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10-26-92 agenda CITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 26, 1992 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF OCTOBER 12, 1992 PRESENTATIONS 1. OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 26-30, 1992 ev DISABILITY EMPLOYMENT AND AWARENESS WEEK IN THE CITY OF RICHFIELD COUNCIL LETTER NO. 237 AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR NOTE: 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. 4A. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING $2,160,000 REFUNDING BOND SALE OF GENERAL OBLIGATION STORM SEWER REVENUE BONDS OF 1986 C.L. 238 B. CONSIDERATION OF APPROVAL OF RESOLUTION FOR REIMBURSEMENT OF 40 TUITION FOR TECHNICAL CERTIFICATION AND APPROVAL OF TUITION REIMBURSEMENT AGREEMENT BETWEEN CITY OF RICHFIELD AND MNDOT` C.L. 239 t• C. CONSIDERATION OF APPROVAL OF AGREEMENT WITH CONCEPT ENVIRONMENTAL SERVICES, INC. TO COMPLETE ASBESTOS ANALYSIS FOR 77TH STREET RECONSTRUCTION PROJECT FOR AN AMOUNT NOT TO EXCEED $13,100 C.L. 240 PUBLIC HEARING 5. CONSIDERATION OF OFF-SITE DIRECTIONAL SIGN PERMIT AT 100 WEST 78TH STREET FOR MOTEL 6 COUNCIL LETTER NO. 241 RESOLUTION ,6. CONSIDERATION OF RESOLUTION AUTHORIZING A STUDY TO BE ?/ CONDUCTED PERTAINING TO SECONDHAND GOODS STORES, PAWN SHOPS AND SIMILAR USES AND PLACING MORATORIUM ON DEVELOPMENT OF SUCH USES COUNCIL LETTER NO. 242 PROPOSED ORDINANCE 11 7. CONSIDERATION OF FIRST READING OF INTERIM ORDINANCE FOR PURPOSE OF PROTECTING PLANNING PROCESS AND HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND REGULATING AND RESTRICTING DEVELOPMENT OF SECONDHAND GOODS STORES, PAWN SHOPS AND SIMILAR USES WITHIN CITY COUNCIL LETTER NO. 243 ADMINISTRATIVE REPORTS & OTHER BUSINESS 8. CONSIDERATION OF APPROVAL OF BYLAWS FOR SOUTH HENNEPIN REGIONAL PLANNING AGENCY FOR HUMAN SERVICES COUNCIL LETTER NO. 244 9. CONSIDERATION OF RESPONSE TO GOVERNOR'S SURVEY REGARDING STATE OF MINNESOTA'S FINANCIAL OUTLOOK COUNCIL LETTER NO. 245 10. CONSIDERATION OF APPROVAL OF MAYOR'S APPOINTMENT OF HOUSING AND REDEVELOPMENT AUTHORITY COMMISSIONER COUNCIL LETTER NO. 246 AIRPORT BUSINESS 11. AIRPORT STATUS REPORT CORRESPONDENCE 12. LEGISLATIVE REPORT COUNCIL CHOICE 13. COUNCIL DISCUSSION ITEMS 14. CLAIMS AND PAYROLLS 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. LJ 0 'D CITY OF RICHFIELD, MINNESOTA Council Letter No. 246 Agenda October 26, 1992 Issue Statement: Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner. Background: The term of HRA Commissioner Tom Harms will expire in October 1992. Commissioner Harms was appointed to the HRA in 1980 and has served as Chair since his appointment. Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated he will make an appointment to the HRA for a five year term at the October 26, 1992 Council meeting. Recommended Motion: Confirm the Mayor's appointment of a Commission to the Housing and Redevelopment Authority for a five year term which will expire in October 1997. Basis of Recommendation: 1. An appointment needs to be made for a term which expires in October 1992. • Alternative Recommendation: 1. Continue the appointment to a future Council meeting. Discussion/Decision Mode: This item has been scheduled for the October 26, 1992 Council meeting so the appointment can be made to ensure a full complement of members on the Housing and Redevelopment Authority. ly submitted, J me D. Prosser Ci Manager JDP:cak 0 8 CITY OF RICHFIELD, MINNESOTA • Council Letter No. 244 Agenda October 26, 1992 Issue Statement: Consideration of approval of bylaws for the South Hennepin Regional Planning Agency for Human Services. Background The South Hennepin Regional Planning Agency for Human Services has recently been re-established. It is appropriate for the agency to establish new bylaws to govern their operation. Attached is a set of bylaws which have been developed with the City Managers from the participating cities of Bloomington, Eden Prairie, Edina and Richfield. The City Managers have recommended the bylaws be reviewed by each of the cities and approved by the city councils. Recommended Motion: Review and approve the attached bylaws. Basis of Recommendation: The bylaws appear to properly provide for governing of the agency. Alternative Recommendation: • The Council may decide to recommend alterations to the bylaws as appropriate. Discussion/Decision Mode: This matter will be presented at the Council meeting of October 26. Res ully submitted, Ja D. Prosser Cit' Manager JDP:ds Copy: Jeanne Massey, SHeRPA Director of Planning 1? 3-/ 1 BYLAWS 2 of the • 3 REGIONAL CITIZENS ADVISORY COMMISSION 4 SOUTH HENNEPIN REGIONAL PLANNING AGENCY 5 FOR HUMAN SERVICES 6 MISSION STATEMENTS 7 Citizens Advisory Commission Mission Statement 8 To work cooperatively with others towards creating an environment in which individuals 9 are empowered to identify their needs and use the resources of the community to their 10 benefit. 11 South Hennepin Regional Planning Agency Mission Statement 12 To assure that the human service needs of South Hennepin County residents are identified 13 through the use of research and planning, and where possible, met through the 14 coordination of service providers. • 15 ARTICLE I. 16 Name 17 1.1) The name of this organization shall be the Regional Citizens Advisory Commission 18 (referred to herein as "the Commission") of the South Hennepin Regional Planning 19 Agency for Human Services (referred to herein as "the Agency"). 20 References to the South Hennepin Regional Planning Agency 21 Joint and Cooperative Agreement 22 1.2) Sections 1.2 - 1.12, 2.1 - 2.8, 3.1, 3.5, 4.2, 5.1, 5.7, 6.1 and 6.3 of the bylaws are 23 stipulated in the Joint Powers Agreement of the South Hennepin Regional Planning 24 Agency. They shall be amended in accordance with amendments in the Joint 25 Powers Agreement. They cannot be amended through the powers of the bylaws of 26 the Commission. Each section includes a reference to the article and section 27 number in the Joint Powers Agreement (e.g. JPA V.1) • 9/24/92 1 1 Definitions 2 1.3) For the purposes of these bylaws, the terms defined in this article shall have the 03 meanings given to them. '(JPA II) 4 1.4) The participating Parties (Cities) are Bloomington, Eden Prairie, Edina, and 5 Richfield; and are collectively known as the South Hennepin Area. 6 1.5) The "South Hennepin Regional Planning Agency Joint and Cooperative 7 Agreement" is referred to herein as the "Joint Powers Agreement" or "JPA." 8 1.6) "South Hennepin Regional Planning Agency," or "Agency,"-means the organization 9 created pursuant to the Joint Powers Agreement, which is formally known as the 10 "South Hennepin Regional Planning Agency for Human Services." 11 1.7) "Board" means the Board of Directors of the Agency, and consists of the City 12 Managers of each Party. • 13 14 15 16 17 18 19 20 21 11 1.8) "City Council" means the governing body of a Party 1.9) "Party" (hereafter referred to as City) means a governmental unit which enters into the Joint Powers Agreement. 1.10) "Human Services" includes but is not limited to services and facilities to deal with and serve human needs. 1.11) "Regional Citizen Advisory Commission" means an advisory Commission which consists of two representatives from a local advisory group for each City, one City Council member from each City, and one human services staff person from each city. 9/24/92 2 J-3 1 1.12) "Local Advisory Group" means the Commissions, committees or other 2 organizations which advise individual Cities on issues relating to human services. 3 ARTICLE U. 4 Membership and Composition 5 2.1) Voting members of the Commission shall consist of three representatives of each 6 participating City appointed by that City's Council, consisting of two 7 representatives from local advisory groups and a City council member. (JPA V.2) 8 2.2) Non-voting (advisory-only) Commission members include one human services staff 9 person (the City Liaison) from each participating City as designated by the City 10 Manager. (JPA V.2) 11 2.3) The Commission shall annually notify the Cities of the names and occupations of 12 each of its members and make recommendations as to representation needs based 13 on the following criteria: (JPA VA) ?4 a.) Representation from the racial, ethnic, and cultural backgrounds of 15 residents of the South Hennepin area. 16 b.) Representation from health professionals, administrative officials, 17 senior citizens, young adults of voting age, law enforcement 18 personnel, members of the clergy, representatives of business and 19 labor, persons with a disability, and others with special concerns 20 related to human service activities. 21 2.4) Insurance (JPA VII,11). 22 23 Appointment and Duration of Term 24 2.5} Appointments of voting members by City Councils shall be made in January of 25 each year and are encouraged to be made within 30 days of the occurrence of a 26 vacancy. (JPA V.2) i 9/24/92 3 1 2.6) Appointments of voting members shall be for a term of two years commencing on 2 February 1, or until their successor is named. (JPA V.2) • 3 2.7) Voting Commission members shall serve no more than three consecutive terms. 4 The term of the Commission member removed from the Commission by the 5 appointing city council shall terminate immediately upon such action by the 6 Council. (JPA, V.2 and VA) 7 2.8) Each City council shall adjust terms upon initial appointments and upon 8 subsequent appointments from time to time, as necessary, so that terms shall be 9 staggered to the extent possible. (JPA V.2) 10 2.9) Commission members who choose to resign shall tender letters of resignation to 11 their City council with a copy to the Senior Planner. 12 2.10) In the event any Commission member has three consecutive unexcused absences, • 13 the City Council that appointed him/her will be notified. 14 ARTICLE III. 15 Meetings 16 3.1) The Commission shall hold its organizational meeting in February of each year, 17 and meet at least quarterly thereafter. A schedule of regular meetings shall be 18 approved at the organizational meeting. (JPA V.5) 19 3.2) The Commission will meet at least once annually with the Board of Directors. 20 3.3) Additional meetings of the Commission may be scheduled as necessary. Meetings 21 may be called by the Commission chair, or two members of the executive 22 committee, or by petition of three or more members of the Commission. WNW 4 S-5- 1 3.4) Unless otherwise provided, regular meetings of the Commission shall be • 2 determined by the Commission. All meetings of the Commission shall be 3 preceded by proper public notification and shall be conducted in accordance with 4 the state open meeting law, Minnesota Statutes, Section 471.705. 5 3.5) Each voting member of the Commission shall have one vote, and there is no proxy 6 voting. A quorum of the Commission shall consist of fifty percent (50%) plus one 7 of the eligible voting members, so long as there is at least one voting 8 representative of each City present at any regular or special meeting of the 9 Commission. A majority of the quorum is necessary to decide any matters that 10 come to a vote. One representative for each City must be present for each. vote to 11 decide matters that come to a vote. (JPA V.2) 12 3.6) Meetings of committees may be called at any time by the chair, or the lead 13 member of the committee. All meetings of the committees shall be preceded by 14 proper public notification and shall be conducted in accordance with the state open • 15 meeting law, Minnesota Statutes, Section 471.705. 16 3.7) Notice of special meetings shall be given to each member at least three (3) days in 17 advance of the day of the meeting. 18 3.8) Agendas shall go out before each Commission meeting. 19 ARTICLE IV. 20 The Advisory Process 21 4.1) The Commission may prepare statements of policy which shall serve to provide the 22 framework for its advisory responsibility on all matters. 23 4.2) The Commission shall identify matters of common concern of the member Cities, 24 and make recommendations regarding the annual work plan and goals and 1025 objectives of the Agency. (JPA V.1) 9/24/92 5 g-6 1 .4.3) The Commission may prepare and recommend processes and procedures in 102 addition to the bylaws, which shall serve to guide the Commission and Agency in 3 the pursuance of its duties. 4 ARTICLE V. 5 Officers 6 5.1) At the organizational meeting of each year, members of the Commission shall elect 7 from its membership a chair, a first vice chair, a second vice chair, and a secretary 8 In addition, it shall elect such other officers as it deems necessary. (JPA V.5) 9 5.2) The term of office of all elected officers of the Commission shall be for one (1) 10 year, or until their successors have been elected.. Such terms shall begin 11 immediately in the event of a vacancy, or. at the organizational meeting. 12 5.3) The chair of the Commission shall preside at all meetings of the executive • 13 committee and Commission and perform all duties incident to this office. The 14 chair shall, subject to the approval of the Commission, appoint all Commission 15 committees and task forces and their chairs, and shall be an ex-officio member of 16 all committees. The chair shall be the chief spokesperson for the Commission. 17 5.4) The first vice chair shall be given such duties as may be assigned by the chair of 18 the Commission. 19 5.5) In the event of the absence of the chair, the first vice chair shall act as the chair; 20 or, in the event of the absence of both the chair and the first vice chair, the second 21 vice chair shall act as the chair; or, in the absence of the chair and both vice 22 chairs, the secretary shall act as the chair; or in the absence of the four named 23 officers, a voting member of the Commission shall be chosen to temporarily act as 24 chair. 0 9/24/92 6 k_7 1 5.6) The Secretary of the Commission shall ensure that an accurate record of all the 02 proceedings of the Commission is maintained. 3 5.7) The Senior Planner and other staff of the Agency will provide staff services to the 4 Commission. The Senior Planner is hired by and reports to the Board of Directors. 5 (JPA VII.7) 6 7 8 9 10 11 12 0, 14 15 16 17 18 19 20 21 22 23 ARTICLE VI. Executive Committee 6.1) The executive committee shall consist of the chair, two vice-chairs, a secretary, and others as designated by the Commission. (JPA V.7) 6.2) The executive committee shall meet as needed. 6.3) In the interim between meetings of the Commission, the executive committee shall exercise those powers conferred upon it from time to time by authorization of the Commission. The executive committee may refer matters brought before it to any committee. (JPA V.7) ARTICLE VII Nomination and Election of Officers 7.1) The chair shall appoint a nominating committee, which shall consist of no fewer than four (4) persons (to represent each of the four Cities) and shall be subject to confirmation by the Commission. The nominating committee shall meet no later than twenty-one (21) days prior to the organizational meeting in February. 7.2) It shall be the duty of the nominating committee to place in nomination the office of chair, first and second vice chairs, secretary and such other officers as designated by the Commission. 9/24/92 7 1 7.3) The names of the nominees placed in nomination by the nominating committee 162 shall be sent to Commission members ten (10) days prior to the organizational 3 meeting. Nominations also will be accepted from the floor at the organizational 4 meeting. 5 7.4) The election of officers requires a majority vote of the quorum. One representative 6 from each City must be present for the vote. 7 7.5) The names of the newly elected officers shall be communicated to the Board of 8 Directors and City Councils of each participating City. 9 ARTICLE VIII. 10 Committees 11 8.1) The Commission shall authorize and define the powers and duties of all 12 committees that it creates. 4?3 8.2) The chair, with the approval of the Commission at the organizational meeting after 14 the annual election, shall appoint the members of all commission committees and 15 their chairs, and shall be an ex officio member of all committees. Special 16 committees may be appointed at any time by the chair with the advice of the 17 executive committee. 18 8.3) Committees should include representation from each of the participating Cities. 19 ARTICLE IX. 20 Amendments 21 9.1) These bylaws may be amended, added to, or repealed by the Commission, subject 22 to review by the Board of Directors and approval by the City Councils. • 9/24/92 8 rY OF RICHFIELD, MINNESOTA Council Letter No. 245. Agenda October 26, 1992 Issue Statement: Consideration of response to the Governor's State of Minnesota's financial outlook. Background: Governor Carlson has requested that the Mayor complete a survey regarding state finance problems. A draft letter has been prepared based upon Mayor and City Council Members' direction. That draft is provided for review and comment. Recommended Motion: Comment on the attached draft. Manager regarding disposition Provide direction of comments. Basis for Recommendation: 1. The City should provide survey request. The survey form provided by the Governor's office did not provide an adequate opportunity to specifically address state and city finance issues. Alternative Recommendation: The survey response is not due until December 1. Council Members may wish to discuss this item at the Council meeting of October 26, may defer action to a later date, or provide individual comments to the City Manager for a redraft and presentation to the Council at a later date. Discussion/Decision Mode: This matter is presented for consideration meeting of October 26. Respectfully submitted, James Prosser City ager 9-I • October 22, 1992 Governor Arne H. Carlson Room 130 State Capitol St. Paul, MN 55155 Dear Governor Carlson: The City of Richfield greatly appreciates the provide input directly to your office on the of state finances. The information that you City has been shared with all of our Council DRAFT opportunity to very important issue have provided to the Members. We apologize for not responding specifically to the survey form that was mailed to us, however, this form did not provide the opportunity for an objective and open response. A careful review • of the information provided by your office and an understanding of our financial situation has led us to the following conclusions and recommendations: ? The City of Richfield agrees with the conclusion that the problem with state finances is not lack of revenue, but the spending level. However, we must at the same time conclude that the problem with state spending levels is not that too much money has been provided to cities. In fact, the City of Richfield has seen its certified Local Government Aid payment reduced from $4,433,285 in 1990 to $3,015,710 in 1992; a $1.4 million decrease in local government aid returned to our City since 1989. Overall, city budgets within the state have shown less of an increase than state budgets. The culprit is not local government spending. It is state spending in other areas. ? Cities are not receiving too much money from the state. In virtually every state, cities receive a portion of state- collected revenue. In Minnesota, the state has provided cities a portion of state sales and income tax paid by our residents. That money is returned to cities so that we can provide a better balance of revenue necessary to fund local government programs. These are programs to serve people in our communities; services requested by our residents. We know • that because we see these people on a daily basis in our neighborhoods, in our businesses, in our churches and in our schools. Compared to other levels of government, we are q -C9- Governor Arne H. Carlson DRAFT October 22, 1992 Page 2 closest to those who we serve. As a result of previous state cuts, we have had to, on one hand, curtail some services, and also, increase some of the costs for services. We have already done our part to help the state balance their budget. We think we've provided adequate support. ? The real increase in local government aid provided to cities is projected to grow at 2.7%. A 13%.projected growth in local aids and property tax relief is identified in your report to us. However most of the growth in HACA represents the class rate reductions for higher valued homes, rental property and C/I property over a three year period. This is a tax shift based upon a state policy. The cost of this should not be borne by local governments. ? The state financial analysis provided to the cities obscures the real problem with state spending. The problem is that the overriding driver of increased cost of state government is the state human service budget. We are not saying that these services should not be funded. However, the state cannot • afford to continue to provide these services by shifting a greater burden onto local governments. A more permanent solution for this budget problem must be found and must be in place as soon as possible. ? It is essential that the Governor live uD to the promise that the two cents in the local government trust fund be preserved for local governments and their programs. The fund's payment to this program should increase or decrease as the two cent sales tax increases or decreases according to the economy. This money should not be considered state money. It is the money from our residents' sales tax which was promised to be used to help for necessary services at the county and city levels. ? Cities need state shared revenue to diversifv our revenue base. The City of Richfield receives only 20% of property taxes levied in our City. Other than this small share of the property taxes, there are no other significant revenue sources available for local general fund services that people need. ? State finance reports reveal that the first quarter fiscal year 1993 revenues were $111 million or 7% above expectations. Clearly, the state should not find a reason to decrease their, commitment to provide a portion of this revenue to local • governments. 9-3 • Governor Arne H. Carlson October 22, 1992 Page 3 DRAFT In summary, the state's financial problems are not the result of city spending. They are the result of state spending. The state faces very difficult choices regarding how to fund necessary human service programs. But the answer is not to decrease services or increase taxes at the local level. We have not been the problem. We have already borne more than our share of the cost to help balance the state budget. It is time that the state faces the need to address their own problems and not pass the buck. We look for your leadership to make sure that this happens. Sincerely, Martin J. Kirsch Mayor William Bullock Council Member Ivan Ludeman Council Member Kristal Stokes Michael Sandahl Council Member Council Member :ds Copy: Lynn Fleming, Richfield Sun Current MINNESOTA DEPARTMENT OF REVENUE LOCAL GOVERNMENT SERVICES DIVISION `-? MAIL STATION 3340 SAINT PAUL, MINNESOTA 55146-3340 PHONE: (612) 296-5141 AID NOTICE JULY 18, 1991 FINANCE DIRECTOR CITY HALL RICHFIELD CITY OF 6700 PORTLAND AVE SO RICHFIELD MN 55423 AUGUST 31 AND DECEMBER 15, 1991 AID PAYMENTS NOTICE LOCAL GOVERNMENT AID - DECEMBER 15 S 1,548,923 EQUALIZATION AID - DECEMBER 15 $ 60 HOMESTEAD AND AGRICULTURAL CREDIT AID (HACA) - DECEMBER 15 S 841,077 DISPARITY REDUCTION AID - AUGUST 31 S 0 - DECEMBER 15 S 0 TOTAL AUGUST AND DECEMBER 1991 AID PAYMENTS $ 2,390,060 --------------------------------------------------------------------------------------- 1992 LOCAL GOVERNMENT AID NOTICE THE 1992 LOCAL GOVERNMENT AID FOR YOUR CITY IS S 3,015,710 • THE FOLLOWING IS A LISTING OF THE FACTORS USED IN THE CALCULATION OF YOUR CI TY'S 1992 LOCAL GOVERNMENT AID. SEE THE ENCLOSED LETTER FOR AN EXPLANATION OF TH ESE FACTORS AND FOR ADDITIONAL INFORMATION CONCERNING THE DETERMINATION OF YOUR CITY'S LOCAL GOVERNMENT AID. 1. 1991 LOCAL GOVERNMENT AID BEFORE ALL REDUCTIONS: * S 3,418,239 2. REDUCTION UNDER THE 1991 TAX LAW: S 397,247 3. 1992 LOCAL GOVERNMENT AID BEFORE REDUCTION FOR STATE COSTS (1 - 2): ** $ 3,020,992 4. REDUCTION FOR STATE COSTS: $ 5,282 5. FIP:AL 1992 LOCAL GOVERNMENT AID (3 - 4): $ 3,015,710 * FROM LINE 3 OF THE CITY'S 1991 LOCAL GOVERNMENT AID NOTICE. ** CANNOT BE LESS THAN ZERO. 0990 LOCAL GOVERNMENT AID NOTICE PRESENT LAW PROVISIONS AS OF JULY 25, 1989 FINANCE DIRECTOR CITY HALL RICHFIELD CITY OF 6700 PORTLAND AVE SO RICHFIELD MN 55423 THE 1990 LOCAL GOVERNMENT AID FOR YOUR CITY IS $ 4,433,285 AUGUST 15, 1989 THE FOLLOWING IS A LISTING OF THE FACTORS USED IN THE CALCULATION OF YOUR CIT•Y'S 1990 LOCAL GOVERNMENT AID. SEE THE ENCLOSED LETTER FOR AN EXPLANATION OF THESE FACT ORS ,AND FOR ;ADDITIONAL INFORMATION CONCERNING THE DETERMINATION OF YOUR `CITY 'S LOCAL' GOVERNMENT AID. 1. 1989 LOCAL GOVERNMENT AID: S 4,042,543 2. PAYABLE 1989 PROPERTY TAX LEVY: S 5,270,682 3. CITY REVENUE (1 + Z): S 9,313,225 4. 1989 HOUSEHOLD ESTIMATE: 15,743 5. BASE 10 LOGARITHM OF HOUSEHOLD ESTIMATE: 4.197087 6. BASE REVENUE GUARANTEE ($160 + $150 X (LINE 5 - NUMERAL 1) ) $ 640 7. 1986 POPULATION ESTIMATE: 36,891 8. 1989 POPULATION ESTIMATE 34,876 9. REVENUE GUARANTEE INCREASE FOR FIRST CLASS AND NON-METRO CITIES: $ 10. REVENUE GUARANTEE INCREASE FOR POPULATION DECLINE FROM 1986 - 1989 (6 X 15;.'): $ 96 01. TOTAL REVENUE GUARANTEE INCREASE (9 + 10): $ 96 2. CITY REVENUE GUARANTEE C (6 + 11) X 4 X 1041): $ 12,050,322 13. 1988 NET TAX CAPACITY: $ 27,479,822 14. PAYABLE 1989 FISCAL DISPARITIES DISTRIBUTION LEVY: $ 821,789 15. CITY TAX CAPACITY ((13 X 237.) + 14): $ 7,142,148 16. CITY INITIAL AID (12 - 15): $ 4,908,174 17. CITY EXPENDITURE/UNLIMITED AID RATIO (3/12): .77 18. AID PERCENTAGE INCREASE: 4.25 19. FORMULA AID INCREASE (3 X 18): $ 395,812 20. PAYABLE 1989 GROSS TAX EXCLUDING DISTRIBUTION LEVY: $ 4,448,893 21. MAXIMUM 1990 LOCAL GOVERNMENT AID INCREASE (LESSER OF 16 OR 20 X 20%)$ 889,779 Z2. 1990 LOCAL GOVERNMENT AID INCREASE (LESSER OF 19 OR 21): $ 395,812 23. 1990 LOCAL GOVERNMENT AID (1 + 22): $ 4,438,355 24. REDUCTION FOR STATE COSTS (23 X .0011424): $ 5,070 25. FINAL 1990 LOCAL GOVERNMENT AID (23 - 24): $ 4,433,285 MINNESOTA DEPARTMENT OF REVENUE LOCAL GOVERNMENT SERVICES DIVISION MAIL STATION 3340 SAINT PAUL, MINNESOTA 55146-3340 PHONE: (612) 296-5141 7 0 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 243 Agenda October 26, 1992 Issue Statement: Consideration of an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of City residents and regulating and restricting the development of secondhand goods stores, pawn shops and similar uses within the City. Background: The City Council has just considered adoption of a resolution authorizing a study and imposing a temporary moratorium on licensing of secondhand goods stores, pawn shops and similar uses within the City in order to provide an adequate opportunity for the study to be completed. It is appropriate for the Council to consider by ordinance imposing a moratorium for a period of one year. The moratorium could be removed prior to that time by City Council action. Recommended Motion: Adopt an interim ordinance restricting development of secondhand goods stores, pawn shops and similar uses within the City for a period of one year. Basis for Recommendation: 1. Allow adequate opportunity for study of this issue. 2. Allow adequate opportunity for Planning Commission and City Council consideration. Alternative Recommendation: 1. The Council may decide not to institute a moratorium but to continue with the study. 2. If the Council does not approve the resolution authorizing the study then it would be inappropriate to consider this ordinance. Discussion/Decision Mode: This matter will be presented meeting of October 26. for action at the City Council Resp tfully submitted, J m D. Prosser C't' Manager JDP:ds '1-1 0 ORDINANCE NO. INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS, PAWNBROKER, AND SIMILAR USES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01. The City's zoning ordinance does not contemplate or adequately address the classification of secondhand goods stores, pawnshops, and other similar uses. 1.02. The City's zoning ordinance is unclear as to whether uses such as secondhand goods stores, pawnshops, and rummage shops should be classified as "retail stores," which are permitted uses in a C-2 general commercial zoning district, or whether a new classification should be adopted for those uses. 1.03. In addition to the proper uses, there are a number use issues pertaining to including the following: zoning classification of such of significant planning and land the regulation of such uses, 1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City and its neighborhoods. 3. The effect of such uses on other uses in the surrounding area. 1.04. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to such uses. Such a study will address the land use and zoning issues, including those referenced above. The study will also address the City's licensing regulations regarding secondhand goods stores and pawnshops and the extent to which the licensing regulations require modifications in order to maintain harmony and consistency between the zoning and licensing regulations. `J I ID?, 1.05. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.06. The City Council has directed that such a study by undertaken. . 1.07. Minnesota Statues, section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. Section 2. Planning and Zoning Study; Moratorium. 2.01. A study is authorized to be conducted by City staff to. determine how uses such as secondhand goods stores, pawnshops, and other similar uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; d. the need, if any, for modifications to the licensing regulations regarding secondhand goods stores and pawnshops. 2.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 2.03. A moratorium on the development of secondhand goods stores and pawnshops is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire on November 26, 1993 or such earlier date as may be further adopted by ordinance. The moratorium period may . be extended for a reasonable time by ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. ?-3 Section 3. Effective Date. • This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this th day of 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk • 0 ("I'-) CITY OF RICHFIELD, MINNESOTA Council Letter No.242 Agenda October 26, 1992 Issue Statement: Consideration of a resolution authorizing a study to be conducted pertaining to secondhand goods stores, pawn shops and similar uses and placing a moratorium on development of such uses. Background: The City zoning ordinance does not contemplate or address the classification of secondhand goods stores, pawn shops and other similar uses. The ordinance is unclear as to whether such uses, such as secondhand goods stores, pawn shops and rummage shops should be classified as retail stores which are permitted uses in C-2 general commercial zoning districts or whether a new classification should be adopted for those uses. The City has currently licensed three secondhand goods stores, pawn shops and similar uses. However, a number of questions have been.raised whether or not it is appropriate to continue to permit classification of these types of stores as retail stores. Recommended Motion: Authorize a study to be conducted pertaining to secondhand goods stores, pawn shops and similar uses and place a moratorium on • development of such uses pending the outcome of the study and analysis by the City Council. Basis for Recommendation: 1. The study should be conducted to include an analysis of the particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The density and concentration of such uses. 3. The effect of such uses on other uses in surrounding areas should be identified. 4. The need for modifications to the licensing regulations should also be considered. This information should be considered by the Planning Commission for review and recommendation to the City Council. 5. A moratorium should be considered in order to provide an opportunity for the study to be completed, analyzed and reviewed by City Council. 6. A resolution authorizing a moratorium pending the adoption of an ordinance is an appropriate mechanism to institute an opportunity for analysis. Alternative Recommendation: 1. The Council may decide not to authorize a study. (I 2. The Council may decide not to authorize a moratorium. Discussion/Decision Mode: This matter is presented for action at the City Council meeting on October 26. Respe t ly submitted, Jame Prosser City pager JDP:ds C? • RESOLUTION NO. RESOLUTION AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO SECONDHAND GOODS STORES, PAWNSHOPS, AND SIMILAR USES AND PLACING A MORATORIUM ON THE DEVELOPMENT OF SUCH USES WHEREAS, the City's zoning ordinance does not contemplate or adequately address the classification of secondhand goods stores, pawnshops, and other similar uses; and WHEREAS, the City's zoning ordinance is unclear as to whether uses such as secondhand goods stores, pawnshops, and rummage shops should be classified as "retail stores," which are permitted uses in a C-2 general commercial zoning district,, or whether a new classification should be adopted for those uses; and WHEREAS, the City Council deems it necessary for a study to be conducted to determine how such uses should be regulated within the City and deems it desirable to place a moratorium on the development of such uses until the study has been completed and any amendments to the comprehensive plan and zoning ordinance are adopted. • NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The City staff is directed to conduct a study to determine how uses such as secondhand goods stores, pawnshops, and other similar uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; d. the need, if any, for modifications to the licensing regulations regarding secondhand goods stores and pawnshops, so as to maintain harmony and consistency between the City's zoning and licensing regulations. 2. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and . recommendation to the City Council. ()r3 ??// 3. A moratorium on the development of secondhand goods stores and pawnshops is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No license or building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period created under this resolution shall expire November 26, 1993 or such earlier date as may be further adopted by resolution of the City Council or ordinance. The moratorium period may be extended for a reasonable time by resolution of the City Council or ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. 4. This resolution is effective immediately upon its adoption. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October 1992. Martin J. Kirsch Mayor • ATTEST: Thomas P. Ferber City Clerk 5 CITY OF RICHFIELD, MINNESOTA Council Letter No.241 Agenda October 26, 1992 Issue Statement: Public hearing on consideration of an off-site directional sign permit at 100 West 78th Street. Background: Adams Outdoor Advertising has submitted an application for an off-site directional sign permit at 100 West 78th Street. The off-site directional sign is for Motel 6 at 7640 Cedar Avenue. The City Code allows off-site directional signage provided specific location, sign and impact conditions are met. Recommended Motion: Approve the off-site directional sign permit at 100 West 78th Street. Basis of Recommendation: 1. This proposal meets the requirements for issuance of an off-site directional sign permit. 2. The State of Minnesota has reviewed and approved this proposal. • Alternative Recommendation: The City Council could deny this request with a finding that the proposal does not meet the requirements set forth for issuance of the permit, and that the proposal would have an adverse impact on the surrounding properties. Discussion/Decision Mode: A public hearing is scheduled at 7:00 p.m. on Monday, October 26, 1992. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Notice of public hearing was mailed to property owners within 350 feet and published in the Sun-Current. Respe ly submitted, James D Prosser City Manager JDP:ds g3jom3L49M :. ks) z 0 O L 4 .? ?... T. - T O O L ? ? O .O ? U 2 CV O v • -1 -1 ?Z L 4 qC, CITY OF RICHFIELD, MINNESOTA • Council Letter No. 240 Agenda October 26, 1992 Issue Statement: Approval to enter into contract to complete asbestos analysis for the 77th Street Reconstruction Project. Background: In accordance with federal regulations and as part of the mitigation measures for construction impacts outlined in the 77th Street Environmental Assessment, the City is required to conduct asbestos investigations of approximately 50 houses and 4 businesses along 77th Street. The buildings will either be moved off site or demolished. Most of the houses involved in this investigation are single family, wood construction, built in the 19501s. The businesses are listed below: Site A - Video Update/7645 Nicollet Avenue Site B - Total Petroleum/7645 Lyndale Avenue Site C - Don's Appliance & Adjacent Insurance Office/ 7648 Lyndale Avenue Site D - Office Building/7701 Harriet Avenue The scope of the work includes: . 1. Field investigation and testing of houses for asbestos which will affect the method of demolition and/or disposal of demolition debris. 2. Provide a written report discussing the findings of the investigation, including recommendations. 3. All work shall meet applicable standards, including but not limited to: - Minnesota Pollution Control Agency; - Minnesota Department of Health; OSHA; - Environmental Protection Agency; - Minnesota Department of Transportation; and - Federal Highway Administration. Four firms submitted proposals to complete the work. The firms and their estimated total costs are listed below. Concept Environmental Services, Inc. $13,100 AAC, Inc. $14,630 Applied Environmental Sciences, Inc. $18,282 Braun Intertec $34,800 • Before giving Notice to Proceed, staff will determine whether this action would be eligible for federal reimbursement as part of the reconstruction. y c- • Recommended Motion: Authorize an agreement with Concept Environmental Services, Inc., for the amount not to exceed $13,100, in order to complete the asbestos investigations on approximately 50 houses and 4 businesses along 77th Street. Basis of Recommendation: 1. Industry standards dictate performing three sample tests. Concept Environmental Services, Inc. submitted the lowest price offering for all three tests. 2. Concept Environmental Services, Inc. quoted a not-to-exceed price, meaning that the project may not require the entire amount quoted. In addition, the quote listed includes a test on the City garage which has already completed an asbestos audit. 3. Concept Environmental Services, Inc. has completed similar work for the City of Richfield in the past on two of the houses along 77th Street. Alternative Recommendation: 1. Enter into contract with either of the other three firms that submitted proposals. 2. Reject all proposals and solicit proposals from other firms. Discussion/Decision Mode: The Council should consider this agreement at their October 26, 1992 meeting. The houses and businesses which need to be investigated have been identified as of the bid opening for all the houses which were for sale. This project should be completed promptly in order to keep the 77th Street reconstruction on schedule. The building removal deadline is February 1, 1993. Respectfull submitted, James D. rosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. 239 Agenda October 26, 1992 • Issue Statement: Approval of a resolution for reimbursement of tuition for technical certification; and approval of tuition reimbursement agreement. Background: The Minnesota Department of Transportation (MnDOT) State Aid for Local Transportation Division requires that certified technicians, including construction inspectors and field testers, be used on all state aid work beginning on January 1, 1994. The Division of State Aid has developed a Technical Certification Program, and have determined that the tuition cost for the certification classes is eligible for reimbursement from the administrative account for any class taken after November 1, 1992 and before July 31, 1995. The administrative account is funded by the Municipal State Aid (MSA) gas tax prior to allocation to the cities. Each local agency will be limited to a total reimbursement of $5,000 toward obtaining technical certification. Because this program is new, there are not many certified technicians in the field. The Community Services Department will make arrangements for our Engineering Supervisor and Engineering Technician to obtain the required certification. Recommended Motion: Approve the attached resolution for reimbursement of tuition for • technical certification, and approve the tuition reimbursement agreement between the City of Richfield and MnDOT. Basis for Recommendation: 1. MnDOT requires certified technicians on all state aid work beginning January 1, 1994. 2. Tuition for certification classes are eligible for state aid reimbursement. 3. MnDOT requires a Council resolution for participation in the program. Alternative Recommendation: Council may decide not to participate in this program. However, that will mean the cost of certifying City inspection staff will have to be paid by the City without reimbursement by the local state aid office or that inspections will have to be performed by engineering consultants. Discussion/Decision Mode: Approval is requested at the October 26, 1992 Council meeting. RespeptX ly submitted, James Prosser City ager JDP:ds 46-I RESOLUTION NO. RESOLUTION APPROVING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) TO PARTICIPATE IN A TUITION REIMBURSEMENT PROGRAM IN ORDER TO OBTAIN TECHNICAL CERTIFICATION FOR CITY OF RICHFIELD STAFF WORKING ON STATE AID PROJECTS AFTER JANUARY 1, 1994. WHEREAS, the Minnesota Department of Transportation (MnDOT) State Aid for Local Transportation Division is requiring certified technicians be used on all state aid work beginning on January 1, 1994; and WHEREAS, MnDOT has developed a technical certification program in order to help local agencies attain this certification; and WHEREAS, the Office of State Aid has determined that tuition costs up to $5,000 for this program are eligible for reimbursement; and WHEREAS, the City of Richfield desires to participate in this program; • NOW, THEREFORE, Richfield does hereby City of Richfield and reimbursement program Engineer and the City agreement. BE IT RESOLVED that the City Council of approve the attached agreement between the MnDOT for participation in a tuition for a certified technician, and the City Clerk are directed to execute the attached Passed by the City Council of the City of Richfield this 26th day of October, 1992. Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0 46 C;L MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT 11-1d . Tr 439f?ga I y? I Sz-30 TYPE OF TRANSACTION 3? ?d9jUl S,-o i ` 1 01 7,99 .SEND Entered by Entered by .La Vendor name RICHFIELD Address 6700 Portland Avenue Richfield, MN 55423 THIS AGREEMENT is made by and between the State of Minnesota, acting by and through the Commissioner of the Minnesota De artment of Trans ortation (hereinafter referred to as "MN/DOT11) and RIRFIELD (hereinafter referred to and "Recipient"). WHEREAS the State is authorized to administer the State Aid Administrative Account pursuant to MN Statute 162.06, Subd. 2; WHEREAS the Division of State Aid requires all personnel working on State Aid work be certified; WHEREAS the certification of technicians will ensure consistent inspection and high quality roads and bridges; NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, the parties to this Agreement mutually agree as follows: I. Term of Agreement This agreement shall be effective upon such date as it is executed as to encumbrance by the Commissioner of Finance, and shall remain in effect until all obli ations set forth in this agreement have been satisfactorily fulfil?ed or December 31, 1995, whichever occurs first, which time all requests for reimbursement must be received in b the Sate Aid Office. II. Conditions of Agreement All. personnel working on State Aid work, .including but not limited to construction inspectors, and field testers, must e certified through the Technical Certification Program on all work beginning on or after January 1, 1994. III. Reimbursement by MN/DOT MN/DOT aggrees to reimburse the Recipient an amount not to exceed more than $5000.00 total tuition costs incurred for personnel working on State Aid work for the successful completion of classes taken be ween November 1, 1992, and July 31, 1995. Recipient agrees to pay all costs not included in, or which exceed, said amount. A: Recipient must submit a resolution from the County Board/City Council approving the agreement. B: Request for reimbursement must be submitted on Recipient's • letterhead indicating each participant's name, title of each course taken, and amount to be reimbursed for each course.. C: Recipient must submit a copy of payment voucher or a copy of the canceled check as proof of payment for each course. q6-3 D: Request must be submitted to: Assistant State Aid Engineer De t. of. Transportation, Room 420 39 John Ireland Blvd. St. Paul, MN 55155 Audits IV. All records, books, documents, and accountingq rocedures and practices relevant to this agreement are subject to audit and examiniation by MN/DOT and either ?he Legislative Auditor or State Auditor as appropriate. Termination of this Agreement V. MN/DOT may withhold payment or terminate this Agreement at any time if the Recipient does not comply with the provisions of this Agreement. General Provisions VI. The Recipient agrees to indemnify and save and hold the State, its agents and employees harmless from an and all claims or causes of action arising from the performance oY this agreement by Recipient's participants or employees. This clause shall not be construes to bar any legal remedies Recipient or its participant's have for the State's failure to fulfill it's obligation pursuant to this agreement. VII. Any amendments to this areement shall be in writing and shall be approved by MN/DOT and tRe Recipient. APPROVED: RECIPIENT: BY: City/County Engineer is DATE: BY: City Clerk/County Auditor DATE: DEPT. OF ADMINISTRATION BY: COMMISSIONER OF TRANSPORTATION: BY: DATE: ATTORNEY GENERAL: BY: DATE: DEPT. OF FINANCE BY: DATE: DATE: CJ qR CITY OF RICHFIELD, MINNESOTA Council Letter No. 238 Agenda October 26, 1992 Issue Statement: Adoption of a resolution authorizing $2,160,000 refunding bond sale of General Obligation Storm Sewer Revenue Bonds of 1986. Background: In 1986, the City of Richfield issued $2,525,000 General Obligation Storm Sewer Revenue Bonds to finance the construction of certain storm sewer related improvements in the City. These projects were part of a larger comprehensive review of storm flooding areas in Richfield. The bonds were issued in conjunction with the establishment of the storm sewer utility fund. Fees collected through the storm sewer utility are used to pay the debt service of the bond issue as well as for annual maintenance of the system and some additional construction. The 1986 bond issue was sold at a 6.51% net interest rate. With current interest rates at a 14 year low, staff requested the Evensen Dodge firm to review this bond issue to ascertain if refunding was feasible. On the basis of their review, it appears that the current interest rate climate would make it feasible to refund the bond issue this November. It is projected that at current interest rates the refunding would save the City roughly $112,500, with a present value of approximately $81,500. This savings projection is less than the analysis done in September because of a recent change in bond rates. At the October 5, 1992 City Council Study Session, City staff presented information concerning the refunding bond issue. The timetable presented at that discussion included formal authorization for the refunding sale at a City Council meeting in October with the bond sale taking place some time in November or early December. This action requested by resolution in this Council Letter is in keeping with this timeframe. Within the past several days, the bond market of adjustments upward. Of course each upward the savings to be gained from the refunding. the refunding still appears feasible, however adjustments in the next several weeks will dii refunding bond sale is to proceed. has made a number adjustment erodes As of this writing, bond market --tate whether the The City's financial consultants will carefully watch the bond market on a daily basis in order to offer the sale at the precise . time which will afford the savings targeted. The attached resolution provides for the authority to structure a flexible sale date in the future with proper notice. If the bond market q9-1 does not provide an interest rate which will achieve a savings of • roughly $100,000 or more, the sale will not be consummated. This method of selling a bond issue on a flexible time schedule has been utilized by the City in the past with good success. Finally, it should also be noted that the exact amount of the refunding issue will change slightly with the changes in the bond market. The exact figure, now estimated at $2,160,000, will be ,finally determined on the day of the negotiated sale. Recommended Motion: Adopt the attached resolution authorizing the City's financial consultant, Evensen Dodge, to obtain quotations for the sale of $2,160,000 refunding bonds on a flexible time schedule. Basis of Recommendation: 1. An analysis of this bond issue reflects an estimated savings of approximately $112,000 if the bonds were refunded in early December. 2. Interest rates are at the lowest level in well over a decade. 3. If the City is to take advantage of the low interest rates to refund this bond issue, authorization to proceed with the refunding sale is needed now. • 4. The City Council reviewed the specific data concerning this refunding at the October 5, 1992 Study Session. 5. If the interest rates change before the sale that make the refunding sale financially undesirable, the refunding process will be terminated without a sale. The bond pre-sale analysis targets savings of $100,000-$125,000 to complete the refunding sale. Alternate Recommendation: 1. Disregard the current refunding option, continue to retire the bonded debt as presently scheduled, and forego the projected savings. Discussion/Decision Mode: A resolution authorizing the refunding bond sale must be considered at the October 26, 1992 Council meeting in order to facilitate a sale in early December. This timing may be critical if the City is to take advantage of current interest rates. • g JDP:cak Attachment Re fully submitted, Ja a D. Prosser Cit Manager er RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,160,000 GENERAL OBLIGATION STORM SEWER REVENUE REFUNDING BONDS, SERIES 1992A BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 465 (Act) and Section 475.67, Subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (b) subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; • (c) it is necessary and desirable to reduce debt service costs that the City issue $2,160,000 General Obligation Storm Sewer Revenue Refunding Bonds,-Series 1992A (Bonds) to refund certain outstanding general obligations of the City; (d) the outstanding bonds to be refunded (Refunded Bonds) consist of the $2,525,000 General Obligation Storm Sewer Revenue Bonds, Series 1986A, dated March 1, 1986, of which $2,090,000 in principal amount is currently callable on February 1, 1993. 2. To provide moneys to refund the Refunded Bonds, the City will issue and sell Bonds in the amount of $2,138,400. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $21,600. The excess of the purchase price of the Bonds over the sum of $2,138,400 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: $2,160,000 General Obligation Storm . Sewer Revenue Refunding Bonds, Series 1992A City of Richfield Hennepin County, Minnesota 4a 3 NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be received in the offices of the Finance Director in Richfield, Minnesota at the time and date specified in a notice distributed by Evensen Dodge, Inc., which notice will be given at least 48 hours before the time set for receiving bids. Purpose and Security The purpose of the bonds is to provide funds for refunding the City's $2,525,000 General Obligation Storm Sewer Revenue Bonds, Series 1986A, dated March 1, 1986. The bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged, together with net revenues of the storm sewer, sanitary sewer and water system of the City. Date and Maturities The bonds will be issued in fully registered form, will be dated December 1, 1992, will be in denominations of integral multiples of $5,000 each and will mature on February 1, in the years and amounts as follows: Year Amount Year Amount • 1994 $ 85,000 2001 $155,000 1995 110,000 2002 165,000 1996 115,000 2003 170,000 1997 125,000 2004 185,000 1998 130,000 2005 200,000 1999 135,000 2006 210,000 2000 145,000 2007 230,000 Redemption The City may elect on February 1, 2001 or on any interest payment date thereafter to redeem and prepay bonds of this issue maturing on or after February 1, 2002 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bonds will be payable on August 1, 1993, and semiannually thereafter on each February 1 and August 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. 0 Registrar 0_4 The Bonds will be issued as book entry only securities .through The Depository Trust Company. The City Finance Director will be the Registrar/Paying Agent. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon deliver of the bonds in funds available for expenditure by the City on the day of • payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City, and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Official Statement The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, shall constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2- 12. By awarding the Bonds to any underwriter or underwriting • syndicate submitting an official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing yA-5 underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter executing and delivering an Official Bid form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes ofassuring the receipt by each such Participating Underwriter of the Final Official Statement. Type of Bid - Amount A sealed bid shall be for not less than $2,138,400 and accrued interest on the total principal amount of the Bonds. Bids shall be accompanied by the Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bona in the amount of $43,200, payable to the order of the City. If a check is used, it must accompany each bid. If a Financial Surety Bond is use, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Evensen Dodge, Inc., prior to the opening of the bids. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Evensen Dodge, Inc., in the form of a certified or cashier's check or wire transfer as instructed by Evensen Dodge, Inc. not later than 3:30 p.m., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted bid, said amount will be retained by the City. No bid can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. BY ORDER OF THE CITY COUNCIL /s/ Thomas P. Ferber • City Clerk Dated: 1992. q4- (0 3. Evensen Dodge, Inc. is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet upon proper notice to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of October 1992. ATTEST: Thomas P. Ferber City Clerk 0 Martin J. Kirsch Mayor a CITY OF RICHFIELD, MINNESOTA Council Letter No. 237 Agenda October 26, 1992 Issue Statement: Proclaim October 26-30, 1992 as Disability Employment and Awareness Week in the City of Richfield. Background: The Governor of the State of Minnesota proclaimed the month of October 1992 as Disability Employment and Awareness Month in recognition of the contributions made by disabled individuals in the state and communities in which they live. Throughout the month of October, disability agencies across the state will hold public awareness events to celebrate the capabilities and achievements of Minnesotans with disabilities. Many persons with disabilities are living independently in Minnesota and are participating in educational, social, religious, recreational and community activities. The Americans with Disabilities Act and the Minnesota Human Rights Act require employers to make reasonable accommodation to the known disability of a qualified applicant or employee. Recommended Motion: Approve the attached proclamation declaring October 26-30, 1992 as Disability Employment and Awareness Week for the City of Richfield. Basis of Recommendation: The City of Richfield supports individuals with disabilities through their equal employment standards, recreation programs and building codes regarding physical accessibility. Alternative Recommendation: 1. Do not declare any Disability Employment and Awareness Week in Richfield. 2. Declare some other week as Disability Employment and Awareness Week in Richfield. Discussion/Decision Mode: This item is scheduled for the October 26 City Council meeting. A member of the Human Services Commission will be present to receive the proclamation. Respec lly submitted, James Prosser City Manager 0 JDP:ds • Z (1) C N ?3 °z co E 'L ca co T a m m E cu c: 0 :3 a) a) 4? C -070 L v o as o '> a) O E U:5 U? L E0 ca Oc ?O +r c (D a) 0 ca a) CL t C > ?W pu)(D N (D pj Cw c r W C- a) -a ca -- 0 E Q ca ? a) M3` ?;?-,C? co E CCp-J p 0 U ?U,?m C ® tCN ?6o a) NW as C '? N? aa))L U Q U) CO ?Z ?C? 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