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6-24-96 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, JUNE 24, 1996 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION OF JUNE 10, 1996 AND (2) REGULAR CITY COUNCIL MEETING OF JUNE 10, 1996 • PRESENTATIONS 1. PRESENTATION OF GENE AND MARY JACOBSEN CITIZEN OF THE YEAR AWARD FOR 1995 TO PATRICK KIEHL COUNCIL LETTER NO. 192 2. PRESENTATION OF CERTIFICATES OF APPRECIATION TO 1996 -97 MISS RICHFIELD AMBASSADOR CANDIDATES COUNCIL LETTER NO. .193 3. PRESENTATION OF 1996 LEAGUE OF MINNESOTA CITIES CITY ACHIEVEMENT AWARD FOR TECHNOLOGY COUNCIL LETTER NO. 194 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA 0 5. COUNCIL APPROVAL OF AGENDA 6. PUBLIC HEARING AND CONSIDERATION OF APPEAL TO BOARD OF ADJUSTMENT AND APPEALS REGARDING VARIANCES GRANTED BY HEARING EXAMINER TO ACADEMY OF HOLY ANGELS, 6600 NICOLLET AVENUE, TO ALLOW CONSTRUCTION OF ATHLETIC FIELD AND SEASONAL SPORTS FACILITY COUNCIL LETTER NO. 195 7. PUBLIC HEARING REGARDING REQUEST FOR AMENDED CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF SEASONAL SPORTS FACILITY AND ATHLETIC FIELD AT ACADEMY OF HOLY ANGELS, 6600 NICOLLET AVENUE COUNCIL LETTER NO. 196 8. PUBLIC HEARING TO CONSIDER APPROVAL OF UPDATE OF CITY'S COMPREHENSIVE PLAN COUNCIL LETTER NO. 197 9. PROCLAMATION DESIGNATING JULY 7 THROUGH JULY 13, 1996 AS NATIONAL THERAPEUTIC RECREATION WEEK IN CITY OF RICHFIELD COUNCIL LETTER NO. 198 10. PROCLAMATION DESIGNATING JULY AS NATIONAL PARK AND RECREATION MONTH IN RICHFIELD COUNCIL LETTER NO. 199 11. 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 REQUEST FOR OFF - STREET PARKING PERMIT TO ALLOW CONSTRUCTION OF FOURTH MUNICIPAL LIQUOR STORE, 7700 LYNDALE AVENUE C.L. 200 B. CONSIDERATION OF APPROVAL OF ACTION PLAN TO ACHIEVE HOUSING GOALS RELATED TO METROPOLITAN LIVABLE COMMUNITIES ACT C.L. 201 C. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR 1996 SIDEWALK, CURB AND GUTTER REPAIR, AND CATCH BASIN RECONSTRUCTION PROJECT TO RON KASSA CONSTRUCTION IN AMOUNT OF $34,080.48 C.L. 202 D. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR REPLACEMENT PLAY EQUIPMENT AT AUGSBURG PARK, 70TH STREET AND WENTWORTH AVENUE, TO EARL F. ANDERSEN, INC. IN AMOUNT OF $54,549 C.L. 203 E. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR ONE DUST COLLECTOR FOR USE AT WATER PLANT FROM VESSCO, INC. IN AMOUNT OF $5,663.43 C.L. 204 F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR MOWING SERVICES FOR 77TH STREET REDEVELOPMENT AREA FROM CONTRACT MAINTENANCE IN AMOUNT OF $8,580 C.L. 205 G. CONSIDERATION OF APPROVAL OF TEMPORARY ON -SALE NOW INTOXICATING MALT LIQUOR LICENSE AND FEE WAIVER ON JULY 3, 1996 FOR FRED BABCOCK VFW POST 5555 C.L. 206 H. CONSIDERATION OF APPROVAL OF TEMPORARY ON -SALE NON - INTOXICATING MALT LIQUOR LICENSE AND FEE WAIVER ON JULY 4 FOR MINNEAPOLIS- RICHFIELD AMERICAN LEGION POST 435 C.L. 207 I. CONSIDERATION OF APPROVAL OF COMMUNITY CELEBRATION EVENT LICENSE AND FEE WAIVER FOR FOURTH OF JULY COMMITTEE FOR EVENTS SCHEDULED ON JULY 4, 1996 C.L. 208 J. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT LICENSE FOR OAK GROVE LUTHERAN CHURCH, 7045 LYNDALE AVENUE, FOR BLOCK PARTY ON AUGUST 17 AND 18, 1996 C.L. 209 K. FINAL PAYMENT FOR SITE DEVELOPMENT OF WASHINGTON PARK; SUNRAM CONSTRUCTION; $31,312.48 12. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE, SALE AND DELIVERY OF $8,010,000 MULTI - FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1996, FOR VILLAGE SHORES PROJECT COUNCIL LETTER NO. 210 0 a 13. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO AUTHORIZE SALE OF CITY -OWNED PROPERTY AT 7625 EMERSON AVENUE TO RICHFIELD HRA FOR RICHFIELD REDISCOVERED SITE DEVELOPMENT AND AUTHORIZATION TO ENTER INTO LICENSE AGREEMENT WITH HRA COUNCIL LETTER NO. 211 -;•-• �•-s � 14. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING SECTION 1100.13 OF RICHFIELD CITY CODE REGULATING CERTAIN TYPES OF CHARITABLE GAMBLING COUNCIL LETTER NO. 212 15. CONSIDERATION OF RESOLUTION AUTHORIZING STUDY TO BE CONDUCTED PERTAINING TO TELECOMMUNICATIONS TOWERS, IMPOSING MORATORIUM ON DEVELOPMENT OF TELECOMMUNICATIONS TOWERS DURING STUDY; AND FIRST READING OF INTERIM ORDINANCE AUTHORIZING STUDY ON TELECOMMUNICATIONS TOWERS AND • IMPOSING MORATORIUM ON DEVELOPMENT OF TELECOMMUNICATIONS TOWERS FOR 90 DAYS COUNCIL LETTER NO. 213 16. CONTINUED DISCUSSION OF REQUEST FOR AMENDED PLANNED UNIT DEVELOPMENT /FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO ALLOW ADDITION OF VETERINARY CLINIC AS ALLOWABLE USE IN PHASE I OF SHOPS AT LYNDALE, 1100 WEST 78TH STREET COUNCIL LETTER NO. 214 17. CONSIDERATION OF APPLICATION FOR NEW COMMERCIAL KENNEL LICENSE FOR A CARING DOCTOR (MINNESOTA) P.A. d.b.a. VETSMART PET HOSPITAL AND HEALTH CENTER, 1100 WEST 78TH STREET (ACTION TABLED APRIL 8, 1996) COUNCIL LETTER NO. 215 18. CONSIDERATION OF AWARD OF CONTRACTS FOR CONSTRUCTION OF ADDITIONAL LOCKER ROOMS AT RICHFIELD ICE ARENA TO UNITED CONTRACTING FOR GENERAL CONSTRUCTION IN AMOUNT OF $211,200; LBP MECHANICAL, INC., FOR MECHANICAL CONSTRUCTION IN AMOUNT OF $56,600; AND INDUSTRIAL ELECTRIC COMPANY FOR ELECTRICAL CONSTRUCTION IN AMOUNT OF $16,300 COUNCIL LETTER NO. 216 19. PRESENTATION OF CITY OF RICHFIELD COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED DECEMBER 31, 1995 COUNCIL LETTER NO. 217 AIRPORT BUSINESS 20. AIRPORT STATUS REPORT 21. LEGISLATIVE REPORT CORRESPONDENCE • 22. COUNCIL DISCUSSION ITEMS 23. CLAIMS AND PAYROLLS 24. 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 861 -9702. /9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 217 Agenda June 24, 1996 Issue Statement: Presentation of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 1995. Background: The City's auditing firm of Deloitte & Touche completed the audit of the City's fiscal year ended December 31, 1995 in May 1996. The CAFR was subsequently submitted to the State of Minnesota as required and to the Government Finance Officers Association for compliance review. The action to be taken at the June 24, 1996 City Council meeting is the official receipt of the CAFR by the City Council. A more in -depth presentation of the 1995 financial information will be made by the City's auditors, Deloitte & Touche, at a City Council Study Session on July 1, 1996. It should be noted that the three Tax Increment tables presented are not current. The budget amounts for the tables are in the process of being updated. Completed, updated tables will be presented at the July 1, 1996 City Council Study Session. Recommended Motion: It is recommended that the City Council accept the Comprehensive Annual Financial Report of the City for the year ended December 31, 1995. Basis of Recommendation: The City's auditor has performed an audit of the City's financial records for the year ended December 31, 1995 and prepared reports to the City Council concerning legal compliance and internal controls. Alternative Recommendation: The City Council could ask the auditors for further explanation of their findings. Discussion /Decision Mode: Action on this item is requested at the June 24, 1996 City Council meeting. The CAFR has been previously submitted to the State of Minnesota, pursuant to State law. submitted, Jamey, D City M JDP:ds CITY OF RICHFIELD, MINNESOTA 1 Council Letter No. 216 Agenda June 24, 1996 Issue Statement: Award of contracts to United Contracting, Minneapolis, Minnesota for the general construction contract; LBP Mechanical, Inc., Minneapolis, Minnesota for the mechanical construction contract; and Industrial Electric Company, Minneapolis, Minnesota for the electrical construction contract for the Richfield Ice Arena locker room addition project. Background: The City Council previously approved the application for a $50,000 "Mighty Ducks" grant to expand the locker rooms at the Ice Arena. The City Council authorized staff to retain the architectural firm of Hammel, Green and Abrahamson, Inc. (HGA ) for the architectural design, preparation of construction documents and construction administration services for the locker room project. The City Council also authorized staff to solicit bids for construction. The inability to provide privacy has been a major concern of the facility users and staff since the girls' and women's hockey programs have been initiated. In addition, the locker rooms, as they currently exist, do not provide adequate space for teams to dress or to shower. The lack of space essentially eliminates options to provide privacy within the existing structure. This need to assure dressing room separation has been especially important now with the growth of girls' hockey programs and the concurrent • use of the Ice Arena of individuals ranging in age from young children to adults. Attempts to use scheduling to avoid privacy problems have proven unsuccessful, primarily because "gender scheduling" would severely limit equal access to the Ice Arena. In addition, accessibility issues under the Americans With Disabilities Act (ADA) provision also need to be addressed. The bidding of the project was divided into three primary areas: general, mechanical and electrical construction. It was believed that the City would receive more bids and that the bids would be more competitive by having three primaries. There were ten general, four mechanical and two, electrical bids. The project was estimated by HGA to cost approximately $235,000. However, the bids received for the project total closer to $285,000. While the costs significantly exceed the architect's estimate, the bids are consistent, are very competitive and appear to show true costs for completing the project. There appears to be a number of reasons why the architect's estimate falls far short of the actual bids for the project. The primary discrepancy between the estimate and bids occurs in the area of the general construction portion of the project. Apparently, a current shortage of masonry workers has sharply increased the costs of all masonry projects. In addition, the cost of the add -on corridor and ramp to address the ADA accessibility of the project was estimated $13,000 too low. However, it also appears that as the design of the project changed, not enough attention was given to overall costs by the architects. 1$,/ The mechanical portion of the contract was also under estimated by the architects by nearly $13,000. This discrepancy appears to be related to the hearing component of the project. The electrical portion was estimated slightly higher than the contractor low bid. The design of the locker room expansion project still appears to be an appropriate design. The project design does not have any extras that could be removed to reduce the cost. It makes use of all existing toilet and shower facilities, requires minimum removal of existing walls, keeps all new toilets and showers in new construction areas and provides adequate, but not excessive, locker room space. Also, the design eliminates the problem of players needing to walk through the players boxes.( a major concern of the facility users) to get to the locker rooms and complied with ADA. Staff has determined that if the City Council decides to proceed with the project, it is possible to construct the locker room expansion this summer. The advantage to summer construction is primarily the avoidance of privacy problems during the 1996/1997 hockey season. In addition, the City is assured of meeting the June 20, 1997 grant deadline for use of the $50,000. If the project is to be constructed for the 1996/1997 season, construction would need to be initiated immediately. Construction during the hockey season is not practical because of the need to shut down existing locker rooms in order to expand. It is staffs suggestion that the contracts be awarded so the locker room expansion can be completed by October. Staff recommends proceeding with the project at this time and to include the ADA • accessibility corridor (Alternate #1) and to use matching brick for the outside facade of the new addition to match the existing building. A savings of approximately $7,000 could be realized if a less expensive stucco exterior was used instead of matching brick. However, the stucco would be greatly inferior, both in terms of aesthetics and durability. Funding for the project in addition to the $50,000 grant would include approximately $100,000 - $110,000 from the current year's capital improvement budget which had previously been designated for a parking lot at Veterans Park and an interfund loan for the remaining amount. The loan would be repaid with interest during 1997 and 1998 from special revenue funds. Recommended Motion: City Council award the following contracts for the construction of additional locker rooms at the Richfield Ice Arena: • United Contracting, 2817 Anthony Lane South, Suite 304, Minneapolis, MN 55418; $211,200 for general construction, including the accessibility corridor. • LBP Mechanical Inc., 315 Royalston Avenue North, Minneapolis, MN 55405; $56,600 for the mechanical construction. • Industrial Electric Company, 600 South Ninth Street, Minneapolis, MN 55404; $16,300 for the electrical construction. Basis of Recommendation: D �� 1. United Contracting was low bid, has similar project experience and is recommended by Hammel, Green and Abrahamson, Inc. 2. LBP Mechanical was second low bid. Low bid, Peterson Mechanical, excluded the fire protection in their bid and therefore, did not fully meet specifications. 3. LBP Mechanical has similar project experience and is recommended by Hammel, Green and Abrahamson, Inc. 4. Industrial Electric was low bid, is experienced and recommended by Hammel, Green and Abrahamson, Inc. 5. The City of Richfield will need to provide adequate locker room facilities to accommodate the privacy needs of male and female participants. 6. A corridor to the locker rooms is needed to provide handicap accessibility from inside the building to the locker rooms. 7. It does not appear that bidding this project at a future date would result in lower bids. 8. The project must be completed by July 1997 to receive $50,000 "Might Ducks" grant. Alternative Recommendation: i 1. The City Council could accept other bids. 2. The City Council could not award contracts and re -bid project in 1997. 3. The City Council could eliminate locker room additions. Discussion /Decision Mode: In order to complete this project by the next hockey season, it is imperative that work on this project begin as soon as possible. This item has been placed on the June 24, 1996 Council agenda to allow adequate time to begin the project in time for an October completion if the City Council decides to approve this project. Respec submitted, James rosser City Manager JDP:cak • L_I F- 0 w a Z 00 N C1 O(o U m 0 � ao LL O ° ° U • i� E O 0 Y U 0 m LO N � L 0 Q Z V N L a w O Z O Via` 3 YU Lm C U ° U � N E O o LL N Y a U _O CUC CO E C L Q � N � U .a •'a N N V V U� m 30 m� (D > O N O •� O Q� 4) m C 46 rn GEL rn c rn m 0,00) U N O � � Sri 02 %-- N C O m O r'3•- 0 rnQ Z Q =y U) ° E 3 N C N N � N o o N o N CL r- L +r Q C • 5 � • v0i C M o� a av C N N Q. CL) a) O C N U N O t L Y. 4) O U N w U m CO � N U 'c UQ t > LL E N O > H� C 0 rn a a O C6 C O 'a a rn 3 N .c rn 0 .° 0 s F- /9-3 V U U U U U U U U N a a a a a a "a a a a ZO O O 0 O O O O O O O L O O O O O O 0 0 0 0 00 O O M O O O O O O R 0) O O v O O O O co O C O O O N O I- M O N co L O a i N N P. IZ 0 N Q r C9 O O O O O O O O O O ^ 0 O O O O O O O O O O O Z V N CV N O O O O O O ( O O O O M � M CO O 'tt _° V N N M N N N N N N N � a 00 00 00 00 00 00 00 00 O C9 00 00 i v C 00 O C5 O O O O O O O C m LN co O v 000 � N v N H O T- M 0) O 0) O 0) C m O N C) N N N 000 �- N V c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 m m m m m m m m m m C) LU ;a v ;a v -0 a -a ;a -0 m m m m m m m m m m 0 0 0 0 o o o 0 0 m to LO U') LO LO LO LO U') cn In C_) O o U c U 0 = t 0 U O U L U ca L .. ui ° 0 0 ° o o U p U U V U CD o m V O O O C U N L ° O C O U 0 o U O od o c a > c m U4-, : a E c CO .a C/) (1) o o uaaa0 2 00 I—� Um -,2 eco 2m 20 22 0 • i N C i� C oO O O CO L � Y U J O O N 'O U m. /3-4 c C� L O O U U O O N N C N t a T) N N c U a co a f0 75 N O O 3 a :Q a� L a U c 7 O C C cc L N Q% H Y L U U L LL a. (C O t H U U U V W a 4) (D 4) O •L N 'O` L V C .... co LO Z 'C O a O C O O O cnl m O v iW i V N It V. N r M M coo R a .0 m V d d N N m O O O O v C D m c z :a N m m r-- M cn 0 G lL) m N C C O D U V Y U L N ca U 2 a (p W ir- m W _ m mw m N m m m LO U N L O L U O U O W U V c D O N U = U cQ m = L N E O a L L +4 .0 2.2 Q- ¢a N O n.0 a a aOW m J� c C� L O O U U O O N N C N t a T) N N c U a co a f0 75 N O O 3 a :Q a� L a U c 7 O C C cc L N Q% H Y L U U L LL a. (C O t H ts t5 lq- W a a C i Z 'Q O O •L N 'O` L V .... co LO �— fV a C O v iW O O O O C 'a m O O O 2 M M coo R N .0 m V d W ~ C D m c W'a N m Z', D m C D U W W L ca U 2 a (p W ir- p .2 _ m mw c C� L O O U U O O N N C N t a T) N N c U a co a f0 75 N O O 3 a :Q a� L a U c 7 O C C cc L N Q% H Y L U U L LL a. (C O t H r"') CITY OF RICHFIELD, MINNESOTA Council Letter No. 215 Agenda June 24, 1996 Issue Statement: Consideration of application for a new commercial kennel license for A Caring Doctor (Minnesota) P.A. d.b.a. Vetsmart Pet Hospital and Health Center, 1100 West 78th Street. (Action tabled April 8, 1996) Background: On March 25, 1996, the Council was asked to consider an application for a commercial kennel license for A Caring Doctor to operate a veterinary clinic out of leased space from Petsmart, 1100 West 78th Street. The motion failed after a motion and second to approve. Therefore, the license was not approved. The Council on a 4 -1 vote directed the City Attorney to prepare findings of fact to support the action and present them at the April 8, 1996 meeting. At this same meeting and prior to the kennel license agenda item, the issue of an appeal of the denial by the Community Development Director to include in the planned unit development a veterinary clinic was considered. The Council action was to sustain the decision of the Community Development Director. The subsequent result was that a veterinary clinic was not a part of the planned unit development at the Shops at . Lyndale. Prior to the April 8, 1996 Council meeting, a lawsuit was filed by Petsmart which challenged the actions of the City in denying a veterinary clinic in the planned unit development and the denial of the kennel license. At the April 8, 1996 Council meeting, due to the pending litigation initiated by Petsmart on the planned unit development issue and Vetsmart on the kennel license issue, the Council tabled any actions on the kennel license (to include any findings of fact) until the pending lawsuits are resolved. Recommended Motion: Approve the application for a commercial kennel license for A Caring Doctor d.b.a. Vetsmart subject to the attached conditions. Basis of Recommendation: 1. The Council and its attorney(s) met concerning the pending litigation. 2. The planned unit development issue will be addressed prior to this item. Alternative Recommendation: 1. None. M -1 Discussion /Decision Mode: Remove from the table the application for a commercial kennel license to operate a veterinary clinic by A Caring Doctor d.b.a. Vetsmart in leased space from Petsmart, 1100 West 78th Street. Respectfully submitted, James D. Prosser City Manager JDP:cak is 0 FROM : JARDINE,LOGAN &O'BRIEN PHONE NO. : 612 223 5070 Jun. 20 1996 01:06PM P5 /-?-;L CONDITIONS IMPOSED ON THE GRANTING OF THE COMMERCIAL KENNEL VE'"T.'ERINARY CLINIC LICENSE ISSUED TO A CARING DOCTOR (MINNESOTA). P.A.. WHICH ARE ALSO CONDITIONS THAT pETSMART INC. WOULD AGREE TO COMPLY WITH AS PART OF THE AMENDMENT TO THE CUP AND FINAL DEVELOPMENT PLAN WALLOW A VETERINARY CLINIC �. All animals in the store and the veterinary clinic must be controlled by a leash not exceeding six feet (61) in length or in a carrier of adequate size and strength to be reasonably able to control the animal. 2. A Caring Doctor (Minnesota), P.A., shall not be a boarding facility for animals. if animals that are being cared for at the veterinary clinic need to be taken for a walk to determine their condition or their response to surgery, then the animal will be taken outside on a leash and walked in an area that is not included in the front parking lot. 3. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., agree at their own expense to continuously carry public' liability insurance in amounts of at least Five Hundred Thousand and no /100 Dollars ($500,000.00) for injury or death to one person and One Million and no /100 Dollars • ($1,000,000.00) for injury or death to more than one person in one occurrence so as to ensure PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., against all claims and causes of action arising out of injury to any person or persons while on the premises within the possession of and under the operation of PETsMART, Inc., and A Caring Doctor (Minnesota), P.A. PETsMART, Inc., and A Caring Doctor (Minnesota), P.A., agree-to provide the City of Richfield with Certificates of insurance evidencing such coverage and for each renewal of .the license thereof. 4. PETsMARTI Inc., and /or A Caring Doctor (Minnesota), P.A., shall post appropriate signs at the entrance to the PETsMART, Inc., store and at the entrance to the veterinary clinic and at two ( 2 ) locations in the parking lot servicing such store and veterinary clinic advising the customers and patrons of the need to restrain their animals in the manner as set forth in paragraph 1 above. The signs to be posted in the parking lot shall be at locations to be recommended by the City's Director of Public Safety. The signs required by this paragraph shall also advise customers of the need to remove feces deposited on the property by their animal. The signs to be posted in the parking lot are subject to the.consent of the owner of the shopping center. • • FROM JARDINE,LOGAN &0'13RIEN PHONE NO. 612 223 5070 Jun. 20 1996 01:07PM P6 I � -3 g. PETsMART, Inc., and A Caring Doctor (Minnesota),' P.A., must file with the Public Safety Director for approval a written plan showing the procedures they will use for removing waste from the parking areas and PETsMART, Inc. , and A Caking Doctor (Minnesota), P.A., must comply with such procedures. At a minimum, the exterior of the building and the parking lot near the building must be checked twice a "day for the removal of any animal feces that may occur as a result of patrons bringing their animals with them to the store or the veterinary clinic. All feces must be cleaned up and immediately disposed of properly. 6. Any incidents of animals biting persons must be immediately reported to the City's. Director- of Public Safety. 7. PE'TsMART, Inc., and A Caring Doctor (Minnesota), P.A., must comply with all applicable state laws, regulations and City Ordinances. 2 / (40 CITY OF RICHFIELD, MINNESOTA Council Letter No. 214 Agenda June 24, 1996 Issue Statement: Continue discussion of a request for an amended planned unit development/final development plan and conditional use permit to allow the addition of a veterinary clinic as an allowable use in Phase I of the Shops at Lyndale, 1100 West 78th Street. Background: A public hearing was conducted on April 8, 1996 to discuss PETsMART's request to amend the planned unit development plan for Phase I of the Shops at Lyndale to allow the addition of a veterinary clinic. The Council closed the public hearing but tabled discussion of the item due to pending litigation. No further public hearing is required. Minnesota Statute requires that cities make a decision on a zoning application within 60 days of receiving an application. Cities may extend the deadline for an additional 60 days. Any extension beyond 60 days must be approved by the applicant. The City exercised its prerogative to extend the 60 -day time period until July 1, 1996. The Council must make a decision on the application or PETsMART must agree to an additional extension. Failure to make a decision or to extend the time period would • result in automatic approval of the request. Approval of the amended planned unit development would enable the applicant to incorporate an 1,800 square foot veterinary clinic in the existing PETsMART retail store. Customers would access the clinic through a separate entrance, which is located just east of the main entrance, or alternatively through the retail store. The property is zoned PC -2 (planned general commercial). Recommended Motion: Continue discussion and make a decision to grant or deny an amended planned unit development for Phase I of the Shops at Lyndale, 1100 West 78th Street. Approval of the conditional use permit requires an affirmative vote by four Council Members. Basis of Recommendation: 1. Veterinary clinics are permitted uses in the C -2 district, which serves as a guide to allowable uses in the PC -2 district. 2.. The existing shopping center provides adequate parking, parking circulation, and landscaping to accommodate the addition of a vet clinic. 3. On March 26, 1996, the Planning Commission voted 7 -1 to recommend approval of the proposal. 1,�-) 4. Failure to make a decision on the request by July 1, 1996 will result in automatic approval. 5. Notice of the continued hearing was mailed to property owners within 350 feet of the subject property. Notice of the original hearing was published in the Sun - Current. Additional notification in the Sun - Current is not required. Alternative Recommendation: 1. Request an additional extension from PETsMART. However, a favorable response is unlikely. 2. The Council may also reconsider action approving the Community Development Director's interpretation of the zoning ordinance which required that the veterinarian use requires a conditional use permit in this instance. This action requires an affirmative vote of three Council Members. Discussion /Decision Mode: A public hearing was held on 7:00 p.m. on Monday, April 8, 1996. The item was tabled. Consideration of the item will continue on Monday, June 24, 1996 in the Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respec illy submitted, Jam D. Prosser City Manager JDP:ds • "rpm-AM � ld OHS 3 " � r J i C> r H W i= 4' 1 s 1 , 1 , 1 1 Q D I I 1 1 ! T � 1 I I _ 1 1 1 `I ' ♦♦ 1 ♦ t 1 , 1 � O 1 1 , 1 , 1 , ' � 1 - -- - - -- - - - - -- O ...........--- ................: ................................................................................................... w rt?7JIw2Y 31VGNkl IV SdOHS 3Hl : ► �� E l�l om om a =mom MPI WSJ nwdAv MV(3NA-1 IV SdOHS 3H1 --- rl_r M O 0 fit 60 - � l i 0 0 15-,- CITY OF RICHFIELD, MINNESOTA Council Letter No. 213 Agenda June 24, 1996 Issue Statement: Consideration of a resolution and the first reading of an interim ordinance which authorizes a study to be conducted and a moratorium to be imposed on the development of telecommunications towers in the City. Background: The City zoning ordinance does not adequately address the issues related to the location and installation of telecommunications towers and antennas for personal communication services (PCS). Under the Federal Telecommunications Act of 1996, cities and states are somewhat restricted in their ability to limit the provision of telecommunications services. Cities are, however, allowed to establish reasonable guidelines governing the location, height, soundness of construction, and aesthetics of the structures. It is important that the City thoroughly explore the issues and prepare ordinance regulations that effectively respond to requests for this type of use. • The City has received a request from a telecommunications company to locate PCS antennas and towers in the City. It is appropriate for the Council to consider imposing a moratorium for a period of 90 days to allow time to adequately study the issues. Recommended Motions: 1. Adopt a resolution authorizing a study to be conducted pertaining to telecommunications towers, impose a moratorium on the development of telecommunications towers during the study; and 2. Approve first reading of an interim ordinance authorizing a study on telecommunications towers and imposing a moratorium on the development of telecommunications towers for 90 days, and schedule a public hearing and second reading of the interim ordinance for July 22, 1996. Basis of Recommendation: 1. The City's zoning ordinance does not adequately address the issues related to the development of telecommunications towers. 2. Conducting a study and providing a 90 day moratorium while the study is conducted is a reasonable response. 3. Legal counsel has advised that if 90 days proves inadequate, an additional 30 days • may be requested at a later date. / S -I • 4. A two step process has been developed to responsibly control telecommunication tower development during the study period: • A resolution covers the period of June 24, 1996 to August 30, 1996 and • An ordinance covers the period after August 30, 1996. Alternative Recommendation: 1. The Council may decide not to authorize a study. 2. The Council may decide not to authorize a moratorium. Discussion /Decision Mode: This matter is presented for action at the City Council meeting of June 24, 1996. First reading of the interim ordinance is set for June 24, 1996. If approved, a public hearing and second reading will be scheduled on July 22, 1996. An ordinance becomes effective August 30, 1996 if approved on July 22, 1996. Respectful submitted, James . Prosser • City Manager JDP:ds • /;5-a RESOLUTION NO. RESOLUTION DIRECTING A STUDY BE CONDUCTED ON TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES AND ESTABLISHING A MORATORIUM BE IT RESOLVED, By the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: Section 1. Background. 1.01. The City of Richfield ( "City ") currently regulates various types of transmission and reception facilities through its official controls. 1.02. Among the facilities that are currently subject to regulation are antennas and towers having a fixed location and operated to furnish to the public commercial wireless telecommunication services (hereinafter "CWTS ":), including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. • 1.03. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of CWTS in the recent past; .and that trend can be expected to accelerate in the reasonably foreseeable future. 1.04. The city's regulation of antenna and tower transmission facilities predates the events described above and fails to differentiate among the various types of facilities including CWTS. 1.05. The City Council is concerned that its official controls relating to antennas and towers may not adequately address issues related to these towers, such as the appropriate locations for the towers and the conditions under which they may be allowed within the City, including structural and construction requirements, co- location, setbacks, and height limitations. 1.06. The City has received inquiries from companies desiring to construct CWTS towers and other facilities in the City. Section 2. Findings. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so, to adopt the appropriate amendments. 15-3 2.02. The City Council finds that there is a need to adopt interim measures for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zoning Study. 3.01. A study, is authorized to be conducted by City staff to determine if the City's official controls need to be modified as they relate to CWTS's. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, there is hereby established a moratorium on the construction, erection placement, reconstruction, enlargement, or expansion of CWTS towers within the City and on the development and use of property for such purposes. 3.03. During the period of the moratorium, applications for final site and building plan approval, building permits, and other permits and approvals related to such tower work shall not be accepted by the City; neither the Planning Commission nor the City Council shall consider or grant approval of any application for such work; and no building permits for such work shall be issued. 3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole, • spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of providing commercial wireless telecommunication services to the public. 3.05. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the repair and /or maintenance of any existing tower provided that such work does not enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety, life, or property in the face of an emergency, or (d) tower work that has received all necessary permits and approvals from the City prior to the effective date of this resolution. Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless earlier repealed or modified by the City Council, this resolution is effective until October 1, 1996. The City Council may, by adoption of an interim ordinance pursuant to Minnesota Statutes, Section 462.355, subdivision 4, modify or extend the moratorium established by this resolution. Adopted by the City Council of the City of Richfield, Minnesota this day of , 1996. 0 ATTEST: Thomas P. Ferber, City Clerk • • Martin J. Kirsch, Mayor 15-q ktJtsect — Approved ��1'l1gJO 0 RESOLUTION NO. RESOLUTION 'DIRECTING A STUDY BE CONDUCTED ON TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES AND ESTABLISHING A MORATORIUM BE IT RESOLVED, By the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: Section 1. Backaround. 1.01. The City of Richfield ( "City ") currently regulates various types of transmission and reception facilities through its official controls. 1.02. Among the facilities that are currently subject to regulation are antennas and towers having a fixed location and operated to furnish to the public commercial wireless telecommunication services (hereinafter "CWTS ":), including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. 1.03. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of CWTS in the recent past; and that trend can be expected to accelerate in the reasonably foreseeable future. 1.04. The city's regulation of antenna and tower transmission facilities predates the events described above and fails to differentiate among the various types of facilities including CWTS. 1.05. The City Council is concerned that its official controls relating to antennas and towers may not adequately address issues related to these towers, such as the appropriate locations for the towers and the conditions under which they may be allowed within the City, including structural and construction requirements, co- location, setbacks, and height limitations. 1.06. The City has received inquiries from companies desiring to construct CWTS towers and other facilities in the City. Section 2. Findings. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so, to adopt the appropriate amendments. • 2.02. The City Council finds that there is a need to adopt interim measures for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zoning Study. 3.01. A study is authorized to be conducted by City staff to determine if the City's official controls need to be modified as they relate to CWTS's. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, there is hereby established a moratorium on the construction, erection placement, reconstruction, enlargement, or expansion of CWTS towers and CWTS antennas within the City and on the development and use of property for such purposes. 3.03. During the period of the moratorium, applications for final site and building plan approval, building permits, and other permits and approvals related to such tower work shall not be accepted by the City; neither the Planning Commission nor the City Council shall consider or grant approval of any application for such work; and no building permits for such work shall be issued. 3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting a CWTS antenna or similar apparatus above grade, for the purpose of providing commercial wireless telecommunication services to the public. 3.05. For the purposes of this moratorium, the term "CWTS antenna" shall mean the component of the CWTS which actually transmits and receives the signal. 3.06. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the repair and /or maintenance of any existing tower provided that such work does not enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety, life, or property in the face of an emergency, or (d) tower work that has received all necessary permits and approvals from the City prior to the effective date of this resolution. Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless earlier repealed or modified by the City Council, this resolution is effective until October 1, 1996. The City Council may, by adoption of an interim ordinance pursuant to Minnesota Statutes, Section 462.355, subdivision 4, modify or extend the moratorium established by this resolution. . Adopted by the City Council of the City of Richfield, Minnesota this day of 11996. ATTEST: Thomas P. Ferber, City Clerk • • Martin J. Kirsch, Mayor 15=5 0 ORDINANCE NO. AN INTERIM ORDINANCE REGULATING TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: ESTABLISHING A MORATORIUM; AND DIRECTING A STUDY BE CONDUCTED THEREON THE CITY OF RICHFIELD ORDAINS: • I Ml 1.37M ,. • _ i. 1.01. The City of Richfield ( "City ") currently regulates various types of wireless transmission and reception facilities through its officials controls. 1.02. Among the facilities that are currently subject to regulation are antennas and towers having a fixed location and operated to furnish to the public commercial wireless telecommunication services (hereinafter "CWTS "), including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. 1.03. Market demand, rapid advances in technology and expanding federal licensure of radio frequencies has resulted in the proliferation of CWTS in the recent past; and that trend can be expected to accelerate in the reasonably foreseeable future. 1.04. The city's regulation of antenna and tower transmission facilities predates the events described above and fails to differentiate among the various types of facilities including CWTS. 1.05. The City Council is concerned that its official controls relating to antennas and towers may not adequately address issues related to these towers, such as the appropriate locations for the towers and the conditions under which they may be allowed within the City, including structural and construction requirements, co- location, setbacks, and height limitations. 1.06. The City has received inquiries from companies desiring to construct CWTS towers and other facilities in the City. Section 2. Findings. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so, to adopt the appropriate amendments. f 2.02. The City Council finds that there is a need to adopt interim measures for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. ' . .it _ •t t•I� 3.01. A study is authorized to be conducted by City staff to determine if the City's official controls need to be modified as they relate to CWTS's. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, there is hereby established a moratorium on the construction, erection placement, reconstruction, enlargement, or expansion of CWTS towers within the City and on the development and use of property for such purposes. 3.03. During the period of the moratorium, applications for final site and building plan approval, building permits, and other permits and approvals related to such tower work shall not be accepted by the City; neither the Planning Commission nor the City Council shall consider or grant approval of any application for such work; and no building permits for such work shall be issued. • 3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of providing commercial wireless telecommunication services to the public. 3.05. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the repair and /or maintenance of any existing tower provided that such work does not enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety, life, or property in the face of an emergency, or (d) tower work that has received all necessary permits and approvals from the City prior to the effective date of this resolution. Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. Unless earlier repealed or modified by the City Council, this resolution is effective until October 1, 1996. The City Council may, by adoption of an interim ordinance pursuant to Minnesota Statutes, Section 462.355, subdivision 4, modify or extend the moratorium established by this resolution. Adopted by the City Council of the City of Richfield, Minnesota this day of '1996. C� ATTEST: Thomas P. Ferber, City Clerk 0 n Martin J. Kirsch, Mayor /��-7 14 CITY OF RICHFIELD, MINNESOTA Council Letter No. 212 Agenda June 24, 1996 Issue Statement: First reading of an ordinance amending Section 1100.13 of the Richfield City Code regulating lawful gambling. Background: At a recent Study Session, the Council directed staff to prepare an ordinance amendment that would provide for some expansion of charitable gambling (pull tabs). The ordinance proposed accomplishes the following: • Permits would be issued to non - profit organizations who have a signed lease agreement with establishments who hold an "on -sale, non - intoxicating liquor license" (3.2 beer) or club license. • The non - profit organization must have been established in Richfield for three years prior to their application. • The non - profit organization must have its principle place of business in Richfield. • The non - profit organization must demonstrate that its services and funds are substantially performed or spent within or on behalf of Richfield residents. Limits the number of permits for any one organization to three. • Changes the period Council can approve or disapprove an application from 25 days to 60 days. • Sets out reasons an application can be disapproved to include where the activity would be detrimental to health, safety and welfare. • Must comply with all other codes. • Provides specifically in ordinance form what is or is not permitted. • Clarifies other parts of the charitable (lawful) gambling ordinance. The remainder of the ordinance focuses on the application process and the regulatory function, which closely patterns State law and administrative rules and is similar to an ordinance adopted by the City of Minneapolis. While this ordinance provides for significant assurances that this type of activity will be limited to Richfield organizations, it is not a guarantee. For example, an outside organization that has an officer who receives its mail in Richfield (business address) and has for the past three lq-) years, could comply. They would, however, have to perform substantial services to Richfield . residents and spend funds in the same manner. The organizations who could qualify include: • "S.P.O.R.Ty. ", or its parent, the Richfield Youth Hockey Association Other non- profit youth sports organizations • Other non - profit organizations who support activities for kids; such as band boosters, etc. • Non - profit service clubs • Local non - profit organizations; such as, F.O.W.L., Fourth of July Committee, Richfield Foundation, etc. While these organizations could make application, only the S.P.O.R.Ty. group, to staffs knowledge, has gone through the other State requirements making them eligible for a premise permit. This includes training a gambling manager(s). This ordinance should not affect the current premise permits of the VFW and American Legion, other than perhaps competition and requiring them to spend a "substantial' amount of their profits in Richfield. The ordinance being considered follows a history to include: • A late fall 1995 Council Study Session in which S.P.O.R.Ty. requested expansion of the lawful gambling ordinance. • An ordinance amendment which had a first reading on November 13, 1995, and second reading on December 11, 1995. At the second reading, the Council heard from approximately 20 interested persons, about half of which were in favor and half opposed to any expansion of gambling. The ordinance passed. • The ordinance was reconsidered at the January 8, 1996 Council meeting, at the request of a Council Member. The ordinance was rescinded on a 5 -0 vote. In addition, a resolution was passed providing for further study. • Meetings were held with S.P.O.R.Ty., the VFW and the group opposing the ordinance. The final meeting was with all groups together. There was no resolution to those opposing any expansion versus those favoring. They did agree that there needs to be a mechanism to fund youth sports. • At the Study Session on June 3, 1996, the Council received input from all parties again. Each side remained firm on their position. A representative from S.P.O.R.Ty. did request that if an ordinance were considered, that it include allowing premise permits at intoxicating, on -sale licensed establishments and the organizations who apply should have a membership of which, for example, 60% are residents. The 60% issue is a legal question that the City Attorney believes could be a problem since the Attorney General /4-(;L has an opinion questioning this. The issue of allowing gambling in intoxicating liquor establishments is a Public Safety concern. These establishments have a higher propensity for problems and, therefore, not allowing further potential issues is a consideration. However, this is a policy decision for the Council Recommended Motion: Approve first reading of an ordinance amendment providing for certain types of charitable gambling, and restricting it as far as possible to qualified organizations in the community and set the public hearing and second reading for July 22, 1996. Basis of Recommendation: 1. The issue has been brought before various groups and the City Council numerous times. While there is no middle ground to those who oppose versus those who favor, an ordinance has been drafted that does provide some assurances of only local organizations getting premise permits. 2. Public Safety has no objection to some expansion of this activity. The City Council and staff have discussed this issue on several occasions and heard from parties on both sides. 3. Amending Section 1100.13 of the ordinance will allow additional pull tabs in places other than the VFW and American Legion. This amendment will restrict the activity to licensed, non- intoxicating liquor licenses which will assist in controlling the activity and iminimize persons under 21 from purchasing pull tabs. Alternative Recommendation: 1. Do nothing. Leave the ordinance as is, which limits pull tabs to the current two locations (VFW and American Legion). 2. Allow for further expansion by adding on -sale intoxicating liquor licenses as requested by S.P.O.R.Ty. Discussion /Decision Mode: Approve first reading of an ordinance amending Section 1100.13 (Lawful Gambling) and set the public hearing and second reading for July 22, 1996. Respectfully submitted, James . rosser City Man ger JDP:ds l�l -3 0 ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION i 100.13 OF THE RICHFIELD CI'T'Y CODE, R.ELATINC TO LAWFUL GAM. BLING THE CT.TY COUNCIL OF THE CITY OF RICHFIELD DOES ORDAIN.- Section 1. Subsection 1100.13 of the Richfield City Code is amended to read as follows: 1.100.13 Lawful gambling. Subdivision 1. Adoption by reference, Minnesota Statutes, chapter 349 relating to charitable gambling and M. GAR -78 the a rules adopted pursuant thereto are adopted by reference. administrative _ Subd. 2. Definitions. The definitions contained in Minnesota Statutes, section 349.12, subdivision I are adopted and incorporated by reference and shall constitute the definitions of those ternos as used in this subsection. Subd. 3. License or, 2ermit M aired. Lawful types of gambling shall be permitted but only by organizations which have been issued either a currently valid gambling license issued by the state charitable gambling board. or a pertrtit issued by the city to conduct gambling, exempt from licensing under Minnesota Statutes, section 349.214. Subd. 4. Investigation: State, 4,eeW-,0e premises pertrUt. uzvxa zaurrx azc. •' ef Ole date en whieh the F0eefnFA@Rda ieli ♦I4 1 py. ~ Slide JFf by fled yit y i � •t!.• Every organization which files an a lication for issuance or renewal of a premises yen-nit shall deliver tine application- to the de artmen.t of Rublic safety as the des •nee of the city clerk. The director of public safety shall investigate each application and report the director's findings and recommendations to -the city council. In connection with the investigation, the director of flublic safety may require the organization to ubmit such other docuin_ents and records deetned nqQiZsSary. to verify compliance with the terms of this chapter and other laws relating to gambling. Subd. 5. Investi anon and errm lei_ The applicant for gambling lieease-a rernises yerxnit shall pav ;o the city an investigation fee and germit fee as provided in appendix D of this code, shaP be at least. five-days Wfefe date that 44+e mreft mi!� -to b* presewed te the c ;AP10 ;909 R('7 )Q -.3 3'd N3�d65 'b J,13HH3A '3s:E-'ti 136, tii Nnr JV.:IRS,'J� I \le• ^. — — wL1I.� —' ��i:inPllRv.e a��e'�a�...y��,�. _ ;� }R4�a. al��l.. I'l,nia•. ON! iYY T4�ao�(�•.ea3}tr \LLav ��C�. a .J� Subd. 0. Council action Lai Each i2endiUS a lication fora vremlses permit shall be a2moved or tlisa roved by e5olution of the city, council within sixty 60 a s after xecei t of the application. The council shall consider the report of the department of public safety, statements from the applicant, and any other information which the council believes to be relevant to the application. T- 4ereaf-tei: tiereeign-ii shall by I- - . "' ....,..... ..-, —... ..........w.. --.r basis, .. Lbj The city council may disc rove an a licaGtit n, for issuance or TVIewal of a premi',es--permni.t for any of the following reasons: Mol.ation-by the gambling organization. of any statute. ordinance or rule relatiax to arnbiin Violation by the on -sale establishment, or other organization leasing its_nremises for gamblimof__an ..y statute, ordinance or rule rel.ati.ng.. tc the meration_.of the establishment including but not limited to laws relati_nss...to alcoholic beverages, ga.tnbling, controlled sui sta`tces, suDoression of vice and rotection of public safety: Where the operation of gambling at the site would be detrimental to health, safetyaid, welfare, F'or_any.other good cause related t4 the operation of gamblip or the business located on the peanisos; Failure of :the a licant to vay the investi anon fee Rrovided by subdivision 5 of this subsection within the time limit provided in ,subdivision S; — - M Failure of the-gRRficant to pay the permit fee Subd,. 7, -- ,Location. Lawful gambling- under, license issue bj the Minnesota Garti.bli» Control Board may be c-gtadttcted.only at the followitag locations: (Ali 105!Q4 RC7.6R -3 E ' d N3AHd5 '8 AQ3NN3A 9S : E T 561 TT Nnr (7AH19SS10A St'i nil 3 q-5- ttpviieali In the licensed organ iza ljon,s hall where it has its re ular meetin No organization shall rent lease of occu directl or injirectly, ally other propertY_ ,, ose of conducting amblin exce t all on -sale establishment as cr,nitted in :ha ter or an or at�zzation leasing it4 remises foz tl�e conduct of b.,.� it. �QO; (b) In Ii_ceused on -sale noni toxicatin i uor e, tablishments or establ.i�hirtents holdin * a club license• Notwithstanding clauses-ca) and b above Cla, s L7 raffle nl Ii -roses ma be a r. ved for an ro er location', U No Location shall be apvroved for Sambling unjess it epippiies with the aRDUcable zoning, building, fire and health cosies of the City of Richfield. Subd. 7a. Conditions. The conduct of lawful gambling under licensc issued by the charitable ramblin board shall be suWect to the following conditions bi the City_ of R c hfield: Lal No safe, consumption or possession of liquor or-3.2 beet' shall be ermined during am ..bl.ing conducted by a licensed org gni7 ati.on except as Permitted under a valid on -sale club or no »intoxicating liquor license; provided tuner that no sale, consumption or vos,semjgn of liouor, wino or 3.2 Meer shall be raertnitted in_ the ropom where a.-bingo session is taki_....ng., lace N No organization shall be ell ible. fora gambling license unless for the three .3 ears ftnLngdiatcly greceding the date of a iication• It has had an office located in the City of Richfield. An office is define d as t ci he rin al location for the conduct of the oz =anizati- on's business. This may be Substantiated tlarouah proof of activities such as the payment of a snort a e or rent. , Pa spent of utilities the conduct of or. =a.nization meetin maintenance of organization records and receipt of the oWasuzatioW5, mail_ V ' d N3AUND '8 AG3NN3A LG : E T 96, TT Nnr 4, 4 erf:4:ed1_,.si.... r ,. .•.,F .i.,.t..' 7 5-, ♦lYY •44 AJIL� s ♦• _The pfeVir i ♦ . apply ,.. Subd. 7a. Conditions. The conduct of lawful gambling under licensc issued by the charitable ramblin board shall be suWect to the following conditions bi the City_ of R c hfield: Lal No safe, consumption or possession of liquor or-3.2 beet' shall be ermined during am ..bl.ing conducted by a licensed org gni7 ati.on except as Permitted under a valid on -sale club or no »intoxicating liquor license; provided tuner that no sale, consumption or vos,semjgn of liouor, wino or 3.2 Meer shall be raertnitted in_ the ropom where a.-bingo session is taki_....ng., lace N No organization shall be ell ible. fora gambling license unless for the three .3 ears ftnLngdiatcly greceding the date of a iication• It has had an office located in the City of Richfield. An office is define d as t ci he rin al location for the conduct of the oz =anizati- on's business. This may be Substantiated tlarouah proof of activities such as the payment of a snort a e or rent. , Pa spent of utilities the conduct of or. =a.nization meetin maintenance of organization records and receipt of the oWasuzatioW5, mail_ V ' d N3AUND '8 AG3NN3A LG : E T 96, TT Nnr l4 -0 fial It demon':trates that during that eriod sub.sggntial_scrvic_cs ]lave been performed and substantial -Charitable fund%, sent within the Cam_ of Richfield or on behalf of residents of the .City of Richfield. Bingo shall be sub'ect to the foilowin conditions, (1, ) I3ino slia)1 not be co jlducted more than four f4� _days each week at any site, No more than seven T in go occasions shall be con acted each week by An organization. Suit to the limits set_fortli above. an -organization may lease its hall where it has its regular ineetin s to no more than one licensed organization, for the c:onduCt of bingo only, rovi.ded that. the site has been used for bi17 o by a validly licensed organization within the previous three (3) years. Bin o halls shall not be ermittcd. SL No or anization shall hold more than three 3 rgmji;c5 ermits, for locations, in the City of Richfield. • Subd. 8. Re orts. As a condition to approval of the license, the council may require that the applicant agree to promptly furnish the city with copies of all records, reports, accounts and other data which applicant will be required to submit to the charitable gambling board during the term of the license.. Failure of the applicant to fulfill such requirement may constitute grounds for disapproval of licenses in subsequent years. Subd, 9. Notification to h_arit able . Gambling Board. The city manager shall transmit a certified copy of the council resolution to the charitable gambling board. If the council has disapproved the license, the city manager shall take such actions as are reasonably necessar to deliver a copy of such resolution to the board within -343 60 days from the date that the city received notice of the license application. A copy of the resolution shall also be provided to the applicant upon request. Subd. 1.0. Permit. (a) Organizations desiring to conduct lawful gambling which is exempt from state Iicensure under Minnesota Statutes, section 349.12, shall make application to the city for a permit to conduct such lawful garnbliD.g, (b) The application shall be on fortes prepared by the city manager for that purpose and shall be accompanied by the permit fee hereinafter required. CAN1U4g�a }tr_1G0 -3 S'd 4 QAd d5 '8 AG3NN3A BS : E T 961 TT Ni r / 4-7 (c) The permit fee shall be as provided in appendix D of this code. (d) The city manager ,shall issue the permit if the following conditions have been met: (1) Neither the designated gambling manager nor any of the QrSanizati.on's officers have been convicted of any offense which would indicate lack of suitability of the designated manager or the organization to engage in the type of gambling activity for which the permit is sought. (2) The organization has existed in the city for at least three years prior to the date of application. (3) On the date of application, the organization has at least 30 active members. (4) The organization will either own or lease the promises where the gambling activity would be. conducted. (S) if the gambling activity is to occur on leased premises, the ].ease will be for a term at least equal in. length. to the term of the peTndit being sought. . (6) No sale. co_nsumpti.ol7 or possession of intoxicating iiQuor will occur on the grernises where the garnbijilg activity will be conducted' however,. a3onintoxicatin malt li uor ma be served and consum if the or_aanizafion has obtained a_yalid temporary on -sale beer license: 7 The or a.nization complies with all statutory requirements for an exem t. organization, including the 60-da notice requirements to the City. The director of public safety, when lrantina a permit to an exempt oraaii i.zation. may waive the ti0-day notice reauirement. (e) , �R_ , , Waive --the bendi (f) The permit fee may be waived in whole or in part by the city manager. The portion of the fee waived shall be returned to the permittee upon issuance of the permit. If the peniiit is denied, the city manager shall retain $50 of the fee to reimburse the city for its administrative and 'investigative expenses in connection with consideration of the permit application. CATII ()!;o ;IA RCA.60- 3 5 9' d Nil U85 '8 AC3NN3A BS : E Z 961 TT Nnf Subd. ),I. Lawful xamblina at on -sale establishments. l..awful aambliii.9 at on- ale xaonintoxicatint; liquor or club license est.abti h,nents shall be conducted in compliance with tie following reuiation c; -- - ,Sal Only Class B and Class D_ gambling_ licenses, as defined in Minnesota Stsctutes, se4tion 349.16, may be issued, except where tJxe Iicen cl axnbiLng oXgai7izalien also holds the nonintoxicauna liquor or club license for the premises, in which case, any class of gambiina_ license may issued; Lbj On -sale esmblishrnet�al.l be-imiited to one Iicensed gambling organization at any one time in the licensed premises and any rooms - adjoining the premises under the saane management. No lease shall be made with one or anization While another lease is i17 effect fOT tli� game otz -sale establtshmeliV Lcl a nonprofit organization and an an-sale premises for gambling shall be in the form of a written lease. _The. written 1_ease shall be the complete agreement between the parties, and there sha1.1 be, no unwritte n terns or conditions, The lease specifically provides that the lessee shall operate only after issuance of a munises pernnit. and shalt be subject to the terms of this ordinance; Ldl A copX of any lease agreement between a nonprofit organization and an o.n�sale Iicen,see shall be filed with the public safety director with the premises permit mp eati.oir, Lel A lease agreement between a nonprofit organizdtiort and an on -sale gstabiishment shall not =vide for rental payments iage�l ate a vercenrgge of receipts or profits from lawful gambling. The niaximum recital fee shall lie one thousand {jl,O00.ti()3 -per month. LQ Except for mechanical dispensing devices, all- gambling shall be conducted from a booth., or other areaRroyerly segregated from the rest of the licensed premises except that raffle tickets addlewheel tickets and Opboards that offer only merchandiseprixes Lnav be sold witlii�i the �ier�iiitted premises. The ohvsical layout of die-area-set aside_for aamblina shalI be subject to the approval of the police license inspector; jS1 The ag mblina bootli shall be constructed and maintained by the organization licensed to conduct atiibliti a shall be under the exclusive control of that ortzatiizatiotx. The organization license to conduct aambli�ig shall yrominetitiy display its name at its gambling booth and shall indicate that all profits from gambliniz are for the benefit of the organization; Except as stated in clause (k), the organization licensed to conduct. umblint~ shadhave exclusive control over all sibling devices, gambling -motie�. and gambl ,ords. No employee or anent of the on -sale establishment shall handle gambling devices, gambling money, prizes, or gambling records, nor shall �.- AHiU5 ?Un 2.'d N3Adk J5 'b AU3NN3A 6S : E T 96, TT Nnf /4-9 . they _recoxd wi.iti ers. zees, or free t=wines, nor shall. they otherwise �o�iduct or assi5t the licensed amblin or, lallizatiom in. conducting the Yamblin 0 RC 1. CO -? _ ; ENce t for the operation- of mechanical dispensing devices no erson shall. be joint) ern to ed both the licensed or anizatiatt and the-on-sale esta li5hi�nene. Subject to the approval of the Rublic safety, director, an exception may, be nerznitted for ianitori.al work. W The -gambling booth shall he se grate fraixi the li nor service bar. No ablina shall be conducted from the liquor service bar; iL Neither the owner of the on -sale establishment nor their employee, shall have access to the interior of mechanical dis ensin r devices. The are oiyl ermined to redeem winning ticl`ets and record such winners as rezauired by law an rule. — P yi -nents for redemption of winning null .tab tickets disvensed by ecltaitical (4.5p ensing device shall be mdcle frozrf funds ravided by the air -sale establishment, the . on -sale establishment shawl be reimbursed by the lawful amblin or. anization far winnin tickets redeemed by the on -sale establi *hment reirnbursements shall be made as provided in the-lease agreement. 4M No -sampling .funds shall be commingled with funds of the oat -sale establishment; (n) No food, drink, or en,tertaixament discounts or other prc�motians shall be offered i:n con-unction w'.th the sale of amb lin devices or chances The on -sale establishment shall allow the organization to conduct -gambling at any time during its lawful business hours and shall vrol Wbitgambliqg at any time other than _its lawful ELuSi.itess fours; . pZ The on -sale licensee shall rndice no agreements with any gambling eQUinment distributor or manufacturer recguiring the use of has or her gambling -- ecru,ipment or any other eQuipment or vending Machines in the establishment. The on -.sale licensee shall not receive from any gambling equipment d%�tribueor or manufacturer any money, gift, or other thing o_f value. Lqj Clauses (f). w).,._(h). (i), (j) artd (k) of this subdivision shall not apply when the licensed --gambling ox 7ani.zatiott is also the holder of the on -Sale license for the establishment where the gambling is conducted. Lil No em to •ee or agent of the licensed organizatigi-prgny earl l.o ee or agent of the on -sale establishment shall =age e in lawful gambling at the establishment where they are employed 8 ' d N3Ad J5 '8 AQ3NN3A 6.m-:ET 961 TT Nnr • Adopted by the City Council of the City of Richfield on ATTEST: Thomas P. Ferber, City Clerk �:AU�.os�on 6'd s Martin J. Kirsch. N3hU65 '8 AG3NN3A 00 : VT 961 TT Nor /3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 211 Agenda June 24, 1996 Issue Statement: Public hearing and second reading of a transitory ordinance to authorize the sale of the City -owned property at 7625 Emerson to the Richfield HRA for Richfield Rediscovered site development and authorization to enter into a license agreement with the HRA. Background: The City has recently finalized the replatting of the area affected by the 77th Street Improvement Project. Two residual residential parcels are buildable and the City has expressed an interest in the HRA developing those parcels with new replacement housing. The smaller parcel (Lot 1, Block 1) has approximately 8,900 square feet and was appraised by Bjorklund, Carufel, Lachenmayer, Inc. (BCL Appraisals) at $25,600. The HRA has a developer and development concept for a three bedroom single family home. A copy of the development plan is attached. The estimated market value of the property upon project completion is approximately $150,000. The larger parcel (Lot 1, Block 2) is close to a completed development concept for discussion with the neighborhood and presentation to the City Council. Disposition of this larger parcel will be handled separately. • Recommended Motion: 1. Conduct a public hearing and second reading of the transitory ordinance which authorizes the sale of the City -owned property at 7625 Emerson to the Richfield HRA for Richfield Rediscovered site development and authorize publication of the ordinance. 2. Enter into a license agreement with the HRA to allow site preparation prior to transfer of the property to the HRA. Basis of Recommendation: 1. Platting of the property has been completed. 2. The property is residentially zoned and surrounded on either side by single family residential development. 3. The HRA has a developer and development concept ready for implementation and has authorized the purchase from the City. 4. The City purchased this property for the 77th Street Project using MSA funds. MSA funds may only be used for road related purposes. MSA rules require that land proceeds reflect the "highest and best use ". Thus, the 77th Street Project cannot discount the sale price. 15-1 0 5. Pending City Council authorization, development could begin in July 1996. Alternative Recommendation: The City Council can choose not to sell to or enter into a license agreement with the HRA at this time. However, the HRA and developer are prepared to proceed and the project continues to incur routine maintenance expenses. Discussion /Decision Mode: Timely sale of the property from the City to the HRA requires publication of a transitory ordinance following the June 24, 1996 meeting. The ordinance would be effective August 5, 1996. Respectfully submitted, Jam D. Prosser City anager JDP:ds • 0-a- 0 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 (7625 EMERSON 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 to the Housing and Redevelopment Authority in and for the City of Richfield as herein provided: Lot 1, Block 1, Cloverleaf Addition, Hennepin County, Minnesota, and having the street address of 7625 Emerson Avenue South, Richfield, Minnesota. Section 2• The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and .convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Passed this day of , 1996 by the Richfield City Council ATTEST: Thomas P. Ferber, City Clerk is Martin J. Kirsch, Mayor .1 1 Fk a. CITY OF RICHFIELD, MINNESOTA Council Letter No. 210 Agenda June 24, 1996 Issue Statement: Public hearing and consideration of resolution authorizing the issuance, sale and delivery of $8,010,000 Multi - Family Housing Revenue Refunding Bonds, Series 1996, for Village Shores Project. Background: The City of Richfield is authorized by Minnesota State Statutes Chapter 462C to issue revenue bonds for the purpose of financing the acquisition and construction of multi- family rental housing. Under that authority, the City of Richfield issued $8,025,000 Multi - Family Housing Revenue Bonds in 1985 for the Market Plaza Housing Project, now known as Village Shores. This financed a 166 unit housing project located at 6501 Wood Lake Drive. Market Plaza Housing Limited Partnership now proposes to refinance the Market Plaza Housing Project through the City's issuance of $8,010,000 of refunding bonds. The refunding bonds would be payable solely by the company from revenues of the project and the City would not be liable in any manner on the bonds. All proceeds of the refunding bonds would be used to pay off the bonds issued by the City in 1985 which are currently outstanding in the amount of $8,010,000 and all other costs of the transaction would be paid by the company. At the May 28, 1996 City Council meeting, a resolution calling for a public hearing on this proposed issuance was set for June 24, 1996. Tonight's public hearing is to take public testimony and consider final approval of the proposed refunding bond issue. The 1985 bonds were secured by a letter of credit issued by Midwest Federal. After the Resolution Trust Company took over Midwest Federal, the letter of credit was terminated, and the RTC was required to purchase the 1985 bonds. The 1985 bonds cannot be remarketed without a letter of credit. Market interest rates have fallen since 1985 so that an unenhanced bond can be issued in 1996 at a rate comparable to the rate on a letter of credit backed bond issued in 1985. It is expected that the refunding bonds will bear interest rates slightly lower than the original rates on the 1985 bonds, but the requirement of a letter of credit will be eliminated. Another matter which may be considered in conjunction with the refunding bonds is the option for the City to charge an administrative fee to be paid by the applicant prior to the closing and delivery of the bonds. Administrative fees for such bonds are quite common among other municipalities in the Twin Cities metropolitan area. Such fees may typically approximate 1 % of the bonds not to exceed a maximum fee. If the City Council decided to implement an administrative fee in conjunction with the sale of the housing revenue bonds such as those presently under consideration, it is suggested that a fee of 1% of the bonds up to a maximum of $50,000 be implemented. The administrative fee would cover the administrative costs associated with such a bonding issue, such as legal fees, staff time and related costs. The resolution authorizing the issuance of the refunding bonds could be adopted to provide for an administrative fee not to exceed $50,000. The Kennedy and Graven law firm is serving as bond counsel to assist in the preparation, review and issuance of the necessary bond documents. In addition, a representative of the Market Plaza Housing Project (now known as Village Shores Project) will be available at the Council meeting to answer questions regarding this request. Recommended Motion: Conduct a public hearing and adopt either • Resolution A which does not include an administrative fee authorizing the issuance, sale and delivery of the $8,010,000 Multi - Family Housing Revenue Refunding Bonds (Village Shores Project), Series 1996, and authorizing the execution and delivery of related bond documents; or • Resolution B which does include an administrative fee authorizing the issuance, sale and delivery of the $8,010,000 Multi - Family Housing Revenue Refunding Bonds (Village Shores Project), Series 1996, and authorizing the execution and delivery of related bond documents. Basis of Recommendation: 1. According to the law firm of Kennedy and Graven, it appears to be in the best interests of the City to issue these revenue bonds under Chapter 462C. 2. The City Council action on May 28, 1996 approved a resolution calling for a public hearing on June 24, 1996 on the proposed refunding bonds issue. 3. The refunding bonds will provide new permanent financing for the project and help to ensure its financial security. 4. There is no obligation for the City to back these bonds as they are backed solely by revenues received from the project. Alternative Recommendation: 1. The City could decline to issue these revenue bonds. N Discussion /Decision Mode: In order to proceed with a timely sale and issuance of the refunding bonds, the City Council will need to conduct a public hearing on June 24, 1996 and adopt the attached resolution in order to provide adequate time to execute the necessary documentation and complete the sale. Published notice of the public hearing was done in accordance with Minnesota State Statutes. Respectfully submitted, Jams . Prosser City nager JDP:cak • CITY OF RICHFIELD, MINNESOTA is RESOLUTION NO_ A AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $8,010,000 MULTIFAMILY HOUSING REVENUE REFUNDING ,BONDS (VILLAGE SHORES PROJECT) SERIES 1996, AUTHORIZING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RELATING THERETO, AND PROVIDING FOR THE 'SECURITY, RIGHTS AND REMEDIES OF THE HOLDERS THEREOF WHEREAS, the City of Richfield, Minnesota (the "City ") is a municipal corporation duly organized and existing under the Constitution and lavers of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act ") , the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a multifamily rental housing development, or to refund any such revenue bonds, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the City has adopted a Program (the "Program ") relating to the Market Plaza Housing Project,, now known as Village Shores Project, a 166 -unit rental • housing project located at 6501 Woodlake Drive in the City (the "Project ") pursuant to and in conformity with the Act; and U WHEREAS, pursuant to the Program, the City issued its Multifamily Housing Revenue Bonds, Series 1985 (Market Plaza Housing Project) (the 111985 Bonds ") in the aggregate principal amount of $8,025,000, for the purpose of financing the acquisition and construction.;of the Project; and WHEREAS, Market Plaza Housing Limited Partnership, a Minnesota limited partnership ( the "Company!'), which owns the Project, proposes that the City refinance the Project by the issuance of its $8,010,000 Multifamily Housing Revenue Refunding Bonds (Village Shores Project) , Series 1996 (the "Bonds ") under the Act pursuant to this Resolution;; and WHEREAS, the Bonds will be issued under an Indenture of 'Trust, dated as of July 1, 1996 (the "Indenture"), between the City and First Trust National Association, as trustee ( the "Trustee ") , and will be payable from revenues derived from a Loan Agreement, dated as of July 1, 1996 ( the "Loan. Agreement ") , between the City and the Company, and secured by a mortgage lien on the Project pursuant to that certain First Mortgage, Security Agreement and Future Financing Statement with Collateral Assignment of Rents and Leases (the "Mortgage ") , and an Assignment of Leases and Rents (the ",Assignment "), each dated as of July 1, 1996, from the Company to the City (the City's interest in which is to be assigned to the Trustee), all in accordance with the terms of the Indenture, and the Bonds and the interest on the Bonds shall be payable solely from the revenue pledged therefor, and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, nor shall the Bonds constitute nor give rise to a pecuniary W105952 1 RC145 -309 LIZ HOVC1 01E64EEZt9'QI NHnVa10 V AGaNNHX : WOa4 ZZ : V 1 96 -9 t -NnP liability of the City or a charge against its general credit or taxing ,powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project; and WHEREAS, in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Council has held a public hearing, after publication of aiotice thereof in a newspaper of general circulation in the City of Richfield at least Fourteen (14) days before the hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: 1. For the purpose of refunding the 1985 Bonds, and thereby refinancing the Project, the City hereby althorizes the issuance, sale and delivery of the Bonds in the principal- amount of $�, oio, 00o, the proceeds of which shall be applied to redemption of the outstanding 1985 Bonds. The Bonds shall be in such principal amounts, shall bear interest4 at rates, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such form and have such other details atad provisions as may be prescribed in the Indenture, substantially in the form now on file with the City; provided that the aggregate principal amount of the Bonds shall be $8,010,000, the maximum interest rate on the Bonds shall not exceed &M per annum, the final maturity of the Bonds shall be July 1, 2033, the average maturity of the Bonds shall not exceed 120 percent of the remaining average reasonably expected economic life of the Project, and there shall be maturities or mandatory sinking fund redemptions of the Bonds so as to result in approximately level debt service throughout the term of the Bonds. The Bonds shall be special obligations of the City payable solely from the revenues provided by the Loan Agreement and other funds pledged pursuant to the Indenture. The Bonds are not to be payable from nor :charged upon any funds of the City other than the revenues pledged to their payment, nor is the City subject to any liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the principal of, premium, if any, or interest on the Bonds; the Bonds shall not constitute a charge, lien or.eneumbrance, legal or equitable, upon any property of the City, and each Bond shall recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Bonds shall contain a recital that they are issued pursuant to the Act and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. The Mayor and City Manager are authorized and directed to prepare and execute by manual or facsimile signature the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this resolution and other documents required by the Indenture, ,for authentication and delivery to Piper Jaffray Inc., as underwriter (the "UnderW iter ") . 2. The City Council hereby approves the Project and the financing thereof for all purposes under Section 147(f) of the Internal Revenue Code of 1986, as amended. 3. The City Council hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Indenture, the Loan Agreement, the Amended and Restated Regulatory Agreement (the "Regulatory Agreement ") dated as of July 1 i IM by and among the City, the Trustee and the Company, the Bond Purchase Agreement by and among the City, the Company and the Underwriter (the 'Mond 1?Ci45 -309 LIE 30vd OLEBGEEZi9'QI N3AVH0 V AGZNNSX:W0dd �8'i�L 56- Bt -NR1` • >9 -T Purchase Agreement"), and Assignments of the Mortgage and the Assignment to the Trustee. All of the provisions of; the indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement and the Assignments of the Mortgage and the Assignment, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and `to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement and the Assignments of the Mortgage and the Assignment shall be substantially in the forms on ;file with the City, which are hereby approved, with such necessary or desirable and appropriate variations, omissions and insertions as do not materially change the* substance thereof, or as the officers executing the same, in their discretion, shall determine, and the execution thereof shall be conclusive evidence of such determination. 4. The Mayor and the City Manager of the City or either of them are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the issuance, sale and delivery of the Bonds, including without limitation a request and authorization to the Trustee to authenticate and ;deliver the Bonds, a Tax Certificate and a Letter of Representations to The Depository Trust Company ( "DTC") for appointment of DTC as securities depository for the Bonds. 5. The City hereby consents to the distribution of the Preliminary Official Statement relating to the Bonds and to the use by the Underwriter of a final Official Statement, substantially in the form of the Preliminary Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City has not participated in the preparation thereof and. shall have no liability in connection with the contents of or use of such offering materials. S. All covenants, 'stipulations, obligations and agreements of the City contained in this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by laiv, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person's in dividuai capacity x and neither the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the Citv or the breach thereof, shall constitute or give rise to any pecuniary liability of tl e City or any charge upon its general credit or taring powers. In makzng the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, the Mortgage and the Assignment, which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. sfaI05952 RC145 -300 3 G /i7 HDVd 01E64SEZIS'aI N3l WaD V ACENNEX : Wodd E Z ' V Z as -e L -Nnr Except as herein otherw; ise expressly provided, nothing in this resolution or in the aforementioned documents, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, the Company or any holder of the ;Bonds issued under the provisions of this resolution, any right, remedy or claim; legal or equitable, under and by reason, of this resolution or any provision hereof, this resolutions., the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the Company and any holder from time to time of the Bonds issued under the provisions of this resolution. 7. Ins, case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be legal or invalid,, such illegality or invalidity shall not affect any other provision of this resolution, ®r of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bands shall be construed n and endorsed as if such illegal or invalid provision had not been contained therein. 8. The Bonds, when executed and delivered, shall contain a recital and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 9. The officers of the City and its attorneys, agents and employees are hereby authorized to do all alts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of'all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. 10. passage. gIYID105g52 RC145 -309 4/5 3:]17d This resolution shall be in full force and effect from and after its 0LESLEEZ19'0I 4 N311VaD '8 ACaNNHX : WOaa bz ° b l 96 -e l -Nnr Adapted this 24th day of June, 1996. Attest City Clerk BmElO5952 RC16S -309 G/9 3O17d OIEBGEE� Is: aI S Mayor NHAVar1O 'S AOHNNaX : WON4 VC z V I 98 -8 L -Nn CITY OF ;'RICHFIELD, MINNESOTA 0 RESOLUTION NO. B AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $8, 010, 000 MULTIFAMILY IOUSING REVENUE REFUNDING BONDS (VILLAGE SHORES PROJECT) SERIES 1996, AUTHORIZING THE EXECUTION AND DELIVERY OF VARIOUS DOCUMENTS RELATING THERETO, AND PROVIDING FOR THE :SECU'RIT'Y, RIGHTS AND REMEDIES OF THE MOLDERS 'THEREOF WHEREAS, the City of Richfield, Minnesota (the "City ") is a municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Y Unnesota Statutes, Chapter 4620, as amended ( the "Act ") , the City is authorized to carry out the public purposes described therein and contemplated thereby by issuing its revenue bonds to defray, in whole or in part, the development costs of a multifamily rental housing development, or to refund any such revenue bonds, and by entering into any agreements made in connection therewith and pledging them as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, the City has adopted a Program (the "Program ") relating to the . Market Plaza Housing Project,; now known as Village Shores Project, a 166 -unit rental housing project located at 6501 Woodlake Drive in the City (the ''Project ") pursuant to and in conformity with the Act; and WHEREAS, pursuant to the Program, the City issued its Multifamily Housing Revenue Bonds, Series 1985 (Market Plaza Housing project) (the 112985 Bonds ") in the aggregate principal amount of $8,025,000, for the purpose of financing the acquisition and construction "of the Project; and WHEREAS, Market Plaza Housing Limited Partnership, a Minnesota limited partnership ( the "Company!') , which awns the Project, proposes that the City refinance the Project by the issuance of its $5,010,000 Multifamily Housing Revenue Refunding Bonds ( Village Shores Project) , Series 1996 ( the "Bonds ") under the Act pursuant to this Resolution;; and WHEREAS, the Bonds will be issued under an Indenture of 'trust, dated as of July 1, 1996 (the "Indenture "), between the City and First Trust National Association, as trustee (the "Trustee "), and will be payable from revenues derived from a Loan Agreement, dated as of July 1, 1996 (the "Loan Agreement "), between the City and the Company, and secured by a mortgage lien on the Project pursuant to that certain First Mortgage, Security Agreement and Fixture Financing Statement with Collateral Assignment of Rents and Leases (the "Mortgage ") , and an Assignment of Leases and Rents (the "Assignment ") , each dated as of July 1, 1996, from the Company to the City (the City's interest in which is to be assigned to the Trustee) , all in accordance with the terms of the Indenture, and the Bonds and the interest on the Bonds shall be payable solely from the revenue pledged therefor, and the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, nor shall the Bonds constitute nor give rise to a pecuniary X105952 RC145 -309 4IZ avvd O L ESGEEZ 19' Q I I`I3l1tY2SJ 8 hQ3IIN33i W02(3 ZZ ° fi i 96 -B L -Ntif G -9 liability of the City or a chargo against its general credit or taxing powers and shall not constitute a charge, lien or encumbrance , legal or equitable, upon any property • of the City other than the City's interest in the Project; and WHEREAS, in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Council has held a public hearing, after publication of notice thereof in a newspaper of general circulation in the City of Richfield at least fourteen (14) days before the hearing; NOW, THEREFORE, BE; IT RESOLVED BY THE CITY COUNCIL OF TliE CITY OF RICHFIELD, MINNESOTA, AS FOLLOWS: 1. For the purpose of refunding the 1985 Ponds, and thereby refinancing the Project, the City hereby authorizes the issuance, sale and delivery of the Bonds in the principal amount of $$,010,0001 the proceeds of which shall be applied to redemption of the outstanding 1985 Bonds. The Bonds shall be in such principal amounts, shall bear interest; at rates, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such forth and have such other details and provisions as may be prescribed in the Indenture, substantially in the form now on file with the City; provided that the aggregate principal amount of the Bonds shall be $8,010,000, the maximum interest rate on the Bonds shall not exceed 8.001 per annum, the final maturity of the Bonds shall be July 1, 2033, the average maturity of the Bonds shall not exceed 120 percent of the remaining average reasonably expected economic life of the Project, and there shall be maturities or mandatory sinking fund redemptions of the Bonds so as to result in approximately level debt service throughout the term of the Bonds. The Bonds shall be special obligations of the City payable solely from the revenues provided by the Loan Agreement and other funds pledged pursuant to the Indenture. The Bonds are not to be payable from nor 'Charged upon any funds of the City other than the revenues pledged to their payment, nor is the City subject to any liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the any of the principal of, premium, if any, or interest taxing power of the City to pay on the Bonds; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and each Bond skull recite that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that no Bond shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. The Bonds shall contain a recital that they are issued pursuant to the Act and such recital shall be Conclusive evidence of the validity and regularity of the issuance thereof. The Mayor and City Manager are authorized and directed to prepare and execute by manual or facsimile signature the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this resolution and other documents required by the Indenture, .for authentication and delivery to Piper Jaffray Inc., as underwriter (the "Underwriter ") . 2. The City Council hereby approves the Project and the financing thereof for all purposes under Section 147(f) of the Internal Revenue Code of 1986, as amended. 3. The City Council hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Indenture, the Loan Agreement, the Amended and Restated Regulatory Agreement (the "Regulatory Agreement ") dated as of July 1, ieement b r y a d among City, the Trustee and the the the Uderwri erne he "Bond Ag BM1o5952 2 RC145 -309 G/E Hovd N3AV60 V AGaNNHX:W0d4 F,Z °6L 96- 61-Nnr /0-/D Purchase Agreement ") , and Assignments of the Mortgage and the Assignment to the Trustee. All of the provisions of the Indenture, the Loan Agreement, the Regulatory Agreement, the Bond Purchase Agreement and the Assignments of the Mortgage and the Assignment, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and'to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof . The Indenture, the Loan Agreement, the Regulatory Agreement, the Bond purchase Agreement and the Assignments of the Mortgage and the Assignment shall be substantially in the forms on ;file with the City, which are hereby approved, with such necessary or desirable and appropriate variations, omissions and insertions as do not materially change the, substance thereof, or as the officers executing the same, in their discretion, shall determine, and the execution thereof shall be conclusive evidence of such determination. 4. The Mayor and the City Manager of the City or either of them are hereby authorized to execute and deliver, on behalf of the City, such other documents and certificates as are necessary or appropriate in connection with the issuance, sale and delivery of the Bonds, including without limitation a request and authorization to the Trustee to authenticate and ;deliver the Bonds, a Tax Certificate and a Letter of Representations to The Depository Trust Company ( "D'TC") for appointment of DTC as securities depository for the Bonds. 5. The City hereby; consents to the distribution of the Preliminary official Statement relating to the Bonds and to the use by the Underwrite r of a final Official • Statement, substantially in the form of the Preliminary Official Statement. The preliminary official Statement and the official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City has not participated in the preparation thereof and shall have no liability in connection with the contents of or use of such offering materials . 6. All covenants, stipulations, obligations and agreements of the City contained in this resolution, and the aforementioned documents shall be deemed to be the covenants, stipulations, obliigations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that persona's individual capacity i and neither the City Council of the City nor any officer or employee executing the 'Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof . No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. in making the agreements, provisions, covenants and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, the Mortgage and the Assignment, which are to be applied to the payment of the Bonds, 40 as provided therein and in the Indenture. BMB105952 3 RC145 -309 Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned doe-Lime: ocuments, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City, the Company or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City, the Company and any holder from time to time of the Bonds issued under the provisions of this resolution. 7. In ease any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be legal or invalid,; such illegality or invalidity shall not affect any other provision of this resolution, pr of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein.. S. The Bonds, when executed and delivered, shall contain a recital and such recital small be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the aforementioned documents to happen, exist and be performed precedent to and in the enactment of this resolution, and precedent to issuance of the Bonds and precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. • 9. The officers of the City and its attorneys, agents and employees are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the aforementioned documents and this resolution. • 10. The City currently is considering the adoption of Private .Activity Tax Exempt Financing Guidelines that would, among other things, impose an administrative fee upon the issuance of obligations similar to the Bonds. The approvals granted in this itesolution are subject to and conditioned upon the negotiation by staff of an administrative fee to be paid by the Company upon the issuance of the Bonds, which fee shall be consistent with the Guidelines but shall not exceed $50,000. 11. passage. eM91059S2 RC145 -309 This resolution shall be in full force and effect from and after its 4 GtG HDVd 01E6GEEZ18 :QI NalVdD v AQ3PII HX:Woaa SZ °Vt 56- 81-Nnr . Adopted this 24th day 6f June, 1996. • • Attest City Clerk Rcl4S -309 5 Mayor / --/ Q--, G/8 EE)Vd 0LESLEEZLB'QI N3lVND T ACHNNSN:WOdd bZ °bI 9B -81-Nn is -13 UP Properties, Inc. Real Estate Development, Consulting and Management 15 Parkshore Place, 3663 Park Center Blvd. Minneapolis, Minnesota 55416 612- 922 -9540 FAX 922 -9520 May 31, 1996 Mr. Jim Prosser City Manager City of Richfield 6700 Portland Avenue Richfield, Minnesota 55423 Re: Village Shores, Richfield, MN Dear Jim: In follow up to our meeting on May 20, 1996 and a subsequent meeting with Mr. Batterson from Kennedy & Graven (May 23, 1996), we are writing to outline the history and changes that have taken place at Village Shores. As you may know, Village Shores was formerly known as Market Towers. Market Towers was originally a market rate rental apartment located at 66th Street and Lyndale Avenue in Richfield. It is part of a mixed use project with Market Plaza retail. The project initially filled with a majority of seniors and maintained that profile throughout its history. The financial history of the project was poor. Ironically, occupancy was good; however, rental rates were suppressed, the market place was poor, operating and debt expenses for that type of structure were exurbanite. Accordingly, the project never performed from a financial basis. In 1992, the owner's began planning to make changes to the facility. In 1993, the owner's renovated the retail portion of the mixed use development and created additional space to be used for amenities for the housing. In 1994, the partnership put together a program to convert the project into a congregate senior facility by adding a kitchen and dining room as well as other amenities described below. r.-I /,� -) t4 Mr. Jim Prosser Page 2 May 31, 1996 Originally, the building had one party room as its sole amenity. The renovation and rehabilitation involved the following: First Floor: The first floor was merely a lobby and one small office. This was converted into a full entrance with a 24 -hour front desk operation. Security cameras were placed throughout the facility which are all monitored at the front desk. In additional a health monitor system was placed in each unit in case of an emergency response was needed, this is monitored at the front desk also. The front desk is staffed 24 hours per day, seven days per week. In addition, a craft room, cinema room and lavatory were added to the first floor level, the lobby was enlarged and redecorated. Second Floor: This area was created by the conversion of the retail space described above. • In this area, we put in a full commercial kitchen as well as a dining room with a seating capacity of 75. There are ADA accessible rest rooms, a card room, billiard room, library as well as administrative offices, beauty salon and an office for our activity director. Our activity director is on staff full time. Third Floor: The old parry room was divided in half and part of it was redecorated for a small exercise room. Two guest rooms were created in the balance of the space for out of town visitors wanting to stay and visit residents at Village Shores. Hallways: All of the hallways throughout the building were renovated to include increased and upgraded lighting. A handrail was added in each hallway as well as redecoration. Programs: We have a full time 24 -hour security /desk staff. A full time activity director is also on staff. Our activity director has brought to Village Shore's residents a structured environment tailored to meet their lifestyle. In addition, the kitchen provides access to meals on a routine basis. The meal service is completely optional for each resident at their choice. Van service is also available for shopping and scheduled events. We have also contracted with a salon operator to provide a hair salon within the building. Mr. Jim Prosser Page 3 May 31, 1996 As you can imagine, making such a significant change to an existing facility is difficult and risky. In our preparation for this endeavor, we commissioned a study by Maxfield Research Group as well as performed our own analysis of the Richfield market. Both concluded that Richfield was in need of a senior congregate rental option since one did not exist. We recognized that some of the existing residents at Market Towers would probably not be interested in this type of lifestyle and expected that there would be some move -outs. Likewise, we were confident that many senior residents of Richfield were in need of such a lifestyle choice. In October, 1994 we had a meeting with all of the residents in the building to unveil the program in detail, go through the building plans, program changes, presented a board showing the project and its amenities compared to other projects, and handed out the new rent structure. Prior to that time, as leases expired we let every resident go on a month -to -month lease so that as they evaluated the changes to Village Shores, they had complete flexibility to stay or relocate. At a City sponsored meeting with elected representatives from the building, we agreed to offer a moving allowance to residents who moved either within the building (to another unit) or to a different choice outside of Village Shores. We also hired the Apartment Guide, (a recognized service for apartment relocation information) and had them available as a resource for the residents. This allowed all of the residents an opportunity to see other options for housing in the Richfield area and elsewhere. At our October meeting, we announced that the new rental program would not take affect until most of the construction was complete and the new service program was in place. We estimated that to be in the Summer of 1995. In fact, the new program took effect August 1, 1995. As a further part of our program, we gave a discount rent for the first year to the "preferred" resident. Any resident who resided in the building prior to January 1, 1995 was considered "preferred" and was given the discount. Anyone moving in after that paid the new rents once they went into effect. At this time, Village Shores is 100% leased with a waiting list of in excess of 50 people. This certainly demonstrates that the analysis of the Richfield market was correct. Approximately 66% of Village Shores residents come from Richfield/South Minneapolis. The remaining 34% are from areas in the metro area or out of state. Some of these are believed to be originally from the Richfield area that moved away and now are back. • Ia -/� Mr. Jim Prosser Page 4 May 31, 1996 The owners and the management company of Village Shores feel that we have filled a great need for the seniors of Richfield and have also have gone the extra mile to work with each resident at Village Shores through this unique and challenging time. At the time the changes were announced there was apprehension, negative publicity and understandable concern by the residents. After the building was opened and the programs in effect, we have received considerable compliments. We held an open house and had 400 -500 hundred people. Some of the residents that were earlier concerned are now most complimentary. We are proud to say that Village Shores is working better than originally projected. Our residents are proud of their new home, enjoy the lifestyle and are truly happy they reside at Village Shores. As we mentioned to the City Council during an earlier meeting, the owners secured an interim loan with Lutheran Brotherhood and funded all of construction costs from the partnership. At this time, we are seeking to reissue the existing and outstanding bonds in their entirety in order to secure permanent financing for Village Shores. The ability to use these tax exempt bond financing ensures that the rental structure at Village Shores will remain competitive. The owners have looked into conventional financing and unfortunately find that it is costly in terms of interest rate and annual debt load, and that such financing would be at best for a term of 10 years. This conventional financing would ironically put pressure for higher rents and have a reverse effect than the City, on our residents and ourselves. We want to keep Village Shores a great place to live in Richfield and at a great rental value. Attached is a comparison of the rents and services that Village Shores offers compared to its competitors. As you can see, Village Shores is truly a great value. By securing favorable and competitive financing, Village Shores can remain a great value for its residents and the Richfield community. As you know, the bonds were originally issued to build the facility. Midwest Federal provided a Letter of Credit enhancement for the bonds. Midwest Federal was dissolved and taken over by the RTC. We spent fourteen (14) months in detailed negotiations with the RTC and a 3rd party investor to release the debt from the RTC. In February, 1993, we completed that and the investor held the bonds. With our interim loan, we have paid the investor off and now hold the bonds. • la -/ ? Mr. Jim Prosser Page 5 May 31, 1996 Accordingly, we are asking the City of Richfield to approve the bond refinancing resolution and let us move forward with permanent financing. We have assembled a finance team with Piper Jaffray & Hopwood and IDS /American Express as purchaser of the bonds. We recently completed refinancing on another project with this team and everyone is poised to finance Village Shores. If you have any questions or comments, please feel free to give me a call. Sincerely, G & P P)90PERTIES, INC. Tim Iriihble Executive Vice President TT:ko cc: Bruce Palmborg Bruce Batterson • ?C X X X cA C1 X X X co Z X Ln co co X X ctr U) c`a 0 X Xco CO (.0 � X�v• a�7C c X rtr X X a X X X � X ��•• r=- �tr L o L @ 40 L p to LO cfr O °o a O o Kf tr? t r r- r VII tf! co r E O c O 0 0 OW N t= �-- t m 0 CL ER r r Z rfr 0 0 s. co r T W -T co �+ d= CY) 0 1 co O o} k� G s- O r N r 0 M ) t r N r to co N 6? 6F� - °o °o_ r t• CD 0 cO to O �. r CA to clt r M to Oi IV7 N d M cN0 � N O) N r CO O C4 CO o N � � 3 ° m; m U t� > 0 m tp LG J U Q (a -p N N co � G_cn.° N y �?� �o�.�N C � az �U- U� .Y 0- ()N�d to O J mtO l ��a ~r o= �� O LL .- D= jo 0 'c m .d C cO N Ci r G p�r4G 1'Y. tMOJ'L3 M� 711 tt-WYM � � O U ttStO "'LLlM� �{j!n.c�N I 0 ss m G O 0 N 0 N a� 0 �a O 45 N G O ti! o V N c a co @p t3 N co N G 0 O O :3 co ca O O •co CO 0) 4.1 0 IR .0 a b >~ Cd ZE tZ O CL CL Y a a m O r p m d /I -J' CITY OF RICHFIELD, MINNESOTA Council Letter No. 209 Agenda June 24, 1996 Issue Statement: Request by Oak Grove Lutheran Church, 7045 Lyndale Avenue, for an itinerant place of amusement license for a block party to be held August 17 and 18, 1996. Background: In May 1996, Oak Grove Lutheran Church submitted a request for an itinerant place of amusement license for August 17 and 18, 1996. They are requesting that the fee be waived. Recommended Motion: Approve the license, fee waived, for August 17 and 18, 1996, for Oak Grove Lutheran Church, 7405 Lyndale Avenue, to hold a block party. Basis for Recommendation: The applicant has complied with the City codes pertaining to this license. Alternative Recommendation: The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. Discussion /Decision Mode: The request for this license has been placed on the consent calendar for June 24, 1996. Respec submitted, James . Prosser City Manager JDP:ds • / CITY OF RICHFIELD, MINNESOTA • Council Letter No. 208 Agenda June 24, 1996 Issue Statement: Application for a community celebration event license with a request for a fee waiver by the Fourth of July Committee for events scheduled to take place on July 4, 1996. Background: Each year the Fourth of July Committee makes application for a community celebration event license and requests that the fee be waived for the activities that take place throughout the City on July 4, 1996. A detailed activity plan of the day's events is currently on file. A copy of the committee's bylaws and articles of incorporation are also on file. The food concessions will be staffed by members of nonprofit organizations who have been with the committee since the celebration began. Any proceeds of the concessions are used for community programs. No other outside vendors will be allowed to sell at a concession. The committee has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. Recommended Motion: Staff recommends the approval of a community celebration event license with a fee waiver for the Fourth of July Committee for activities held throughout the day on July 4, 1996. Basis for Recommendation: The applicant has complied with all of the provisions of the City application process and meets the requirements for a fee waiver. Alternative Recommendation: The Council could decide not to grant the license. This would result in the applicant not being able to conduct activities, especially those concerning food preparation, on July 4. Discussion /Decision Mode: Consideration of the request for the issuance and fee waiver of a community celebration event license for July 4, 1996 for the Fourth of July Committee is presented at this time. Respectfully submitted, Ja D. Prosser • City Manager JDP:ds 111- CITY OF RICHFIELD, MINNESOTA Council Letter No. 207 Agenda June 24, 1996 Issue Statement: Request by Minneapolis - Richfield American Legion Post 435 for a temporary, on -sale non - intoxicating malt liquor license for July 4, 1996. Background: On May 13, 1996, the Minneapolis - Richfield American Legion Post 435 submitted a request for a temporary license to serve non - intoxicating malt liquor (3.2 beer) on July 4 from 1 p.m. to 12 midnight. They are requesting that any fee be waived. This request is in conjunction with the Richfield Fourth of July Celebration and has been organized by the Fourth of July Committee. Recommended Motion: Approve a fee waived, temporary license for July 4, 1996, with the stipulations that the sale of 3.2 beer cease no later than midnight, and that the applicant submit proof of liquor liability insurance coverage for the outside property on which the beer will be served and consumed. • Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to a temporary on -sale beer license. 2. The applicant has supplied additional liquor liability insurance coverage. 3. The City has previously issued temporary on -sale beer licenses in conjunction with the Fourth of July Celebration. Alternative Recommendation: The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted temporary on -sale beer licenses in conjunction with the Fourth of July Celebration. Discussion /Decision Mode: The request for the temporary non - intoxicating malt liquor license has been placed on the consent calendar for June 24, 1996. Respectfully submitted, . James D. Prosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA 116- Council Letter No. 206 Issue Statemen Agenda June 24, 1996 • t• Request by Fred Babcock V.F.W. Post 5555, 710 Lake Shore Drive, for a temporary on -sale non - intoxicating malt liquor license for July 3, 1996. Background: On June 5, 1996, Fred Babcock V.F.W. Post 5555 submitted a request for a temporary license to serve non - intoxicating malt liquor (3.2 beer) on the evening of July 3. They are requesting that any fee be waived. This request is in conjunction with the Richfield Fourth of July Celebration and has been organized by the Fourth of July Committee. Their plans are to have an open house and community dance outside on their property and they would like to serve refreshments, including beer. Recommended Motion: Approve a fee waived, temporary license for July 3, 1996, with the stipulations that the sale of 3.2 beer cease no later than midnight, and that the applicant submit proof of liquor liability insurance coverage for the outside property on which the beer will be served and consumed. Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to a temporary on -sale beer license. 2. The applicant will supply the additional liquor liability insurance coverage. 3. The City has previously issued temporary on -sale beer licenses in conjunction with the Fourth of July Celebration. Alternative Recommendation: The Council could decide to deny the request. The Public Safety Department has not found any basis for a denial. In addition, the Council has previously granted temporary on -sale beer licenses in conjunction with the Fourth of July Celebration. Discussion /Decision Mode: The request for the temporary non - intoxicating malt liquor license has been placed on the consent calendar for June 24, 1996. Respectfully submitted, is Jamtf Prosser City Manager JDP:ds OF CITY OF RICHFIELD, MINNESOTA Council Letter No. 205 Agenda June 24, 1996 Issue Statement: Consideration of purchase in excess of $5,000 for mowing services for the 77th Street redevelopment area, C. P. 911. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. In May 1996, staff sent a request for quotations to three landscape service contractors for mowing services in the 77th Street redevelopment area. Each contractor was allowed to mow the area once before submitting a bid. The quotes received are as follows: Caola Landscape Services, Inc. $22,000.00 Contract Maintenance $ 8,580.00 Loaders, Inc. No Bid The 1996 revised ILN maintenance budget estimated $9,000 for these services. Recommended Motion: Approve a purchase order to Contract Maintenance in the sum of $8,580.00 for mowing services in the 77th Street redevelopment area. Basis of Recommendation: 1. Contract Maintenance submitted the low quotation for the work required. 2. Contract Maintenance has performed similar work for the City on other special projects and has provided acceptable work. Alternative Recommendation: 1. Council may decide to reject both quotations and instruct staff to obtain new ones. However, the quote from Contract Maintenance is a satisfactory price from a very responsible contractor. Discussion /Decision Mode: This item appears on the June 24, 1996 Council agenda. Staff is requesting approval at this time in order to turn the work over to the contractor as soon as possible. Respectfully submitted, James . rosser City Ma ager Is JDP:cak CITY OF RICHFIELD, MINNESOTA /I Council Letter No. 204 Agenda June 24, 1996 Issue Statement: Purchase in excess of $5,000 for one dust collector for use at the Water Plant. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The dust collector will remove the dust from the lime silo during truck unloading at the Richfield Water Plant. At the present time the only method available of unloading the lime is using a bucket elevator. The dust collector will allow a second method of unloading if the bucket should break down, namely, the forced air system on the truck. The lime is used as the softening chemical and it requires unloading one or more 25 ton loads per week. Quotations were requested and received with the following results: Vendor Total Bid Vessco, Inc. $ 5,666.43 • Bystrom Conveying 7,490.00 Recommended Motion: Approve purchase of a dust collector for use at the Water Plant from Vessco Inc. at a cost of $5,666.43. Basis of Recommendation: 1. The equipment meets the necessary needs and is the lowest cost. 2. Vessco is a reliable equipment supplier that we have used in the past. 3. There are sufficient funds in the 1996 water maintenance budget. Alternative Recommendation: Council may direct staff to obtain additional quotations. However, staff does not believe a better price can be obtained from a reputable contractor. Discussion /Decision Mode: Staff is requesting approval at June 24, 1996 Council meeting. Respectful ubmitted, James arosser City Manager JDP:ds 11� • CITY OF RICHFIELD, MINNESOTA Council Letter No. 203 Agenda June 24, 1996 Issue Statement: Award of contract for replacement of play equipment at Augsburg Park, vicinity of 70th Street and Wentworth Avenue. Background: ,The Capital Improvement Budget adopted for 1996 includes $220,000 for replacement of play features at Christian Park, Lincoln Field, Augsburg Park, Garfield Park and Roosevelt Park. Augsburg Park is located in the vicinity of 70th Street and Wentworth Avenue. The equipment at Augsburg Park is designed for an elementary school age group. The Augsburg facility is used on a daily basis by Spartan Elementary School. Staff of the school had input into the design. The wood product equipment currently on site was installed in 1978. Consumer Product Safety Commission guidelines and ADA (Americans with Disabilities Act) requirements have changed since the original installation. Bid packages were mailed to five qualified bidders. Bids for play equipment at Augsburg Park were opened according to legal requirements on June 12, 1996. Only one bid was received. The bid for the Augsburg Park play equipment is as follows: Vendor Total Bid Earl F. Andersen, Inc. $54,549.00 Two bidders did not submit a bid because they could not meet the timelines for installation. The other two bidders did not respond. Recommended Motion: Accept the bid minutes /tabulation and award a contract to Earl F. Andersen, Inc. in the amount of $54,549.00 for replacement play equipment at Augsburg Park. Basis of Recommendation: 1. The play equipment at Augsburg Park was originally installed in 1978. Generally speaking, the life expectancy for wood product equipment is about 15 years. The play equipment at Augsburg Park was due for replacement. 2. The Community Services Commission recommended, and the City Council concurred by adopting the 1996 Capital Budget, that there be a conscientious effort to replace aging play equipment in the City. 3. The bid submitted by Earl F. Andersen, Inc. was the lowest bid submitted by a responsible bidder meeting specifications. 110- 4. There is sufficient funding in the project allocation for the purchase. Alternative Recommendation: Council may reject the bid and direct staff to readvertise. However, staff does not believe a better price can be obtained from a reputable vendor. Discussion /Decision Mode: Staff is requesting approval at the June 24, 1996 Council meeting in order to facilitate the work on a timely basis. RespectfuIPA submitted, James rosser City Ma ger JDP:cak 0 17A • 0 • f/ o -a CITY OF RICHFIELD, MINNESOTA Bid Opening June 12, 1996 11:00 a.m. Augsburg Park Playground Equipment City Project No. 318 -9180 City Bid No. 96 -12 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 Augsburg Park playground equipment, bid no. 96 -12, as advertised in the official newspaper on June 12, 1996. Present: Thomas Ferber, City Clerk Jack Erskine, Public Safety Director Cheryl Krumholz, City Manager Representative Gretchen Blank, Leisure Services Coordinator The following bids were submitted and read aloud: Bidder's Name /City Bid Security Total Bid Amount Earl F. Anderson, Inc. Bloomington, MN 5% Bid Bond $ 54,549.00 The City Clerk announced that the bids would be tabulated and considered at the June 24, 1996 City Council Meeting. Thomas P. Ferber City Clerk '1` CITY OF RICHFIELD, MINNESOTA Council Letter No. 202 Agenda June 24, 1996 Issue Statement: Award of contract for 1996 sidewalk, curb and gutter repair, and catch basin reconstruction project. Background: Repair of concrete sidewalks, and concrete curb and gutter work is performed each year as a safety precaution. The maintenance program consists of removal and replacement of deteriorated concrete sidewalks sections and curb and gutter in various areas of the City. In 1994, staff added catch basin reconstruction to the specifications. Bids from three contractors were opened on June 13, with the following results: Ron Kassa Construction $34,080.48 Gunderson Brothers Cement Contractors $34,688.84 Standard Sidewalk, Inc. $41,058.40* The Engineer's estimate for this work is $36,700. *Standard Sidewalk, Inc. did not submit the required bond with their bid; therefore it is not considered a legitimate bid. The adopted 1996 street maintenance budget includes $21,700 for the contractual share of the sidewalk, curb and gutter repair project. This contract is based upon estimated quantities, and payment made on actual work performed. The catch basin reconstruction work is being funded by the storm sewer division budget. The difference between the budget amount and the contract cost will be billed to special projects. Recommended Motion: Approve the bid minutes /tabulations and award the 1996 sidewalk, curb and gutter repair, and catch basin reconstruction project to Ron Kassa Construction in the sum of $34,080.48. Basis of Recommendation: 1. Ron Kassa Construction submitted the lowest responsible bid. 2. Ron Kassa Construction has performed work for the City prior to this time under the name Advanced Concrete, and has provided acceptable work. 3. Funding for this project is available through the 1996 street maintenance division operating budget and storm sewer budget. 1/0'-) Alternative Recommendation: Council may choose to reject all bids and direct staff to obtain new bids; however, the bids received are in line with the amount of work which needs to be completed, and staff does not believe a better price could be obtained from a reputable contractor. Discussion /Decision Mode: This item is scheduled for the June 24, 1996 City Council meeting. Staff is requesting approval at this time in order to facilitate timely completion of this project. Respectfully submitted, James Prosser City Manager JDP:ds 0 • U • / tc -a. CITY OF RICHFIELD, MINNESOTA Bid Opening June 13, 1996 11:00 a.m. Sidewalk and Curb and Gutter Repair, and Catch Basin Reconstruction Bid No. 96 -9 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 sidewalk and curb and gutter repair, bid no. 96 -9, as advertised in the official newspaper on May 22, 1996. Present: Thomas Ferber, City Clerk Steven Devich, Administrative Services Director Cheryl Krumholz, City Manager Representative Roxi Braa, Administrative Aide The following bids were submitted and read aloud: Bidder's Name /City Bid Security Total Bid Amount Gunderson Bros. Cement 5% Bid Bond $ 34,688.84 Contractors Co. MPIs. Standard Sidewalk, Inc. None $ 41,058.40 Lindstrom Ron Kassa Construction 5% Bid Bond $ 34,080.48 Richfield The City Clerk announced that the bids would be tabulated and considered at the June 24, 1996 City Council Meeting. Thomas P. Ferber City Clerk 0 • 116 CITY OF RICHFIELD, MINNESOTA Council Letter No. 201 Agenda June 24, 1996 Issue Statement: Consideration of an action plan to achieve housing goals related to the Metropolitan Livable Communities Act. Background: In December 1995 and January 1996, the HRA and City Council approved the attached housing goals and submitted them to the Metropolitan Council in compliance with the Livable Communities Act. The act requires a "housing action plan" by June 30, 1996 to demonstrate how Richfield will achieve the stated goals. Accomplishing these goals is consistent with the following objectives which are shared by the City Council and HRA given best efforts, sufficient resources and current programs: • More market rate new construction and remodeled homes. • Development of low density attached single family homes. • A greater variety of apartment choices. • Affordable housing opportunities such as Vo -Tech or Habitat for Humanity. The draft action plan has been assembled in the form of a booklet (attached). The draft booklet has the following elements: • The Richfield Housing Goals; as previously approved. • The Program and Marketplace Framework; the high and low density program responses at various levels of housing value. • The Single Family and Multifamily Program Summary: 1996 to 2001; explaining the programs which are referred to in the "Framework ". • The Process Statement for achieving portions of the Richfield Housing Goals by 2001, 2006 and 2010; a 15 year plan which explains the growth in the number of housing units. • The draft Comprehensive Plan; scheduled for completion in 1996. Recommended Motion: Authorize City staff to submit Richfield Housing Goals and Housing Action Plan 1996 to 2010 dated June 1996 to the Metropolitan Council. Basis of Recommendation: 1. The action plan is consistent with community goals. 2. The submission of this action plan is the next step in the City Council and HRA participation in Metropolitan Livable Communities Act programs. 11 8-I 3. The Metropolitan Council requires the submission of an action plan by June 30, 1996. 4. The action plan is a reasonable response to Richfield goals. Considering all public and private market actions are taken into account, the action plan represents a reasonable approach to desirable community goals. 5. Checkpoints at five year intervals (2001 and 2006) provide an opportunity to adjust goals for market conditions and resources as they change over time. 6. The HRA approved the goals and plan on June 17, 1996. Modify the action plan. Discussion /Decision Mode: The action plan will be submitted to the Metropolitan Council after City Council review. Respectfully submitted, Jam . Prosser Exec ive Director JDP:ds • Richfield Housing Goals EffiTT7 Housing Action Plan 1996 to 2010 in response to the Metropolitan Livable Communities Act Presented by THE RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY and THE CITY OF RICHFIELD June1996 C FT LD • • • • 118 3 Richfield Housing Action Plan Contents Executive Summary of the Plan. Housing Goals Agreement. Housing Program and Marketplace Framework. Single Family Program Summary, 1996 to 2001. Multifamily Program Summary, 1996 to 2001. Process Statement for Achieving Richfield Housing Goals, 1996 to 2010. ■ The Draft Comprehensive Plan; scheduled completion in 1996. i Richfield Housing Action Plan Executive Summary In 1995, The Minnesota State Legislature created the Livable Communities Act and directed the Metropolitan Council of the Twin Cities Metropolitan Area to oversee the development of Housing Action Plans. The Plan for the City of Richfield reflects unique market challenges. To summarize: ■ Richfield is found to be a very affordable place to live and is committed to maintaining a supply of affordable housing choices. ■ Richfield needs a more diverse housing stock. Richfield should encourage single family market rate new construction and remodeling which will increase home values. Richfield should also promote the construction of attached and detached townhomes which provide greater life -cycle housing choices. ■ Richfield needs a greater variety of apartment choices. The "Housing Goals Agreement" presents the goals (index) and a fifteen year proposed • change in the index (the benchmark) which were developed by the Metropolitan Council. The City Council and Richfield Housing and Redevelopment Authority responded with goals, in five year increments given best efforts, market conditions, and resource availability. Richfield's goals are further supported with materials in the plan, including the following: ■ Housing Program and Marketplace Framework and Program Summary; describing local program responses at various marketplace value segments. ■ The Process Statement for Achieving Richfield Housing Goals; explaining the strategy for creating life cycle housing and increasing housing choices and housing density. ■ The 1996 Draft Comprehensive Plan; outlining proposed changes in land use and density over the long term. • . Housing Goals Agreement Metropolitan Livable Communities Act • PRINCIPLES The City ofRichfield supports: O A balanced housing supply, with housing available for people at all income levels. © The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. G) A variety of housing types for people in all stages of the life- cycle. ® A community of well- maintained housing and neighborhoods, including ownership and rental housing. OO Housing development that respects the natural environment ofthe community while striving to accommodate the need for a variety of housing types and costs. ® The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City ofRichfield agrees to : • Use benchmark indicators for communities of similar location and stage of development as affordable and life -cycle housing goals for the specified periods. • Make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. • These goals will be reviewed by the Richfield Housing and Redevelopment Authority (BRA) in 2001 and 2006. CITY INDEX BENCHMARK RICHFIELD GOAL FORRICHFIELD (1996 to 200 1) (1996 to 2001) Affordability Ownership 97% 64 -77% 92% Rental 64% 32 -45% 59% Life -Cycle Type (Non- single family detached) 36% 38-41% 3 6 -41 % Owner/RenterMix 65/35% 64 -70 / 30 -35% 65 -70 / 30 -35% Density Single - Family Detached 3.6 /acre 2.3 -2.9 /acre " 2.9 -3.6 /acre Multifamily 21 /acre 11 -15 /acre 15 -21 /acre 116- To achieve the above goals, the City ofRichfield elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. CERTIFICATION ;Iv4w A w I M-, , n Mayor January 15, 1996 Date • • 1 1 4=R SO. 1 o , ' T �` 1 • T T 0 1 i ° ° �S 1 Q j ran tn � o � ° 1 I jr)-r �� 0 0 d o .d as o Q 0 4 ad. .t 1 �v P ° P.-. � 1 N� A� x O d� Oa a w 0 3, o Z [oM no d E d a r r G s o n N 4 x C va O a o d as A 0 V • on � 3 d° Isl 0 oo cd O .y y tm on o O W •°� O N O 00 tz o ° *0 0 p, W ed rA O Q o tLA Ow CIA o O y � oW o � 0 0 o y `}'v 6 Aga nn ca O y ^ ou v'o °� wR�o 0 J Q A o o W� rA O> 5 o O ago O a oo .2 � AQo, U a oa o oa�x W y o a W° v o5 o �o�xo3y�co,"�o� o .p .� „sa •m obi (�, -15 o s H o H " �✓ EWA H � 0 A • • O V °o 0 � o W a 9 a a w • a � ; N O • O O O cd td O � `j w� � O 0 I a I�vw 0 a a 8 A4 b 'd b O � G o fz+ y 'bD C sz. b d � � O O 0 C> N kn 409) H � N �wlgl� WN a� L7 � � o z U O G � U � w i .� a� o •CA bA A b 000 ;:1 U � ON U O N O •� •� 'ua,.ob adna x O C O " � o O y � ai ore 3 al Q 0 O oO 110 a is a U o U �rn r L 4D ow �� "�✓ Y to ba tq tA rA c s to N G on �w - a t, � G cd p o� C ow w 3 � C L� Pr+ a W H O c. d so. a O O O o O y ^O � N Q Q o �� o v� wow �xw N ON oa cad �' � •� �' G •5 G 0 na pp O ° Z � O KA t5 •5 �' 0 dam O G to Q C7� O bR r � N W � •� O 3.01 GO O a O G �a �tA On 4,G� °vN �� 6-11., � Process statement for achieving Richfield housing goals 0 1996 -2010 In response to the City ofRichfield Metropolitan Livable Communities Act, the City ofRichfield and Metropolitan Council have entered into a 15 year housing goal strategy based on "City Index" and "Benchmark" standards developed by the Metropolitan Council. The City ofRichfield is challenged to accomplish the following four objectives: O Increase the ownership ratio of market rate homes to affordable homes. To make progress toward a 15 year goal by 2001, 500 more homes over $115,000 should be provided by public and private initiatives. These goals, performance, and resources would be reviewed in 2001 and 2006. © Increase the ratio of higher rent units to affordable rent units. To make progress toward a 15 year goal by 2001, 250 units should have higher market values. These goals, performance, and resources should be reviewed in 2001 and 2006. ® Increase the ratio and variety of ownership choices if possible. ® Increase housing density from the present "City Index" if possible. D J y� L� The 62 page "Draft Richfield Comprehensive Plan, 1996," is a required reference document to include when the Housing Action Plan is submitted to the Metropolitan Council. However, only the cover page has been included here to minimize paper and printing of multiple copies. The complete copy is available in the Community Development Department. r. or ._.. u... T� Onom- t/1 DC d ::E:: 0 v i • : -� s ' 3� ..' = 7.2 w Z 0 w 7> :D 0 z; i U X W • r CITY OF RICHFIELD, MINNESOTA Council Letter No. 200 Agenda June 24, 1996 Issue Statement: Request for an off - street parking permit to allow construction of a fourth municipal liquor store at 7700 Lyndale Avenue. Background: The City's municipal liquor operations is requesting an off - street parking permit for a. municipal liquor store at 7700 Lyndale Avenue. The 10,860 square foot building will provide 6,380 square feet of retail space and 4,470 square feet of lower level storage space. The building is designed to coordinate in both appearance and function with the Shops at Lyndale development. The Engineering Division does not recommend direct access to the site because it would impair the functioning of the 77th Street right turn lane. Access to the liquor store parcel will be from Lyndale Avenue and from other entrances to the Shops at Lyndale. CSM Corporation has agreed to provide access across their property. An agreement is being prepared to reflect the access arrangement with CSM. • A total of 40 parking spaces will be provided in the area immediately adjacent to the store and will be shared by the liquor store and the Shops at Lyndale. City guidelines require 26 spaces for the liquor store. Twelve spaces are needed by CSM to meet the parking ratio in the final development plan for the Shops at Lyndale. CSM has agreed to reconfigure 12 of their existing spaces to facilitate the shared parking arrangement. Sharing parking with CSM provides the liquor store with a parking ratio of 6.26 spaces for every 1,000 square feet of retail space. In the proposed site plan, 23 parking spaces will be on the liquor store property. Six spaces will be on CSM property. The remaining 11 spaces will be split between the two properties. A shared parking agreement will be signed with CSM to address maintenance and ownership issues. A portion of 77 -1/2 Street was not vacated when the rest of 77 -1/2 Street was vacated because the Conoco station needed access to Lyndale Avenue. Staff will request the vacation of the remaining street later this summer. Setback variances are required because of the irregular shape of the parcel and to allow for the parking /design coordination with the Shops at Lyndale development. The Hearing Examiner heard the variance requests on June 18, 1996. A finding has not been made. • • Recommended Motion: Approve the request for an off - street parking permit at 7700 Lyndale Avenue with the following stipulations: 1. That a stormwater management plan be approved by the Engineering Division. 2. That the Hearing Examiner grant setback variances for the property. 3. That a shared parking agreement be executed between the City and CSM to also allow for cross access between the two properties. Basis of Recommendation: 1. The proposal exceeds the City's parking requirement of 26 spaces. 2. The proposal is a workable development of the remnant parcel given the shape and location of the parcel. 3. The development coordinates parking, access and design with the adjacent Shops at Lyndale. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion /Decision Mode: Consideration of this item is scheduled on the consent calendar of the City Council meeting on June 24, 1996. Respectf ly submitted, James6. Prosser City Manager JDP:ds 11 0 rn — - ------ - ----- LYNDALE AVER: -)'OUTH RICHFIELD MUNICIPAL LIQUOR RICHFIELD, NINNESOTA gc rl I AX RICHFIELD MUNICIPAL LIQUOR RICHFIELD, NINNESOTA gc rl • UN • F--) LYNDALE AVE. SOUTH • • ' RICHFIELD MUNICIPAL LIQUOR rj� RICHFIELD, I"IINNESOTA y B i RAMP DO - -- WN - -- II ie! �— .. -- _-- -------------------------- d G - 4r STORAGE I � n A O[tR sTAfXf ft01 fT.�[JCf — T1 I cmn U W 1 Hass WINE • Y g& r -T§ Tmj -r §� 4r _ f I s - � - - - -i-------i------- f 1 J / 0 I / M 7 ' RICHFIELD MUNICIPAL LIQUOR rj� RICHFIELD, I"IINNESOTA B i ie! ' RICHFIELD MUNICIPAL LIQUOR rj� RICHFIELD, I"IINNESOTA URRENT SITE C ' I I A -6 T/ 7H ST. WEST --- - - - - -- -------------------------------- 4 - - - - -- - - -- - ( ExIST1NG ; 3 1111111111111111 CONOCO - -AJ ANCHOR E - 14,438 S.F. GAS STATION BEST BUY - 57,076 S.F. I I ANCHOR G - 24,122 S.F. ANCHOR E ANCHOR F ! ANCHOR G IN-LINE CANOPY it 14,438 S.F. 12,575 S.F. 24,122 S.F. SHOPS It 12,648 S.F. ` - - -- RESTAURANT - 6.500 S.F. RESTAURANT 5.384 S.F. Q ® 114,199 S.F b 99 I J A b j A ESTAURAN / 5.384 S.F. t17 16 8 / / 1 15 15 16 16 15 15 Ir 15 C ® , ---------------------------------------------------------- - ----% THE SHOP --------------------------------------- ---------------------- - - - - -- / RICHE MARKET DRIVE --------------- - - - - -- EN I] DEVELOPMENT SUMMARY - OPTION 13 PHASE ONE PHASE Two AT LYN LD, MINN SOTA rFOR: Acsm Corporation TOTAL 2561 Territorial Raad SE. Paul, MN 55114-1500 Tuthic Montyomcry Asaoc(oi 3 Inc. a'hMCt. ;md.cap. wtl' It, Wur6w O.My�.. - Sp,c Pk -,e 3300 Ednborough Way. •601 Minneopok3. Minnesota 55435 612. 830 -8208 SPORTMART - 44,328 S.F. ANCHOR D - 38.502 S.F. PETsMART - 25,962 S.F. ANCHOR E - 14,438 S.F. BEST BUY - 57,076 S.F. ANCHOR F - 12,575 S.F. ANCHOR G - 24,122 S.F. IN -LINE SHOPS - 12.648 S.F. RESTAURANT - 6.500 S.F. RESTAURANT 5.384 S.F. PROPOSED BUILDING 127,366 S.F. 114,199 S.F 241,565 S.F. — sitE " " " ": 376,615 S.F. 18.65 ACRES) 382.750 S.F. (8.79 ACRES) . . 759,365 S.F. (7.25 ACRES) _SITE 6156 b ........................... . ............................... ........................ --..... TOTAL : 578 (10 HC & 82 COMPACT 0 (16 HC & 84 COMPACT) 52.4.55 1098 (26 HC & 166 COMPACT ....... PER 1600 SF ' -.• 4.53 ..................... .........._................ ..................... ...... 4.56 2561 Territorial Raad SE. Paul, MN 55114-1500 Tuthic Montyomcry Asaoc(oi 3 Inc. a'hMCt. ;md.cap. wtl' It, Wur6w O.My�.. - Sp,c Pk -,e 3300 Ednborough Way. •601 Minneopok3. Minnesota 55435 612. 830 -8208 /U CITY OF RICHFIELD, MINNESOTA Council Letter No. 199 Agenda June 24,1996 Issue Statement: Proclamation designating July as National Park and Recreation Month in Richfield. Background: Parks and recreation are essential services that can positively impact health, crime prevention, the environment, the economy and the quality of life in Richfield. Recommended Motion: Approve an official proclamation by the Mayor designating July as National Parks and Recreation Month in Richfield. Basis of Recommendation: 1. Investing in the environment, through parks and the provision of open space in residential areas, leads to an increase in neighborhood property values through accessibility to environmentally friendly green spaces and associated recreation opportunities. 2. Regular physical activity is one of the very best methods of health insurance for • individuals. 3. Leisure provides leadership opportunities that build strong communities. 4. Recreating together builds strong families, the foundation of a stronger society. 5. Meaningful leisure services reduce the high cost of vandalism and criminal activity. Alternative Recommendation: None. Discussion /Decision Mode: This item is scheduled for the June 24, 1996 Council meeting, Leisure Services Coordinator Gretchen Blank will be present to accept the proclamation. Respectfully submitted, Jam s . Prosser City k nager 0 JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 198 Agenda June 24, 1996 Issue Statement: Proclamation designating July 7 through July 13, 1996 as National Therapeutic Recreation Week in the City of Richfield. Background: The City of Richfield is a member of the National Therapeutic Recreation Association. The Association sponsors a recognition week annually. The adaptive recreation program provided by the City of Richfield has existed since 1972. A four community cooperative known as ARLE (Adaptive Recreation /Learning Exchange) was created in 1988. Providing services for all residents is a policy of the City of Richfield. Increased community awareness of Richfield's commitment to adaptive programming and education can be provided through acknowledgment of National Therapeutic Recreation Week. Recommended Motion: Approve an official proclamation by the Mayor designating July 7 through July 13, 1996 as National Therapeutic Recreation Week in the City of Richfield. Basis of Recommendation: • 1. Adaptive recreation programs are an integral part of Richfield community. 2. Richfield is a member of the National Therapeutic Recreation Association. Alternative Recommendation: 1. Do not participate in National Therapeutic Recreation Week. However, Richfield has an outstanding adaptive recreation program and participation in the week will increase community awareness and expand the public education of adaptive recreation. 2. Select another time to focus on therapeutic recreation. However, Richfield's participation in the national event will increase the exposure to the programs and education offered in Richfield. Discussion /Decision Mode: This item is scheduled for the June 24, 1996 Council meeting. Leisure Services Coordinator Gretchen Blank will be present to accept the proclamation. Respectf Ily submitted, ' James . Prosser City Manager JDP:ds M CITY OF RICHFIELD, MINNESOTA Council Letter No. 197 Agenda June 24, 1996 Issue Statement: ` Public hearing to approve update of the City's Comprehensive Plan. Background: In 1993, the City Council appointed a 16- member Steering Committee, comprised of members of the Planning Commission and other City organizations, to revise the City's Comprehensive Plan. The Comprehensive Plan Steering Committee developed the following goals and objectives for the City: • Take advantage of Richfield's residential character by maintaining existing neighborhoods and preserving their residential quality. • Continue to expand the choices in housing such as senior housing, a wide range of single family residences, duplexes and townhomes. • Support Richfield's school population. • Expand regional commercial areas and increase Richfield's tax base, taking advantage of exposure along Interstate -494. • Increase multiple -unit housing, giving those who cannot or do not choose to maintain a house the chance to live in Richfield. • Use single family attached units -- duplexes and townhomes -- as a buffer between residential neighborhoods and commercial development. • Incorporate the proposals in the 1989 Park Plan to improve and upgrade parks. • Provide non - residential uses to mitigate airport noise intrusion in East Richfield along Cedar Avenue. • Provide for a system of bike /hike paths. Based on the goals and objectives, the Planning Commission and Steering Committee members worked with consultant Don Brauer to develop the specific parts of the Comprehensive Plan. The plan includes the following components: parks and open space, urban infrastructure, housing, economics and fiscal policies, and detailed area plans. The detailed area plans provide a guide for development in each of the City's transportation corridors. Once the draft plan was complete, the Commission and Committee developed and implemented a communications plan to inform residents and business people about the plan and solicit their feedback. The following steps were taken to inform residents and business people about the process: • Presentations were made at the 1996 Richfield Remodeling Fair. • Commission members gave presentations to community organizations. 9-I • The League of Women Voters featured the Comprehensive Plan on its program during the month of, February. • The Comprehensive Plan was the feature article in the March /April edition of Your it and was the subject of the Question and Answer section in the May /June edition. • The plan was made. available for people to view at City Hall and at the Augsburg Library. • An invitation was mailed to all Richfield residents and business persons inviting them to attend one of six neighborhood meetings on the plan. The meetings were held in different locations across the City over a three -week period. A summary fact sheet and question and answer piece were prepared to distribute at the meetings and sent to interested people. • A follow -up letter was mailed to people who attended the neighborhood meetings and who called for information thanking them for their interest and informing them of the Planning Commission and Council public hearings on the plan. Recommended Motion: Conduct a public hearing, approve the update of the Comprehensive Plan, as attached, conditional upon review of the plan by the Metropolitan Council and direct staff to forward the plan to the Metropolitan Council for review. Basis of Recommendation: 1. The City's Comprehensive Plan was adopted in 1982. A revised plan is needed to reflect and respond to changing conditions in the community and region. 2. State statute requires that all metropolitan communities revise their comprehensive plans by December 31, 1998. 3. The Planning Commission and the Comprehensive Plan Steering Committee, comprised of representatives from a variety of City organizations, developed the plan. 4. The Planning Commission implemented an extensive communications plan to inform residents and business persons about the plan and to receive feedback from the community. 5. On June 11, 1996 the Planning Commission held a public hearing and voted unanimously to recommend the plan to the City Council. 6. Notice of the City Council hearing was published in the Sun- Current and mailed to residents and business persons who attended neighborhood meetings or requested information. Alternative Recommendation: 1 , Approve the Comprehensive Plan with revisions. me- 2. Return the Comprehensive Plan to the Planning Commission for additional study. Discussion /Decision Mode: A public hearing is scheduled for 7:00 p.m., Monday, June 24, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. 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E : d d a0 00 Op 3 :3 C C C 7 7 W 1/� En VJ t , LIM-10- r� 5` . co c y z U U U r} U> Q n O C C > > c C- C- mm i10 0 i W g -y8 LU 0 0 z LU O z F—_ C/) r*oo LLJ z E E Z) D x Ul LU z 0 LLJ 5 J 0 Imo!'' t z c 'a a) 0 NO I Ll n-A 0 .fj c U G l) Q� Q� b o 1 N V� c c c 10 z ,_.. _!■! : r I , , It l _ _ I l$ TT J. i aJ CO i ■■■r�iz 11 n! '0 d U a- .. +� �—'TT U') TT tt ■ W —J7 Yr ■ v j. p 1 t > cn o LU o — LU LL LU- W co U O I N uV r 1i� 3 I�' ,• p c� lJ J 0 IM I CITY OF RICHFIELD, MINNESOTA Council Letter No. 196 Agenda June 24, 1996 Issue Statement: Public hearing regarding a request for an amended conditional use permit to allow construction of a seasonal sports facility and athletic field at the Academy of the Holy Angels, 6600 Nicollet Avenue. Background: The applicant is proposing to construct a seasonal sports dome on the Holy Angels campus. An athletic field of artificial turf would be covered by an air supported structure to allow sporting activities during the winter season. Bleachers and lighting would be installed to allow evening use of the athletic field during the summer and fall. The proposed structure is 65 feet tall at the center, 215 feet wide and 374 feet long. A 10 foot high fence would surround the structure to prevent unauthorized access. A concessions building with restroom facilities would be constructed to the east of the field. The size of the dome allows for two, half size soccer fields to be configured within the dome. A deflated dome allows a regulation size soccer or football field. The height of 65 feet is directly related to the dome's width and length and the need to create a curved surface. The dome is made of Teflon- coated plastic with an interior insulating layer. The dome is a temporary structure and can only be inflated for a maximum of 180 days, according to building and fire code regulations. Existing trees on the site will help screen the structure and will be supplemented with evergreen trees on top of a berm along the west property line. Some existing trees will be removed with the construction. The building is a temporary structure, so the site will remain in its existing condition for the balance of the year. A perspective is included in the attached site plans which shows the view of the dome from the west side of Pleasant Avenue. On March 23, 1996 the Planning Commission conducted a public hearing on the request. In response to neighborhood concerns, the Commission recommended that Holy Angels and the neighbors try mediation to work through some of the issues. Two mediation services were used. Both were unsuccessful at finding a compromise solution. LOCATION: Holy Angels reviewed several alternative locations for the dome in response to neighborhood concerns. The original plan located the dome over the existing practice field which is set back 39 feet from the west property line. Holy Angels is requesting approval of an alternative location that moves the dome 70 feet to the east. In this alternative location, the dome would be set back 114 feet from the west property line. An additional 80 feet of railroad and street right -of -way would separate the dome from the residential property lines on Pleasant Avenue (a total distance of 194 feet). LANDSCAPING: Thirty -seven trees will be removed at the alternative location. Fifty, fourteen -foot evergreens will be planted along the western property line on top of a berm to help screen the structure. The trees to be removed are primarily ash and elm trees. Holy Angels plans to continue replacing the lost deciduous trees with over time. TRAFFIC AND PARKING: Holy Angels has 105 parking spaces on their property. In addition, Holy Angels has an agreement with the adjacent St. Peter's school and church to use their parking lot (375 parking stalls) for a total of 480 spaces. The agreement provides for shared parking except during Mass times which are Saturdays at 5 p.m. and Sunday mornings before noon. The school is not likely to have major events during these times. There is some parking spillover onto Wentworth Avenue during the school day from students who drive on an occasional basis. In general, adequate parking is available for normal school activities. The proposed bleachers provide outside seating for 1,000 people. The dome itself has an occupancy load of 300 people. The City's Transportation Engineer estimates a demand for 300 parking stalls for the occasional event, like a football game (4 to 5 per year) or graduation (1 per year), that will generate a large number of people. Based on this estimate, the 480 stalls should provide ample parking for special events. It should be noted that the City typically does not require businesses, organizations or residents to provide parking for occasional occurrences. There is above average traffic on 68th Street (1,397 cars at Lyndale Avenue and 1,065 cars at Nicollet Avenue) because the City's grid system enables residents to use 68th Street to avoid 66th Street. There will likely be a 5 to 10 percent increase in daily traffic on 68th Street (a maximum of 140 additional cars at Lyndale and 107 cars at Nicollet) when there are major school events. The increase may be noticeable for a short period of time before and after the event. The alternative location requires that part of the existing parking lot be moved. Holy Angels will construct the new portion of the lot in conformance with City standards to install curb and gutters. Holy Angels requests that they not be required to provide curb and gutters in the portion of the lot that is not being redone. LIGHTING: The lighting for the uncovered field will be designed with glare shields and louvers to minimize the brightness perceived from the adjacent neighborhood. Security lighting will be located around the perimeter of the dome to provide further protection against unauthorized access. The lighting plan has been reviewed by a lighting expert to ensure that the proposed design will minimize the impact on the neighborhood. I? -a NOISE: Dr. David Braslau (David Braslau Associates, Inc.) conducted a noise assessment of the proposed facility based on its original location. The additional 70 feet does not alter Dr. Braslau's conclusions. Dr. Braslau determined that the blowers used to inflate the dome and the facility's heater will generate noise levels below the median level of noise that already occurs in the neighborhood. The blowers used to inflate the dome will emit an estimated noise level of 65 decibels at 3 feet. By the time the sound reached the residential neighborhood, it would be reduced to a level of 40 decibels. At 40 decibels, the sound would be less than the median noise level of the existing background noise (50 decibels during the week day; an estimated 42 decibels during the evening). A low hum may be distinguishable at times when the background noise is well below the median level. The noise level generated by the heater would be 75 decibels at 3 feet. The equipment can be shielded to reduce the sound to a similar level of 40 decibels. The greatest amount of noise will be generated by the speakers used during outdoor athletic events. The speakers can also be shielded to minimize the noise impact and reduce the level to 45 decibels. Because speech is different from background noise, it may still be intelligible even with shielding. The speakers can be designed to minimize this effect as well. Dr. Braslau raised a concern with the drum -like sound created by soccer balls hitting the walls of the structure. He recommends that a net be installed for kicking practice so balls are not directed at the dome itself. Dr. Braslau also recommends that the speaker system not be used after 10 p.m. to meet the stricter nighttime level recommended by the Minnesota Pollution Control Agency. Attached is a copy of Dr. Braslau's report. Also attached is a copy of a memo from resident Heidi Gaibor and a response to Ms. Gaibor's concerns from Dr. Braslau. Dr. Braslau will be in attendance at the Council meeting on June 24, 1996. DRAINAGE: Water drains through the turf to a one foot layer of sand underneath. Beneath the sand is a drainage system that takes the water out to the ground. The water eventually drains to 66th Street and can be handled by the existing storm water system. The Engineering Division has reviewed and approved the long term drainage plan for the site. USE OF THE FACILITY: The facility would be used for physical education classes, practice for a variety of sports, and as a playing field primarily for soccer and football. Holy Angels anticipates that other school - related activities may also take place in the facility. Holy Angels will also selectively rent the facility to Richfield community sports leagues and other activities. The Planning Commission recommended the stipulation that hours be limited to 6 a.m. to 11 p.m. • -3 • Holy Angels plans to establish an advisory board made up of community members to encourage regular communication and receive input about the operation of the facility. The Planning Commission recommended that this advisory board be established within 60 days of any Council approval. COMPARABLE FACILITIES: There are several other domes located throughout the Twin Cities area. The Nicollet Tennis Center at 40th Street and Nicollet Avenue is located in a park and is adjacent to a residential area. The Tennis Center has two domes, each of which is slightly smaller than the proposed Holy Angels structure. Augsburg College has a dome that is approximately the same size as the proposed structure. VARIANCE: The zoning ordinance does not anticipate this type of structure. Variances for the height of the structure, the southern setback of the field and the height of the security fence were required. The Hearing Examiner granted the variances on May 28, 1996. Recommended Motion: Approve the conditional use permit to allow construction of an athletic field and seasonal sports facility at the Academy of the Holy Angels, 6600 Nicollet Avenue, with the following stipulations: 1. That the structure meet the Uniform Building and Fire Codes and be inflated no more than 180 days in a given year. 2. That a lighting plan, indicating both field lighting and security lighting, be submitted to and approved by the Community Development Director based on a review of the specifications by a lighting expert that indicates minimal intrusion on adjacent properties. 3. That a plan for the speaker and heater system be submitted to and approved by the Community Development Director based on a review of the specifications by Dr. David Braslau at a recommended level of 40 decibels or less at the residential neighborhood to minimize the impact on the adjacent neighborhood. 4. That netting be erected inside the dome for practice purposes to prevent the impact of balls on the walls of structure. 5. That Holy Angels establish an advisory committee or some other forum for communication within 60 days of Council approval to provide residents and other community organizations with a means of communicating their concerns regarding the facility with the school. 0 174 6. That a plan for protecting the remaining trees during construction be submitted to and approved by the Community Development Director in consultation with the City Forester. 7. That a plan for replacing the lost deciduous trees be submitted to and approved by the Community Development Director and that a landscape escrow be submitted for the cost of the landscaping. 8. That the shared parking agreement with St. Peter's for the utilization of the St. Peter's parking lot remain in effect. 9. That the hours of operation be limited to 6 a.m. to 11 p.m. 10. That the hours of operation of the speaker system be limited to 7 a.m. to 10 p.m. 11. That the Engineering Division approve the stormwater drainage plan for the relocated parking lot. Basis of Recommendation: 1. An athletic field is a necessary component of an educational institution. The proposed sports facility enables the applicant to use the athletic field throughout the year and meet the needs of its students. . 2. The distance from neighboring properties, the existing and added landscaping, and the temporary nature of the structure reduces its impact on the neighborhood. 3. The conditions to mitigate the impact of noise and lighting, required to grant a conditional use permit to a school, are being met. The design of the lighting and speaker systems will be such to minimize the impact on the adjacent neighborhoods. A buffer will be provided along the western property line to mitigate noise and visual impact on adjacent properties. 4. Adequate parking is provided by a shared parking agreement between Holy Angels and St. Peter's. 5. The Hearing Examiner granted variances for the proposed field and structure on May 28, 1996. 6. On May 28, 1996 the Planning Commission voted unanimously to recommend approval of the amended conditional use permit. 7. The facility represents a significant capital investment in the community. 8. Mr. Brad Bjorklund of BCL Appraisals, Inc., an experienced appraiser familiar with the Richfield community, determined that the sports facility would not negatively . impact property values along Pleasant Avenue. 7 -5 0 9. Notice of the hearing was published in the Sun - Current and mailed to property owners within 350 feet of the subject property. Alternative Recommendation: Deny the request with a finding that the proposal would have an adverse impact on adjacent properties or the City as a whole. Discussion /Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, June 10, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. The 60 -day decision period was extended until June 29, 1996. A decision must be rendered by June 29, 1996, or the applicant must agree to an extension of the time period. Respectfully submitted, Jam Janager Prosser City JDP:ds • • Lo I n ACADEMY OF THE HOLY ANGELS SITE CONTEXT C] r rMC3 0 ... ...... . '3AV SN3A31S z ❑ C3 a ED 0 0 ... 2: il 0 0 13 C3 013 t3 0 a.......... Da D o lo* []a cl 0 cpb1313 C0 E3 cz L 0- Fo r ...... cl t3 777= C, L II 0 0 4' �4 L 1 c ul 131100IN 0 U. ..... ....... 0 r . .... ... % % x .. tu _ " 'a 1,130SIV-18 13 V :cn P. I ..... OP 01 x in. %4% Lu HIHOMIN3M % I ilk 101 ... ......... Xeti .. ...... . < r 'a" AungSlIld Ox-ee 0 .. . .... ..... t .... e.. m LL Lu ... ..... . . ... :i* . ... z z 0 )r.: I L� U) ;R 0 1 ... .. ti v- .11 . . . ....... . .e. A ......... ... x- I I- 1-7f. s ■ rarw all 4- E3 13 —7j 5 L r L I lam= -�— - _ i . -in Z II_\\ \� �I' IV Ild° a t li C a m Q - -- - -- C3 z 3AV 013wkivo CL .v SUBJECT PROPERTY 6-24,96 n -') • 0 ,� - . -1 ' I1 � N ' "s X 4 n n 222 FFF 1jj��( V �I �� T A, of: -HE „vy. k SITE YPA S P, SnON��nyiH f � al ■ • 1 Will 1 +*j!w, IJ- a Q � • ■ ,ter ON Lw WMA !r�'"1 -M6 7— ACADEMY OF THE HOLY ANGELS PERSPECTIVE IL fA rK cc IL 6-24-96 ACADEMY OF THE HOLY ANGELS SPORTS FACILITY SPORTS FACILITY ELEVATIONS -w-v � Ma a _ ".1 / lIRM We �i mesror �uaowc _ / 04 OMN I,NC /MCL • 6 -24 -96 • 0 ►_ J ACADEMY OF THE HOLY ANGELS NOISE ASSEStMENT ACADEMY OF THE HOLY ANGELS ! l Richfield, Minnesota NOISE ASSESSMENT of the Proposed Athletic Facility and Inflatable Air Structure Prepared for the City of Richfield by David Braslau Associates, Inc. 3 May 1996 � 0 1.0 INTRODUCTION • � 0 This Noise Assessment of the proposed Academy of the Holy Angels athletic facility and inflatable air structure was requested by the City of Richfield to identify potential noise impacts on the adjacent residential area to the west. A presentation was made by Dr. David Braslau to the mediation group meeting on Tuesday evening, 16 April 1996, in the Richfield Community Center. The primary issues and potential for impact discussed at that time are summarized in Section 2.0 of this assessment. During that meeting, several outstanding questions were raised by the neighborhood regarding noise issues that had not yet been addressed. Responses to those questions are contained in Section 3.0 of this report. Academy of the Holy Angels - Noise Assessment Page 1 . 2.0 NOISE ISSUES • The noise issues discussed at the mediation meeting on 16 April 1996 are summarized below. A copy of the overheads used during that presentation is included here as APPENDIX A. • Estimated ambient or background noise level at homes west of Holy Angels The primary source of noise at these homes is traffic on 66th Street and the Crosstown. Even though the Crosstown is a half -mile from the area, it is elevated and carries a rather high traffic volume. The observed weekday daytime background level was 50 dBA.. Saturday background was observed to be 42 dBA which is representative of levels that might be expected during the evening hours. This is several dBA lower than the 45 dBA background level estimated at the mediation meeting. • Estimated noise level at homes from constant speed fan to keep the bubble inflated The fan(s) that are used to keep the dome inflated will be enclosed or shielded by the bleachers on the east side of the athletic field. Although no sound level was provided for this fan, it was described as a low flow/high pressure fan which generally emits less sound than a high flow/low pressure fan. With an estimated level of 65 dBA at 3 feet, the level is estimated to be less than 40 dBA at the residential area which is at or below the estimated ambient level. • Noise level at homes from the heater /fan The heater and fan to maintain temperature in the bubble will also be shielded by the bleachers. While a sound level of 65 dBA was reported for this source prior to the meeting, a level of 75 dBA was observed at the Augsburg bubble. With careful shielding of this equipment, the sound level could be reduced to 40 dBA or below at the residential area to the west. Some cycling of this equipment (and hence associated sound) will occur depending upon temperature Academy of the Holy Angels - Noise Assessment Page 2 • �-lq �• 1.11' �•�� • • �• .�.1• • •• - Based upon previous studies of crowd noise, the noise level from spectators is estimated at a maximum of 72 dBA. This will last only a short time since maximum shouting effort can only be supported for a short duration. Moreover, this level of noise occurs only periodically during sporting events. Crowd noise occurs more suddenly than aircraft but lasts a shorter time. A typical level of an overflying jet aircraft was observed at 72 dBA in the area, but that level lasted for 20 to 40 seconds. "is M- Mons r4rMeTF MW-Va With speakers mounted on light poles on the west side of the playing field, but pointed towards the east to cover the bleachers, the estimated level at the homes is 60 dBA without any additional shielding of the speakers. This assumes directional speakers that focus the energy towards the east and do not spill or waste sound energy behind the speakers. With structural shielding of the speaker, a level of 45 dBA is expected at the residential neighborhood. Since speech carries information content and is different from background noise, it may be intelligible although careful speaker design should be able to minimize its intrusiveness. \• •1 1_•Il .1" • •• • .. • i•11 Trucks or trains traveling between the homes and bubble generate noise that could also be reflected from a structure on the Holy Angels property. Because of its construction, the fabric bubble will reflect primarily higher frequencies that decay faster in the atmosphere. Also, because the bubble is curved (see copy of overhead in APPENDIX A) , reflected sound is likely to be reflected upwards and over the adjacent neighborhood. A permanent structure with vertical walls could generate reflected noise and hence possibly increase noise levels from intervening traffic. This also suggests, however, that any low frequency noise generated within the bubble is likely to be less attenuated by the bubble fabric. Academy of the Holy Angels - Noise Assessment Page 3 r1 U r� i - j j<�' • Noise levels from activities within bubble The bubble material is more transparent to sound than normal construction. Therefore, sound from activities within the bubble should be minimized. No amplified sound should be used within the bubble. Normal sounds will be slightly enhanced within bubble (+ 3 to 5 dB) because it is an enclosed space. Based upon the weight of the bubble material, an attenuation of 10 to 15 dB at typical speech frequencies can be expected. Therefore, sounds from within the bubble should be somewhat lower than from the same location but without the bubble. The north/south orientation of the athletic field is preferred over the east/west orientation since: Bleachers may provide less shielding of fan noise when oriented east/west Pole- mounted speakers cannot be as well - shielded from homes Some trees will have to be removed Academy of the Holy Angels - Noise Assessment Page 4 � - / co 3.0 RESPONSES TO QUESTIONS FROM MEETING ON 16 APRIL 1996 Sound Level Measurements at Augsbure Dome Readings were taken at several locations in and around the dome. Some general findings are presented below. • The only sound that was detectable at the emergency doors was air leaking around the door itself, causing a sound level of 64 dBA. This would drop to about 35 dBA at the nearest residence and would probably not be audible. • The loudest noise observed was from a vent on the adjacent building which provided heat and pressure. At 3 feet this measured 75 dBA. Even if this were unshielded, it would drop to about 35 dBA at the nearest residence. When shielded by the bleachers it would be even lower. • One unexpected sound that was observed could be a problem if not contained. Only two students were kicking a soccer ball towards a goal inside the dome; when they missed, the impact of the ball on the dome was somewhat akin to a weak drum and has the potential for • being somewhat disturbing. The impact level measured 62 dBA at 15 feet and could be as high as 50 dBA at the nearest residence. Since as many as 20 students might be shooting goals at any one time, it is critical that a net be hung inside the dome where a ball could impact the dome wall at a relatively high velocity. This is evidently common at some other locations. • The readings are summarized in the table below. Location/sound source Typical Sound Level (dBA) Air outlet inside dome ( @3 ft) 68 --------------------- - - - - -- Center of dome --------------- - -- 59 Emergency ---- - - - - -- Emergency door (inside dome)(@ 3 ft) --------------- - -- 63 --------------------- - - - - -- Emergency door (outside dome)(@ 3 ft) --------------- - -- 62 --------------------- - - - - -- Ball impact against dome ( @15 feet) --------------- - -- 64 -------=------------- - - - - -- "Heater" vent ( @3 ft) --------------- - -- 75 Academy of the Holy Angels - Noise Assessment Page 5 While an exact prediction of sound level from activities within the dome is difficult, the following comments can be made: • No bleachers will be erected in the dome • Therefore any crowd noise would be lower than might be expected in summer with open bleachers • While any sound generated within the dome may be slightly higher than outdoors because of . the enclosure, sound outside of the dome will likely be somewhat lower than it would be outdoors because of the transmission loss of the dome material • No plans for loudspeakers are anticipated within the dome • Therefore sound levels are likely to be lower with the dome than without the dome • As noted above, netting should be used to prevent the impact of balls on the dome itself Sound from Loud Speakers The residents expressed concern that, since they could hear loud speakers from Richfield High School, this would be a greater problem with the new Holy Angels facility. Richfield High School is located approximately 2,400 feet south of Holy Angels. The location of speakers and level used at Richfield High School has not been determined. However, assuming that those speakers are 100 feet from the intended spectators and set to provide 85 dBA at a typical spectator, a sound level as high as 57 dBA might be perceived in the Holy Angels neighborhood. With a background sound level of 40 to 45 dBA, this sound would be clearly audible. If those speakers were placed only 50 feet from the audience, the level would fall to 51 dBA. If the speakers were properly directed at the spectators, the level could fall to 31 dBA or lower and may not be audible at that distance. Based upon the type of treatment of loud speakers discussed above, it can be seen that careful design of sound system at Holy Angels will be necessary to control the level at the adjacent 0 residential neighborhood. The audience will be approximately 350 feet from the residences. By Academy of the Holy Angels - Noise Assessment Page 6 0 /)-/ '02 placing the speakers no further than 50 feet from the bleachers and directing the sound at the spectator area only, the level at the nearest residences could probably be reduced with careful design to 40 dBA or less. Therefore, while the Richfield High School athletic area sound system may be audible, this is not directly relevant since careful design can greatly reduce sound levels off -site from public address systems. Whether the level can be reduced low enough to prevent intelligibility of the signal is uncertain, however, since speech may be understood even at very low levels. This will have to be determined during the design phase. holyang.rep 96030 Academy of the Holy Angels - Noise Assessment Page 7 �pE�IX of pvexhea� from OIL ib AP�119`�b Copy 0 I,ao 0 N Q � � N V 2 J 'O F' 2 Q� O J d � 7 a a goo s • v G V N N � � O CD '� N to D 0 C c .a 0 Q v Q _ 0 a� .0 O N RS V �+ N C 0 0 W 0 N N N ._ U Q• cC W _ 0 � v U O Z N 5 a :Z !a rtiti • - ;i.% -- Y � .mss.• • tfi+{�3`_�t � ��`` -"�! �. iYt� � i - ... — _ - '�s t-- Irk- lk AL s a.a ,jr 7 E 1 x i ^'� 1 s• r t 3 `, v> o IL it 11 II- �':r - j jo AL OF it AL Y G ~ •- Q Y i4 Tle Az low k 41 IL Jill Ir f ;k �.�r . '.t - �'� + ✓'"`�P � ,'�� , -rte ' � , • �, � Fy. � rt ! . � D .+ > r e' � .=s * a Y^ qq a ' � _ � � �' '• -' C ' }" ., „ 4 L yam. ,tC. '� '�. 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V = -220.8 ft. Z e +68.0 ft. Aim: EL = -15.0 AZ = +90.0 NOT - +0.0 Freq: 2000 Contour: -3 d8 • •.• ........... .... .•••. ....... _5 Beall Center: - -- ---------------- SPL - 70.5 dB C1W /iM) ; Distance = 361.6 ft Path time = 267.5 nSec . " Edge Points: p -7.3 dB re: center. p -4.7 d8 re: venter. d8 re: venter. i p -4.7 dB re: center. Boundary Surface No. i Created using AooustaCADD(TM) project = STADIUM r 16, 1996 at 15:36 One speaker directed across Field 'A Cp N 0 a N 0 4+ N LO N � X N o 0 0' O V N N 0 N — -a tyu N -N0 :3 00 N fl- N V � N co T . T O v co 3 ?� r- N N N tf! o 4 .0 o N V CO N 0 p N � � � � N � � N � � 0 CO N 0 fl- N m �►- , a N v m Z � r 'o Z • El w J Q U Ll N N O O U N .LZ O N O O C O Qi .Q co Q� L Q. N N N C O V N :a N m O Z3 N O O CIO c a) �L r. U • N .O O C 'Z3 N N N N N �7 O L CL cc E co N L Tai N E O E O L Q� N N cc O C U N L O N N 7+ .a C O ^^0 N W N O N L O N cc L N Q� L O M O C Gf _A O s U-1 LU oaC J I r �l r ,ea' -o" F N II� -:.at 1 �i I FENCEC� I ,Y'rS�. -�i^ �.��..•( \ I \,(. i y 1 Rry.vllt> ER � . of W 560E T8 at I M _ _ 7 / \ \ �\ �* I• tcr.l.n n C f c. �V`Si`�ri'�\ a � t. ^� r ♦ 1 "R �, Itf +� ^ � 09 uj �/ on`C x TO: Richfield City Council Members FROM: Heidi Gaibor ACADEMY OF THE HOLY ANGELS MEMQ1 RED, OM HEIDI GAIBT , ` "C"ZI U lt ► i , U JO gE RE: Proposed multi - purpose dome for Academy of the Holy Angels DATE: June 7, 1996 Being an alumna of Holy Angels, and an almost - life -long resident of Richfield, I have been interested to follow the process of Holy Angels' petition for an amended conditional use permit to construct a domed facility on their property. According to the information presented in the City of Richfield Planning Commission Action Request, and two meetings I attended, Holy Angels appears to be within its rights in constructing such a structure. However, the negative impact on the surrounding residential areas is something which hasn't been fully addressed by city officials, and something which I believe merits further, detailed consideration. As is brought out in the City of Richfield Planning Commission Action Request, there are concerns about light trespass and noise levels. The issue of lighting from the playing fields, with or without the dome in place, is probably minor for the residential neighbors, in comparison to what they will face (both literally and figuratively) throughout each and every night, with the security lights which "will be located around the perimeter of the dome "l. In the Noise Assessment prepared by David Braslau Associates, Inc., it is estimated that besides the 42 -50 decibels of background noise that the residents of the area normally experience, there would be continuous additional noise contributions of 40 decibels from the constant speed fan(s) (to keep the bubble inflated), and 40 -75 decibels more from the heater and its fan (to maintain the temperature within the bubble). With the heater and fan contributing approximately 30 decibels more than ambient noise, the total decibel range continuously thrust upon the ears of the neighbors would be equal to that of "a typical level of an overflying jet aircraft "Z, at 72 decibels. Keep in mind that this is continuous noise level for the six months that the dome is up. Given this base level, it is the recommendation of David Braslau Associates, Inc. that "No amplified sound should be used within the bubble "3. Added to the base -level noise which the surrounding residents would experience, would also be extra reflected sound from vehicles passing the structure. Now - I've noticed an interesting lack of congruence in what the factual report states as opposed to °30 Assuming reasonable hours for use of the facility, the 60 decibels from the public address system, used when the dome is down and games are being played, will be disruptive to neighbors, but at least not constant, as are the blower fans. But one difference of opinion lies in that. "reasonable hours" carries different significance for the different parties involved. For residents nearby the proposed field, "reasonable hours" is considered 8a.m. to 10p.m.. However, for Holy Angels' administrators, trying to schedule as many "selective rentals" as possible, "reasonable hours" means that "the facility is most generally expected to be open during the hours the school currently operates, approximately 6:00a.m. to 12 midnight "4. Now, as far as I know, being a high - school graduate myself (specifically from Holy Angels), and living in the same house in which I grew up, just three blocks from Richfield High School and two and a half blocks from Holy Angels, I've never heard of high schools operating until midnight. If that's when the night watchman goes home, that's one thing. But I don't think that Holy Angels' administrators and staff are occupying and "operating",-the building 18 hours a day, and neither should the neighbors be subjected to 18 hours of lights and loudspeaker activity until midnight (or even 11:00p.m., as was stipulated by the what the Planning Commission listed in its stipulations upon passing the motion to grant the petition: the Planning Commission stipulated in its approval that the maximum decibel output of the Holy Angels' facility may not surpass 40, although the Noise Assessment report clearly manifests that 75 decibels is the sound level that the fan /heater emits at the "comparable facility" of Augsburg College, and that only with "careful shielding of this equipment, the" sound level could be reduced ". Will Holy Angels be willing and able to pay additional costs for this shielding? If so, will the shielding installed meet.the 40- decibels stipulation required by the Planning Commission? The aforementioned describes the condition when the dome is up. The other condition is when the dome is-removed, and lightpole- mounted speakers are used for various athletic events to be held on the field(s). "The estimated level at the homes is 6,0 dBA without any additional shielding of the speakers. This assumes directional speakers that focus the energy towards the east and do not spill or waste sound energy behind the speakers." This, obviously, is more than 40 decibels. If the noise range were to brought into compliance with the ' - Planning Commission's stipulation, yet more funds would need to be sought by Holy Angels, to attempt to shield this type of noise, and to purchase special, "spill- free" speakers. Will Holy Angels be willing to take on the additional - financial responsibility? Is there such shielding available on-the market to reduce loudspeaker noise by 20 decibels? All of the above are questions which were not addressed either by Holy Angels or by the Planning Commission, before granting its approval of the plan. Assuming reasonable hours for use of the facility, the 60 decibels from the public address system, used when the dome is down and games are being played, will be disruptive to neighbors, but at least not constant, as are the blower fans. But one difference of opinion lies in that. "reasonable hours" carries different significance for the different parties involved. For residents nearby the proposed field, "reasonable hours" is considered 8a.m. to 10p.m.. However, for Holy Angels' administrators, trying to schedule as many "selective rentals" as possible, "reasonable hours" means that "the facility is most generally expected to be open during the hours the school currently operates, approximately 6:00a.m. to 12 midnight "4. Now, as far as I know, being a high - school graduate myself (specifically from Holy Angels), and living in the same house in which I grew up, just three blocks from Richfield High School and two and a half blocks from Holy Angels, I've never heard of high schools operating until midnight. If that's when the night watchman goes home, that's one thing. But I don't think that Holy Angels' administrators and staff are occupying and "operating",-the building 18 hours a day, and neither should the neighbors be subjected to 18 hours of lights and loudspeaker activity until midnight (or even 11:00p.m., as was stipulated by the • • Planning Commission) every day. This brings me to another point- spokespeople for Holy Angels state that "the dome is crucial to the future life of the school "5, and that this facility will "directly and dramatically affect its ability to attract students "6. The school, rather than describing itself as an educational institution, declares that it "is currently a $3,50d',000 business "7. Besides fundraising, this capital investment will be paid for by "selective rentals "8. It sounds to me, that rather than using this facility to help "educate the whole child ",5 the plan is to use it as a marketing and fundraising tool, with which athletes can be recruited. Contrary to Holy Angels' assertion that the structure "will measurably assist in the development and education of Richfield youth "9, an interesting fact that surfaced in discussions is that'-fewer than 10% of Holy Angels' families are Richfield residents. In its comparison charts with other "Metropolitan Area Domes "10, the closest that Holy Angels could come to making a direct comparison with its plan, is a dome located on a college campus that is on an interstate freeway. And even that dome is smaller than the one planned by Holy Angels. Apparently, no other high school (public or private) feels the need to "educate the whole child" and be "competitive with other private schools in the Twin Cities "11 by building a 65' -high dome in a residential neighborhood. In the Hearing Examiner Action Request of 3/26/96, it is stated that "there is undue hardship which denies the Academy of the Holy Angels reasonable use of property during inclement weather ". The simple fact is that every high school is subject to the same "undue hardship ". That's part of living in Minnesota! Holy Angels also mentions that it doesn't have as much phy. ed. or athletics practice space as Richfield High School. Is Holy Angels (or the City's representatives) aware that their student body is only half the size of that of Richfield High School? Richfield High School makes full use of its indoor and outdoor facilities for phy. ed. classes and sports teams, and when there is no room at the high school for practices, the teams use other schools' facilities (both indoor and outdoor) in the district, and a city park. Of course, Richfield public schools don't attempt to play soccer or softball outdoors during the winter, but then, those aren't high - school winter sports here, in Minnesota. It's true, sometimes it happens that a track meet or soccer game must be played in the rain or cold or wind; but there, again, that's part of the expectation when one signs up for an outdoor sport. Holy Angels has two gymnasiums, their own practice field, and the use of St. Peter's athletic field, Richfield High School's stadium, city parks, and other Richfield Catholic schools' gyms. Somehow, all the other high schools in the area seem tn aet along without a domed. artificial -turf sports field, ")-3D / —3� which lends additional credence to the idea that the motive for the new facility is not educational in nature, but rather, to be used as an attraction and revenue - gathering tool. Is the City willing to grant variances to every entity that wishes to search for additional income? According to the facts, there is "no compelling evidence "12 that Holy Angels faces any more "undue hardship" than any other high school in the State; therefore, this is an invalid basis on which to petition for a variance. While entertaining the petition, I hope that the City Council makes special note of Question 8 in Holy Angels' Hearing Examiner Testimony. In it, the administration alludes to the fact that it plans "the later addition of sports courts ". This point was never addressed by the Planning Commission, nor was clarification asked for by them. Is the City going to leave this project open for endless expansion? As an observer of the process, I noticed that the residents living near the proposed project were repeatedly reminded by the Planning Commission members that they (the neighbors) had "no compelling evidence" to support their position; yet, it is obvious by reading the compilation of documents entitled City of Richfield Planning Commission Action Request, that in arriving at a decision, the Planning Commission either neglected, or simply chose to ignore the facts that were presented to them, as the recommending body for the City. As a Richfield resident, I would hope that the City Council takes more care to make an informed decision - one based on the consideration of i&U the evidence involved. 1. "City of Richfield Planning Commission Action Request" - Analysis section. 2. "City of Richfield Planning Commission Action Request" - Noise Assessment, p.3 3. "City of Richfield Planning Commission Action Request" - Noise Assessment, p.4 4. "City of Richfield Planning Commission Action Request" - Hearing Examiner Testimony, Q.17 5. Mediation Meeting (which actually became and Informational Meeting), May 7, 1996 6. "City of Richfield Planning Commission Action Request" - Hearing Examiner Testimony, Q. 3 7. "City of Richfield Planning Commission Action Request" - Hearing Examiner Testimony, Q. 22 8. "City of Richfield Planning Commission Action Request" - Hearing Examiner Testimony, Q. 11 9. "City of Richfield Planning Commission Action Request" - Hearing Examiner Testimony, Q. 23 14. "City of Richfield Planning Commission Action Request" - Attachment E 11. "Richfield Sun - Current ", 6/5/96, pp. 1 & 8 12. A favored phrase of the Planning Commission during their May 28, 1996 public hearing. ACADEMY OF THE HOLY ANGELS RESPONSE TO HEIDI GAIBOR FROM DAVID BRASLAU david braslau associates, incorporated 7 -3 q 1313 5th street s.e. • suite 322 • minneepolis, mn 55414 telephone: 612 -331 -4571 • fax: 612-331-4572 13 June 1996 MEMORANDUM TO: Bruce Palmborg FROM: David Braslau RE: Holy Angels Sports Area - Noise Issues raised by Heidi Gaibor The purpose of this memorandum is to clarify statements contained in the Noise Assessment of the Proposed Athletic Facility and Inflatable Air Structure of 3 May 1996 and to respond to issues raised by Heidi Gaibor in her Memorandum of 7 June 1996. Issue: There will be continuous noise of 40 decibels from fans. Response: With relocation of the dome further to the east and appropriate structural shielding, levels could be lower than 25 decibels. The statement in my report indicated that noise from the fans will be a maximum of 40 dBA (A- weighted decibels). This was based upon an estimated fan level of 65 decibels at 3 feet. With relocation of the dome 70' further east away from the residences, and because of the decay of sound with distance, the theoretically predicted level at the nearest residences (approximately 400 feet from the equipment) would be 25 dBA. No detailed design information is available to permit a more accurate determination of sound level at the nearest residences. Issue: An additional 75 decibels are due to the heater and its fan. Response: With relocation of the dome further to the east, and because of the decay of sound with distance, the 75 dBA level at 3 feet would drop to 35 dBA at the nearest residence and could be lower if properly shielded The report stated: "While a sound level of 65 dBA was reported for this source prior to the meeting, a level of 75 dBA was observed at the Augsburg bubble." As noted above, the 65 dBA level was measured at 3 feet from the fan. The 75 dBA level was also measured at 3 feet from the heater vent at the Augsburg site (see table on page 5 of my report) but was not clearly referenced in the report. Without this reference in the report to distance of measurement, Ms. Gaibor's concern is understandable. Bruce Palmborg (re Holy Angels) 13 June 1996 Page 2 -� Issue: With these sources contributing 30 decibels more than ambient noise, the noise level would be near 72 decibels Response: The overall sound level with a fan level of 25 decibels and a heater /fan level of 35 decibels is still 35 decibels, not 72 decibels as suggested by Ms. Gaibor. The "decibel" sum of the predicted unshielded sound levels from the fan (25 dBA) and the heater /fan (35 dBA) is still 35 dBA since a sound level which is 10 dBA lower that the loudest level does not affect the overall sound level. Thus with both the dome inflation fan and heater running simultaneously (which will only occur in the colder months), the sound level will still be 35 dBA or lower at the nearest residences with appropriate shielding. Issue: Sound will be reflected from vehicles passing the structure. Response: Sound from passing vehicles will be reflected upward and away from the residential area. As can be seen on Attachment 1, reflections of sound from ground level activities or vehicles will be reflected upward by the curvature of the dome. This would not occur if the structure had vertical walls such as a building. Issue: There is an interesting lack of congruence in what the factual report states as opposed to what the Planning Commission listed in its stipulations upon passing the motion to grant the petition that the maximum level not surpass 40 decibels. Response: As noted above, the levels contained in the report are consistent with the 40 decibel limit although this was not clear because of the lack of a reference distance. As noted above, omission of a reference distance in the report led Ms.Gaibor to understand that the sound level would be 75 dBA at the nearest residence. However, this was the level measured at 3 feet from the source. Also noted above, the predicted (unshielded) sound level is estimated at 35 dBA at the nearest residences. Appropriate design should ensure that the level will not surpass 40 dBA and will likely be lower. • Bruce Palmborg (re Holy Angels) // 13 June 1996 -%'" to Page 3 Issue: The estimated level of speakers is 60 decibels without shielding. This is obviously more than 40 decibels. Response: The 60 decibel level in the report assumed speakers on the west side of the field which is not the most efficient location for such speakers. The report stated: "With speakers mounted on light poles on the west side of the playing field, but pointed towards the east to cover the bleachers, the estimated level at the homes is 60 dBA without any additional shielding of the speakers. This assumes directional speakers that focus the energy towards the east and do not spill or waste sound energy behind the speakers. With structural shielding of the speaker, a level of 45 dBA is expected at the residential neighborhood." Placement of speakers on the west side of the playing field would not be an efficient design. Speakers on poles closer to the bleachers will require less sound power and therefore reduce off -site sound levels. The estimates of sound level contained in the report are very preliminary since no sound system design has been prepared. With current speaker technology it is possible to provide adequate coverage of the intended audience without a large amount of spillover. • Issue: Will Holy Angels be prepared to install an appropriate sounds stem? Y Can speakers be shielded by 20 decibels? Response: With the field moved further east and an appropriately designed sound system located on the east side of the field, the 40 decibel limit at the nearest residences should be achievable. A limit of 40 dBA has been established as a maximum speaker sound level at the nearest residence. Our previous experience at the Hopkins High School stadium, for example, with a much larger spectator area demonstrated that a sound system can be designed to minimize off -site levels. We worked closely with Lundgren Brothers Construction who was developing the adjacent neighborhood and Hopkins High School to achieve a design level of 65 dBA at the residential area. The sound system was designed and installed by MTS Northwest Sound who has extensive experience in meeting sound limits on outdoor systems (including the new Lake Harriett Bandshell). While 40 dBA is a stringent requirement, this should be achievable through careful design of the sound system. n LJ Bruce Palmborg (re Holy Angels) 13 June 1996 Page 4 Issue: Reasonable hours are 8 -10 pm according to the neighborhood Reasonable hours according to Holy Angels is 6 am to 12 midnight. Neighbors don't want light and loudspeaker activity'18 hours per day until midnight or even 11 pm. Response: Use of a sound system anywhere on the athletic area between the hours of 10 pm and 7 am should be prohibited. While the issue of operating hours is not directly a noise issue, it should be noted that 10 pm to 7 am is considered the nighttime period by the Minnesota Pollution Control Agency for which ambient noise standards are more stringent. Strict noise control regulations should be placed on any activities taking place during this time period, i.e. use of a sound system anywhere on the athletic area during this time period should be prohibited. 0 gaibor.res 96020 • • • 0 ACADEMY OF THE HOLY ANGELS METROPOLITAN AREA DOMES INFORMATION ON METROPOLITAN AREA DOMES FACILITY: Augsburg College ADDRESS: 2211 Riverside Avenue, Minneapolis CONTACT: Bill Traut of Kraus Anderson. AREA: Mix of residential, commercial, medical, & educational. SIZE: This dome is 368'8" long by 214'8" wide and it is 60' to 65' high. MATERIAL: Constructed of vinyl coated polyester. MISCELLANEOUS: This dome is the same style as the proposed Holy Angels dome. The only difference is that the Holy Angels dome will be 6 feet longer. Augsburg's dome is seasonal and it has already been taken down for the summer. FACILITY: Bielenberg Sports Center ADDRESS: 4125 Tower Drive, Woodbury CONTACT: Dave Black, Manager of the Bielenberg Sports Center. AREA: Located in the middle of a park that is surrounded by farm land. SIZE: This dome is 270' long by 180' wide and it is 55' high. MATERIAL: Constructed of a polyvinyl coated fabric. FACILITY: Decathlon Club ADDRESS: 1700 East 79th Street, Bloomington CONTACT: Dave, Head Engineer of the Decathlon Club. AREA: Commercial SIZE: This dome is 320' long by 120' wide and it is 33' high. MATERIAL: Constructed of tedlar coated reinforced plastic. MISCELLANEOUS: The dome has been taken down for repairs. FACILITY: Nicollet Tennis Center ADDRESS: 4005 Nicollet Avenue South, Minneapolis CONTACT: Mike Vidar, Manager of the Nicollet Tennis Center. AREA: Residential SIZE: There are two domes.They are both 308' long by 124' wide and they are 40' high. MATERIAL: Constructed of high strength polyester. Coated on both sides with polyvinyl chloride. Page 1 6 -24 -96 CITY OF RICHFIELD, MINNESOTA Council Letter No. 195 Agenda June 24, 1996 Issue Statement: Public hearing and consideration of an appeal to the Board of Adjustment and Appeals regarding variances granted by the Hearing Examiner to the Academy of the Holy Angels, 6600 Nicollet Avenue, to allow construction of an athletic field and seasonal sports facility. Background: The Academy of the Holy Angels has applied for an amended conditional use permit and variances to do the following: convert their existing athletic practice field to artificial turf, cover it with an air supported dome during the winter season, and surround the dome with a 10 foot high security fence. Specifically, the applicant requested a variance to allow a 60 foot high accessory structure where the maximum height is 15 feet and a 10 foot high fence where the maximum height is 6 feet. The Hearing Examiner conducted a public hearing on the variance request on March 26, 1996 prior to the Planning Commission hearing on the conditional use permit. At both hearings, several neighbors expressed concern about the project. The Planning Commission recommended that Holy Angels and the neighbors try mediation to work through the issues. The Hearing Examiner agreed to delay the decision and keep the • record open in the event that mediation would result in changes to the proposal. The parties were unable to come to an agreement through mediation. However, in response to the neighbors' concerns, Holy Angels explored several alternative locations for the dome. They decided to pursue the alternative that moves the dome 70 feet to the east. In addition, they modified the landscape plan to increase the number and height of trees to be planted along the west property line. Information regarding the new location was. submitted to the Hearing Examiner by staff. Holy Angels and the neighbors (those within 350 feet of the property plus any additional residents who attended mediation) were informed in a letter dated May 13, 1996 that the variance record would remain open until May 21, 1996. Both parties were allowed to submit additional information to the Hearing Examiner. Both parties were informed that they could view the information submitted to the Hearing Examiner by staff as well as the information submitted by either party. Under the 1995 zoning ordinance, athletic fields are required to have a 40 foot setback from all property lines. The practice field is considered legally non - conforming and not required to meet the setback requirement. In the new location, the dome would no longer be constructed over the existing practice field so an additional setback variance of 28 feet from the south property line was required for the field itself (St. Peter's Church and school is adjacent to the south). In addition, the applicant confirmed that the height of the dome at the very center was closer to 65 feet than 60 feet. ��l The Hearing Examiner granted the variances on May 28, 1996 with the following IS stipulations: 1. That the City Council approve an amended conditional use permit. 2. That a landscape escrow be submitted. 3. That the structure meet the Uniform Building and Fire Codes and be inflated no more than 180 days in a given year. 4. That a lighting plan be submitted to and approved by the Community Development Director based on a review of the specifications by an electrical engineer that indicates minimal intrusion on adjacent properties. 5. That a plan for the speaker system be submitted to and approved by the Community Development Director based on a review of the specifications by Dr. David Braslau that indicates minimal intrusion on adjacent properties. 6. That netting be erected inside the dome for practice purposes to prevent the impact of balls on the walls of structure. Two residents, on behalf of a group of residents, filed an appeal of the Hearing Examiner's May 28, 1996 decision with the Community Development Director on June 3, 1996 • (attached). Recommended Motion: Deny the request for an appeal of the variances granted by the Hearing Examiner on May 28, 1996 to the Academy of the Holy Angels, 6600 Nicollet Avenue, to allow construction of an athletic field and seasonal sports facility. Basis of Recommendation: 1. The Hearing Examiner found that there is an undue hardship that denies the applicant reasonable use of the property. Athletic facilities are a reasonable use of a school property, and the Academy of Holy Angels does not currently have adequate facilities. A school is an allowable use in a residential zone and needs to have some latitude to pursue additions which will benefit the school. 2. The Hearing Examiner found that there are unique circumstances related to the property. In order to accommodate athletic activities, the structure must have a height of 65 feet. The length and width of the building determines the height, which cannot be altered according to the manufacturer. The fence height is required to provide protection for the structure. A steep grade at the northern portion of the property limits the distance the structure can be placed from the southern property line. 3. The Hearing Examiner found that granting of the variances would not alter the character of the neighborhood. The school, which is a large building, and its activities have occupied the site for many years. Although in a residential zone, the site is bordered on only one side by houses. The setback from the west border, which is nearest the residences, is larger than the 40 feet required. The south side setback borders on the St. Peter's Church property, which will not cause any hardship. 4. The Hearing Examiner expressed concern with the removal of 39 mature trees. Holy Angels is planting 50 evergreen trees along the west property line to act as a buffer and to replace the lost trees. They have also agreed to plant additional deciduous trees over a period of time. 5. The dome is a temporary structure and can be inflated for a maximum of 180 days per year. 6. The lighting and speaker system for the athletic field will be designed to minimize intrusion into the neighborhood. 7. A significant buffer of 14 foot tall evergreens will be planted along the west property line to screen and separate the school's activities from the neighborhood. 8. Fences taller than six feet have been constructed in parks and on public school property for uses such as tennis courts and ball fields. Parks and public schools are located in residential districts. 9. The Council could determine that the dome is a principal rather than an accessory building, in which case the height of the structure could be as much as 75 feet. At this height, the setback from each property line would have to be 53 feet. The dome meets this requirement from the west property line. The setback from the south property line would be only 28 feet, however, there are additional athletic fields to the south which would not be impacted by the reduced setback. 10. Notice of the hearing was published in the Sun - Current and mailed to property owners within 350 feet of the subject property. Alternative Recommendation: Approve the request for an appeal and reverse the decision of the Hearing Examiner. Discussion /Decision Mode: A public hearing is scheduled for 7:00 p.m. on Monday, June 24, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, Jame . Prosser City M ager JDP:ds i i H Q Y cc O Z� ll��✓ '3AV 1130SIVIS •3AV HIHOM1N3M •3AV ,wnssiiid lie ME 14. E 7; m-- - a z =2 0 20- H Q Y cc O Z� ll��✓ '3AV 1130SIVIS •3AV HIHOM1N3M •3AV ,wnssiiid lie ME =11 •3nv al3idav� _ " --- -�+ MW // ME t � • I• � 0 _ � t - J zz V s� ana o F V Y 1�F o Y IL �lw a (n cc ul x s: IL �-tp 0 r1ypy ELEVA710N C SPORTS FACILITY meswr rr.wm aue�eu • 0 • 6-7 SA YEFY Save a Valued Environment in Richfield May 31, 1996 Board of Adjustment and Appeals c/o Bruce Palmborg, Community Development Director City of Richfield, 6700 Portland Ave. S. Richfield, MN 55423 Dear Board Members: This letter appeals Variance Decision, Case No. 96 —V -2, Academy of the Holy Angels, rendered by Hearing Examiner Connie Murray on May 28, 1996. We request that the variance be denied on the basis that, if granted, construction of this massive structure would irreversibly alter the character of this residential neighborhood; introduce a visual nuisance; reduce solar access to properties on Pleasant Avenue; introduce excessive late - night noise and light problems; increase traffic on residential 68th Street, which already has excessive use, and on Pleasant Avenue, which is a sub- standard 20' width street; increase existing drainage problems in the areas adjacent to the St. Peter's parking lot; and set a detrimental precedent for the use of temporary- inflated structures in the city. These negative impacts provide cause to deny the variance per Zoning Code 546.09 a) (iii). The variance to allow a 65400t structure in a residential zone is more than twice the maximum height of 30 feet allowed for principal buildings and more than four times the 15 -feet height allowed for an accessory building. The variance requested far exceeds a minimum variance which would alleviate undue hardship, thus failing to meet the requirement for granting a variance stipulated in Zoning Code 546.09 a) (iv). Enforcement of this code would not cause undue hardship on the applicant since improvement of the field for use as an outdoor athletic field satisfies the primary need of the applicant, provides equivalent function without variance for the 185 days of the year when the proposed dome is to be removed and does not alter the character of the neighborhood. Other uses of the facility during the 180 days of each year that the dome is inflated constitute extensions of normal playing seasons for some sports and newly created uses, many intended solely to generate revenues. The applicant has testified that the dome is intended to generate funds to support improvement of the athletic facility. Zoning code 546.09 a) (i) stipulates that economic considerations alone shall NOT constitute an undue hardship. Associated variance to height of fence from six feet to 10 feet and variance to setbacks should also be denied for the reasons stated above. Additions and extensions to the Public Notice published in the Sun- Current newspaper are �1 l_ _J • • MEOV Page 2 Board of Adjustment and Appeals further cause for denying the requested variance. The Public Notice did not mention that setback variances were being requested and stated that the maximum height would be 60 feet. The addition of a variance to the setback codes, and the increase from 60 to 65 feet after the close of the March 26, 1996 hearing on the variance, failed to provide full and open disclosure to the citizens. Testimony of those attending the variance hearing was impacted by incomplete disclosure. Failure to fully disclose the requested variances in the Public Notice may have kept other interested parties from attending the variance hearing. We respectfully request that you reverse the decision of the hearing examiner and deny the requested variances. Sincerely, Burton Miller Co- Chair, SAVER 6712 Pleasant Ave. S. Richfield MN 55423 James Vargo Co- Chair, SAVER 6630 Pleasant Ave. S. Richfield 'MN 55423 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 194 Agenda June 24, 1996 Issue Statement: Acceptance of the 1996 League of Minnesota Cities City Achievement Award for Technology. Background: Richfield's approach to its wastewater collection was recognized by the League of Minnesota Cities (LMC) which selected Richfield as winner of the 1996 LMC City Achievement Award for Technology. An aggressive, preventive maintenance approach reduces backups in City mains. In addition, Richfield offers a television diagnotics and a root controlling foam process to homeowners on a break -even cost basis. Richfield attempts to provide collection of wastewater from the community with minimal inconvenience to residents while providing a competitive alternative to the private sector for preventive maintenance and repairs. This is accomplished by: • televising approximately 120,000 feet of pipe line each year looking for trouble areas; •• televising 30 sewer services upon request, on a break -even financial basis; • sliplining 4,000 feet of sanitary sewer line; and • vapor- rooting 50 sewer services. Taking a proactive approach has reduced sewer backups, decreased money spent on attorney fees, and provided a more stable and reliable sewer system for the City of Richfield. Recommended Motion: Accept the 1996 League of Minnesota Cities City Achievement Award for Technology. Basis of Recommendation: Richfield is prolonging the life of its sewer system infrastructure and, due to the success of the televising and foaming program, has purchased similar equipment to perform the task for property owners. This innovative aspect of Richfield's wastewater maintenance program provides a customer service that gives residents the option of low -cost servicing without disruptive excavating as a competitive service alternative. • 3-/ Discussion /Decision Mode: City Engineer Michael Eastling will be in attendance to provide any information requested about the Wastewater Division's goals and operations or about the award. This item is scheduled for the June 24, 1996 Council meeting. Respectfully submitted, Jams . Prosser City anager JDP:ds • 9 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 193 Agenda June 24, 1996 Issue Statement: Presentation of Certificates of Appreciation to the 1996 -97 Miss Richfield Ambassador candidates. Background: Each year a young lady is selected as the Miss Richfield Ambassador during the Fourth of July activities. This year, there are nine candidates. The coronation will be held at Richfield High School at 7 p.m. on July 5, 1996. Recommended Motion: Present each candidate with a Certificate of Appreciation. Basis of Recommendation: 1. This has been a long- standing tradition. 2. The candidates will be present to receive the certificates. 0 Alternative Recommendation: None. Discussion /Decision Mode: This item has been placed on the June 24 agenda and the certificates have been prepared. Respec Ily submitted, Ja e . Prosser City anager JDP:ds a/ • MISS RICHFIELD AMBASSADOR CANDIDATES 1996 -1997 MISSY ANDERSON Missy is a 1996 graduate of Richfield High School where she participated in volleyball, softball and many other intramural sports. She plans to attend the Minnesota School of Business and eventually attain a degree in Sports Medicine. In her spare time, Missy enjoys spending time with her family, being with her friends and working. Missy is sponsored by the HUB Shopping Center Association. JODY ESKEW Jody is a 1996 graduate of the Academy of Holy Angels and plans to attend the University of St. Thomas to earn a degree in Child Psychology and Development. While at Holy Angels, Jody was involved with danceline, theater, softball and track. She also enjoys outdoor activities and spending time with family and friends. Her parents are Thomas and Vicki Eskew. Jody is sponsored by the Richfield Chamber of Commerce. • JODI FLANERY Jodi is a 1996 graduate of Richfield High School where she was actively involved in Tapaires, choir, musicals, broomball as well as many other activities. She plans to attend the University of Minnesota, Duluth in the fall and pursue a career in nursing. In her spare time, Jodi enjoys water skiing and jet skiing at her cabin. Her parents are Tim and CeCe Flanery. Jodi is sponsored by Infiniti of Bloomington. =1:1:1 on Will Debbie is a 1996 graduate of Richfield High School and will attend the Inver Hills Community College to pursue a degree in law enforcement. While at Richfield, she participated in junior and varsity cheerleading and gymnastics. She enjoys spending time with her nieces and nephews and playing softball in her spare time. Her parents are David and Kathy Healy. Debbie is sponsored by Richfield Bank and Trust. MOLLY MCVAY Molly is a 1996 graduate of Richfield High School where she participated in Tapaires, choir, student government and many other activities. She plans to attend the University of Minnesota, Duluth in the fall to pursue a degree in Communications and Theater. In her free time, she enjoys being involved with church activities, singing and dancing. 40 Her parents are Julie and Kevin McVay. Molly is sponsored by the Hampton Inn. a ' d., • JAMIE PATTERSON Jamie graduated from the Academy of Holy Angels in 1996 and will be attending the University of Kansas to pursue a career in journalism. While at Holy Angels, she participated in Danceline, speech, theater, and track as well as campus ministry activities. Jamie enjoys rollerblading and reading when she has spare time. Her parents are Jim and Landi Patterson. Jamie is sponsored by Lyndale Richfield Dairy Queen. KELLIE SEIFERT Kellie graduated from Richfield High School in 1996 and is planning to attend Normandale Community College to study TV Broadcasting and journalism. She participated in theatrical productions while at Richfield and enjoyed being on the speech team. When she has free time, she enjoys reading and writing as well as watching Classic Comedies. Her parents are Ronald and Kathleen Seifert. Kellie is sponsored by the Optimist Club of Richfield. MARIA WIGCHERS Maria graduated from Richfield High School in 1994 and is attending the University of St. Thomas in St. Paul. She is pursuing a career in Broadcast Journalism and would • like to be the host of Entertainment Tonight someday. While at Richfield, she was involved with the Spartan Spotlite, band, Tapaires and National Honor Society and other activities. Her hobbies include rollerblading, writing, biking and traveling. Her mother is Virginia Wigchers, Maria is sponsored by the Fred Babcock VFW Post 5555. ALLISON WISTE Allison will graduate from Richfield High School in 1997. Currently, she is involved with synchronized swimming, the swim team, and the cross country ski team. Allison is planning to pursue a degree in biology and hopes to become a college professor specializing in animal behavior. In her free time, she enjoys horseback riding, rollerblading and running. Her parents are Linda Hughes and Stephen Wiste. Allison is sponsored by B &D Convenience Plus. l_J a -3 • MISS RICHFIELD AMBASSADOR ROYALTY 1995 -1996 Reigning over Richfield's 17th Annual Fourth of July celebration are 1996 Miss Richfield Ambassador Queen Jennifer Reher and Ambassador Princess Heather Eidsmo. The Ambassadors have spent the past year representing Richfield at many events and festivals around the state. JENNIFER REHER Jennifer will be a senior at the University of Minnesota -Twin Cities next fall where she is majoring in Broadcast Journalism and Advertising. In her spare time, she enjoys spending time with family and friends and volunteering with several organizations. Jennifer's parents are Jack and Judy Reher. HEATHER EIDSMO In the fall, Heather will be returning to Mankato State University as a sophomore, where she is studying to become an elementary school teacher. She enjoys spending time with family and friends and being actively involved in many organizations at school. Heather's parents are Dave and Jan Eidsmo. CITY OF RICHFIELD, MINNESOTA Council Letter No. 192 Agenda June 24, 1996 Issue Statement: Presentation of the Gene and Mary Jacobsen Outstanding Citizen award to Patrick "Pat" Kiehl Background: The Richfield Human Rights Commission has selected a Citizen of the Year award recipient since 1971. The award has been presented to a person or organization whose actions demonstrate an awareness and commitment to the attitudes and practices that foster human understanding, tolerance and the spirit of human relations. After careful deliberations, the Human Rights Commission has decided to present the Gene and Mary Jacobsen Outstanding Citizen Award for the year 1995 to Patrick "Pat" Kiehl. Mr. Kiehl has served in various capacities from ushering and serving mass at St. Peter's Church to umpiring "T- ball" games and running the time clock at the Richfield Ice Arena during hockey games. He is a familiar figure around Richfield and known for his attitude and dependability. Recommended Motion: The City Council, in cooperation with the Human Rights Commission, should present the award to Patrick Kiehl. Basis of Recommendation: 1. The Human Rights Commission has met to review nominations and has discussed the presentation of this award for 1995. 2. Based upon that discussion, Patrick Kiehl was selected as the 1995 award recipient. 3. Patrick Kiehl has demonstrated a long -term commitment to the community and its activities. He has volunteered for many programs and shown his willingness to do any job completely and to the best of his abilities. He attacks each job with enthusiasm and perseverance, impressing others with his kindness and sensitivity while being punctual and dependable. Discussion/Decision Mode: This presentation has been placed on the June 24, 1996 City Council agenda. A reception for Mr. Kiehl, his family and friends will be held in the Public Safety lobby area at 6:30 p.m., prior to the Council meeting. Respe submitted, James Prosser City Manager JDP:ds CITY OF RICHFIELD MONDAY, JUNE 24, 1996 SPECIAL CITY COUNCIL MEETING CLOSED EXECUTIVE SESSION 6:00 P.M. LOBBY CONFERENCE ROOM NO. 1 RICHFIELD CITY HALL 6700 PORTLAND AVENUE THE MEETING IS CLOSED TO THE PUBLIC CALL TO ORDER ROLL CALL W-1 I. MEETING WITH PIERRE (PETE) N. REGNIER OF JARDINE, LOGAN & O'BRIEN, ATTORNEY REPRESENTING THE CITY OF RICHFIELD IN THE MATTER OF PETSMART, INC. AND A CARING DOCTOR (MINNESOTA) P.A. VERSUS CITY OF RICHFIELD, TO DISCUSS PENDING LITIGATION ADJOURNMENT •