youth on November 25, 2003 is: • Portland Amoco - 6545 Portland Avenue South Due to the fact that this is a second offense for Portland Amoco, a suspension is not required nor do they need to appear before the City Council. They will, however, be charged a fine. At no time did any of the minors use the tobacco products. The youth presented their ID's, if requested, and at no time attempted to convince anyone that they were of legal age. Establishments were visited at various times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks and issued a citation if they failed. If the underage youth was unsuccessful in purchasing tobacco, the clerk was congratulated by officers. The employees that sold tobacco will be charged criminally. in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell tobacco within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur during 2004. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code, section 1146, specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. • Staff recommends that the City Council suspend the license to sell tobacco for seven (7) consecutive days for each of the third and fourth time violating establishments, levying a fine against each establishment in the amount of $250. Staff further recommends that the Public Safety Director select the seven (7) consecutive days that the licenses will be suspended. B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell tobacco to underage youth. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this City. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing a tobacco compliance check. • Furthermore, 15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. D. LEGAL N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Drug Emporium • Resolution for Penn Amoco VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from each of the establishments, Drug Emporium and Penn Amoco, are expected to be in attendance at the meeting and have been notified in writing of this requirement. RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR DRUG EMPORIUM, 780 WEST 66TH STREET SOUTH, AND IMPOSING A CIVIL PENALTY FOR A FOURTH TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Drug Emporium ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on November 24, 2003, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their fourth failed tobacco compliance check as a result of the fact that it is within 24 months of their third offense; and WHEREAS, the Licensee appeared before the Richfield City Council on April 27, 2004 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of seven (7) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $250 is hereby imposed. On or before May 27, 2003, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $250. 3. License to meet with the Director of Public Safety by May 27, 2003 to present a written action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 27th day of April 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR PENN AMOCO, 6601 PENN, AND IMPOSING A CIVIL PENALTY FOR THIRD TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Penn Amoco ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on November 24, 2003, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their third failed tobacco compliance check as a result of the fact that it is within 24 months of their second offense; and WHEREAS, the Licensee appeared before the Richfield City Council on April 27, 2004 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: - 1. The Licensee's tobacco license is hereby suspended for a period of seven (7) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $250 is hereby imposed. On or before May 27, 2004, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $250. 3. Licensee to meet with the Director of Public Safety by May 27, 2004 to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 27th day of April 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: pub11C Hearings AGENDA ITEM # 13 REPORT # ~ z STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S~ NO. 9 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: AND/OR RICHFIELD 2020 GOAL(S~ NO 3, 1 H, 19, JOHN STARK, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT NAME, TITLC SIGNATC/R8 ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding consideration of the attached resolution approving the preliminary plat for the Penn Place townhome project. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution approving the preliminary plat for the Penn Place townhome aroiect. III. BACKGROUND Mr. David Gepner has submitted a preliminary plat for the Penn Place townhome development on Penn Avenue. The City Council approved the Conditional Use Permit (CUP) for a Cluster Home Development for the Penn Place development on January 14, 2003. 042704Penn Plat The area to be replatted covers 24,403 sq. ft. and is bounded by Penn Avenue on the west and 69th Street on the south. The area is currently platted as "Lots 11, Block 9, Tingdale Bros. Lincoln Hills Second Addition" and "Lots 10 and 11, block 9 Wood Lake Highlands." The replat would create eight units of land. Units one through seven will each accommodate an individual townhome and its garages and unit eight will be shared common space, which will be owned by the homeowners association. The final development will also require filing of a Common Interest Community Plat (CIC plat). The CIC plat is filed after the units have been constructed, but prior to the issuance of occupancy permits. Easements and covenants governing the use and maintenance of common areas for both the residential condominiums and the commercial center will be filed at the time the CIC plat is filed. III. BASIS OF RECOMMENDATION A. POLICY • The City Council approved the Penn Place Townhome CUP for a Cluster Home Development on January 13, 2003. A stipulation of that approval is that the property receive approval for a subdivision waiver or a replat. • Section 500.23 of the City Code outlines procedures necessary for review and approval of preliminary plats. • It is important for plats to be filed when new developments are constructed to establish appropriate legal descriptions, dedicate the appropriate right-of-way and utility easements, create parcels that apply to the new buildings and associated parking, and to assist the County Assessor in assigning property value. B. CRITICAL ISSUES • The proposed replat has been reviewed by the City's Administrative Review Committee (ARC). The ARC includes the City's Building Official and representatives of the City's Fire, Public Safety, Public Works and Community Development Departments. All of the participants in the ARC meeting have approved of the proposed division of land and proposed development. • The Developer will provide covenants and restrictions necessary to effectuate the Final Development Plan for the project area as determined by Community Development staff. • A stipulation of approval will be that the Developer must provide an as- built survey showing the location of easements and utilities. • A final plat will need to be submitted and approved prior to the issuance of a Certificate of Occupancy. • Because the project area abuts Hennepin County right-of-way, the proposed preliminary plan was reviewed by Dave Zetterstrom of Hennepin County Public Works; Mr. Zetterstrom made no comments - on the proposed replat. C. FINANCIAL • N/A D. LEGAL • Legal Counsel has reviewed the proposed replat. • Notice of the public hearing was published in the Sun Current on April 15, 2004. • Approval of the final plat will be dependent upon the Developer submitting title evidence, and the proposed declaration of covenants to the City Attorney for review and approval. • TIME FOR APPROVAL: Under Minn. Stat. § 462.358, Subdivision. 3b, the City has 120 days to approve or deny a request for preliminary approval of a subdivision, unless the applicant agrees to an extension. The completed application was received on March 11, 2004. The City must either provide. the applicant with a decision by July 9, 2004 OR obtain the applicant's agreement to an extension. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the preliminary plat with revisions. • Do not approve the preliminary plat. V. ATTACHMENTS • Resolution granting approval of a preliminary plat of Penn Place. • Preliminary plat of Penn Place. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. David Gepner, applicant. RESOLUTION NO. RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION PENN PLACE WHEREAS, Mr. David Gepner has requested preliminary approval to combine and subdivide several tracts of land generally bounded by Penn Avenue on the west and 69th Street on the south; and WHEREAS, the proposed subdivision is to be known as Penn Place; and WHEREAS, a public hearing on the proposed .preliminary plat of Penn Place was held on April 13, 2003 at which all interested parties were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The proposed plat of Penn Place satisfies the requirements of the City's subdivision ordinances. 2. Preliminary approval is granted for the plat of Penn Place, subject to the following conditions: • That the Developer will provide covenants and restrictions necessary to effectuate the Final Development Plan for the project area, as determined by Community Development staff. • That in a separate document the Developer will grant easements necessary to provide public utilities and drainage for the site, as determined by the Public Works staff, and that the Developer will provide an as-built survey showing the location of easements and utilities. • That easements and covenants be established governing the use and maintenance of common areas and that the easements and covenants be subject to review and approval by the City Attorney; • That a Grit Chamber or Drywell Maintenance Agreement be reviewed and approved by the Public Works staff. • That other property owners, or lien holders, join in or consent to plat. • That after the development is substantially constructed, the Developer will file a Declaration of Common Interest Community plat. 2004. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 042704Penn Plat ~~ 3 G ~~eg ~ 2¢ ~ axe s jja }a~ ~ ~ f ~"s ~ 5 g 3 C c C C[ e C a a a a s x a - 8 - 3 6 S s g e e yr8 e 3g~° i~ ~% ~ 2e'a pp _ ~~ ~1Y~3~ ~ x 3 F ~ { n~ ~~ #fi ~°. ~ ~ r e z ~~° ~3~9~ % " ~ c ~ ~ Y B ~ ~ { SS~q.q~. F$9S~`4~ 3a 8 3 ~ a ~ a a, a Ai ~~ ~6:a~d€ § o ~~~ z °~ ~~€° ~aa ~ a Sa 3;a ~ 4 b a~ s; ~'~> 3 ~ ~ ~ ~ 3 x % ~ a e a $ ~ ~E~s a35 i e ~ 3 f ~ ~ 9 ?~ ~ • ' ~ gg ~gg ~ §n ~ 4 3@ 33 4 3~ ~$ ~§ a F ~a - e 3 $$ ~ ~ ~~ ~ c " x ~ gg S95 Egga s_5 3 w $ 8 e B e "~O~ bo 5y "dB 5s 8$ 8o gN ~ ~ ~ yg.~ +~ d §§ -$ ?g~a 39Te¢ 33a$ In ~ 5s6 s ¢¢S ~ <5~~ m3s.8$ a ga ga g ga ga gag jyy ES Pg :g gS gg ~g :S >~ °.d gg ~.. ~%~~~ ~~3 g ~ ; $~~'~s a a~a~ a:~ a ~unos anrv3nv a3nno ~ai..t ~~'`~ r ' , F W O / 1 z (~./J ~ O ~ ] Q ~ U a ~ z a Q z z x w ~ ~ r U w n o h~ U ~ ' I 1 I i N I I a ~ ' I I I I 1 I ~9 i I 1 I I I I I 9kM I 9F~ 3 I I i tt,, i A I . ~a$~ -fL I i I .\-a ad U Z ~~ Q ~'~ g a ~ ~~~e ~~~~ ~ o '_ d~ w Y ~ ~ _ ~ ~~~~„~ g s € _ ~ ~b a ~~ a gg &e 3 3~ U ~ H ~ ~ ~ " ~ ~~i; s ~~~~ ~ es e o ~1 @~ ~ 33 ~C6E3P~S~'p~63~~~ T'~~~nazc°On S~ qIIII VIII W N~ W W H Qi ~_ L=-I E-+ G-I' ~ W~ U rs I I I I I I I I I I . I I I I I '> ~ o ~ J a " 6 o Z a O O O N '. ... ..... II'YS..... " L ~ ..... Gfi'99..... .. ~•'.. I n a a _ ~ I ~ - O a I 3 00'YZ 3 ,([.Bt•69 N u n~ o ~ fi, ~~ o I )"' 3 LS SY 80 N d ~ vI ~'~' i ~0 = F-- , , . ,o .LS,Sy.BB N 3 F . yyw, ;:: --- •-- ::: -•• :. r $ pp'y p0'Z[ M .LS,Lt.6B 5 00.'y c L~ ~y_ w x pp'OL M .LS,SY.BB S .ii f:: 3 z'~~ ..............~.tL............... :~'•n B['t9 M .LS.Sy.eB s .CC 1, .......C['L1....... K'1 -_, .y -• LS: yw p0'1L 3 ,GS.SY.80 N 6n d ° ______________________ ___ __ - fC'LI 3 ,LS,SY.6B N: w ':.. ~ ~~' a '- .6 a Vie ' ' t" ~ 3 ~1L Sy~eB N ~" 3 15.Lt.69 N S FC) ~ n Z __. ^ 2 a ~' z ,. ..- -a' ~ 0 r r 6 :13010 'IS 10'1 Hp 3HI'I 1{11145 _ e z = o - ~ c ppy-00'iC M .LS.SY.BB s_ pOY~ ~ ~ - ~ ~ z pp' pi M .LS,St.BB 6 '^ ff'I -[C z~~ p0'vL~~~~••••••~~.,,, :'-n fi N:)Olii '!1 10'I !(1 7h11'i IlSflphl' -..- I ., ,.~ if'[l~~•~•~~.., „i pp'tL 3 .LS,SV.eB N ~n $ 9f'19 M .LS.SY.BB B ~~. fC';I 3 .LS.51.BB N; ' _ ~ ~ 3 .LS,SY.6B N m e . w FR '~ $ 3-LS.5y.69 N z ~ ^ f-'^ _ ~S ~ a a § ` z ~ a - : ~ 3 S ao~y aoac M .LS.st.ao s ary § r . z ao'oL M .Cf.GY.eB s '^ ' __ ;~ : . x~' : ..............00'1L.............. •w . ~ 9t't9 M .LS.St.6B 5 1. :K.t........C['GI....... i[ _ ___ M O Q rYi.. 3 . . . Op'yL 3.LS,St,6B N Lw 1 2 an ______________________ ________ _ ., [['L13,LS,S1.69 N.~' ::~ F_- , ~ n ~ (,„ V . Lan ~ ~ Zg ~ g 8 ~ o-• on ~ilw ~ w °o ~ ~ n w ~ g .. y t~ d 3 .[S,Sy.eB N ~" 3 ,LS.SY.eB N n ~ ~ R n ~ n 3 n'.) ~ w _ ^ $ n a0 5 W z 3 w ' a ~ 's Z ~ n ~ ~ Z 4 lil / ~ V ~ , r s $ p0't p0'L[ M ,LS.SY.68 S Op~y o .............pp'yL.............. : ''n _'~~ J _, ._ : v 9C'19 M 5t.6B 5 L5 . $ $ [[ 1 ~,pL, ~,[[ LISt.BB B i[ { r C G , . : . 3 ' . ~ . _t~LT,___________________ ________ _ ~ f['Ll 3 SV OB N:' LS 0 O m Q C L f"" YL 3 .GB.SY.sB N Op ~ In 6^ . . . ,,fi ;: a In r ~ e U 1 J 8 ~~' W v z 3 ,LL SY.60 N 8 ^ 3 ,CS.SY.BB N 0 ;130'ifl 'h! Sq'1 ,3(1 iiYll'I 11!NL+S 3- .') n t'j'~. w ~ . z ^ WM ~ -__ ___-- w o ~ ~ ~ W _ $ pp•Y 0p2C M SYA9 5 o0 LS 't $ G 1:111'18 ~O! lOl ~: :Ip :lFlil 1{lilf)N z pp'OL M BB B 8 [S LI V . . , ,x . ...............pp~K.............., ':".n - B['I9 M .LS.Sy.BB 9 . . . ;C[,L........ K-GI....... ~C'l. 7 L / 1 3 pp'YL 3 ,<C,Sf.BB N w ---_-- ----_-_ -- - '~, fC'LI 3 .Lf.Ly.6B N.~ w ~ z Z 7 `J ge ao :: ~::. , e 3 .LS.Lt.6B N ~ 3 .LS.St.BB N d ~~ 4. ~'•' 3 n ~ w ~'~_ c ~~ U z a ~ nt ? Z _ $ ~ W'LL M .CS,SY.BB 6 pp~t g p0'Y z'' ..............pp'yL.............., ~: ~'~n .. 8['19 M .LS.Sy.6B s ______________________ _______ n z Op'OZ M 14.Sy.69 9 ;C[I,.......C['LI....... ~ci, ... _ } p0'1Z 3 ,LS,St.eB N w ' '• f['~~[I 3 .LS,SY.BB : ~ s a; :: W ; : ° 8 " ODt ~ 3 LS SY.60 N g z ~ n „a rv, . 8 ~ g B a C S 5 ~ ['19 M LS Sy BB 9 Z g z n _ _ ' i'i •/ z p0'L[ M ,LS,Sy.6B 6 n • , , . p0'OL M .[S.SY.60 9 5 \~ I,'I) 3 s ^ ~. +',, o f ~~ , i § ~ ^ a l m i~ r N I 9p5L \ ..... .....pp~yf..... ....~) .... .....9C'IB..... .. . z$I^... ....10'CL ..... ..., (SONYIIpIN 3NV1 (M%IM) pSY[I L£'££t M ,64,44.69 N ^ U 3 dd - _ ____. ____ _ _ __ __ _ __ (n u z - Nfi ~ 1- w F 3L~ $ Q Z 8~ ~ me s R O W n ~ ~ ~ s ~~ _ ~~ $ ~' o . W °z a - - - - ~ AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 PUBLIC HEARING 12 Related to: CITY COUNCIL GOAL(S~ NO. N/A AND/OR RICI~'IELD 2020 GOAL(S) NO N/A REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER Nam, Tirr,E COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding a resolution approving amendments to Academy of Holy Angels Educational Facilities Revenue Note Series 2002 and Series 2003. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution amending Academy of Holy Angels Educational Facilities Revenue Notes Series 2002 and Series 2003. II. BACKGROUND • At the December 10, 2002 City Council meeting, on behalf of the Academy of Holy Angels, the Council approved the issuance of an Educational Facilities Revenue Note, Series 2002, in the amount of $8,540,000. • At the November 25, 2003 City Council meeting, on behalf of the Academy of Holy Angels, the Council approved the issuance of an Educational Facilities Revenue Note, Series 2003, in the amount of $1,460,000. 04272004Ho1y Angels Revenue Notes • Total City of Richfield bank qualified debt used by the Academy of Holy Angels is $10 million. • Wells Fargo Bank, National Association is the lender of the two series of educational revenue notes. • The Academy of Holy Angels and Wells Fargo Bank, National Association have requested the City to amend the Notes by adjusting the principal amounts of the Notes payable on the payment dates. III. BASIS OF RECOMMENDATION A. POLICY • Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165, the City of Richfield has authority to issue revenue bonds. B. CRITICAL ISSUES • N/A C. FINANCIAL • The Notes as amended will not constitute general or moral obligations of the City and shall not be secured by the full faith and credit or taxing powers of the City. • The amendments to the two Educational Facilities Revenue Notes, Series 2003 and Series 2003 do not affect the City of Richfield. • The Academy of Holy Angels will continue to be charged an annual administrative fee in the amount of 1/8 of 1 % (.125%) of the outstanding principal balance of the bonds. • The maturity date of the Note does not change. The change involves delaying the principal payments towards the end of the Note term. D. LEGAL • Kennedy & Graven will serve as bond counsel for the issue. • The notice for the public hearing was published in the Richfield Sun Current on April 8, 2004. IV. ALTERNATIVE RECOMMENDATION(S) • Forgo approving the attached resolution to amend the Educational Facility Revenue Notes Series 2002 and Series 2003. I V . ATTACHMENTS I • Resolution approving amendments to Educational Facility Revenue Notes Series 2002 and 2003. • Amended Educational Facilities Revenue Note, Series 2002 • Amended Educational Facilities Revenue Note, Series 2003 PRINCIPAL PARTIES EXPECTED AT MEETING • John Utley, Kennedy & Graven • Representative from the Academy of Holy Angels RESOLUTION NO. RESOLUTION APPROVING AMENDMENTS TO ITS EDUCATIONAL FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT), SERIES 2002, AND ITS EDUCATIONAL FACILITIES REVENUE NOTE (ACADEMY OF HOLY ANGELS PROJECT), SERIES 2003, APPROVING THE FORM OF THE AMENDED NOTES AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE AMENDED NOTES AND RELATED DOCUMENTS WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), each municipality and redevelopment agency of the State of Minnesota (as defined in the Act), including the City of Richfield, Minnesota (the "City"), is authorized to issue revenue obligations to finance improvements to land and buildings and capital equipment for the benefit of a revenue producing enterprise to be owned by a contracting party (as defined in the Act); and WHEREAS, pursuant to Section 469.155, subdivision 3, of the Act, the City is authorized to issue revenue bonds or other revenue obligations to: (i) finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of any properties, real or personal, used or useful in connection with a revenue producing enterprise; and (ii) pay, purchase, or discharge all or any part of the outstanding indebtedness incurred in the acquisition or betterment of the existing facilities of an organization primarily engaged in educational activities as an elementary, secondary, orpost-secondary school; and WHEREAS, for the benefit of Academy of Holy Angels, a Minnesota nonprofit organization (the "Borrower"), the City issued its: (i) Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2002 (the "Series 2002 Note"), in the original aggregate principal amount of $8,540,000 on December 30, 2002; and (ii) Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2003 (the "Series 2003 Note"), in the original aggregate principal amount of $1,460,000 on December 12, 2003; WHEREAS, the Series 2002 Note and the Series 2003 Note (collectively, the "Notes") were purchased by Wells Fargo Bank, National Association, a national banking association (the "Lender"), and the proceeds derived from the sale of the Notes were loaned to the Borrower and applied to finance and refinance a project comprised of: (i) the renovation of, and the construction of additions to, the Academy of Holy Angels High School (the "Facility") owned by the Borrower and located at 6600 Nicollet Avenue South in the City; (ii) the acquisition and installation of equipment in the Facility; and (iii) the refunding of outstanding indebtedness of the Borrower previously incurred to finance the acquisition and betterment of the Facility (collectively, the "Project"); and WHEREAS, the Borrower and the Lender have requested that the City amend the Notes by adjusting the principal amounts of the Notes payable on the payment dates under the Notes; and WHEREAS, the Notes, as amended, will continue to constitute revenue obligations of the City secured solely by the revenues expressly pledged to the payment thereof and other security provided by the Borrower and the Notes shall not constitute general or moral obligations of the City and shall not be secured by the full faith and credit or taxing powers of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA, THAT: 1. The City Council of the City hereby approves the amendments to the Series 2002 Note as such amendments are set forth in the form of the Series 2002 Note, No. R-2 (the "Amended Series 2002 Note") now on file with the City. The Mayor and City Manager of the City (the "Mayor" and "City Manager," respectively) are hereby authorized to execute the Amended Series 2002 Note and deliver the Amended Series 2002 Note to the Lender in exchange for the Series 2002 Note, No. R-1 (the "Original Series 2002 Note") previously purchased by the Lender. The Original Series 2002 Note shall be canceled by the City. 2. The City Council of the City hereby approves the amendments to the Series 2003 Note as such amendments are set forth in the form of the Series 2003 Note, No. R-2 (the "Amended Series 2003 Note") now on file with the City. The Mayor and City Manager of the City (the "Mayor" and "City Manager," respectively) are hereby authorized to execute the Amended Series 2003 Note and deliver the Amended Series 2003 Note to the Lender in exchange for the Series 2003 Note, No. R-1 (the "Original Series 2003 Note") previously purchased by the Lender. The Original Series 2003 Note shall be canceled by the City. 3. All of the provisions of the Amended Series 2002 Note and the Amended Series 2003 Note, when executed and delivered as authorized in this resolution, shall be deemed to be a part of this resolution as fully and. to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Amended Series 2002 Note and the Amended Series 2003 Note shall be substantially in the forms on file with the City, which are hereby approved, with such necessary and appropriate variations, omissions and insertions as the Mayor and City Manager of the City,. in their discretion, shall determine. The execution, of the Amended Series 2002 Note and the Amended Series 2003 Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Amended Series 2002 Note and the Amended Series 2003 Note by the City shall be conclusive evidence of such determination. 4. The Amended Series 2002 Note and the Amended Series 2003 Note shall not be general or moral obligations of the City, but shall be a special, limited obligations of the City payable by the City solely from the revenues derived by the City from the Borrower pursuant to the terms of the loan agreements executed by the City and the Borrower in connection with the issuance- of the Original Series 2002 Note and the Original Series 2003 Note (the "Loan Agreements"), assigned to the Lender pursuant to certain pledge agreements, and from other security provided by the Borrower. 5. The Mayor and the City Manager are hereby authorized to execute and deliver, on behalf of the City, such other instruments, certificates, and documents as are necessary or appropriate in connection with the execution and delivery of the Amended Series 2002 Note and the Amended Series 2003 Note, including: (i) a City Tax Certificate; (ii) an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038; and (iii) all other instruments, certificates, and documents which are requested by the Borrower or the Lender to be executed and delivered by the City in connection with the execution and delivery of the Amended Series 2002 Note and the Amended Series 2003 Note and which Kennedy & Graven, Chartered, as bond counsel, deems necessary or appropriate.. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Amended Series 2002 Note and the Amended Series 2003 Note. 6. All covenants, stipulations, obligations, and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council of the City by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement contained in this .resolution or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council nor any officer or employee of the City executing the Amended Series 2002 Note or the Amended Series 2003 Note shall be liable personally on the Amended Series 2002 Note or the Amended Series 2003 Note or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant, or agreement contained in the aforementioned documents, the Amended Series 2002 Note and the Amended Series 2003 Note or in any other document relating to the Amended Series 2002 Note and the Amended Series 2003 Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreements. 7. Except as otherwise expressly provided in this resolution, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm, other than the City, the Borrower, and the Lender, or any other holder of the Amended Series 2002 Note and the Amended Series 2003 Note issued under the provisions of this resolution, any right, remedy or claim., legal or equitable, under and by reason of this resolution or any provisions hereof; this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the Borrower, the Lender, and any other holder from time to time of the Amended Series 2002 Note and the Amended Series 2003 Note executed and delivered under the provisions of this resolution. 8. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Amended Series 2002 Note or the Amended Series 2003 Note issued under this resolution shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Amended Series 2002 Note or the Amended Series 2003 Note, but this resolution, the aforementioned documents, and the Amended Series 2002 Note and the Amended Series 2003 Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 9. The officers of the City, Kennedy & Graven, Chartered as bond counsel of the City and other attorneys, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Amended Series 2002 Note and the Amended Series 2003 Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Amended Series 2002 Note and the Amended Series 2003 Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided in this resolution, any person delegated the authority to execute documents in the absence or incapacity of the Mayor is hereby authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the authority to execute documents in the absence or incapacity of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager. 10. The Borrower will continue to pay the administrative fees of the City as set forth in the Loan Agreements and will pay, or upon demand, reimburse the City for payment of, any and all costs and expenses paid or incurred by the City in connection with the Project and the Amended Series 2002 Note and the Amended Series 2003 Note. 11. This resolution shall be in full force and effect from and after its passage. Adopted by the City of Richfield, Minnesota, this 27th day of April, 2004. CITY OF RICHFIELD, MINNESOTA Martin J. Kirsch, Mayor Attest: Nancy Gibbs, City Clerk UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN City of Richfield, Minnesota Educational Facilities Revenue Note (Academy of Holy Angels Project) Series 2002 R-2 $8,433,249.98 The City of Richfield, Minnesota (the "City") hereby promises to pay to Wells Fargo Bank, National Association, a national banking association, or its successors or registered assigns (the "Lender"), solely from the source and in the manner hereinafter provided, the principal sum of $8,433,249.98, or so much thereof as may have been advanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance"), with interest thereon as set forth in Paragraph 2 below from April 1, 2004 (the "Dated Date"), until January 1, 2024 (the "Maturity Date"), or until earlier paid or otherwise discharged, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. This Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2002 (the "Note") is issued by the City pursuant to authority conferred by Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the "Act") and Resolution No. 9262, adopted by the City Council of the City on December 10, 2002, as amended by Resolution No. ,adopted by the City Council of the City on April 27, 2004 (the "Resolutions"), to provide funds for a project, as defined in Section 469.152, subdivision 2(b) of the Act, consisting of the renovation and equipping of, and the construction of additions to, and the refinancing of certain existing indebtedness with respect to the non- religious portions of a school for grades nine through twelve known as Academy of Holy Angels High School, leased and operated by the Academy of Holy Angels, a Minnesota nonprofit corporation (the "Borrower"), and located at 6600 Nicollet Avenue South in the City. The proceeds. derived from the sale of the Note were loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated December 1, 2002 (the "Loan Agreement"), between the City and the Borrower, and pursuant to the terms of a Construction and Term Loan Agreement, dated December 30, 2002 (the "Bank Loan Agreement"), between the Borrower and the .Lender. The interests of the City in the Loan Agreement have been assigned to the Lender (except for certain rights to the payment of fees and expenses and rights to indemnification) pursuant to the terms of a Pledge Agreement, dated as of December 1, 2002 (the "Pledge Agreement"), between the City and the Lender. 2. This Note shall bear interest at a variable rate equal to sixty-seven percent (67%) of the sum of the daily LIBOR plus 2.00 percent (the "Daily Rate") from the Dated Date to the Maturity Date. Interest shall accrue and be calculated on the basis of actual days elapsed in a year of 360 days. "LIBOR" has the meaning given to the term "USD LIBOR-BBA" in the 1992 ISDA U.S. Municipal Counterparty Definitions, as published by the International Swap and Derivatives Associations, Inc. The interest rate on this Note shall be adjusted on each date that LIBOR is adjusted. The Borrower may, upon written notice to the City and the Lender, elect to have interest accrue on this Note at a variable rate equal to sixty-seven percent (67%) of the sum of the thirty-day LIBOR plus 2.00 percent (the "Monthly Rate"). The Borrower may convert the variable interest rate on this Note to the Daily Rate or the Monthly Rate as set forth herein on any date or dates elected by the Borrower. Interest shall accrue at such rates from the date of receipt of such notice by the Lender. 1 3. Interest shall be payable on this Note on May l,, 2004, and on the first day of each month thereafter until the earlier of the Maturity Date or the payment in full of all principal of this Note. Subject to the terms of paragraph 8 hereof, and subject to prepayment adjustments that may be made pursuant to Section 5.1 of the Loan Agreement, the principal of this Note shall be payable on 1, 2004, and on the first day of each month thereafter in the monthly installments set forth in EXHIBIT A attached to this Note. The Principal Balance plus accrued and unpaid interest, if any, shall be due and payable in full on the Maturity Date. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. 4. If the Borrower fails to provide financial statements or other financial information or documentation as required by the Loan Agreement and such failure continues after ten (10) days written notice thereof from the Lender to the Borrower, then the Lender shall have the option, upon prior written notice to the Borrower, of increasing the rate of interest due on this Note for the balance of the term by one-half percent (0.5%) per annum (which increase shall be in addition to any other increase as specified herein) and declaring such failure to provide financial statements or other financial information or documentation an Event of Default (as defined in the Loan Agreement). 5. As required by the Loan Agreement, until such time as this Note is fully paid and so long as Wells Fargo Bank, National Association is the Lender, the Borrower is required by the Loan Agreement to maintain the primary depository accounts of the Borrower with Wells Fargo Bank, National Association or an affiliate thereof. If the Borrower fails to so maintain such primary depository accounts -with the Lender or an affiliate of the Lender as required by the Loan Agreement, then the Lender shall have the option, upon prior written notice to the Borrower, of increasing the rate of interest on this Note by an additional one-half percent (0.5%) per annum for the balance of the term of this Note (which increase shall be in addition to any other increase as .specified herein) and/or declaring such failure to constitute an Event of Default. 6. Upon a Determination of Taxability (as defined in the Loan Agreement), the interest rate on this Note shall be increased by an additional two percent (2.00%) per annum from and after the Date of Taxability (as defined in the Loan Agreement). Any accrued and unpaid interest as a result of such Determination of Taxability shall be paid to the Lender within thirty (30) days of the Determination of Taxability. 7. Principal and interest and premium or service charge, if any, due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. If any installment of principal or interest on this Note is not paid within ten (10) days of the due date thereof, an additional late charge shall be immediately due and payable in an amount equal to five percent (5%) of the amount of the installment of principal, interest, premium, and service charge then due and remaining unpaid. 8. This Note is subject to mandatory purchase by the Borrower from the Lender on December 1, 2012 (the "Purchase Date"). On the Purchase Date, the Borrower shall purchase this Note for a purchase price equal to the then outstanding Principal Balance, plus all accrued and unpaid interest, without premium. 9. This Note shall be prepaid, in whole or in part, from the proceeds of any loan prepayment made by the Borrower pursuant to Section 5.1 of the Loan Agreement. Under the terms of the Loan Agreement, the Borrower may prepay the Loan (as defined in the Loan Agreement), at any time in whole or in part, without penalty (except that no prepayment may be made during any period in which the Monthly Rate is in effect). Notice of any such prepayment of this Note shall be given to the Lender by first-class mail, addressed to the Lender at its registered address, not less than thirty (30) days prior to the 2 date fixed for prepayment. In the event of a prepayment of this Note, the Lender shall apply any such prepayment first against accrued interest on the Principal Balance and second against the Principal Balance of this Note. At the date fined for prepayment, funds shall be paid to the Lender at its registered address. 10. This Note is secured by a Pledge Agreement, dated as of December 1, 2002 (the "Pledge Agreement"), between the City and the Lender, and is further secured by a Mortgage and Assignment of Leases and Rents and Security Agreement and Fixture Financing Statement, dated December 30, 2002 (the "Mortgage"), executed by the Borrower, as mortgagor, in favor of the Lender, as mortgagee. The disbursement of the proceeds of this Note is subject to the terms and conditions of the Loan Agreement and a Disbursing Agreement, dated as of December 30, 2002 (the "Disbursing Agreement"), between the Lender, the Borrower and Commonwealth Land Title Insurance Company. 11. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor. To the extent permitted by the Act and other applicable law, whether or not as a result thereof the interest on this Note becomes includable in gross income for federal income tax purposes or becomes includable in net taxable income for State of Minnesota income tax purposes, the Lender may, without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability: (i) extend the date for the payment of any principal, premium, service. charge, or interest with respect to this Note; or (ii) release any property or any portion of any property subject to the Mortgage, the Pledge Agreement, or any other security document. In no event, however, may the Maturity Date of this Note be extended beyond December 1, 2032. 12. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the Bank Loan Agreement, or the Mortgage, the Lender may declare the Principal Balance and accrued interest on the Note to be immediately due and payable. In addition, during any period that an Event of Default exists, the Principal Balance shall accrue interest at a rate equal to two percent (2%) per annum above the rate at which interest would otherwise accrue on this Note. 13. As provided in the Resolutions and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the City, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Manager, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Manager will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment, or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon the Lender's order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 14. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Resolutions, the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 15. This Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds 3 other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 16. If an Event of Default (as that term is defined in the Bank Loan Agreement, the Mortgage, or the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 17. The remedies of the Lender, as provided herein and in the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 18. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 19. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly this Note may not be assigned or transferred, in whole or part, nor may a participation interest in this Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. The City acknowledges that the Lender may enter into a participation agreement with one or more sophisticated investors. 20. The City has designated this Note as a "qualified tax exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 21. This Note amends and restates that certain Educational Facilities Revenue Note Academv of Holv Angels Proiectl. Series 2002, designated R-1 and bearing a Date of Reeistration of December 30, 2002 (the "Original Note"l, and the Citv is executing and delivering this Note to the Lender in substitution for and not in navment of the Orieinal Note. It is hereby certified and recited that all conditions, acts, and things required to exist, to happen, and to be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. (The remainder of this Wage is intentionally left blank.l 4 In witness whereof, the City has caused this Note to be duly executed in its name by the manual or facsimile signatures of the Mayor and City Manager, the corporate seal having been intentionally omitted as permitted by law. CITY OF RICHFIELD, MINNESOTA By Its Mayor By Its City Manager S-I NOTE REGISTER T"he ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Richfield, Minnesota in the name of the holder last noted below. Date of Name and Address Signature of Registration Registered Owner City Manager April _, 2004 Wells Fargo Bank, National Association MAC N9117-031 430 North Wabasha Street Suite 302 Saint Paul, Minnesota 55101 NR-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN City of Richfield, Minnesota Educational Facilities Revenue Note (Academy of Holy Angels Project) Series 2003 R-2 $1,441,750.00 The City of Richfield, Minnesota, a municipal corporation and political subdivision of the State of Minnesota (the "City"), hereby promises to pay to Wells Fargo Bank, National Association, a national banking association, or its successors or registered assigns (the "Lender"), solely from the source and in the manner hereinafter provided, the principal sum of $1,441,750.00, or so much thereof as may have been advanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance"), with interest thereon as set forth in Paragraph 2 below from April 1, 2004 (the "Dated Date"), until January 1, 2024 (the "Maturity Date"), or until earlier paid or otherwise discharged, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. This Educational Facilities Revenue Note (Academy of Holy Angels Project), Series 2003 (the "Note") is issued by the City pursuant to authority conferred by Minnesota Statutes, Sections 469.152 to 469.1651, as amended (the "Act") and Resolution No. 9402, adopted by the City Council of the City on November 25, 2003, as amended by Resolution No. ,adopted by the City Council of the City on Apri127, 2004 (the "Resolutions"), to provide funds for (i) a project, as defined in Section 469.152, subdivision 2(b) of the Act, consisting of the renovation and equipping of, and the construction of additions to the non-religious portions of a school for grades nine through twelve known as Academy of Holy Angels High School, located at 6600 Nicollet Avenue South in the City (the "Facility"), owned and operated by the Academy of Holy Angels, a Minnesota nonprofit corporation (the "Borrower"), and (ii) pursuant to Section 469.155, subdivision 4 of the Act, the refinancing of certain existing indebtedness with respect to the Facility. Proceeds derived from the sale of the Note were loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated December 1, 2003 (the "Loan Agreement"), between the City and the Borrower, and pursuant to the terms of an Amended and Restated Construction and Term Loan Agreement, dated March 26, 2003, as amended by an Amendment to Amendment to Amended and Restated Construction and Term Loan Agreement, dated December 12, 2003 (as so amended, the "Bank Loan Agreement"), between the Borrower and the Lender. The interests of the City in the Loan Agreement have been assigned to the Lender (except for certain rights to the payment of fees and expenses and rights to indemnification) pursuant to the terms of a Pledge Agreement, dated as of December 1, 2003 (the "Pledge Agreement"), between the City and the Lender. Z. This Note shall bear interest at a variable rate equal to sixty-seven percent (67%) of the sum of the daily LIBOR plus 2.00 percent (the "Daily Rate") from the Dated Date to the Maturity Date. Interest shall accrue and be calculated on the basis of actual days elapsed in a year of 360 days. "LIBOR" has the meaning given to the term "USD LIBOR-BBA" in the 1992 ISDA U.S. Municipal Counterparty Definitions, as published by the International Swap and Derivatives Associations, Inc. The interest rate on this Note shall be adjusted on each date that LIBOR is adjusted. The Borrower may, upon written notice to the City and the Lender, elect to have interest accrue on this Note at a variable rate equal to sixty-seven percent (67%) of the sum of the thirty-day LIBOR plus 2.00 percent (the "Monthly Rate"). The Borrower may convert the variable interest rate on this Note to the Daily Rate or the Monthly Rate as set forth herein on any date or dates elected by the Borrower. Interest shall accrue at such rates from the date of receipt of such notice by the Lender. 3. Interest shall be payable on this Note on May 1, 2004, and on the first day of each month thereafter until the earlier of the Maturity Date or the payment in full of all principal of this Note. Subject to the terms of paragraph 8 hereof, and subject to prepayment adjustments that may be made pursuant to Section 5.1 of the Loan Agreement, the principal of this Note shall be payable on , 2004, and on the first day of each month thereafter in the monthly installments set forth in EXHIBIT A attached to this Note. The Principal Balance plus accrued interest, if any, shall be due and payable in full on the Maturity Date. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. 4. If the Borrower fails to provide financial statements or other financial information or documentation as required by the Loan Agreement and such failure continues after ten (10) days written notice thereof from the Lender to the Borrower, then the Lender shall have the option, upon prior written notice to the Borrower, of increasing the rate of interest due on this Note for the balance of the term by one-half percent (0.5%) per annum (which increase shall be in addition to any other increase as specified herein} and declaring such failure to provide financial statements or other financial information or documentation an Event of Default (as defined in the Loan Agreement}. 5. As required by the Loan Agreement, until such time as this Note is fully paid and so long as Wells Fargo Bank, National Association is the Lender, the Borrower is required by the Loan Agreement to maintain the primary depository accounts of the Borrower with the Lender or an affiliate thereof. If the Borrower fails to so maintain such primary depository accounts with the Lender or an affiliate of the Lender as required by the Loan Agreement, then the Lender shall have the option, upon prior written notice to the Borrower, of increasing the rate of interest on this Note by an additional one- halfpercent (0.5%) per annum for the balance of the term of this Note (which increase shall be in addition to any other increase as specified herein) and/or declaring such failure to constitute an Event of Default. 6. Upon a Determination of Taxability (as defined in the Loan Agreement), the interest rate on this Note shall be increased by an additional two percent (2.00%) per annum from and after the Date of Taxability (as defined in the Loan Agreement). Any accrued and unpaid interest as a result of such Determination of Taxability shall be paid to the Lender within thirty (30) days of the Determination of Taxability. 7. Principal and interest and premium or service charge, if any, due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. If any installment of principal or interest on this Note is not paid within ten (10) days of the due date thereof, an additional late charge shall be immediately due and payable in an amount equal to five percent (5%) of the amount of the installment of principal, interest, premium, and service charge then due and remaining unpaid. 8. This Note is subject to mandatory purchase by the Borrower from the Lender on December 1, 2012 (the "Mandatory Purchase Date"). On the Mandatory Purchase Date, the Borrower shall purchase this Note for a purchase price equal to the then outstanding Principal Balance, plus all accrued and unpaid interest, without premium. 9. This Note shall be prepaid, in whole or in part, from the proceeds of any loan prepayment made by the Borrower pursuant to Section 5.1 of the Loan Agreement. Under the terms of the Loan Agreement, the Borrower may prepay the Loan (as defined in the Loan Agreement), at any time in whole or in part, without penalty (except that no prepayment may be made during any period in which the Monthly Rate is in effect). Notice of any such prepayment of this Note shall be given to the Lender by first-class mail, addressed to the Lender at its registered address, not less than thirty (30) days prior to the date fixed for prepayment. In the event of a prepayment of this Note, the Lender shall apply any such prepayment first against accrued interest on the Principal Balance and second against the Principal Balance of this Note. At the date fixed for prepayment, funds shall be paid to the Lender at its registered address. 10. This Note is secured by the Pledge Agreement and is further secured by an Amended and Restated Mortgage and Assignment of Rents and Security Agreement and Fixture Financing Statement, dated March 26, 2003, as amended by an Amendment to Mortgage, dated December 12, 2003 (as so amended, the "Mortgage"), executed by the Borrower, as mortgagor, in favor of the Lender, as mortgagee. The disbursement of the proceeds of this Note is subject to the terms and conditions of the Loan Agreement and a Disbursing Agreement, dated as of March 26, 2003 (the "Disbursing Agreement"), between the Lender, the Borrower and Commonwealth Land Title Insurance Company. 11. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor. To the extent permitted by the Act and other applicable law, whether or not as a result thereof the interest on this Note becomes includable in gross income for federal income tax purposes or becomes includable in net taxable income for State of Minnesota income tax purposes, the Lender may, without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability: (i) extend the date for the payment of any principal, premium, service charge, or interest with respect to this Note; or (ii) release any property or any portion of any property subject to the Mortgage, the Pledge Agreement, or any other security document. In no event, however, may the Maturity Date of this Note be extended beyond December 1, 2032. 12. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the Bank Loan Agreement, or the Mortgage, the Lender may declare the Principal Balance and accrued interest on the Note to be immediately due and payable. In addition, during any period that an Event of Default exists, the Principal Balance shall accrue interest at a rate equal to two percent (2%) per annum above the rate at which interest would otherwise accrue on this Note. 13. As provided in the Resolutions and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the City, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Manager, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Manager will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment, or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon the Lender's order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 14. All of the agreements, conditions, covenants, provisions, and stipulations contained in the Resolutions, the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 15. This Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 16. If an Event of Default (as that term is defined in the Bank Loan Agreement, the Mortgage, or the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 17. The remedies of the Lender, as provided herein and in the Loan Agreement, the Bank Loan Agreement, the Mortgage, and the Pledge Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 18. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 19. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly this Note may not be assigned or transferred, in whole or part, nor may a participation interest in this Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. The City acknowledges that the Lender may enter into a participation agreement with one or more sophisticated investors. 20. The City has designated this Note as a "qualified tax exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 21. This Note amends and restates that certain Educational Facilities Revenue Note (Academy of Holy Angels Proiectl. Series 2003. designated R-1 and bearing a Date of Registration of December 12 2003 (the "Original Note"1 and the Citv is executing and delivering this Note to th_e Lender in substitution for and not in navment of the Original Note. It is hereby certified and recited that all conditions, acts, and things required to exist, to happen, and to be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. coo .- ~aor „~,i,;~ ,., r~o~~;,,....ii„ ior,. ~.i..,,v ~ 4 In witness whereof, the City has caused this Note to be duly executed in its name by the manual or facsimile signatures of the Mayor and City Manager, the corporate seal having been intentionally omitted as permitted by law. CITY OF RICHFIELD, MINNESOTA By Its Mayor By Its City Manager S-1 NOTE REGISTER The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Richfield, Minnesota in the name of the holder last noted below. Date of Name and Address Registration Registered Owner April _, 2004 Wells Fargo Bank, National Association MAC N9117-031 430 North Wabasha Street Suite 302 Saint Paul, Minnesota 55101 Signature of City Manager NR-1 Consent l0E APx~L 27, 2003 Related to: CITY COUNCIL GOAL(S) NO. N/A REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: aND/oR RICHFIELD 2020 GOAL(S) NO CHRISTINE COSTELLO, ZONING ADMINISTRATOR NAMC, TITLL•' S/GNATU2l; N/A ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing and second reading for consideration of amendments to the Richfield Zoning Code Sections 506 and 526 and the Richfield City Code Section 920 to create regulations for firearms related uses. I. RECOMMENDED ACTION: By Motion: Continue the public hearing and second reading for consideration of amendments to the Richfield Zoning Code Sections 606 and 526 and the Richfield City Code Section 920 to create regulations for firearms related uses to May 25, 2004 to allow staff the appropriate time to develop minimum standards for buildings used for firearms related uses. III. BACKGROUND A Richfield resident requested zoning requirements for locating a firearms safety-training center at 6611 Chicago Avenue in June of 2003. After reviewing current land-use rules, staff determined that no zoning regulations existed for such a use in Richfield. 042703Firearms Cont On July 8, 2003 the City Council voted to classify any use involving the discharge of a firearm as a `firearms related use' and to limit such uses to the C-2 or I districts within the City. The Council further directed the Planning Commission and Public Safety Department to work together to draft suggested zoning regulations for such uses. The City Council also enacted a moratorium on such uses until after regulations could be drafted and adopted. This land-use moratorium took effect on July 8, 2003 and will expire on July 31, 2004 unless it is extended by the City Council prior to the expiration date. A public hearing was set for March 23, 2004 and continued to April 27, 2004. Staff is recommending that the hearing be continued until May 25 to allow additional time to develop building standards. III. BASIS OF RECOMMENDATION A. POLICY • The recommended ordinance amendment will create a definition for firearms-related uses and provide zoning regulations and licensing requirements for such uses in the C-2 and I zoning districts. • It is important to develop minimum standards for buildings used for firearms activities that do not exceed building code requirements but that provide reasonable standards for governmental and non- governmental entities. B. CRITICAL ISSUES • Regulations for firearms related uses are necessary to provide reasonable controls for such uses to insure public health, safety, and welfare. • The amended ordinances should be adopted and published 30 days before the moratorium expires on July 31, 2004 or the moratorium will need to be extended. C. FINANCIAL • N/A D. LEGAL Notification: Notification for the City Council public hearing on this proposed Zoning Code amendment was published in the Sun Current on March 11, 2004 as required by City Ordinances and State Statutes. I 1 V . ALTERNATIVE KECOMMENDATION(S) I • Proceed with the public hearing with insufficient information on the clarification of the minimum standards for buildings used for firearms activities. I V . ATTACHMENTS I ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ AGENDA SECTION: Consent AGENDA ITEM # lOD REPORT # ]Q STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S) No. NA AND/OR RICHFIELD 2020 GOAL(S) NO 10, 42 REPORT PREPARED BY: ~'AM DMYTRENKO ASSISTANT TO THE CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of attached resolution supporting the recommendation of the MSP Noise Oversight Committee (NOC) for noise mitigation in residential areas I. RECOMMENDED ACTION: By Motion: Approve the attached resolution supporting the recommendation of the MSP Noise Oversight Committee (NOC) for noise mitiaation in residential areas. III. BACKGROUND ~ At its March 24, 2004 meeting, the Minneapolis/St. Paul International Airport's (MSP) Noise Oversight Committee (NOC) approved a recommendation to forward to the Metropolitan Airports Commission (MAC) Planning and Environment Committee. The recommendation represents a compromise solution for a sound mitigation package for homes within the 2007 60-64 DNL contours. On a vote of 7-4 (with one abstention), the NOC approved a recommendation that would provide the current 5 decibel reduction sound insulation package for homes in the 64, 63; and 62 DNL noise contours based on the block intersect method. Homes in the 61 and 60 DNL contours would receive a sound insulation package not to exceed $13,500 (approximately the cost of providing a mechanical package) also based on the block intersect method. Under the block intersect method (used 0427NOCresolution under the current Part 150 Program), if a home on a block is touched by the noise contour, all of the homes on that block qualify for the noise insulation package. The NOC's recommendation for the continuation of the sound mitigation program will be presented to MAC Planning and Environment Committee on Wednesday, May 5, 2004 at 9:00 AM. As part of the presentation, the affected communities of Richfield, Minneapolis, Bloomington and Burnsville will have the opportunity to submit resolutions in support of the NOC recommendation. III. BASIS OF RECOMMENDATION A. POLICY • The City strongly believes that the MAC and Northwest Airlines made promises to affected communities during the Dual Track process to provide noise insulation to the 60 DNL contour. • The City also recognizes the importance of compromise in reaching a solution that will provide necessary sound mitigation to residents most severely impacted by airport noise, taking into consideration the importance of applicable science and technology in developing a defensible noise mitigation policy. B. CRITICAL ISSUES • While the City prefers to have the full 5 dB reduction package provided to homes within the 60-64 DNL, it is extremely unlikely that policy will be adopted by the MAC. In 2002, the MAC approved a modified package that would have provided the current 5 dB reduction package to homes within the 64 and 63 DNL contours and a mechanical package to homes within the 62-60 DNL contours. • The NOC recommendation is a good faith effort to reach a compromise between the needs of the affected communities and the concerns of the airport user groups. Specifically, NWA is taking a position not to offer any noise mitigation beyond the 65 DNL contour. C. FINANCIAL • None D. LEGAL • None ALTERNATIVE KECOMMENDATION(S) ~ • Do not approve the attached resolution. However, Richfield has been an active voting member of the NOC and did vote in favor of the recommendation based on feedback from the entire Council at its March 23, 2004 meeting. • Approve the recommendation with any suggested changes. V. ATTACHMENTS • rcesoiution • Memo from NOC co-chair, Vern Wilcox (Bloomington), to MAC Planning and Environment Committee dated March 26, 2004. ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None RESOLUTION NO. RESOLUTION IN SUPPORT OF THE MSP NOISE OVERSIGHT COMMITTEE RECOMMENDATION FOR NOISE MITIGATION IN RESIDENTIAL AREAS WHEREAS, the Cities of Richfield, Minneapolis, Bloomington, and Burnsville are participating as members of the MSP Noise Oversight Committee (NOC) with other affected communities and airport user groups to discuss noise abatement measures and to make advisory recommendations to the Metropolitan Airports Commission (MAC) regarding noise issues; and WHEREAS, a significant portion of the City's population is impacted by noise, and the resident's health, welfare, and right of quiet enjoyment of their properties is of concern to the City Council of the City of Richfield; and WHEREAS, the City of Richfield is supportive of a full 5 dB noise reduction package for all homes within the 60 DNL and greater noise impact areas, and believes that MAC made such a commitment to the City of Richfield residents when adopting the Noise Mitigation Program on October 28, 1996; and WHEREAS, Northwest Airlines, through its representatives, have recently stated their position to the MAC as being opposed to any expenditure of funds in the 60-64 DNL areas for noise mitigation; and WHEREAS, a compromise was approved by a majority of members on the Noise Oversight Committee on March 24, 2004 which could be completed within the $150 million which MAC committed to in 2002; and WHEREAS, the NOC's compromise was forwarded to the MAC for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby support the full 5dB noise reduction program throughout the 60-64 DNL area. BE IT FURTHER RESOLVED that we encourage the MAC to adopt the compromise put forth by the NOC recommendation for the extended Sound Insulation Program in the 60-64 DNL impacted areas and that the program be completed by 2010. BE IT FURTHER RESOLVED that the City Clerk transmit a copy of this resolution to the MAC and to Mr. Vern Wilcox, chairman of the affected communities on the NOC. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk °~ ~ c CITY OF ,OOMINGTON MINNESOTA DATE: March 26, 2004 TO: Planning & Environment Committee FROM: Vern F. Wilcox, Co-Chair MSP Noise Oversight Committee RE: Recommendation -Part 150 Sound Mitigation Program The Noise Oversight Committee (NOC) at its March 24, 2004 meeting approved the following recommendation for the Part 150 Sound Mitigation program. It was moved by Representative Wilcox and seconded by Representative Ulrich to recommend to the Planning and Environment Committee that homes within the 2007 - 62+ DNL noise contour would receive the current 5-decibel reduction insulation package based on the block intersect method. Homes within the 60 & 61- 2007 DNL noise contours would receive a sound insulation package not to exceed $13,500 per home based on the block intersect method, and that a schedule be established to insure program is completed by the year 2010. Representative Lord offered a friendly amendment, which was accepted by the maker: That a list of recommended mitigation measures be developed by staff for treatment of homes in the 60 & 61 - 2007 noise contours based on the $13,500 cap. The motion carried by majority vote: City ofBloomington - Mr. Vern Wilcox: Yes City of Mendota Heights - Mr. Jack V itelli: Yes City of Richfield - Ms. Gertrude Ullrich: Yes City ofMinneapolis - Mr. Scott Benson: Yes City of Eagan - Ms. Dianne Lord (Altemate): Yes At- Large Community Member - Mr. Tom Hansen: Yes Scheduled Airline Rep. - Ms. Kathleen Nelson (NWA): No Cargo Rep. - Mr. Pete Levermore (UPS): Yes Charter Rep. - Mr. Brian Barthman (Champion): No Chief Pilot - Mr. Tim Beutell (Alternate): No MBAA - Mr. Bob Johnson: Abstain At-Large User Rep. - Mr. Brad Osborn (Mesaba): No There was obviously a great deal of discussion and review that led up to this recommendation by the majority of the committee. The following points will hopefully give some insight as to the basis for our recommendation. Commitment: The representatives felt that there was indeed a promise made to the surrounding communities going back to the dual track process and regazdless of varying opinions to that commitment, there should indeed be some level of mitigation. INTEROFFICE MEMO AGENDA SECTION: Consent AGENDA ITEM # lOC REPORT # 69 STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOALS} NO. 12 AND/OR RICHFIELD ZOZO GOALS} NO N/A REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER Nance TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution to transfer $250,000 from 2003 General Fund -Fund Balance to the Government Buildings fund to establish funds for the future renovation of City Hall effective December 31, 2003. I. RECOMMENDED ACTION: By Motion: Adopt a resolution providing authorization to transfer $250,000 from the 2003 General Fund -Fund Balance to the Government Buildings fund to establish funds for the renovation of the City Hall effective December 31, 2003. II. BACKGROUND III. BASIS OF RECOMMENDATION 0427CityHallFund ,/1C.~ A. POLICY • The existing City Hall building is approximately forty years old. Due to its age, the building is consistently in need of repairs. • The renovation of City Hall is one of the City Council goals. B. CRITICAL ISSUES • The building has in recent years undergone several hundred thousand dollars of repairs. • The building no longer effectively meets the functional needs of residents, council, visitors and employees. • The City Hall roof is in need of replacement and a decision will need to be made as to whether it is prudent financially to do so. • City Hall is in noncompliance with the Americans with Disabilities Act requirements. C. FINANCIAL • There have been funds previously set aside for City Hall renovation. A detail follows: o $300,000 of 2002 General Fund -Fund Balance for roof replacement. o $154,500 of 2003 Special Revenue money. o $131,000 of 2004 Special Revenue money. • These funds are in a restricted use account in the Building Services Fund. • The 2005 CIB and 2006-2010 CIP has made provision for additional funding for City Hall renovation. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide to not use General Fund -Fund Balance and seek other City funding sources to set aside funds for the renovation of city hall. V. ATTACHMENTS • Resolution authorizing transfer of General Fund -Fund Balance to the Government Buildings fund effective December 31, 2003. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORING TRANSFER OF 2003 GENERAL FUND YEAR-END FUND BALANCE TO ESTABLISH FUNDS FOR RENOVATION OF CITY HALL WHEREAS, the City Hall is approximately forty years old and is experiencing an increased need for repairs, and WHEREAS, the renovation of City Hall is a City Council goal, and WHEREAS, the City Hall building is not in compliance with ADA requirements, and WHEREAS, there is sufficient year-end fund balance from the 2003 General Fund available to establish funds for City Hall renovation. NOW THEREFORE, BE IT RESOLVED that the City Council authorize the City Manager to transfer $250,000 of 2003 General Fund year-end fund balance to the Government Buildings fund to establish funds for the renovation of City Hall effective December 31, 2003. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # lOB REPORT # 68 ~~ ~~ ~ STAFF REPORT ~~_~. r; CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S~ NO. 3O REPORT PREPARED BY: AND/OR RICHFIELD 2020 GOAL(S~ NO THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: __.-. SIGNATURE NA ITEM FOR COUNCIL CONSIDERATION: Approve resolution supporting legislation to provide improved funding for I-494 Corridor Im rovements I. RECOMMENDED ACTION: By Motion: Approve resolution supporting legislation to provide im roved funding for I-494 Corridor Improvements. II. BACKGROUND The I-494 Corridor Commission has asked each participating city to pass a resolution urging the state legislature to provide additional funding to accelerate the reconstruction of I-494. Lack of state highway funds has delayed reconstruction of I-494 in the Richfield area until 2013 at the earliest. III. BASIS OF RECOMMENDATION 0427-494Funding A. POLICY The City's Comprehensive Plan has identified the reconstruction of 1- 494 as a priority. B. CRITICAL ISSUES . I-494 is severely congested and experiences numerous accidents. Lack of state funding has delayed reconstruction of I-494. C. FINANCIAL • The resolution will have no affect on City finances. D. LEGAL • There are no legal issues associated with the resolution. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council can. choose not to pass the attached resolution. V. ATTACHMENTS • Resolution supporting legislation to provide improved funding for I-494 Corridor Improvements VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING FOR I-494 CORRIDOR IMPROVEMENTS WHEREAS, the cities of Bloomington, Edina, .Eden Prairie, Minnetonka, Plymouth and Richfield have joined together to promote improvement of I-494 from the Minnesota River to I-94 in order to increase road capacity and to improve the productivity and convenience of residents and businesses throughout the region; and WHEREAS, accelerating the scheduled expansion of I-494 is a common and high priority objective of the I-494 Corridor Coalition communities; and WHEREAS, the I-494 corridor is at 50 percent over capacity in many locations; the cost of traffic congestion along the corridor is $100 million per year, and congestion is expected to double in the next 20 years; and WHEREAS, funding for improvements to the 1-494 corridor, the Twin Cities metropolitan region and greater, Minnesota has not kept pace with growth and demand due to a lack of any state gas tax increase. in Minnesota since 1988; and WHEREAS, transportation spending; as a percentage- of the state gross product, has declined from 1.2 percent to .9 percent over the past decade, transit is funded at 65 percent that of similarly sized regions and. planners estimate that at least $1 billion in improvements per year for the next decade is needed. to simply keep up with anticipated congestion; and WHEREAS, the costs and ramifications of congestion are an impediment to business development; economic growth, and reduce the overall quality of life in the metropolitan area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RICHFIELD that this Council supports steps to decrease congestion and increase the state revenues available for improvements to the I-494 corridor and other metropolitan transportation systems. Adopted by the City Council of the City of Richfield, Minnesota this 27 day of April , 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # l0A REPORT # 67 J STAFF REPORT CITY COUNCIL MEETING APRIL 27, 2004 Related to: CITY COUNCIL GOAL(S) NO. N/A AND/OR RICHFIELD 2020 GOAL(S) NO 5, 21 REPORT PREPARED BY: JOHN STARK, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: -- ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution granting a Temporary Off-Street Parking Permit for 6901 L ndale Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Temporary Off-Street Parkin Permit for 6901 L ndale Avenue South. II. BACKGROUND The Richfield Historical Society has proposed a renovation of the "workshop" building on the Bartholomew House site at 6901 Lyndale Avenue. The 2,010 sq. ft. workshop building is currently used as a storage area for historical artifacts and other items. The planned renovation would convert the workshop into the "Richfield History Center," which would include a 20-seat auditorium, a 400 sq. ft. meeting room, a 042704 OSP-Batholomew 175 sq. ft. office space, men's and women's restrooms and the remaining area would continue to be used for storage. Any significant change in use requires the approval of an Off-Street Parking Permit. The purpose of an Off-Street Parking Permit is "to ensure that adequate on-site parking is provided to accommodate expected parking generation." The applicant has indicated that the existing site has space for 15 vehicles to park on-site. In the City's Parking Standards, the "Church and Other Places of Assembly" use requires 1 parking space per 2.5 seats. These parking standards, if strictly applied, would require 11 spaces on-site for the new use in addition to spaces already serving the Bartholomew House structure. It is difficult to determine the exact parking needs of this site, however, due to a number of factors, including: • A report, by the applicants, that the vast majority of users are school children who are transported in school buses that drop them off at the site and return later to retrieve them; • A question as to whether the new space would serve to attract additional visitors or merely offer existing visitors an additional resource on the property; • A question as to whether the meeting space would be used by civic groups primarily in evening hours at a time when the visitation to the Bartholomew House is minimal. The City's Parking Lot Standards also have some specific requirements about the physical improvements required as a part of a parking lot. These requirements include such things as paved surfaces, curbed perimeters, painted striping, etc. The site's existing parking area is gravel that has no curbing or striping. City staff is recommending the issuance of a Temporary Off-Street Parking Permit for athree-year period. The reason that a temporary permit is being recommended is to allow staff an opportunity to observe the actual parking demands on-site before requiring permanent improvements to the parking area. If a temporary permit is approved, staff will conduct occasional site visits on varying days at varying times to determine the actual parking demand. When the applicant reapplies for a permanent permit at the conclusion of the temporary period, staff will make a specific recommendation as to the number of parking spaces that should be provided and, at that time, will further address the issue of permanent improvements to the parking area. Staff has held an Administrative Review Committee (ARC) meeting with the applicant and advised them of the recommended action. Staff also advised that during that period, the Historical Society and the Richfield Public Schools (who own the land) have along-range plan for parking improvements. At the ARC meeting staff did recommend one permanent improvement as a condition of the temporary permit. That improvement was the closure of the entrance to the site directly off of Lyndale Avenue. This was recommended due to the close proximity of this entrance to the intersection of Lyndale Avenue and 69th Street. The applicant has revised their application to reflect the closure of this entrance (see attached site plan). At the ARC meeting there were a few additional requirements noted to the applicant; such as a posted occupancy limit of 49 people, the installation of 1-hour fire rated walls. III. BASIS OF RECOMMENDATION A. POLICY • Procedures for issuance of an Off Street Parking Permit are outlined in City Code Section 800.17, which authorizes the City Council to issue a permit after determining that the requested parking area will not have an adverse effect upon the public safety or general welfare of the community. B. CRITICAL ISSUES • The Richfield Historical Society has raised the funds to make improvements to convert the workshop building into a new Richfield Historical Center building. • It is difficult to determine the actual parking demand for this use. • Staff is recommending that athree-year Temporary Off-Street Parking Permit be issued to allow the project to move forward while evaluating actual parking demand and before requiring permanent parking lot improvements. C. FINANCIAL • N/A. D. LEGAL • It is within the City Council's legal power to grant a Temporary Off- Street Parking Permit. IV. ALTERNATIVE RECOMMENDATION(S~ • Defer a decision on the resolution for a Temporary Off-Street Parking Permit. • Approve an amended resolution for a Temporary Off-Street Parking Permit with amended requirements. • Approve an amended resolution for an Off-Street Parking Permit without the temporary timeframe. • Deny a resolution for a Temporary Off-Street Parking Permit. V. ATTACHMENTS • A resolution for a Temporary Off-Street Parking Permit. • Proposed site plan. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. David Butler, Secretary of the Richfield Historical Society. RESOLUTION NO. RESOLUTION GRANTING A TEMPORARY OFF-STREET PARKING PERMIT AT 6901 LYNDALE AVENUE SOUTH. WHEREAS, an application has been filed with the City of Richfield which requests approval of an Off-Street Parking Permit for the parcel of land located at 6901 Lyndale Avenue South. and WHEREAS, the requested Off-Street Parking Permit has been reviewed by staff; WHEREAS, staff has recommended that further evaluation is needed to determine the parking demands for the proposed renovation of an existing structure; and WHEREAS, the City has fully considered the request for temporary approval for the Off-Street Parking Permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: That a Temporary Off-Street Parking Permit for 6901 Lyndale Avenue South is hereby approved for a three (3) year period with the stipulation that the site's curb-cut on Lyndale Avenue South be eliminated. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 042704 OSP-Batholomew /~ ~ ~; ,.~ i . ~t / / / . ~ ~ ./ ~ ~ ~~ `- i i ~ ~ . 1 .. ,. .~ .~ ~`' .~ P R o P. \\` P t1 trt ~ R PO l E ~ /. r / ~ :G~'R. . : •. ~r'' ~ ,\. ' y .` v ~ /• , ';- -~ :,':mss S. 1 - - / B THL~LO Nt '.I OUSE .-~ '1 `~/. '~ ~ - ~~~ •' // ~ ~ / ~--~ ~--~ ,~ 3 O .~ ~ O O V O ~ 4 V' .~ L ~ t LT L ~ O .~. •f- Q. ~ '+- s ~ Z