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8-26-96 agendaCITY OF RICHFIELD, MINNESOTA • MONDAY, AUGUST 26, 1996 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 12, 1996 PRESENTATIONS 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR REPLACEMENT PLAY EQUIPMENT AT ROOSEVELT PARK FROM ST. CROIX RECREATION CO., INC. IN AMOUNT OF $57,916 C.L. 266 B. CONSIDERATION OF APPROVAL OF ITINERANT PLACE OF AMUSEMENT LICENSE AND FEE WAIVER FOR CHURCH OF ST. PETER, 6730 NICOLLET . AVENUE, 1996 FALL FESTIVAL ON AUGUST 5 AND 6, 1996 C.L. 267 C. CONSIDERATION OF APPROVAL OF COMMUNITY CELEBRATION EVENT LICENSE AND FEE WAIVER FOR RICHFIELD CATTAIL DAYS EVENTS ON SEPTEMBER 21 AND 22, 1996 C.L. 268 D. CONSIDERATION OF APPROVAL OF RENEWAL OF COMMERCIAL KENNEL LICENSES: • WOODLAKE VETERINARY HOSPITAL, 6436 LYNDALE AVENUE C.L. 269 • ANIMAL CARE CLINIC, 6521 CEDAR AVENUE C.L. 270 • ELAINE'S GROOMING, 7429 HUMBOLDT AVENUE C.L. 271 E. CONSIDERATION OF APPROVAL OF RENEWAL OF RESIDENTIAL KENNEL LICENSE: • 6830 COLUMBUS AVENUE; THREE DOGS C.L. 272 PUBLIC HEARINGS 4. PUBLIC HEARING TO APPEAL BOARD OF ADJUSTMENT AND APPEALS OF DECISION MADE BY COMMUNITY DEVELOPMENT DIRECTOR THAT USE OF BUILDING AT 6722 PENN AVENUE FOR MOTORCYCLE REPAIR IS CHANGE IN USE FROM PREVIOUS USE FOR SMALL ENGINE REPAIR COUNCIL LETTER NO. 273 5. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE VACATING PORTION OF WEST 77-1/2 STREET COUNCIL LETTER NO. 274 6. CONTINUATION OF PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING 77TH STREET PROJECT AREA FOR CURRENT MAINTENANCE SERVICES FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1997, CITY PROJECT 922 COUNCIL LETTER NO. 275 7. PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING LYNDALE/HUB/NICOLLET AREA FOR CURRENT MAINTENANCE SERVICES FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1997, PROPOSED CITY PROJECT 923 COUNCIL LETTER NO. 276 8. PUBLIC HEARING TO CONSIDER SPECIALLY ASSESSING CURRENT MAINTENANCE SERVICES FOR CITY ALLEYS FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1997, PROPOSED CITY PROJECT 924 COUNCIL LETTER NO. 277 9. CONTINUATION OF PUBLIC HEARING REGARDING ADOPTION OF SPECIAL ASSESSMENT ROLL FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1995 • COUNCIL LETTER NO. 278 10. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 900, L/H/N MAINTENANCE FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1995 COUNCIL LETTER NO. 279 11. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 901, 77TH STREET MAINTENANCE FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1995 COUNCIL LETTER NO. 280 12. PUBLIC HEARING TO ADOPT SPECIAL ASSESSMENT ROLL FOR CITY PROJECT NO. 902, 1995 ALLEY MAINTENANCE FOR PERIOD JANUARY 1 THROUGH DECEMBER 31, 1995 COUNCIL LETTER NO. 281 RESOLUTION 13. CONSIDERATION OF RESOLUTION ADOPTING PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES COUNCIL LETTER NO. 282 • ADMINISTRATIVE REPORTS AND OTHER BUSINESS 14. CONSIDERATION OF CONDUCTING CITY COUNCIL STUDY SESSION ON SEPTEMBER 3, 1996 COUNCIL LETTER NO. 283 AIRPORT BUSINESS 15. AIRPORT STATUS REPORT CORRESPONDENCE 16. LEGISLATIVE REPORT COUNCIL CHOICE 17. COUNCIL DISCUSSION ITEMS 18. CLAIMS AND PAYROLLS 0 19. 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. CITY OF RICHFIELD, MINNESOTA Council Letter No. 283 Agenda August 26, 1996 Issue Statement: Consideration of conducting a City Council Study Session on September 3, 1996. Background: The City Council regularly conducts a Study Session on the first Monday of each month. The first Monday in September is the Labor Day holiday. The Study Session could be rescheduled to Tuesday, September 3. However, any business can be carried over to the October 7 Study Session. Recommended Motion: Cancel the City Council Study Session regularly scheduled for September 2, do not reschedule the meeting to September 3 and carry any business over to the October 7 Study Session. Basis of Recommendation: 1. September 2 is the Labor Day holiday. 2. The meeting could be rescheduled to September 3 but any business can be . carried over to the October 7 Study Session. 3. The holiday may cause a problem with a quorum for the Council. Alternative Recommendation: 1. Conduct the September Study Session on Tuesday, September 3. 2. Reschedule the Study Session to a date other than the one recommended. Discussion/Decision Mode: This item has been placed on the August 26, 1996 City Council agenda so proper notification can be made. submitted, ReYe osser Ja Citr JDP:cak 0 i3 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 282 Agenda August 26, 1996 Issue Statement: Consideration of resolution adopting Private Activity Tax Exempt Financing Guidelines. Background: Under Minnesota statutes, cities may issue certain types of bonds for private activities which may be of benefit to the City. The City considers requests for tax exempt financing subject to the provisions of law and any municipal guidelines in place. However, City approval of tax exempt financing is a privilege not a right which may be extended to eligible applicants. Tax exempt financing is used on a selective basis to encourage certain types of development that offer a benefit to the City as a whole, including significant employment and housing opportunities. In instances where an applicant approaches a City for approval of private activity tax exempt financing, it is the applicant's obligation to demonstrate the benefit of such project to the City, both in writing and at a public hearing. The applicant should also understand that although approval may be granted by the City for the issuance of financing for a similar project or a similar debt structure, • that would not be the basis upon which approval would be granted. Instead, each applicant for private activity tax exempt financing must be judged on the merits of the project as it relates to the public purposes of the Housing Act or the IDR Act and the benefits to the City at the time of the request for financing. Providing tax exempt financing may be a significant benefit to any particular activity being financed. In addition, the consideration by the City for tax exempt financing involves a significant amount of administrative activity. Thus, in consideration of the benefit to the applicant of a tax exempt financing tool, the potential benefit to the community of an appropriate activity, and the administrative costs associated with processing such an application, it would be appropriate for the City to establish a set of consistent guidelines to be used for each such application for tax exempt financing approval. Contained within such a guideline process would be appropriate application of materials, administrative procedures, and a fee structure paid to the City from the ultimate proceeds of any approved financing. Such guidelines and fee provisions are relatively common in the Twin Cities metropolitan area, especially in communities where significant numbers of requests for tax exempt financing approval occur. Attached to the Council Letter is a proposed set of Private Activity Tax Exempt Financing Guidelines which outline a process that may be approved by the City Council for such applications in the City of Richfield. The Guidelines provide for a sliding fee structure up to a maximum fee of $35,000 per issuance. If the City Council wishes to adopt the Guidelines as attached, a resolution accomplishing that purpose has been provided. 0 13--( • The City has received a number of requests for private activity tax exempt financing in the past. The most recent request was from the owner of the Market Towers project. Staff believes that the City will be receiving more requests for private activity financing in the future, and as such, it is important that the City have in place a systematic process of guidelines and fee structures to deal with those requests before staff receives them. Recommended Motion: Adopt the attached resolution adopting Private Activity Tax Exempt Financing Guidelines. Basis for Recommendation: 1. The City of Richfield has statutory authority under the IDR Act and Housing Act to issue tax exempt financing for projects that would benefit the community. 2. Such approvals do not present a financial obligation for the City of Richfield. 3. Requests for private activity tax exempt financing are a benefit to the applicant as well as an administrative cost for the City of Richfield. 4. A number of other cities in the metropolitan area have adopted guidelines to deal . with requests for such tax exempt financing approval, including a similar fee structure. Alternative Recommendation: 1. The City Council could decide not to adopt the uniform guidelines in dealing with these requests and deal with them as requests are submitted. 2. The City Council could decide to modify the proposed guidelines, including either increasing or decreasing the maximum fee. Discussion/Decision Mode: This item has been included on the August 26 City Council meeting so that the City of Richfield may put in place a set of guidelines dealing with requests for tax exempt financing as soon as possible. Consideration of this matter would allow the City to have set guidelines and fee structures in place before any such requests are received. Respectful`y submitted, Jam DJJProsser City KarAger JDP:cak /3-a 0 RESOLUTION NO. RESOLUTION ADOPTING PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES WHEREAS, the City of Richfield has the authority to issue bonds and notes to assist in the financing of various private development activities with the City; and WHEREAS, providing of such financing assistance can be of a significant benefit to the activity financed; and should also be a valuable tool to the City in encouraging and fastening certain types of development; and WHEREAS, the public objectives can best be accomplished through the administration of consistent guidelines; and WHEREAS, the City Council has reviewed guidelines for private activity financing as proposed by the City staff and is fully informed as to its content. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the document entitled Private Activity Tax Exempt Financing Guidelines, a copy of which is attached as Exhibit A, is hereby approved and adopted. • Adopted by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 %3-3 • CITY OF RICHFIELD, MINNESOTA PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES City Council Resolution No. 1996 City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 BMB 106156 RC125-130 13-4 TAX EXEMPT FINANCING GUIDELINES Table of Contents Page Part I General . . . . . . . . . . . . . . . . . . . . . . . 1 Part II Guidelines . . . . . . . . . . . . . . . . . . . . . 2 Part III Miscellaneous Matters . . . . . . . . . . . . . . . . 6 Part IV Application for Tax-Exempt Financing (Commercial, Industrial or Health Care) . . . . . . 8 Part V Application for Tax-Exempt Financing (Multi-Family Housing) . . . . . . . . . . . . . 11 Part VI Addendum to Application for Tax-Exempt Financing 14 Part VII Indemnification Letter of Agreement . . . . . . . . 18 BMB106156 RC125-130 /3-,45 E PRIVATE ACTIVITY TAX EXEMPT FINANCING GUIDELINES PART I GENERAL Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165 (the "IDR Act"), the City of Richfield has authority to issue industrial, commercial, and health care revenue bonds or notes to attract or promote economically sound industry and commerce to the City. Under Minnesota Statutes, Chapter 462C (the "Housing Act"), the City is authorized to issue housing revenue bonds to finance multi- family residential housing projects for low and moderate income persons and elderly persons. Projects must be embodied in a Housing Program, as defined in the Housing Act. The Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax exempt financing subject to these Guidelines. The Council considers tax exempt financing to be a privilege, not a right. It is the judgment of the Council that tax exempt financing is to be used on a selective basis to encourage certain development that • offers a benefit to the City as a whole, including significant employment and housing opportunities. It is the applicant's responsibility to demonstrate the benefit to the City, both in writing and at the public hearing. The applicant should understand that although approval may have been granted by the City for the issuance of financing for a similar project or a similar debt structure, that is not a basis upon which approval will be granted. Each application will be judged on the merits of the project as it relates to the public purposes of the Housing Act or the IDR Act and the benefit to the City at the time the request for financing is being considered. If tax exempt financing is to be issued by the Richfield Housing and Redevelopment Authority, the Authority will conform to these guidelines. BMB106156 1 RC125-130 13-1? PART II GUIDELINES 1. The Council will consider tax exempt financing for commercial, industrial and health care projects under the IDR Act and housing projects under the Housing Act. An applicant for tax exempt financing pursuant to the IDR Act must submit to the City the application set forth in Part IV of these Guidelines. An applicant for tax exempt financing pursuant to the Housing Act must submit to the City the application set forth in Part V of these Guidelines. 2. Projects must be compatible with the overall development plans and objectives of the City and comply with the zoning and land use regulations of the City. 3. An application will not be considered by the Council until tentative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets, and utility services. The application must be accompanied by the addendum set forth in Part VI of these Guidelines and must provide information as to the project's need for municipal services including, but not limited to, street improvements, water and sewer services, and police and fire protection. A report based on a review of the project by the Community Development Department must be presented to the Council prior to consideration of a resolution giving preliminary approval to the project. 4. The project must be a positive benefit to the City. The project must be of a nature that the City wishes to attract, or an existing business which the City wishes to have expand within the City, considering employment opportunities, incentive for further development, impact on City services, and support for the industrial, commercial or health care operations currently located in the City. A housing project must provide significant housing opportunities for low and moderate income persons or the elderly. 5. The Council will, if requested, grant an applicant a pre- application review. The purpose of the pre-application review is to inform potential applicants of the possibility of certain rejection. The fact that the project is not rejected at the pre-application stage is not to be construed as approval of the project nor as an indication that the project will be approved upon formal request to the Council. Requests for tax exempt financing may be rejected by the City whether or not the project was submitted to a pre-application review and regardless of the outcome or recommendation of that pre- application review. • A request for pre-application review must be in writing, addressed to the City Manager, and set forth the name of the DJK40101 2 BU155-37 13--7 project, the type of improvement intended and the name, address and telephone number of the person who will be representing the potential applicant at the pre-application review, together with such additional information as the applicant desires to submit. 6. The applicant must select a qualified financial adviser or an underwriter to assist the applicant in preparing all necessary application documents and materials. The financial adviser will submit a letter that establishes the financial feasibility of the project. Applications may, in the alternative, include a signed letter from a responsible financial institution indicating that the project is economically feasible and viable and stating that bonds can be successfully sold for the project or that an individual or institution intends to purchase all of the bonds. The applicant must receive approval from the appropriate state agencies, secure financing and commence construction within one year of the date of the resolution giving preliminary approval to the project or the housing program. Upon application, the Council may approve an extension of the preliminary approval. The City will appoint bond counsel for the bond issue, which will normally be the City's regularly retained bond counsel. 7. Pursuant to the IDR Act and the Housing Act, consideration of an application for tax exempt financing must be done at a public hearing held by the Council. Modifications to the project after the public hearing and preliminary approval must be consistent with the scope of the project as proposed at the time of preliminary approval. 8. The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax exempt financing including, but not limited to, legal fees, financial analyst fees, bond counsel fees, and the City staff's expenses in connection with the application. A non-refundable filing fee in the amount of $5000 to insure reimbursement of the above expenses must be included with the submission of the application. The applicant must execute a letter to the City undertaking to pay all such expenses even if they exceed the deposit. A form of the required letter is set forth as Part VII of these Guidelines. 9. Prior to closing and delivery of the bonds for the project, the applicant must pay, or commit to pay as the case may be, administrative fees determined as follows: (i) Industrial, commercial and health care projects: • DJK40101 3 BU155-37 13-8 to the City, a one-time fee equal to 1/2% of the first five million dollars of bonds plus 1/4% on the remaining balance, with a maximum fee of $35,000.00. (ii) Housing projects A one time fee will be paid by the applicant to the Richfield Housing and Redevelopment Authority at the time of the bond sale closing in the amount of 1% of the bonds, not to exceed $35,000.00: 10. The City Manager must annually submit to the Council a summary report of all project applications made in that year and financings completed for the year. The report must include: a. Total number of applications processed; b. Total number and dollar volume of proposed projects; C. Total amount of bonds issued; d. Amount of tax base provided; e. Number of jobs created; and f. Number of new housing units constructed and occupied. . 11. Applications for financing must be made on the forms attached to these Guidelines. In addition, the applicant must furnish a description of the project, a plot plan, elevation of proposed buildings, landscape, lighting, and site preparation, together with a brief description of applicant and the proposed financing in such form as required at the time of application. 13. The Council may, in its sole discretion, impose conditions exceeding those required under the City building code in respect to exterior building materials, landscaping, signage lighting, and such other aspects as the Council may consider appropriate on a case-by-case basis. 14. The Council may, in its sole discretion, withdraw its preliminary approval of a project any time if in its judgment the purposes of the Act will not be served by going forward with the project and its financing. • DJK40101 4 BU155-37 /3-9 • PART III MISCELLANEOUS MATTERS 1. Ratings. The City will give its most favorable consideration to proposed tax exempt bond issues that have the same rating as the City's obligations by Moody's Investment Service or Standard & Poor's Corporation. Issues carrying lower ratings or non-rated issues may be sold only to institutional or other investors on a private placement basis and must be in denominations of at least $100,000. The Council may depart from this guideline when in its judgment the project is of a level of merit and public purpose to justify the departure; and in case of such a departure the Council must state its reasons therefor in the resolution awarding the sale of the bonds. 2. Refundings. The Council will normally approve the refunding of a tax-exempt issue but only upon a showing by the applicant of (i) substantial debt service savings, (ii) the removal of bond covenants significantly impairing the financial feasibility of the project, or (iii) both (i) and (ii). In the case of, refundings of bonds for which the administrative fees listed in paragraph 9 of Part II have been and are being paid, no new administrative fees are required; but the non- refundable application fee must be paid together with all City expenses in excess of that fee. In the case of refundings of bonds where no administrative fee has been paid, the administrative fees listed in paragraph 9 of Part II must be paid. The application form is to be appropriately modified. 3. Subsequent Proceedings. Where changes to the underlying documents or credit facilities of outstanding bond issues are to be made and require Council action, no administrative fee is charged but a non-refundable fee of $2,500 must be deposited with the City to cover administrative costs. No formal application form is required. 4. Issue by Another Political Subdivision. The City will consider requests for tax exempt financing of projects in the City by other political subdivisions. In these cases the non- refundable application fee must be paid and all procedures through the approval of the preliminary resolution followed. No administrative fee is charged. 5. City Contact. Initial contacts about tax-exempt financing are made by contacting: • DJK40101 5 BU155-37 I3-10 Assistant City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 (612) 861-9702 All subsequent correspondence is to be similarly addressed with a copy to bond counsel: Kennedy & Graven Chartered Attorneys at Law 470 Pillsbury Center Minneapolis, MN 55402 Attention: David J. Kennedy or other bond counsel appointed by the City. 6. Deadlines. The Council conducts all tax exempt financing matters at regularly scheduled Council meetings held on the first and third Monday of each month. Documents for Council consideration must be at the City office on the Tuesday proceeding the Council meeting at which the matter is to be considered. No exceptions to this requirement will be made. In the case of a publicly offered bond issue the documents, when submitted, may specify a maximum price and maximum effective interest rate if prices and rates have not yet been • established. • DJK40101 6 BU155-37 /3-// PART IV APPLICATION FOR TAX-EXEMPT FINANCING (Commercial, Industrial or Health Care) 1. APPLICANT a. Business Name - b. Business Address - C. Business Form (corporation, partnership, sole proprietorship, etc.) - d. Authorized Representative - e. Principal contact person and telephone number 2. PURPOSE OF REQUESTED FINANCING: a. New Facility (describe) - b. Expansion (describe) - C. Refunding (attach explanatory letter) 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: 4. ESTIMATED PROJECT COSTS: (Not required for refunding) Land $ Building Equipment Architectural, Engineering Costs of Issuance Capitalized Interest, including discount Other • Total Financing Requested $ DJK40101 7 BU155-37 /3-- ?Q 5. AMOUNT OF FINANCING REQUESTED: $ ( of project costs) 6. TYPE OF FINANCING PROPOSED: Bonds Tax Exempt Mortgage Expected Term of Financing Years Security: Mortgage Letter of Credit Guaranty (third party) Guaranty (personal) Unsecured other (specify) 7. BUSINESS PROFILE: (Not required for refunding) a. Is the business located in the City of Richfield now? • b. Number of employees in City: 1) Before this project - 2) After this project - C. Approximate annual sales - d. Length of time in business - Length of time in business in City - e. Do you have plants in other locations? If so, where? 8. NAMES OF: a. Corporate Counsel (name and contact person) - b. Underwriter - C. Underwriter's Counsel - 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start - b. Construction completion - DJK40101 8 BU155-37 f3--13 10. Attachments (Items b., c., d., e., f. and h. prepared by Bond Counsel): C. Draft comprehensive statement of Mayor - e. Draft preliminary resolution - f. Draft application to Department of Trade and Economic Development with necessary attachments - g. Financial feasibility letter - h. Preliminary bond counsel opinion - i. Initial filing fee ($5,000) - j. Planning Commission recommendation and background material - k. Indemnification Letter of Agreement • The applicant further states that it has been furnished a copy of the City of Richfield's Private Activity Tax Exempt Financing Guidelines and is aware of its content and agrees to be bound by its terms and the terms of the indemnification letter. Applicant BY - b. Draft resolution calling for public hearing - a. ProjNoticeect of despubliccription hearing - materials DATE For Further Information Contact: Assistant City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423-2598 (612) 861-9702 ?.J DJK40101 9 BU155-37 i 3-4 PART V APPLICATION FOR TAX-EXEMPT FINANCING (Multi-Family Housing) • • APPLICANT: ADDRESS: PROJECT LOCATION: PROJECT INFORMATION Efficiency One Bedroom Two Bedroom Three Bedroom Parking (included in rent/ not included in rent) CONTACT PERSON: TITLE: PHONE NUMBER PROJECT NAME: DATE OF APPLICATION: RENT UNITS Laundry $ Utilities included in monthly rent: OPERATING EXPENSES % of Gross (Annual) TOTAL PROJECT COST: $ DEVELOPER EQUITY: $ DEBT SERVICE: $ *HARD COSTS: $ LAND VALUE: $ SOFT COSTS: $ *(Hard Costs are all project costs the IRS has determined to be eligible items for depreciation.) DJX40101 10 BU155-37 13-16" ANTICIPATED INTEREST RATES: is HRB: If the project was convention- ally financed, what interest rate would you expect to pay? SALES ASSUMPTION: How many years do you plan to hold the property before you sell? years. At what percent do you feel the value of the project will appreciate? EQUIPMENT: AMORTIZATION SCHEDULE: 30-Year Amortization Schedule? Yes Other: No (Circle One) DEPRECIATION METHOD: Years: Type: Amount of Total Basis: $ $ of project cost is for equipment (e.g., washers/dryers) ANTICIPATED INCREASES: ANTICIPATED VACANCY RATE: Revenue: % per year Expenses: % per year CONSTRUCTION SCHEDULE First Year: After First Year: % Anticipated construction commencement date: Anticipated construction completion date: ADDITIONAL INFORMATION: I certify that the information provided above is correct and contains no misrepresentations or falsifications, omissions or concealments of material facts and that the information given is true and complete to the best of my knowledge. Signature to Title Date DJK40101 1 1 BU155-37 /3_/? The following items must be attached to the application: APPENDIX A A brief description of the organizational structure of Applicant, including parent subsidiary and affiliate organizations (if applicant is other than an individual). APPENDIX B Statement of Applicant's business history, including any multi- family rental projects. APPENDIX C The name, address, and telephone number of: 1. The Applicant 's legal counsel 2. The Applicant 's accountant 3. The architect of the proposed Project 4. The engineer of the proposed Project 5. The general c ontractor of the proposed Project APPENDIX D 1. Present ownership of the proposed Project site and Applicant's 46 2 interest therein. Present zoning of the Project site and a description of what . city land use approvals are needed for this project. added to the b 3. e The projected number of new employees to e of the Project. 4. Applicant's permanent work force becaus other financing attempted or available to the Project including 5 any interim financing. Statement regarding whether or not this project has all . required city approvals. If the project does not-have all of rovals still needed and a h e app the required approvals, list t tentative time schedule. APPENDIX E Indemnification Letter of Agreement. APPENDIX F Proforma Analysis of the Project E DJK40101 12 BU155-37 13,1`7 PART VI S ADDENDUM TO APPLICATION FOR TAX-EXEMPT FINANCING (Not required for refundings) CITY OF RICHFIELD Checklist of Required Submissions for Project Review 1. The following information, where applicable, must be submitted for review by the Development Review Committee at least three weeks prior to the Planning Commission meeting at which it is to be considered. a. A copy of the application b. A copy of the proposed plat (at scale of 1" - 100') C. Legal description (lot, section, township, village, county) d. Name of proposed subdivision, if applicable. . e. Graphic scale f. North arrow g. Date h. Property owners name and address i. Covenants, liens, and encumbrances j. Name and address of licensed professional engineer, surveyor, and/or land planner involved in the preparation of the sketch plat or proposed plan. k. Location of property lines 1. Existing easements M. Burial grounds n. Railroad rights-of-way o. Water courses p. Existing wooded areas DJK40101 1 3 BU155-37 l3r?8 q. Trees, eight inches or more in diameter measured four • feet above ground level r. Location, width and names of all existing or platted streets or other public ways within or immediately adjacent to tract s. Names of adjoining property owners from the latest County, City, or Township assessment roles within 300 feet of any perimeter boundary of the subdivision t. Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto U. Existing permanent buildings v. Utility poles on or immediately adjacent to the site and utility right-of-way w. Approximate topography, at the same scale as the sketch plan X. The approximate location and widths of proposed streets Y. Preliminary proposals for connection with existing water supply and sanitary sewer systems, preliminary provisions for collecting and discharging surface water drainage Z. The approximate location, dimensions, and areas of all proposed or existing lots aa. The approximate location, dimensions, and areas of all parcels of land proposed to be set aside for park or playground use or other public use or for the use of property owners in the proposed subdivision bb. The location of temporary stakes to enable the Planning Commission to find and appraise features of the sketch plat in the field CC. Whenever the sketch plan covers only a part of an applicant's contiguous holdings, the applicant shall submit, at a scale of not more that 2001=111, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street systems and an indication of the probable future street and drainage system for the remaining portion of the tract. dd. A vicinity map showing streets and other general development of the surrounding area at a scale of 40 1"=100'. The sketch plat must show all school district DJK40101 14 BU155-37 13-19 lines and zoning district lines with the zones properly • designated. 2. Required submissions for building permit review: Certificate of Survey a. Parcel number as recorded at the County b. All land divisions to be recorded at County prior to obtaining building permit c. Parcel square footage d. A location map showing this parcel's location within the plat Site Plan a. Existing topography at a scale of not less than 1"=100' with two foot contour intervals b. All required building and parking setbacks should be illustrated on the plan c. Building locations and square footages • d. Existing vegetation and other natural features including water bodies or water courses, rock outcrops, etc. Landscape Plan a. The location of all areas to be sodded or seeded b. The location and size of plantings, indicate both common and botanical names c. Planting details which clearly illustrate the manner in which each different material will be planted Lighting Plan a. Type of fixture, type of lighting (high pressure sodium, metal halide, etc.), and intensity of proposed lighting system b. Location and height of all fixtures c. The petitioner should also supply an Isolux diagram (available from lighting distributor) to illustrate at least the intensity of light at the property lines. However, on major projects it is advisable for the petitioner to supply the plan showing the photometric contours of varying light intensity throughout the site. DJK40101 1 5 BU155-37 /3-c-?0 Signage a. The location, size, and design of all signs including a description of all materials to be used in the construction of said signs. Any proposed use of color, or use of lighting should be clearly described and illustrated. b. In the case of major developments the City encourages the development of signage programs to govern the use of signs throughout the project. For additional information regarding such programs, please contact the Planning Department. Parking a. Number of spaces provided, floor area, and occupant load b. Concrete curb area and design c. Bituminous area and design d. Parking lot striping e. Location of handicapped parking Building Plans a. Floor layouts b. Building elevations (front, sides, and rear, including detailed explanation and illustration of all exterior building materials) C. Rooftop unit screening (architecturally designed and compatible with building) Trash Handling Requirements of Zoning ordinance (inside or screened) C7 DJK40101 16 BU155-37 O--a.1 PART VII INDEMNIFICATION LETTER OF AGREEMENT The Mayor of the City of Richfield and Members of the City Council 6700 Portland Avenue Richfield, MN 55423-2598 RE: Application of for Tax Exempt Revenue Bond Financing by the City of Richfield Dear Mayor and Members of the City Council: This letter of agreement is given by . a under the laws of ("Applicant"), as required by the City of Richfield in connection with its consideration of an application for tax exempt revenue bond financing for the project described in the application. Applicant hereby covenants, warrants and agrees as follows: 1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the City may incur in connection with • its consideration of the project and the granting of tax exempt revenue bond financing therefor, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the State of Minnesota, whether or not revenue bond financing is, finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection with the City's consideration, issuance or sale of the bonds for Applicant's project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements executed by the City in connection with the issuance of its bonds for this project. 3. Applicant hereby releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with: the City's consideration of the application for industrial development revenue bond financing for Applicant's project; the failure of the City, in its discretion, to issue tax-exempt revenue bonds for Applicant's DJK40101 1 7 BU155-37 project; the issuance and sale • of the project; or any,other nature whatsoever which may foregoing. of the bonds; the construction matter or thing of any type or arise in connection with the 4. Applicant is aware of the City's application and administrative fee structure for tax exempt financing and agrees and covenants that all such fees will be paid in the amount and at the times required. Dated: • C? (Applicant) By Its DJK40101 18 BU155-37 / LP- . CITY OF RICHFIELD, MINNESOTA Council Letter No. 281 Agenda August 26, 1996 Issue Statement: Public hearing to adopt the special assessment roll for City Project No. 902, 1995 alley maintenance for the period January 1, 1995 through December 31, 1995. Background: The City Council has scheduled a public hearing to be held August 26, 1996 on the assessment for the cost of current maintenance services on alleys for the period January 1, 1995 through December 31, 1995. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was duly published, and notices were mailed to the owner of each parcel described in the assessment roll. The cost of current maintenance services January 1 through December 31, 1995 will be assessed at $20,000. Actual costs were $32,858.95 for labor, material and equipment related to alley patching, sweeping, snowplowing and joint sealing. Council approved a proposal to assess a constant $20,000 each year for alley maintenance services in order to bank monies for biannual joint cleaning bidding. This was done to provide better contract prices for crack sealing and joint cleaning, and to reduce resident complaints of fluctuating maintenance assessments for alleys. Due to the length of the list, the assessment roll is not included in the Council packet, but a copy of the assessment roll for alley maintenance January 1, 1995 through December 31, 1995 will be available for Council reference and review at the August 26, 1996 City Council public hearing. The estimated assessment for maintenance services for 1996 is $20,000. City staff will be available at the hearing to answer questions about the special assessment that may not have been raised prior to the hearing. The public hearing provides an opportunity for all interested persons to present their objections, if any, to such proposed assessment. The City ordinance provides that special assessments for current services may be certified to the county auditor for collection along with current taxes. It is recommended that the certification adopted by the City Council provide that payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the funds initially for the current services. It is the recommendation of staff that the interest rate be established at eight percent, the maximum permitted by law. A property owner may /0--I make payment before November 15, 19.96 in order to avoid interest payments. Payments made after that date, up to December 31, 1996, would include the interest charges. Recommended Motion: Following the public hearing, it is recommended that the City Council adopt the attached resolution, adopting the assessment roll of City Project No. 902, alley maintenance for the period January 1, 1995 through December 31, 1995. Basis of Recommendation: 1. Notice of the assessment has been published in the official City newspaper as required by state statute. 2. Each affected property owner has been notified as required by law. Alternative Recommendation: 1. None. Discussion/Decision Mode: The City Council may make changes as deemed necessary in the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." • Resp ly submitted, James Prosser City Manager JDP:cak E RESOLUTION NO. /0_C . RESOLUTION ADOPTING THE ASSESSMENT ON CITY PROJECT NO. 902, ALLEY MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1995 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the following alleys in the City of Richfield: Number Surroundina Avenues Surroundina Streets 1001 Xerxes-Washburn 66th-67th 1002 Xerxes-Washburn 67th-68th 1003 Xerxes-Washburn 68th-69th 1004 Xerxes-Washburn 69th-70th 1005 ' Washburn-Vincent 66th-67th 1006 Washburn-Vincent 67th-68th 1007 Washburn-Vincent 68th-69th 1008 Washburn-Vincent 69th-70th 1009 Vincent-Upton 66th-67th 1010 Vincent-Upton 67th-68th 1011 Vincent-Upton 68th-69th 1012 Vincent-Upton 69th-70th 1013 Upton-Thomas 66th-67th 1014 Upton-Thomas 68th-69th 1015 Upton-Thomas 69th-70th 1016 Thomas-Sheridan 66th-67th 1017 Thomas-Sheridan 67th-68th 1018 Thomas-Sheridan 68th-69th 1019 Thomas-Sheridan 69th-70th 1020 Sheridan-Russell 66th-67th 1021 Sheridan-Russell 67th-68th 1022 Sheridan-Russell 68th-69th 1023 Sheridan-Russell 69th-70th 1024 Russell-Queen 66th-67th 1025 Russell-Queen 67th-68th 1026 Russell-Queen 68th-69th 1027 Russell-Queen 69th-70th 1028 Queen-Penn 66th-67th 1029 Queen-Penn 67th-68th 1030 Queen-Penn 68th-69th 1031 Queen-Penn 69th-70th 2001 Penn-Oliver 63rd-64th 2002 Oliver-Newton 63rd-64th 2004 Morgan-Logan 63rd-64th 2005 Logan-Knox 63rd-64th 2007 James-Irving 63rd-64th 2008 Irving-Humboldt 63rd-64th 2009 Humboldt-Girard 63rd-64th 2010 Girard-Fremont (35W) 63rd-64th 2011 Girard-Fremont (35W) 64th-65th 1a-3 2012 Girard-Fremont (35W) 65th-66th 2013 Fremont (35W)-Emerson 64th-65th 2014 Fremont (35W)-Emerson 65th-66th 2015 Dupont-Colfax 63rd-Mildred 2016 Colfax-Bryant 63rd-Mildred 2017 Bryant-Aldrich 63rd-Mildred 2019 Graham-Lyndale 66th-Lake Shore Drive 2020 Aldrich-Lyndale 75th-76th 2021 Aldrich-Lyndale 76th-77th 3002 Lyndale-Garfield 68th-69th 3003 Augsburg-Garfield 70th-71 st 3004 Augsburg-Garfield 71st-72nd 3005 Lyndale-Garfield 72nd-73rd 3006 Lyndale-Garfield 73rd-74th 3007 Garfield-Harriet 71st-72nd 3008 Garfield-Harriet 72nd-73rd 3009 Garfield-Harriet 73rd-74th 3011 Harriet-Grand 67th-68th 3012 Harriet-Grand 68th-69th 3013 Harriet-Grand 72nd-73rd 3014 Harriet-Grand 73rd-74th 3015 Grand-Pleasant 68th-69th 3016 Grand-Pleasant 72nd-73rd 3018 Wentworth-Blaisdell 67th-68th . 3020 Blaisdell-Nicollet 72nd-73rd 3021 Blaisdell-Nicollet 73rd-74th 3022 Blaisdell-Nicollet 74th-75th 3023 Blaisdell-Nicollet 75th-76th 3024 Nicollet-1st Avenue 68th-69th 3025 Nicollet-1 st Avenue 70th-71 st 3026 Nicollet-1 st Avenue 71 st-72nd 3027 Nicollet-1st Avenue 72nd-73rd 3028 1 st Avenue-Stevens 71st-72nd 3029 1st Avenue-Stevens 72nd-73rd 3030 Stevens-2nd Avenue 71 st-72nd 3031 Stevens-2nd Avenue 72nd-73rd 3032 2nd Avenue-3rd Avenue 66th-67th 3033 2nd Avenue-3rd Avenue 71st-72nd 3034 2nd Avenue-3rd Avenue 72nd-73rd 3035 3rd Avenue-Clinton 66th-67th 3036 3rd Avenue-Clinton 73rd-74th 3037 Clinton-4th Avenue 66th-67th 3038 Clinton-4th Avenue 73rd-74th 3039 4th Avenue-5th Avenue 66th-67th 3040 4th Avenue-5th Avenue 73rd-74th 4001 13th Avenue-14th Avenue 65th-66th 4002 14th Avenue-15th Avenue 62nd-63rd 4004 15th Avenue-Bloomington 62nd-63rd 4005 15th Avenue-Bloomington 65th-66th 4006 Bloomington-16th Avenue 65th-66th 4007 Cedar-Longfellow Avenue 63rd-64th 4008 Cedar-Longfellow Avenue 64th-65th 4009 Cedar-Longfellow Avenue 65th-66th 4012 22nd-Standish Avenue 65th-66th 4013 13th-14th Avenue 66th-67th NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll, in the total amount of $20,000 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable before or during 1996 and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole or part of the assessment on such property to the city's Assessing Division, except that no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution; and he may, at any time thereafter, pay to the city's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk L?l CITY OF RICHFIELD, MINNESOTA Council Letter No. 280 Agenda August 26, 1996 Issue Statement: Public hearing to adopt the special assessment roll for City Project No. 901, 77th Street maintenance for the period January 1, 1995 through December 31, 1995. Background: The City Council has scheduled a public hearing to be held August 26, 1996 on the assessment for the cost of current maintenance services performed in the 77th Street project area for the period January 1 through December 31, 1995. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was duly published, and notices were mailed to the owner of each parcel described in the assessment roll. This assessment roll includes both commercial and multi-family residential properties. The cost of current maintenance services for this period totaled $10,569.06. Estimated 1997 costs for the current maintenance services are $58,973. The current maintenance services for this period included, but were not necessarily limited to, one or more of the following, including labor, equipment and materials: 1. Landscape maintenance of common properties including, among other things, mowing, fertilizing and edging. 2. Irrigation maintenance. 3. General maintenance including litter and trash removal. Recommended Motion: Approve the attached resolution adopting the assessment on City Project No. 901, 77th Street Maintenance for the period January 1 through December 31, 1995. Basis of Recommendation: 1. Notice of the assessment has been published in the official City newspaper as required by state statute. 2. Each affected property owner has been notified as required by law. Alternative Recommendation: 1. None. 0 0 Discussion/Decision Mode: The City Council may make changes as deemed necessary in the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." Respectf y submitted, James . Prosser City Manager JDP:cak RESOLUTION NO. //_C? RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 901 • 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 1995 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Area, which is approximately bounded by 1-35W, 76th Street, 1-494 and Portland Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. Such proposed assessment roll, in the total amount of $10,569.06, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. 2. Such assessment shall be payable before or during 1996 and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. • 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property to the city's Assessing Division and he may, at any time thereafter, pay to the city's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax lists of the county and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk /? CITY OF RICHFIELD, MINNESOTA Council Letter No. 279 Agenda August 26, 1996 Issue Statement: Public hearing to adopt the special assessment roll for City Project No. 900, L/H/N maintenance for the period January 1, 1995 through December 31, 1995. Background: The City Council has scheduled a public hearing to be held August 26, 1996 on the assessment for the cost of current maintenance services performed in the L/H/N Redevelopment Area for the period January 1 through December 31, 1995. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was duly published, and notices were mailed to the owner of each parcel described in the assessment roll. The cost of current maintenance services for this period totaled $36,105.50. Estimated 1996 costs for the current maintenance services are $46,080. The current maintenance services for this period included, but were not necessarily • limited to, one or more of the following, including labor, equipment and materials: 1. Landscaping, including tree trimming; 2. Extra street sweeping in the summer; 3. Snow removal in the winter; 4. Sidewalk deicing; 5. Painting and repair of wood furniture; 6. Trash removal; 7. General maintenance, including repairs and replacement; 8. Irrigation maintenance. The City ordinance provides that special assessments for current services may be certified to the county auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The adopted assessment roll for the period January 1 through December 31, 1995 would be county auditor by the end of October. The City has the right to charge interest on the amount assessed in that the City provided the funds initially for the current services. It is the recommendation of City staff that the interest rate be established at eight percent. Payment may be made by the assessed owner before November 15, 1996, in order to avoid interest payments. Payments made after that date would include the interest payment. 0 ID'I • Recommended Motion: Approve the attached resolution adopting the assessment on City Project No. 900, UH/N maintenance for the period January 1 through December 31, 1995. Basis of Recommendation: 1. Notice of the assessment has been published in the official City newspaper as required by state statute. 2. Each affected property owner has been notified as required by law. Alternative Recommendation: 1. None. Discussion/Decision Mode: The City Council may make changes as deemed necessary in the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." Resp tf y submitted, James Prosser City Ma ager JDP:cak 0 /o-c- RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON CITY PROJECT NO. 900 L/H/N MAINTENANCE FOR THE PERIOD JANUARY 1 - DECEMBER 31, 1995 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. Such proposed assessment roll, in the total amount of $36,105.50, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. 2. Such assessment shall be payable before or during 1996 and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. 0 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property to the city's Assessing Division and he may, at any time thereafter, pay to the city's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax lists of the county and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 278 Agenda August 26, 1996 Issue Statement: Continuation of the public hearing regarding adoption of the assessment roll for removal of diseased trees from private property for the period January 1, 1995 through December 31, 1995. Background: The City Council has scheduled a hearing to be held on Monday, August 26, 1996 for the assessment of the cost for removal of diseased trees from private property during the period of January 1, 1995 through December 31, 1995. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk and notice was duly published. However, notices were not mailed to the owner of each parcel described in the assessment roll in time for the two week advance notice required by law. The cost of diseased tree removal from private property for this period, which residents chose to assess to their property taxes, totaled $14,697.85. In 1994, $27,229.40 was assessed for this work; in 1993, $29,367.56 was assessed for this work; in 1992, the total was $37,994.70, and in 1991, the total assessed was $34,116.57. City ordinance provides that special assessments for current services may be certified to the county auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is the staff recommendation that such payments be due and payable over a three year period. The adopted assessment roll for the period January 1, 1995 through December 31, 1995 would be certified with the county auditor by the end of October 1996. The City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is the staff recommendation that the interest rate be established at eight percent, the maximum allowed by state law. Payment may be made by the assessed owner before November 15, 1996 in order to avoid interest payments. Payments made after that date would include the interest payment. City staff will be available at the hearing to answer questions about the special assessment that may not have been raised prior to the hearing. The public hearing provides an opportunity for all interested persons to present their objections, if any, to such proposed assessment. Recommended Motion: Continue the public hearing regarding the assessment for removal of diseased trees from private property for the period January 1, 1995 through December 31, 1995 to the September 23, 1996 City Council meeting which will allow time to publish the legal P, i . notice in the official newspaper and meet the required two week advance notice to the affected property owners. Basis of Recommendation: 1. Notice of the assessment has been published in the official City newspaper as required by State Statute. 2. Each affected property owner has not been notified of the proposed assessment as required by law. 3. Continuing the public hearing to September 23, 1996 will allow time to publish the legal notice in the official newspaper and meet the required two week advance notice to the affected property owners. Alternative Recommendation: 1. None. Discussion/Decision Mode: Continue the public hearing regarding the assessment for removal of diseased trees from private property for the period January 1, 1995 through December 31, 1995 to the September 23, 1996 City Council meeting. Respectfully submitted, e D. Prosser City anager JDP:cak 0 9,2 . RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31, 1995 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services related to removal of diseased trees from the following private property in the City of Richfield: Property Address 7138 Fourth Avenue 7312 Blaisdell Avenue 7601 Oliver Avenue 6808 Cedar Avenue 6605 Irving Avenue 7400 Pillsbury Avenue 6313-14th Avenue 6239 Aldrich Avenue 7044 James Avenue 6330 Blaisdell Avenue 6525 Oliver Avenue 7031 Fifth Avenue 7621-12th Avenue 6408-14th Avenue 6325-20th Avenue 6344-21st Avenue 6637 Thomas Avenue 6516-21 st Avenue 6210 Russell Avenue 6425-15th Avenue 7314 Penn Avenue 6804-13th Avenue 6937 Logan Avenue Property Identification Number 34-02824-11-0043 34-02824-24-0091 33-02824-33-0064 26-02824-44-0002 28-02824-31-0092 34-02824-31-0049 26-02824-12-0094 28-02824-11-0020 33-02824-21-0039 27-02824-21-0077 28-02824-23-0093 34-02824-11-0081 35-02824-43-0037 26-02824-13-0117 25-02824-22-0045 25-02824-22-0051 29-02824-41-0064 25-02824-23-0059 29-02824-11-0107 26-02824-13-0046 32-02824-14-0072 26-02824-43-0024 28-02824-34-0060 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. Such proposed assessment roll, in the amount of $14,697.85, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. R-3 2. Such assessment shall be payable in no more than three annual installments and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property to the city's Assessing Division, and he may at any time thereafter, pay to the city's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996 • Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 277 Agenda August 26, 1996 Issue Statement: Public hearing to consider specially assessing current maintenance services for City alleys for the period of January 1, 1997 through December 31, 1997, proposed City Project No. 924. Background: On July 8, 1996, the City Council scheduled a public hearing for August 26, 1996 concerning the 1997 alley maintenance project. In order to implement the alley maintenance policies previously passed by the City Council, it is necessary for the Council to initiate this specific alley maintenance project. The maintenance functions to be financed through special assessments include such work as rough grading, cleaning and sweeping, cold patching and snow plowing. Because the vast majority of alleys have now been paved, the primary routine maintenance function is anticipated to be snow plowing, and annual costs are about $10,000. A concrete joint sealing maintenance program for paved alleys was initiated in the 1989 alley maintenance program. The joint sealing program was not performed in 1994, due to the small quantity of work. However, in 1995 approximately $22,000 of crack sealing repairs was contracted. In order to bank sufficient monies to perform this work on a biannual basis, a constant $20,000 needs to be assessed each year for alley maintenance. For comparison purposes, the following is provided related to alley maintenance special assessment for current services: Year Estimated Actual Amount Assessed 1985 $15,141.97 1986 $23,600 11,834.29 1987 7,000 9,977.18 1988 17,000 8,453.93 1989 20,000 17,725.98 1990 20,000 17,213.95 1991 20,000 21,426.94 1992 20,000 19,752.06 1993 20,000 17,833.49 1994 20,000 20,000.00 (Actual cost - $8,614.92) 1995 20,000 20,000.00 (Actual cost - $32,858.95) 1996 20,000 1997 20,000 Recommended Motion: Following the close of the public hearing, adopt the attached resolution ordering proposed City Project No. 924, 1997 alley maintenance project and special assessment of current services. S'l Basis of Recommendation: . 1. Notice of the proposed assessment was published in the official City newspaper. 2. Each property owner within the area proposed to be assessed was mailed a notice as required by State law. 3. It has been the Council policy for 15 years to assess for alley maintenance. Alternative Recommendation: 1. None. Discussion/Decision Mode: The current alley maintenance project will lapse at the end of the year. A new project should be established by January 1, 1997; so the Council may defer the decision to a future meeting before the end of the year, if desired. submitted, James. Prosser City M ager JDP:cak 0 9 r a RESOLUTION NO. • RESOLUTION ORDERING THE UNDERTAKING OF CURRENT SERVICES PROJECT FOR ALLEY MAINTENANCE JANUARY 1, 1997 THROUGH DECEMBER 31, 1997 PROPOSED TO BE CITY PROJECT NO. 924 WHEREAS, a resolution of the City Council adopted the 8th day of July, 1996, fixed a date for a public hearing on the proposed maintenance of the following alleys: Number Surroundina Avenues Surroundina Streets 1001 Xerxes-Washburn 66th-67th 1002 Xerxes-Washburn 67th-68th 1003 Xerxes-Washburn 68th-69th 1004 Xerxes-Washburn 69th-70th 1005 Washburn-Vincent 66th-67th 1006 Washburn-Vincent 67th-68th 1007 Washburn-Vincent 68th-69th 1008 Washburn-Vincent 69th-70th 1009 Vincent-Upton 66th-67th 1010 Vincent-Upton 67th-68th • 1011 Vincent-Upton 68th-69th 1012 Vincent-Upton 69th-70th 1013 Upton-Thomas 66th-67th 1014 Upton-Thomas 68th-69th 1015 Upton-Thomas 69th-70th 1016 Thomas-Sheridan 66th-67th 1017 Thomas-Sheridan 67th-68th 1018 Thomas-Sheridan 68th-69th 1019 Thomas-Sheridan 69th-70th 1020 Sheridan-Russell 66th-67th 1021 Sheridan-Russell 67th-68th 1022 Sheridan-Russell 68th-69th 1023 Sheridan-Russell 69th-70th 1024 Russell-Queen 66th-67th 1025 Russell-Queen 67th-68th 1026 Russell-Queen 68th-69th 1027 Russell-Queen 69th-70th 1028 Queen-Penn 66th-67th 1029 Queen-Penn 67th-68th 1030 Queen-Penn 68th-69th 1031 Queen-Penn 69th-70th 2001 Penn-Oliver 63rd-64th 2002 Oliver-Newton 63rd-64th 2004 Morgan-Logan 63rd-64th g-3 2005 Logan-Knox 63rd-64th 2007 James-Irving 63rd-64th 2008 Irving-Humboldt 63rd-64th 2009 Humboldt-Girard 63rd-64th 2010 Girard-Fremont (35W) 63rd-64th 2011 Girard-Fremont (35W) 64th-65th 2012 Girard-Fremont (35W) 65th-66th 2013 Fremont (35W)-Emerson 64th-65th 2014 Fremont (35W)-Emerson 65th-66th 2015 Dupont-Colfax 63rd-Mildred 2016 Colfax-Bryant 63rd-Mildred 2017 Bryant-Aldrich 63rd-Mildred 2019 Graham-Lyndale 66th-Lake Shore Drive 2020 Aldrich-Lyndale 75th-76th 2021 Aldrich-Lyndale 76th-77th 3002 Lyndale-Garfield 68th-69th 3003 Augsburg-Garfield 70th-71st 3004 Augsburg-Garfield 71st-72nd 3005 Lyndale-Garfield 72nd-73rd 3006 Lyndale-Garfield 73rd-74th 3007 Garfield-Harriet 71st-72nd 3008 Garfield-Harriet 72nd-73rd S 3009 Garfield-Harriet 73rd-74th 3011 Harriet-Grand 67th-68th 3012 Harriet-Grand 68th-69th 3013 Harriet-Grand 72nd-73rd 3014 Harriet-Grand 73rd-74th 3015 Grand-Pleasant 68th-69th 3016 Grand-Pleasant 72nd-73rd 3018 Wentworth-Blaisdell 67th-68th 3020 Blaisdell-Nicollet 72nd-73rd 3021 Blaisdell-Nicollet 73rd-74th 3022 Blaisdell-Nicollet 74th-75th 3023 Blaisdell-Nicollet 75th-76th 3024 Nicollet-1 st Avenue 68th-69th 3025 Nicollet-1st Avenue 70th-71 st 3026 Nicollet-1 st Avenue 71st-72nd 3027 Nicollet-1st Avenue 72nd-73rd 3028 1 st Avenue-Stevens 71st-72nd 3029 1st Avenue-Stevens 72nd-73rd 3030 Stevens-2nd Avenue 71st-72nd 3031 Stevens-2nd Avenue 72nd-73rd 3032 2nd Avenue-3rd Avenue 66th-67th 3033 2nd Avenue-3rd Avenue 71st-72nd 3034 2nd Avenue-3rd Avenue 72nd-73rd 3035 3rd Avenue-Clinton 66th-67th 3036 3rd Avenue-Clinton 73rd-74th 3037 Clinton-4th Avenue 66th-67th 3038 Clinton-4th Avenue 73rd-74th 3039 4th Avenue-5th Avenue 66th-67th 3040 4th Avenue-5th Avenue 73rd-74th 4001 13th Avenue-14th Avenue 65th-66th 4002 14th Avenue-15th Avenue 62nd-63rd 4004 15th Avenue-Bloomington 62nd-63rd 4005 15th Avenue-Bloomington 65th-66th 4006 Bloomington-16th Avenue 65th-66th 4007 Cedar-Longfellow Avenue 63rd-64th 4008 Cedar-Longfellow Avenue 64th-65th 4009 Cedar-Longfellow Avenue 65th-66th 4012 22nd-Standish Avenue 65th-66th 4013 13th-14th Avenue 66th-67th WHEREAS, the owner of each parcel within the area proposed to be assessed for the current maintenance services described in said resolution was mailed a copy of the required notice; and WHEREAS, ten days mailed notice and at least two weeks advance publication of the required notice was given as required by law; and WHEREAS, the public hearing was held on this 26th day of August, 1996, at which time all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Such alley maintenance is hereby ordered as proposed by resolution adopted July 8, 1996 2. The work to be performed may be by day labor, City force, by contract or by any combination thereof. Passed by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk is CITY OF RICHFIELD, MINNESOTA Council Letter No. 276 Agenda August 26, 1996 Issue Statement: Public hearing to consider specially assessing the Lyndale/HUB/Nicollet (LHN) area for current services for the period January 1 through December 31, 1997, proposed City Project No. 923. Background: The City Council has scheduled a public hearing for August 26, 1996 to consider the establishment of a special assessment district for current maintenance service costs in the LHN redevelopment area. Notice of this public hearing was mailed to all owners of commercial property in the area and was published in the official newspaper as required by law. The higher level of maintenance proposed to be provided in the area includes the trimming and watering of trees and plants, operation of a special street lighting system, removal of snow and ice from sidewalks and performance of other specialized maintenance functions. The estimated maintenance cost for the period January 1 through December 31, 1997 is $47,730. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. There is an agreement between the City and the businesses that the business shall maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. For comparison purposes, the following is provided related to the LHN maintenance special assessments for current services: 1985 Actual $35,726 1986 Estimated $52,900 1986 Actual $40,110 1987 Estimated $49,936 1987 Actual $45,694.16 1988 Estimated $50,142 1988 Actual $44,405.24 1989 Estimated $40,614 1989 Actual $43,151.19 1990 Estimated $44,560 i 1990 Actual $43,539.10 1991 Estimated $44,153 I'l n n 1991 Actual $43,825.22 1992 Estimated $46,484 1992 Actual $47,005.26 1993 Estimated $45,050 1993 Actual $34,866.01 1994 Estimated $45,115 1994 Actual $44,635.70 1995 Estimated $45,516 1995 Actual $36,105.50 1996 Estimated $46,080 1997 Estimated $47,730 Recommended Motion: Following the close of the public hearing, adopt the resolution ordering the LHN maintenance work for the period January 1, 1997 through December 31, 1997 (City Project No. 923) to be performed and the costs specially assessed. Basis of Recommendation: 1. Notice of the proposed assessment has been published in the official newspaper. 2. Each affected property owner has been notified of the proposed assessment. 3. Continued maintenance service for this commercial area is recommended in order to sustain the current standards for landscaping and maintenance which have been successful over the past years. Alternative Recommendation: 1. None. Discussion/Decision Mode: A public hearing has been scheduled for the August 26, R p ly submitted, Jame . Prosser City Manager JDP:cak 1996 City Council meeting. 40 / r D' 9 • • RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 1997 - CITY PROJECT NO. 923 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on August 26, 1996 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; C. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; 1. Painting and repair of wood furniture; and M. General maintenance, including repairs and replacement. 7-3 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 1997. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 275 Agenda August 26, 1996 Issue Statement: Continuation of the public hearing to consider specially assessing the 77th Street Project Area for current maintenance services for the period of January 1 through December 31, 1997 - City Project No. 922. Background: The City Council has scheduled a public hearing for August 26, 1996 to consider the establishment of a special assessment district for current maintenance service costs in the 77th Street Project Area between 1-35W and Cedar Avenue. The notice of the public hearing was placed in the official newspaper. However, the notices to all commercial property owners in the area were not mailed prior to the two week advance notice required by law. The higher level of maintenance proposed to be provided in the area includes the trimming and watering of trees and plants, repair of sidewalks, trash and litter removal, irrigation maintenance and repair, and removal of snow and ice from sidewalks, maintenance of the sound wall barrier and performance of other specialized maintenance functions. The estimated cost for the period January 1 through December 31, 1997 is $58,973. All commercial properties would be assessed on a square foot basis. For comparison purposes, the following is provided related to the former ILN/now 77th Street project maintenance special assessments for current services: 1988 Actual $7,001.47 77th St./Lyndale - Harriet Aves. 1989 Estimated $7,254 it 11 1989 Actual $6,135.54 " 1990 Estimated $7,514 " 1990 Actual $7,662.52 it 1991 Estimated $7,780 " " 1991 Actual $8,855.46 it 91 1992 Estimated $8,894 it " 1992 Actual $7,031.70 " 1993 Estimated $9,200 " 1993 Actual $3,614.94 " 1994 -0-* 1995 Estimated $18,000 77th St/35W - Portland Ave. 1995 Actual $10,569.06 1996 Estimated $33,795 77th St/35W - Cedar Ave. 1997 Estimated $58,973 After Construction & Warranties Completed $72,000 *Because the landscape work was not to be completed until 1994 and much of the work would have a guarantee period, the cost of performing the maintenance service in the I LN for 1994 was estimated to be $0. Recommended Motion: Continue the public hearing regarding specially assessing the 77th Street Project Area for current maintenance services for the period of January 1 through December 31, 1997-City Project No. 922 to the September 23, 1996 City Council meeting which will allow time to publish the legal notice in the official newspaper and meet the required two week advance notice to the affected property owners. Basis of Recommendation: 1. Notice of the proposed assessment has been published in the official newspaper. 2. Each affected property owner has not been notified of the proposed assessment. 3. Continued maintenance service for this commercial area is recommended in order to sustain the current standards for landscaping and maintenance which have been successful over the past years. Alternative Recommendation: None. Discussion/Decision Mode: A public hearing has been scheduled for the August 26, 1996 City Council meeting. However, the public hearing should be continued to September 23, 1996. Respe Ily submitted, James . Prosser City Manager JDP:cak ? , C-)-- • RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA - CITY PROJECT NO. 922 JANUARY 1 THROUGH DECEMBER 31, 1997 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by 1- 35W, 77th Street, 1-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property; and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof; and WHEREAS, following due notice, such public hearing was held on August 26, 1996 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of single family and two family residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; C. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; i. General maintenance, including repairs and replacement. • 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. I?--3 3. The designated period of the project shall be from January 1 through December 31, 1997. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • is s • CITY OF RICHFIELD, MINNESOTA Council Letter No. 274 Agenda August 26, 1996 Issue Statement: Public hearing and second reading of a transitory ordinance vacating a portion of West 77-1/2 Street. Background: On August 14, 1995 the City Council approved the vacation of 77-1/2 Street, except for the north half of that portion of the street adjacent to the former Conoco Station, 7700 Lyndale Avenue. That portion was not vacated to provide access to Lyndale Avenue for the station. The City, on behalf of its municipal liquor operations, and CSM Corporation, owners of the Shops at Lyndale, have agreed to share a joint access to Lyndale Avenue. A public street is no longer needed to provide access to Lyndale Avenue. Recommended Motion: Conduct a public hearing and hold second reading of a transitory ordinance to vacate a portion of West 77-1/2 Street. Basis of Recommendation: 1. This portion of West 77-1/2 Street is no longer needed for right-of-way. 2. The City and CSM have agreed to share joint access to Lyndale Avenue eliminating the need for a public street. 3. City Engineering recommends vacating the street and relocating the access onto Lyndale Avenue further to the south of the intersection of 77th Street and Lyndale Avenue. 4. Notice of the hearing was published in the Sun-Current. 5. The City Council held first reading on July 22, 1996 and set the public hearing and second reading for August 26, 1996. Alternative Recommendation: 1. Refer this vacation to the Planning Commission for review. 2. Deny the vacation. Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, August 26, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Resp c ; submitted, James Prosser City Ma ger JDP:cak • BILL NO. 1996- TRANSITORY ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF WEST 77-1/2 STREET THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The following described land has been dedicated to the public for street right-of-way purposes: The northerly one-half of West 77-1/2 Street as dedicated in the plat of STRAND'S SECOND ADDITION TO RICHFIELD, which lies easterly of the southerly extension of the east line of Lot 6, Block 1, in said Addition. Sec. 2. The fee owner of abutting land, the City of Richfield, has petitioned for the vacation of that part of West 77-1/2 Street as described in Section 1 of this ordinance. Sec. 3. The Council finds that there is no longer a public need for a street easement over that portion of West 77-1/2 Street as described in Section 1. Sec. 4. The street easement over that portion of 77-1/2 Street, as described in Section 1 of this ordinance, is hereby vacated. Passed by the City Council of the City of Richfield, Minnesota this 26th day of August, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 PROPOSED 77 1/2 STREET VACATION 77TH STREET 7700 LYNDALE AVENUE ? i I LIQUOR STORE SITE Q ? I Q ? 1 Z Q cr) M O N w z J? !Y w z w U w D Zi w Q w J D Z J 50' 0 ca ALREADY VACATED I r 4\? ?lv NORTH SCALE: 1" = 30' DATE: 7-12-96 SITE PLAN CITY OF RICHFIELD, MINNESOTA Council Letter No. 273 Agenda August 26, 1996 Issue Statement: Public hearing to appeal to the Board of Adjustment and Appeals of a decision made by the Community Development Director that the use of the building at 6722 Penn Avenue for motorcycle repair is a change in use from the previous use for small engine repair. Background: In March 1996, the owner of Select Custom Cycle contacted the Community Development Department to inquire about locating a motorcycle parts and repair business at 6722 Penn Avenue. Staff informed the owner that the sale of motorcycle parts is a permitted use at 6722 Penn Avenue (zoned C-2, general commercial) but that the repair portion of the business makes the use a public mechanical garage, which requires a conditional use permit. Several months later, staff observed that Select Custom Cycle was operating a business at 6722 Penn Avenue and was selling motorcycle parts and conducting repair without a conditional use permit or a business license. Staff informed the owner that the operation was in violation of City ordinances and the owner was given one week to submit a conditional use permit application. Upon receipt of the application, staff met with the owner to explain the conditions that need to be met to obtain a conditional use permit. According to the Uniform Building Code and State Building Code, which have been adopted for use by the City, motor vehicle repair is classified in a different occupancy classification than uses such as retail, storage or small engine repair. When a use or occupancy classification of a building changes, the use and the building must comply with the ordinance requirements for that particular use. The occupancy classification for motor vehicle repair requires installation of a sprinkler system for buildings of this size. In addition, the City's zoning ordinance requires that mechanical garages be separated from residential districts by a 15 foot buffer yard with fencing and landscaping. The owner of Select Custom Cycle does not own the building and is not in favor of making the required improvements. He is seeking relief from the interpretation of the Zoning Ordinance by City staff that the business is a change in use from the previous use of the building. Recommended Motion: Deny the request for an appeal of the Community Development Director's decision that the motorcycle repair business at 6722 Penn Avenue is a change in use from the previous small engine repair business and direct the business owner to proceed immediately with the conditional use permit process. q I Basis of Recommendation: 1. The Community Development Director, in consultation with the Assistant City Attorney, determined that repair of a motorcycle is a change in use from the previous small engine repair business because motorcycle repair is more similar to repair of an automobile than to a small engine in terms of the size of the engine, amount of fluid and types of repair to be conducted. 2. The City Building Official, Zoning Administrator and Fire Marshall concur with the Community Development Director's determination that motorcycle repair is a change in use from small engine repair and have applied the Building Code and Zoning Ordinance accordingly. 3. The 1994 Uniform Building Code and Minnesota State Building Code classify motor vehicle repair as a Group S occupancy, which requires installation of a sprinkler system for a building of this size. 4. The City Zoning Ordinance considers public mechanical garages to be conditional uses. Several conditions, including installation of a buffer yard next to residential districts, must be met to obtain a conditional use permit. 5. The owner of the business was informed several months ago that he would need a conditional use permit to conduct repairs at 6722 Penn Avenue. He neither applied for a conditional use permit nor appealed staff's determination at that time. 6. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet. Alternative Recommendation: Approve the request for an appeal and reverse the decision of the Community Development Director. Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, August 26, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Re t ully submitted, Jam s . Prosser City nager JDP:cak NORTH SCALE: 1" = 25' DATE: 8-19-96 SITE PLAN CITY OF RICHFIELD, MINNESOTA Council Letter No. 272 Agenda August 26, 1996 Issue Statement: Consideration of an application for a renewal of a residential kennel license for Lori Soderman, 6830 Columbus Avenue. Background: On August 2, 1996, Lori Soderman submitted an application for a residential kennel license. She owns three dogs. Ms. Soderman's application contains the signatures of contiguous property owners. On August 16, 1996, an inspection of the property was conducted by a Community Service Officer. There were no apparent'problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the residential kennel license. Staff received no calls or complaints from any of the neighbors. Although this application is for three dogs, it does not exceed the maximum number of six animals that was approved by the Council as policy on July 22, 1991. Recommended Motion: Staff recommends that the application for a residential kennel license for Lori Soderman, 6830 Columbus Avenue, be approved. Basis for Recommendation: 1. It is up to the animal owner to prove that the keeping of more than two dogs does not have an adverse effect on the neighborhood. Ms. Soderman has been able to do this. Alternative Recommendation: 1. The Council could decide to deny Ms. Soderman's residential kennel license. This would mean that she would have to reduce the number of dogs she has from three to two. Discussion/Decision Mode: Recommendation to approve the application for a residential kennel license for Lori Soderman, 6830 Columbus Avenue, is presented for Council consideration at this time. Respec Ily submitted, Ja es Prosser City nager JDP:cak 3h • CITY OF RICHFIELD, MINNESOTA Council Letter No. 269 Agenda August 26, 1996 Issue Statement: Consideration of an application for a commercial kennel license for Woodlake Veterinary Hospital, 6436 Lyndale Avenue. Background: On July 24, 1996, Woodlake Veterinary Hospital submitted an application for the renewal of their commercial kennel license. On August 7, 1996, a Community Service Officer conducted an inspection of the property. There were no apparent problems found at that time. Recommended Motion: Staff recommends that the application for a commercial kennel license for Woodlake Veterinary Hospital, 6436 Lyndale Avenue, be approved. Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a kennel license to Woodlake Veterinary Hospital. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Woodlake Veterinary Hospital, 6436 Lyndale Avenue, is presented for Council consideration at this time. Respe ul submitted, James . Prosser City Manager JDP:cak 0 8L-1 CITY OF RICHFIELD, MINNESOTA Council Letter No. 270 Agenda August 26, 1996 Issue Statement: Consideration of an application for a commercial kennel license for Animal Care Clinic, 6521 Cedar Avenue. Background: On July 26, 1996, Animal Care Clinic submitted an application for the renewal of their commercial kennel license. On August 7, 1996, a Community Service Officer conducted an inspection of the property. There were no apparent problems found at that time. Recommended Motion: Staff recommends that the application for a commercial kennel license for Animal Care Clinic, 6521 Cedar Avenue, be approved. Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a kennel license to Animal Care Clinic. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Animal Care Clinic, 6521 Cedar Avenue, is presented for Council consideration at this time. ubmitted, RespeVD.rosser James City Manager JDP:cak 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 271 Agenda August 26, 1996 Issue Statement: Consideration of an application for a renewal of a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue. Background: On July 25, 1996, Elaine Bergquist submitted an application for the renewal of her commercial kennel license. Ms. Bergquist's application had all contiguous property owners' signatures on it. On August 16, 1996, an inspection of the property was conducted by a Community Service Officer. There were no apparent problems found at that time. The City has adopted a policy that staff notify neighbors surrounding the area of the commercial kennel license when it is located in a residential neighborhood. Staff received no complaints from any of the other neighbors. Recommended Motion: Staff recommends that the application for a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, be approved. Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to a commercial kennel license. 2. The City has previously issued a kennel license to Elaine's Grooming. Alternative Recommendation: 1. The Council could decide to deny the request for a commercial kennel license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the application for a commercial kennel license for Elaine's Grooming, 7429 Humboldt Avenue, is presented for Council consideration at this time. Respe u y submitted, Jame D. Prosser City Ma ger JDP:cak 3C., CITY OF RICHFIELD, MINNESOTA Council Letter No. 268 Agenda August 26, 1996 Issue Statement: Application for a community celebration event license with a request for a fee waiver for Richfield Cattail Days events scheduled to take place on September 21 and 22, 1996. Background: This year, Visions 2004 has applied for a celebration event license and requests that the fee be waived for the activities that take place in Veterans Memorial Park on September 21 and 22, 1996. 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 and fee waiver for the Richfield Cattail Days to be held on September 21 and 22, 1996. Basis for Recommendation: 1. The applicant has complied with all of the provisions of the City application process and meets requirements for the fee to be waived. Alternative Recommendation: 1. 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 September 21 and 22, 1996. Discussion/Decision Mode: Consideration of the request for the issuance and fee waiver of a community celebration event license for September 21 and 22, 1996, for the Richfield Cattail Days is presented at this time. Resp submitted, James D. rosser City Manager 0 JDP:cak 36 CITY OF RICHFIELD, MINNESOTA Council Letter No. 267 Agenda August 26, 1996 Issue Statement: Request by the Church of St. Peter, 6730 Nicollet Avenue, for an itinerant place of amusement license for the 1996 Fall Festival to be held October 5 and 6, 1996. Background: In August, the Church of St. Peter submitted a request for an itinerant place of amusement license for October 5 and 6, 1996. They are requesting that the fee be waived. Recommended Motion: Approve the itinerant place of amusement license and fee waiver for Church of St. Peter 1996 Fall Festival to be held on August 5 and 6, 1996. Basis for Recommendation: 1. The applicant has complied with the City codes pertaining to this license. 2. The City has previously issued this license in conjunction with the St. Peter Fall Is Festival. Alternative Recommendation: 1. 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 this license in conjunction with the St. Peter Fall Festival. Discussion/Decision Mode: The request for this license has been placed on the consent calendar for August 26, 1996. Resp ctf y submitted, James . Prosser City Manager JDP:cak 0 9)9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 266 Agenda August 26, 1996 Issue Statement: Award of contract for replacement of play equipment at Roosevelt Park, vicinity of 77th Street and Fifth Avenue. Background: The Capital Improvement Budget adopted for 1996 includes $220,000 for replacement of play features at Christian Park, Lincoln Field, Augsburg Park, Roosevelt Park and Garfield Park. Roosevelt Park is located in the vicinity of 77th Street and Fifth Avenue. A portion of the equipment at Roosevelt Park is designed for teens; the remainder is designed for younger children. The wood product equipment currently on site was purchased and installed in 1975. Consumer Project Safety Commission guidelines and ADA (Americans with Disabilities Act) requirements have changed since the original installation. In addition, several pieces of the equipment had to be removed this summer for safety reasons. The wood was rotting away, and the equipment was beginning to fall apart. Bid packages were mailed to ten qualified bidders. Bids for play equipment at Roosevelt Park were opened according to legal requirements on August 13, 1996. Only one bid was received. The bid for the Roosevelt Park play equipment is as follows: Vendor Total Bid St. Croix Recreation Co., Inc. $57,916 Other vendors indicated they were too busy at this time to bid. One vendor submitted an alternate proposal which was rejected because it did not fit the site available, nor did it offer the same variety and quantity of components. Recommended Motion: Accept the bid minutes/tabulation and award a contract to St. Croix Recreation Co., Inc. in the amount of $57,916 for play equipment at Roosevelt Park. Basis of Recommendation: 1. The play equipment at Roosevelt Park was originally installed in 1975. Generally speaking, the life expectancy for wood product equipment is about 15 years. The play equipment at Roosevelt 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. 3A-I 0 3. The bid submitted by St. Croix. Recreation Co., Inc. was the lowest bid submitted by a responsible bidder meeting specifications. 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 August 26, 1996 Council meeting in order to facilitate the work on a timely basis. Respec Ily submitted, Jame . Prosser City Ma ager JDP:cak 0 CITY OF RICHFIELD, MINNESOTA • Bid Opening August 13, 1996 10:00 a.m. Roosevelt Park Playground Equipment City Project No. 318-9180 City Bid No. 96-18 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 Roosevelt Park playground equipment, bid no. 96-18, as advertised in the official newspaper on July 31, 1996. Present: Thomas Ferber, City Clerk Steven Devich, Administrative Services 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 St. Croix Recreation Co., Inc. Stillwater, MN 5% Bid Bond $ 57,916.00 The City Clerk announced that the bids would be tabulated and considered at the August 26, 1996 City Council Meeting. Thomas P. Ferber City Clerk 0