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04-12-99 agenda
CITY OF RICHFIELD, MINNESOTA • MONDAY, APRIL 12, 1999 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 MARCH 22, 1999 AND (2) REGULAR CITY COUNCIL STUDY SESSION OF APRIL 5, 1.999 PRESENTATIONS 1. PRESENTATION OF BUILDING WITH VISION AWARD TO RICHFIELD TRANSMISSION FROM RICHFIELD PLANNING COMMISSION 2. PRESENTATION FROM CYNTHIA MANDL, FRIENDSHIP CITY COMMISSION AMBASSADOR, REGARDING RECENT TRIP TO HEREDIA, COSTA RICA INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER • COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED. ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF OFF-STREET PARKING PERMIT FOR 6333 CEDAR AVENUE TO ALLOW BUILDING ADDITION C.L. 72 B. CONSIDERATION OF APPROVAL OF TRANSITIONAL USE PERMIT AT 200 WEST 78TH STREET TO ALLOW CONTINUED USE OF PROPERTY AS SELF-STORAGE FACILITY C.L. 73 C. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH HENNEPIN COUNTY FOR CONSTRUCTION OF TRAFFIC SIGNAL AT 64TH STREET AND PORTLAND AVENUE C.L. 74 D. CONSIDERATION OF APPROVAL OF RESOLUTION REQUESTING VARIANCE TO RULES OF MUNICIPAL STATE AID DIVISION OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC CONTROL SIGNALS AT 64TH STREET AND PORTLAND AVENUE. C.L. 75 E. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT TO RYAN'S TREE SERVICE, INC. FOR 1999 REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY FOR ESTIMATED TOTAL OF $53,775 C.L. 76 F. CONSIDERATION OF APPROVAL OF ISSUANCE OF NEW ON-SALE 3.2 PERCENT LIQUOR LICENSE FOR VISION RESTAURANTS LLC, DBA GODFATHER'S PIZZA, 2 WEST 66TH STREET C.L. 77 PUBLIC HEARING 6. PUBLIC HEARING REGARDING REQUEST FOR RENEWAL OF TEMPORARY CONDITIONAL USE PERMIT TO ALLOW USE OF 6529 PENN AVENUE AS AUTO DEALERSHIP COUNCIL LETTER NO. 78 PROPOSED ORDINANCE 7. FIRST READING OF TRANSITORY AUTHORIZING SALE OF CITY INTEREST IN PROPERTY LOCATED AT 7545 PENN AVENUE TO HRA TO COMPLETE APARTMENT REMODELING PROGRAM INITIATIVE COUNCIL LETTER NO. 79 RESOLUTIONS 8. CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 123 BARGAINING UNIT, FOR 1999 AND 2000 COUNCIL LETTER NO. 80 9. CONSIDERATION OF RESOLUTION AWARDING SALE OF $1,660,000 GROSS • REVENUE ICE ARENA BONDS, SERIES 1999; FIXING FORM AND SPECIFICATIONS; DIRECTING EXECUTION AND DELIVERY; AND PROVIDING • FOR PAYMENT COUNCIL LETTER NO. 81 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 10. RECEIVE STATUS REPORT CONCERNING URBAN VILLAGE DEVELOPMENT AND AUTHORIZE COMMERCIAL PORTIONS OF DEVELOPMENT TO PROCEED AND BUILDING PERMITS TO BE ISSUED COUNCIL LETTER NO. 82 11. CONSIDERATION OF LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 280 REGARDING BALLFIELD REPLACEMENT COUNCIL LETTER NO. 83 12. CONSIDERATION OF APPROVAL OF CONTRACT WITH PAR GROUP FOR EXECUTIVE SEARCH SERVICES COUNCIL LETTER NO. 84 13. CONSIDERATION OF RELEASE OF ATTORNEY/CLIENT PRIVILEGE TAPE • RECORDING COUNCIL LETTER NO. 85 AIRPORT BUSINESS 14. AIRPORT STATUS REPORT CORRESPONDENCE 15. LEGISLATIVE REPORT COUNCIL CHOICE 16. COUNCIL DISCUSSION ITEMS 17. CLAIMS AND PAYROLLS 18. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. • /3 CITY OF RICHFIELD, MINNESOTA Council Letter No. s5 Agenda April 12, 1999 Issue Statement: City Council consideration of release of attorney-client privilege tape recording. Background: In 1998 the City Council gave careful consideration to the City's position and course of action with respect to the Metropolitan Airports Commission's decision to build a new North-South Runway. As a part of those deliberations, the City Council held a number of closed executive meetings with the City's attorneys to discuss the City's position and strategy with respect to those matters. One such meeting of particular importance occurred on December 16, 1998. This meeting, with the other such meetings, was tape recorded by the City Clerk. After the City's decision to reach a negotiated settlement with the Metropolitan Airports Commission (MAC) regarding the construction of the North-South Runway and that runway's impact upon Richfield, the Sun Current newspaper requested that the tape of the December 16, 1998 meeting be made public. The Sun Current asserted that since the opportunity to pursue litigation had lapsed the attorney-client privilege no longer existed. The City refused to release the tapes and that decision was upheld by the State Attorney General. At the Council meeting of March 22, 1999 a motion was made to voluntarily release the meeting tape of December 16, 1998. The motion was tabled pending a written direction regarding this voluntary disclosure from. Charles Dayton, the attorney who worked most closely with the City on the airport matter and who was the legal counsel present at the closed meeting at issue. Mr. Dayton responded to the City Council citing a number of reasons why he would recommend not voluntarily waiving the attorney-client privilege and releasing the tape. Recommended Motion: The City Council should carefully consider this matter and make a determination as to whether the tape should be voluntarily released. Basis of Recommendation: 1. The City Council retains attorney-client privilege concerning the tape recording of a closed City Council meeting on December 16, 1998. 2. Some members of the public and some Council Members have requested the release of the tape. 3. The City Council has received guidance from attorney Charles Dayton concerning • the matter of voluntarily releasing the tape and waiving the attorney-client privilege. 1'~-I • Alternative Recommendation: The City Council could consider this matter at a future date. Discussion/Decision Mode: This item was scheduled on April 12, 1999 to provide an opportunity for a prompt response to this matter. R ectfully submitted, !!~ n . Devich Acting City Manage SLD:ds .J • is - CITY OF RICHFIELD, MINNESOTA Council Letter No. s4 Agenda April 12, 1999 Issue Statement: Approval of contract with the PAR Group for executive search services. Background: The City Council previously interviewed three executive search firms and selected the PAR Group headed by Paul Reaume. Prior to executing a contract for these services, the PAR Group was to work with Jim Lynn to establish a process and timetable agreeable to the City Council City staff and Mr. Lynn have worked with Paul Reaume to customize a process and schedule that meets the City Council's needs. The schedule and process steps will now be made a part of the contract with the PAR Group to be executed by both parties. Recommended Motion: Authorize the Acting City Managerto execute a contract for executive search services with the PAR Group in an amount not to exceed $13,500 plus reimbursable expenses. Basis of Recommendation: 1. A schedule and process that meets the City Council's-objectives has been developed with the PAR Group. 2. The PAR Group was selected by the. City Council to perform executive search services. 3. A contract now needs to be executed in order for the work to begin. Alternative Recommendation: 1. The City Council could seek different contract terms. 2. The City Council could delay action on this contract. Discussion/Decision Mode: This item has been scheduled for the April 12, 1999 City Council meeting in order to allow the search. process to begin without further delay. Re a ully submitted, ve . Devich Acting City Manager S SLD:cak THE PAR GROUP ' Paul A. Resume, Ltd. Public Management Consultanrs Cetebratinfl 25 Years Service to a National Ci~entele VIA PAX Mayos and Gty Council City of Richfield 6700 Portland Avenue Richfield, MN 55423 ?Match 18,1999 CHICAGO t oo ~~ win aoae, SuAO zoo take BIuM, IMKaro 80044•tt+9~ TEl. 047/23~h0pps F/1X 847/234•t1309 E-Mstl par9roup@iNSn~oase,opa ~' Dear Mayor and Coundl Members: We are pleased to respond to your request for our firm to propose how we can assist the City of Richfield in the successEut recruitment; screening, interviewing and selection of Candidates from which y the Gty Couneit may appoint a Gty Mainager tD succeed Jim Prosser. We have known Mr. Prosser and your past City Managers professionally over the past 30 years and are aware of the values and integrity they adhered to iin service to your community. We would be privileged to be selected to assist you in recruiting Candidates of like character and expertise. The PAR Group -Paul A. Resume, Ltd. consults exclusively in the public sector, serving the needs of local government nationwide with corporate offices located in suburban Chicago. The PAR Group is headed by Paul A. Resume, a former Gty Manager who has provided consulting search services to local governments nationwide continuously for over twenty-six years-since 1972. Our Principals have over 17S years' cumulative. operations and consulting experience in the field of local government; and have conducted a large number and variety of local government and not-for-profit recruitments for a national clientele. Clients have included [Deal governments of under 5,000 to one million population, • with budget responsibilities exceeding a billion dotlars. The Cum's quality of work and sensitivity to Clients' needs and concerns are recognized hallmarks--our firm was a pioneer in local government recruitment and is considered a leader in the public management consulting field. We have reevtr failed to recommend a group of qualified Candidates for Client consideration. We have conducted executive recruitments throughout the United States and have successfully completed more local government recruitments in the Midwest than any other firm (please see enclosed Client List). We have worked successfully with a wide variety of elected and appointed Officials in local government. For example, we have conducted recruitments foe the Minnesota municipalities of BrooWyn Park Burnsville, Coon Repids (5), Fridley, Hibbing, Hopkins, Minnetonka (2), Moorhead (3), Jak Park Heights, and Ramsey County. Officials in these cities can attest to the thoroughness and professional nature of our services. In addition to our extensive experience in recruitment of public management professionals for local governments, our firm hasbeen sought out to assist related public interest associations in mruitment of top staff, including the Exec~rtive Directors for the ;tTational League of Cities (`TLC), National Association of Counties (tiACo), International Institute of Municipal Clerks PING), International Association of Assessing Officers (IAAO), National Assodation of Housing and Redevelopment Officials (NAHRO), American Public Works Association (AP'WA), National Assodation of Regional Aesiatmp in the Ach~avament a Excellence in the Public Service Since t972 City of Richfield, Minnesota page 2 ~~~ Counals (NARC), National Forurtt for Black Public Administrators (NFBPA), and the President of Public Technology, lne. (PTI). We are contently conducting an Executive Director recruitment for the National Community Development Association (NCDA). Our executive search process is highly professional and personalized. We will assist Richfield Officials from commencement to conclusion of the assignment; until a completely acceptable Candidate is appointed to the position. We handle all of the administrative details of the entire recruitment process, so your can limit your involvement to the significant, derision-making aspects of the selection process, thus minimizing interruption of attention to other on-going concerns and responsibilities. Our initial effort in assisting the City of Richfield would be to develop a Recruitment Proflle that sets forth detailed qualifications for the City Manager position, reflecting both current and longer range organizational expectations relating to the position. The Proflle serves as a key instrument for recruiting and screening Candidates in accordance with the unique needs identified as particularly desirable for Rich field's City Manager position. Our executive search pc~ocess would be as follows, subject to mutually agreed upon modification: 1. Int~ryiaw, individually, the Mayor and Members of the City Council and interview Department Heads, key .Staff and others (selected rank and file employees acrid union representatives, intergovernmental, community and business leadership,. public interest groups, neighborhood representatives, etc.), as desired, all toward achieving clarity and consensus concerning the spea6c nature of duties, responsibilities and expectations of Richfield's next City Manager. Interview data will be used to prepare a Recruitment Profile for approval by the City Council (Sample Recruitment Profile enclosed). During our on-site interview activities we devote significant effort to become completely knowledgeable and familiar with the municipal organization, community institutions and leadership, Bain n sense of the dry as a place to live and work. understand intergovernmental activities/relationships, take note of racial cultural and socioecono~atic diversity, and other efforts, all to clearly understand and be able to straightforwardly present prospective Candidates (and their families) with information having an important bearing on their decision to consider the Richfield position. 2. Conduct an intensive independent professionei search and recruitment effort, utilizing an extensive local, regional and national contact network, ucRing out qualified Candidates who may not otherwise have an interest in your recruitment. • 3. Place announcements iri professional publications relating to the position under recruitment acid on the Internet to provide maximum exposure of the position's career opportunity and to ensure an open mcruitment process. 4. Process all applications received from recruitment and announcement efforts, including timely acknowledgments of receipt of application and status of recruitment information to all Applicants, on behalf of the City. 5. Screen all applications received, matching all Applicants' credentials with the spedfic criteria qualifications stated in the Recruitment Profile. 6. Interview prospective Final Candidates and make background inquiries and reference checks with current and past employers and verify claimed educational achievement. City of Richfield, l~iinnesota page 3 ~a-3 7. Present a written report to the City Council on applications received for the position, including rEsumEs and backgrouutd information on those individuals considered. to be most qualified and best suited for the position, recommending approximately tr8 such persons Eor personal intQtviQw consideration. 8. Facilitate the City Council's selection of Candidates to be invited for personal interview and appointment cortsidecation; we recommend you interview no fewer than five Candidates. 9. Prepare interview questions and procedures for use by the City Council, developing a process which will ensure that the same questions are asked of each Candidate and that each interview is thoroughly and rnnsistently evaluated. 10. Arrange for background inquiries of Finalist Candidates, to include criminal courk, aedit, and motor vehicle records checks and print media searches, as desired. 11. Coordinate arrangements for Candidates' travel to Richfield for interviews, be present during interview sessions to facilitate effective discussion and deliberation toward the City's selection of a Final Candidate, and also assist in employment negotiation between the Final Candidate and City Officials, as desired. In carrying out our recruitment process described above, our procedure #or verifyvng and evaluating an applicant's background, work history, and suitability Eor the position under recruitment is comprehensive. In a typical recruitment, we Screen the total number of applications received down to approximately thirty, by matching candidate credentials with the specific qualifications stated in the Recxuitment Profile. Importantly, our review takes place after Applicants have submitted not only their rfsumE but also supplemental materials, reflective of their specific qualifications and experience as it relates to the position under recruitment. Following telephone interviews with each Applicant from the larger pool of candidates,. we then screen the number of Applicants to approximately fifteen wherein they become Candidates for the position. Again, interview questions and judgment of qualifications is based upon criteria presented in the Recruitment Profile.. We then conduct reference checks on the remaining Candidates in an effort to ascertain each indivtdual's greatest strengths or abilities; interpersonal skills; management style; specific critical .management experiences in areas such es developing and implementing changes; analytical abilities; written/oral communication skills; weaknesses/shortcomings; personal or financial difficulties; as well as presenting en overall recommendation of the Candidate. We discreetly contact each Candidate's ctitrrent employer (including supervisors, peen and subordinates), former employers, professionals in other jurisdictions as well as other sources likely to yield valuable and pertinent information regarding the Candidate and his/her professional and personal reputation. We are prepared to undertake your assignment promptly. The Recruitment Profile will be submitted for review and approval within ten days following our on-site interviews of Richfield Officials and Staff. We will recommend Candidates to tha City Council for personal interview consideration within 60 days following your approval of the Recruitment Profile. Personal interview of Candidates could be conducted approximately ten days following the City Council's selection of Candidates for interview. Overall, the recruitment process-from the beginning _to the date of appointment of a CandidatQ-should take no more than 90 days. The enclosed timetable illustrates our suggested schedule of recruitment activities. • ~ Gity of Richfield, Minnesota page ~ is-~ All services in connection with this assignment will be performed by individuals who possess recognized municipal experience and broad executive selection judgment. Paul Resume, President of the firm, and Gerald Plock Vice President and Managing Director/Executive Recruitment Services, both of our Chicago office, will ba rQSponsible for and directly involved in your assignment. Mr. Resume wRl serve as Recruitment Director and primary contact with City Of6aals. Biographies of these persons are endosed. ~ • Our professional fee for the comprehensive services outlined above will be a fixed, not to exceed fee of 513,500 for professional services, plus reimbursement for expenses related directly to your recruitment process, such as for consultant travel, telephone/fax, postage/shipping, office support services, and printing/ photocopy, approximating 54,000 or less. The foregoing expense reimbursement does not include the cost of Candidate travel and other expenses associated with interview of Candidates in Richfield, .the cost of published professional announcements (directly billed to the City by the publishers), or the cost of court/credit/motor vehicle records and print media •searches. The professional fee is payable in three equal payments, bt7led durir-g the course of the recruitment; with the 6nc payment for professional services due upon acceptance of our proposal, the second statement billed following recommendation of Candidates, and the final one-third billing upon completion of the recruitment assignment. Reimbursable expenses may be billed on a monthly basis. Should the appointed City Manager leave the Citl/s employment for any reason within the first year of service with the City of Richfield, we will, if desired, conduct another search-for the cost of our expenses only. This letter of proposal, when approved and signed, shall constitute an Agreement between us and it may not be modified except In writing by both parties. Our liability, if any, shall- not be greater than the amount paid to us forprofescional services rendered. Richfield City Officials can be assured of our recognized, responsive, timely, and personalized • professional attention throughout the ©ty Manager recruitment assignment. We enthusiastically look forward to having the opportunity to assist you in this very important staffing responsibility. ACCEPTED BY THE CITY OF RICHFIELD, MINNESOTA BY: 17TLE: DATE: THE PAR GROUP Paul A. Roaume, Ltd. R fully submitt d, Paul A. Resume, P sident THE PAR GROUP Paul A. Resume, Ltd. ~- Apr-07-99 03:48H' Lynn to HssoClaL25 ntc ~+i~+ siszs r.vc is-s ~r TO: Richfield City Council FROM: The PAR Group and Lynn & Associates SUBJECT: City Manager Milestone Dates/Timetable DATE: April 6, 1999 -Approved by Council April 12 City Council designates City Board Chairs and Community Leadership to be interviewed and approves scheduling of Public Forum (April 21). Week of April 19 Lynn & Associates conducts Public Forum (April ZO - 6:00 p.m.) PAR Consultants and Lynn & Associates conduct Recruitment Profile Interviews of Council, Staff, Employees, and Community Leadership. May 10 Council approval of Recruitment Profile. Profile printing and placement of professional announcements. May10 Recruitment of Candidates commences. Week of June 14 City Council members individually review PAR Candidate recommendations from Executive Recruitment Report sent by PAR Group. June 18 - 21 City Council collectively reviews recommended Candidates and selects Candidates for interview (meeting facilitated by Lynn & Associates and PAR Consultants). July 8 - 9 - 10 City Council interviews selected Candidates. Week of July 12 City Council appoints City Manager. August 23 or Appointed City Manager begins duties in Richfield. or September 1 cc: Steve Devich, Acting City Manager PROPOSED CITY OF RICHFIELD, MINNESOTA CITY MANAGER RECRUITMENT INTERVIEW OF CITY MANAGER CANDIDATES DATE-TIME ACTIVITY Thursday MUNICIPAL FACILITIES/COMMUNITY ORIENTATION TOURS To be scheduled upon known arrival time of Candidate(s) in Richfield PSYCHOLOGICAL TESTING To be scheduled upon known arrival time of Candidate(s) in Richfield 6:00 - 7:30 p.m. SOCIAL RECEPTION FOR CANDIDATES WITH CITY COUNCIL/SELECTED COMMUNITY LEADERSHIP Friday MUNICIPAL FACILITIES/COMMUNITY S ORIENTATION TOURS (continued) To be scheduled upon known arrival time of Candidate(s) in Richfield PSYCHOLOGICAL TESTING (continued) To be scheduled upon known arrival time of Candidate(s) in Richfield CITY EXECUTIVE STAFF/CANDIDATE "VISITS" 1:00 -1:30 p.m. Candidate: "A" 1:40 - 2:10 p.m. Candidate: "B" 2:20 - 2:50 p.m. Candidate: "C" 3:00 -3:30 p.m. Candidate: "D" 3:40 - 4:10 p.m. Candidate: "E" 4:20 - 4:50 p.m. Candidate: "F" ~~ ~~ • 3:30 - 4:15 p.m. CITY COUNCIL/CONSULTANTS INTERVIEW ORIENTATION SESSION ~ 1 ~-~ DATE-TIME ACTIVITY CITY COUNCIL/CANIDATE INTERVIEWS 4:15 - 5:30 p.m. Candidate: "A" 5:30 - 6:45 p.m. Candidate: "B" 6:45 - 8:00 p.m. Candidate: "C" Saturday CITY COUNCIL/CANIDATE INTERVIEWS (continued) 8:30 - 9:45 p.m. Candidate: "D" 9:45 -11:00 p.m. Candidate: "E" 11:00 -12:15 p.m. Candidate: "F" 12:30 - 1:30 p.m. CITY COUNCIL/CONSULTANTS LUNCHEON AND EVALUATION OF CANDIDATE INTERVIEWS 1:30 - 2:00 p.m. CITY COUNCIL SELECTION OF CANDIDATES FOR RE-INTERVIEW 2:15 - 4:15 p.m. CITY COUNCIL/CANDIDATES RE-INTERVIEWS 4:15 - 5:00 p.m. CITY COUNCIL EVALUATION OF RE- INTERVIEWS AND SELECTION OF TOP CANDIDATE(S) TO BE CONSIDERED FOR APPOINTMENT 5:00 p.m. COUNCIL/(OR COUNCIL COMMITTEE)/ CONSULTANT MEET WITH TOP CANDIDATE(S) TO DISCUSS EMPLOYMENT CONSIDERATIONS • PROPOSED ~ ~ ~~ CITY OF RICHFIELD, MINNESOTA CITY MANAGER RECRUITMENT Recruitment Profile Development 1. PAR Group Search Consultants conduct interviews to gather insights, opinions, suggestions and other input regarding qualification criteria such as education, experience, management style and personal traits, and expectations of the next City Manager and administrative organization, and any comments relative to the recruitment, such as key challenges facing the City. City Council Members. Individual interviews to be scheduled throughout the day and evening -- approximately 30 minutes each. Executive Staff. Group interviews with Ms. Lisa Lynn participating -- approximately one and a half hours. Representative Mid-Management/Supervisory Staff. -Group interview -- approximately two hours. Representative Non-Union Employ. Group interview -- approximately two hours. Representatives of Union Leadership. With Ms. Lisa Lynn -- approximately two hours. (One day estimated for this activity, "Day 1" of a two day on-site activity). 2. PAR Group continues Recruitment Profile Interviews, completing individual interviews with Council Members unable to be interviewed Day 1 and interview: Community Leaders. Group interview/discussion -- approximately 1 1/2 hours during work hours. Public Forum Meetine. Lynn & Associates -- One evening group interview/discussion with established times (e.g. 6 - 8:00 p.m.) If scheduling a problem, as an option, Lynn & Associates could hold selective Group Meetings without PAR Group participation. (One day required -- would be "Day 2" of a 2 day on-site activity -- following 1 day activity above). 3. PAR Group/Lynn & Associates work in concert in preparation of Recruitment Profile through facsimile and telephone conferencing. Final draft will be submitted by PAR Group to individual City Council- Members for review. 4. PAR/Lynn Consultants meet with full City Council for discussion and ultimate approval, including Council changes agreed upon collectively. Council will also approve salary range, key benefits for position and authorize placement of professional announcements. This session will take 2 - 3 hours. • /a-q 5. PAR Consultants conduct an intensive independent professional search and recruitment effort, utilizing an extensive local, regional and national contact network, seeking out qualified Candidates who may not otherwise have an interest in the recruitment. 6. PAR Consultants process all applications received from recruitment and announcement efforts, including timely acknowledgements of receipt of application and status of recruitment information to all Applicants, on behalf of the City Council. 7. PAR Consultants screen all applications received, matching all Applicants' credentials with the specific criteria qualifications stated in the Recruitment Profile. This will be accomplished by recruitment expertise and judgement as well as use of screening tools suggested by Lynn & Associates. 8. PAR Consultants conduct telephone interviews of prospective Candidates (Top 15 +/-), verify education and past employment and make preliminary background inquiries and reference checks. 9. PAR Consultants present a report to the City Council on applications received for the City Manager position, including resumes and background information on those individuals considered to be qualified and best suited for the position, recommending approximately 8 -10-such persons for personal interview consideration. 10. PAR Group/Lynn &Associates meet with City Council to facilitate their selection of no fewer than five Candidates to be invited for personal interview and appointment consideration. 11. PAR Consultants will conduct additional background inquiries on Candidates selected for interview, including criminal court, credit and motor vehicle record checks and print media searches, as desired by the Council. 12. PAR Group/Lynn &Associates will prepare interview questions and procedures for use by the City Council, developing a process which will ensure that the same questions are asked of each Candidate and that each interview is thoroughly and consistently evaluated. 13. PAR Consultants will prepare schedules for Candidate interviews -- see proposed Schedule attached. 14. PAR Consultants will coordinate arrangements for Candidates' travel to Richfield for interviews, be present during interview sessions and together with Lynn &Associates facilitate effective discussion and deliberation toward the City Council's selection of a Final Candidate. PAR Consultant swill assist in employment negotiation between the Final Candidates and City Officials, and prepared draft of Employee Agreement, as desired. It is anticipated that the above steps can be carried out in a timely manner -- 90 days or less. • CITY OF RICHFIELD, MINNESOTA Council Letter No. s3 Agenda April 12, 1999 Issue Statement: Approve lease agreement with Independent School District No. 280 regarding ballfield replacement. Background: The City of Richfield has previously identified two properties owned by the Richfield School District for the replacement of ballfields displaced by the Metropolitan Airports Commission: Richfield Junior High and Richfield Intermediate School. Contracts for the improvement of these fields have been let, but construction has not yet begun, pending the completion of lease negotiations with the school district. The lease negotiations have been protracted, due to the necessary involvement of the State of Minnesota Attorney General's office. The Attorney General's office has reviewed the lease agreement in order to determine that the lease and the proposed improvements satisfy the funding requirements for the grant from the State of Minnesota. As of the writing of this Council Letter, the lease terms have. not been finalized. City staff expects to have a final agreement available for City Council review by the April 12 Council meeting. If the agreement is available prior to April 12, it will be delivered to the Council Members. The City Attorney will review the key lease provisions with the Council at the April 12 Council meeting. Recommended Motion: Approve the lease agreement with Independent School. District No. 280 regarding ballfield replacement. Basis of Recommendation: 1. The City Council has already awarded a contract to Ingram Excavating, Inc. for construction of ballfield improvements on the Richfield School District properties, and the City has secured a Right of Entry Agreement from the Richfield School District to permit the construction to proceed. 2. Construction is scheduled to begin on April 15 according to the contract. 3. The State of Minnesota requires that a lease agreement be executed in order to obtain state funding for the proposed ballfield improvements. Alternative Recommendation: 1. Council may decide not to enter into a lease agreement. However, the City would not be able to obtain state funding for the ballfields without a lease agreement. Discussion/Decision Mode: Staff is requesting action at the April 12, 1999 Council meeting. Re ect Ily submitt , . ~ ~~ ven . Devich Acting City Manager SLD:cak 10 CITY OF RICHFIELD, MINNESOTA Council Letter No. s2 Agenda April 12, 1999 Issue Statement: Receive a status report concerning the Urban Village development and authorize the commercial portions of the development to proceed and building permits to be issued. Background: While single family home site assembly is being completed, the developer, Richfield State Agency (RSA) desires to begin construction on the parking ramp and McDonald's restaurant. Demolition of vacated single family homes on the Pleasant/Grand Avenue block is also planned. The City Council approved a planned unit development (PUD) plan and rezoning for the Urban Village development project at the southeast corner of 66th Street and Lyndale Avenue on January 11, 1999. The rezoning was necessary for the residential portion of the development in the Pleasant/Grand Avenue block. The property currently occupied by Richfield Bank & Trust and the Woodlake Medical Clinic is already properly zoned PC-2. This area is also the location for the parking ramp and McDonald's. A condition of the single family rezoning approval is that the rezoning be effective when the developer holds site control over all property within the development:. Legal counsel has determined that the request to begin construction in those areas already owned by RSA, properly zoned, and nonresidential in current use and future use, is consistent with the Council approval of the PUD. However, staff wants to ensure no misunderstanding given that elements of the project may start prior to the completion of residential site assembly. At this time, RSA has acquired all but one of the properties in the Pleasant/Grand Avenue block. The HRA has initiated condemnation proceedings to acquire the remaining property, and the HRA is expected to have title to that property on May 11, 1999. Demolition on the residential property already owned by RSA may begin in the last week of April or the first week of May. In the meantime, RSA would like to proceed with plans for the commercial component on the property presently zoned PC-2. RSA would like to begin construction on the McDonald's and ramp portions of the project in mid-April. Recommended motion: Receive a status report from the developer and authorize that building permits may be issued for. the ramp and McDonald's portions of the Urban Village development, provided that all other code requirements are met. Basis of Recommendation: 1. RSA is in the process of obtaining title to all residential property. Condemnation proceedings have been initiated for the only remaining property, and the HRA is Y~~f expected to have title no later than May 11. The property owner has not objected to the condemnation .proceeding or the May 11 date. The judge handling the case has indicated that she will issue an order allowing the HRA to obtain title on May 11, subject to the condition that the HRA deposit its appraised value of the property with the court. (This cost will be paid by RSA.) The appraisal is expected to be completed no later than May 6. 2. To keep the project on schedule, the developer needs to begin the McDonald's and ramp portions of the project in April. 3. The property to be occupied by the McDonald's and the ramp is already owned by RSA and is zoned PC-2. 4. The City Attorney has reviewed the resolutions approving the PUD and rezoning and has determined that it is appropriate for the Council to authorize the commercial portion to begin. 5. Demolition in the residential area is already allowed regardless of the Council findings on the issuance of commercial building permits. 6. All applicable building, fire and zoning codes would have to be met before a building permit would be issued. 7. If the building permit is issued and the developer subsequently fails to acquire .title to the last remaining residential property, the City could require the developer to submit an amended PUD plan. Alternative Recommendation: Determine that building permits should not be issued for any part of the development until RSA has site control over all property in the PUD plan. Demolition would still proceed in the residential area. Discussion/Decision Mode: Jan Susee of RSA is attending the City Council meeting on April 12, 1999 to provide the status report and answer any questions. Re c ully submit d, eve L. Devich Acting City Manager SLD:cak • 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. s1 Agenda April 12, 1999 Issue Statement: Resolution awarding the sale of $1,660,000 Gross Revenue Ice Arena Bonds, Series1999; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Background: On February 22, 1999 the City Council adopted a resolution providing for the sale of an amount not to exceed $2,500,000 of Gross Revenue Ice Arena Bonds, Series1999. That resolution also provided specific authority for the firm of Ehlers and Associates, Inc. to solicit proposals for the sale of the bonds. Since the date of that authorization, the City has sought ways to reduce the amount of bonded debt needed for the second ice sheet project. The reduction of the bonded debt would, in turn, reduce the annual debt service needed to retire the bonds and therefore make it less likely that the second ice sheet would generate an annual deficit. To that end, on March 22 the City Council authorized the use of additional fund .balances to reduce the amount of bonds needed. The current projection by Ehlers and Associates shows a need for a bond issue of approximately $1,660,000. This assumes that additional existing City funds in the amount of $140,000 be set aside as a debt reserve. This reserve amount represents one year's debt service on the bonds and eliminates the need for the City to bond for the $140,000, adding to the bond amount and the annual debt service. Funds for this reserve could be secured from the Self Insurance Fund or Cable Fund. The cost of issuance for these bonds would be: Underwriters discount allowance: $29,050 Finance related expenses: $30,000 The bids and relevant data will be compiled by representatives of Ehlers for presentation to the City Council at the April 12 meeting. In order to have the most current bond quotation possible prior to the bid award, it is customary practice to open bids the day of the award. The bond sale opening will take place sometime during the day on April 12, 1999. Sale results plus recommendations will be reported at the City Council meeting of April 12. Recommended Motion: Adopt the resolution awarding the sale of $1,660,000 Gross Revenue Ice Arena Bonds, Series1999, fixing their form and specifications; directing their execution and delivery; and providing for their payment. • 9-I Basis of Recommendation: 1. The bond sale was authorized by the City Council on February 22, 1999. 2. The bond sale has been conducted pursuant to Minnesota Statutes and Internal Revenue code. 3. The sale of the bonds should provide a favorable financing mechanism to pay for the majority of the cost of constructing the second ice sheet. Alternative Recommendation: 1. There is no alternative recommendation if the City wishes to proceed with the bond sale. 2. The City Council may decide not to award the sale of bonds at this time. However, with current interest rates and the market for tax exempt bonds, now would seem to be an ideal time to issue bonds for such a project. Further, the City will need to start making payments for construction of the project sometime in late May or early June, so the funds from the bond sale are needed. Discussion/Decision Mode: It is recommended that the City Council act on approving the bond sale on April 12 if the terms of the bond sale and rates are agreeable to the City Council. This would allow just enough time for the City to receive the proceeds and be able to make payments to contractors as the construction proceeds this spring and summer. Re a fully sub fitted, ~~ en L. ich Acting City Manager SLD:ds 9-a Extract of Minutes of Meeting of the Ciry Council of the City of Richfield, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Richfield, Minnesota, was duly held in the City Hall in said City on Monday, April 12, 1999, commencing at 7:00 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's Gross Revenue Ice Arena Bonds, Series 1999. The Ciry Clerk presented a tabulation of the proposals which had been received in the manner specified in the- Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which had been dispensed with by unanimous consent, and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: • DJK-160632 RC145-355 9-3 Maturities: Minimum Purchase Price: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $ GROSS REVENUE ICE ARENA BONDS, SERIES 1999; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIIZ PAYMENT BE TT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is determined that it is desirable to acquire, construct and equip a second ice sheet at the City's Ice Arena as part of the recreation program of the City (Project). 1.02. Minnesota Statutes, Section 471.191 (Act) authorizes the City to: a) issue and sell revenue bonds to provide funds for the acquisition of the Project, which bonds may be secured by a pledge of all income and revenues derived from the Project as a first charge on the gross revenues thereof, and b) provide in its budget each year for any anticipated deficiency in the revenues available for operation and maintenance of the Project. 1.03. The City Council has determined that the estimated gross revenues to be derived from the operation of the Project during the term of the bonds authorized by this Resolution will be sufficient to pay principal and interest when due on such bonds, to maintain the required reserve therefor, and to pay the annual costs of operation and maintenance of the Project. 1.04. T'he proposed financing of the Project is as follows: Sources: Par Amount of Bonds $1,660,000 City Funds for Reserve Account 140,000 City Contribution 1,200,000 Mighty Ducks Grant 125.000 Total Sources $3,125,000 DJK-160632 RC145-355 q-~ • Uses: Project Costs $2,889,741 Reserve Account 140,000 Discount Allowance 29,050 Finance Related Expenses 30,000 Capitalized Interest 36,209 Total Uses $3,125,000 1.05. The City has received a proposal from (Purchaser) to purchase the City's bonds to finance the Project 1.06. The City will, therefore, issue and sell its $ Gross Revenue Ice Arena Bonds, Series 199 (Bonds) to finance all or a portion of the costs of the Froject. 1.07. The Bonds bear interest as follows: Year of Interest Year of Interest Maturity Rate Maturi Rate 2001. 2011 2002 2012 2003 2013 .2004 2014 2005 2015 2006 2016 2007 2017 2008 2018 2009 ~ 2019 2010 2020 True interest cost: % 1.08. The sum of $ -being the amount proposed by the Purchaser in excess of $ will be credited to the Revenue Bond Account hereinafter created. The City Finance Manager is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and Acting City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.09. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Sections 471.191. and 475.58, Subdivision 3 (collectively, the Act) in the total principal amount of • $ .originally dated May 1, 1999, in the denomination of $5,000 each or any integral DIK 160632 RC145-355 ~~ multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year Amount 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1.10. Optional Redemption. The City may elect on February 1, 2009, and on any day thereafter to prepay Bonds due on or after February 1, 2010. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2000, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: DJR-160632 RC145-355 ~~~ (a) Rte. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) .Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner _in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled. by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems unproper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner thereof. for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. ff a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the DJIC-160632 RC145-355 97 mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Annointment of Initial Registrar. The City appoints Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Manager must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the Acting City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate DJK-160632 RC145-355 4-s of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temnorary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of defuutive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD GROSS REVENUE ICE ARENA BOND, SERIES 1999 Date of Rate Maturity Original Issue CUSIP May 1, 1999 No. Registered Owner: Cede & Co. The City of Richfield, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, com- mencing February 1, 2001, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in D7K-160632 RC145-355 q-9 lawful money of the United States of America by check or draft by . Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. The City may elect on February 1, 2009, and on any date thereafter, to prepay Bonds of this issue maturing on or after February 1, 2010. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the Ciry shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Additional provisions of this Bond contained on the reverse hereof have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. 1N WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and Acting City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF RICHFIELD, MINNESOTA (Facsimile) (Facsimile) Acting City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative DJK-160632 RC145-355 /~ [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to resolutions adopted by the City Council on April 12, 1999 (Resolution), for the purpose of providing money to aid in financing various improvements to certain recreational facilities of the Ciry, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 471.191 and Chapter 475 (collectively, the Act), and the City's home rule charter. The principal hereof and interest hereon are payable primarily from the revenues of such recreational facilities in the Ice Arena Recreation Fund of the Ciry, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTffTED, RECITED, COVENANTED AND AGREED that all- acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding special obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) DJIC-160632 RC145-355 G-ii TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts or Transfers to Minors Act........:... (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. DJK-160632 RC145-355 q-ia • Name and Address: (Include information for all joint owners if this Bond is held by joint account,) Please insert social security or other identifying number of assignee 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Funds. Accounts, Pledge of Revenues. ~ , 4.01. For the convenience .and proper administration of the moneys to be borrowed .and repaid on the Bonds, and to make adequate and specific security to the purchasers and holders of the Bonds from time to time, there is hereby created and continued in the Recreation Fund a separate special fund of the City to be known as the Ice Arena Recreation Fund, which fund will be continued and maintained as a permanent fund of the City until all the Bonds are paid.: All income and receipts of whatever nature from the operation of the Project will be credited to the Ice Arena Recreation Fund. The City will establish and maintain financial records of the receipts and disbursements of the Project in accordance with this resolution. In those records there will be continued and maintained separate accounts of the Ice Arena Recreation Fund as follows: (a) A Capital Expenditure Account, into which Account will be paid: (i) the proceeds of the sale of the Bonds less (i) the amount of proceeds in excess of $ ,and (ii) the sum of $ representing capitalized .interest which amounts will be deposited in the Revenue Bond Account; and (ii) the sum of $1,200,000 representing an equity contribution by the City; and (iii) the proceeds of grants from the State of Minnesota for the development of youth ice athletic facilities in the Project. • From the Capital Expenditure Account will be paid all costs of the Project, including but not limited to, construction costs, legal, engineering and financing expenses but excluding capitalized interest. Money in the Capital Expenditure Account will be disbursed only upon DJK-160632 RC145-355 9-i3 orders duly issued after certification that the purpose for which the payment is to be made is within the scope of the work contemplated by this Resolution, that the work done or the materials furnished are in accordance with the contract therefor, (or that such work is, or -that such materials are suitable for the purposes of the Project, if such payments are not covered by an express contract) and that the amount of such payment is in accordance with such contract, or if there is no contract, that the amount thereof is reasonable. Nothing in this clause is to be construed to prohibit payment without such a certification of expenses necessarily incident to the issuance and sale of the Bonds. The Project must be constructed and placed in operation in accordance with the approved plans and specifications, and no deviation therefrom of a substantial nature. may be made. When the Acting City Manager, upon recommendation of the Project architect, certifies that the construction of the entire Project has been completed and paid for, any balance remaining in the Capital Expenditure Account must be transferred to the Revenue Bond Account hereinafter created and the Capital Expenditure Account will be closed. (b) An Operation and Maintenance Account, from which Account may be paid all, but only, expenses of operation and maintenance of the Project. Those expenses include the reasonable and necessary costs of operation, maintenance, insurance, salaries, wages, cost of materials and supplies, and all other items which by accepted accounting practices constitute normal, reasonable costs of operation and maintenance, but excluding any allowance for depreciation. The City covenants and agrees that it will provide in the City budget each -year an amount sufficient to meet any anticipated deficiency in the revenues available for operation and maintenance, and the City hereby pledges and agrees to provide from other funds and ad valorem tax levies, if necessary, sufficient sums to 'pay all current costs of operation, maintenance and administration of the Project. Money in the Operation and Maintenance Account may be invested in the manner permitted by law for the investment of municipal funds, but such instruments must mature not later than the date on which it is anticipated the proceeds thereof will be required for disbursement from the Operation and Maintenance Account. Investment earnings maybe transferred, at the option of the City, to the Revenue Bond Account or retained in the Operation and Maintenance Account. (c) A Revenue Bond Account for payment of the principal of and interest on the Bonds into which will be deposited accrued interest on the Bonds from their date of issue until date of delivery, together with (i) any amount in excess of $ and (ii) the sum of $ representing capitalized interest from the proceeds of the sale of the Bonds. There will be credited monthly to the Revenue Bond Account, commencing June 1, 1999, from the gross revenues of the Project, 1/12th of the amount of interest and principal due on the• Bonds in the next ensuing 12-month period (Debt Service Requirement ). Any gross revenues in excess of the Debt Service Requirement will be transferred first to the Reserve Account to maintain the Reserve Requirement, and second to the Operation and Maintenance Account. The Revenue Bond Account will be maintained as herein provided until all the Bonds have been paid and retired. If there are insufficient funds in the Revenue Bond Account to pay principal and interest, or either of them, when due, funds to make such payment must be transferred to the Revenue Bond Account for that purpose from the DJR-160632 RCr45-355 R-i~ • Operation and Maintenance Account In the event of a deficiency in the Debt Service Requirement, the Ciry covenants and agrees to provide from other sources funds necessary to pay the principal of and interest on the Bonds. Money in the Revenue Bond Account may be invested in the manner provided by law for the investment of municipal funds, but such investments may not mature later than the date on which it is anticipated the proceeds thereof will be required for disbursement. (d) A Reserve Account, .into which the sum of $ is to be paid from the funds available to the City. This initial balance, being equal to the maxunum amount of principal and interest on the Bonds in any. year is the Reserve Requirement Money in the Reserve Account may be used only to pay principal of and interest on the Bonds or additional parity bonds. Investment earnings in the Reserve Account may be transferred to the Revenue Bond Account Moneys in the Reserve Account may not be transferred to the general fund of the City or used for any other purpose until all .Bonds have .been paid or sufficient sums for payment of principal and interest on the Bonds has been deposited with the Bond Registrar. The funds in the Reserve Account may be invested only in securities authorized by State law for investment of municipal funds. It is determined that the Reserve Account is reasonably required in order to market the Bonds and provide adequate security therefor. Moneys in the Reserve Account may be used only for payment of debt service on the Bonds or additional parity bonds, except that such moneys maybe used for payment of a final installment maturity, or for such payment if the Bonds are defeased. If additional parity bonds are. issued the Reserve Account must be increased so that its ratio to the total amount of outstanding bonds is equal to its ratio to the Bonds at the date of delivery of the Bonds. Money in the Reserve Account may be used only (i) for transfer to the Revenue Bond Account and (ii) for the redemption and prepayment of Bonds. 4.02. The Ciry may issue additional bonds to complete or improve the Project or refund the Bonds either (i) pursuant to the Act or (ii) pursuant to any law authorizing the issuance of such obligations. Any such additional obligations payable solely from the revenues of the Project may be issued on a parity with the Bonds. Junior or subordinate bonds secured by the revenues of the Project maybe issued at any tune by the City. 4.03. .Money in the funds and .accounts created by this Resolution will be kept separate from other municipal funds in accordance with the City's accounting and investment policies, and deposited only in a bank or banks which are members of the Federal Deposit Insurance Corporation (FDIC). Deposits which cause the aggregate deposits of the City in any one bank to be in excess of the amount insured by FDIC must be continuously secured in the manner provided by law for the investment of municipal funds. Income derived from investments in the funds and accounts may at any time be liquidated and the proceeds thereof applied for the purpose or purposes for which the respective Account was created. 4.04. Subject to the provisions of Section 4.02, the Bonds are and will be a first charge and lien on the gross revenues of the Project, the Ice Arena and of all additions, improvements and extensions thereto. • D7K-160632 RC145-355 ~'' J 4.05. There is appropriated to the Capital Expenditure Account from the general fund of the City the sum of $1,200,000. There is appropriated to the Reserve Account from the general fund of the City the sum of $ Section 5. Covenants. 5.01. For the protection of the holders of the Bonds, the City covenants and agrees with the holders of the Bonds from time to time as follows: 5.02. It will complete the Project and will cause it to be constructed and completed free from all liens in accordance with plans and specifications heretofore approved, with the proceeds of the Bonds supplemented with other funds if necessary. 5.03. It will at all times provide for and insure the adequate maintenance and efficient operation of the Project as part of its program of public recreation. It will from time to time make all needed and proper repairs, replacements, additions and betterments of the Project so that it may at all times be operated properly and advantageously, and whenever any equipment is worn out, destroyed or otherwise become insufficient for its intended use, the equipment will be promptly replaced or repaired so that the value and efficiency of the Project will be at all tunes fully maintained and the revenues unencumbered by reason thereof. The City may replace obsolete, worn out, or destroyed equipment with different kinds of equipment recognizing technological and operational changes, so long as the operation of the Project for its intended purpose and the reve- nues therefrom aze not impaired. 5.04. In order to insure the efficient and economical operation of the Project and the proper maintenance thereof, the Ciry will provide for and insure the employment of experienced personnel to operate and maintain the same. The compensation of such personnel is deemed an operating expense. 5.05. Except for special promotional purposes to encourage use of the Project, the City will permit no free use by any person or group. The fees for all users of the Project by the residents of the City and all other customers will be reasonable and just, taking into account the cost and value of the facilities, the cost of maintaining and operating and the proper and necessary allowances depreciation and the amounts required for the payment of principal of and interest on the Bonds payable from the revenues pledged therefor. 5.06. The City will annually, prior to July 1, estimate the gross revenues of the Project available for operation and maintenance of the Project in the next ensuing calendaz yeaz. ff that estimate shows a deficiency in gross revenues available for operation and maintenance of the Project in that ensuing year the City will: (i) adjust the rates and changes for the use of the Project to cover the deficiency, (ii) provide for transfer of funds from other available sources to cover the estimated deficiency, (iii) levy, within the limitations of applicable law, the taxes necessary to fund any estimated deficiency in the ensuing year, or (iv) any combination of the actions described in subparagraphs (i), (ii) and (iii), provided however, that the Ciry may, but the City will not be required to, fund such deficiency in any yeaz beyond the amount budgeted for such year. DIK-160632 RC145-355 ~-/~O • It is the intention of the City Council to use all the security devices permitted by applicable law and to make and carry out all pledges and covenants permitted by the Act for the prompt and full payment of principal and interest on the Bonds. 5.07. The City will establish, maintain and collect such fees and charges that are estimated to produce revenues sufficient to pay the cost of operation and maintenance of the Project and to pay the interest on and principal of the Bonds as and when they become due.. Fees and charges may not be reduced if the proposed rate reduction will adversely affect the ability of the City to meet all requirements of this Resolution. The fees and charges will be increased from time to time whenever necessary to carry out the obligations undertaken by this Resolution. 5.08. The City will provide for and procure and keep in force insurance on the Project of a kind and in an amount which would normally be carried by private companies in-alike business, including public. liability insurance, with an insurer or insurers in good standing in the State of Minnesota; and it will provide for the keeping in full force and effect fiduciary bonds on employees in charge of the Project. In the event of any loss, the proceeds from such insurance .(including liability insurance) or bonds will be used to make good such loss onto repair or restore the Froject. Insurance premiums are to be paid as a cost of operation of the Project. Section 6. Authentication of Transcript. • 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial .condition and affairs of the City, and such other certificates, affidavits and. transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, Actomg City Manager and Finance Manager are authorized and duetted to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will DJK-160632 RC145-355 9.i 7 not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: . (a) the Bonds are not "private activity bonds" as defined in Section .141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1999 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1999 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. The Ciry will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Book-Entrv System; Limited Obligation of City. 8.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the DJK-160632 RC145-355 9 i~ Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to .any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registraz and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and dischazge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registraz, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Acting City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the Acting Ciry Manager will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter. of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the Ciry with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and dischazging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. DJK-160632 RC145-355 ~-1 `~ 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. "Continuing Disclosure Certificate" means that certain .Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DJK-160632 RC145-355 g-ao STATE OF MINNESOTA j COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qual~ed and acting City Clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify .that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 12, 1999 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ Gross Revenue Ice Arena Bonds, Series 1999 of the City. WITNESS My hand officially as such Ciry Clerk and the corporate seal of the City this day of 1999. C] City Clerk Richfield, Minnesota (SEAL) DJK-160632 RC145-355 Rai STATE OF MINNESOTA TAXPAYER SERVICES DMSION MANAGER'S CERTIFICATE AS TO COUNTY OF HENNEPIN REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Richfield, Minnesota, on April 12, 1999, relating to Gross Revenue Ice Arena Bonds, Series 1999, in the amount of $ ,dated May 1, 1999, has been filed in my office and said obligations have been registered on the. register of obligations in my office. WITNESS My hand and official seal this day of ,1999. (SEAL) Taxpayer Services Division Manager Hennepin County, Minnesota By, Deputy DJK 160632 RCI45-355 SALE REPORT $1,660,000 - Gross Revenue Ice Arena Bonds, Series 1999 City of Richfield, Minnesota C S' April 12, 1999 ~~ Ehlers & Associates, Inc. ~'~ OVERVIEW This report describes the proposed plan for the City of Richfield (the "City") to issue $1,660,000 Gross Revenue Ice Arena Bonds, Series 1999. This report has been prepared by Ehlers SL Associates, in consultation with City Staff and bond counsel. This report deals with: • Purpose and components of bond issue. • Structure. • Other considerations in issuing bonds. • Market conditions. • PURPOSE The $1,660,000 Gross Revenue Ice Arena Bonds, Series 1999 (the "Bonds") of the City are being issued pursuant to Minnesota Statutes, Sections 471.15 to 471.191 and Chapter 475. Bond proceeds, together with other available funds, will be used to finance the construction of a facility for a second sheet of ice for the City's existing ice arena (the "Project"). The existing ice arena opened in 1971 with an approximately 40,000 square foot facility. Construction of the existing ice arena was financed with City funds. The second sheet of ice will add 28,500 square feet to the facility. The Project is located at 66th Street and Portland Avenue in the City. Financing the Project requires a bond issue in the amount of $1,660,000. The proposed finance plan consists of the estimated sources and uses of funds listed on the next page: • Page 1 9-ay Sources Par Amount of Bonds $1,660,000 City Funds for Reserve Account 140,000 City Contribution 1,200,000 Mighty Ducks Grant 125,000 Uses Total Sources $3,125,000 Total Project Costs $2,889,741 Reserve Account 140,000 Discount Allowance 29,050 Capitalized Interest 36,209 Finance Related Expenses 30,000 Total Uses $3,125,000 STRUCTURE AND REPAYMENT The Bonds are special obligations of the City payable solely from gross revenues to be derived by the City from the operation of the Project. The Bonds are not general obligations of the City and the full faith and credit and taxing powers of the City are not pledged to their payment. The Bonds are also secured by a debt service reserve in an amount equal to the maximum annual debt service on the Bonds. The City will deposit that amount in the Reserve Account from available City funds. Pursuant to Minnesota Statutes, Sections 471.15 to 471.191, the City is required to provide in its annual budget funds for the operation and maintenance of the Project and may levy an ad valorem tax on all taxable property in the City for the payment of operation and maintenance expenses of the Project if revenues, after payment of debt service on the Bonds and maintenance of the Reserve Account, are inadequate to pay such expenses. This tax is subject to levy limits. The Bonds are dated May 1, 1999 with the first interest payment on February 1, 2000 and semiannually thereafter on each February 1 and August 1. Principal on the Bonds will be due on February 1 in the years 2001 through 2020. Bonds maturing February 1, 2010 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2009 and any date thereafter. The Bond closing is tentatively scheduled for May 6, 1999. The expected cash flow can be found in Exhibit 1. The estimated debt service schedule can be found in Exhibit 2. Please note that the revenues for the second sheet are based upon estimates proposed by the local Ice Arena Task Force in 1998. As we discussed in our March, 19981etter to the Council, these revenue expectations may be optimistic. Page 2 ~~ OTHER CONSIDERATIONS Following is a summary of key factors in the finance plan: If the purchaser of the Bonds designates certain of the maturities as Term Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Bonds at least 45 days prior to the call date. We can discuss with you the option of retaining a paying agent to provide the proper call notices to owners of the Bonds. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. We anticipate that the City (in combination with any subordinate taxing jurisdictions or debt issued in the City's name by 501(c)3 corporations) will not issue more than a total of $10,000,000 in tax-exempt debt during this calendar year. This will allow the Bonds to be designated as bank qual~ed. Bank qualified status broadens the market and achieves lower interest rates. • Because the City maybe issuing more-than $5,000,000 in tax-exempt obligations during this calendar year, the debt will not qualify for the small issuer exemption from arbitrage rebate. However, you will be exempt from federal arbitrage rebate if the Net Proceeds, which are defined in the arbitrage certificate you receive at the closing, are expended within two years. In the event the expenditure schedule is not met, you will be required to pay a 1.5% penalty and (a) Prepare a calculation of the penalty due; (b) Pay the amount of penalty as required by "the Regulations; and (c) Retain records or the calculations required until 6 years after these Bonds are retired. The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the costs of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semi-annually and on an annual basis for the principal coming due. You will be charged only for paying agent/transfer agent services provided by the bank. • The Bonds were sold non-rated because the City is not guaranteeing to pay the principal and interest on the Bonds. The City's obligation is to pay operating costs, therefore, a bond rating would not be of sufficient value. • New regulations of the Securities and Exchange Commission on the continuing disclosure of municipal securities apply to long-term securities with an aggregate principal amount of $1,000,000 or more. Page 3 q-a~ Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Certificate that you will enter into at the time of closing for this issue. You are responsible for reporting any of the material events listed below and in the Undertaking. 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service. reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit of liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exemptstatus of the securities; 7. Modification to rights of holders of the Securities; 8. Securities calls; 9. Defeasances; 10. Release, substitution or sale of property securing repayment of the Securities; 11. Rating changes; 12. Failure to provide annual financial information as required; and 13. Other material events. MARKET CONDITIONS The graph on the following page shows the trends in the Bond Buyer's 20-Year G.O. Index (BBI) for the last 18 months. Current interest rates are close to historic lows. Page 4 r~ • • ~- 6 e~ ~Y. ,~ ~,~~+ Y ..~ ~ a /^~ ".'~' _ Z i...'r-#.1-' to >s ' .:i a ~~~~- ~ - ~ o \ \ r~€`~ti~" C N W O T ~ :i N *- N t Yt~_ ~ a ~ _~ C1 a + '~'Y ~*y~ N µl 7 l.:i N i ~ r~ if .- ~ a N W o, - o O •i ~ 'Y..~ ~ a- m ~ Q. "d ~ . `y ~ f ti . N C .. ~ '~ C ~ . ~-i r~, .~' 'l~ ~ O O C 3 m Q O L ~ a `r ~ M ~ - Z t:~~ ~ Z C ; C ~ IT .'.:yy.~ P ~ MM~ 0 t~ ~1 ~ l9 ILL ~ ~ -~~ m ~ ~ r. 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Ef} Ef} Ch ~ O U (A (~ ~ t, r Ef} ~ ~ ~ w, ~ ~ ~ O • O ~ a ~ N 4) N d 0) U y a C Q a O O fA L t 0) d V ~ ++ N s.. ~ 0) O ~ .C rn a z. O ~ ~ ~ O `1 N ~ ~ ~ ~ ~ _ ~ Q, N O 3 O O ~ "~ .L N fn J N to 7 _ 'i O- '+~-.-.. ~ Q 7 O +-' N 7~ 7~ OfA ~ m ~ ~ c N > ~ ~ C N m ~ ~ i a o ~ d a (3 Z i a a a ~ ~ ~~° o e ~:~ ~ i a 3~s ~O W y `~ ~ d m °? ~ ~ °v a~ w e ~ ~ ~ ~ W C ~ O ~ ; ~ ~ ~ ~ ~ ~ ~ O ~ Q ~ ~ ~ Y. [oQ U UUQa ~ H J~C'3O i- W =°~~ ~° ~: . ~ W Z Z W W 8 • CITY OF RICHFIELD, MINNESOTA Council Letter No. so Agenda April 12,-1999 Issue Statement: Approval of the 1999-2000 labor contract with the Law Enforcement Labor Services (EELS) Local 123. Background: City staff has completed labor negotiations with the EELS Local 123 for the years 1999 and 2000 subject to Council approval. EELS Local 123 represents the positions of Police Officers and Investigators/Agents. There are 31 employees represented in the unit. The tentatively approved settlement includes the following changes: Wages A 3% across-the-board increase effective January 3, 1999. A 2.75% across-the- board increase effective January 1, 2000. 2. Health Insurance A $30 increase from $385 per month to $415 per month for dependent coverage for 1999. A $20 increase to $435 per month for dependent coverage for 2000. 3. Overtime Increase the maximum accumulation time from 64 hours to 76 hours. 4. Clothing Allowance A $50 increase from $460 per year to $510 per year for 1999. Another $50 increase to $560 per year for 2000. 5. Holiday Leave Increase the number of premium holidays by two in 1999 and two additional in 2000. Employees assigned to investigative positions, such as Investigator Agent, receive straight time compensation for the four additional holidays. In addition, beginning in 1999 Employees may sell back up to 12 hours of holiday leave each year and up to 24 hours each year beginning in 2000. 6. Vacation Increase the maximum annual vacation accrual by 8 hours beginning after 20 years of service. • ~1 7. Equity Adjustment Additional one-half percent base pay adjustments effective September 1, 1999 and July 1, 2000. This is the last anticipated adjustment to bring Richfield Police base salaries to a position of equity with prevailing salaries in comparable jurisdictions. Recommended Motion: Approve the provisions of the 1999-2000 labor agreement with the LELS Local 123 and authorize the City Manager to execute the agreement. Basis of Recommendation: 1. The City has met and negotiated with the Union and is bound under the Public Employers' Labor Relations Act to meet and bargain over the terms and conditions of employment. 2. The 1999 and 2000 proposed settlement is similar to-other City employee groups. 3. The settlement is well within the range for police officers bargaining groups in similar cities. Alternative Recommendation: Do not approve the terms of this agreement, requiring further negotiation and/or arbitration. Discussion/Decision Mode: In order to allow the City's accounting personnel to modify payroll records in a timely manner for 1999 wages and benefits, it is recommended that the City Council acf on April 12, 1999 to adopt the attached resolution providing for contract changes, effective January 1, 1999. Ily submitted, /' L. Devich Acting City Manager SLD:cak • ga • RESOLUTION NO. RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 123 BARGAINING UNIT FOR THE YEARS 1999 AND 2000 WHEREAS, the Acting City Manager and the Richfield Police Officers Federation have reached an understanding concerning conditions of employment for the years 1999 and 2000; and WHEREAS, it would be inappropriate to penalize EELS members who have negotiated in good faith; and WHEREAS, the Human Resources Ordinance requires that contracts between the City and the exclusive representative of the employees in an appropriate bargaining. unit shall be completed by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City. of Richfield and EELS Local 123 Bargaining Unit for the years 1999 and 2000, under the provisions of the Labor: Agreement to be implemented, effective January 1, 1999. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of April, 1999. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk C LCER Supplemental Uniform Settlement Reporting Form ".~ .101 Public employer name city o£ Richfield 102 Contact perSOn name Dawn Weitzel 103 Phone number of contact person 612-s6 i-9716 104 Name of exclusive representative 105 Unit composition (e.g.,police, dencal,comprehensive, @tC.) Police Officer, Police ~Irivestigator/ 106 IS th@ Unit eSSentlal Or non~SSentlal? essential Agent 107 base year calculation date (from BMS Instructions, page 2) 108 Base year employees (from BMS Instructions, page 2) 109 Date mediation requested (if applicable) 110 Date strike notice given (if applicable) 111 Dates of strike (if applicable) 112 Tentative settlement date 113 .Date arbitration requested (if applicable) 114 Name of arbitrator (if applicable) x115 Date of first arbitration hearing (if applicable) ~[ 16 Date final briefs filed (if applicable) 117 Date of award (if applicable) 118 Name of county(ies) within which your jurisdiction is located Hennepin 119 Regional development number (if available) w „~. ,.~ a v u 0 W a Z `L~ N } ~ O W L ~ 2 W _V `" ~_ J j W M N .-I Z Z 0 L ,~ {"~ v ~ W Z W~ ...` ~/? V O ~ O Z ... W O W _~ c~ . ~ L~ r O =- ~ -! /~ I ~ ~ ~ ~ ~ ~SoL ; ' I moo` ! 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R ~ . ~i ~ ir. ~_ f: V I r = .N z. z = z - zo ' z;; zu z~;; ~~ V =., i ~ ~= N ~ rn ~ i E r, M ~t O 00 M M M O O N O ~ Y oo O rn N ~ ~ O O O O ^ N M ~ N ao -~ z z z o0 O I • R ^~ < "^ "..~ M ~ w I '~ y~ •? ~O n q O~ .~ ~ y - y~ N V1 ~ y R ~ H ~ W ~` ~ • • d ~ ~ ~ R ~ d C A d Oi R ` ~ ~ ~ v r. ~ .. ~ I ~ eS v. • v Cr U ~~ v C~ I ~. ~ Y 7 CITY OF RICHFIELD, MINNESOTA Council Letter No . ~9 Agenda April 12, 1999 Issue Statement: Consideration of a first reading of a transitory ordinance authorizing the sale of the City interest in the property located at 7545 Penn Avenue to the HRA to complete an Apartment Remodeling Program initiative. Background: Hennepin County and the City of Richfield jointly participated in installing improvements to the intersection at 76th Street and Penn Avenue. The City's portion of the cost was funded by the MSA account. Upon project completion, remnant parcels remained and have been vacant approximately two years. A plan showing the remnant parcels is attached. With support from a Metropolitan Council Livable Communities Grant, the Richfield HRA has been working with the adjacent four apartment owners to improve the existing five buildings and add a building. There are several elements to the project (refer to attached site plan): • Off-street parking will be modified to improve appearance and access, and provide additional parking spaces for the buildings. • One driveway, at 7544 Oliver Avenue will be closed- reducing driveways onto 76th Street. • The parcel at 7544 Oliver Avenue is buildable and afour-unit building with attached garages is underway. The owners of 7536 Oliver Avenue are constructing the building at 7544 Oliver Avenue. • The parcel at 7545 Penn Avenue is not buildable but provides an area for additional off-street parking and an attractively landscaped corner. The owner of 7539 Penn Avenue would like to acquire the remnant parcel from the HRA and combine it with 7539 Oliver Avenue. The County is prepared to convey the property to the City. The first reading of the attached ordinance allows the City to convey the property to the HRA. The property is valued at $25,196. The County is requiring payment for their one-half interest in the value or $12,598. The HRA would use the Livable Communities Grant to cover for the County's share. The HRA is requesting to acquire the property from the City for $1.00 as a contribution to the HRA's apartment program initiative. (There is not a requirement that the MSA account be reimbursed.) Recommended Motion: Authorize staff to complete the acquisition of the County interest in the remnant parcel at 7545 Penn Avenue and conduct first reading of a transitory ordinance authorizing the • ~- f sale of the City owned property described in the attached ordinance and set a public hearing and second reading of the transitory ordinance for May 10, 1999. Basis of Recommendation: 1. The City jointly participated in a road improvement project with Hennepin County and the County has expressed an interest in conveying the County interest in the remnant parcel to the City. 2. The HRA, in partnership with adjacent apartment owners, has initiated an apartment improvement initiative funded by a Metropolitan Council Livable Communities Grant. 3. One element of the HRA's apartment initiative is to acquire the remnant parcel at 7545 Penn Avenue from the City and convey the parcel to the adjacent owner at 7539 Penn Avenue to provide off-street parking and landscaping improvements. 4. Improvements are planned for the summer, 1999 and it is appropriate to act on the transitory ordinance at this time. At the second reading, the City Council. would also be asked to approve the off-street parking contract for the project. 5. The County interest in the parcel can be acquired for $12,598 by the City. The proposal to convey the property for $1.00 to the HRA improves the affordability of the project, and allows the grant monies to be expended on property improvements rather than the cost of acquisition. The property would, in turn, be conveyed to the adjacent owner from the HRA for $1.00. The County was asked by the Mayor to • waive'the cost of acquisition but declined. Alternative Recommendation: The City Council may choose not to undertake a transitory ordinance for the land sale at this time. Discussion/Decision Mode: The first reading of the transitory ordinance at this time will expedite the HRA's project. A public hearing and second reading of the transitory ordinance is proposed to be held on May 10, 1999. Publication of the transitory ordinance would occur shortly thereafter and would be effective 30 days after publication. A sale transaction could not occur until after the effective date. Re c ully submitted, .~ i v . Devich Acting City Manager SLD:cak `~-o~-- BILL NO. • TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA 7545 PENN AVENUE The City of Richfield Does Ordain: Section 1: The following described real property located in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of, and conveyed by the City as described on attached Exhibit A. Section 2: The Mayor and Acting City Manager are hereby authorized to take all actions as required to sell, transfer, or otherwise dispose of and convey the real property described in the attached Exhibit A, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed by the City Council of the City of Richfield, Minnesota this 10th day of May, 1999 by the Richfield City Council Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • Exhibit A • LEGAL DESCRIPTION FOR 7545 PENN AVENUE SOUTH That part of the West 182 feet of the South '/4 of the Northwest % of the Southwest % of Section 33, Township 28, North Range 24 West of the Fourth Principal Meridian, lying South of the North 222 feet thereof, according to the Government Survey thereof. Reserving unto said Grantor a permanent easement for highway purposes over all that part of the above described tract which lies westerly of a line drawn parallel with and distant 23 feet easterly of the following described line: Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 33, township 28, Range 24; thence run easterly along the south line of said Northwest Quarter of the Southwest Quarter on an assumed bearing of North 89 degrees 30 minutes 54 seconds East for a distance of 18.75 feet to the actual point of beginning of the line being described; thence North 2 degrees 30 minutes 37 seconds West for 41.69 feet; thence deflect right along a tangential curve having a radius of 3819.72 feet, for 100.00 feet and said line there terminating. Also, reserving unto said Grantor a permanent easement for highway purposes over all that part of the above described tract which lies southerly of a line drawn parallel with and distant 22.50 feet northerly of the following described Line A: Commencing at the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24; thence run northerly along the west line of said Northwest Quarter of the Southwest Quarter for a distance of 31.50 feet to the actual point of beginning of the line being described; thence deflect right 89 degrees 43 minutes 31 seconds for 200.00 feet and said line there terminating. Also, reserving unto said Grantor a permanent easement for highway purposes over all that part of the above described tract which lies Southwesterly of a line drawn from a point on the West line of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24 distant 115 feet Northerly of the Southwest corner thereof, as measured along said West line, to a point on the South line of said Northwest Quarter of the Southwest Quarter, distant 123 feet Easterly of the Southwest corner thereof, as measured along said South line. Subject to a 25 foot easement strip for driveway purposes over that part of the east 45 feet of the above described tract lying northerly of a line drawn parallel with and distant 22.50 feet northerly of the above described Line A for the benefit of the following described tract: The South 74 feet of the North 222 feet of the West 182 feet of the South Quarter of the Northwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24. ~ ~~ =' -- -- W ~ ~ ~ Z W ,- Q ~~ W Z ~I J Z ~~ _ _ W ~, W d ~ O ~ r W a ~~ I w o, ~ z ~ ~~ _ _ ( NEW PROPERTY LINE , - - - - i CURB ~ l 25' i _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _, _ _ _ OLD PROPERTY LINE _ _ _ _ ~ 76TH STREET REMNANT PARCELS prior to HRA apartment project at 76th and Oliver/Penn Avenue _~ NORTH W W Q W 0 SCALE: 1 INCH = 40 FEET ../ ~`~~ 1 i 7527 PENN 1 1 7530 OLIVER 1 1 --- - - ~ 1 i z 1 1 Q 1 7533 PENN Z 7536 ~ PROPERTY LINE ( 1 a - - - OLIVER 1 i 7539 PENN 1 , i 1 • W 1 ~, --Q -- -~i--1 ~ - - - - - --A_-. •~--; 7544 TREES ~ z ~ IOLIVER T~ ~ 1 --Y--- -• 1 1 1 ¢ --1 1 1! a ~\ ~ ~ ~_ - - - - PROPERTY LINE - - 76TH STREET After HRA apartment project at 76th and Oliver/Penn Ave ~~~~, PLANNING ZONING NORTH SCALE: 1" = 50' Z W a W 0 SITE PLAN D MINNESOTA CITY OF RICHFIEL , Council Letter No. ~s Agenda April 12, 1999 Issue Statement: Public hearing regarding a request for renewal of a temporary conditional use permit (CUP) to allow use of 6529 Penn Avenue as an auto dealership. Background: In 1990, a CUP was approved to allow use of 6529 Penn Avenue as a used car lot. A temporary CUP was issued for three years because a planning study had recently been completed for the area and the proposed car lot was inconsistent with that study. The CUP was renewed in 1993 and 1996. A planning study is currently being conducted by Ryan Companies, the Planning Commission and acitizen/business advisory committee. That study should be completed later this year. Because of the study and the possibility of future changes in the area, the CUP should continue to be temporary. Recommended Motion: Conduct a public hearing and approve a temporary conditional use permit for 6529 Penn Avenue for one year from the date of approval to allow use of the property as an auto dealership with the following stipulations: 1. That a 22-foot minimum drive aisle be maintained in the parking area. 2. That landscaping in the front of the property be maintained in compliance with the approved landscape plan and in compliance with existing Penn Avenue and Sixty- Sixth Street (PASSS) design guidelines. 3. That a maximum of 30 cars be on the site at any one time. 4. That the alley located to the south of the property be maintained free of vehicles. Basis of Recommendation: 1. The renewal allows the property owner and tenant to continue the current use of the property. 2. Ryan Companies is in the process of developing a redevelopment plan for the area. The process will be completed later this year. 3. The one-year limit will provide the City with further oversight given the expected redevelopment of the area. 4. The Planning Commission voted 7-0 to recommend approval of the temporary conditional use permit renewal for one year. ~,' i 5. Notice of the public hearing was published in the Sun-Current and mailed to property owners and occupants within 350 feet of the subject property. Alternative Recommendation: Deny the request for a renewal of the temporary conditional use permit. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m., Monday, April 12, 1999 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. R ctfully submitted, r~ n L. Devich Acting City Manager SLD:cak • H O Z Z ~ J za wW a~ . f /~ 0 W LIJ o. cn ~ 0 a ~O co GC a 3NIl Altl~d~Je7d N UJ Q D W Q Z Z W a 5F CITY OF RICHFIELD, MINNESOTA . Council Letter No. 77 Agenda April 12, 1999 Issue Statement: Request for the issuance of a new on-sale 3.2 percent malt liquor license for Vision Restaurants LLC, d/b/a God Father's Pizza, 2 West 66th Street. Background: On March 15, 1999, the City received application for a new on-sale 3.2 percent malt liquor license for Vision Restaurants LLC d/b/a GodFather's Pizza, Inc. The required license fee has been paid. The Public Safety investigation has been conducted and reveals the following. • The establishment is currently licensed as GodFather's Pizza, Inc., d/b/a God Father's Pizza. • The current establishment's on-sale 3.2 percent malt liquor license was renewed in December 1998. • The new owner of the establishmenf is David A. Harper of Omaha, NE. David W. Fuller will be the acting manager of the establishment. Neither of these individuals has any known criminal history. • The City is currently able to issue 15 on-sale 3.2 percent malt liquor licenses. This would be a request for license number 14. Recommended Motion: Approve the issuance of the on-sale 3.2 percent malt liquor license for Vision • Restaurants LLC d/b/a GodFather's Pizza, 2 West 66th Street. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the City Code and State Statute pertaining to on-sale 3.2 percent malt liquor licensing. 2. Based upon the information supplied by the applicant and the investigation conducted by the Public Safety Department, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to deny the on-sale 3.2 percent malt liquor license for Vision Restaurants LLC, d/b/a God Father's Pizza. This would mean that they would be unable to serve any on-sale 3.2 percent malt liquor. Discussion/Decision Mode: Consideration of the issuance of a new on-sale 3.2 percent malt liquor license for Vision Restaurants LLC, d/b/a GodFather's Pizza, 2 West 66th Street, is presented for Council consideration at this time. Re a tfully sub 'tted, even L. Devich Acting City Manager • SLD:cak 5~~ . CITY OF RICHFIELD, MINNESOTA Council Letter No. ~6 Agenda April 12, 1999 Issue Statement: Award of contract for 1999 removal of diseased trees from private property. Background: In the early 1970's, the City of Richfield began a shade tree disease program to assist homeowners in the removal of diseased elm and oak trees on private property. When the City's Tree Inspector marks a diseased tree on private property for removal, the homeowner has three options: • Removal of the tree by the homeowner; • Homeowner hires a contractor to perform the work; • Homeowner authorizes the City's contractor to perform the work. If the City's contractor performs the tree removal, the homeowner has the option to pay the removal costs immediately or have the cost assessed to the property taxes over a three-year period. In an effort to attract more bidders, since 1994 staff has divided the City into two districts. Staff also allows bidders to offer separate prices for front yard and back yard trees; realizing accessibility is a primary factor in cost. A formal bid opening for this work was held on March 4, 1999, and two bids were submitted. The companies were asked to bid aper-inch cost, based on the average number and size of trees removed in the past two years. Bids were as follows: East District West District Total Ryan's Tree Service, Inc. $28,220 $25,555 $53,775 Precision Landscape & Tree, Inc. $36,849 $33,346 $70,195 Contract amounts for the past three years are listed below: 1996 $76,678 1997 $85,630 1998 $54,574 Recommended Motion: Accept the bid minutes/tabulation and award a contract for 1999 removal of diseased trees on private property to Ryan's Tree Service, Inc. in the total estimated amount of $53,775. ~~ Basis of Recommendation: . 1. Ryan's Tree Service, Inc. submitted the low bid for this work. 2. Staff checked references on this company, and received complimentary feedback. 3. Staff believes the per-tree prices are low enough to provide Richfield homeowners with a reasonable removal cost should they decide to have the City coordinate the removal of their diseased tree(s). Alternative Recommendation: Council may choose to reject this bid and direct staff to readvertise in an attempt to receive a lower bid. However, staff does not believe lower prices could be obtained from a responsible contractor. Discussion/Decision Mode: Staff is requesting approval at the April 12, 1999 Council meeting in order to assure sufficient time to process necessary paperwork before the first trees are marked for removal. p ctfully su fitted S ven L. Devich Acting City Manager SLD:ds Attachment • ~~ CITY OF RICHFIELD, MINNESOTA • Bid Opening March 4, 1999 11:00 a.m. Removal and Disposal of Diseased Trees on Private Property East District and/or West District Bid No. 99-2 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for removal and disposal of diseased trees on private property, bid no. 99-2, as advertised in the official newspaper on February 17, 1999. Present: Thomas Ferber, City Clerk Cheryl Krumholz, City Manager Representative Randy Hughes, Public Works Representative Ray Wroblewski, Sr. Clerk Typist J The following bids were submitted and read aloud: Vendor Bid Security Bid Amount Bid Amount EAST WEST Precision Landscape & 5% Bid Bond $36,849.00 $33,346.00 Tree, Inc. Ryan's Tree Service, Inc. 5% Bid Bond $28,220.00 $25,555.00 The City Clerk announced that the bids would be tabulated and considered at the April 12, 1999 City Council Meeting. Thomas P. Ferber City Clerk • 5~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda April 12, 1999 Issue Statement: Resolution requesting a variance to State Aid rule 8820.2800 Subpart 2 for City Project 401-30-519, State Aid Projects 157-020-15, 157-364-01, 27-635-23 traffic control signals at 64th Street and Portland Avenue. Background: A recent rule change to the Municipal State Aid (MSA) Division of the Minnesota Department of Transportation (MnDOT) requires that MnDOT's District State Aid Office approve MSA projects before bids are opened. Absent this prior approval the project can be considered ineligible for MSA funding. Staff and consultant were unaware that the signal plan for 64th Street and Portland Avenue, which includes Emergency Vehicle Preemption installation at the 66th Street and Portland Avenue signals, had not yet received the necessary approval when it recommended that Council award the project. The City Council awarded a contract in the amount of $121,626 at its regular meeting of February 22, 1999. An MSA Variance Committee must grant a variance in order to assure eligibility. A Variance Committee composed of city council members and city engineers from Minnesota cities will consider the variance in June. The contractor will be delayed until the variance issue is settled. The signal will likely not be in place until after July 4. These delays could increase the costs to the contractor and, so too, the project (the estimated increase would be less than $13,000): The consultant and City staff will continue to pursue an administrative variance in lieu of the formal variance in order to keep the project on schedule. If there is an increase in project costs, it will be shared by the City and the consulting engineer. Recommended Motion: Adopt the attached resolution requesting a variance from Municipal State Aid rules to allow MSA eligibility for the installation of traffic control signals at 64th Street and Portland Avenue. Basis of Recommendation: 1. Because a contract has been awarded, rescinding the contract could leave the City open to possible litigation and financially liable to the contractor to whom the contract was awarded and subsequently denied. 2. Although delaying the start of construction will likely increase the contractors cost and the cost to the City, the delay will assure MSA eligibility. Alternative Recommendation: 1. The Council could direct staff to continue with the project without awaiting the results of the Variance Committee. However, there is a risk that the variance would be denied and the current funding source, Municipal State Aid Construction Account • funds, would not be available to reimburse project expenses. ~~ i 2. The Council could choose to cancel the contract with Ridgedale Electric Inc. However, the City would be exposed to a claim by Ridgedale for an amount at least as much as the cost due to delays. In addition, the bid by Ridgedale is very good compared to the other bidders at the bid opening. Discussion/Decision Mode: Staff respectfully requests City Council consideration of this item at its regularly scheduled meeting of April 12, 1999. Res ectfully submitt d, • t . De is Acting City Manager SLD:cak • • 5D-a RESOLUTION NO. RESOLUTION AUTHORIZING REQUEST FOR VARIANCE TO THE RULES OF THE MUNICIPAL STATE AID DIVISION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the rules of the Municipal State Aid Division of the Minnesota Department of Transportation require that a proposed project receive District State Aid approval before bids for the project are opened; and WHEREAS, a violation of said rule could make a proposed project ineligible for Municipal State Aid (MSA) funding; and WHEREAS, Richfield staff, unaware that Municipal State Aid approval had not been granted, opened bids for State Aid Projects 157-020-15, 157-364-01, 27-635-23 and recommended award of a contract to Ridgedale Electric Inc. for construction of signalized traffic control systems at 64th and 66th Streets at Portland Avenue; and WHEREAS, based on said recommendation,, the' Richfield City Council did on February 22, 1999 award a contract for the projects; and WHEREAS, the only way for Richfield to overcome this error without incurring significant additional and unnecessary expense is to request and be granted a variance from the rules. Said variance would allow Richfield to use MSA construction funds for said project despite the contract being awarded prior to MSA District approval. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Richfield does hereby request that the Minnesota Department of Transportation, Division of State Aid grant a variance to the rules for State Aid Operations 8820.2800 subpart 2 for State Aid Projects 157-020-15, 157-364-01, 27-635-23 for construction of a signalized traffic control systems at 64th and 66th Streets at Portland Avenue. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of April, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • ~C CITY OF RICHFIELD, MINNESOTA Council Letter No. ~4 Agenda April 12, 1999 Issue Statement: Resolution authorizing approval of an agreement with Hennepin County for the construction of traffic signal at 64th Street and Portland Avenue. Background: The 1999 capital improvement budget identified the installation of a traffic signal at 64th Street and Portland Avenue. The capital improvement budget contains $112,500 .Municipal State Aid (MSA) funds and $37,500 County funds for a total of $150,000 for installation of one full-traffic actuated control signal system, two emergency vehicle preemption systems and one traffic control interconnect system. The proposed Hennepin County agreement is consistent with Hennepin County funding policy on signals. The County is responsible for about 25% of the costs. The Council awarded a contract for the construction of the signal on February 22, 1999 to Ridgedale Electric Inc. in the amount of $121,626. However, the total contract price may be increased due to delays in getting final MSA variances and approvals. Recommended Motion: Adopt the attached resolution authorizing the Mayor and Acting City Manager to execute Hennepin County Roadway Maintenance Agreement No. PW 18-19-99, County Project No. 9818, City Project No. 401-30-519 for construction of a traffic signal at 64th Street and Portland Avenue. Basis of Recommendation: 1. A formal agreement is needed for the County to reimburse the City for the County's portion of the costs incurred for the construction of the traffic signal. 2. Council awarded the contract to Ridgedale Electric Inc. on February 22, 1999. 3. Neighbors have been notified that the installation of the traffic signal would take effect this summer. 4. The agreement is consistent with Hennepin County's policy on signals. Alternative Recommendation: Do not ask the County to reimburse the City for a share in the cost of the traffic signal installation. However, the County has agreed to pay a portion of the cost and an agreement is a formality for release of funds. Discussion/Decision Mode: Staff requests approval of this agreement at the April 12, 1999 City Council meeting. Re ct Ily submitted, ~~ eve . Devich ~ Acting City Manager SLD:cak 5~- RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE HENNEPIN COUNTY ROADWAY MAINTENANCE AGREEMENT NO. PW 18-19-99 WHEREAS, the City of Richfield and Hennepin County have been negotiating to bring about the improvement of that portion of County State Aid Highway (CSAH) No. 35 between East 66th Street and the south ramps to Trunk Highway No. 62; and WHEREAS, the City and their consultants have prepared the necessary plans and specifications for the County Project No. 9818 and City Project No. 401-30-519; and WHEREAS, the City has requested that the County approve said plans and specifications and participate in the construction costs of said project; and WHEREAS, the County has indicated its willingness to approve said plans and specifications and participate in the construction costs of said project; and WHEREAS, it is contemplated the said parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59 carry out that said work. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Acting City Manager are hereby authorized to execute Agreement No. PW 18-19-99 for the installation of a traffic control signal system at the intersection of CSAH 35 (Portland Avenue) and East 64th Street. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of April, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 5g CITY OF RICHFIELD, MINNESOTA Council Letter No. 73 Agenda April 12, 1999 Issue Statement: Consideration of a request for a transitional activity permit (TAP) at 200 West 78th Street to allow continued use of the property as aself-storage facility. Background: In August 1998, industrial properties located along 1-494 were rezoned to zoning districts consistent with the Comprehensive Plan. The property at 200 West 78th Street is occupied by Minnesota Mini-Storage, aself-storage facility. This property was rezoned from I (Industrial) to C-2 (General Commercial). Storage facilities as principal uses are not permitted in the C-2 zoning district so the use became legally nonconforming with the rezoning. At the same time as the rezoning, the City Council adopted an ordinance to make it easier for nonconforming industrial properties to exist and possibly expand through a TAP. The TAP recognizes that the long term goal for the I-494 freeway corridor is for non-industrial uses but that current uses may continue to exist for many years. Until a viable proposal for a new use exists, property owners shouldn't be discouraged from investing in their property. Minnesota Mini-Storage is applying for a TAP to continue its current use of the property as a storage facility. The TAP makes the storage facility a permitted transitional use of the property, thereby removing the nonconforming status. They are not required to apply for a TAP to continue to operate but have chosen to do so. Recommended Motion: Approve a TAP for 200 West 78th Street to allow continued use of the property as a self-storage facility. Basis of Recommendation: 1. The property was zoned and used as industrial prior to October 3, 1998. 2. The transitional activity was permitted in the industrial district. 3. The transitional activity will maintain the vitality and economic success of the applicant's business during the transition period of the industrial property to commercial uses. 4. The transitional activity will not have an adverse impact upon development of land within the C-2 District in the manner intended for the district under the City's land use regulations or its Comprehensive Plan. The use has existed on this property for several years. 5. The transitional activity will not materially increase the potential public cost of development within the C-Z District because of significant increases in the land and building value. Z J'v ~' 6. The transitional activitywill be compatible with surrounding uses; will have no adverse ~; impact upon surrounding properties; and will be in full compliance with all performance standards and requirements contained in this code applicable to uses and structures in the I District. 7. The Planning Commission held a public hearing on this item and voted 7-0 for approval. The City Council does not hold public hearings on TAPs. 8. The Council can set a specific expiration date for a TAP; otherwise a TAP expires when a properly is sold. No specific expiration date is recommended because there are no redevelopment plans for the property at this time. Alternative Recommendation: 1. Deny the request for a TAP with a finding that continued use of the property as a self-storage facility will have an adverse impact upon the development of land within the C-2 District in the manner intended for the I-494 area under the City's Comprehensive Plan. 2. Approve the TAP with a set expiration date. Discussion/Decision Mode: This item is scheduled for the City Council agenda on April 12, 1999. Re ully submitted, -s .,~ i n,,.,~~ Acting City Manager SLD:ds • 5A .CITY OF RICHFIELD, MINNESOTA Council Letter No. ~2 Agenda April 12, 1999 Issue Statement: Consider a request for an off-street parking permit for 6333 Cedar Avenue to allow a building addition. Background: The applicant, Tom Larson, is proposing to add a 3,900 sq. ft. addition onto an existing building. Currently, much of the business' storage, loading and other work activities take place outside. The addition will allow them to move these activities inside. A new mansard roof and a stucco finish will be put on the existing building. The existing shed will be demolished and replaced with the building addition. The building addition will be finished with rock-faced concrete block to match the current building. The rear of the building addition will be smooth-faced block to allow for easier maintenance. New landscaping will be provided in front of the building. Seven parking spaces will be provided on the site. Additional space will be available inside the building for overnight storage of business-related vehicles. Parking lot curbing will be repaired and replaced and a handicapped parking stall provided. The proposed addition will not meet current setback requirements. The Hearing Examiner granted variances to the setback requirements on April 1, 1999. Improvements are proposed for the intersection at 66th Street and Cedar Avenue, which would affect access to Cedar Avenue and 66th Street in this area. The applicant has been made aware of these future improvements, although the timing and funding of these improvements are uncertain. Recommended Motion: Approve an off-street parking permit for 6333 Cedar Avenue to allow construction of a 3,900 sq. ft. building addition. Basis of Recommendation: 1. The proposed addition will improve the property's appearance and function. 2. Currently, the business has an old shed on the property that provides inadequate storage space. The building addition will allow for indoor storage of supplies and vehicles. 3. The property's building exterior, landscaping, and parking lot will be improved as part of the project. 4. Adequate parking would be provided. • 5~~~ 5. Future redevelopment and transportation improvements for the area are currently • without a certain timetable. It is appropriate to allow property improvements at this time. Alternative Recommendation: Deny the off-street parking permit. Discussion/Decision Mode: This item is scheduled on the Consent Calendar. 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