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04-25-88 agenda
oe-l I '• CITY OF RICHFIELD, MINNESOTA Council Letter No.113 Agenda April 25, 1988 Issue Statement: Council discussion relating to establishing council salaries for 1989. Background: Chapter XII, Section 12.02 of the city ordinance establishes Councl salaries and provides that these salaries be reviewed by December of each year. It has been the practice in past years for the City Council to review their salaries prior to the time that work begins on proposed budgets for the next year. At the June 8, 1987 Council meeting, Council Members adopted a policy to review Council salaries. The policy statement provides that in years a municipal election is to be held, the Council shall establish a revised pay schedule for Council Members and the Mayor. S In July, 1987, Council salaries beginning in 1988, were increased $235 per year. The Mayor's salary is $6935, and the salary for Council Members is $5,435. As stipulated in the City Charter, salary increases do not take effect until after the next succeeding election. This means any change in salaries would be effective January 1, 1989. -? The policy also provides that any increase should be based upon the amount of increase granted to employees in the year subsequent to the previous salary adjustment. The 1988 increase for employees in the General Services and Management pay plans was 4%. Recommended Motion: Council Members should discuss whether or not an ordinance amendment increasing Council salaries by 4% should be prepared and scheduled for first reading at a subsequent Council Meeting. Basis for Recommendation: 1. The policy statement adopted by the City Council provides that this item be referred to the City Council prior to May 1 of each year. Alternative Recommendation: 1. The Council could continue discussion of this item to another Council meeting. Discussion/Decision Mode: If the Council agrees that a salary increase should be considered, an ordinance amendment shall be prepared for the May 9, 1988 City Council meeting. Respectfully submitted, Jame D. Prosser City Manager JDP/eja 11 COUNCIL POLICY STATEMENT NO. -- - I Issue Establishment of council salaries. The purpose of this policy is to provide a basis for updating council salaries regularly. According to state law and city charter, councils may adjust their salaries to be effective the year following a municipal election. This policy will provide a basis for setting the revised salary base. Policy Statement In each calendar year when a municipal election will be held, the • council shall establish a revised pay schedule for council members and mayor. This amount shall be based upon the amount of increase granted to the employees generally in the year(s) subsequent to the previous salary adjustment. Staff shall provide information to council indicating what these amounts have been not later than May 1. Council shall then make a determination regarding salaries. Final determination shall be subject to the council approval as required by Section 2.07 of the City Charter which stipulates that council salaries may be adjusted only by ordinance. L1 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda April 25, 1988 Issue Statement: Purchase in excess of $5,000 to repair of six tennis courts at Augsburg Park, two tennis courts at Jefferson Park, and two tennis courts at Sheridan Park, in the total amount of $13,710. Background: The City of Richfield has constructed 30 tennis courts. A majority of these courts are at least 20 years old. The surface of the courts is damaged by weather conditions and requires periodic repairs. The 1988 park maintenance budget includes $16,000 for tennis court repairs. This is not enough money to do all the court repairs this year. City staff contacted tennis court repair vendors to receive recommendations, technical advice and assistance in determining what work could be accomplished, and results expected, with the limited funds available. Staff has presented their recommendations based upon information gathered by tennis court repair companies and recommended the following: - Repairs to six courts at Augsburg Park - Repairs to two courts at Jefferson Park - Repairs to two courts at Sheridan Park - Repairs to two east courts at Donaldson Park - Repairs to two courts at Fairwood Park The extent of repairs would vary at each court, depending upon the age and condition of the court. The work to be accomplished would include some work performed by City staff and by vendors. The work would be the first step in a long-term rejuvenation of tennis courts. The initial work to be performed would have a life expectancy of approximately two-three years. After that time, an asphalt overlay would be recommended. City staff is currently investigating the possible purchase of asphalt overlay equipment for other work including pathways and parking lots. The Community Services Advisory Commission recommended the Council adopt the recommendation of staff. The Community Services Advisory Commission also considered comments from a senior citizens' tennis league. The senior The proposed work at the Augsburg Park tennis courts would • include having the contractor patch cracks, with particular attention to the middle two of the six courts at the site, apply three slurry/filler coats to all six courts and apply two coats of paint to all six courts. The quotations received for Augsburg Park tennis courts are: Mikkelson Construction $15,000 Sports Coater Midwest $13,430 Tennis West $ 7,950 The proposed work at the Jefferson Park tennis courts would include patching of asphalt by city staff, application of two slurry/filler coats by a contractor and application of two coats of paint by a contractor. The quotations received for Jefferson Park tennis courts are: Mikkelson Construction $ 5,000 Sports Coater Midwest $ 3,990 Tennis West $ 2,880 Proposed work at Sheridan Park tennis courts would be similar to that at Jefferson Park. City staff has already removed the fiberglass matting at Jefferson Park, but still needs to remove • the fiberglass matting at Sheridan Park tennis courts. Any identified major asphalt failures identified after the removal of the matting would be patched by city staff. Two slurry/filler coats would by applied by a contractor as would two paint coats. Quotations received for tennis court repair at Sheridan Park are: Mikkelson Construction $ 5,000 Sports Coater Midwest $ 4,150 Tennis West $ 2,880 It is proposed city staff patch and repair the two east courts at Donaldson Park and the two tennis courts at Fairwood Park this year and include funding for major replacement for consideration in the 1989 operating budget. Tennis West, who has submitted the low quotations, has indicated that if approval is given at the April 25, 1988 City Council meeting, work at the tennis courts could begin that week, weather permitting. It is estimated it will take about a week at each site to complete the work included in their quotation. 0 citizens' tennis league appeared before the City Council on March • 28, 1988, expressing a desire for priority repairs at the Augsburg tennis courts. The City Council referred this request to the Community Services Advisory Commission. A summary of the specific quotes received for the work to be accomplished is attached. Recommended Motion: Approve a purchase order with Tennis West for repair of six tennis courts at Augsburg Park in the amount of $7,950, two tennis courts at Jefferson Park in the amount of $2,880 and two tennis courts at Sheridan Park in the amount of $2,880 for a total purchase price of $13,710. Basis of Recommendation: 1. The tennis courts at Augsburg Park, Jefferson Park, Fairwood Park, Sheridan Park and Donaldson Park are in need of repair. 2. Tennis West has submitted the lowest quotations for the work. 3. The senior citizen tennis league has requested that tennis court repair be first done at Augsburg Park. 4. The Community Services Advisory Commission has recommended acceptance of the proposed repairs. 5. Sufficient funding is available for the work. 6. The availability of Tennis West will keep to a minimum the time the tennis courts are unavailable to the public. • Alternative Recommendation: 1. Do not make any tennis court repairs. 2. Direct staff to make those repairs that can be done in-house and do not make any additional repairs. 3. Obtain additional quotations. Discussion/Decision Mode: This item is on the April 25, 1988 city council agenda. If action is taken at that time and weather permits, the repair work may commence immediately. Respectfully submitted, Prosser Jamelanager City JDP/eja is /% • CITY OF RICHFIELD, MINNESOTA Council Letter No. 111 Agenda April 25, 1988 Issue Statement: Agreement for Consultant Services related to Transportation System Study and Plan for City of Richfield. Background: The City Council has asked that there be a study of the local transportation system. The purpose of the study is to provide the City with a set of transportation policy objectives, guidelines, standards and strategies that reflect City goals in order to review, evaluate and influence proposed actions that affect the City. The City staff recommends entering into agreement with the firm of Howard Needles Tammen & Bergendoff (HNTB). The scope of services proposed to be provided by HNTB includes development of a conceptual framework and a transportation plan. Howard Needles Tammen & Bergendoff (HNTB) was selected based upon recommendation from a variety of organizations who had conducted similiar surveys. The conceptual transportation design framework would include: • Delineation of sub-areas ("policy areas") such as residential, commercial, park, and public. Development of policies (guidelines, objectives or standards) for each sub-area which address transportation impacts such as access to local/regional activities and opportunities, through trips, safety and noise. The transportation plan would include: - developing standards for each sub-area by establishing maximum traffic levels that satisfy the policies developed - determining deficiencies of the existing system by comparing the current system and traffic volumes with the policies and standards which have been developed - preparing a map of the proposed transportation system with maximum volumes and access standards/policies - preparing strategies and actions (both short-term and long- term) to facilitate the implementation of the plan - preparation of a report documenting the proposed plan - presentations of the report. It is the estimate of HNTB that the proposed services outlined above can be completed within three months at a cost of $9,300. Funding for this work is not included in any adopted 1988 budget. If approved by the City Council, funding would be included in the revised 1988 budget for the Community Services Department. Recommended Motion: . Approve a contract with the consulting firm of Howard Needles Tammen & Bergendoff for preparation of a local Richfield transportation plan as outlined in their proposal of March 10, 1988 at a cost not to exceed $9,300. Basis of Recommendation: 1. The City Council has determined there is a need for a local transportation plan. 2. HNTB and, in particular, Mr. Lawrence Dallam, the lead person on this project, have extensive training and experience in transportation planning and engineering. 3. The proposed period for completion of the study appears to be well timed for consideration of major interstate traffic study recommendations now under consideration. Alternative Recommendation: 1. Do not conduct a study for a Richfield transportation plan at this time. However, if the Council desires a framework and standards to aggressively respond to proposed actions affecting the City, the study should be done in the very near future. 2. Do not use a consultant to perform the study and prepare the plan. Direct City staff to do the work. Staff time to conduct this study is extremely limited. • 3. Do not accept the proposal of HNTB. Request City staff to obtain and review additional proposals and make a recommendation for some other consultant service. Discussion/Decision Mode: This item has been scheduled for the April 25, 1988 City Council meeting. If a study and transportation plan are important to the City and are to be timely for considerations of proposals related to regional traffic corridor studies, it is suggested Council action be taken as soon as possible. Respectfully submitted, Jame Prosser Cit anaer g JDP/eja CITY OF RICHFIELD, MINNESOTA • Council Letter No. 110 Agenda April 25, 1988 Issue Statement: City Council adoption of a resolution awarding the sale of $1,900,000 General Obligation Redevelopment Bonds, Series 1988A; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Background: On April 11, 1988, the City Council authorized the sale of $1,900,000 General Obligation Redevelopment Bonds, Series 1988A. The bonds were authorized to finance certain costs of the ILN Project Area as identified by the Redevelopment Plan. The specific costs associated with the bond sale are as follows: Hampton Inn Development Project costs $ 681,000 Discount costs on temporary bonds 168,000 Land acquisition/public improvements 1,000,000 Cost of issuance 32,000 Discount 19.000 TOTAL $1,900,000 • The authorized bond issue is for a ten-year period. The attached resolution not only provides authority for awarding the sale of the $1,900,000 bond issue. It also gives authority to call the 1985 $18,675,000 temporary ILN bonds on June 1, 1988. The latter provision is dependent upon a successful sale. After completing all necessary pre-sale procedures, including legal notice, bond rating information interviews and legal opinion, the bond sale is ready to take place on April 25, 1988 as authorized and advertised. Bids and relevant data will be compiled by representatives of Evensen Dodge, Inc. for presentation to the City Council at the regular City Council meeting of April 25, 1988. In order to have the most current bond quotes possible prior to bid award, it is a customary practice to open bids the day of the award. The bond sale opening will take place at 1:00 p.m. on April 25, 1988. Sale results, plus recommendations, will be reported at the Council meeting on April 25, 1988. Recommended Motion: Adopt the attached resolution awarding the sale of $1,900,000 General Obligation Redevelopment Bonds, and authorizing the June 1, 1988 call of $18,675,000 General Obligation temporary redevelopment bonds series 1985. ??:Y /e - / Basis of Recommendation: 1. The bond sale was authorized by the City Council on April 11, 1988. 2. The bond sale has been conducted pursuant to Minnesota Statutes and Internal Revenue Code. Alternative Recommendation: There is no alternative recommendation if the City wishes to continue with the bond sale. Discussion/Decision Mode: The City Council should act immediately to confirm the bond sale bid opening earlier on April 25, 1988. Respectfully submitted, Jam D. Prosser Cit Manager JDP/eja 7 • Extract of Minutes of Meeting of the City Council of the City of Richfield Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Richfield, Minnesota, was duly held in the City Hall in said City, on Monday, April 25, 1988, commencing at 7:00 o'clock p.m. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the. bids which had been received for the purchase of the City's $1,900,000 General Obligation Redevelopment Bonds, Series 1988A, as adver- tised for sale. The City Clerk presented affidavits showing publication of notice of sale in the City's official newspaper and in Commercial West and Finance & Commerce, financial papers published in Minneapolis, Minnesota, which affidavits were examined, found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: 0 f'r.. ? ? III U 0 After due consideration of the bids, Councilmember introduced the following resolution and moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $1,900,000 GENERAL OBLIGATION REDEVELOPMENT BONDS, SERIES 1988A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota, (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $1,900,000 General Obligation Redevelopment Bonds, Series 1988 (Bonds) of the City described in the Official Notice of Sale thereof is • hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, such bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Rate Year Rate Net effective interest rate: 1.02. The sum of $ being the amount bid by the Purchaser in excess of $1,881,000, shall be credited to the Debt Service Fund herein- after referred to in Section 4. The City Finance Director is directed to deposit the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccess- ful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. • 1.03. The City shall forthwith issue and sell the Bonds in the total principal amount of $1,900,000, originally dated May 1, 1988, in the denomination of $5,000 each or any integral multiple thereof, numbered • No. R-1 upward, bearing interest as above set forth, and which Bonds mature serially on February 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1989 $150,000 1994 $200,000 1990 150,000 1995 200,000 1991 150,000 1996 225,000 1992 175,000 1997 225,000 1993 175,000 1998 250,000 1.04. Optional Redemption. The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay Bonds maturing on February 1, in the years 1997 and 1998. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. Section 2. Registration and Pavment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, . the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds shall be payable on February 1 and August 1 of each year, com- mencing February 1, 1989, to the owner of record thereof as of the close of- business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. ?_ J (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that • the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able expenses and charges of the Registrar in connection therewith; and, in the case of .a Bond destroyed, stolen or lost, upon filing with A io =:? • the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so sur- rendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the regis- tration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publica- tion or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City hereby appoints • , , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certif- icate of authentication on such Bond has been duly executed by the manual • signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same repre- sentative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds, one or more typewritten Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary Bond. Upon the execution and delivery of definitive Bonds the temporary Bonds shall be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds shall be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD GENERAL OBLIGATION REDEVELOPMENT BOND, SERIES 1988A Date of Rate Maturity Original Issue CUSIP May 1, 1988 No. R- The City of Richfield, a duly organized and existing municipal corpo- ration in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commen- cing February 1, 1989, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business • day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1996, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on February 1, in the years 1997 and 1998. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued inter- est. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publication or by mail to any registered owner, or any defect • therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. The City Council has designated the bonds of this issue as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986 (Code) and within the $10,000,000 limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. 0 0 Dated: CITY OF RICHFIELD, MINNESOTA (facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $1,900,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, issued pursuant to resolutions adopted by the City Council on December 2, 1985 and April 25, 1988 (the Resolutions), for the purpose of providing money to aid in permanently financing the public redevelopment costs of a project in a Tax Increment Financing District (District) in the City, pursuant to Minnesota Statutes, sections 469.174 through 469.179, the Minnesota Tax Increment Financing Act, and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in assessed valua- tion of real property in the District, all as set forth in the Resolutions to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond, and the City Council has obligated itself to levy taxes on all of the taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The bonds of this issue are issued only as fully registered bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolutions and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Charter of the City and the Constitu- tion and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) 0 I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Richfield, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (facsimile signature) City Clerk The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. L' rV 0 ASSIGNMENT For value received, the undersigned hereby sells, assigns and trans- fers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. • The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 3.02. The City Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the form of Bond. The City Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion • in the City offices. 4 j? IX • Section 4. Security: Payment. 4.01. The Bonds are issued to permanently finance Public Redevelop- ment Costs incurred and to be incurred in the ILN Redevelopment Project Area. The Bonds are issued pursuant to Resolution No. 7123 of December 2, 1985 (Particularly Section 4 thereof) (Prior Resolution) and this Resolu- tion for the purpose of refunding the City's $18,675,000 General Obligation Temporary Redevelopment Bonds, Series 1985 all as part of a common plan of financing of Public Redevelopment Costs in the Project Area. 4.02. The Bonds are payable from the ILN Tax Increment Bond Debt Service Fund (Debt Service Fund) created by the Prior Resolution. All the increments (Tax Increments) from the Project Area received by the City pursuant to the Tax Increment Agreement dated December 2, 1985, between the City and the Housing and Redevelopment Authority in and for the City of Richfield are pledged to the Debt Service Fund to the extent necessary to pay principal and interest on the Bonds. If any payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director shall pay such principal and interest from the general fund of the City and the general fund shall be reimbursed for such advances out of the proceeds of Tax Increments when received or from the proceeds of ad valorem taxes which the City covenants to levy in the event of any deficiency in tax increments available for debt service. The full faith, credit and taxing powers of the City are hereby pledged to the payment of the Bonds. • 4.03. From the proceeds of the Bonds the sums necessary to prepay and redeem the Temporary Bonds shall be applied by the Finance Director to that purpose. 4.04. It is hereby determined that the estimated collection of Tax Increments for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. The City Clerk is directed to file a certified copy of this Resolution with the Director of Property Taxation of Hennepin County and obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and market- ability of the Bonds and such instruments, including any heretofore fur- nished, shall be deemed representations of the City as to the facts stated therein. U 5.02. The Mayor, City Manager and Finance Director are hereby author- ized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief said Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The Temporary Bonds are called for prepayment and redemption on June 1, 1988. The actions of the City Clerk in publishing a notice of redemption for the Temporary Bonds and notifying the Bond Registrar for the Temporary Bonds are ratified and confirmed. Sec. 6. Special Tax Covenant. 6.01. (a) The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made appli- cable to the Bonds. • (b) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1988) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the 'federal arbitrage rebate requirements, the City hereby finds, deter- mines and declares that the aggregate face amount of all tax-exempt bonds (other than private. activity bonds issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.02. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, or to enter into any agreement with a non-exempt person, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.03. In order to qualify the Bonds as "qualified tax-exempt obliga- tions" within the meaning of Section 265(b)(3) of the Code, the City hereby • makes the following factual statements and representations: • (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-ex- empt obligations" for purposes of Section 265(b)(3) of the Code. (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1987 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1988 have been designated for purposes of Section 265(b)(3) of the Code. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: r1 LJ and the following voted against: whereupon said resolution was declared duly passed and adopted. R4:00550488.RAW 0 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and City Clerk of the i City of Richfield, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, April 25, 1988, with the original thereof on file in my office and the same is a full, true and correct copy thereof insofar as the same relates to the issuance and sale 'of $1,900,000 General Obligation Redevelopment Bonds, Series 1988A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 1988. City Clerk City of Richfield, Minnesota (SEAL) R4:00550488.RAW 0 . NOTICE OF CALL FOR REDEMPTION $18,675,000 GENERAL OBLIGATION TEMPORARY REDEVELOPMENT BONDS, SERIES 1985 CITY OF RICHFIELD, MINNESOTA NOTICE IS HEREBY GIVEN, that, by order of the City Council of the City of Richfield, Hennepin County, Minnesota (City), there have been called for redemption and prepayment on June 1, 1988 all outstanding bonds of the City designated as General Obligation Temporary Redevelopment Bonds, Series 1985, having a stated maturity date of December 1, 1988, and totaling $18,675,000 in principal amount. The bonds are being called at a price of par plus accrued interest to June 1, 1988, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment with interest coupons attached at the main office of the American National Bank and Trust Company, in the City of St. Paul, Minnesota, on or before June 1, 1988. Dated: April 25, 1988. • BY ORDER OF THE CITY COUNCIL By /s/ Thomas P. Ferber City Clerk Additional Information: Evensen Dodge, Inc. 3800 Piper Tower Minneapolis, Minnesota 55402 (612) 338-3535 '# / CITY OF RICHFIELD, MINNESOTA Council Letter No. 109 Agenda April 11, 1988 LJ Issue Statement: Repeal of Subsection 840.11, Sale and Consumption of Beer in Parks. Background: In the 1987 recodification process of the city ordinances, subsection 840.11, subdivisions 3,4 and 5 were inadvertently left in the ordinance code. These subdivisions refer to the permit process for the sale of beer in the parks. This is in direct conflict with subdivision 2 of the same ordinance, which specifically prohibits the sale, possession and consumption of beer in public parks. At a recent Council workshop, the consensus of the City Council was to continue with the prohibition and possession of beer in the parks. Recommended Motion: Approve the first reading of an amendment subsection 840.11, subdivisions 3,4 and 5 and schedule second reading for May 23, 1988. Basis of Recommendation: The ordinance is in conflict within itself and also with current council policy. Discussion/Decision Mode: First reading of this proposed amendment has been placed on the April 25, 1988 agenda. Respectfully submitted, Jam ys.rosser City Manager JDP/sae 0 • BILL NO. 1988 - AMENDMENT REPEALING SUBDIVISIONS 3, 4 AND 5 OF SUBSECTION 840.11 OF THE RICHFIELD CITY CODE OF 1987 CITY OF RICHFIELD DOES ORDAIN: Subsection 840.11 of the city code entitled "Sale and consumption of beer in parks" is hereby amended by repealing subdivisions 3, 4 and 5 thereof. Passed this day of , 1988, by the Richfield City Council. Steven J. Quam, Mayor 0 Attest: Thomas P. Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA Council Letter No. 108 Agenda April 25, 1988 Issue Statement: Consideration of an amendment to the ordinance establishing the Human Rights Commission to amend the terms of youth members. Background: The ordinance establishing the Human Rights Commission provides that the commission be comprised of ten members appointed for three year terms. The ordinance is confusing in that it also provides that persons appointed as "youth" members shall be appointed for terms that coincide with their graduation from high school. Traditionally, the commission has had two high school students serve as youth members. However, with terms expiring upon graduation from high school, these two positions are often vacant for several months at time. An ordinance amendment has been prepared which would: . -Provide that eight members be appointed for three year terms. -Provide that two "youth" members be appointed for one year terms. -Eliminate the need for youth members to be considered when establishing a quorum. The Council gave first reading to this ordinance amendment at the March 28, 1988 City Council meeting. Second reading and the public hearing were scheduled for April 25, 1988. Recommended Motion: Approve an amendment to Chapter III, Section 305, Subd. 4 of the ordinance code relating to the terms of Human Rights Commission members. Basis for Recommendation: 1. The amendment will clarify terms of members. 2. The commission has requested that youth member terms be for a one-year period rather than expiring upon graduation from high school. 3. The amendment will not limit the appointment of youth members to high school students. 0 26-'OP-1 . Alternative Recommendation: 1. Do not approve the ordinance and continue the membership in its current form. Discussion/Decision Mode: If the ordinance is approved on April 25, it will become effective 30 days after official publication. Respectfully submitted, (?I) James . Prosser City M ager JDP/eja • * .e, '-Z- AMENDMENT TO CHAPTER III SECTION 305, SUBD. 4 OF THE ORDINANCE CODE RELATING TO THE COMPOSITION OF THE HUMAN RIGHTS COMMISSION Subd. 4. Composition of the commission. The commission consists of ten members appointed by the council. [Eight] #F [m]embers ape [shall be] appointed for terms of three years, except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor in that term was appointed shall be appointed only for the remainder of such, and (ii) [Two] person[s] -efft [shall be] appointed as -e "youth" member[s] g a ed eeFfl high seT eel, w rieheye-F-eee6ps?flrte for one year terms.] Upon the expiration of the member's term of office, a member shall continue to serve until a successor is appointed and qualifies. Members serve without compensation and may be removed from office at any time by the council, but after a public hearing if a hearing is requested by the member whose removal is being considered. [Youth members shall not be considered when determining a quorum.] 0 ?_ J CITY OF RICHFIELD, MINNESOTA • Council Letter o. 107 Agenda April , 1988 40 Issue Statement: Request by John M. Dwyer for a Hearing to Appeal the Denial, by the Director of Public Safety, for a Taxi Driver's License. Background: On December 2, 1987 Mr. John M. Dwyer submitted an application for a taxi driver's license. Mr. Dwyer paid the required license fee. The Public Safety Department conducted the required background investigation. That investigation determined that Mr. Dwyer's drivers license had been suspended twice in 1984. State of Minnesota records indicate that Mr. Dwyer's driver's license was suspended on January 17, 1984 and again on August 21, 1984. In reviewing Mr. Dwyer's application request, it was noted that he checked "no", when asked if his driver's license has ever been suspended or revoked. Based upon this information, on December 14, 1987, Mr. Dwyer was notified by letter from the Director of Public Safety, that his request for a taxi driver's license had been denied. Richfield City Code, Section 1175.09, Subdivision 2, in part, states that, "fraud, deception or misrepresentation in connection with securing a taxicab driver's license will be the basis for denial or revocation of such license." Recommended Motion: Uphold the denial of Mr. Dwyer's taxi driver's license in accordance with the provisions of Richfield City Code, Secion 1175.09, Subdivision 2. Basis of Recommendation: Mr. Dwyer misrepresented his driving record by failing to indicate on his taxi driver's application, that his driver's license has been suspended twice. Alternatives: 1. The Council could vote to grant the taxi driver's license. 2. The Council could vote to continue the hearing. 0 Decision/Discussion Mode: The hearing to consider the appeal by Mr. Dwyer has been scheduled for April 25, 1988. Mr. Dwyer is planning on attending the hearing and has indicated that he will present reasons why the license should be granted. Respectfully submitted, Jame Prosser City anager JDP/eja 0 '?4 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 106 Agenda April 25, 1988 Issue Statement: Original application for On-Sale and Sunday Liquor Licenses for Discus Corporation, d/b/a Pizzeria Uno Restaurant and Bar, located at 1420 East 78th Street. Background: In August, 1987 Discus Corporation applied for on-sale and Sunday liquor licenses for a Pizzeria Uno Restaurant and Bar to be located a 1420 East 78th Street, the site of the previous Mr. Steak Restaurant. Prior to the application being submitted, a conditional use permit was granted for the site in July, 1987. This conditional use permit is valid until July, 1988. In September, 1987 the City Council voted not to grant Discus Corporation the on-sale and Sunday liquor licenses. The applicant is again requesting on-sale and Sunday liquor licenses for the same concept, a Pizzeria Uno Restaurant and Bar. The required background investigation has been conducted based • primarily upon the information supplied by the applicant. The results of the investigation are listed below: - Discus Corporation is a publicly held restaurant development firm based in Bloomington that currently operates four restaurants in the Minneapolis/St. Paul area. Three of these restaurants are licensed to serve liquor. The investigation indicates that Discus has an excellent reputation in each of the communities where they operate a restaurant. - The principal owners of Discus, Michael Platt and Reynold Anderson, are both residents of the Minneapolis area and neither has any known criminal record. - Pizzeria Uno, the franchisor, is a publicly held corporation based in Boston, Massachusetts. Pizzeria Uno, operates over 20 restaurants worldwide. - The applicant has provided a $10,000 surety bond as well as a certificates of insurance for public and liquor, liability coverages and workers compensation insurance coverage. - The applicant has provided copies of the lease and franchisor/franchisee agreements. r1 U The applicant has indicated that roughly $400,000 to • $500,00 will be spent in remodeling. This remodeling will not increase the size of the building, nor decrease the size of the parking lot. - The applicant has indicated that the proposed Uno's restaurant will have a limited bar area and that liquor sales will amount to only about 25% of the total sales of the restaurant. - The applicant has already designated a manager for the restaurant, Mr. Jay Severson. Mr. Severson resides in Richfield, and lives only about one block from the restaurant. Mr. Severson is the former manager of the Mr. Steak Restaurant which was located on the property. Mr. Severson has no known criminal record and appears to be well qualified for this position. E On March 23, 1988 representatives from Discus met with residents who live near the site of the proposed Uno's restaurant. At the meeting, Discus representatives discussed the Uno's concept, emphasizing the fact that Uno's is not a "pizza joint", but rather a full-service, upscale restaurant that offers a variety of menu items, specializing in deep-dish, Chicago-style pan pizza. Discus representatives also stated that Uno's concept emphasizes food over liquor and projects itself as a family type of a restaurant. Residents who live in the area expressed concerns about parking, noise, liter and the proposed expansion of Interstate 494. The applicant has indicated that they cannot firm up their financing until they know whether or not they will be able to obtain the on-sale and Sunday liquor licenses. The licenses are required to open and operate a Uno's. This application was originally scheduled for hearing at the April 11, 1988 City Council meeting. At the request of the applicant, the hearing was continued to the April 25, 1988 Council meeting. Recommended Motion: Approve the license application for On-Sale and Sunday Liquor Licenses for Discus Corporation, d/b/a Pizzeria Uno Restaurant and Bar, located at 1420 East 78th Street, with the following four stipulations: 1. The applicant discloses the source(s) of all financing of the project. 9 0 2. The applicant applies for and is granted a restaurant license. 3. The applicant receives final approval and inspection for all building and remodeling plans and a certificate of occupancy. 4. The applicant pays the balance of all license and investigative fees. Basis of Recommendation: 1. The applicant has complied with all of the provisions of both the city ordinance codes and state statutes pertaining to on-sale and Sunday liquor. 2. The applicant has demonstrated that the business will be an asset to the community. Alternatives: 1. The council could decide to continue the hearing. 2. The council could decide to deny the licenses requested. 3. The council could decide to amend or drop the stipulations. • Decision/Discussion Mode: The public hearing to consider the request for the licenses by Discus Corporation has been scheduled for April 11, 1988. The applicant is anxious to begin the project and is requesting that the council make a decision as soon as reasonably possible. Respec ully submitted, Jam D. Prosser Cit Manager JDP/eja '12;1??- CITY OF RICHFIELD, MINNESOTA Council Letter No. 105 Agenda April 25, 1988 Issue Statement: Public hearing on the denial of a variance at 7639 Wentworth Avenue Background: Richard and Ruth Ann Schriek, property owners at 7639 Wentworth Avenue, have made a request that the City grant a variance to the allowable maximum lot coverage in the single family residence 'R' district. The variance would allow the construction of a 216 square foot three season porch and an attached changing room. The property is zoned single family residence 'R' district and meets all the setback requirements. Due to a different prior staff interpretation regarding the definition of buildings, the existing structure exceeds the allowable maximum lot coverage for the site. The existing and proposed structures with their areas are as follows: Dwelling 1,133 square feet 40 Accessory Structures 1,867 square feet (including swimming pool 711 square feet) Proposed Structure 216 square feet TOTAL 3,216 square feet Analysis of the zoning ordinance against the proposal indicates the following: i n+ A, nc 10,077.75 sf Maximum Allowable Existing Lot Proposed Lot Lot Coverage % Coverage % Coverage % 2,519.44 sf 3,000.00 sf 3,216.00 sf (25%) (29%) (31%) The variance request was denied by the Hearing Examiner on March 21. The applicant has appealed the Hearing Examiner's decision. The Hearing Examiner's decision is attached. Recommended Motion: Concur with the Hearing Examiner's denial of the variance request to increase the maximum allowable lot coverage in an 'R' district at 7639 Wentworth Avenue. Basis of Recommendation: 0 1. The request does not meet the city and state standards for granting of the variance. 2. The granting of the variance is not necessary for • the preservation and enjoyment of substantial property rights. The existing single family use of the property could be continued without the variance. 3. It is staff's opinion that there are no unique circumstances present on the site. The subject property is rectangular in shape and substantially larger than most single family lots in the community. The property owners of a lot adjacent and the lot behind the subject property have expressed their support for granting of the variance. Their letters are attached. Alternative Recommendation: The City Council may wish to grant the variance to the maximum allowable lot coverage. City staff is preparing an amendment to the zoning ordinance relating to this matter. The change would eliminate a swimming pool in the definition of structure in the determination of lot coverage for zoning purposes. This amendment will be brought to the Planning Commission in May for consideration. The total lot coverage would be 2,505 square feet with the swimming pool excluded from the maximum lot coverage for the site. The site would meet the maximum lot coverage requirement if the swimming pool is not considered as a structure. The applicant has been advised of this pending amendment. The granting of the variance must be based on evidence that substantiate that the denial of the request would cause undue hardship to the property owner and would not change the residential character of the neighborhood. Decision Mode: This item is placed on the City Council agenda for council consideration on April 25, 1988. A legal notice of the hearing was published in the Richfield Sun Current Newspaper. Written notices were mailed to property owners within 350 feet of the subject property. Res" c fully submitted, . Prosser J#yManager C ' V ? v V ? A Y1 ? ? V ? V A A A' A A A A N O O N O V A N ? _ f f. ) B N f >' ! f f i f i L V N N y ? y 4r ti y N N = y + N N N N N N N N N V y H V y ti ti y ? ?1 .< XERXES AVE. I XERXEI AVE. WASHBURN IL L WASNGURN VINCENT VINCENT UPTON UPTON THOMAS THOMAS SHERIDAN SHERIDAN RUSSELL RUSSELL QUEEN ; P EE; QUEEN PENN AVE. PENN AVE OLIVC" OLIVER NtWTON NCWTON YORGAN MORGAN LOGAN LOGAN KNOX KNOX IAMCS JAMES IRVING 1 0 IRVINQ 4 HUMBOLDT HUMBOLDT GIRARD f1OlONT GIRARD EMERSON tREA10NT EMERSON DUPONT DUPONT COLFAX COLFA% BRYANT BRYANT ALDRICH ALDRICH LYNOALC AVE. LYNOALL AVE. GARilElO GARFIELO HARRIET HARRIET GRAND GRAND PLEASANT -77 PLEASANT PILLSBURY PILLSBURY WCNTWOETH BLAISOELL WENTIIIORTH BLAISDELL NICOLLET AVE. NICOLLET AVE 1st let STEVENS STEVENS 2M 2M Sid 3rd CLINTON CLINTON 4111 4rA SIA stA PORTLAND AVE. PORTLAND AVE OAKLAND OAKLAND PARK PARK COLUMBUS COLUMBUS CHICAGO -4 CHICAGO ELLIOT ELLIOT IO 1A IO to II 1 r 1 n Iw 12 to 12 to 13 IA 131% 14 IA 14 IN Is 111 Is IA BLOOMINGTON BLOOMINGTON Is IN Is 111 17 111 17111 i 1.11 f-7 - --7 - I. #6 CEDAR AVE. LONGFCILOW = CEDAR AVE. LONGFELLOW , If 111 S t/t 171 rr 17 20111 2:v 21st n 22 A. z =L 2 _ -c - sTAwolsN 0 :2 23 r4 v = 4 4 a E r 0 E?ss, 0 v W m z 0 z rn A 7639 WENTWORTH AVE S 75 3 MIOPOSED- =EASON ' = e• Pomm , . r ttT<, 12 c.° i=<''J„ >:r..a? t{.:' .•.., ,:.: ':'.?;x, POOL 18 • STCRAGE i S° ' a' .i GRASS MECHANICAL ROOM FOR POOL M Q • M r 30 HOUSE 5• • y ? H Z Q CL `O 17 • J GRASS GRASS WENTWORTH AVE S 22 GARAGE 5 - N e N t'3 0 TREE 11 SHRUBS -IM CONCRETE DRIVEWAY «N MOO Z C ? .. N 0 m m C o N - p D C Z N m z m N x N 1v A t A t0 . A GRAND AVE S jljljlji Ijllllll 1 11 Lill 111 III'1 11111111 111111111111 1111 11111 11111111 11111111 11'11111 ,may V v x N co BLAISDELL AVE S NICOLET AVE S • z? PILLSBURY AVE S t. ?t GRAND AVE S w > ... .... .... ... .... ... ... .... ... ... .... ... .... .... . ... .... ... .... ... .... .... ... .... ... .... ... ... ... ... .... ... .... .... .... .... .. .... .... ... ... .... .... . ... ... ... .... ... ... .... m A D ; m n r PILLSBURY AVE S • 7 A V V N Z v cn m BLAISDELL AVE S NICOLET AVE S 16 ?; - o m c rn y v ? m y z .? N ? to c T T m m 7 -A t0 A NICOIET AVE S m z • zo JVOP Z CA CA) t0 -? X. e. 0 X. X 1ST AVE S 1'fl co • April 1, 1988 City of'Richfield Attn: Towhid Kazi 6700 Portland Ave. So. Richfield, Mn. 55423 Dear Towhid Kazi, We are writing you in response to the March 24, 1988 letter we received from the Hearing Examiner Connie Murray. In this letter she denied us our variance request. At this time we are appealing her decision on the denial of our variance request, therefore we would like to schedule a public hearing before the City Council. Thank you for your cooperation in this matter. • Sincerely, rd, Sch is Ann 3chric ©c??C 49 OLOLt to &U-C431 Va2.iam-?? (D oy?- -Pat&L A. 866 4qLF-7 March 11, 1988 City of Richfield 6700 Portland Avenue S. Richfield, MN 55423 Attn: Hearing Examiner Planning Department Dear Sir: With reference to the attached variance request for a three season porch, by Richard and Ruth Schrick, we have - no objection to this request. The Schrick property is adjacent to ours on the back or north side. We support their request and hope that you will grant same. • Robert H. Walker I q-d"-4111Ae-14( Shirley A. Walker (?7, YX REQUEST FOR VARIANCE OF C? FOR PURPOSE OF Aplwl Legal Descript' n: U We, the undersigned, being owners of immediate adjoining land as above described, do hereby concur with the variance as requested. Signature of Owners* Address L.J W t 60 ?D ? w?lii S d ? mil/ - ?7G zl? v ? .?`-?14? G Pte. r C; :.?.y1 S d ?e . 74,3 ,l 0?2'=I--? UO ti ?U * Signatures may not be removed once the petition is signed and returned to the Planning Division. I4 v? f? ? ? a /a 4 0 0 y /988 ???? VU12 V,-- I ?14-z i 11 s 4-17-88 City of Richfield 6700 Portland Ave. So. Richfield, Mn. 55423 Attn: City Council Dear Sirs: As a property owner at 7633 Wentworth Ave. So., joining the north side of the Schrick's property, I have no objection to their building a three season porch on the northeast corner of their property. I support their request and hope you will do the same. Sharon K. Abe • 0 LI 4-19-88 City of Richfield 6700 Portland Ave. So. Richfield, Mn. 55423 Attn. City Council Dear Sir: As a property owner at 7632 Wentworth Ave. So., across the street from the Schrick's, we have no objection to their building a three- season-porch. We support their request and hope you will do the same. • Ray Stell Mar ann Stellber y g • City of Richfield - 6700 Portland Avenue - Minnesota 55423 City Manager Mayor Council James D. Prosser Steve Ouam Edwina Garcia Ivan Ludeman Martin Kirsch Michael Sandahl PUBLIC HEARING NOTICE CITY OF RICHFIELD, MINNESOTA 0 TO: APPLICANT: LOCATION OF PROPERTY: CITY COUNCIL To property owners within 356 feet of 7639 Wentworth Avenue South Richard and Ruth Ann Schrick Lot 10, Block 2, R.C. Soens Addition PURPOSE: To hear reasons for or against the granting of a variance for the maximum lot coverage in single family residential district. The variance would allow the construction of a- three season porch. TIME OF HEARING: 7:00 PM, Monday, April 25, 1988 PLACE OF HEARING: Council Chambers, Richfield City Hall, 6700 Portland Avenue HOW TO PARTICIPATE: 1. To attend the hearing and give testimony for or against the proposal. 2. Submit a letter to the City Council expressing your views. 3. A copy of the staff report will be available for your review at City Hall on Friday, April 22, 1988. ANY QUESTIONS: Towhid Kazi Acting City Planner City of Richfield 6700 Portland Avenue Richfield, MN 55423 869-7521, Ext. 512 MAILING DATE: April 6, 1988 Telephone 869-7521 (612) An Equal Opportunity Employer (0 Fri Feb 26, 1988 2:58 PM CITY OF RICHFIELD PAGE 1 1 ? ASSESS BOSTBfi f 7639went ' nuor?e - c L r r, +Ct C, c LNAME ADDRESS CITY, STATE, ZIP PIN `?A!!LS fISLF1?E COLLET C1fFIBLt?; 11A?1 ? - D: HURT L I SANDY M KINCAID 7626 NICOLLET AVE RICHFIELD, MN 55423 34-02824-34-0006 ' NANCIE SMITH E 7638 NICOLLET AV S RICHFIELD, NN 55423 34-02824-34-00: - - - DAVID R MARTIN --T?64- T , AV 5 CAIIEL' YA r D EE - - j C M SHEPHERD 7645 BLAISDELL RICHFIELD, MR 55423 34-02824-34-00C2. ALBERT BARVATH 7639 BLAISDELL AVE RICHFIELD, MN 55423 34-02824-34-0::0 ?I.LITAXAI1ELTi-D?AL?63I ILK ML AV 5 BICAFIELD?4F 33 Bi4 4ZT R J WHITHER 7627 BLAISDELL RICHFIELD, NN 55423 34-02824-34-DCIZ DAVID OLSON 346 MAPLE ISLAND RD BURNSVILLE . KN ::337 34-02824-34-0013 -A1Z? IZEFiII"' 31 , X 423-Z'lEZT-. - u (WILLIAM L BEAT 7608 BLAISDELL RICHFIELD, MN 55423 34-0`824-34-00.7 VIRGIL CONWAY 7614 BLAISDELL RICHFIELD, NR 55423 3442824-34-0018 rp7WApAi-lAB1 E RICHFIELD, r ANTHONY KRUSE 7626 BLAISDELL RICHFIELD, MN 55423 34.02824.34-0C-20 GARY CHAFFIN 7632 BLAISDELL RICHFIELD, KN 55423 34-02824-34-0021 MT WALKER KEVIN I LEN?R RICE 7638 7644 KAIMLL BLAISDELL RICHFIELD, RICHFIELD, IN MR :?C3 55423 34-UUZ4-34-UJZZ 34-02824.34-0023 .I-ALMYRA B THORESON 7645 WENTWORTH RICHFIELD, MN 55423 34-02824-34-OC24 - RICHARD SCERICE SHARON K. ABE 753N 7633 WENTWORTH WENTWORTH RICHFIELD. RICHFIELD, ME NN J O 55423 J 34-02824-34-0:26 PAULINE RAWLINGS 7627 WENTWORTH RICHFIELD, NR 55423 34-02824-34-0027 34-UZlZ4-j4-UUZb STEVEN FOLWICK 7615 WERTWOETH RICHFIELD, KN $5423 34-02824-34-0029 RICHARD D NEUVILLE 7609 WENTWORTH RICHFIELD, MN 55423 34-02824.34-0030 J JORGENSON t D ATKINS 7614 WENTWORTH AV S RICHFIELD, NN 55423 34-02824-34-0034 D J DOWN 7620 WENTWORTH RICHFIELD, NO 55423 34-02824-34-0035 A Z RAYMOND STELLBUR"j 7632 WENTWORTH RICHFIELD, MN 55423 34-02824-34-0037 V tOREOWSKI 7638 WENTWORTH RICHFIELD, MN $5423 34-CI824-34-CO36 GARY C CUMBER BRYAN t CAROL ANDERSON 7544 7645 WENTWORTH AV 5 PILLSBURY RICHFIELD, RICHFIELD, NN NO 554Z3 55423 34-UZlZ4-34-U035 34.02824-34-0040 B FBEUNDSCBUH 7639 PILLSBURY RICHFIELD, NN 55423 _ 34-02824-34.0041 AVONELLE BRUDER 7533 PILLSBURY RICHFIELD, NN 554N 34-DZbZ4-34-UU4Z DELMAR P WOIDA 7627 PILLSBURY RICHFIELD, NO 55423 34-028:4-34-0043 DONALD WISEIPAUL GIBES 7621 PILLSBURY RICHFIELD, NR 55423 34-02824-34-0044 DAVID M A , DONALD C DERRICK 7609 PILLSBURY RICHFIELD, NO 55423 34-02824-34-0046 CBARLES/JILERN BOLLEMBACK 9728 - 16TH AVE SO BLOOMINGTON, NN 55420 34-02824-34-0054 HOVELSON 7Z40 GRAND 34-QZ8Z4-34-UC55 RICHARD WILLIAMS 7225 W 13ZND AVE APPLE VALLEY MN 55124 34-02824-34-0058 ROBERT J CAROLAN 8509 ALDRICH AVE S BLOOMINGTON MN 55420 34-02824-34-0060 CAL N A , 554ZT- 951 CEDAR PROP C/O N Z JONES 5290 VILLA WAY EDINA NN 55436 34-02824-34-0062 NEW ORLEANS COURT APTS 5290 VILLA MAY EDINA, NO 5 5436 34-02824-34-0063 NICOLLET EMBERS, INC 1564 UNIVERSITY AVE ST PAUL, MN 551 04 L t • CITY OF RICHFIELD, MINNESOTA Council Letter No. 104 Agenda April 25, 1988 Issue Statement: Purchase of Seasonal Street Maintenance Supplies in Excess of $5,000. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. Asphalt and tar for crack sealing and patching of City streets are purchased each year. Two quotes from suppliers were received: Commercial Asphalt Co. Bury Carlson, Inc. 2341 Mix 18.29/Ton 22.30/Ton Driveway Mix 18.93/Ton 22.70/Ton SSI Tack 4.00/Gallon No Bid The quotations do not include delivery. In 1987, Commercial Asphalt Co., which also had the City pick up • materials from the Burnsville plant, charged $16.98/ton for the 300 ton of 2341 Hiway Mix, $17/ton for the 100 ton of Driveway Mix and $4/gallon for the 200 gallons of SSI Tack. These materials are funded in the 1988 street maintenance budget as part of the seal coating project, which has an all-inclusive budget of $95,000, and as part of the maintenance and construction materials line item which has $3,000 for asphalt. Recommended Motion: Approve a 1988 Master Purchase Order for the purchase of these materials from Commercial Asphalt Co. in the amount of $8,180. Basis of Recommendation: 1. Commercial Asphalt submitted the low quotation. 2. The materials are needed for the summer street maintenance operation. Alternative Recommendation: None. U Discussion/Decision Mode: This item appears on the April 25, 1988 regular City Council Meeting Consent Calendar. Respectfully submitted, Jame . Prosser City anager JDP/eja E n U CITY OF RICHFIELD, MINNESOTA Council Letter No.103 Agenda April 25, 1988 Issue Statement: Presentation of Gene Jacobsen Citizen of the Year Award Background: Since 1972, the Richfield Human Rights Commission has awarded the Gene Jacobsen Citizen of the Year to an individual, family or organization in the community. The award is given to a person whose actions demonstrate an awareness and commitment to human understanding, tolerance, and the spirit of human relations. The Human Rights Commission has selected Emily Day as the recipient of this award for 1987. A plaque and certificate have been prepared for presentation to Ms. Day. Recommended Motion: • Present the Gene Jacobsen Citizen of the Year Award to Emily Day. Basis for Recommendation: 1. Emily Day was nominated and selected for this award. 2. This award is an excellent way to recognize those persons who volunteer their time and talents to help others. Discussion/Decision Mode: This item has been placed on the presentation section of the April 25 City Council agenda. Carole Rud, Chair of the Human Rights Commission, and other commission members will be present to assist the Council in making this presentation. Respectfully submitted, Jame D. Prosser Cit Manager JDP/eja 11 S`. ?t15 ? _ .. rg+ f < nL iti LY ti + ? ? L LL - - ?` L a --? L? ?'L`?_/ r L L? 41 ++? ?t{I? 'vf 1+! `1{ '?1 f1 1 4 R y+ ?. 1 V'++1+ ? 'I f11 1 40 JlTii \ ss€ y r OF:niaat N 4rT f? 3,+;? ? ~\ i++,+{t+i ? ^?1 iel?li+ll / / I;fA+'+1+? ail+fl+` !•t f _ . ?:iil+li+i? \ s .?e W ?+- O >, c O M a? 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YiY rrt?? ^'?l Vf•ti 7.?+r ?'??`r`??'fY,;,{';,-/ .. ?j CITY OF RICHFIELD, MINNESOTA Council Letter No. 102 Agenda April 25, 1988 Issue Statement: Issuance of a proclamation designating Saturday, May 7 as Audrey Swanson Day Background: Mrs. Audrey Swanson is retiring after 31 years of dedicated service as the children's librarian at the Augsburg Park Library. The Friends of the Library will host an open house for Mrs. Swanson at the Augsburg Library on Saturday, May 7 between the hours of 1:00 and 3:00 p.m. Prior to that date, the Friends of the Library have requested that this day be proclaimed "Audrey Swanson Day." Recommended Motion: Present the Audrey Swanson Day proclamation to Mrs. Swanson. Basis for Recommendation: 1. Mrs. Swanson should be recognized for her contributions to the community, and particularly to the children who • attend the Storytimes. Alternative Recommendation: 1. 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