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08-23-99 agendaCITY OF RICHFIELD, MINNESOTA ~~' '~'~''~o MONDAY, AUGUST 23, 1999 `°~-'~ ~ ~ ~~ %,, SPECIAL CITY COUNCIL MEETING 6:30 P.M. ~~ PUBLIC SAFETY LOBBY RICHFIELD CITY HALL CALL TO ORDER ROLL CALL TOUR OF NEWLY REMODELED PUBLIC SAFETY DEPARTMENT ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS RICHFIELD CITY HALL AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) REGULAR CITY COUNCIL MEETING OF AUGUST 9, 1999; (2) SPECIAL CITY COUNCIL MEETING OF AUGUST 12, 1999; (3) SPECIAL CITY COUNCIL STUDY MEETING OF AUGUST 13, 1999; AND (4) SPECIAL CITY. COUNCIL MEETING OF AUGUST 14, 1999 PRESENTATION INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CnNSFN-r rep ~~neQ eQG A. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING 2000-2003 COMMUNITY HEALTH SERVICES PLAN FOR RICHFIELD C.L. 181 B. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE FOR GROOMING OF ANIMALS FOR PETCO ANIMAL SUPPLIES, INC., 710 WEST 66TH STREET C.L. 182 C. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE FOR GROOMING OF ANIMALS FOR ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE C.L. 183 D. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSE FOR ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L. 184 E. CONSIDERATION OF APPROVAL OF RENEWAL OF VETERINARY LICENSE FOR WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 185 F. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE FOR THE FOLLOWING: • 7433 EAST PLEASANT AVENUE; THREE DOGS AND TWO CATS C.L. 186 • 6840 RUSSELL AVENUE; THREE DOGS C.L. 187 • 6301 LOGAN AVENUE; THREE DOGS C.L. 188 • 7144 OLIVER AVENUE; THREE DOGS C.L. 189 • 6844 COLUMBUS AVENUE; THREE DOGS C.L. 190 • 7301 WENTWORTH AVENUE; THREE DOGS C.L. 191 • 6800 CEDAR AVENUE; THREE DOGS C.L. 192 PUBLIC HEARINGS 4. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION DETERMINING NECESSITY FOR ISSUANCE OF GENERAL OBLIGATION BONDS TO CONSTRUCT NEW COMMUNITY AND RECREATIONAL CENTER AND. CALLING • SPECIAL ELECTION FOR NOVEMBER 2, 1999 COUNCIL LETTER NO. 193 5. .PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION TAX INCREMENT REVENUE BONDS ON BEHALF OF HRA TO PROVIDE FOUR YEAR FUNDING PLAN FOR RICHFIELD REDISCOVERED AND TRANSFORMATION HOMES PROGRAMS COUNCIL LETTER NO. 194 PROPOSED ORDINANCES CONSIDERATION OF FIRST READING OF ORDINANCE LICENSING AND REGULATING PRACTICE OF THERAPEUTIC MASSAGE IN RICHFIELD COUNCIL LETTER NO. 195 CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT REZONING LAND BETWEEN ALDRICH AVENUE AND ONE-HALF BLOCK EAST OF GARFIELD AVENUE AND 76TH TO 77TH STREETS FROM SINGLE FAMILY RESIDENTIAL, NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL TO PLANNED GENERAL COMMERCIAL COUNCIL LETTER NO. 196 • ADMINISTRATIVE REPORTS AND OTHER BUSINESS 8. CONSIDERATION OF AWARD OF CONTRACT FOR RECREATIONAL SITE IMPROVEMENTS AT ACADEMY OF HOLY ANGELS TO INGRAM EXCAVATING IN AMOUNT OF $197,250 COUNCIL LETTER NO. 197 9. CONSIDERATION OF NEW CITY MANAGER EMPLOYMENT AGREEMENT COUNCIL LETTER NO. 197A AIRPORT BUSINESS 10. AIRPORT STATUS REPORT CORRESPONDENCE 11. LEGISLATIVE REPORT COUNCIL CHOICE 12. COUNCIL DISCUSSION ITEMS 13. CLAIMS AND PAYROLLS 14. 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. CITY OF RICHFIELD, MINNESOTA ~' ` Council Letter No. 181 Agenda August 23, 1999 . Issue Statement: Request for approval of the resolution giving approval of the 2000 - 2003 Community Health Services Plan for the City of Richfield. Background: In 1976, the State Legislature passed the Community Health Services Act. The purpose of the Act is to develop and maintain a system of community health services under local administration. Community health services are those services provided to protect and improve people's health by preventing illness, disease and disease disability. Through this Act, Richfield receives community health services subsidy funds from the State to support the provision of services such as home health, disease prevention and control, health promotion, family health and environmental health services. Since 1977, Richfield has contracted with the City of Bloomington for the provision of personal public health services. The community health services provided in Richfield meet the requirements of the State Community Health Services Act and have continually qualified for a subsidy. This state subsidy funding, in part, supports these community health service programs through the agreement with Bloomington. The Community Health Services Act requires that each agency prepares and submits a four-year plan that addresses current and potential public health problems within their community. Valuable input to the plan was received from members of the Richfield Advisory Board of Health and other members of the community that were involved in the planning process. The plan was reviewed and approved by the Richfield Advisory Board of Health at their July 19, 1999 meeting. Before the plan is submitted to Hennepin County and finally on to the State, it must receive the approval of both the Board of Health (City Council) and the Advisory Board of Health. Recommended Motion: Approve the 2000 - 2003 Community Health Services Plan for the City of Richfield. Basis of Recommendation: 1. By approving the plan, the City will meet the planning requirement necessary to continue to receive State subsidy funding. Alternative Recommendation: 1. The Council could decide to not approve the 2000 - 2003 Community Health Services Plan. This would mean that the City of Richfield would not meet the requirements necessary to continue to receive state subsidy funding. Discussion/Decision Mode:. The 2000 - 2003 Community Health Services Plan is being presented for City Council app~val at this time. Re a ully submi d, /,/~ • en L. Devic City Manager SLD:cak ~~-i RESOLUTION NO. RESOLUTION. APPROVING THE 2000 - 2003 RICHFIELD COMMUNITY HEALTH SERVICES PLAN AND SUBMISSION OF SAID PLAN AND APPLICATION FOR THE 2000 - 2003 COMMUNITY HEALTH SERVICES ACT SUBSIDY. WHEREAS, the City Council of the City of Richfield is the official governing body of the City of Richfield and functions as the official Board of Health of the City of Richfield; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire community at the highest level; and WHEREAS, the Community Health Services Act provides for subsidies in andport of public health services on the focal level throughout the State of Minnesota; WHEREAS, the Advisory Board of Health of the City of Richfield has reviewed and approved the 2000 - 2003 Community Health Services Plan for the provision of public health services in the City of Richfield, and recommends that the City Council authorize its submission in application for a grant; and WHEREAS, the City Council finds this plan consistent with the needs and priorities of the community as determined by the Advisory Board of Health and as expressed by the citizens of Richfield. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, that the 2000 - 2003 Community Health Services Plan for the City of Richfield is approved and authorization is hereby given to submit said plan in application for a Community Health Services Act subsidy for 2000 - 2003. Adopted by the City Council of the City of Richfield, Minnesota this 23~d day of August, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 182 Agenda August 23, 1999 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Petco Animal Supplies, Inc., 710 West 66th Street, for the grooming of animals. Background: On July 6, 1989, Petco Animal Supplies, Inc. submitted an application for the renewal of a commercial kennel license. This license will be for the grooming of animals only. There will be no kenneling of animals at any time. The application is complete and the $150.00 fee has been received. An inspection of the property was conducted by a Community Service Officer on July 22, 1999. There were no apparent problems found at that time. The Public Safety Department staff received no complaints for the past year for Petco Animal Supplies, Inc. Recommended Motion: Staff recommends that the application for a commercial kennel license be approved. Basis of Recommendation: 1. The applicant has been made aware of the City codes pertaining to a commercial kennel license. 2. The City has previously issued a commercial kennel license for the purpose of animal grooming to Petco Animal Supplies, Inc. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Petco Animal Supplies, Inc., 710 West 66th Street, for the grooming of animals is presented for Council consideration at this time. Re pec ully submitted, Steven . Devic Acting City Manager SLD:cak 3~ CITY OF RICHFIELD, MINNESOTA Council Letter No. ls3 Agenda August 23, 1999 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, for the purpose of animal grooming. Background: On July 6, 1999, Elaine Bergquist submitted an application for the renewalof her commercial kennel license. The application was complete and the $150 fee has been received. Ms. Bergquist's application had all contiguous property owners' signatures on it. An inspection of the property was conducted by a Community Service Officer on July 30, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff is to notify neighbors surrounding the area of the commercial kennel license when it is located in a residential neighborhood. Staff received no complaints from any of the other neighbors. Recommended Motion: Staff recommends that. the application for a commercial kennel license be approved. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a kennel license to Elaine's Grooming for the purpose of animal grooming. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for denial. Discussion/Decision Mode: Request for approval of the application for a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, is presented for Council consideration at this time. R p ctfully submitted, ~b v n Acting City Manager SLD:cak 3~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 1s4 Agenda August 23, 1999 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Animal Care Clinic, 6521 Cedar Avenue. Background: On July 6, 1999, Animal Care Clinic submitted an application for the renewal of their commercial kennel license. The application is complete and the $150 fee has been received. A Community Service Officer conducted an inspection of the property on July 23, 1999. There were no apparent problems found at that time. The Public Safety Department staff received no complaints during the past year for Animal Care Clinic. Recommended Motion: Staff recommends that the application for a commercial kennel license be granted to Animal Care Clinic, 6521 Cedar Avenue. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a commercial kennel license to Animal Care Clinic. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Animal Care Clinic, 6521 Cedar Avenue, is presented for Council consideration at this time. Ily subm !~_ Acting City Manager SLD:cak 3~ CITY OF RICHFIELD, MINNESOTA Council Letter No. ls5 Agenda August 23, 1999 Issue Statement: Consideration of an application for a renewal of a veterinary license for Woodlake Veterinary Hospital, 6436 Lyndale Avenue. Background: Can July 12, 1999, Woodlake Veterinary Hospital submitted an appli~'ation for the renewal of their veterinary license. The application was complete and the $150 fee has been received. An inspection of the property was conducted by a Community Service Officer on July 23, 1999. There were no apparent problems found at that time. The Public Safety Department staff received no complaints during the past year for Woodlake Veterinary Hospital. Recommended Motion: Staff recommends that the application for a veterinary license be granted to Woodlake Veterinary Hospital, 6436 Lyndale Avenue. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a veterinary license. 2. The City has previously issued a veterinary license to Woodlake Veterinary Hospital. Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety. Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a veterinary license for Woodlake Veterinary Hospital, 6436 Lyndale Avenue, is presented for Council consideration at this time. City Manage SLD:cak CITY OF RICHFIELD, MINNESOTA .~ ' ' Council Letter No. is6 Agenda August 23, 1999 Issue Statement: Consideration of an application for the renewal of a residential kennel license for Mr. Steve Hallberg, 7433 East Pleasant Avenue. Background: On July 15, 1999, Steve Hallberg submitted an application for a residential kennel license. He owns three dogs and two cats. The application is complete and the $85 fee has been received. Mr. Hallberg's application contains the signatures of contiguous property owners. An inspection of the property was conducted by a Community Service Officer on July 30, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls regarding this application. Although this application is for three dogs and two cats, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mr. Hallberg has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Mr. Hallberg's residential kennel license. This would mean that he would have to reduce the number of dogs he has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Mr. Hallberg, 7433 East Pleasant Avenue, is presented for Council consideration at this time. sub ~~ .D j Acting City Manager , SLD:cak CITY OF RICHFIELD, MINNESOTA Council Letter No. is~ Agenda August 23, 1999 Issue Statement: Consideration of an application for the renewal of a residential kennel license for Michael Addiss, 6840 Russell Avenue. Background: On July 14, 1998, Michael Addiss submitted an application for a residential kennel license. He owns three dogs. The application is complete and the $85 fee has been received. Mr. Addiss' application has all contiguous property owners' signatures on it. An inspection of the property was conducted by a Community Service Officer on July 30, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies .neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mr. Addiss has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Mr. Addiss' residential kennel license. This would mean that he would have to reduce the number of dogs and cats he has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Michael Addiss, 6840 Russell Avenue, is presented for Council consideration at this time. Re a tf tly submi d, ~ ~~ e . Devic Acting City Manager SLD:cak CITY OF RICHFIELD, MINNESOTA ~ 1'' 3 Council Letter No. 188 Agenda August 23, 1999 Issue Statement: Consideration of an application for the renewal of a residential kennel license for Melanie Cooper, 6301 Logan Avenue. Background: On July 12, 1999, Melanie Cooper submitted an application for a residential kennel license. She owns three dogs. The application is complete and the $85 fee has been received. Ms. Cooper's application had all contiguous property owners' signatures on it. An inspection of the property was conducted by a Community Service Officer on July 20, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Cooper has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Cooper's residential kennel license. This would mean that she would have to reduce the number of dogs she has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Melanie Cooper, 6301 Logan Avenue, is presented for Council consideration at this time. Re pe ully submi d, v ~ l:. Devich ~ Acting City Manager SLD:cak CITY OF RICHFIELD, MINNESOTA ~? Council Letter No. 189 Agenda August 23, 1999 Issue Statement: Consideration of an application for the renewal of a residential kennel license for Suzanne and Thomas Erickson, 7144 Oliver Avenue. Background: On July 15,.1999, Suzanne Erickson submitted an application for a residential kennel license. She .owns three dogs. The application is complete and the $85 fee has been received. Mrs. Erickson's application contains the signatures of contiguous property owners. An inspection of the property was conducted by a Community Service Officer on July 30, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mrs. Erickson has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Mrs. Erickson's residential kennel license. This would mean that she would have to reduce the number of dogs she has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Suzanne and Thomas Erickson, 7144 Oliver Avenue, is presented for Council consideration at this time. Res ully sub ed, • ~. Acting City Manager SLD:cak 3~-5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 190 Agenda August 23, 1.999 Issue Statement• Consideration of an application for the renewal of a residential kennel license for Mr. Garry Sutliff, 6844 Columbus Avenue. Background: On July 9, 1999, Garry Sutliff submitted an'application for a residential kennel license. He owns three dogs. The application is complete and the $85 fee has been received. Mr. Sutliff's application contains the signatures of contiguous property owners. An inspection of the property was conducted by a Community Service Officer on July 23, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls regarding this application. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. • Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mr. Sutliff has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Mr. Sutliff s residential kennel license. This would mean that he would have to reduce the number of dogs he has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Mr. Sutliff, 6844 Columbus Avenue, is presented for Council consideration at this time. R s ully sub ~tted, to n L. Devic . Acting City Manager SLD:cak 3 ~- ~O CITY OF RICHFIELD, MINNESOTA Council Letter No.191 Agenda August 23, 1999 Issue Statement: Consideration of an application for the renewal of a residential kennel license for Mr. and Mrs. West, 7301 Wentworth Avenue. Background: Ori July 6, 1999, Jane West submitted an application for a residential kennel license. She owns three dogs. The application is complete and the $85 fee has been received. Mrs. West's application contains the signatures of contiguous property owners. An inspection of the property was conducted by a Community Service Officer on July 30, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls regarding this application. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff. recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Mr. and Mrs. West have been able to do this. Alternative Recommendation: 1. The Council could decide to deny Mr. and Mrs. West's residential kennel license. This would mean that they would have to reduce the number of dogs they have from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Mr. and Mrs. West, 7301 Wentworth Avenue, is presented for Council consideration at this time. Ily submitted, ~1 Acting City Manager SLD:cak 3 ~-1 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 192 Agenda August 23, 1999 Issue Statement: Consideration of an application for a renewal of a residential kennel license for Ethet Zobel, 6800 Cedar Avenue. Background: On July 12, 1999, Ethel Zobel submitted an appliation for a residential. kennel license. She owns three dogs. The application incomplete and the $85 fee has been received. Ms. Zobel's application contains all contiguous property owners' signatures. An inspection of the property was conducted by a Community Service Officer on July 23, 1999. There were no apparent problems found at that time. The City has adopted a policy that staff notifies neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. • Recommended Motion: Staff recommends that the application for a residential kennel license be approved. Basis of Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Zobel has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Zobel's residential kennel license. This would mean that she would have to reduce the number of animals on her property from three to two. Discussion/Decision Mode: Recommendation to approve a residential kennel license for Ethel Zobel, 6800 Cedar Avenue, is presented for Council consideration at this time. City Manager CITY OF RICHFIELD, MINNESOTA Council Letter No. 193 Agenda August 23, 1999 Issue Statement: Public hearing and consideration of a resolution determining the necessity for the issuance of general obligation bonds to construct a new community and recreational center and calling a special election for November 2, 1999. Background: In August 1998, the City Council approved the hiring of Short Elliot Hendrickson to conduct a feasibility study on the proposed recreational facility.. Shortly after, a group of Richfield citizens called the Multi-Purpose Community Center Task Force assembled to conduct public meetings, consider the needs and opinions of the community, study the different options for a new facility and ultimately, report their findings to staff, the Community Services Commission and the City Council. This group has stayed in close contact with the Council, the Community Services Commission and the public, requesting feedback and involvement and reporting their findings. Recently, the group has renamed the proposed facility the "Richfield Community and Recreational Center" which, in turn, changed the name of the task force. After a year of study, the Richfield Community and Recreational Center Task Force has determined a need for a new facility. With the help of S.E.H. and very active feedback from the community, the task force has developed floor and site plans for the proposed facility. The task force is also recommending that the project be funded by a General Obligation Bond which will require a referendum that could be held in conjunction with the school board election on November 2. Based on the findings of the RCRC Task Force, staff is recommending that the City conduct a public hearing to elicit public input regarding this project and potential funding through a bond referendum. Attached is a timeline detailing the work of staff and the task force and distribution of information about the proposed facility. Pending Council authorization to conduct the referendum election, staff has scheduled several public information meetings throughout September to provide residents with information about the proposed facility and the proposed bond referendum election. The meetings would be held at locations throughout the City at various neighborhood park buildings and other City facilities (schedule attached). Also, staff will schedule the first consideration of the ordinance approving a capital improvement to construct a recreation and community center, pursuant to Richfield City Charter, Section 8.04 for the September 13 regular Council meeting (with the public hearing to follow at a later Council meeting). Recommended Motion: 1. Conduct a public hearing and approve the resolution determining the necessity for the issuance of general obligation bonds to fund a new community and recreational center and calling a special election for November 2, 1999. 2. Direct staff to initiate the procedures for the public hearing and consideration of an ordinance approving a capital improvement to construct a recreation and community center, pursuant to Richfield City Charter, Section 8.04. ~i Basis of Recommendation: 1. The Community and Recreational Center Task Force has considered the needs and opinions of other Richfield citizens in determining the scope, size, features, location and funding of the proposed facility. 2. Numerous public meetings were held and information was published since the inception of the Task Force in September 1998 to discuss the proposed facility and in anticipation of this recommendation. 3. At their final meeting on August 19, the Task Force reviewed these findings and formulated a formal recommendation based on the meetings, surveys and study of the last year. Alternative Recommendation: 1. Do not schedule a bond referendum election for the construction of the proposed facility. 2. Schedule a bond referendum election for a date other than November 2, 1999. Council may choose to conduct the bond referendum election in conjunction with the general election in November of 2000. Discussion/Decision Mode: A notice of this August 23 public hearing was published in the Sun Current. Council action to schedule a special election for November 2 is requested at this time in order to meet the statutory requirements. Representatives from the task force will be in atte ance to present their formal recommendation. Re a ully sub ed, v~ ~tav rlc ' Acting City Manager SLD:cak RESOLUTION NO. RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON BE IT RESOLVED by the City Council of Richfield, Hennepin County, Minnesota (City) as follows: 1. The City Council hereby finds and determines: a. That it is in the best interests of the health, welfare, and safety of the City and its residents that the City construct and equip a new recreation and community center (Project); and b. That the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act) to issue its obligations to finance the Project in whole or in part and to pledge its full faith, credit and taxing powers to the payment of such obligations; c. That it is necessary and expedient to the sound financial management of the affairs of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds pursuant to the Act in an amount not to exceed $9,500,000; and 2. The proposition for the issuance of the bonds will be submitted to the voters of the City at a special election to be held on Tuesday, November 2, 1999. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to special municipal elections and the City's home rule charter. 3. The City Clerk is directed to cause a notice of election or sample ballot, or both in substantially the form attached hereto as Exhibit A to be posted and published as required by law as follows: a. The notice of election will be published once in the official newspaper of the City at least two weeks prior to the election; b. The notice of election and a sample ballot will be posted at each of the polling places at least ten days prior to the election; c. The notice of election and a sample ballot will be posted in the office of the City Clerk at least four days prior to the election; and d. The sample ballot will be published in the official newspaper at least one week prior to the election. 4. The polling places, hours of election and the respective judges for the election will be those established by the City for special elections. The polls will be open from 7:00 a.m. until 8:00 p.m. 5. The City Clerk is authorized and directed to prepare a reasonable supply of separate paper ballots for the election to be printed on blue paper in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF RICHFIELD NOVEMBER 2, 1999 ~.3 The City of Richfield is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $9,500,000 to finance the construction and equipping of a new recreation and community center. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately $769,300. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $769,300. This maximum increase in property tax levy is estimated to be approximately .05175% of the taxable market value of property in the City. CITY QUESTION NO. 1: CONSTRUCTION OF A NEW RECREATION AND COMMUNITY CENTER Should the City of Richfield be authorized to issue and sell its General Obligation Bonds in an amount not to exceed $9,500,000 to provide funds to construct and equip a new recreation and community center? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. YES ~) NO ~_~ INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the foregoing proposition shall make a cross mark (X) in the square opposite the word YES. Voters desiring to vote against the foregoing proposition shall place a cross mark (X) opposite the word NO. 6. The City Council will meet in the City Hall on November 8, 1999, at 7:00 p.m., C.T. to canvass the results of the election and to declare the results thereof. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of August, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk EXHIBIT A NOTICE OF SPECIAL ELECTION CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Richfield, Hennepin County, Minnesota, on Tuesday, the 2"d day of November, 1999, at which the following proposition will be submitted to the voters of the City for their approval or rejection: CITY QUESTION NO. 1: CONSTRUCTION OF A NEW RECREATION AND COMMUNITY CENTER Should the City of Richfield be authorized to issue and sell its General Obigation Bonds in an amount not to exceed $9,500,000 to provide funds to construct and equip a new recreation and community center? YES NO L~ The polling place for said election are as follows: ~T'o be inserted when posted and published] The polls for said election will be open at 7:00 am and will remain open until closing at 8:00 pm. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previous registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL Thomas Ferber City Clerk .~_~ Richfield Community and Recreational Center Event and Public Information Timeline The following is a timeline of events, publications and meetings that addressed the proposed Community and Recreational Center. November 1997 Survey of Richfield residents reveals that 76% of those surveyed would be in favor of a multi-purpose community center. August 3, 1998 Council holds study session to review the Master Park Plan. August 10, 1998 Council approves the hiring. of Short Elliot Hendrickson and authorizes staff to conduct a feasibility study for the new MPCC. September 17,1998 MPCC Task Force holds first meeting at Richfield Water Plant. 27 residents and staff attend. Third Week of October, 1998 All-City mailer sent giving information about the MPCC plan and inviting citizens to one of three citizen-participation meetings in November and December. October 28,1998 Announcement printed in the Sun giving dates, times and location for the MPCC's citizen-participation meetings First week of November, 1998 Phone line designated as the MPCC Information Line for the purpose of providing updates about the work of the MPCC Task Force and to collect feedback. November 10, 1998 Community Services Commission recommends approval of Master Park Plan to City Council. November 11, 1998 Article about the Task Force in the Sun (Residents Help Shape Possib/e Community Recreation Centerj. Article mentions residents gathering to discuss the Center. November 5, November 12 and December 17, 1998 MPCC Task Force holds three citizen participation meetings to gather input about the facility and discuss its feasibility, features, etc. December 9, 1998 Article in the Sun about the MPCC Task Force and their meetings (Residents to He/p Hone Scope of Proposed Rec Center). Mentions time, date and place of final citizen participation meeting. January 11, 1999 City Council approves the revised Master Park Plan identifying a need fora Multi- purpose Community Center. Master Park Plan is submitted to the Planning Commission to incorporate into the Comprehensive Plan. January 31,.1999 Community Services Commission and MPCC Task Force staff a booth at the Richfield Remodeling Fair to answer questions and gather input about the MPCC (Rick Jabs, Camillo DeSantis, Maureen Scaglia, Alan Youel and Kirsten Kimball). February 1999 MPCC presentation given to the Richfield Community Council (Rick Jabs). February 1999 MPCC presentation given to the League of Women Voters (Maureen Scaglia). February 1999 MPCC presentation given to the Richfield Historical Society (Mary Anne Olson). ~i~ First Week of February, 1999 • Your City feature article details the MPCC project and the work of the Task Force. Issue includes postage-paid response card. Approximately 650 responses received. February 13, 1999 MPCC presentation given at the Spring Sports Sign-Up (Rick Jabs, Alan Youel, Maureen Scaglia). February 27, 1999 MPCC presentation given to Richfield Visions (Rick Jabs). February 27, 1999 MPCC presentation given at the Spring Sports Sign-Up (Rick Jabs). Throughout March, 1999 Local public-access show, /nside the Issues, is aired on local public-access cable television. Program is hosted by the League of Women Voters. March 9, 1999 MPCC Task Force members present overview of MPCC plan to Richfield Planning Commission at their regular March meeting (Maureen Scaglia). March 15, 1999 MPCC presentation given to Richfield School Board (Alan Youel, Rick Jabs). March 16,1999 MPCC presentation given to the Athletic Associations (Rick Jabs). March 16, 1999 MPCC presentation given to the Richfield Apartment Managers Association (Camillo DeSantis). March 24,1999 MPCC presentation given to the Richfield Chamber of Commerce (Rick Jabs). Apri12, 1999 • Camillo DeSantis and Nancy Schultz (ShortElliottHendrickson) meet with the Community Center Inter-Council to discuss the MPCC and its potential uses. April 12, 1999 MPCC presentation scheduled to be given to the Richfield Women of Today (Connie McDonald). June 30, 1999 Article in the Richfield Sun about the Task Force findings and details of the proposal. August 2, 1999 Council Study Session to discuss the timeline leading to a possible bond referendum election. August 9, 1999 City Council approved the scheduling of a public hearing to authorize the bond referendum. August 10, 1999 The Community Services Commission voted to recommend to the City Council the authorization of a bond referendum election. August 11, 1999 Rick Jabs presented a report on the Center to the City of Richfield General Management at their monthly meeting. August 23, 1999 City Council public hearing scheduled to consider authorizing staff to conduct a bond referendum election. September 1998 to Present (weekly) MPCC updates are printed in the City's Status and Information (S&I) inviting citizens to attend Task Force meetings. September 1998 to Present (almost-weekly) . MPCC holds public meetings on an almost-weekly basis at the Water Plant. 1'"' September 1998 to Present (monthly) • Community Services Commission receives updates on the MPCC Task Force meetings every month at regular, public meetings. October 1998 to Present (monthly) MPCC updates are published in the Your City including information about the Information Line and the Task Force meetings. November 1998 to Present (daily) MPCC answered live. Comments are recorded and callers are referred to Task Force members or George Watson. Messages left on the Information Line are monitored and recorded daily. November 1998 to Present (weekly) MPCC Information Line is published in the Status and Information (S&I). Residents are encouraged to call. Number is also published in Your City and Sun articles. • ~'~ The following is a list of Open Forum informational meetings scheduled for the months of August and September: Wednesday, August 11 7:00-8:00 pm Community Center Community Leader Meeting 7000 Nicollet Ave Thursday, August 12 4:00-8:00 pm Vets Park Picnic Shelter Tree Replanting Meeting 6335 Portland Ave Saturday, August 28 9:00-11:00 am Vets Park Picnic Shelter Farmers' Market 6335 Portland Ave Saturday, September 11 1.1:30 am-1:30 pm Christian Park Open Forum 6900 Bloomin ton Ave Saturday, September 11 9:00-11:00 am Madison Park Open Forum 6244 Knox Ave Saturday, September 11 11:30 am-1:30 pm Roosevelt Park Open Forum 7644 4~' Ave Saturday, September 11 9:00-11:00 am Sheridan Park Open Forum 6500 U ton Ave Thursday, September 16 6:00-9:00 pm Wood Lake Nature Center Open Forum 6710 Lake Shore Drive Thursday, September 16 7:00-9:00 pm Community Center Open Forum 7000 Nicollet Ave Saturday, September 18 9:00 am-5:00 pm Vets Park Picnic Shelter Open Forum 6335 Portland Ave Thursday, September 23 11:00 am-Noon Community Center Open Forum 7000 Nicollet Ave Thursday, September 23 7:00-9:00 pm City Hall (Heredia Room) Open Forum 6700 Portland Ave Saturday, September 25 9:00-11:00 am Donaldson Park Open Forum 7434 Humboldt Ave Saturday, September 25 11:30-1:30 pm Fremont Park Open Forum 7445 Fremont Ave Saturday, September 25 11:30 am-1:30 pm Jefferson Park Open Forum 6700 Thomas Ave Saturday, September 25 11:30 am-1:30 pm Monroe Park Open Forum 67101rvin Ave Thursday, September 30 6:30-8:30 pm Adams Hill Playfeature Meeting 7200 Washburn Ave -0 MPCC Citizen's Taskforce • %Richard C. Jabs 6805 Knox Ave. So. Richfield, MN 55423 866-2660 Date: August 2, 1999 Mr. Mayor & Members of the City Council of Richfield: The Community Services Commission had recommended to you in 1998, that a task force of Richfield citizens be put together to review existing data, gather citizen input and ascertain whether a new Community Center was needed for our city. On September 17, 1998, a group of 30-35 Richfield citizens volunteered and met for the first time to discuss the merits of such a facility. We have continued to meet on a weekly basis to research, gather information from our community and propose a New Community Center for the City of Richfield. Early in our meetings, we crafted a Mission, Vision and Goals that would work as our tool in this process: Mission Statement: ^ Serves as focal point for our Richfield Community activity "A gem of the City" ^ Welcomes all community members regardless of Age, Race or Creed ^ Addresses social, health & recreational needs for the greatest number of citizens Goals: ^ Economically feasible to build ^ Financially responsible to operate ^ Meets multi-purpose needs now and in the future ^ Is safe, secure and inviting ^ Improves the quality of life for atl Richfield residents through its programs, facilities and services We held workshops, distributed informational brochures, held open weekly meetings, and gave presentations to a variety of Richfield organizations (including the Chamber of Commerce, League of Women Voters and Visions). We also presented on cable TV, and distributed information through "Your City" and The Richfield Sun Current. All of this was done to receive input and feedback for purposes of conceptualizing aCommunity Center that will address unmet needs and improve the quality of life in our city. Following is a recommendation that we wish to take to the voters on November 2, 1999. Recommendation: Community Center: • Congregate Dining • Senior Programs site • Multi-purpose rooms • Crafts • Small-group meetings • Sociallnteraction • Clubs -1 • Classes • Adult/Social lounge- areas • Teen Center • Child Activity Center • Drop-in daycare • Richfield Familink Resource Center • Recreation staff offices Health & Recreation: • Zero-depth recreational pool • Water play features • Two. exercise lanes • Aerobics/exercise studio • Walking/running track _ Cardiovascular/weight area • Locker room (general and family) Meeting/Banquet Facilities: • Seating for 500 • Weddings • Proms & Banquets • Family gatherings • Revenue Source • Multi-purpose meeting rooms Cost: $9.5 million in 25 year General Obligation bonds • $100,000 home/business tax impact - $52/year ($4.33/month) • $150,000 home/business tax impact - $78/year ($6.86/month) Location: Veterans Park • Portland Avenue & 64th Street (Southeast corner) • Land use 4.18 acres of 108 acres (3.8%) Conclusion: Based on our research, input and feedback from citizens, we are recommending that the City Council hold a referendum vote on November 2, 1999, for issuance of a 25 year General Obligation Bond to build the $9.5M Community and Recreational Center we are proposing. Sincerely, R.C. Jabs MPCC Citizen's Task Force Spokesperson CITY OF RICHFIELD, MINNESOTA Council Letter No. 194 Agenda August 23, 1999 Issue Statement: Public hearing and authorization of the sale of general obligation tax increment revenue bonds on behalf of the HRA to fund the Richfield Rediscovered and Transformation Homes Programs. Background: The new construction and transformation of single family homes through Richfield Rediscovered have been highly recognized and very successful. The vision of the City Council and the Housing and Redevelopment Authority (HRA) in 1990 resulted in a program which has provided more than 100 new homes. In addition, over 50 homes have been significantly remodeled or "transformed". Council action authorized the start- up interfund loans from the water/sewer fund and Lyndale/Hub/Nicollet (LHN) redevelopment district to acquire substandard homes. The momentum from the initial authorization and the HRA's use of the Development Account in the following years has sustained the new construction program and allowed the implementation of the Transformation Homes Program. To continue the programs, a new funding strategy is required: • Rapidly increasing property values in the marketplace, even for substandard and obsolete homes valued at 50 to 60 percent of the community average, result in fewer properties redeveloped with available funds. • Administrative changes made in 1997 due to pending tax increment legislation resulted in the Development Account no longer funding new construction and transformation. No other funds are available to continue the program. Staff has worked with Ehlers & Associates, Inc. (Ehlers) to evaluate all the. options that are available. It is recommended that the City issue up to $2.8 million in general obligation tax increment revenue bonds. This action would fund the new construction and transformation programs for four years. The HRA, through a pledge agreement with the City, would cover debt service with future Richfield Rediscovered district tax increment funds, and with housing trust funds provided by the Gramercy and Urban Village tax increment districts. The bond issue would be structured in two portions. The first $1.4 million portion would be issued this fall. The second would be issued in approximately two years. The City Council and HRA would monitor the program activity in two ways: through the annual budget process and the annual report on tax increment obligations prepared by Ehlers. Ehlers' original plan was based on cash flows for two years and is summarized in an attached memorandum (Exhibit B). Ehlers has recently concluded that a program spread over four years provides a $20,000 savings in costs of bond issuance, as well as providing better program continuity. A memo from Ehlers (Exhibit A) describes their analysis in greater detail. The HRA approved the issuance of $2.8 million at their August 16 meeting. The bond would be a general obligation of the City that is 100 percent supported with tax increment. The risk in issuing general obligation debt by the City is that it might have to be, in part, supported by general tax levy. However, the proposed structure of multiple sources of tax increment that have been identified represents an amount sufficient to cover the required debt service. This structure demonstrates that the risk has been minimized. This type of financing was successfully used in the LHN in the late 1970's and early 1980's. Because it is to be a taxable bond, it would not impact the City's ability to issue other debt. The issuance of $2.8 million. in bonds, will provide approximately 28 new homes and approximately 60 to 80 transformations in the next four years. ~~ I The plan to issue additional debt has also included a review of how existing debt is being managed. A memorandum from Ehlers (Exhibit C), which is dated July 7, 1999, discusses loan payback. Tax increment generated by existing Richfield Rediscovered districts is structured to retire the debt based on the schedule presented. The structure retires all obligations. Sid Inman of Ehlers will attend the Council meeting to answer any detailed questions about the bond issue, the HRA's pledge of tax increment to the City bonds, and the management of previous loans made to the program. Recommended Motion: Adopt a motion approving the attached resolution which authorizes the sale of general obligation tax increment revenue bonds to provide a four year funding plan for the Richfield Rediscovered and Transformation Homes Programs. Basis of Recommendation: 1. A public hearing on this matter was requested and was properly noticed. 2. Richfield Rediscovered. is important because it removes small, substandard and obsolete homes and provides new homes for people at all income levels. 3. The Transformation Homes Program is important because a small amount of incentive deferred loan financing from the HRA helps provide more large, family- oriented housing and encourages homeowners to make improvements rather than move. 4. There are no funds to continue the programs from this point forward and the demand for both programs is high. 5. A four-year funding plan has been developed by Ehlers, reviewed by legal counsel, approved by the HRA, and found to be the recommended course of action. 6. The HRA, through a pledge agreement with the City, will cover the debt service from future tax increment districts and land proceeds. 7. The water/sewer fund debt is being repaid on schedule. Alternative Recommendation: 1. Discontinue the programs. 2. Defer action, continuing to evaluate alternative funding sources. 3. Request a modified bond structure. Discussion/Decision Mode: A negotiated bond sale would occur 60 days hereafter, and funds would then be ava~able to the program in the fall of 1999. SLD:cak Attachments Acting City Manager RESOLUTION NO. ~~~ RESOLUTION AUTHORIZING THE SALE OF THE TAXABLE GENERAL OBLIGATION VARIABLE RATE DEMAND TAX INCREMENT BONDS, SERIES 1999 IN AN AMOUNT NOT TO EXCEED $2,800,000 PLUS ASSOCIATED COSTS OF ISSUANCE WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's Taxable General Obligation Variable Rate Demand Tax Increment Bonds, Series 1999, in an amount not to exceed $2,800,000 plus associated costs of issuance; and WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorized Ehlers to solicit proposals for the sale of the Bonds. 2. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it '~` on behalf of the City upon its completion. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of August, 1999 . Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk EXHIBIT A ~~ FREERS 6 ASSOCIATES INC MEMORANDUM TO: Bruce Nordquist, City of Richfield FROM: Mark Ruff-Ehlers & Associates DATE: August 4, 1999 RE: Principal Amount for Richfield Rediscovered Financing The City and HRA are considering the issuance of G.O. Tax lncrentent Variable Rate Bonds for the continued funding ofthe Richfield Rediscovered program. Previously, the tiRA has discussed a maximum principal amount of bonds equal to approximately $1,400,000. This amount would carry the program for approximately two years. The HRA does have an option -which may save finance costs in the future due to the unique structure of variable rate debt.. The HRA could authorize the issuance of up to $2,800,000 of principal, which would carry the program for four years instead of two years. While the initial bond issue would only be enough to fond the immediate costs of the program ($1,400,000 or less), the higher authorized amount could allow the City and .yRA to issue "subseries" of bonds in future yeas. The subseries concept is similar to a line of credit at a bank.. The total amount would not be drawn immediately, but the HRA would have authority to draw more in the future. The subseries would avoid approximately $20,000 in new legal opinion, rating agency, and financial advisor costs. The subseries options does not diminish the HRA's control over the total amomit of debt to be issued. The HRA could implement a process which requires HRA approval and a new set of financial projections prior to the issuance of a new subseries of debt. We do recommend that the maximum amount of debt be increased to $2,800,000 to offer the HRA the most flexibility in options for future Richfield Rediscovered needs. froor the desk of Mark Rrtjj Vice President Ehlers f~ Associates, Inc. _ 3060 Ceram Pointe Driest Roseville, MN SS113 Pbo~te: (6S1) 697.8SOS Fax: (6S1J 697.8SSS E-Mail.• mark~eblen•inccom ~-~ MEMORANDUM TO: Bruce Paimborg -City of Richfield Bruce Nordquist -City of Richfield Pam Bookhout -City of Richfield Steve Bubul -Kennedy and Graven FROM: Sid Inman - Ehiers/Pubiicorp Inc. DATE: July 19, 1999 RE: Richfield Rediscovered Finance Pian EXHIBIT B As per your request, we have been reviewing the long term funding. options for. the Richfield Rediscovered Program. in the payrt the program has had a variety of funding sources and each year it was uncertain that the project would be funded . Your objective was to find a secure funding source for at least five years. At the current time the city's funds are committed to other capital projects and therefore not available to the HRA for this project. The HRA had to look to its own funds in order to continue the project. • Due to the lack of city funds we determined that the HRA would have to borrow the funds needed from another source. We first determined that we needed to establish base tine data as to the annual need of the project. We established the goal of 7 homes a year and $200,000 for the Transformation Program. Following are the sources and uses for the project: SOURCES lend Sale Income. 210,000 Other TOTAL SOURCES 210,000 USES Acquisition Cost 455,000 Admin and Demo 42000 Other Costs 28*pp0 Transformation Program 200.000 TOTAL USES 725,000 TOTAL GAP 515,000 Funding the project presented two problems. First, we needed to borrow funds upfront for the full $725,000 needed to complete one year of the project. But, we would receive $210,000 within a year and a half. Therefore we only needed to borrow long temp for the balance or $51.5,000. 'The second problem was finding a source of revenue to support the borrowing. • ~.nd-4.wk4 - ~ Yt~ _.__ R Faiod i 1999 0.50 • 2000 1.00 2000 1.50 ~ 2001 2.00 2001 2.30 2002 3.00 2002 3.50 2003 4.ao 2003 4.50 2004 5.00 2004 5.50 2005 6.00 2005 6.50 I 2006 7.00 2006 7.50 j 2007 6.00 2007 e.so 2000 9.00 2006 9.50 l 2009 10.00 2009 to.so j 2010 11.00 2010 11.50 ~ 2011 ,2.00 201, ,2.50 2012 13.00 2012 13.30 2013 14.00 ~ 2013 14.50 2011 15.00 ' 2014 15.50 zols • s.oo 2015 16.50 2016 17.00 2016 17.50 2017 16.00 2017 i 18.50 2016 19.00 ~ 2018 ~n~e . 19.50 ... .._ 1 ~~ car a RidKtleld Ridlfi Nd Rsdisooved Pn~jacl 24dNay-99 - ------ - - -- _ Debt Sewioe Cash Flow Tam _ -apennt F~pe Fgarat FeymrM Frae 'best Fwm _..... _.~._. Mewl ~~ I t Maur tiM~elpal i ~ M~ 5 l d~ NMrwt t7M tlaaNr Tai fK RaraN» Tat MMiMrM 9t TeM' . F n atast RaM IeIMNt Fa MhMat ' on heeaeds Inv avasw TnMtfaad -apaur~ts rnwR t b,~nt N9w l90li Olslrfat a0D 7$110.00 0.00 72.Ha00 0.00 72410.00 a0D 15000 00 0.00 0.~ _ ate- 54.307.50 54.307.50 34.30L50 : 15~p00~0p p,OD a00 QOp 97.N0.00 54.307.50 5/.307.50 51,307,50 000 0 00 0.00 99.307.50 ' 55,000.00 S eO% 54,307.50 54.307.50 ~ 51.307.50. 0'~ . Q0D 0.00 51.307.50 • . 41.320.00 96.320.00 Q00 a0D 0 00 0.00 54.307.50; ~ Bo.ooo.ao s.6ox 39,725.00 39 72s ao 39.72s.oo 99 ns oo a ~ aoo . slooao 99.320.00 31.32sao ~~~~ . . 37,995.00 , . 37,965.00• o o a00 a00 5,40a00 94,325.00 99.725.OO 60.000.00 5.90% 37,905.00 97,905.00 • a00 a00 1a900.00 27,195.00 i 37.995.00 36.215.00 36.215.00 Q00 000 10,/00.00 97195.00 97,995.00 65.000.00 5.80% 36.215.00 101.21Q00 .0 00 Q00 10,900.00 25.415.00 34215.00 70 000 00 6 00% 34,297.50 34,297.50' , 0'~ a00 a00 10,900.00 10 600 00 9QI/400 /01,215.00 . . . 34,297.50 3219750 104.297~p ~ Q00 Q00 , . 10.600.00 b,~,50 93 497 bp ~~~' 10 0 75.000.00 6.ao1c 3z197so 32.19750; ,07 ,97 50 ~ aao 1Q9oaao . . 21,397.50 4.2975 321a 5o j 60.000.00 6 10% z9,a47.5o . . 29,9aso: a00 aao 0.00 1o.9oaoo 10.600 00 osszso . /97,197.50( r . 29,947.50 109,947.50 0.00 0 00 . /9,1Q.50 29,947.50 es,oooo0 8 1ox 27,so7so 27,sw.so~ aao . aoo 10:500.00 10 900.00 99,14750 ta,947.50~ . 27507.so 11250750 aoo 0 ~ , 14fi750 27,507,40! 90.000.00 6.20% 21.915.00 24 915 00 24,915.00 111 915 0 a ~ ' 000 14900.00 10,900.00 /01.701',60 14,115.00 112,SOL5pf 914 24 ~ . . 2212400 . . 0 21125.00: O .0 0 aoo ap° 1pl.paoo 104.115.00 u0D . „4,wa.9oC .. 85,000.00. 6.20% _ . 22125.OD „7.123.00: app app ,01900.00 11,32400 22,25.00 - - 19,1eooo 19.1eaao~ 0 00 O.p9 10,900.00 ,06,323,00 117125:00 100,000.00 6.30% 19,19Q00 119.190.00, . aao aoo /aeoaao 4390.00 l 19,190.00 14p3aoo 14030.OOi 0 ~ apo . 1aa0aao to43eopo , . 119;1eooat 105,000.00 6.30% 16.000.00 121.000.00 • . oA0 a00 /R904W 5;230.00 14000.001 11 1171230 1 2.72250' QOp Q00 10,900.00 110.230,00 121 0.000.00 6.40% 12,72250 122,722.s0' 0 00 Q00 1Q900.00 1,92250 1 722.Spi 9.202.50 9'202.50 ~ . a00 a00 10,900.00 111,92250 122,72250 120.000.00. 6.10% 9,202.50 129.202.50 aao a00 9,20150 a00 9,20250 125.000.00 6 50% 5'~~ 5.36150' a00 oao 0.00 ta9oaao 5 35150 119,40¢.59 129,20250: . 5,36250 130.362.50: a0o aoo , E 1 Q~: 40.000.oo 6 50% 1.300.00 1.3ooao, aao apo 14900.00 1 3o0 ao 119,562. 13 ! . 1.300.00 41.300.00 0.00 0.00 , . 10 900 00 9.00 1,300,p0I 0.00 6:60% opo 0. aoo ooo apo . . aoo 30.500.00 Q0D 41.300.00 00 aoo a00 ~ 0 00 ap0 ~e 0.00 6.60% 0.00 O.OD- 0.00 ~ 0.00; O.OD nM Q0 0 _~ . ~'~ 0.00 p'~ app ~ a00~ Prsp9led by Ehlers/Publwlorp. Inc. PAGE 1 ~' City of Richfield, Minnesota Taxable Variable Rate G.O Bonds (Richfield Rediscover Project) Series 1999 SOURCES b USES Dated 06/01/1999 Delivered 06101/1999 SOURCES OF FUNDS Par Amount of Bonds ....................................................... ............ 11,730,000.00 TOTAL SOURCES .............................. ................... ........................... 51,730,000.00 USES OF FUNDS _ Total Underwriters Discount (1.500%) ................................. •---••_-• --.. 25.950.00 Costa of Issuance ...........................................».:..»........................... Deposit to CapitaNzed Interest (CIF) Fund 30.000.00 ......................................... Deposit to Project Construction Fund 221 594.30 ................................................ Roundiry AmourK .... 1.450,000.00 ..................................................... .......... 2,455.70 TOTAL USES .................................................... ........ 51,730,000.00 Ehlers 6 Associates We = RICH-t?EOISCOVER SRRedris-2b- S//VC,/F PVJZpO~ Leaders in Public Finance 5?4/fD99 l1:0! AM -~ EXHIBIT C ~ FREERS & ASSOLIATES,N~ MEMORANDUM TO: Bruce Palmborg -City of Richfield CC: Bruce Nordquist -City of Richfield Pam Bookhout -City of Richfield Chris Regis -City of Richfield Mert Link -City ofRichfield Katia Medvetski -City of Richfield FROM: Sid Inman -Ehlers ' DATE: July 7, 1999 ~: Ricbfeld Rediscovered Loon P9yb~ck As we proceed with the analysis of the funding sources for future Richfield Rediscovered Projects, !want to insure that we are all operating under the same assumptions regarding the amount of tax increment generated, the amount of the outstanding loans and the tenor and method of loan payback. • Enclosed for your review is an analysis of all of the Richfield Rediscovered tax increment districts. At the current time you have 8 districts with 20 separate projects that are generating tax increment. You will note that we arc projectins that after a deduction for 10'/o administration, 15% for the housing trust fund (currently eaz marked for future Richfield Rediscovered projects) and .25% for the state auditor,.vou have an annual balance of $55 792 available to }~, offvo loans. You should be aware that due to the restncttons in pooling this amount can only be spent for costs incurred within the district. Since all costs have been incurred the only expenses to be paid back are the city loans. Also enclosed !or your review is a break down of the balance due on the loans as of I2-31-98 and a payback schedule. Asper the City Councils direction we have attempted to pay back al! of the loans. Since there is insufficience funds to pay all principal back we have not applied an interest rate. The chart shows that by applying the available tax increment to the loans and using a 0% interest rate, you will repay all of the money loaned from the water and sewer funds and $977,893.18 of the loans from the Development Account. Please review this information and confirm if this is your understanding of the agreed solution. If so let me know and 1 will prepaze individual payment schedules for each loan. 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Background: The practice of therapeutic massage has increased iri popularity in recent years and staff continues to receive calls from individuals who are interested in providing the service of massage therapy in our City. Massage therapy is administered to individuals for the purposes of maintaining, restoring and enhancing health; relaxing musculature; increasing range of motion, reducing stress; relieving pain; and. improving circulation or lymphatic flow, or both. It has been found to be very beneficial to those individuals who may be injured or ill, or as a means of relieving stress and providing relaxation. Massage therapy has become widely accepted as a legitimate form of massage and can be obtained through stand-alone salons or in conjunction with hair care establishments. Currently. individuals practicing legitimate massage therapy must comply with the City's commercial adult oriented services ordinance which has been in place for some time and, when originally drafted years ago, was intended to regulate the saunas in the City that often consisted of illegal massage based activity. These businesses were often a "front" for prostitution and other illegal activity. . The license fees for commercial adult oriented services are currently $1500 for the adult oriented business license with a $1500 background investigation fee. Individual employees at those establishments would also be required to be licensed at $50 per year, with a background investigation fee of $124 per individual. The requirements and fees of this ordinance are prohibitive for those individuals wanting to practice legitimate massage therapy and who have requested that the City update their ordinance relative to the practice of massage therapy and its growing field. The draft of the therapeutic massage ordinance includes provisions that contain educational requirements for all massage therapists, as well as zoning, sanitation and health requirements. Staff from zoning, fire, inspections., health, police and legal have all reviewed the draft and provided their input and recommendations. It is recommended that each business be individually licensed at a fee of $500 annually, with an initial background investigation fee of $500. Individual massage therapist license fees would be $50, with aone-time background investigation fee of $50. Therapists must be associated with a business that is licensed in order to practice massage therapy and must be licensed by the City. Community Development and Public Safety staffs have also met with a business owner in the City who has expressed an interest in incorporating massage therapy into his existing full service hair salon. He has reviewed the draft ordinance and provided staff with feedback, recommendations and comments relative to the contents of the draft ordinance. On August 2, 1999, staff was directed by the City Council at a Study Session to proceed with scheduling a first reading of a therapeutic massage ordinance. A resolution ~-i amending Appendix D for fee additions is attached for Council's review but action will not be taken until the public hearing on September 13, 1999. Recommended Motion: Approve first reading of an ordinance that would license and regulate the practice of therapeutic massage in the City, and schedule a public hearing and second reading for September 13, 1999. Basis of Recommendation: 1. Therapeutic massage is a growing field that provides legitimate massage therapy services to individuals for a wide range of health, stress reduction and relaxation reasons. 2. Due to the high level of education and insurance requirements for a therapeutic massage license, it is unlikely this will provide for any illegal prostitution related activities. 3. There is a comprehensive, restrictive adult oriented ordinance that will remain in place that will effectively address any illegal prostitution related activities, should they occur. Alternative Recommendation: The Council could decide not to direct staff to proceed with a therapeutic massage ordinance. This would mean that businesses and individuals wanting to provide legitimate massage therapy would need to comply with the contents of the current commercial adult-oriented service ordinance. Discussion/Decision Mode: Council is asked to approve first reading of an ordinance that would license and regulate the practice of therapeutic massage in the City and schedule a public hearing and second reading for September 13, 1999. Re ully subm' ed, A ~' Stev n L. Devich Acting City Manager SLD:cak ~-a BILL NO. AMENDMENT TO SECTION XI OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD BY ADDING A NEW SECTION 1188 ENTITLED THERAPEUTIC MASSAGE THE CITY OF RICHFIELD DOES ORDAIN: Chapter XI of the ordinance code of the City of Richfield entitled, "Business and Trade Regulations" is hereby amended by adding the following new Section 1188 entitled Therapeutic Massage: Section 1188: Therapeutic Massage 1188.01 Findings. It is found and determined that: a. persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 1188.03 Definitions. The terms defined in this section have the meanings given to them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3 "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. "Therapeutic massage enterprises" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69. Subd. 6. "Therapeutic massage therapist" means a person who practices or .administers massage to the public for consideration. ~-3 Subd. 7. "In the ci "means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from within the city. 1188.05 License required. Subd. 1. Therapeutic massage enterprises. It is unlawful to operate, offer, engage in or carry on massage services in the city without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license. It is unlawful to practice, administer or provide massage services in the city without a therapeutic massage therapist license. 1188.07 Exemptions. A therapeutic massage enterprises license or therapeutic massage therapist license is not required for the following persons and places: a. persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment and not provided as part of a separate and distinct massage business; b. persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. persons employed by and working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; this does not include therapeutic massage therapists employed as an independent contractor; d. places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. athletic coaches, directors and trainers employed by public or private schools. 1188.09 General rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 1188.11.1 License application. Subd. 1. Therapeutic massage enterprise The application for a therapeutic massage enterprise license must contain the following information. a. For all applicants: (1) whether the applicant is an individual, corporation, partnership or other form of organization; (2) the legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; ~-`~ (3) the floor number, street number and rooms where the massage services are to be conducted; (4) whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspection, no plans need be submitted. (6) The name and street address of the business if it is to be conducted under a designation, .name or style other than the. name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02. (7) Other information that the city council may require. b. For applicants who are individuals: (1) the name and date of birth of the applicant and the applicant's residence address; (2) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States; (4) residence addresses of the applicant during five years preceding the date of application; (5) the type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; (6) names and addresses of the applicant's employers for the preceding five years; (7) if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (8) if the applicant has ever been engaged in the operation of massage services; if so the applicant must furnish information as to the name, place and length of time of the involvement is such activity. c. For applicants that are partnerships: (1) the names and addresses of general and limited partners and the information concerning each general partner described in subd. 1.b. of this section; (2) the managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license, if issued, will be in the name of the partnership. d. For applicants that are corporations: ~~~ • (1) the name of the organization, and if incorporated, the state of incorporation; (2) a true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02 and information of the nature described in subd 1.b. regarding such persons; (3) the name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subd. 1.b.; (4) a list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subd. 1.b. of this section. Subd. 2. Therapeutic massage therapist An application for a therapeutic massage therapist license must contain the following information: a. the applicant's name and address; b. the applicant's current employer; c. the applicant's employers for the previous five years, including employer's name, address and dates of employment; d. the applicant's residence address for the previous five years; e. the applicant's date of birth, home telephone number, weight, height, color of eyes and color of hair; f. if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense, and if so, the time, place and offense involved in the convictions; g. whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States; h. if the applicant has every used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; i. evidence that the applicant: (1) is a member in good standing of the American Massage Therapy Association, the Associated Bodywork and Massage Professionals or other organizations of therapeutic massage professionals which has a similar written and enforceable code of ethics, and has been currently approved by the public safety director; (2) has current insurance coverage over $1,000,000 for professional liability in the practice of massage; (3) is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the city; (4) has completed 400 hours of certified therapeutic massage training from a recognized school accredited by one of the national organizations described in paragraph (1); (5) has at least two years of experience practicing massage therapy. j. Other information that the city council may require. 1188.13 Application and investigation fees. The fees for a massage enterprise and massage therapist licenses are as provided in Appendix D. A background investigation fee will be charged for all new therapeutic massage enterprise -!o licenses and therapeutic massage therapist licenses and are as provided in Appendix D. An application for either license must be accompanied by payment in full of the required license and investigation fee. 1188.15 Application verification and consideration. Subd. 1. Therapeutic massage enterprise license. The public safety director must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 21 days of receipt of a completed application and fee for a therapeutic massage enterprise license, the public safety director must make a written recommendation to the city council as to issuance or non-issuance of the license. The city council may order additional investigation if it deems it necessary. Subd. 2 Therapeutic massage therapist license. The public safety director must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 21-days of receipt of a complete application and fee for a therapeutic massage therapist license, the public safety director must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the city council within 14 days. If an appeal is properly made, the matter will be placed on the next available council agenda. 1188.17 Persons ineligible for license. Subd. 1. Therapeutic massage enterprise license. A therapeutic massage enterprise license may not be issued to an individual who: a. is a minor at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. is not a citizen of the United States or a resident alien or has the legal authority to work in the United States; d. is not of good moral character or repute; e. is not the real party in interest of the enterprises; f. has misrepresented or falsified information on the license application; g. owes taxes or assessments to the State, county, school district or city that are due and delinquent. Subd. 2. Therapeutic massage therapist license. A therapeutic massage therapist license may not be issued to a person who cannot meet the requirements in 1188.17 subd. 1, paragraphs a - g or who is not (1) affiliated with, (2) employed by or (3) does not hold, a therapeutic massage enterprise license by the city or cannot meet the definition of a therapeutic massage therapist in section 1188.03 or in 1188.11 subd. 2. (paragraph I). 1188.19 Locations ineligible for therapeutic massa a enterprise license. M ~~ Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise • is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01 - 278.13, questioning the amount of validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Subd. 2. Zoning compliance. A therapeutic massage enterprise may not be licensed if the location of such enterprise is not located in one of the general commercial districts of the city and does not meet all zoning requirements. 1188.21 General license restrictions. Subd. 1. Posting. A therapeutic massage enterprise license must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in their possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area. A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises are enlarged, altered or extended, the licensee must inform the public safety director. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises. Subd. 3. Affiliation with enterprise required. A massage therapist must be employed by, affiliated with or hold a therapeutic massage enterprise business license issued by the City unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in section 1188.07 of this code. Subd. 4. Transfer. The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 5. Employment of unlicensed massage therapists prohibited. No therapeutic massage enterprise shall employ or use any person to perform therapeutic massage who is not licensed as a therapeutic massage therapist under this code, unless the person is specifically exempted from obtaining a therapist license in Section 1188.07 of this Code. Subd. 6. Coverings. The massage therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non-transparent material or clothing. A massage therapist performing therapeutic massage must have the therapist's breasts, buttocks, anus and genitals covered with anon-transparent material or clothing at all times. Subd. 7. Prohibited massage. A massage therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. lp - 0 1188.23 Restrictions re arding sanitation and health. • Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd. 3. The therapeutic massage therapist must wash their hands. and arms with water and soap, anti-bacterial scrubs, alcohol and other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprises must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Therapeutic massage therapists must wear clean clothing when performing massage services. 1188.25 License term: renewals. Licenses expire annually on December 31St of each year. The license fee will be prorated in 30 day increments for licenses issued after June 30. The public safety director must prepare an application form for the renewal of a license requiring information that the public safety director determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. Within a reasonable period after the completion of the renewal license verification process, the public safety director shall accept or deny the license application in accordance with this division. If the application is denied, the public safety director shall notify the applicant of the determination in writing and by regular and certified mail to the address ~~ provided on the application form. The notice shall inform the applicant of . their right, within fourteen (14) days after receipt of the notice by the applicant, to request an appeal of the public safety director's denial to the City Council. _1188.27.1 Suspension• revocation A license granted under this section. may be suspended or revoked by the city council by resolution upon notice and public hearing for any violation of this Chapter, conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statements in the license application or in the course of operating or conducting business. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least fourteen (14) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application. 1188.29 Temporary therapist license. Subd. 1. The public safety director may issue a temporary therapeutic massage therapist license as provided in this subsection. Subd. 2. A temporary therapeutic massage therapist license may be issued to a person who: a. is qualified to hold a massage therapist license under this code; _~ b. has completed the required application and paid the license fee at least 14 days prior to the effective date of the license. Subd. 3. A temporary license is effective for four consecutive days. A person may not be issued more than three temporary licenses during a 12 month period. The fee for a temporary massage therapist license is provided in appendix D. An investigation fee-will be charged for temporary therapeutic massage therapist licenses and is also provided in appendix D. 1188.30 Hours ofHours of operation. A licensed therapeutic massage enterprise may not operate for business between the hours of 10 p.m. and 8 a.m. of any day. 1188.33. Inspections. A peace officer or any properly designated employee of the City or the State of Minnesota may enter, inspect and search the business premises of any therapeutic massage establishment, during business hours without a warrant. Passed by the City Council of the City of Richfield, Minnesota this day of 19 ' Martin J. Kirsch, Mayor ATTEST: r Thomas P. Ferber, City Clerk ~~i~ • • RESOLUTION NO. RESOLUTION AMENDING ESTABLISHED 1999 LICENSE, PERMIT AND MISCELLANEOUS FEES PURSUANT TO THE PROVISIONS OF APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. License, permit and miscellaneous fees required under the ordinances of the City of Richfield shall be stated in Appendix D of the Ordinance Code of the City of Richfield. 2. The following shall be added to Section 5. Amusement and Recreation Licenses and Permits: Type of Permit Section Or License Requiring Description Fee (15) Massage 1188 Therapy Enterprise License (Business license) Massage Therapist License (Individual license) Temporary Massage Therapist License Annual license 1 year $500.00 Investigation fee (new license) $500.00 Annual license 1 year $ 50.00 Investigation fee (new license)$ 50.00 Per temporary location $100.00 Passed by the City Council of the City of Richfield, Minnesota this 1999. ATTEST: Thomas P. Ferber, City Clerk day of , Martin J. Kirsch, Mayor CITY OF RICHFIELD, MINNESOTA Council Letter No. 196 Agenda August 23, 1999 Issue Statement: First reading of an ordinance amendment rezoning land between Aldrich Avenue and one-half block east of Garfield Avenue and 76th to 77th Streets from R (single family residential), C-1 (neighborhood commercial) and C-2 (general commercial) to PC-2 (planned general commercial). Background: CSM Properties, Inc. is proposing to construct a mixed land use development on Lyndale Avenue between 76th and 77th Streets. All of the property currently zoned C-1 (neighborhood commercial), C-2 (general commercial) and R (single family residential) would be rezoned to PC-2 (planned general commercial). The existing commercial and single family uses would be replaced with amixed-use planned unit development (PUD). The PUD plan consists of the following components: 76,000 square feet of retail and office space on the west side of Lyndale Avenue, 160 units of senior housing and 38,000 square feet of office space on the east side of Lyndale Avenue, and 32 townhouses along the east side of Garfield Avenue. The City Council is being asked to initiate the rezoning because the developer does not have title to all parcels. The rezoning will become effective on a sub-area by sub-area basis as the developer comes into title of all the property in a sub-area. To illustrate, sub-area one is between Lyndale and Garfield Avenues. When the developer has title to all the property in that sub-area, the rezoning becomes effective. West of Lyndale Avenue is sub-area two. When the developer owns all the property in sub-area two, the rezoning will become effective. When the developer has title to all the property in sub-area three east of Garfield Avenue, and provided that the rezoning for sub-area one is effective, the rezoning for sub-area three will be effective. This approach will permit redevelopment of the three sub-areas to move forward on their own schedule. It also links the rezoning of the area east of Ganteld Avenue to the area between Lyndale and Garfield Avenues. If for an unforeseen reason the senior housing project doesn't proceed, the townhouse development east of Garfield Avenue would not proceed. Recommended Motion: Approve first reading of an ordinance rezoning land between Aldrich Avenue and one- half block east of Garfield Avenue and 76th to 77th Streets to PC-2 and set a public hearing and second reading for September 13, 1999. Basis. of Recommendation: 1. The City Council can initiate a rezoning. The rezoning request is then sent to the Planning Commission for review. 2. The Planning Commission and City Council will also review a planned unit development plan, final development plan and conditional use permit for the proposed development. 3. The rezoning will not be effective until the developer holds title to all properties in a sub-area as described in the attached draft ordinance. 4. The proposed development is consistent with the Lyndale Gateway: A Redevelopment Plan and Study conducted by the. Planning Commission and accepted by the City Council in 1996. The Lyndale Gateway study is referenced in the Comprehensive Plan as a concept for the area. r~~~ 5. This area has been identified for redevelopment since 1985. 6. The HRA approved a Contract for Private Development with CSM for redevelopment of this area. Alternative Recommendation: Deny this rezoning at first reading. Discussion/Decision Mode: First reading is set for August 23, 1999. If approved, a public hearing and second reading will be scheduled on September 13, 1999. g City Manager SLD:cak r BILL NO. ~~ AMENDMENT TO SECTION OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: 1.01 Appendix 1 of the zoning ordinance code of the City of Richfield, which describes the boundaries of various zoning districts of the City, is hereby amended: A. Section 2, Paragraph (3) is amended to read as follows: B. Section 3, Paragraph (25) is amended to read as follows: (25) M-14 (VV of Lyndale between 75th and ~~76th) That area lying between the center lines of Lyndale Avenue and the alley of block 25, Irwin Shores Addition ' ,and between the centerlines of 75t"and ~~' 76t" Streets. C. Section 3, Paragraph (31) is amended to read as follows: (31) M-16 (E of Lyndale near 76thZThat area lying between the center lines of Lyndale Avenue and Blocke~r~ 8 of Sunset Terrace Addition, and between the center line of 76th Street and the north line of Sunset Terrace Addition. (9) M-~ 4, 16 (E and W sides of Lyndale Avenue between 76th and 77th} That area Y q between the center Ime of Aldrich and 164 5 feet east of the center line of Ga~eld Avenue and between the centerlines of 76th and 77th Streets. 2.01 This amendment constitutes a rezoning of the following property: 7600- 7645 Lyndale Avenue; 7600-7639 Garfield Avenue; and 7601, 7609, 7615, 7621, 7627, 7633 and 7639 Aldrich Avenue. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of August 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk D. Section 7, Paragraph (9) is added to read as follows: CITY OF RICHFIELD, MINNESOTA Council Letter No. 197 Agenda August. 23, 1999 • Issue Statement: Award of contract for recreational site improvements at the Academy of Holy Angels. Background: The recreational fields on Academy of Holy Angels property have been identified for redevelopment as part of the Ballfield Replacement Project (along with the Junior High/Donaldson Park, Washington Park, Roosevelt Park and Richfield Intermediate School). The project replaces recreational facilities being displaced by the construction of the North/South Runway. Bids for the Holy Angels site were accepted. and opened on July 6, 1999. However, all bids received were too high. After reworking the plans and specs, bids were re-solicited, accepted and opened on August 13, 1999. Ingram Excavating has delivered the apparent low bid (a copy of the bid minutes/tabulation is attached for Council review). Ingram Excavating has submitted a base bid in the amount of $197,250.00. They have provided the following bid alternates: Add Baseball Rack $800.00 Add Baseball Holders $600.00 Add Baseball Field Box $800.00 Add two bleachers $11,800.00 Install turf and/or sod instead of seed $28,675.00 Install bituminous walk instead of concrete -$2,290.40 Recommended Motion: Accept the bid minutes/tabulation and award contracts to Ingram Excavating for the recreational site improvements at the Academy of Holy Angels, accepting a base bid of $197,250.00. Authorize staff to proceed with any alternates allowed by available funding (Note: Alternate #6, regarding bituminous walks instead of concrete, is a deduct in the amount of $2,290.40). In considering these alternates, priority would be placed on Alternate #4, regarding bleacher installation ($11,800.00), and Alternate #5, regarding turf/sod installation instead of seed ($28,675.00). Basis of Recommendation: 1. The bids were opened according to legal requirements on August 13, 1999, and bid amounts and references. have been checked and verified. 2. The City has received a $2,000,000 grant from the State of Minnesota for the Ballfield Replacement Project, which includes the Holy Angels site. After reviewing the contract amounts for all of the project sites, staff has determined that there is sufficient balance to cover this low bid from Ingram Excavating (with the possible addition of some of the alternates). 3. A lease agreement between AHA and the City defining the joint use and maintenance of the fields was approved by the Council at the May 24 meeting 4. Holy Angels neighborhood meetings were held in April and May to discuss proposed plans, design and funding for the project. Neighbors will be notified of the second advertisement for bid and the revised project timetable. ~-i 5. The City Council approved the plans and specifications and authorized advertisement for bids for the AHA site improvements at the May 10 meeting. Alternative Recommendation: 1. Council may award just the base bid in the amount of $197,250.00. 2. Council may reject the bids and direct staff to re-advertise. However, staff does not believe a better price can be obtained from a reputable vendor. 3. Council may elect to award a contract to another bidder. However, the consultant has verified bid amounts, checked references, and has recommended award to this bidder. 4. Council may reject bids and direct staff and the consultant to amend the specifications prior to re-advertising for bids. Discussion/Decision Mode: In order to begin the project in a timely fashion, staff is requesting action at the August 23, 1999 Council meeting. R pe tfully submitted, e n L. Devic Acting City Manager SLD:cak Attachment • CITY OF RICHFIELD, MINNESOTA Bid- Opening August 13, 1999 Academy of Holy Angels Recreational Site Improvements City Project #421-40-754 ~a Pursuant to requirements of Resolution No. 1015, 'a meeting of the Administrative Staff was called by Thomas Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for Recreational Site Improvements for Academy of Holy Angels, as advertised in the official newspaper on July 28, 1999. Present: Thomas Ferber, City Clerk Jim Topitzhofer, Recreation Services Director Cheryl. Krumholz, City Manager Representative • c: The following bids were submitted and read aloud: Bidder's Name/City Bid Security Total Base Bid Amount Alternates C M Construction Co, Burnsville 5% Bid Bond $ 377,526.00 1. $1200.00 2. $700.00 3. $300.00 4. $30,000.00 5. $38,750.00 6. $4,908.00 Ingram Excavating Inc. Eden Prairie 5% Bid Bond $197,250.00 1. $800.00 2. $600.00 3. $800.00 4. $11,800.00 5. $28,675.00 6. $2,290.40 The City Clerk announced that the bids would be tabulated and considered at the August 23, 1999 City Council Meeting. Thomas P. Ferber City Clerk 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 197A Agenda August 23, 1999 Issue Statement: Approval of City Manager employment agreement with Samantha Orduno. Background: The City Council has been conducting a search for a City Manager with the assistance of The PAR Group and Jim and Lisa Lynn of Lynn & Associates, Inc. Interviews were conducted on August 13 and 14, 1999 and a candidate was selected for the position. On August 14, the City Council tendered an offer of employment to Samantha Orduno who is presently. the City Manager of Carpinteria, CA. Ms. Orduno also has relevant experience in Minnesota as the former City Administrator of Mounds View and Assistant City Manager of New Brighton. The City Council's offer of employment also included a commitment from Ms. Orduno to take up residency in the City of Richfield. To that end, the City Council will provide Ms. Orduno a reasonable period of time to find suitable housing. Ms. Orduno will be able to assume the position of City Manager in mid-October. Presently, staff, along with The PAR Group, is preparing a formal employment agreement with Ms. Orduno. This agreemenfi stipulates the terms and conditions of her employment, specifying matters pertaining to salary and benefits as guided by the City Council. Ms. Orduno's starting annual salary will be $96,000. Other terms of the agreement will be available for Council and public review on Monday, August 23. Recommended Motion: Approve the employment agreement with Samantha Orduno, appointing her to the position of City Manager. Basis of Recommendation: 1. The City Manager search process has been concluded and the City Council has unanimously voted to offer the position to Samantha Orduno. 2. Ms. Orduno has accepted the offer and indicated to the City Council that she will establish residency within the community. 3. The City and Ms. Orduno have reached an agreement on the terms and conditions of her employment in the form of an employment agreement. ~j-! Alternative Recommendation: 1. The City Council could decide upon other terms of employment than those presently contained within the employment agreement. 2. The City Council could decide not to approve the agreement. Discussion/Decision Mode: This issue has been scheduled for the August 23, 1999 City Council meeting so that the City Manager appointment can be finalized. .~ r ng City Manager SLD:cak