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03-26-04 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, MARCH 25, 2003 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 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: Pledge of Allegiance Approval of minutes of Regular City Council Meeting of March 11, 2003 PRESENTATIONS 1. Annual presentation from Hennepin County Attorney, Amy Klobuchar Notes: 2. Consideration of endorsement of "Together We Stand" 2003 ad campaign which urges parents and community leaders to take active role in preventing underage drinking and alcohol use in Richfield Staff Report No. 66 Notes: 3. Presentation regarding Richfield's Sister City, Heredia, Costa Rica Notes: COUNCIL DISCUSSION 4. Council Discussion Notes: AGENDA APPROVAL 5. Council approval of agenda _ _ .._._. __._ __. _ ..._ .. CON.SENT.,CALENDAR _ _ . 6. 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. A. Consideration of approval of resolution amending Hennepin South Services Collaborative Agreement for research, planning and coordination of human services and Family Services Collaborative S.R. No. 67 B. Consideration of approval of resolution confirming City Manager's appointment of Larry Emond and Glenn Erickson as resident members of 2003 Local Board of Equalization S.R. No. 68 C. Consideration of approval of resolution calling public hearing by City Council on May 13, 2003 on proposed adoption of (1) modification to Redevelopment Plan for Richfield Redevelopment Project Area; 2) modification to Tax Increment Financing Plan for Interstate-Lyndale-Nicollet Tax Increment Financing District; and 3) modification to Tax Increment Financing Plan for Lyndale Gateway West Tax Increment Financing District; all relating to Cornerstone Redevelopment Project S.R. No. 69 D. Consideration of approval of first reading of transitory ordinance reallocating $14,342.61 from Pleasant Avenue Bike Trail Segments Project to Micro-Plane 76th Street Project and schedule public hearing and second reading for April 22, 2003 S.R. No. 70 E. Consideration of approval of first reading of amendment to City Code Section 1200 allowing sale and consumption of liquor at Richfield Community Center and schedule second reading for April 22, 2003 S.R. No. 71 F. Consideration of approval of Consent of Termination of Declaration of Open-Space Covenants and Easements for Lot 17, Block 3, "Fairwood Shores", within City Bella. Project S.R. No. 72 G. Consideration of approval of soliciting requests for proposals for professional engineering services for design of new Lyndale Avenue Bridge at I-494 S.R. No. 73 H. Consideration of approval of itinerant place of amusement license for Galyan's Road to Adventure event, 1700 West 78th Street, on May 30, 2003 S.R. No. 74 Notes: 7. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 8. Public hearing and consideration of second reading of transitory ordinance authorizing sale of City-owned property at 6309 Bryant Avenue to HRA for single family new construction ' Staff Report No. 75 Notes: 9. Public hearing regarding resolution approving conditional use permit to allow Richfield- Bloomington Credit Union to provide drive-up window teller service at 345 77th Street -East Staff Report No. 76 Notes: 10. Public hearing and consideration of second reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain capital improvements (Continued from March 11, 2003) Staff Report No. 77 (to be distributed prior to meeting) Notes: PROPOSED ORDINANCE 11. Consideration of second reading of ordinance amendment to Richfield City Zoning Code Section 820.05 regarding legal notice requirements for vacating public right-of--way (Continued from March 11, 2003) Staff Report No. 78 Notes: RESOLUTION 12. Consideration of resolution approving provisions of 2003 labor agreement with Law Enforcement Labor Services Local 123 Staff Report No. 79 Notes: 13. Consideration of resolution regarding Storm Water Utility Fee Credit Policy Staff Report No. 80 Notes: OTHER BUSINESS 14. Consideration of Richfield's Storm Water Pollution Prevention Program as required for compliance with National Pollution Discharge Elimination System Phase II Permit Staff Report No. 81 Notes: PROPOSED ORDINANCE 15.Consideration of first reading of amendment to Richfield Nuisance Ordinance, Subsection 925.01, Subd. 4 by adding language to prohibit placement by humans or erosion of leaves, lawn clippings or soil in natural waterway or public street, street drain, gutter or ditch and scheduling public hearing and second reading for April 22, 2003 Staff Report No. 82 Notes: CITY MANAGER'S REPORT 16. City Manager's report 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 the 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: pROp. ORi~TNANGF AGENDA ITEM # 15 REPORT # 82 STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: GEORGE L. ATxINSON, ENGINEERING SUPERVISOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ % .rj t "d r SIGNATU REVIEWED BY CITY MANAGER: ~ \~~J ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of amendment to Richfield's Nuisance Ordinance, Subsection 925.01, Subdivision 4, by adding language to prohibit the placement by humans or by erosion of leaves, lawn clippings or soil in a natural waterway or public street, street drain, gutter or ditch and setting the public hearing and second reading for April 22, 2003. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached amendment to City Code, Subsection 925.01 and schedule a public hearing and second reading for April 22, 2003. III. BACKGROUND ~ At its regularly scheduled meeting of May 14, 2002, the City Council adopted a Sediment and Erosion Control ordinance which requires the submittal of a Sediment and Erosion Control plan and the installation and maintenance of Erosion Control devices for all construction projects that expose 5000 square feet or more of soil. City Code, Chapter 925.01 prohibits the obstruction of a waterway by the placement of "trash, lawn clippings, leaves, rocks, boards or other material." 03251eaves-cuttings-soi I However, these two Ordinances do not provide for erosion control on small projects where less than 5,000 square feet of soil is exposed nor does it prohibit the placement of leaves, lawn clippings or soil in waterways or gutters unless an obstruction is caused. This ordinance change would make it clear that leaves are not to be raked into the streets and lawn mowers should direct clippings away from the street. It also provides for erosion control for small construction sites of less than 5000 square feet. The attached, proposed ordinance change will: • Allow staff to require contractors on projects where less than 5,000 square feet of soil is exposed to keep soil on the site and out of streets, storm drains, gutters and waterways. On these small projects, an erosion control plan will not be required, but erosion control devices may be required. • Allow staff to require residents to keep leaves, lawn clippings and soil out of streets, storm drains, street gutters and waterways for environmental reasons even if a blockage does not result. Adoption of the proposed ordinance will allow staff to protect waterways from pollutants such as yard clippings, leaves, and eroded soils on projects to small to be included under other recently adopted ordinances. In researching background for this proposal, staff contacted 11 other metro area suburban cities: Bloomington, Eden Prairie, Edina, Hopkins, St. Louis Park, Burnsville, Eagan, Roseville, Plymouth, Lakeville and White Bear Lake. All of these cities have ordinances that prevent the placement of trash, debris and garbage on public rights-of--way. Nine of the 11 have very specific prohibitions against depositing grass clippings, leaves and/or yard waste. The other two do not specifically mention yard waste, but could be interpreted to include those types of waste. Six of the 11 cities also specifically prohibit the placement of soil on streets or rights-of--way. III. BASIS OF RECOMMENDATION A. POLICY • Richfield is a leader in storm water rate and quality control. Both the Comprehensive Plan and previous Council actions have supported the installation of devices meant to improve storm water quality as well as rate control. B. CRITICAL ISSUES • With the enactment of the proposed ordinance amendment, staff will have the necessary legal tools to prevent or correct erosion problems on all construction sites regardless of size. • Staff will also have legal authority to work with residents to minimize the amount of waterborne pollution entering Richfield's ponds due to leaves and grass clippings being placed in streets, gutters and catch basins. C. FINANCIAL • There will be some additional costs to builders and property owners for installing and maintaining erosion control devices on projects with less than 5,000 square feet of exposed soil. In the long run, however, Richfield taxpayers will save money on the cost of dredging and remediation of wetlands. D. LEGAL • The City Attorney has helped draft the proposed ordinance change. IV. ALTERNATIVE RECOMMENDATION(S~ • Council could decline to approve the proposed ordinance amendment; however, that action would leave staff without the necessary legal tools to keep exposed soils from eroding into storm ponds and wetlands from small construction sites. V. ATTACHMENTS • Ordinance amendment. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. BILL NO. AN ORDINANCE PROHIBITING PLACEMENT OF LEAVES, GRASS CLIPPINGS AND SOIL IN PUBLIC STREETS AND WATERWAYS; AMENDING RICHFIELD CITY CODE SUBSECTION 925.01, SUBDIVISION 4 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 925.01, subdivision 4 of the Richfield City Code is amended by adding a clause (r) to read as follows: (r) the placement or dispersal of leaves or lawn clippings or soil into a natural waterway or public street, street drain, gutter or ditch, or allowing water to place or deposit eroded soil into a natural waterway or public street, street drain, gutter or ditch. Section. 2. This ordinance is effective in accordance with section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: OTHER BIISINESS AGENDA ITEM # 1~+ REPORT # $1 STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: JIM OLSON, PROJECT ENGINEER NAME, TITLE COUNCIL PRESENTER: NAME~TIT/LE~ DEPARTMENT DIRECTOR REVIEW: ® !r " ~"., " ~ ,~ SIGNATURE REVIEWED BY CITY MANAGER: ~ ~/C I l /~_ q ~ ~L ~ ~~ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration for the acceptance of Richfield's Storm Water Pollution Prevention Program as required for compliance with the National Pollution Discharge Elimination System (NPDES) Phase II Permit. I. RECOMMENDED ACTION: By Motion: Approve the Storm Water Pollution Prevention Program for the Cit of Richfield as re uired under the NPDES Phase II Permit. II. BACKGROUND This Storm Water Pollution Prevention Program has been prepared in conformance with the National Pollutant Discharge Elimination System (NPDES), Phase II Permit Rules and is in compliance with the provisions of the Clean Water Act. The goal of the National Pollutant Discharge Elimination System Permit is to restore and maintain the chemical, physical, and biological integrity of waters of the state through management and treatment of urban storm water runoff. This program requires that this be accomplished through the management of Municipal Separate Storm Sewer Systems (MS4s) through the preparation of a Storm Water Pollution Prevention Program. 0325NPDESphasell The Storm Water Pollution Prevention Program identifies the goals and the Best Management Practices that will be undertaken to meet the requirements of the NPDES Phase II rules. Measurable goals have been established for each of the practices included in the program along with an implementation plan and the persons responsible for implementing them. These practices could be a combination of education, maintenance, control techniques, system design and engineering methods, and. other such provisions that are appropriate to meet the requirements of the NPDES Phase II permit. Best Management Practices have been prepared to address each of the six minimum control measures as outlined in the rules. These six minimum control measures are: 1. Public education and outreach on storm water impacts. 2. Public participation and involvement. 3. Illicit discharge detection and elimination. 4. Construction site runoff control. 5. Post construction storm water management in new development and redevelopment. 6. Pollution prevention/good housekeeping for municipal operations. The term of the NPDES Permit is for five years. During the five-year period the City will submit an annual report to the Minnesota Pollution Control Agency (MPCA). The report will record the accomplishments of the program. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has always sought to improve the management of its stormwater. The City has a comprehensive storm water management plan and has already adopted ordinances to help reduce pollutants transported in storm waters. The NPDES Phase II rules will be a continuation of the City's storm water management plan. B. CRITICAL ISSUES • The City has submitted a Notice of Intent to comply with the NPDES Phase II Permit to the MPCA. The Storm Water Pollution Prevention Program was included with the Notice of Intent and any changes to the program as may be requested from the City Council must be completed by May 9, 2003. C. FINANCIAL • The cost to complete the Storm Water Pollution Prevention Program and begin implementation for the first year is estimated to be between $15,000 and $30,000. Funding for the program will come from the 2002 - 2003 Storm Water Utility Fee. D. LEGAL • Implementation of the Phase II rules is required by the United States Environmental Protection Agency (USEPA) and the MPCA. IV. ALTERNATIVE RECOMMENDATION(S~ • None Recommended V. ATTACHMENTS • A copy of the Storm Water Pollution Prevention Program will be available for review at the Council Meeting. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: RESOLIITION AGENDA ITEM # 13 REPORT # 80 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: GEORGE L. ATKINSON, ENGINEERING SUPERVISOR NaneE, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: f~ vd~ REVIEWED BY CITY MANAGER: ~~,~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution adopting a Storm Water Utility Fee Credit Policy. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving a Storm Water Utilit Fee Credit Polic . II. BACKGROUND Richfield City Code (720.11) provides that the City Council may by resolution adopt policies providing for the adjustment of charges for parcels or groups of parcels, based on hydrologic data demonstrating an actual hydrologic response substantially different from the REF (Residential Equivalency Factor) being used for the parcel or parcels. A few property owners in the City provide some level of on-site water retention and/or treatment. Such on-site treatment usually consists of one or more ponds, which may create a hydrologic response substantially different from the REF being used. Therefore, by code, owners of those parcels are entitled to a storm water utility fee reduction. The attached proposed policy provides guidelines for implementing the above stated code provision. Under the proposed policy those parcel owners that provide on-site 0325Stormcredit storm water management may be eligible for a fee reduction of up to 50%. Partial reductions of less than 50% are possible for those that provide lesser amounts of rate reduction and cleansing. III. BASIS OF RECOMMENDATION A. POLICY • City Code references a policy for determining storm water utility credits; however no policy has been drafted to implement this code provision. B. CRITICAL ISSUES • The only critical issue related to this policy has to do with the Best Buy Campus. Best Buy not only ponds all of the runoff from its site, but also collects, ponds and treats runoff from an additional 50 acres of the City. • Best Buy has requested and by code is entitled to a reduction in its storm water utility fee. Staff, therefore, wishes to implement this policy as soon as possible. C. FINANCIAL • Reduced revenues to the City's Storm Water Utility Fund will be balanced by reduced costs to the City to manage storm drainage. In the case of the Best Buy Campus, the City's revenue will be reduced by $50,700 per year. The two on-site ponds will also be treating storm water from 42 acres of land north of the Best Buy site. The City saved money by not having to buy additional land to create ponds for the drainage area north of the Best Buy Campus and by avoiding the cost of maintaining additional ponds. D. LEGAL • Except for the need to establish a policy that implements the City Code, there are no legal issues known at this time. IV. ALTERNATIVE RECOMMENDATION(S~ • Council could direct staff to modify the proposed policy creating larger or smaller credits. Council could direct staff to eliminate the code reference to fee reduction and therefore, eliminate the need for this policy. V. ATTACHMENTS • Resolution • Proposed Storm Water Utility Credit Policy VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. RESOLUTION NO. RESOLUTION ADOPTING A STORM WATER UTILITY FEE CREDIT POLICY. WHEREAS, the City Council may by resolution adopt policies providing for the adjustment of charges for parcels or groups of parcels, based on hydrologic data demonstrating an actual hydrologic response substantially different from the REF (Residential Equivalency Factor) being used for the parcel or parcels. WHEREAS, a few property owners in the City provide some level of on-site water retention and and/or treatment usually consisting of one or more ponds which may create a hydrologic response substantially different for the REF. WHEREAS, by City. Code, the owners of these parcels are entitled to a Storm Water Utility Fee reduction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: The Storm Water Utility Fee Credit Policy is hereby adopted. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RICHFIELD STORM WATER UTILITY CREDIT POLICY I. Introduction/Background This Storm Water Utility Fee Credit Policy was developed to allow the utility fee to be reduced by up to 50% if the site has incorporated provisions for managing the rate of runoff from the site to significantly less than the rate anticipated by the utility rate fee structure. This adjustment in fee will only be allowed if the fee owner of the property submits information that clearly demonstrates a credit is warranted in conformance with the credit policy outlined herein. Outlined below please find additional information on potential credits that could be granted based on these considerations: II. Rate Of Discharge Credit i. Criteria: If storm water management features are incorporated into the drainage plan that reduce peak runoff from the site to pre-development levels, up to a 50% reduction in storm water utility fees can be granted. 2. Information Required by Applicant a. Completed site drainage plan. b. Area of site draining to each outlet point. c. Percent of impervious surface draining to each outlet point. d. Specific details about outlet facilities and pond stage-storage relationship for area upstream of outlet. e. Determination of stage-discharge relationship for outlet. 3. Calculation Procedure a. Divide site into areas that drain to each drainage outlet. b. From Table 1, determine runoff volume from 6-inch rainfall. c. Compute the live storage available within the designated storage area up to allowable high water level. d. If amount in Item "b" is less than Item "c", (i.e., ratio of "c"/"b">1) restrict outlet to 1/10 cfs/acre and take 50% credit. If ratio "c"/ "b" is greater than 0.5 but less than 1, take 25% credit. 4. Exceptions and Special Cases a. Off-site water drains to outlet -Owner has the right to drain this water through his site without detention. Credits will be granted if owner provides sufficient control for his portion of the total flow (This will require applicant to provide information about watershed beyond his parcel.) b. Outlet facility owned by the City or others yields no credits. c. Shared ponding situation -Appropriate consideration will be given to "pro-rate" this situation. III. Other Credits/Debits 1. Criteria: Where, in the opinion of the City staff, the above procedures do not result in the appropriate storm drainage charge, the Public Works Director has the authority to make adjustments consistent with the intent of the storm drainage utility. 0325Stormcredit Table 1 TABLE OF % IMPERVIOUS, CURVE NUMBER, RUNOFF FROM 6" RAINFALL AND RESIDENTIAL EQUIVALENCY FACTOR (REF) FOR LAND USES IN THE CITY OF RICHFIELD Land Use Average % Im envious CN* Runoff from 6" Rainfall REF Cemeteries 10% 60 1.92 " .25 Parks/Railroads 20% 67 2.54" .75 Single/Two-Family Residential 25% 70 2.80" 1.0 Schools/Industrial 30% 72 2.99" 1.25 Multi-famil Residential 65% 84 4.20" 3.0 Commercial/Industrial 85% 92 5.07" 5.0 Im envious Surfaces 100% 98 5.77" NA * CN assumes B soils and Antecedent Moisture Condition II. NA =Not Applicable AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 RESOLIITION 12 79 REPORT PREPARED BY: STEVEN L. DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving the 2003 labor contract with the Law Enforcement Labor Services LELS Local 123. Recommended Action: By Motion: Adopt the resolution approving the provisions of the 2003 labor agreement with the LELS Local 123 and authorize the City Manager to execute the agreement. II. BACKGROUND City staff has completed labor negotiations with the LELS Local 123 for the year 2003 subject to Council approval. LELS Local 123 represents Police Officers and Detectives - which consists of 31 positions: 27 Officers and 4 Detectives. The tentatively approved settlement includes the following changes: 1. Wages: A 3% across-the-board increase effective January 1, 2003. 0325 Police Contract u ' ~~ht~ 2. Insurance Benefits: • Increase the maximum health insurance contribution for dependent coverage to $515/month for employee plus spouse and employee plus child(ren) and $530/month for family coverage. $1 increase from $26/month to $27/month for single dental coverge. 2. Work Schedule Language: The normal workday shall be 8 to 12 consecutive hours. Previous language read 8 to 10 hours. 3. Bereavement Leave: • Update the bereavement leave provision to coincide with the City Ordinance (2002 amendment.) • Change occurrence from 16 to 24 hours and update eligible relative list. 4. Clothing: An increase of clothing allowance to $625 per year - a $15 increase. 5. In addition, the City and Union agree to preserve the right for the Union to participate in a Post Retirement Health. Care Savings Plan. III. BASIS OF RECOMMENDATION A. POLICY The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. The 2003 proposed settlement is similar to other City employee groups and is well within the range for police supervisor bargaining groups in similar cities. B. CRITICAL ISSUES In order to allow the City's accounting personnel to modify payroll records in a timely manner for 2003 wages and benefits, it is recommended that the City Council act on March 25, 2003 to adopt the attached resolution providing for contract changes, effective January 1, 2003. C. FINANCIAL 3% wage increase increases in health and dental insurance contribution Addition of 8 hours of bereavement leave $15 per year increase in clothing allowance D. LEGAL If the terms of this agreement are not approved, further negotiation will need. to take place and/or arbitration. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the terms of this agreement. • Defer discussion to another date. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT FOR THE YEAR 2003 WHEREAS, the City Manager and the Richfield Police Officers and Detectives EELS Local 123 have reached an understanding concerning conditions of employment for the year 2003; and WHEREAS, it would be inappropriate to penalize EELS Local 123 members who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and EELS Local 123 Bargaining Unit for the year 2003, under the provisions of the Labor Agreement to be implemented, effective January 1, 2003. ' Adopted by the City Council of the City of Richfield, Minnesota this 25th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP. ORDINANCE AGENDA ITEM # 11 REPORT # 78 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: .SIGNATURE REVIEWED BY CITY MANAGER: ©' ITEM FOR COUNCIL CONSIDERATION: ~!, Consideration of second reading of an ordinance amendment to Richfield City Code Section 820.05 regarding legal notice requirements for vacating public right-of-way. (Continued from March 11, 2003. I. RECOMMENDED ACTION: By Motion: Approve second reading of the attached ordinance amendment to Richfield City Zoning Code Section 820.05 regarding legal notice requirements for vacating public right-of-way. (Continued from March 11, 2003.) I. BACKGROUND • Currently, City Code requires one published notice at least 10 days in advance of a City Council public hearing for zoning matters. • Most zoning. matters also require a mailed notice to both property owners and residents in the area. • Vacating right-of-ways-such as a street or an alley-are not zoning matters and are governed by a separate section of the City Code. (Zoning regulations are in chapter 5, right-of-way vacation rules are in chapter 8). • Currently, City Code Chapter 820.05 requires that two legal notices be published in advance of public hearings for vacating public right-of-way. 0325-2nd Read-VacateROW.doc • Currently there are no requirements for mailed notices to residents and property owners. The two legal notices are to appear one each in two successive editions of the newspaper. • Mailed notices are a more effective means of notifying residents and property owners of a proposed street vacation. • Requiring two published notices for right-of-way vacations is redundant, has caused confusion and delays with processing vacation requests in the past, and imposes unnecessary expenses for the City when one published notice would be sufficient. • Thus, staff is recommending that the City Code state that a mailed notice to affected property owners and residents be required for all right-of-way vacations, and that one legal notice, rather than two, be required to be published in the newspaper. • These changes will make the City's notification requirements for right-of-way vacations the same as they are for zoning matters. • The City Council approved first reading of this proposed change at its February 11, 2003 meeting. II. BASIS OF RECOMMENDATION A. POLICY • To the extent permitted by State law and the City Charter, the City's publication requirements for public hearing should be consistent for all types of zoning or land use matters, including requests to vacate right- of-ways. The recommended change for publication requirements for vacating right-of-way will accomplish this goal. • Requiring a mailed notice is a more effective means of informing affected property owners that aright-of-way vacation has been requested than just having a published notice. B. CRITICAL ISSUES • Changing the publication requirements will save the City publication expenses by reducing the number of legal publications from two to one. Publishing one legal notice for aright-of--way vacation typically .costs between $60 and $75. Printing two notices doubles this amount. • Changing the publication requirements for right-of-way vacations will make them consistent with other land-use publication requirements- such as zoning-which will prevent confusion and delays in processing requests for vacations. • One publication is sufficient to inform the public of an up-coming public hearing to consider a request to vacate aright-of-way, especially since the proposed change will require a mailed notice as well. (Note: staff have traditionally sent mailed notices to affected property owners even though Richfield's Code has not required such mailed notice.) • The term "affected property owners and residents" for a mailed notice for vacating aright-of-way means all owners of property that abuts a right-of-way, all residents living in properties that abut aright-of-way, and in rare circumstances, owners of property and residents of property that do not abut aright-of--way but whose properties have access to a right-of--way via an easement. Residents of apartments or other renters are included in this group if they live in a property that abuts aright-of- way. • The Planning Commission is not required to review or comment on requests for right-of--way vacations, and has therefore not reviewed or commented on this proposed ordinance revision. • City Code states that "The council may by ordinance vacate a street, alley, public grounds, or a part thereof, on its own motion or upon the petition of the owners of half of the land abutting on the street, alley, public grounds, or part thereof to be vacated." For vacation requests initiated by a petition of abutting property owners, staff uses Hennepin County property records to determine if the required percentage of property owners have signed the petition before bringing the request to the City Council. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed and approved the attached ordinance amendment. • Four votes are required to approve this recommended amendment. The hearing and second reading were continued from the March 11, 2003 Council meeting. • 60-DAY RULE: There is no 60 day `clock' on this recommended ordinance revision. III. ALTERNATIVE RECOMMENDATION(S~ • Reject the recommendation to amend Richfield City Code Section 820.05. IV. ATTACHMENTS • Ordinance Amendment V. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A BILL NO. AMENDMENT TO RICHFIELD CITY CODE SECTION 820.05 THE CITY OF RICHFIELD DOES ORDAIN: as follows: Section 820.05 of the City Code for the City of Richfield is amended to read 820.05 Receipt of petition: notice of hearing, The council shall by resolution acknowledge receipt of any petition. The council shall also set the date for a public hearing on any proposed street vacation. No vacation may be made unless it appears in the interest of the public to do so ~stise-ate. Not less than 10 days prior to the public hearing, a notice shall be published once in the official newspaper and sent by mail to the owners and residents. For the purpose of giving mailed notice, the zoning administrator may use any appropriate records to determine the names and addresses of owners and residents. The failure to give mailed notice to individual property owners and residents, or defects in the mailed notice, will not invalidate the proceedings. Passed by the City Council of the City of Richfield, Minnesota this 25th day of March, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MARCH 25, 2003 PUBLIC HEARINGS 10 77 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ca' n 0 . I_I ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of the attached transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. (Continued from March 11, 2003) ~~ I. RECOMMENDED ACTION: ~~ Conduct and close the public hearing. and by motion: Approve second reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. (Continued from March 11, 2003 II. BACKGROUND • At the December 10, 2002 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to City recreation capital improvements in 2003 Finally, the 2002 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including, municipal state aid, user fees, federal grants and state. grants, however, authorization by ordinance is not required for these expenditures. At the February 11, 2003 City Council meeting, the first reading of a transitory ordinance to use Special Revenue Funds conducted and the public hearing and second reading scheduled for March 11, 2003. One use of the Special Revenue Funds was $100,000 for major park capital maintenance items, specifically, a new 0325TransitoryOrd roof for a park building at Taft Park, netting at Roosevelt Park and a new playfeature at Richfield Lake. Park. • At the March 11, 2003 City Council meeting, the public hearing was opened and continued to the March 25, 2003 City Council meeting. • The Council also scheduled, at the March 20, 2003 Special City Council Worksession, discussion of deferring the use of the Special Revenue Funds for the park projects, and instead use the money toward the City Hall building and the maintenance items that are in need of being addressed. Also of high concern is the City's compliance with ADA requirements. III. BASIS OF RECOMMENDATION A. POLICY • City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds for capital improvements must be authorized by ordinance. • This process provides for public input through a public hearing. B. CRITICAL ISSUES • Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 2003 so that capital projects can be initiated on a timely basis, completed and funds expended. This needs to be completed promptly so payments can be made for projects authorized. C. FINANCIAL • While the total 2003 Capital Improvements Budget (CIB) includes total budgeted expenditures of $18,073,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $500,000 as shown below: Park Maintenance 100,000 Community Center Renovation 85,000 Wood Lake Roof 45,000 Wood Lake Fence 15,500 Lincoln Field 3,600 Outdoor Pool Renovation 250,900 The source of Special Revenue funds are municipal liquor profits. Due to the severity of repairs needed on the City Hall building (roof, ceilings, elevator, mold control), staff is requesting that all but $1,500 of the Park Maintenance category be used to help pay for the repairs at City Hall. The result of this transaction will mean that the playfeature at Richfield Lake will not be replaced nor will the roof at the Taft Park building. The netting at Roosevelt Park will be installed this year, as planned. D. LEGAL • First reading of the ordinance was approved at the February 11, 2003 City Council meeting and a notice of public hearing was published on February 27, 2003. • The March 11, 2003 public hearing was continued to the March 25, 2003 City Council meeting. It was not required to re-publish the hearing date because the public hearing was continued to a date certain. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could postpone the second reading of the transitory ordinance to a future City Council meeting. • The City Council could decide to revise, eliminate or allocate only a portion of the expenditures identified from the Special Revenue Fund in the CIB. V. ATTACHIVIENTS • An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. • A listing of major repairs and maintenance items needed at City Hall. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance 100,000 Community Center Renovation 85,000 Wood Lake Roof - 45,000 Wood Lake Fence ' 15,500 Lincoln Field 3,600 Outdoor Pool Renovation 250,900 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action': Passed by the City Council of the City of Richfield this 25th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk _---- BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Park Maintenance $ 1,500 Community Center Renovation 85,000 Wood Lake Roof 45,000 Outdoor Pool Renovation 214,000 City Hall Repair/Maintenance 154,500 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this 25th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 2003 CITY HALL REPAIRS Heating & cooling Plant Improvements City Hall/Public Safety: Contract Sum $259,000 Engineering $20,000 Asbestos Abatement $11,000 Contingency $20,000 $310.000 City Hall Elevator -bring up to code $7,000 Repair Roof $3,000 City Hall Female Fire Dorm -Correct H.V.A.C. $5,000 Repair I.T. Air Conditioner $2,000 2004 CITY HALL REPAIRS City Hall Roof -Repair or Replace up to $300,000 Replace stained & worn out carpet: Police $20,000 Administration $15,000 License $5,000 $40,000 BEYOND 2004 CITY HALL REPAIRS ADA compliance projects (new elevator in front entry) approx. $50,000 Council chambers remodel $40,000 Front Lobby Remodel Remodel Bathroom (new tile) Kitchen cabinets for Fire Station I & II Remove installation (some asbestos) and re-insulate pipe In the ceilings which sweat and drip throughout City Hall Replace boiler/air handling coil Fire Station II $40,000 $40,000 $20,000 $30,000 $40,000 1 r E73:17/lb'~3 1=~ ~ p1Lti017-t51 ._.... .. .. r. _ . I .. ..... ~.~ Mardt i 7. ZtM3 _.. ~ , ~ .~,r,.- ~ _ _ -- ~" aS 9eh lrlMt Sv~M t. Mr~r1UM70p• MN Si'i7-,,~s vtr ~Po seas wJ.~rV J.l`•~ t'AX ~ ~/ rgliNa~rr rtwl Irn.rf•i•lAper ~rtArttttfr•r tu~t~rtrnr ~/ Mr. Randy Hugba t;.~ty of Riel>;Geld 6700 Portland A~roctuc South Ri~;itfield, iNinr-esau SSa23-2560 Rfi: City Na1t Koof city OlRichs teid Kithfieid, MN 17Nr Mr. ~t8~ _ - --- --- Loose-Laid, iBttUalted 8ietpa-ply ~YDM {rubber rite+t of roof a rem is gat>arally tits last ~ps~ive to ioataN but has a ~~ ~ ~ 'xFte insulation and roof tnembranc era loose-laid (no shorter tip expect a-tj over the roof deck and held itt pGtee with rock bslla:z. It raec3tadlcal attach pun opinion oCthe estimated cast Is S4 to ~ an e~+ected life of 12 w l3 years. K, pslr pwre foot. • Fupr Adhered Siail~Ply EPDM System In tAb systr~ the underlying insutathc ~ m~ top layer a f insulation. rT #is ~ • =nd the F3'DM membrane is fully as . fain' OPA~nuaw tm~'~fe' Sl+~ca• IOCitt~ tArJYpAlYt ~ht U/pft Al1~M~/t ihv ; hr r.: tNM oaf an Inc IN M{17n 1tLa ~ot~' ,nd ~dlM~t ]~!Y••. ~~ a CWSpr}r rewew Of tha City Hsll roof on Short Elliott [iendrickson (SII-i) p~ i`iar~b Z 1.2000. This rovisn wa8 psrforrned to a~ses+ the current oa~ditioa of tM toot air and rac~nl{• and w maka reeornmerdations regardiag roof rtp -ato ed root was npoatvd to be at kaat twenty yws ob• The roof "lire posting flat (loa p ~ a,ysteen is s griwl sur!>.cerl, ssphah builttaR retanbane O~ rigid inaelaitvr-. tertced Det{cie~rtcies were ebaerved sndt~tQ ~ i°v°e~d ~td~'t s poseib a tha rwd i~i ~~ is splitting. Numerous kaka hate ~ a~~ Based op ~~ y~ and cotttiition of the roof. and ire history of Isakage, it is twr recomatendstlon that ra-rooilrts should be performed a soon sa funds t:an ba budgeted Thee are a at<cnbea' of roof systems ava'slable and ea yeas itdad~1y w jt~ A tow initial diad~antagtes. Coat and expected scrvioe life are R~ atione of its pec!'ormlanct: must be factarod iq• wet tatay bs x htgb prioriry but the expect life u slant u finlDen y~ or as fong as forty scti-rs. ROOF eystetra cart Nava sa expected a roof system. The fong-tstm ourpoas of the hctlttY should be coostdered whoa chooang of roof aysterns that Ski utwally apaafaa. A brief des~puon of There ars thrv~ types aact+ syatrtn and our opinion of the estimated wet aro as follows: ~Jjily/2bd3 1F: 27 612db1y"~>'1 Ricttlitld City Ita1i Roof March 17, 2083 Page 2 C.1 1 Y ~' Klla-IF 1tLL~ PACE 03 life sof 28 tv 20 yetr~~0ur ognio oflestimatt;d cat is ss7 P~ ~~~ • Aspbfslt asittrUp ~-etea A prapealy daaigned and itutaited aaphatt t-uitt-up root tystan has historically hose the moat dvnbk and tan bat s, long as d0 years vritA minimal cooties mainteeaaee. Oue opinion of estimated soft is t t0 to 512 per squaro boor. SEH uauetly recgamiettdr tn:taAiag dtha a fully adherod wyilaply o; a~a~~ r~ - up eyaNtrt. 8 war tepas'ted bo w that the City Ha11 building bits sppraa Y guess feet vfreof area. ?be boilowiog are estimated teas and fwa that can be usod tcx budgeting purpwaa: Fully Adhered Si~1e-Ply Syue~a' 5205,000 Asphalt Bvilt-Up System: 5297.000 Construction Co~tiasency S13,OOa )`ngiaevriesgFees(tltrtebidawsrd) Si6,000 Total Project Badgac: 5236,000 to 53'1,8,000 Rsplaeerneat of a roof system is s large capita! investment and can be diarupt;ve to tl,e aperatiorv within the building. Ua[orwttstelr, rode dv rw1 leaf forever arod must evgttwtly bs raphcttd. A properly derigned end inetalied coo[ system should provide servke !br many years Biwa regular, perivdia Inspections aad routino maintenance. No rooisy0tem wilt perforn~ to its Intended Pita without iegeetar maintena~~ i hope this will be of assinanta is your plaaMng and budgeting Pkaae ulI me at ___ ._ _ _ 5.0'L376.S888 ifyou_luve_any queaiwns or raced tbrthe+r assistance. Cdrdiait}', Steve Rot+inson, P.E. . ; ,~ AGENDA SECTION: pIIBLIC HEARINGS AGENDA ITEM # 9 REPORT # ]( J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR Nanrc, TIT/ E COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolution requesting a conditional use permit to allow the Richfield-Bloomington Credit Union to provide drive-up window teller service at 345 77th Street East. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Adopt the attached resolution approving the conditional use permit to allow the Richfield-Bloomington Credit Union to provide drive-up window teller service at 345 77th Street East. II. BACKGROUND The Richfield-Bloomington Credit Union is expanding their existing one-story building at 345 77th Street East by adding a second story. Currently, drive-up window teller service is provided. Richfield Zoning Code section 526.27, Subdivision 6 requires any use which provides drive-up window or teller service to obtain a conditional use permit (CUP). When the existing one-story building was built in the early 1990's, no conditional use permit was obtained. The current expansion of the building triggers the requirement to obtain the CUP. 0325-C U P-345-E77th.doc III. BASIS OF RECOMMENDATION A. POLICY Any use, which provides drive-up window or teller service, is a conditional use in the C-2 district. The findings necessary to issue a CUP a) (546.05, subd. 6) are as follows: The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for `Regional Commercial and Office' at this location, which is consistent with a financial services institution such as the Credit Union that serves the b) Richfield and Bloomington areas. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans c) for this area. The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site and proposed use have been reviewed by City staff and meet the performance standards specified in Section 541. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. Parking for the proposed expansion has been provided at a surface parking lot across Fourth Avenue from the Credit Union. This parking area was approved by the City Council in 2002 and will provide the e) parking needed for the expansion. The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. f) There is a public need for such use at the proposed location. The proposed continued use as a Credit Union provides a necessary financial service to the community. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, as explained below. Uses which provide drive-up window or teller services are conditional uses in the C-2 district, as specified in Section 526.27, Subdivision 6 of the zoning code. This section of the zoning code specifies four requirements for a CUP to be issued for any use with such drive-up window or teller service. The Credit Union meets three of the requirements,. and one of the requirements does not apply in this situation, as follows: A buffer yard of 20 feet in width must be provided to separate drive- up facilities and related queuing areas from any lot line. This requirement is met. Queuing space for at least four vehicles (70 feet) must be provided per drive-up service lane. This requirement is also met. `Alcoholic beverages shall not be served'. This requirement does not apply to this application. Exterior speakers must comply with City standards. This requirement is met with space for about six vehicles. B. CRITICAL ISSUES The site provides adequate parking for the proposed expansion. A surface parking lot with 22 spaces was recently constructed across Fourth Avenue from the Credit Union, and 32 spaces exist on-site, for a total of 64 spaces. The expanded building will have 8,880 square feet of office space. City standards require one stall for every 250 square feet of office space, for a minimum requirement of 36 stalls. The site has been used by the Credit Union for financial-services since the early 1990s without complaint or incident. C. FINANCIAL N/A D. LEGAL • 60-DAY RULE: The 60 day clock `started' when complete application was received on February 18, 2003. A decision must be given to the applicant by April 19, 2003 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a decision. Zoning: C-2, General Commercial Land Use: Former: Financial services-credit union Proposed: Same Comprehensive Plan: Regional Commercial and Office Notification: Neighbors and property-owners within 350 feet Other Actions: Planning Commission: Recommended approval on February 24, 2003 HRA: N/A Hearing Examiner: N/A Stipulations of Approval: • That the recipient of this CUP record the resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. IV. ALTERNATIVE RECOMMENDATION(S~ Deny the requested CUP to allow drive-up window and teller service at 345 East 77th Street. V. ATTACHMENTS • City Council Resolution • Site Plan • Elevation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Applicant: Mr. Larry Klement, Richfield-Bloomington Credit Union. RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR DRIVE-UP WINDOW AND TELLER SERVICE AT 345 77TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit (CUP) or drive-up window and teller service on land generally located at 345 77th Street East, legally described as: .Parcel One. All of that part of Lot 1, Section 34, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing at a point in the West line of Ranft Addition, 462 feet North of the Southwest corner of said plat; thence West on aline parallel to the South line of said lot 1, a distance of 408.65 feet, thence North at right angles to said parallel line a distance of 128 feet; thence at right angles East to the extension northerly of the West line of Ranft's Addition; thence South along said extended line to the point of beginning, except that part lying East of the Southerly extension of the West line of Fourth Avenue South. Parcel Two. That part of the South 'h of the Southeast'/4 of the Southeast'/4 of Section 34, Township 28, Range 24, Hennepin County, Minnesota lying north of the south 590 feet thereof and lying West of the Southerly extension of the West line of Fourth Avenue South and lying Easterly of a line drawn at right angles from a point on the North line of the South 590 feet thereof a distant 425.65 feet West of the Northerly extension of the West line of Ranft's Addition. Parcel Three. Commencing at a point 408.65 feet West of the Southwest corner of Ranft's Addition, Hennepin County, Minnesota; thence 462.00 feet North to the point of beginning; thence West along a line parallel with the South line of Government Lot 1, a distance of 17.4 feet; thence North at right angles to said parallel line a distance of 128.00 feet; thence East at right angles a distance of 17.4 feet; thence South to the point of beginning. Subject to power line easement in favor of Northern State Power Company recorded in Book 1980 of Deeds, page 195, as to Parcel 2. Also subject to an easement for the 77th Street as described in deed document number 3023934, Office of the Registrar of Deeds as referred to in deed document number 528267, Files of the Registrar of Titles, as to Parcel 2. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 345 East 77th Street at its February 24, 2003 meeting, and WHEREAS, this requested conditional use permit at 345 East 77th Street meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning Code, section 546.05, subd.6, and WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for drive-up window and teller service, as described in Staff Report No. , on the Subject Property legally described above. 2. This conditional use permit at 345 East 77th Street is subject to the following conditions in addition to those specified in Section 526.27 Subdivision 6 of the City's zoning code: • That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota Statutes section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 25th day of March, 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk \ / c i 0 I 1 I I I I I N N N N O N O ' W I O ' I ~~~ ~~d~ n :..~ ~x F m .a mmm~m A ~ac~s< ~ = A a n W ~^1 0 0 ~"W- 3 ~ m m ?:v?.O N m m '9 rn O~ ". O ~ .~~~'m3z -t ~- Dv n a ~ 'v ~ 7CCZ_ 0 o ~~Q. Z ~ rn Z~ v ~ H Z ~ ~ ~~ D N -. ~ Q ~ - ~ _ 3 w ~ (D ~ ~ C 0 ~ ~' CD (Q ~ a a . n (Q CQ~ (D 0 IVIJ~Q 3 -D` ~ wwZQ- \ ~o ~o cn cn ~ ~tViio~ N N ~ ~ ~~ ~c a~~~`^' ~ N~c^h,~ N~ao~ U ~Zt~ic*~ ~ ~ ~ ~ ~ ~ 0 O / ~ ~ ~ C ~ ~n 4? . - Y r ZZ~ ~ 0 Q W Q p W WC9ZQ Z~ ZI ' i Y F W Un4Q ~ N Z ~~ W ~E ffi m !u~~ o MffioF~d ~~~~ gm°gm °m=°~ p=~°mm ~ ~ 1'~ M Q AGENDA SECTION: AGENDA ITEM # REPORT # r REPORT PREPARED BY: COUNCIL PRESENTER: STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 MICHELLE LEWIS EIIBLIC HEARINGS 8 75 COMMUNITY DEVELOPMENT TECHNICIAN NAME, TITLL DEPARTMENT DIRECTOR REVIEW: ~~ REVIEWED BY CITY MANAGER: ITEM FOR COLTNC~L CONSIDERATION: Public hearing and second reading of an ordinance authorizing the sale of the property at 6309 Bryant Avenue South to the Housing and Redevelopment Authority for single family new construction. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve the second reading of the attached transitory ordinance authorizing the sale of city-owned property at 6309 Bryant Avenue South to the Housing and Redevelopment Authority for single family new construction. II. BACKGROUND • The first transitory ordinance reading to authorize the sale of 6309 Bryant Avenue South to the Richfield Housing and Redevelopment Authority (HRA) was February 25, 2003. • Community Development Block Grant (CDBG) funds will be used to acquire the property. The property purchase is expected by early April 2003: • Purchase price: $120,000 (based on professional independent appraisal). • The transitory ordinance allows the City to transfer the property to the HRA for $1.00 on or after May 2, 2003, based on a 30-day wait after the ordinance has been published. The purchase and transfer process (City to HRA) is used 0325-63096ryant.doc to fully leverage the CDBG funding so that repayment of federal funds is minimized. • Staff is working with Twin Cities Habitat for Humanity (TCHFH) to develop a house plan for the site. • The developer will cover construction costs; no City general funds will be used. • The property would be-sold to an income-qualifying, first-time home buying family. Typically, a family of four would have a maximum income of less than $32,000 to meet the income requirement. • Construction is expected to begin in early summer 2003. III. BASIS OF RECOMMENDATION A. POLICY • On February 25, 2003 the City Council authorized the acquisition of 6309 Bryant Avenue for conveyance to the HRA. • On February 18, 2003 the HRA authorized staff to acquire the property. • City-owned property requires a public hearing and the adoption of a transitory ordinance to effectuate a sale. B. CRITICAL ISSUES • TCHFH has built seven other houses in Richfield, and they have been well received in the neighborhoods where built. • A vacant and very small house with limited remodeling potential and in need of substantial improvements would be replaced with a newly constructed three to four bedroom house for a family to buy. • The sale price was determined by professional appraisal. Additional background information about the appraisal. work is included as an attachment. C. FINANCIAL • $90,000 in CDBG funds is available and TCHFH would contribute $30,000 in HOME funds for acquisition of the property, which was appraised at $120,000. • TCHFH would cover construction costs. • No City general funds would be used for redevelopment. D. LEGAL • Notice of public hearing was published in the Sun Current on March 13, 2003. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not conduct the second reading of the ordinance. V. ATTACHMENTS \ • Transitory Ordinance • Background information on the determination of value at 6309 Bryant Avenue. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY-OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA (6309 BRYANT AVENUE SOUTH) The City of Richfield Does Ordain: Section 1. The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City as herein provided: Lot 11, Block 2, Ray's Lynnhurst 2nd Addition, and having the street address of 6309 Bryant Avenue South, Richfield, Minnesota Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this 25th day of March 2003 by the Richfield City Council. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk Background on the Determination of Value for 6309 Bryant Avenue BCL Appraisals conducted the appraisal, which was the basis of value for the purchase price. BCL has been appraising properties in Richfield for the City and HRA for approximately 15 years. Their services include residential and income properties; raw land and condemnation appraisals; and review appraisals. A partial list of other BCL clients includes mortgage lenders, banks and title companies, such as: U.S. Bank ` Chase Manhattan of MN Fannie Mae North .Star Title Burnet Home Loans GMAC Mortgage Corp. Wells Fargo Bank TCF Mortgage .Hennepin County Probate City of Bloomington • Appraisers use three forms of value analysis: the cost approach, sales comparison approach, and income approach. The sales comparison approach uses comparable sales within a locality to determine a property's market value. The cost approach determines the property's value based on the costs to replace the same dwelling today. The income approach is .used for rental property. • The sales comparison approach provides the most reliable indicator of value and is the one most relied upon in the resolution of disputed cases. • The comparable properties in the report were within atwo-mile radius of the property, and were all open market sales with no public agency involvement. All were single level homes, and reasonable adjustments, typical for appraisal work, were made for any differences between properties. However, in each instance, the comparable homes were below the average Richfield sale price. • The sales comparison approach yielded a range of value for the comparables from $118,500 to $135,700. The value for 6309 Bryant Avenue is on the low end of that at $120,000. This was the appraiser's final opinion of the property's value. • BCL Appraisals uses the Marshall and Swift Cost Guide, a standard in the appraisal industry, for obtaining initial cost figures for the cost approach. Using this method, the price per square foot used to determine the value for 6309 Bryant Avenue ($175/s.f.) yielded a value of $121,600 which validates the sales comparison approach to value of $120,000. (The cost approach is secondary to the sales comparison approach.) • Parsley Builders, a Richfield general contractor, estimates that $175/s.f. would provide a very average level of finish. A Richfield Rediscovered home would exceed $200/s.f. A "Parade Home" level of finish would be closer to $250/s.f. • During 2002, overall residential property values- increased by 13.3 percent. The average sale price for a single family home was $180,900 according to Hennepin County, and $182,800 according to the Minneapolis Area Association of Realtors. Given these figures, the value of 6309 Bryant Avenue is only 66 percent of the 2002 average value in the community. • The appraisal provided a fair and reasonable opinion of value. The City and the HRA are required to offer fair market value to all homeowners selling their property. • The property is located north of Richfield Lake. When the Lakes at Lyndale Master Plan was developed, the Council expressed concern regarding investment in that residential area, and encouraged upgrading. The development of the Bryant property would allow the removal of a 522 s.f. house, and the construction of a new, larger replacement home. AGENDA SECTION: CONSENT AGENDA ITEM # 6H REPORT # 7LF D STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, ADMINISTRATNE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~O SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Galyan's for an itinerant place of amusement license for the Galyan's Road to Adventure event scheduled to take place on May 30, 2003 at 1700 West 78th Street. I. RECOMMENDED ACTION: By Motion: Approve the request by Galyan's for an itinerant place of amusement license for the Galyan's Road to Adventure event scheduled to take place on Mav 30, 2003 at 1700 West 78th Street. II. BACKGROUND On February 27, 2003, Galyan's applied for an itinerant place of amusement license for the activities scheduled to take place in the parking lot at 1700 West 78t" Street, from 9:30 a.m. to 9:30 p.m., on Friday, May 30, 2003. The Galyan's Road to Adventure event is a national tour stopping at 19 of their stores this summer. On May 30, 2003, the tour stops at the Richfield Galyan's store. The event will feature canoe/kayak displays and demonstrations, acamping exhibit, an in-line skating exhibit, GPS (Global Positioning System) exhibit, and a few other similar outdoor-related exhibits. Galyan's will also be utilizing the pond that is mutual to Galyan's and Fountainhead Apartments for the canoe/kayak 0325 Galyan's Itinerant Amusement demonstrations. Galyan's has received permission from Fountainhead to utilize the pond. The applicant has supplied a preliminary floor plan detailing how the event will be laid out. This floor plan has been reviewed and approved by the Richfield Zoning Administrator. There will be no food concessions at this event. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process. B. CRITICAL ISSUES • The applicant has received permission from Fountainhead Apartments to utilize the shared pond for the canoe/kayak demonstration. • The applicant has received approval from the Zoning Administrator to utilize the parking lot area of 1700 West 78t" Street. • The applicant will provide Fountainhead a Certificate of Additional Insured listing fountainhead Apartments as additional insured for the event. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request by Galyan's for an itinerant place of amusement license for the Galyan's Road to Adventure event. This would result in the applicant not being able to conduct activities on May 30, 2003. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Art Johnson, Manager AGENDA SECTION: CONSENT AGENDA ITEM # 6G REPORT # 73 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JIM OLSON, PROJECT ENGINEER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration to authorize Staff to solicit requests for proposals (RFPs) for professional engineering services for the design of a new Lyndale Avenue Bridge at I-494. I. RECOMMENDED ACTION: By Motion: Authorize Staff to solicit requests for proposals (RFPs) for professional engineering services for the design of a new Lyndale Avenue Bridge over I-494. III. BACKGROUND ~ As part of the 77th Street Reconstruction Project, the City proposes to design and construct a new Lyndale Avenue Bridge at I-494. It will look similar to the new Penn Avenue Bridge. The City had previously authorized professional engineering services to design the Lyndale Avenue Bridge but this work was suspended in May 2000. Instead, the City redirected its efforts towards the design and construction of the Penn Avenue Bridge as a result of the Best Buy Development. With the successful completion of the Penn Avenue Bridge, the City is once again ready to proceed with the design of anew Lyndale Avenue Bridge over I-494. 0325LyndaleBridgeRFP The City has secured sufficient Federal highway funds to complete the design work for the bridge. The City will be able to pay 80% of the design costs using Federal funds and the remaining 20% will be provided using Municipal State Aid Funds (Gas tax monies) or other local funds. The City has a preliminary cost estimate for the design services at $2.0 million. Construction of the bridge could begin as early as 2005. III. BASIS OF RECOMMENDATION A. POLICY • The reconstruction of I-494 including the Lyndale Avenue Bridge has been identified as a priority of the City's Comprehensive Plan. • The Lyndale Avenue Bridge over I-494 is inadequate to handle existing and projected traffic volumes and needs to be replaced. B. CRITICAL ISSUES • Completing the necessary design work for the Lyndale Avenue Bridge will put the City in a good position to advance the construction of the bridge. C. FINANCIAL • The estimated cost of the Lyndale Avenue Bridge design is $2,000,000. It is anticipated that 80% (up to $1,600,000) of the cost is to be paid from federal funds made available by the Federal Highway Administration. The remaining 20% (up to $400,000) will be paid by the City's Municipal State Aid (gas tax) account or other local funds. • The construction of the Lyndale Avenue Bridge is estimated to cost $25,000,000. Additional federal funding will be needed before construction can begin in 2005. D. LEGAL • Federally funded transportation projects require solicitation of proposals for engineering services. IV. ALTERNATIVE RECOMMENDATION(S~ • Delay the design work for the new Lyndale Avenue Bridge until all of the necessary funds can be secured to design and construct the bridge. However, this could delay an early start to the construction of a new bridge, thus potentially increasing costs for right of way acquisition and construction. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSEN'P AGENDA ITEM # 6F REPORT # ~ ~ STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 BRUCE NORDQUIST, REPORT PREPARED BY: HOUSING AND REDEVELOPMENT MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: '~ REVIEWED BY CITY MANAGER: ~Y ITEM FOR COUNCIL CONSIDERATION: Consent by City of Richfield to the Termination of Open-Space Covenants and Easements by Lake Shore Drive Condominium owners within the City Bella project. L RECOMMENDED ACTION: By Motion: Authorize the Mayor and City Clerk to execute the attached Consent of Termination of Declaration of Open-Space Covenants and Easements for Lot 17, Block 3, "Fairwood Shores", within the City Bella project. III. BACKGROUND Lake Shore Drive Condominium was completed in the early 1980's. The attached map shows the location of Lot 17. Lot 17 was combined with the Condominium as additional open space in 1986 to ensure that this lot between two single-family homes would be maintained for the near term until comprehensively developed with the adjoining parcels at a future time. (Lot 17 was not utilized to help meet zoning requirements for the Lake Shore Drive Condominiums during the review and approval process.) The approved project, City Bella, proposes townhomes for Lot 17 and adjacent lots. 032503Lake Shore Drive Condo III. BASIS OF RECOMMENDATION A. POLICY • The. City of Richfield must consent to any amended, terminated, or released Declaration. B. CRITICAL ISSUES • Legal Counsel for the Condominium has received an executed Termination of Open-Space Covenants and Easements for Lot 17 from the membership of the Condominium. • The townhome portion of the City Bella project could not proceed and the developer could not acquire all project property without terminating the Declaration of Open-Space Covenants and Easements. C. FINANCIAL • The cost of preparation of documents is covered by the Lake Shore Drive Condominium. The developer, Gramercy Corporation, is reimbursing costs and compensating the Condominium for the acquisition of Lot 17. D. LEGAL • Documents were prepared by the attorney for the Lake Shore Drive Condominium. IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could chose to not provide consent. However, the City Bella project has been approved and consent is consistent with the project. The Condominium has approved the termination of requirements. V. ATTACHMENTS • Termination and Consent documents • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A TERMINATION OF DECLARATION OF OPEN-SPACE COVENANTS AND EASEMENTS THIS TERMINATION OF DECLARATION OF OPEN-SPACE COVENANTS AND EASEMENTS is granted effective this 6th day of March, 2003, by Lake Shore Drive Condominium Association, a Minnesota non-profit corporation (the "Association"). Preliminary Statement of Facts The Association created anopen-space property use restriction and easement in that certain Declaration of Open-Space Covenants and Easements dated October 4, 1986 and filed in the office of the Hennepin County Registrar of Titles on October 6, 1986 as Document No. 1762061 (the "Declaration") covering the real estate legally described in the attached Exhibit A. The Association has determined that it no longer requires the Declaration and is willing to terminate and release all right, title and interest in the Declaration. NOW THEREFORE, in consideration of the sum of One Dollar and other good and valuable consideration, the Association does hereby terminate and release that certain Declaration filed in the office of the Hennepin County Registrar of Titles on October 6, 1986 as Document No. 1762061. Doc# 1728314\1 IN WITNESS WHEREOF, the Association has executed this Termination of Declaration of Open-Space Covenants and Easements in its corporate name by its proper officer this 6~' day of March, 2003. Lake Shore Drive Condominium Association, a Minnesota non-profit corporation By: Frederick J. Moore Its: President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before this 6~' day of March, 2003, by Frederick J. Moore the President of Lake Shore Drive Condominium Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public This instrument was drafted by: Lindquist & Vennum P.L.L.P. (JPS) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 ph: (612) 371-3211 Doc# 1728314\1 EXHIBIT A Legal Description Lot 17, Block 3, Fairwood Shores, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Doc# 1728314\i CONSENT The undersigned does hereby consent to the making and filing of the foregoing Termination of Declaration of Open-Space Covenants and Easements in the office of the Hennepin County Registrar of Titles on Certificate of Title No. 684656, as required pursuant to Section No. 3 of the Declaration of Open-Space Covenants and Easements dated October 4, 1986 and filed in the office of the Hennepin County Registrar of Titles on October 6, 1986 as Document No. 1762061. City of Richfield, a Minnesota municipal corporation By: Its: Mayor By: Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) In testimony thereof, the undersigned has hereto executed this instrument this 2003. The foregoing instrument was acknowledged before me this _ day of 2003, by and ,the Mayor and City Clerk, of the City of Richfield, a Minnesota municipal corporation, on behalf of the corporation. Notary Public day of Doc# 1728314\1 \~ J m~ ~~b~~ 'W~ U 1~,~~~ ~~ G ~~ AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 CONSENT 6E 71 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ { SIGN TUBE REVIEWED BY CITY MANAGER: ,1,~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an amendment to Section 1200 of the City Code allowing for the sale and consum tion of li uor at the Richfield Communi Center. I. RECOMMENDED ACTION: By Motion: Conduct first reading of the attached amendment to Section 1200 of the City Code allowing the sale and consumption of liquor at the Richfield Community Center and schedule second readina for Aaril 22, 2003. III. BACKGROUND I In an effort to expand rental potential of the Richfield Community Center, staff is recommending an addendum to the City's liquor-use ordinance that would allow for the sale and consumption of liquor at the Community Center. By permitting a licensed on-sale liquor provider to serve liquor at the Center, staff could effectively market the facility to a new base of users, including wedding, birthday and anniversary parties and other receptions. III. BASIS OF RECOMMENDATION A. POLICY • On-sale liquor providers in Richfield and adjacent cities would apply for a Public Premises On-Sale Liquor Permit. Upon receipt of the 0325 liquor permit application, staff will investigate license, dram insurance, and past violations. The permit would not be granted if the licensee committed a violation m the past year. Customers would then contract directly with one of the licensed on- sale providers. • Depending on the size of an event, a police officer or officers would be required to supervise. The event sponsor funds the cost of the officer(s). • On-sale liquor providers would pay an annual application fee, as well as a per-event fee. This fee structure will be included in an amendment to the City License, Permit and Miscellaneous Fee Resolution at a later date. For Richfield on-sale liquor providers, the application fee will be approximately $150 and the per-event fee will be approximately $50. B. CRITICAL ISSUES At their regular meeting on November 14, 2000, the Community Services Commission voted unanimously to recommend approval of the ordinance amendment. • Staff has also discussed the amendment with the Advisory Board of Health and the Community Center Inter-Council. C. FINANCIAL Making liquor available to rental groups at the Community Center will greatly stimulate rental of the facility and generate new revenue streams for the Community Center. Licensed on-sale liquor providers would be charged an annual permit fee and aper-event fee. D. LEGAL • This policy is structured to protect the City by requiring liquor to be served by trained and licensed providers who have given proof of adequate dram insurance and supervision by a police officer for larger events. IV. ALTERNATIVE RECOMMENDATION(S) ~ Do not conduct the first reading of the liquor ordinance amendment. • Conduct the first reading, but do not schedule the second reading at this time. V. ATTACHMENTS • Amendment to Section 1200 of the City Code. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. BILL NO. AN ORDINANCE AMENDING SECTION 1200 OF THE RICHFIELD CITY CODE; ADDING A NEW SUBSECTION TO ALLOW THE SALE OF INTOXICATING LIQUOR AT THE RICHFIELD COMMUNITY CENTER BY PERMIT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 1200 of the Richfield City Code is amended by adding a new subsection as follows: 1200.22. Public Premises On-Sale Permit. Subdivision 1. Public Premises Permit. The city council may issue to the holder of an on-sale intoxicating liquor license issued by the city or a municipality adjacent to the city, a permit to allow the dispensing of intoxicating liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of the Richfield Community Center. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. Subd. 2. Application process. Applicants for a public premises permit shall be subject to the following process: (a) Annual application. Applicants for a public premises permit must apply annually to the city for a permit on a form provided by the city. The application must identify the applicant, include information concerning and a copy of the applicant's existing on-sale intoxicating liquor license, and must contain a permit fee as established in appendix D. (b) No hearing required. No public hearing is required for the granting of an public premises on-sale permit. (c) Application approval. The city council may approve the application if it determines that the applicant has a duly issued on-sale intoxicating liquor license issued by the city or an adjacent municipality and if it further determines that the applicant has committed no violations of municipal ordinances regarding the applicant's on-sale intoxicating liquor license in the past six months. (d) Duration. A permit granted under this section expires on December 31 of the year in which it is issued. (e) Automatic suspension or revocation. The permit granted under this subsection is subordinate to and dependent upon the applicant having a valid on-sale intoxicating liquor license issued by the city or by an adjacent municipality. If the applicant's existing license is suspended or revoked for any reason, the permit granted under this subsection shall be automatically suspended for a similar duration or revoked, without the necessity of any independent hearing or action by the city council. Subd. 3. Other conditions. In addition to requirements otherwise set forth in this section, licensees shall be subject to the following conditions: (a) Event fees. In addition to the annual permit fee required at subdivision 2 of this subsection, a licensee shall pay aper- event fee at least 24 hours prior to the event. The per-event fee is fixed in appendix D. (b) Minnesota products. Any permittee that sells beer must make provision for the sale of at least one Minnesota-produced beer at each station on the premises where beer is being sold. (c) Events; special conditions. Whenever the city council determines that a specific event for which the licensee will be providing on-sale intoxicating requires special or unique conditions, the city council may impose such conditions and the permittee must abide by such conditions. Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this day of , 2003 Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6D REPORT # 7(1 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: GEORGE L. ATKINSON, ENGINEERING SUPERVISOR NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~~~ SIGNAT REVIEWED BY CITY MANAGER: ~ p _ ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the attached transitory ordinance reallocating $14,342.61 from the Pleasant Avenue Bike Trail Se ments ro'ect to the Micro- lane 76th Street ro'ect. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached transitory ordinance terminating City Project 47050, Pleasant Avenue Bike Trail Segments and reallocating the remaining funds in the amount of $14,342.61 to City Project 40025, Micro-plane 76th Street and schedule the public hearing and second reading for April 22, 2003. II. BACKGROUND Several years ago a resident task force was created to decide the future configuration of 76th Street. After considerable study the Task Force recommended that the street be reconfigured to provide only one lane in each direction for motorized vehicles while the two outer lanes be dedicated to bicycle usage. The City Council last year approved Transitory Ordinance No. 18.13 allocating $15,000 for the Pleasant Avenue Bike Trail Segments project. When an application for a state trail grant was rejected, the project was terminated leaving a balance of $14,342.61 in unspent funds. 0325micro-plane76th Staff is requesting that Council approve the attached transitory ordinance transferring those unused funds to repair 76th Street from Emerson Avenue to Lyndale Avenue by micro-planing the concrete panels and striping the street to create a bike lane in the outer lane of both sides of the street. This would be a low- cost demonstration to see if the community accepts on-street bike lanes on 76th Street. If unsuccessful, the road could easily be re-striped for four traffic lanes. The concrete pavement panels on 76th Street have moved over the years creating a 1" to 1 1/2" vertical drop between panels (See attached photo.) This produces an uneven surface that causes athump-thump-thump sound as you drive over it. Staff proposes to finance the planing' of the two center lanes for the convenience of the motoring public with Municipal State Aid funds (gas tax dollars). The two outside lanes will be planed and striped to create bike lanes using the unspent Pleasant Avenue Bike Trail funds mentioned above together with a Hennepin County Trail Grant in the amount of $6,000. This work will result in two lanes of through-traffic and two bike lanes on a five-block segment of 76th Street. However, near Lyndale Avenue the street will return to four traffic lanes. III. BASIS OF RECOMMENDATION A. POLICY • The proposed Micro-planing and Striping Project on 76th Street will be the first, and least expensive, way to begin implementing the task force recommendations. The 76th Street bike trail is consistent with the City's Comprehensive Plan. B. CRITICAL ISSUES • Reducing 76th Street west of Lyndale Avenue to two lanes will provide adequate capacity for the 6000 vehicles per day that use 76th Street. A two-lane road can handle between 8,000 and 10,000 vehicles per day. • If the segment of 76th Street between Lyndale Avenue and Emerson Avenue is proven to be successful with residents for on-street biking, the City could request additional Hennepin County funds to expand the 76th Street bicycle lanes east of Lyndale Avenue in Richfield. C. FINANCIAL • Plans for funding the project are: • Municipal State Aid (50% or about $20,000) • Previously allocated City trail (liquor) funds ($14,342.61) • Hennepin County Trail Grant ($6,000) D. LEGAL Because the funds for the Pleasant Avenue Trail Segments project were allocated by transitory ordinance, the Council must approve a new transitory ordinance to re-allocate those funds. IV. ALTERNATIVE RECOMMENDATION~S~ • Council could decline to approve the attached transitory ordinance. This would postpone the creation of the five-block segment of bike lanes on 76th Street. However, repairs proposed for 76th Street would require different funding sources. Most likely, additional MSA funds would be necessary. • Council could consider using additional MSA funds to repair 76th Street but not allow the conversion of the road for bike lanes. • Council could determine that this is not the best use of City funds at this time and could direct staff to terminate the project. This would delay repairing the concrete panels on 76th Street. V. ATTACHMENTS • Transitory ordinance re-allocating funds. • A photo of the vertical drop between two concrete panels on 76th Street. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None known at this time. BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE TERMINATION AND REALLOCATION OF FUNDS FROM ONE PROJECT TO ANOTHER PROJECT CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to terminate City Project 47050, Pleasant Avenue Bike Trail Segments and transfer the remaining funds to City Project 40025, Micro-plane 76th Street. Section 2: The amount of funds for the Pleasant Avenue Trail Segments that was allocated by Transitory Ordinance No. 18.13 on March 12, 2002 was $15,000. After expenditures of $657.39 for preliminary studies and surveys, there is a balance of $14,342.61. Funds originally allocated by Transitory Ordinance can only by transferred by a new Transitory Ordinance approved by Council. Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this day of 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk O v O O ~^ ~~ y ' 1 ~~ _a ~i '~ F~ t ;~ ,may t .,~. .! 1-. ~ „' ' .P t ~ ~ .. ..l ..'r ' { ~~ n -..~ r a i `f ~'a .q,' •~~ bi~y~.~' '~ ~ i d,. • to ~ '~~.. ,, ~ iF 4 ~ ~ E ~Yr ~ ~lR ~. < ~ 1 1: f ~ C TC' 4 } ~. ~,. ~ -t L Y it ~E'- ~~ r~~g,~~,` ~~ y , G Y. p c, ~ r ~ i.. 1 ''' ',, Lt~r. ~ ~ { _ tN, r } Y F A ~ 41.,.1 {w ~ r f ~ ~ i k , -.~ ha ~ q ~ ` ~: ', ~f -~~A E3j -'' ~ •~f ~' t „ ~• ~ ` t T~, ,~ i _ ~ ~~ l , ' ~ ~ ~ ~~ .,_ ~ ~ , YR3w /~-• E ~ ' ~ ~ 1 ~ i ~ F , 4 7 ` . R . 4. ~ ~ ~ 4 ~K ~ 1 '. .. 1 V~ fA~ ~a ~,, ~ .. IY .~ ~ ~ ~ ~. ,4 *' • _ ~ ~ ~ i 1 ~ ;. ' F // s~ ~ rr r f r: ' 1~ !~ + F~ '~ • l . a S ', } f ~ E i ~ t ~ ~ ~.. fy~ 1 ~ ~1 ~ !.. i ~ r '` ' ` a :f_ ~ nt i~p .. .. • t ,, ~.. ~ ~~ ~~ }¢ E~~y ~!t••Ik r~4 ~ e~{ ~ 5 f l f ~ ~ t ~ •4} _ t i r ~ y tb ~ Y "°g.,~ Y ~. ~~ p N~ ~ may: is ~,Y ~~ " M . !•' 1~ ° c a 4 ;t r' s ~ i ;+ ~Pe " w J C f ..,h : t Wn., t ~ e .~ ~ r 6.?~ y 6 +~ ~ :~ t Y, ~ 3~. k pl . 3{ t '£.^ s ~. rs : ` r. . , :.• ~ E 'x 'il: •+ ,~ /:} 4 ~ i x ' t :~ f ~,t~r l ~~7 ; °K.'t~.. ~~r. '_t_ _~ ~~ .. --t_ __fi. AGENDA SECTION: CONSENT AGENDA ITEM # 6C REPORT # 69 STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: KATIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Call a public hearing for the (1.) Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; (2.) Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and (3.) Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District; all relating to the Cornerstone Redevelopment Project. I. RECOMMENDED ACTION: By Motion: Adopt a resolution calling for a public hearing by the City Council on May 13, 2003 on the proposed adoption of the (1.) Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; (2.) Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and (3.) Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District; all relating to the Cornerstone Redevelopment Project. II. BACKGROUND On May 20, 2003, Samantha Orduno, Executive Director of the Housing and Redevelopment Authority (HRA), made an application by letter to the City Council to call a public hearing on the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; (2.) Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and (3.) Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District; all relating to the Cornerstone Redevelopment Project. This undertaking is related to providing the developer of the Cornerstone project with additional funding in the amount of $1.1 million for property acquisitions. The Bonds of 1996 will be the source of the additional funds, provided as a loan, and repaid by the developer and tax increment financing generated by the project. The HRA approved the additional gap funding at their regular meeting on February 26, 2003. The public hearing for this matter is proposed for May 13, 2003. The public hearing date needs to be set in advance in order to process the various notification requirements to the County Board, County Commissioner, School Board and undertake other public body approvals (such as the Housing and Redevelopment Authority and Planning Commission). The full schedule is attached to the letter dated March 20, 2003 from the HRA Executive Director to the City Council. III. BASIS OF RECOMMENDATION A. POLICY • A public hearing is required for the plan modifications. • The City Council is the body that must hold a public hearing to consider approval of the proposed modifications to a redevelopment plan and modifications to the tax increment financing plans. B. CRITICAL ISSUES • A public hearing at the May 13, 2003 Council meeting would keep the project on track with regard to when the developer would receive the additional gap funding. C. FINANCIAL • N/A D. LEGAL • The resolution calling for a public hearing was prepared by Ehlers and Associates and reviewed by legal counsel. • The HRA will be considering this matter at its April 21, 2003 meeting. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council may direct staff to select another date for the public hearing. However, a schedule for processing the Cornerstone redevelopment project has been set and is tied to other matters related to moving the project along. V. ATTACHIvIENTS • Resolution calling a public hearing by the City Council on the proposed adoption of modifications to the redevelopment plan and tax increment financing plans. • Letter of March 20, 2003 from HRA Executive Director to City Council Schedule Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet Tax Increment Financing District; and Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA, THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT, AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on May 13, 2003, at approximately 6:30 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, a Modification to the Tax Increment Financing (TIF) Plan for the ILN TIF District, and a Modification to the TIF Plan for the Lyndale Gateway West TIF District (referred to collectively herein as the "Modifications"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing. Filing of Modifications. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Hennepin County and Independent School District No. 280. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to May 13, 2003, and to place a copy of the Modifications on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. Dated: March 25, 2003 Martin Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J Housing and Redevelopment Authority March 20, 2003 The Honorable Mayor And Members of the City Council MAYOR MARTIN J. KIRSCH Subject: Application to the City of Richfield to call for a public hearing for the CITY COUNCIL Modification to the Redevelopment Plan for the Richfield JOHN ENGER Redevelopment Project Area; Modification to the Tax Increment SUSAN ROSENBERG Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment SUZANNE M. SANDAHL Financing District; and Modification to the Tax Increment Financing GERTRUDE ULRICH Plan for the Lyndale Gateway West Tax Increment Financing District; CITY MANAGER Cornerstone Redevelopment Project SAMANTHA ORDUNO Dear Mayor and Council Members: The Richfield Housing and Redevelopment Authority (HRA) is proposing to undertake the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and Modification to the Tax Increment Financing Plap far the Lyndale Gateway West Tax Increment Financing District. This undertaking is related to providing the developer of the Cornerstone project with additional gap funding in the amount of $1.1 million for property acquisitions. The Bonds of 1996 will be the source of the additional funds, provided as a loan, and repaid by the developer and tax increment generated by the project. The HRA approved the additional gap funding at their regular meeting on February 26, 2003. By this letter and on behalf of the HRA, I am requesting the Council to call and hold a public hearing on this matter. Necessary and proper notification of this public hearing will be made as required by Minneso#a Statutes. Also in accordance with Minnesota Statutes, attached please find draft plans that will be considered. The enclosed processing schedule provides the detail on the various notifications required and dates that the HRA and Planning Commission will meet on the subject matter. The public hearing on the modifications to the plans is proposed for May 13, 2003. The opinion of the Planning Commission on the matter is not yet available as their meeting is scheduled for March 24, 2003. However, their comments as to the conformity of the modified redevelopment and tax increment financing plans to the comprehensive plan of the city will be available after this date and by the time of the public hearing. The Urban Hometown 6700 PORTLAND AVENUE, RICHFIELD, MN 55423-259 612.861.9760 FAX: 612.861.8974 www.ci.richfield.mn.us AN EQUAL OPPORTUNITY EMPLOYER Mayor and Council Members March 20, 2003 Page 2 If you have any questions, please call me at 612/861-9705. Res tfully yours, ~~ ' antha O uno Executive Director SO:km Enclosures SCHEDULE OF EVENTS RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF RICHFIELD FOR A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE- LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT As of March 18, 2003 March 4, 2003 Project information, property identification numbers, and maps sent to Ehlers & Associates for drafting documentation. March 20, 2003 HRA Executive Director's letter of Application to City Council to call for public hearing on the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and a Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District. March 24, 2003 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. March 25, 2003 City Council calls for a public hearing on the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale- Nicollet (ILN) Tax Increment Financing District; and a Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District. March 28, 2003 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). April 1, 2003 Letter received by County Commissioner giving notice of potential modified redevelopment tax increment financing districts (at least 30 days prior to publication. of public hearing notice). April 11, 2003 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 -days prior to public hearing). SCHEDULE OF EVENTS -PAGE 2 RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF RICHFIELD FOR A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE- LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT As of March 18, 2003 April 21, 2003 HRA adopts a resolution approving the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District; and a Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District. May 1, 2003 Date of publication of hearing notice and map for the Modifications (at least 10 days but not more than 30 days prior to hearing). May 13, 2003 City Council holds public hearing at 6:30 p.m. on the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; Modification to the Tax Increment Financing Plan for the Interstate-Lyndale- Nicollet (ILN) Tax Increment Financing District; and a Modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District and passes resolution approving the Modifications. By June 30, 2003 Ehlers & Associates files Plans with county and state ''~'~ EHLERS & ASSOCIATES INC Draft COPY as of March 19, 2003 MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA and the MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT and the MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT within THE RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: December 10, 2002 Adopted: December ] 0, 2002 Public Hearing on Modifications: May 13, 2003 Modifications Adopted: E H L E R S Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES ~ N c 651-697-8500 fax: 651-697-8555 WWW.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) SECTION l -MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA .................... 1-1 Foreword ............................................................. 1-1 Boundaries of the Richfield Redevelopment Project Area ...:.................... 1-1 Parcels in Acquisition ................................................... 1-1 Estimated Public Costs .................................................. 1-1 SECTION ll -MODIFICATION NO. 11 TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT 2-1 Introduction ........................................................... 2-1 Boundaries of the ILN Tax Increment Financing District ......................... 2-1 Description of Property in the District and Property That May Be Acquired ........... 2-1 SECTION III -MODIFICATION NO. 1 TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT ... 3-1 Subsection 3-1. Foreword .............................................. 3-1 Subsection 3-2. Sources of Revenue/Bonded Indebtedness .................... 3-1 Subsection 3-3. Uses of Funds .......................................... 3-1 Subsection 3-4. Summary .............................................. 3-2 APPENDIX A PROJECT DESCRIPTION ............................................... A-1 APPENDIX B MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE LYNDALE GATEWAY WEST TIF DISTRICT ......................... B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT .....:....... C-1 SECTION 1- MODIFlCAT10N TO THE REDEVELOPMENT PLAN FOR THE RlCHF1ELD REDEVELOPMENT PROJECT AREA Foreword The following text represents a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project Area. For further information, a review of the Redevelopment Plan for the Richfield Redevelopment Project Area, adopted June 14, 1993, is recommended. It is available in the Community Development Department at the City of Richfield. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within the Richfield Redevelopment Project Area. Boundaries of the Richfield Redevelopment Project Area The boundaries for the Richfield Redevelopment Project Area are not being modified. Parcels in Acquisition The HRA or City may acquire the parcels either by direct purchase or through eminent domain proceedings in the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District. However, it is anticipated that the developers will be responsible for a majority of acquisitions by direct purchase. Estimated Public Costs This modification authorizes the HRA to loan tax increment from the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District for qualified activities identified in the budget of the Modification to the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing Plan, and to authorize the HRA to use funds loaned from the Interstate-Lyndale-Nicollet (ILN) TIF District to acquire parcels in the Lyndale Gateway West TIF District. Richfield HRA Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area ] -1 SECTION 1I -MODIFICATION NO. 77 TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET (ILN) TAX INCREMENT FINANCING DISTRICT Introduction (AS MODIFIED TO ADD THE FOLLOWING ON MA Y 13, 2003) The Housing and Redevelopment Authority in and for the City of Richfield (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite a modification to the Tax Increment Financing Plan (the "TIF Plan") for the Interstate-Lyndale-Nicollet (the "ILN") Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. These modifications do not add any geographic area to the District, nor do they increase the amount of spending. Generally, the substantive changes to the current Modification include the authority to loan tax increments generated from the ILN District in the Richfield Redevelopment Project Area to the Lyndale Gateway West Tax Increment Financing District (the. "Lyndale Gateway West. TIF District") to acquire land. For further information, a review ofthe Redevelopment Plan for Richfield.Redevelopment Project Area dated June 14, 1993 and the Tax Increment Financing Plan for the ILN Tax Increment Financing District is recommended. Boundaries of the ILN Tax Increment Financing District The boundary for the ILN District is not being modified. Description of Property in the District and Property That May Be Acquired (AS MODIFIED ONMAYI3, 2D03) The following are additional parcels located in the Lyndale Gateway West TIF District that are being identified for acquisition Parcel Numbers 33-028-24-44-0036 33-028-24-44-0037 33-028-24-44-0038 33-028-24-44-0039 33-028-24-44-0040 33-028-24-44-0041 33-028-24-44-0042 33-028-24-44-0043 33-028-24-44-0044 33-028-24-44-0045 33-028-24-44-0046 33-028-24-44-0056 33-028-24-44-0055 33-028-24-44-0054 33-028-24-44-0053 33-028-24-44-0052 33-028-24-44-0051 33-028-24-44-0050 33-028-24-44-0047 33-028-24-44-0048 33-028-24-44-0049 The HRA or City may acquire any parcel within the Lyndale Gateway West Tax Increment Financing District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA ,City or developer in order to accomplish one or more of the following: provide land for needed public streets; utilities and facilities; carry out land acquisition, site improvements, storm sewer and/or storm water retention improvements; clearance and/or development to accomplish the uses and Richfield HRA Modification to the TIF Plan for the ILN TIF District 2-I objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Richfield HRA Modification to the TIF Plan for the ILN TIF District 2-2 SECTION 111 -MODIFICATION NO. 7 TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT Subsection 3-1. Foreword (AS MODIFIED ON MAY 13, 2003) The Housing and Redevelopment Authority in and for the City of Richfield (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the modification to the Tax Increment Financing Plan for the Lyndale Gateway West Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. These modifications do not add any geographic area to the District, but they do, however; increase the amount of spending. Generally; the substantive changes to the current Modification include the authority to borrow tax increments generated from the ILN Tax Increment Financing District in the Richfield Redevelopment Project Area to the Lyndale Gateway West Tax Increment Financing District to acquire land. Subsection 3-2. Sources of Revenue/Bonded. Indebtedness (AS MODIFIED ONMAY 13, 2003) The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note or a G.O. TIF. bond issue and a loan from the HRA. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness orather indebtedness related to the use of tax increment financing will not exceed $8,580,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. The estimated sources of funds for the District are contained in the table below.. AS AS SOURCES OF FUNDS ADOPTED MODIFIED 12/10/2002 5/13/2003 Tax Increment $7,476,636 $7,476,636 Loan -0- $1,100,000 PROJECT REVENUES $7,476,636 $8,576,636 Subsection 3-3. Uses of Funds (AS MODIFIED ON MAY 13, 2003) - Under the proposed modification, an additional $1,100,000 will be provided to the developer as a loan in order to undertake necessary qualified activities. The loan is proposed to be paid back with project increment and developer payments. The table on the next page reflects the revised uses of funds. Richfield HRA Modification to the TIF Plan for the Lyndale Gateway West TIF District 3-1 USES OF FUNDS TOTAL TOTAL AS AS ADOPTED MODIFIED 12/10/2002 5/13/2003 LandBuilding Acquisition $3,300,000 $3,300,000 Interest $3,458,879 $3,458,879 Administrative Costs (up to 10%) $717,757 $717,757 Loan -0- $1,100,000 PROJECT COSTS TOTAL $7,476,636 $8,576,636 Subsection 3-4. Summary (AS MODIFIED ONMAY 13, 2003) The HRA is modifying this Plan to provided additional gap financing to the developer in order to preserve and enhance the tax base, redevelop substandard areas, provide housing opportunities and new neighborhood commercial and retail space, and provide employment opportunities in the City. The TIF Plan forthe District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification to the TIF Plan for the Lyndale Gateway West TIF District 3-2 APPENDIX A PROJECT DESCRIPTION (AS MODIFIED ONMAYI3, 2003) The Lyndale Gateway West Tax Increment Financing District is being facilitated to create an integrated mixed-use development ofhousing, commercial, parking and new public facilities, utilities, streetscape, and other improvements. The project components include the following: • 92 to 94 loft-style condominium units in 2 four story buildings with 117 underground parking spaces and additional surface parking of approximately 10 stalls • 14 two-story townhomes in three separate buildings with two-car, attached garages • 27,000-33,000 square feet ofretail and office space in three buildings with approximately 125- 135 parking stalls located behind the buildings • Reconstructed Lyndale Avenue with landscaped median, boulevard plantings, decorative sidewalk, street furniture, pedestrian-scale lighting, and entry monuments APPENDIX A-I APPENDIX B MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE LYNDALE GATEWAY WEST TIF DISTRICT APPENDIX B-t 0 QZ N O_ e e E o u~ ~ ~ ~ ~ ~ a~5 x $ ~- w ~ ~. W yvoa~ BOO ~J araaa ~ vqt OC] ®OC-~G~~QQO wee W ~~ ~O~ O~DOD ~~~Q° / ~~ v H ~~ ~00~0~~ Q~^OC7 L ,~~ n U -g1JM1lOQi9 ~~CI~OO ~~~`~-~~-+1'O° NOl`JNINOOIf ~„ ~.` ~ ~O~p~ ~OO~OC~~ DOD [ ~-~ ~ ~~ ~ OD~OO~~~OC~~~~ ~ C ~; p: ,~, ~ DOC7 DODO a-~ ~, Q Z aorara ~ 000~00~~~ Tana D W ~ ~~~~OQD°~~ o~vyNa ~ A/ ~ . S(WN(i10~ Sf19Nf170~ ~ C 71MYd Lim O~0 °~L~~O aand ~ '3 . ~ ~ CNV171V0 ~t^~~~~~1C~~~~ - QAYNMD C ~ .,.~ ~~ ~- owniaoe ~Q~,~,J~_J] t~7~~ ~ uNVUaoe 0 C_ .r W Z ~ ~ D °UU~B~°[ ~ r ~ ~ ~ o !- NOLIIW ~ °~00~~~~~°[ ~ Noirau Q Z "` --~ B D ` --, a LU `~ , ~~ ~BB~~O ~ ~ ~ s~enais 1 SN3A3LS ~ ~ ~~.. D ~BB~~CI~ 1 ~~ a ~ ~~/ 131'IO~N ~~ ~ ~C~C~~~~B~B J37'IO~IN C ~ W ~ t,aasma naasnn9 ~ y ~ v NLMOMIN3M ~ o0 00000 ~ N1aOMlH3M a ~ ^ p Z Aarws„w 0 ~0 ~~~~~ ~ ~ Aanssrne ~ • Z ~ iNVSV~d ~ ~ ~0 r tNasroa,d > ~ mnao f ~ ~~8~ aNVao Q ~ ~ m J ~aarN `I"'~11 B~ ~ ~~aavN m ~S W ~" ar~ae~ ~~Q ®~~~ ~ ~ mawavvr• ~ ~ > ~ aT~ONAI u~aL~~ O 3lYdNA, m W (n NJlaar ~~ N~iap,v ~ 'a W W ridwa ~~a0~~° ~ LNVAaa R' J ® xvd,oa p ~. Nosaaw3 ~ ~ Q~~~~ ~ Nosaawa Q uaN3ud ~~~ ~ 1NOwaad ~~~~ . W ~ ,a,oa Q °O a1II708N(IN LL ~ ~~ ~D~~~~~Od ~eanai smr ~. ~ D~Q~~ ~~OC~ S,rrr ~ Q XONy ~ oo°~ oc~oo YONA - ~ NVDO, ~ ~~°~ ~r°-1~~ - NV90, J N01M3N ~~OC_J~ ~C~! 1~ ~N- Q aa~u,o ~~~0 °°~~~ aaNp p NNad J ~~~--•~1~~~~~ NN3d N s Z Naa(10 ~ ~~~~ ~ ( Naano ~ ~~ ; '„ nassna ~ ~~~ ~ nassna o0. ~' J NIINaaHS J ~ ~~~ ~ NYQaaHS N c ~~ ~~~ ° _ f~~~t a. 1N3~NIA J ~_O E~~t--JQ ~ Q ~-~7 ~ 1.fO9HA O NarAF6rM 1 ~Q ~~~ ~ Na(18NSYM ~ ^p S3X113Y a A ~ I~ ~ A n 0' O ~ r Z P APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of--way identified by the parcels listed below. Parcel Numbers Address Owner 33-028-24-44-0036 7600 LYNDALE AVENUE SOUTH TOP VALUE AUTO SUPPLY INC 33-028-24-44-0037 7608-12 LYNDALE AVENUE SOUTH RAYMOND F SAWITZKE 33-028-24-44-0038 7614-18 LYNDALE AVENUE SOUTH PATRICK L O'BRIEN 33-028-24-44-0039 7620-26 LYNDALE AVENUE SOUTH ELLIOT I WOLSON ETAL 33-028-24-44-0040 7632 LYNDALE AVENUE SOUTH SEASONAL CONTROL INC 33-028-24-44-0041 7628 LYNDALE AVENUE SOUTH ACTION EMPLOYMENT INC 33-028-24-44-0042 7630 LYNDALE AVENUE SOUTH D N ERICKSON ET AL TRUSTEES 33-028-24-44-0043 7634-36 LYNDALE AVENUE SOUTH ROBERT EHRMAN & WIFE 33-028-24-44-0044 7638-40 LYNDALE AVENUE SOUTH ROBERT EHRMAN & WIFE 33-028-24-44-0045 7642 LYNDALE AVENUE SOUTH GEORGE A ROONEY ETAL 33-028-24-44-0046 7644 LYNDALE AVENUE SOUTH ROBERT R LURTSEMA 33-028-24-44-0056 7601 ALDRICH AVENUE SOUTH J C ULRICH ETAL 33-028-24-44-0055 7609 ALDRICHAVENUE SOUTH BOUNVIEN VONGSOUVAN ETAL 33-028-24-44-0054 7615 ALDRICH AVENUE SOUTH M & D NORLING 33-028-24-44-0053 7621 ALDRICH AVENUE SOUTH CONSTANCE M JOHNSON 33-028-24-44-0052 7627 ALDRICH AVENUE SOUTH KENNETH S WREN 33-028-24-44-0051 7633 ALDRICH AVENUE SOUTH ALAN P KRAEMER 33-028-24-44-0050 7639 ALDRICH AVENUE SOUTH KRISTEN A LAMONT 33-028-24-44-0047 7648 LYNDALE AVENUE SOUTH CITY OF RICHFIELD 33-028-24-44-0048 7646 LYNDALE AVENUE SOUTH CITY OF RICHFIELD 33-028-24-44-0049 7645 ALDRICH AVENUE SOUTH CITY OF RICHFIELD APPENDIX C-i AGENDA SECTION: CONSENT AGENDA ITEM # 6B REPORT # 68 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: STEVE DEVICH, ADMINISTRATIVE SERVICES DIRECTOR NAME, TITLE COUNCIL, PRESENTER: TITLE DEPARTMENT DIRECTOR REVIEW: ~ y SIGNATURE REVIEWED BY CITY MANAGER: ~ _ /~~y~'~~ ~ ~'~Y1~A,l~l ,~6. ~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution appointing resident experts to the 2003 Board of E ualization and settin com ensation for service to the 2003 Board. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution appointing Larry Emond and Glenn Erickson to the 2003 Board of Equalization and set compensation for service to the Board at $65 per session or $25 per hour er session, whichever is reater. II. BACKGROUND Mr. Larry Emond, 6325 Russell Avenue, has indicated his willingness to serve as a residential representative to the 2003 Board. He has been an independent property appraiser for over 30 years and has served on the Richfield Board of Equalization since 1983. He has held a Federal Appraisers License and has worked primarily in conducting property appraisals for financial institutions. He is also experienced in building construction and held a real estate license. Mr. Glenn Erickson, 7240 Bryant Avenue, has also indicated that he is willing to serve on the 2003 Board. Mr. Erickson has been in the property appraisal business since 1951. He first served on the Richfield Board of Equalization in 1991. -His business has predominantly included appraisal of single family residential, duplex 0325 Bd Equal Appt and fourplex properties. His appraisals have been for mortgage loans and appraisal audits. Mr. Erickson currently holds both an appraisers and real estate brokers license. Both Mr. Emond and Mr. Erickson have been extremely valuable assets to the City's Board of Equalization in their past service. III. BASIS OF RECOMMENDATION A. POLICY • The City has previously convened a Board of Equalization to not only comply with legal requirements but also to provide a forum for residents to voice concerns about their respective property values. • Mr. Emond and Mr. Erickson are long-standing residents of Richfield who have an excellent knowledge of Richfield property values and real estate appraisal. • The Board provides the City Council with a methodology to independently review selected property values established by the County Assessor. B. CRITICAL ISSUES • It is important to convene and conclude the 2003 Board of Equalization within the time frame established by State Statutes and the City Charter. • The 2003 Board is scheduled to convene at 6:30 p.m. Tuesday, April 29, 2003. C. FINANCIAL • It is recommended that the compensation for this expert service be set at $65 per session of the Board or $25 per hour per session of the Board, whichever is greater. • This is the same fee that was paid in 2002. D. LEGAL • Both the City Charter and MN State Statutes require some process to review property value challenges posed by residents. The Charter specifies the current Board of Equalization structure. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • Recruit and select other qualified expert residents to serve on the Board ing appointments and setting compensation. ~ V 1. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None, RESOLUTION NO. A RESOLUTION CONFIRMING CITY MANAGER'S APPOINTMENT OF TWO RESIDENT MEMBERS TO THE BOARD OF EQUALIZATION BE IT RESOLVED, that the City Council of the City of Richfield, Minnesota hereby approves the City Manager's appointment of Mr. Lawrence Emond and Mr. Glenn Erickson as 2003 resident members of the Board of Equalization as provided in Chapter 7 of the City Charter. BE IT FURTHER RESOLVED, that compensation for the two resident members of the Board of Equalization be set at a minimum of $65 per session of the Board or $25 per hour per session of the Board, whichever is greater. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of March 2003. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 6A REPORT # _ 67 J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/000RDINTOR NAME, Triz6 COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached resolution approving the amended Hennepin South Services Collaborative Agreement for research, planning and coordination of human services and a Famil Services Collaborative. ~~ I. RECOMIVIENDED ACTION: ~~ By Motion: Approve the attached resolution amending the Hennepin South Services Collaborative Agreement for research, planning and coordination of human services and a Family Services Collaborative. II. BACKGROUND • The City of Richfield has had a joint and cooperative agreement with the cities of Bloomington, Eden Prairie and Edina for the past 30 years to provide human service planning in south Hennepin and for the past nine years to provide family services collaborative activities. In 1991, this agreement was reorganized to establish the South Hennepin Regional Planning Agency (SHeRPA). FamiLink, the South Hennepin Family Services Collaborative per Minnesota Statutes Section 124D.23, began in 1994 to more effectively meet the needs of families and children in South Hennepin. FamiLink formally incorporated in 1998 and contracted with SHeRPA for the provision of administrative and fiscal services to FamiLink. In August, 1999 the SHeRPA Board of Directors, consisting of the four City Managers, and the FamiLink Board, consisting of the four City Managers, the four School Superintendents, arepresentative of Hennepin County, and a representative of Community Action for Suburban Hennepin, voted to merge the two organizations into one entity called Hennepin South Services Collaborative (HSSC). The HSSC created the RPC Commission to establish policies- and objectives for the Agency's research, planning, and coordination activities. The RPC consisted of one representative from each City. The HSSC created FamiLink Commission to establish policies and objectives for the Agency's family services collaborative activities. The FamiLink Commission consisted of representatives from each City, School, service provider partner, and Community Council. Provider partners had a formal agreement to participate in HSSC activities. Each area Community Council had been given the responsibility by the HSSC Board to distribute Local Collaborative Time Study revenue generated within each community and operated a FamiLink Resource Center. • In December 2000 HSSC hired a consultant to make recommendations to -resolve several problems that had arisen in carrying out the mission of HSSC. Anew HSSC model was approved by the HSSC Board on June 6, 2001. In this model the RPC and FamiLink Commissions were abolished and the Collaborative Advisory Team (CAT) was formed to serve as the Family Services Commission, and to ensure accountability, realize the HSSC mission and work plan, and provide a link between coordination activities. In addition, the local FamiLink Resource Centers were merged in March 2002 to form one FamiLink Resource Center to serve the region. In September 2002 the Edina School District and in December 2002 the City of Edina opted to withdraw from the HSSC Agreement. • A revised HSSC Agreement (Joint Powers) between the cities and school districts of Richfield, Bloomington and Eden Prairie has been drafted that includes language consistent with the recent reorganization. III. BASIS OF RECOMMENDATION A. POLICY • The RPC has been abolished from HSSC and the CAT acts as the Family Services Commission. B. CRITICAL ISSUES • The HSSC Board of Directors, consisting of the City Managers and School District Superintendents of Bloomington, Eden Prairie and Richfield have expressed a desire to participate in the amended HSSC Agreement. C. FINANCIAL • None. D. LEGAL • The amended HSSC Agreement was reviewed by Corrine Thomson, Kennedy & Graven. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may decide not to approve the amended HSSC Agreement and cease providing regional human services planning and family services collaborative activities. • The Council could decide to develop their own human services planning capacity and cease participating in family services collaborative activities. • The City could attempt to join another regional planning effort and/or family services collaborative. V. ATTACPIMENTS • Resolution • Amended HSSC Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. A RESOLUTION APPROVING THE AMENDED HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT FOR RESEARCH, PLANNING AND COORDINATION OF HUMAN SERVICES AND A FAMILY SERVICES COLLABORATIVE WHEREAS, the Research, Planning and Coordination Commission has been abolished from Hennepin South Services Collaborative and the Collaborative Advisory Team acts as the Family Services Commission; and WHEREAS, the municipalities of Bloomington, Eden Prairie, and Richfield along with the School Districts of Bloomington, Eden Prairie, and Richfield are desirous of participating in the amended Hennepin South Services Collaborative Agreement to provide human services research, planning and coordination and a family services collaborative in its region of South Hennepin County. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Richfield approve the amended Hennepin South Services Collaborative Agreement. BE IT FURTHER RESOLVED, that the Mayor and City Manager be authorized to execute said agreement for the City of Richfield. Passed by the City Council of the City of Richfield, Minnesota this 25th day of March, 2003. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk HENNEPIN SOUTH SERVICES COLLABORATIVE AGREEMENT ARTICLE I. PARTIES The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, subdivisions 1 through 11 (1998). ARTICLE II. GENERAL PURPOSE Section 2.1. The parties have formed this Agreement for the purpose of providing an organization to accomplish the following: (a) To provide human services research, planning and coordination, both public and private, throughout the territory of the governmental parties to this Agreement, and (b) To contract with other governmental units and private entities as necessary to establish and operate a family services collaborative, as authorized by Minnesota Statutes Section 124D.23 (1998), for the purposes of monitoring and addressing human service needs and providing coordinated family services. (c)To provide for additional joint and cooperative exercises of powers pursuant to Minnesota Statutes, section 471.59, as unanimously agreed by the parties' governing bodies. Section 2.2. The organization formed by this Agreement shall not be used or operated for the pecuniary gain, directly or indirectly, of any party or any member of its board. The organization shall not participate or intervene in a political campaign on behalf of any candidate for public office. ARTICLE III. NAME The name of the organization created by this Agreement is Hennepin South Services Collaborative. The name may be changed in accordance with Section 13.1 of this Agreement. CAH-228450v3 1 RC145-327 ARTICLE IV. DEFINITIONS Section 4.1. For the purpose of this Agreement, the terms defined in this section have the meanings given them. Section 4.2. "Hennepin South Service Collaborative" or "HSSC" means the organization created pursuant to this Agreement. Section 4.3. "Appointing Authority" as used in section 10.3 of this Agreement means the Governing Body of the Member or the director to whom the Governing Body has delegated the authority to appoint CAT team members. Section 4.4. "Board" means the board of directors of the HSSC, as established under Section 6.1 of this Agreement. Section 4.5. "Director" means a member of the Board of Directors of the HSSC, except that "executive director" means a staff person employed by the HSSC who shall not be a member of the Board of Directors. Section 4.6. "Collaborative Advisory Team" or "CAT" means the family services collaborative commission established under Section 10.1 of this Agreement. Section 4.7. "FSC Participant" means a Governmental Unit or Private Entity that is not a Member of the HSSC but that contracts with the HSSC for purposes of creating a family services collaborative under Minn. Stat. § 124D.23. Section 4.8. "Governing Body" .means the policy-making and decision-making body of a Governmental Unit that has the authority to enter into contracts of this type.. For- example, with respect to a city, it means the city council; with respect to a county, it means the county board; and, with respect to a school district, it means the school board. CAH-228450v3 2 RC145-327 Section 4.9. "Governmental Unit" means any political subdivision of the State of Minnesota including, but not limited to, a home rule or statutory city or school district. Section 4.10. "Human services" includes but is not limited to services and facilities to deal with and serve human needs. Section 4.11. "Member" means any Governmental Unit that is a member of the HSSC as provided in Article V of this Agreement. Section 4.12. "Private Entity" means any private corporation, agency, association or foundation that provides human services to individuals and families, including, but not limited to, a private nonprofit community action agency under Minnesota Statutes, Section 119A.375. ARTICLE V. MEMBERSHIP Section 5.1. Any Governmental Unit located in the metropolitan area is eligible to be a Member of the HSSC. Section 5.2. The initial Members of the HSSC are: City of Bloomington, a home rule charter city and public health entity; City of Eden Prairie, a statutory city; City of Richfield, a home rule charter city; Independent School District No. 271, a school district; Independent School District No. 272, a school district; and Independent School District No. -280, a school district. Section 5.3. A Governmental Unit may enter into this Agreement by resolution of its Governing Body and by execution of a copy of this Agreement by its proper officers. The Governmental Unit must file an executed copy of the Agreement with the executive director of the HSSC. The resolution authorizing the execution of the agreement must also designate the first director for the Board. Section 5.4. A Governmental Unit wishing to become a Member after the effective date of this agreement may be admitted only upon the favorable vote oftwo-thirds of the votes of the Board. CAH-228450v3 3 RC145327 present and voting at any regular or special meeting. The Board may, in its by-laws, impose conditions upon the admission of additional Members. Section 5.5. A change in the governmental boundaries, structure, classification or organization of a Governmental Unit does not affect the eligibility of that Governmental Unit to become or remain part of the HSSC. ARTICLE VI. BOARD OF DIRECTORS Section 6.1. The governing body of the HSSC is its Board of Directors. Each Member is entitled to select one director to serve on the Board and one alternate to carry out the duties of the director in his/her absence. Each director is entitled to one vote. In the absence of a director, the designated alternate for that director may vote. Section 6.2. A director is appointed by resolution of the Governing Body of the Member. A director serves until a successor is appointed. Except as provided in Section 9.4 of this Agreement, directors serve without compensation from the HSSC, but nothing in this section is to be construed to prevent a Member from compensating its director for service on the Board if such compensation is otherwise authorized bylaw. Section 6.3. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, section 351.02, clauses (l~{3) and (5)-(8), or upon a revocation of a director's appointment by the appointing .Member duly filed with the HSSC. Vacancies are filled by resolution of the Governing Body of the Member whose position on the Board is vacant. Section 6.4. A quorum consists of that number of Board members that is equal to a majority of the members of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of the majority of those Board members .present. For purposes of counting votes and CAH-228450v3 4 RC145-327 establishing a quorum under this section, the term "Board members" includes designated alternates only when the Board member for which the alternate was appointed is absent from the meeting in question. ARTICLE VII. EFFECTIVE DATE; ORGANIZATIONAL MATTERS Section 7.1. This Agreement is effective on the date when the last of the executed agreements and authorizing resolutions of all of the initial Members listed in Section 5.2 of this Agreement has been filed as provided in Section 5.3 of this Agreement. Section 7.2. Within 30 days after the effective date of this agreement, the HSSC Board Chair must call the first meeting of the Board, which meeting must be held no later than 60 days after the effective date of this agreement. Section 7.3. The first meeting of the Board will be the organizational meeting of the HSSC. At the organizational meeting, and at each annual meeting thereafter, the Board must elect from among the directors achair, avice-chair, and asecretary-treasurer. A director may hold more than one office. Section 7.4. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board must adopt by-laws governing its procedures, including the time, place, notice-for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this Agreement. The Board may amend the by-laws from time to time. The Board must meet at least once each year and on such other dates as may be provided in its by-laws. The annual meeting is held in the month of June unless otherwise provided in the by-laws. Section 7.5. The Board may create an executive committee and other committees, as it may deem necessary pursuant to its by-laws. The executive committee may be authorized to exercise CAH-228450v3 5 RCI45-327 specified powers of the board of dii`ectors between Board meetings, subject to the limitations imposed upon it by the Board. Section 7.6. The Board shall create a family services collaborative commission designated as the Collaborative Advisory Team or "C.A.T.", in accordance with Article X of this Agreement. Section 7.7. The Board may create advisory councils, as it deems necessary pursuant to its by-laws. ARTICLE VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 8.1. The powers and duties of the Board of Directors include the powers set forth in this Article. Section 8.2. The Board may employ a person to act as executive director of the HSSC. Section 8.3. The Board may make such contracts as are necessary to effectuate the purposes of this Agreement. Section 8.4. The Board may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full-time, part-time or consulting basis, as the Board determines. Section 8.5. The Board may apply for and receive financial support in the form of grants from any organization or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain the support. Section 8.6. The Board may invest and reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to statutory cities. The HSSC may not incur obligations in excess of funds available to it. Section 8.7. The Board may contract for space, materials and supplies. CAH-228450v3 6 RC145-327 Section 8.8. The Board shall make a financial accounting and report to the parties at least once each year. The HSSC's books and records shall be available and open to examination to authorized representatives of the parties at all reasonable times. Provided, however, that data classified as "not public" shall be available only to those Members or FSC Participants who are involved in the function to which the data relates. Section 8.9. The Board shall secure insurance to protect the HSSC, the Board, the off cers and employees of the HSSC and the parties in such form and amount as are agreed by the Board. Section 8.10. The Board shall establish policies and procedures with respect to the creation, collection, maintenance, and dissemination of government data, as may be required by applicable federal and state law. Section 8.11. The Board shall resolve conflicts or inconsistencies that may arise in the operation of the collaborative. Section 8.12. The Board may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. Section 8.13. The HSSC shall not discriminate on the basis of sex, race, creed, national origin, color, religion, age, marital status, status with regard to .public assistance, sexual orientation or disability, and will conform to all applicable State and Federal laws and regulations including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, et sec . ARTICLE IX. OFFICERS Section 9.1. The officers of the Board are achair, avice-chair, and asecretary-treasurer elected by the Board for a term of one year and until their respective successors are elected at the annual meeting. New officers take office at the adjournment of the annual meeting at .which they CAH-228450v3 7 RC145-327 were elected. An officer must be a duly appointed director. No officer shall hold an office for a period that exceeds two consecutive terms. Section 9.2. A vacancy in the office of chair, vice-chair, or secretary-treasurer occurs for any of the reasons for which a vacancy in the office of director occurs under Section 6.3 of this Agreement. Vacancies in these offices are filled by the Board for the unexpired portion of the term. Section 9.3. The chair presides at meetings of the Board. The vice-chair acts as chair in the absence or disability of the chair. Section 9.4. The secretary-treasurer is responsible for keeping a record of the proceedings of the Board, for custody of funds, for keeping of fmancial records of the HSSC and for such other duties as may be assigned to the secretary-treasurer by the Board. Persons may be employed to perform such services under the supervision and direction of the secretary-treasurer as may be authorized by the Board. The secretary-treasurer must post a fidelity bond or other insurance against loss of HSSC funds in the amount specified by the Board, the cost of such bond or insurance to be paid by the Board. The Board may provide for compensation of the secretary-treasurer for services to the Board. Section 9.5. In its by-laws, the Board may establish such other offices, as it deems necessary, in addition to those set forth in this Article IX. ARTICLE X. FAMILY SERVICES COLLABORATIVE COMMISSION Section 10.1. The Collaborative Advisory Team. establishes policies and objectives for the HSSC's family services collaborative activities. Section 10.2. At the organizational meeting required under section 7.3 of this Agreement and, thereafter, at or prior to the Board's annual meeting of each year, each Member must elect whether it will participate in the HSSC's family services collaborative activities for the succeeding CAH-228450v3 g RC145-327 budget year. If the FSC Participants and Members that have agreed to participate in the CAT for that budget year do not satisfy the minimum requirements under Minnesota Statutes Section 124D.23, the HSSC shall not conduct any family services collaborative activities in that year. Section 10.3. The CAT is composed of team members appointed in the manner and in the number as specified in the by-laws of the HSSC. -The by-laws must, at a minimum, provide: (a) that the appointing authority for every Member who elects to participate in the CAT activities may appoint at least one team member; (b) that the appointing authority for every Governmental-Unit FSC Participant may appoint at least one team member; (c) that the HSSC Board of Directors must appoint any other team members. CAT team members are appointed for the budget year in which the CAT will operate. Each CAT team member is entitled to one vote. :The by-laws may also provide for non-voting representatives or liaisons to the CAT. Section 10.4. A vacancy in the office of CAT team member occurs for any of the reasons for which a vacancy in the office of director occurs under Section 6.3 of this Agreement. Vacancies are filled in the same manner as initial appointments of CAT team members. Section 10.5. The CAT shall have the following powers and duties: a. It may establish and register a trade name for the family services collaborative to be operated by the CAT. b. It may exercise any of the powers of a family services collaborative, as provided in Minnesota Statutes, section 124D.23; provided, however, that it may not assume the duties of .another agency as provided by Minnesota Statutes, section 124D.23, subdivision 3, without prior approval of the Board. c. It shall perform all of the duties required of a family services collaborative, as provided in Minnesota Statutes, section 124D.23. CAH-228450v3 9 RC145-327 d. It shall have those powers and duties delegated to it by the Board, as further specified in the by-laws of the HSSC, which must be related to the family services collaborative function of the HSSC. Section 10.6. By majority vote of those team members present and voting, the CAT team members shall select a chair and co-chair to serve as the presiding members of the CAT. ARTICLE XI. FINANCIAL MATTERS Section 11.1. The fiscal year of the HSSC is the calendar year. Section 11.2. The Board shall establish separate accounting funds for the research, planning and coordination function of the HSSC (the "RPC accounting fund") and the family services collaborative function of the HSSC (the "FSC accounting fund"). Section 11.3. The RPC accounting fund shall consist of funds available from grants, gifts, private revenues, voluntary contributions of Members, or required contributions from Members, if it is determined by the Board by atwo-thirds vote, by written action or at a regular or special meeting, of all votes of then existing Members, that such contributions are necessary. Section 11.4. The FSC accounting fund shall be an integrated fund, which may consist of federal, state, local or private resources, including contributions from Members and FSC Participants as required under Section 11.5 of this Agreement. Section 11.5. Each FSC Participant and each Member who elects to take part in the family services collaborative function of the HSSC in any budget year must make a minimum cash or in- kind contribution of $500.00 to the FSC Fund for that budget year. Section 11.6. The Board shall determine in its annual budget the portion of general overhead and operating expenses that are attributable to each fund. CAH-228450v3 1 ~ RCI45-327 Section 11.7. HSSC funds shall be expended in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed, and other legal instruments shall be executed on behalf of the HSSC as provided in the by-laws. Section 11.8. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan B cities and for such purposes the executive director, if any, shall be deemed to occupy a position equivalent to that of a city manager. Any contract in excess of $10,000.00 must be approved by a two thirds majority of the Board. Section 11.9. The Board (1) is strictly .accountable for all funds received and for funds expended by it, (2) shall have an annual audit of its books, and (3) shall make an annual report of all of its receipts and disbursements to each of the parties to this Agreement. Section 11.10. The HSSC Executive Director shall present to the HSSC Board of Directors a proposed annual operations budget for the collaborative by May 1 of each year. The CAT shall review the proposed annual operations budget, with recommendations to the HSSC Board for fmal approval. The HSSC Board shall approve the proposed annual operations budget for the collaborative and submit it to all Members and FSC Participants on or before July 1. Final action adopting an annual budget shall be taken by the Board on or before September 1. The Members shall be obligated to pay the amount specified as their contribution in the budget unless that Member has withdrawn pursuant to Article XIII. FSC .Participants shall be obligated to pay contributions as specified in their contracts with the HSSC. Section l l . l 1. Except as authorized by law, no member of the Board or other public officer of the organization who is authorized to take part in any manner in the making of any sale, lease or CAH-228450v3 11 RC145-327 contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. Section 11.12. The liability of the HSSC, its officers and employees shall be subject to the immunities and limitations provided in Minnesota Statutes, Section 466.04. ARTICLE XII. DURATION AND DISSOLUTION Section 12.1. The HSSC will exist, and this agreement is in effect, for an indefmite term until dissolved in accordance with Section 12.3 of this article. Section 12.2. A Member may withdraw from the HSSC effective as of December 31 of any year by filing a written notice with the secretary-treasurer on or before August 1 of such year. However, any Member which is a public school district shall comply with Minn. Stat. § 123B.02, subd. 3 and notify the HSSC Members of its intent to withdraw on or before February 1 of any years, and the withdrawal shall be effective June 30 of the same year. A withdrawing Member shall be obligated to pay the HSSC its budgeted contribution for the HSSC fiscal year in which the notice of withdrawal is given. The withdrawing Member shall continue to be a parry to this Agreement until the effective date of such notice of withdrawal A notice of withdrawal may be rescinded by a Member at any time prior to the withdrawal becoming effective. If a Member withdraws before dissolution of the HSSC, the Member will have no claim on the assets of the HSSC. Section 12.3. The HSSC must be dissolved whenever the withdrawal of a Member reduces total number of Members in the HSSC to less than three. The HSSC may be dissolved at any time by unanimous vote of all Members. Section 12.4. In the event of dissolution, the Board shall determine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the HSSC all remaining CAH-228450v3 12 RC 145-327 assets of the HSSC, after payment of obligations (including obligations to FSC Participants), shall be distributed among the then-existing Members in proportion to their respective contributions. If there have been no contributions by any party, surplus monies of the HSSC shall, upon termination of the HSSC, allocated funds shall be returned to the parties in proportionate shares. The HSSC will continue to exist after dissolution for the period, no longer than six months, necessary to wind up its affairs but for no other purpose. ARTICLE XIII. TRANSITIONAL AND MISCELLANEOUS MATTERS Section 13.1. The name of the organization created by this Agreement may be changed when deemed appropriate by the Board, but only upon atwo-thirds majority vote of all the votes of the Board of Directors taken at a regular meeting of the Board or by written action. If the name of the organization is so changed, the Board shall provide in its by-laws for necessary measures to effect the change in official and unofficial documents, papers, and other essential respects. IN WITNESS WHEREOF, the undersigned Govennlnental Unit or Private Entity has caused this Agreement to be executed by its duly authorized officers and delivered on its behalf. c.A11-228450v3 13 RC 145-327 Hennepin South Services Collaborative By HSSC Executive Director By HSSC Board Chair City of Richfield By Its Mayor By Its City Manager Reviewed and approved by the City Attorney Dated: Filed in the office of the of 2003. this 2003 day of cax-22saso~3 14 RC145-327 AGENDA SECTION: PRESENTATIONS AGENDA ITEM # 2 REPORT # 66 ~J STAFF REPORT CITY COUNCIL MEETING MARCH 25, 2003 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NA,tirE, TITLE COUNCIL PRESENTER: DEPARTMENT DIItECTOR REVIEW: ~ n~ (~`~ , (1/ J SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration and endorsement of the "Together We Stand" ad campaign for 2003 which urges parents and community leaders to take an active role in preventing underage drinking in the Richfield communit . I. RECOMMENDED ACTION: By Motion: Approve and endorse the "Together We Stand" ad campaign for 2003 (ad attached) which urges parents and community leaders to take an active role in preventing underage drinking and alcohol use in the Richfield community. II. BACKGROUND This campaign began in the spring of 1999 when Councilmember Rosenberg identified the alarming fact that other adults were offering her underage daughters alcohol at graduation events throughout the community. At that time, Council Member Rosenberg, along with the Chair of the Advisory Board of Health and. the principals of the Richfield Senior High School and the Academy of Holy Angels, sent a letter to all parents educating them in the dangers of underage drinking. The letter was an effort to support parents in making wise decisions and to provide them with a positive environment to help their children in making healthy choices regarding 0325 Together We Stand Ad alcohol and drug use. The campaign has grown since then to include a postcard to parents in the spring of each year concerning the alcohol problems that occur when kids travel to Mexico unattended during spring break. A prom/graduation letter is also sent to parents on their role in preventing underage drinking and drug use. The "Together We Stand" ad campaign began that same year (1999) with an ad in the Richfield local paper signed by 18 Richfield organizations/community leaders and has now been embraced by the cities of Edina and Bloomington. A further partnership with the Richfield municipal liquor stores results in the display of an abbreviated version of this ad throughout the spring and summer months in all of their four stores. In recent years, some people wanting to be a part of this endorsement have had to be denied involvement due to the large number of individuals and organizations wanting to be included in the ad campaign efforts. III. BASIS OF RECOMMENDATION A. POLICY • Sally Parsons, Chair of the Richfield Advisory Board of Health, has in the past four years approached the Council as a citizen and board member bringing this campaign for approval and endorsement during the open forum for residents. • Council has asked that the request from the Advisory Board of Health be formally brought before the Council. • For the fifth year, Sally Parsons is seeking approval and endorsement of the ad campaign from members of the Richfield City Council. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • The Council could decide not to endorse the "Together We Stand" ad campaign which would mean that they would not be listed in the ad. This would be a change in their position since the ad's inception. V. ATTACHMENTS • 2002 "Together We Stand" ad campaign. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sally Parsons, Chair of the Richfield Advisory Board of Health. ~ va1 X N O ~tf. 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