The URL can be used to link to this page

08-11-09 agenda packet CITY OF RICHFIELD, MINNESOTA TUESDAY, AUGUST 11, 2009 SPECIAL CITY COUNCIL WORKSESSION CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. MONDAY`, ~I~Z~~~'° ;~~r€3 AGENDA Call to order Roll call 1. Discussion regarding unresolved issues related to design development phase of new Police/FirelCity Ha{I facility (Council Memo No. 132) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE TCJESDAY, Al3GRJST 11, 2x{39 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of July 28, 2009 and (2) Regular City Council Meeting of July 28, 2009 PRESENTATION 1. Annual meeting with Civil Service Commission COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits • Designation of Council Member(s) to attend National League of Cities Congress of Cities & Exposition (Council Memo No. 133) • Update regarding potential closure of Richfield Post Office (Council Memo No. 134) Notes: AGENDA APPROVAL 3. Council approval of agenda . CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of continuing public hearing to September 8, 2009 regarding modification to Redevelopment Plan for Richfield redevelopment project area; modification to tax increment financing plan for Interstate/Lyndale/Nicollet tax increment financing district; and proposed establishment of 2009-1 (Section 202) and 2009-2 (Section 811) tax increment financing district; all relating to Accessible Space Inc. and Twin City Christian Homes project S.R. No.154 B. Consideration of approval of resolution appointing Abisola Omiwade to Richfield Tourism Promotion Board, Inc. for remainder of three-year term ending December 31, 2009 S.R. No. 155 C. Consideration of approval of purchase and installation of 1,922 feet of sanitary sewer lining from Insituform Technologies USA, Inc. in amount of $55,636.80 S.R. No. 156 D. Consideration of approval of purchase of new control panel from Total Control Systems, Inc. for sanitary lift station at Richfield Ice Arena in amount of $25,257 S.R. No. 157 E. Consideration of approval of amendment to Public Health Emergency Preparedness contract for 2009-2010 with Minnesota Department of Health S.R. No. 158 F. Consideration of approval of authorizing City Manager to spend up to $40,000 for repairs and improvements to Fire Station 2 due to water damage occurring on August 4, 2009 S.R. No. 159 I,I 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS ~ 6. Public hearing regarding resolution adopting special assessment roll for 2008 removal of diseased trees from private property II Staff Report No. 160 Notes: 7. Public hearings regarding resolutions adopting special assessment rolls for 2008 ~'I maintenance services and resolutions ordering current 2010 maintenance services ' a. 77th Street maintenance Staff Report No. 161 Notes: b. Lyndale/HUB/Nicollet maintenance Staff Report No. 162 Notes: 8. Public hearing and second reading of ordinance modifying electric franchise fee on Northern States Power dba Xcel Energy for providing electric service within City of Richfield and resolution authorizing summary publication of ordinance Staff Report No. 163 Notes: 9. Public hearing and second reading of ordinance modifying gas franchise fee on CenterPoint Energy for providing gas service within City of Richfield and resolution authorizing summary publication of ordinance Staff Report No. 164. Notes: i ~II PROPOSED ORDINANCES 10. Consideration of second reading of ordinance amendment to City Administrative Code II Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules Staff Report No. 165 Notes: 11. Consideration of second reading of ordinance amendment to pawnbroker code, subsection 1187.43, relating to changing age limit from 21 to 18 years for pawn transactions Staff Report No. 1666 Notes: RESOLUTION AND PROPOSED ORDINANCE 12. Consideration of: • Resolution amending City,'s Comprehensive Plan at 301 77th Street West from regional commercial/office to high density residential and south portion of 7700 Pillsbury Avenue South from high density residential to medium-high density residential; and • First reading of ordinance amending Appendix 1 of City Code by rezoning 301 West 77th Street West from mixed use-regional to mixed use-community Staff Report No. 167 Notes: PROPOSED ORDINANCE 13. Consideration of first reading of transitory ordinance authorizing sale of real property at 7700 Pillsbury Avenue (south portion only) and scheduling second reading for September 8, 2009 Staff Report No. 168 Notes: ' RESOLUTIONS 14. Consideration of resolution authorizing subdivision for former City maintenance facility at 7700 Pillsbury Avenue into two separate tax parcels; parcel north of 77th Street and parcel south of 77th Street Staff Report No. 169 Notes: 15. Consideration of resolution amending planned unit development, final development plan and conditional use permit to allow conversion of retail space to 12 additional residential units at 700 66th Street East and 6501 Woodlake Drive; Market Plaza/Village Shores Staff Report No. 170 Notes: OTHER BUSINESS 16. Consideration of revised Cedar Point I I senior housing development proposal by Lang Nelson Staff Report No. 171 Notes: 17. Consideration of entering lease negotiations for use of identified future remnant parcel at 1710 East 78th Street; Normark site _ Staff Report No. 172 Notes: CITY MANAGER'S REPORT 18. City Manager's report Notes: 19. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. 'i Notes: I 20. Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. ~I CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2009 Council Memorandum No. 132 The Honorable Mayor and Members of the City Council Subject: Police/Fire/City Hall Facility Topics for Discussion on August 11, 2009 (Worksession Agenda Item No. i ) Council Members: As was indicated at the July 28 City Council meeting, there are still a few unresolved, yet critical issues that must be addressed in order for Wold Architects to proceed with developing contract documents. The items that must be decided upon by the City Council at the August 11 Worksession include: 1. Will exterior fins be incorporated into the building design? If so, at what spacing and depth? 2. Should interior light shelves be constructed? 3. What exterior materials and colors will be used? 4. Will Ortield Labs be retained for consulting on the City Council Chambers for an additional cost? In addition to the above-listed items, Building Maintenance staff would like the Council to revisit the option of installing terrazzo flooring in the public spaces based on maintenance concerns and along-term investment perspective. Representatives from Wold Architects and Orfield Labs will be present at the August 11, 2009 Worksession. Additionally, the Richfield Fire Chief and the Chief Building Official will be in attendance to advise the Council about specific concerns related to items #1 and #2. Attached, for your information, is an email from Kris Leaf (LEED AP), of the Weidt Group which conducted an energy analysis of the new facility. Although the final report from the Weidt Group is not yet completed (which mainly addresses energy bundling options), Kris. Leaf (LEED AP) provided staff with a brief summary of the Weidt Group's .conclusions regarding the energy cost implications of the use of exterior fins and interior light shelves (see attachment). Finally, at the August 11 Worksession, I will be reporting to the Council, a summary of the feedback received from City staff who attended a project update on August 5, 2009, conducted by Mike Klass _of Wold Architects. As the final users of the new facility, it is important that staff be kept up-to-date on the project plans and have the opportunity to offer comments and ask questions. Re pe ull s bmitted, teven evic anager SLD:cak Attachment Email: Department Directors Assistant to the City Manager From: Kris Leaf [mailto:KrisL@TWGLcom] Sent: Wednesday, August 05, 2009 2:32 PM To: Dare Conrads Cc: Paul Henderson; Jennifer Abbott Subject: Richfield City Hall -answers to 8/5/09 questions Mr. Conrads- I am sorry that I am not available to attend the City Council discussion on August 11~. Per your request, here is a summary of our conclusions on the energy cost implications of the two concepts you asked me to specifically address for the meeting: 1. The exterior shading ("fins") concept will result in a net energy cost penalty to the project. Using current Xcel Energy General Service electric rates and a natural gas rate of $1.00 per therm, the shading provided by the fins would reduce cooling costs by about $350 per year, but increase heating costs by about $550 per year, resulting in net penalty of about $200 per year. This is close enough that I would call them "energy neutral", but we can say with authority that energy cost savings would not be a compelling reason for employing such devices. 2. Interior light shelves were not analyzed in our report. However, if one of the reasons behind recommending these shelves is energy savings, I can. see no possibility for energy savings potential - increasing. with the addition of light shelves to the current design. Light shelves offer the potential for increasing the depth of davli~ht penetration, by "bouncing" the light further into the space: Increased penetration allows for more of the electric lighting to be controlled (reduced) when natural light is available, \ resulting in greater energy savings. However, the issue in this case is that the current design .already accomplishes 100% coverage of the available perimeter floor space, with the barriers being physical f (walls). Unless walls were moved, there is no way to increase the depth of daylight penetration. See pages 31 and 32 of the Strategy Report (dated July 21, 2009) for marked-up floor plans which illustrate this point. As I noted in our discussion, my comments are limited to the potential energy cost savings associated with the concepts. Exterior and interior shading devices have the potential to address issues such as direct sun control, a potentially important human comfort issue. If, however, someone is suggesting that energy cost benefits would be associated with these concepts, we can assert with confidence that they will not. Kris Leaf, LEED® AP THE WEIDT GROUP 5800 Baker Road Minnetonka, MN 55345 T 952.938.1588 F 952.938.1.480 twai.com - _ _ _ • ~ July 02, 2009 • ~ ~ • • • Orfield Laboratories Inc ~~jSn ~c~4s1'~Re~~r~h T e / `fjr'~l,O~ f/'g / Gs~0 7 `9hr~ 9 i 9,. o,~~~P~ ~G ~o~ cod.. o~ CLIENT PREPARED BY The City of Richfield Steven J. Orfield Wes Chapman CLIENT REPRESENTATIVE Orfield Laboratories, Inc. Mr. Steve Devich 2709 East 25'h Street City Manager Minneapolis MN 55406 6700 Portland Ave. Voice: (612) 721-2455 Richfield, MN 55423 Fax: (612) 721-2457 Phone: (612) 861-9702 E-mail: Email: sdevich@ci.richfield.mn.us ~ steve@orfieldlabs.com mike@orfieldlabs.com ARCHITECT Mr. Mike Klass PROJECT Wold Architects Memo 09- Counci! Chambers & 305 St. Peter Street Meeting Facilities St. Paul, MN 55102 Phone: (651) 227-7773 Email: mklass@woldae.com This memo is regarding the City Council Chambers project that was brought up during the last council session this week. i ....rr'r ~~©m~ ~ Project Daylighting Client City of Richfield Ortield Laboratories Inc COUNCIL CHAMBERS AND CONFERENCE ROOMS At our meeting this week, the design team discussed the design of the Council Chambers in some detail, to both of our surprise. I was not given an agenda, so 1 was not aware that this was on their agenda as yet. I talked with you and a number of the Council Members after the meeting about the current process .and their concerns about design, color, etc. The Council seemed clear in the need to get the Council Chamber into formal design, which was part of our original proposal. We also discussed- our work with Mapte Grove and Lakeville in developing their City Hall, Meeting Rooms and Council Chamber. And we discussed the many problems that most City Council Chambers exhibit. You had suggested sending along a memo for distribution to the City Council, and I am following up with this memo. As we discussed with the City Council prior to starting the City Hall project, the Council Chamber and other major meeting rooms need to be designed and modeled as a specialized space for daylighting, lighting, acoustics and audio- visual systems, and specialized systems need to be designed for all these applications. The existing CBPS thermal comfort and indoor air standards also need to be applied. There were a number of communications on this, and a guideline budget was included in our proposal, based on a hypothetical budget for AV and Lighting. Currently, the staff is being asked are being asked for input on the Council Chambers and adjacent conference and meeting rooms, and the Council Chamber has been designed to the level of Design Development. Before this is brought before the Council again, there should be a consulting involvement areas including: 1. Room Program for use 2. Room shape and its impact on acoustics, daylighting, and AV 3. Daylighting strategies that would support better, more relaxed meetings 4. Acoustic strategies and approach 5. Lighting strategies and approach 6. Budgets for Lighting, Acoustics and Daylighting and AV. 7. Color guidelines for lighting and daylighting and visual comfort Project Daylighting Client City of Richfield Ortield laboratories Inc 8. Isolation of the Council Chamber and Conference Rooms from outside noise. At this paint, it is important to take the chamber, and the associated conference .and meeting rooms, into formal technical design, so that these issues are dealt with clearly, and so that there is a professional execution. On City Halls, these issues are normally approached with specialized lighting, daylighting, acoustic and AV consultants. Orfield Labs consults in all of these areas. Please let me know when you would like to set up a meeting to discuss this. i !~I I Proiecl Occupancy Quality Client Richfield City Hall Orfletd Laboratories ine FEE RANGES FOR RICHFIELD PROJECT -TYPICAL RANGE & MINIMUM `(This is a listing of a series of options suaaested for Richfield and the recommended rninimurn stens_ if you chose those oationsl ~~I 1. Building Performance Standards {CBPS) - $27.500 Minimum $27,500 2. Building Performance Consulting (Lighting, Acoustics, Masking, Daylighting, Thermal and IAO standards) -1 % of project or less (Rance $100.000-X200.0001 this range depends of whether full consulting in each field is desired or support consulting to the design team is desired. (Le., full lighting design vs. assistance with fixture selection, testing and photometric evaluation) Minimum $100,00) 3. Full Occupancy Quality Consulting - 1 % of project or less -CBPM Occupancy Report - X25:000-each for pre, post and late post ($75,000 total), plus design consulting via visual juries and analysis (4 juries at $25,000 each - $100,000) Pre and Post Occupancy Study (CBPM) (2) Minimum $50,000 Visual Juries (2) Minimum $50,000 4. Performance Commissioning $25,000 Minimum $25,000 ~ 5. Council Chambers AV Design ($500,000 System) Minimum $50,000 6. Council Chamber Acoustics Minimum $25,000 7. Council-Chamber Lighting Minimum $25,000 CURRENT STATUS At the meeting in March, there was strong support for moving ahead with the :;application of our standards and protecting the quality of the building. Subsequently, representatives of Richfield contacted our references and were ;provided with .positive responses from those with whom they spoke. The benefits:, of this type.of consulting were confirmed to be very positive by all contacted clients, including: - The Minnesota Department of Transportation - Think Bank - Otmsted County Human Services - Maple Grove City Hall t CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2009 Council Memorandum No. 133 The Honorable Mayor and Members of the City Council Subject: National League of Cities Congress of Cities & Exposition November 10-14, 2009 in San Antonio, ~ (Council Agenda Item No. 2 ) Council Members: At the January 13, 2009 City Council meeting, the City Council discussed designating a Council Member to attend the annual conferences. Because the National- League of Cities Congress of Cities and Exposition agenda was not yet available, the City Council postponed making that designation. The NLC conference's schedule of events is attached and also available on their web site (www.nlc.orq) The advance registration deadline is September 30. Therefore, the City Council should make a designation, if they so choose, at the August 11, 2009 City Council meeting. If you have any questions, please contact me. Re I submitted, Ste . Devic ity Manager SLD:cak Attachment E-mail: Department Directors Assistant to the City Manager 2009 Congress of Cities Program Overview Page 1 of 6 Strengthening & promoting cities as centers of opportunity, leadership, and governance About Cities ~ Advocating For Cities ~ Resources Far Cities ~ Inside NLC ~ Conferences & Events j Newsroom Topics Home: Conferences Events: Congress of Cities Exposition: Congress of Cities Program In this Section Congress of Cities Program Overview Speakers/Presenters Spouse and Guest, ~ ~ Tours Registration and Housing 2009 Congress of Cities Exhibiting and Program Overview Sponsorship Mobile Workshops • Program Schedule 2009 City Showcase • General Sessions Participants_Look Who • Leadership Training Institute Seminars Is Coming • Workshops < Workshop content is developed through the summer prior to conference. Preliminary workshop titles are included below> Speaker Database Form Praise for the 2008 Congress of Cities: Contact Information 'The 2008 Congress of Cities and the National League of Cities both proved once again that the value gained is Congress of Cities just that...a true value to elected officials. The educational element is focused on the issues that we all face and ~ Online Home with many oppotumities to talk to others about common problems and how to deal with them." 2008 Congress of Cities Attendee 'The one thing that holds true year after year is community size is anon-issue. We are all faced with pretty much the same issues." 2008 Congress of Cities Attendee I Program Schedule (Subject to change. Schedule as of 5/18/2009) I Tuesday-Nov. 10 Wednesday-Nov. 11 Thursday-Nov. 12 Friday-Nov.13 Saturday-Nov.14 Leadership Training Leadership Opening General General Session Closing General Institute Seminars Training Institute Session Conference Session Seminars Conference Workshops Conference Board of Directors Workshops Exposition and City Workshops i and Advisory Council Exposition and City Showcase Delegates Luncheon Meetings Showcase Mobile Workshops Annual Business Policy Committee Mobile Workshops State League fleeting 'i Meetings State League Municipal Events lost City Closing Constituency and' Municipal Events Constituency and :vent Special Group Constituency and Special Group Meetings and Events Special Group Meetings and Events Mobile Workshops. Meetings and Member Events Fair/Attendee Orientation Welcome Reception and Exposition Opening City Showcase Openinq 2009 Congress of Cities & Exposition Preliminary Workshop List http://www.nlc.org/CONFERENCES-EVENTS/CONGRESS_OF_CITIES EXPOSIT... 8/3/2009 2009 Congress of Cities Program Overview Page 2 of 6 Thursday, November 12 1:00 p.m. - 2:30 p.m. II • Climate action: putting you city on the map • Democracy online: new technologies for citizen engagement • Doing more with less: getting Lc«c~ results for children and families • Downtown revitalization: akey to sustaining your city's economy • Leading and communicating in a time of crisis • Surface transportation reauthorization 3:00 p.m. - 4:30 p.m. • An educated choice: school district partnerships that pay off for cities • Everything old is new again: strategies for reinventing your local economy • Future of public sector pensions • Generating. local revenue for transportation • Green jobs: preparing for the new economy • Predictive and intelligent policing • The rise of media resources for immigrant communities Friday, November 13 11:00 a.m. -12:30 p.m. • Green affordable housing • Helping your city cope during the fiscal crisis • Increasing access to alternative forms of transportation • Local strategies to promote innovation and entrepreneurship • Product stewardship • Promising approaches to prevent youth and gang violence • Top plays of the day: great ideas for children, youth and families 2:30 p.m. - 4:00 p.m. • Green building practices • Health care reform and cities • Innovations in workforce development • More than meets the eye: bringing investment into previously overlooked markets • Sustainable water infrastructure • Veterans' healthy homing Saturday, November 14 10:45 a.m. - 12:15 a.m. • Increasing government efficiency through technology • Local foods • Practical strategies for attracting local investment • Transit-oriented development General Sessions Thursday, November 12 Watch the website for updates on Thursday's general session speaker. Friday, November 13 Watch the website for updates on Friday's general session speaker. Saturday, November 14 SatuMay Opening Session Ed Begley, Jr. Actor, Author and Environmental Activist Host of "Living with Ed" on HGTV, Ed Begley, Jr. will address attendees of the 2009 Congress of Cities and Exposition on sustainability during the Saturday, November 14, moming general session. http://www.nlc.org/CONFERENCES EVENTS/CONGRESS_OF CITIES_EXPOSIT... 8/3/2009 2009 Congress of Cities Program Overview Page 3 of 6 For more than 37 years, Begley has practiced living the green life and speaks eloquently of its benefits to individuals and communities. Explains Begley on a video from the website httna/livinawithed.net, even those skeptical of the role of human activity in climate change will find benefits from green action. At a minimum, people will see the benefits of cleaning up the air in heavily populated cities, putting money in their own pocket thanks to the long-term financial benefits of green actions and lessening dependence on foreign oil. Saturday Delegate Luncheon Speaker: Doris Kearns Goodwin Pulitzer Prize Winning Author and Historian li I Influential political author and historian, Doris Kearns Goodwin, will address 2009 Congress of Cities attendees on the subject of leadership in times of crisis during the closing general session on November 14. ~ ~ Goodwin's books provide insight and historical perspective on politicians past that are being studied by today's political leaders. t°" Her most recent work, a monumental history of Abraham Lincoln entitled Team of Rivals: The Political Genius of Abraham Lincoln, published in October 2005, joined the best-seller lists on its first week in publication, and soon reached #1 on the New York Times Best-Seller List. - ~ I I Register now to take advantage of the early, early bird rate (valid thru June 19) for the 2009 Congress of Cities to be held November 10-14 in San Antonio, Texas. Leadership Training Institute Seminars LTI Registration Opens June 11! Register at https://reg.jspargo.com/coc09/. For instructions on how to I, register for LTI Seminars if you have already registered for the Congress of Cities, see instructions below. For full seminar descriptions click here. ` i FULL-DAY SEMINARS i TUESDAY, November 10, 2003 L01: Local Action for Sustainable Economic Renewal ~ 9:00 am-5:00 pm Registration Fee: $180 Competency: Competent Practitioner Instructor: Gwendolyn Hallsmith, Director, Planning and Community Development, Montpelier, Vermont MORNING SEMINARS Tuesday, November 10, 2009 L02: Desperate Times Call for Desperate Measures: Building Community in Today's Economy 9:00 am-12:00 pm Registration Fee: $120 Competency: Collaborator Instructors: Marlene A. Pontrelli, Attorney, Mariscal, Weeks, Mdntyre & Friedlander, P.A., Phoenix, Arizona Barb Carter, former Council Member, Tempe, Arizona L03: Understanding and Effectively Using the New Media 9:00 am - 12:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, Minnesota L04: The Policymaker's Role in Creating Healthy Communities: WhaYs Health Got to Do with It? 9:00 am - 12:00 pm Registration Fee: $120 Competency: Catalyst Instructor: Linda Shak, Program Manager, Prevention Institute, Oakland, California L05: Managing Your Time as a Municipal Leader I~ http://www.nlc.org/CONFERENCES-EVENTS/CONGRESS_OF_CITIES EXPOSIT..: 8/3/2009 2009 Congress of Cities Program Overview Page 4 of 6 9:00 am - 12:00 Noon Registration Fee: $120 Competency: Cornerstone Instructor: David Peter Stroh; Principal, Bridgeway Partners, Brookline, Massachusetts AFTERNOON SEMINARS ' Tuesday, November 10, 2009 L06: Sustainability 101: Going Green and the Local Elected Officials Role 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Competent Practitioner Instructor: Sara Pesek, Director, Environmental Finance Center at Syracuse University, Syracuse, New York L07: Media Messaging: Building the Right Media Message 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Communicator Instructor: Lindsay Strand, President, Lindsay Strand Associates, Minnetonka, MN L08: City Leaders Who Make a Difference 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Catatyst Instructor: James H. Svara, Professor, School of Public Affairs, Arizona State University Back to Top L09: Staying Sane and Finding Your Game: Handling Conflicts in the Public Eye 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Eric S. Trogdon, Mediator, Trainer and Author, STEPS Canada, Burlington, Ontario, Canada L10 -Public Sector Leadership: Stewards of the Common Good 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Bill Grace, Grace and Associates, Bellevue, Washington FULL-DAY SEMINARS Wednesday, November li, 2009 Lll - A Foundation of Success: Build a Better Understanding of Yourself and Others 9:00 am - 5:00 pm Registration Fee: $180 Competency: Cornerstone Instructor: Joshua A. Sky, President, The Sky's the Limit Consulting, Inc., Estero, Florida L12 -Effective Councils and Boards: Avoiding the Board Trap 9:00 am - 5:00 pm Registration Fee: $180 Competency: Collaborator /Competent Practitioner Instructor: Dr. Eddie Holloway, President, Holloway and Associates, Hattiesburg, Mississippi MORNING SEMINARS Wednesday, November li, 2009 L13 -Building Public Trust through Performance Leadership 9:00 am - 12:00 pm Registration Fee: $120 Competency: Cornerstone Instructor: Kevin Baum, Founder and Principal, InCentergy, Ausfin,Texas L14 -Leadership in Changing Communities: The Impact of Paradigms upon Perceptions 9:00 am - 12:00 Noon Registration Fee: $120 http://www.rllc.org/CONFERENCES EVENTS/CONGRESS_OF_CITIES EXPOSIT:.. 8/3/2009 I 2009 Congress of Cities Program Overview Page 5 of 6 Competency: Collaborator Instructor: Claude Hurst, President, C.H. Hurst Associates, Inc., Miramar, Florida L15: Advocating for Your City: The Art of Persuasion 9:00 am - 12:00 Noon Registration Fee: $120 Competency: Communicator Instructor: John Daly, Ph.D., Professor, College of Communication, University of Texas at Austin, Austin, Texas L16 -Local Government Finance: Guarding the Public Checkbook 9:00 am - 12:00 Noon Registration Fee: $140 Competency: Competent Practitioner Instructor: Len Wood, President, The Training Shoppe, Rancho Palos Verdes, California AFTERNOON SEMINARS Wednesday, November 11, 2009 L17 -How to Inject Innovation into Local Govemment 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Catalyst Instructor: Patrick Ibarra, Co-Founder & Partner, The Mejorando Group, Glendale, Arizona i L18 -Leading with the Brain in Mind 1:30 pm - 5:00 pm ~ Registration Fee: $120 Competency: Cornerstone Instructor: Harold Suire, CEO, ERI Services, Inc., Baton Rouge, Louisiana L19 -The Communicator: Using Likeability and Storytelling to Connect with Constituents 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Communicator Instructor: Bill Graham, Professional Speaker and Trainer, Graham Corporate Communications, Montclair, New Jersey I L20 -Collaborative Ventures: Building a Vibrant Future in Your Community 1:30 pm - 5:00 pm Registration Fee: $120 Competency: Collaborator Instructor: Katherine Aguilar Perez, Executive Director, Urban Land Institute, Los Angeles District Council, Los Angeles, California L21: Leadership Luncheon 12:00 noon - 1:30 pm Registration Fee: $40 Moderator: Gene Schulter, Chair, Leadership Training Council, Alderman, Chicago, Illinois How Do I Register for LTI Seminars? I am already Registered for the Conference. -Update your registration Step 1 - Log on to the registration site using the link below. Step 2 - Scroll to bottom of the page. Step 3 - Click on "Make Changes to Your Current Registration" to make an addition to add seminars. Step 4 - Enter your email address in the field provided and your registration wnfirmation code. Step 5 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link to make your selections. Click here to register.. https://reg.jspargo.com/coc09/ I have NOT Registered for the Conference - follow the instructions below to register for the conference first then sign uo for LTI seminars. http://www.nlc.org/CONFERENCES EVENTS/CONGRESS_OF_CITIES EXPOSIT..: 8/3/2009 2009 Congress of Cities Program Overview Page 6 of 6 Step 1 - Log on to the registration site using the link below. Step 2 - Register for the Congress of Cities Conference. Step 3 - Obtain a confirmation code. * You will always need your email address and rnnfirmation code to access your registration profile.* Step 4 - Scroll down to "LTI Seminars" and click the "Add/Modify LTI Seminars" link and make your seminar, selections. Click here to register https:jjreg.jspargo.com/coc09/ National League of Cities 1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004 Phone:(202) 626-3000 • Fax:(202) 626-3043 info@nlc.org • www.nlc.org Privacy Policy http://www.nlc.org7CONFERENCES EVENTS/CONGRESS OF CITIES EXPOSIT... 8%3/2009 NLC Congress of Cities Conference & Exposition Registration and Housing Form Henry B. Gonzales Convention Center, San Antonio, Texas -November 10-14, 2009 This Form must be Postmarked by 09/30/09 to Qualify for Early Bird Registration No housing or registration will be processed without accompanying payment in full. Hotel Reservations: you must be registered for the conference to reserve a hotel room. To guaranties your room, as hotels require one nights deposit phrs 16.75Ye tax (subject to change), 30 days prior to Hotel Reservatbns: You must Are you a newly elected official? Size Of Clty? be registered for the Conference to reserve a hotel room To guaantee your room, all hotels require one nights deposit pWs 16.75° tax (subject to change), 30 days prior to your arrival This is regaled even if you plan to arrive be~re 6:00 Name Gender p.m. K accommodations are trot guaranteed 30 days in advance, the reservation will be canceled. Title L) Please make my hotel reservation ~ indicated below. City/Organization L ] I do not requre hotel accommodations at any of the hobis fisted bebw. [.J Aphough I am providing iNormation for a standad room now, please contact me regading subs information. Mailing Address Room Dates: Ardval Date: Deparhse Dale: / City State Zin Phone Fez Room Type: Single (1 persoNf bed) Lj Smoking Double (2 people/1 bed) L.j Non-Smoking Double/Double (2 people2 beds) 6rlail W Triple (3 people2 beds) Registrants Email U Ouad (4 people/2 beds) Spouse/Guest Name' ($80 feel - Room types cannot be guaranteed but Hotels will attempt to accommodate all requests. 'Spouse/Guestnot eligible fora separate hotel room. Fee is NONREFUNDABLE. Sharing My Room With (for Hotel Rate and Check In Purposes): Child Name (14 and under, no fee) Age_ 1) 2) . 31 Youth Delegate"* (15.18, $100 fee) Age_ Special Housing Request (e.g., wheelchair accessible rooms, etc.): Local officials are encouraged to register youth as active participants in this conference to contribute to If you have spedal housing or transportation needs; please contact NLC Meeting Services. NLC's youth agenda. If the youth delegate requires hotel accommodations separate from yours, attach their registration form with your completed form. Hotel Choices: Indicate your first-choice hotel with the number "1 Number the other hotels from "2" to "9" in order of preference. Grand Hyatt San Antonio is the headquarters hotel. Youth Chaperone Name ($100 fee) (Local Elected City Officials are not eligible for this rate.) Smoking NLC Rate Order Hotel Property? SgllDbl/idpl0uad Special Conference Rates Grand Hyatt No $224!$224/$249!$249 Marriott Rivercenter No $2241$224/$244?$264 SG $ 80 Spouse/Guest (non-refundable) $ Marriott Riverwalk No $2191$219/$239/$259 7 $100 Youth Delegate g Hilton Palacio del Rio No $2191$2191$2391$259 6 $100 Youth Chaperone (not applicable to elected officials) $ Hyatt Regency No $221/$2211$2461$271 22 $175 Student $ Menger Hotel No $1601$1601$1601$160 Sheraton Gunter No $1891$1891$1891$189 _ The Westin Riverwalk No ~ $2371$2371$257/$277 Registration Fees: Early Bird Valid Thru 09/30/09 Holiday Inn Riverwalk Yes $1841$1841$1941$204 1 NLC Member City $410 $ 2 Associate Member $410 $ 3 SML Member City $510 $ Hotel Deposit Information: All major credit cards with expiration date of 11/09 or later are accepted 4 Non-MemberlOther $570 $ at the conference hotels. All checks must be submitted to the hotel after September 9 but before 5 First Time Attendee $375 $ October 9 and are subject to approval. Please include your 6 digit REG ID # indicated on the NLC Meeting Services confirmation. Registration for Leadership Training Institute Seminars: To REGISTER, codes and fees are listed beside the Leadership Training Institute title in the brochure and RegisVation Fee Payment Information on the website. You must be registered for the conference in order to attend. Charge my REGISTRATION FEES to VISA, MasterCard or AmEx listed below Tuesday, November 11 -Full-Day Seminar $180.00 Code: $ U Check for REGISTRATION FEES made payable to National League of Cities Tuesday, November 11 -Moming Seminar $120.00 Code: $ Ga Purchase Order for REGISTRATION FEES -copy must be enclosed & payment must be received Tuesday, November 11 -Afternoon Seminar $ 120.00 Code: $ by October 03, 2009. Wednesday, November 12 -Full-Day Seminar $160.00 Code: $ Hotel Deposit Payment Information: (You must check one of the options below.] Wednesday, November 12 -Moming Seminar $120.00 Code: $ 4.1 Charge my HOTEL DEPOSIT to the credit card listed below U Check for HOTEL DEPOSIT -please submit to hotel address noted on confirmation after Wednesday, November 12 -Attemoon Seminar $120.00 Code: $ September9 and before October 9 - subject to hotel approval. LTI Participant 8 Recognition Luncheon $ 40.00 Code: $ L16 Only Full Day, (Booklet included with Course) $ 140.00 Code: $ Credit Card Authorization: NLC Registration and Housing Services is authorized to use the card below to pay all applicable registration fees and guarantee my hotel reservation. I understand that one night's Constituency Group 2010 Combined Dues and Special Event Fees room charge will be forfeited if I fail to show up for my assigned housing on the corfinned arrival date You must be registered for the conference in order (o attend. unless I have canceled my reservation with the hotel at least 72 hours in advance. I understand that if I do Al $65 APAMO DueslActivities (electedlmembercfity) $ not show at the hotel on my confirmed arrival date, my reservation will not be reinstated for remainder of A2 $100 APAMO DueslActivities (elected/nonmember city) $ the stay unless I instruct the hotel to reinstate my reservation. Reinstated reservations are subject to A3 $150 APAMO DueslACtivities (supportinglcorporate member) $ hotel's availability. G1 $55 GLBLO Dues $ VisalMasterCard/AmEx Number Exp. Date_ H1 $130 HELD Dues/Activities (electedlmemt>ercfity) $ Card Holder Name H2 $140 HELD Dues/Activities (electedlnonmemberety) $ H3 $155 HELD Dues/Activities (supportinglcorporate member) $ Card Holder Signature H4 $75 HELD Activity Fee (nonmember onty) $ AddRional Credit Card Authorization: For hotel deposit only'rf different than the credit card number N1 $215 NBGLEO Dues/Activities (electedlmemt>erety) $ listed above. (Expiration date must be 11/09 orlater, per hotel requirement) N2 $240 NBGLEO Dues/Activities (electedlnonmembercfity) $ N3 $315 NBGLEO Dues/ACtivities (supporting member) $ Credit Card Number Exp. Date_ N4 $85 NBGLEO Membership Luncheon Event Card Holder Name (nonmember onty) $ Card Holder Signature W1 $115 WIMG Dues/Leadership Award Lunch (elected/memtaar City) $ Return Corrferenee Registralion and Housing Form to: W2 $125 WIMG Dues/Leadership Award Lunch Faz: 703~63f-6286 (Credit Card and Purchase Orders Only-No Checks) (elected/nonmemberety) $ Mail NLC Registration & Housing Services, c/o J. Spago & Associates, Inc. W3 $145 WIMG Dues/Leadership Award Lunch (supporting member) 112oa waples lute Road, Suite 112, Faifax, VA 22030 $ "'Make a copy of this form foryour records ' W4 $65 WIMG Leadership Award Lunch (nonmember only) $ OUESTIONSABOUfREGISTRATOµHOUSING,orINVOICES WS $50 WIMG Rece on members and ranmembers e~all: nkxeaaadhousngftLsoaao.com Pti ( ) $ Phone: sss-81g36snor7o3~assalb IUIHL IItdIO11U111UIV f•tt: S Registration Cancellation Policy: Htl Subblk Cata Rate AA requests must be received in writing, postmarked by October 20, 2009, and are subjectto a $75 cencellation tae. No partial refunds will be made 'rf you decide not to attend particular tunc8ons. No registrations or eance8ations will be accepted by telephone. No cance9ations will be accepted attar October 20, 2009. Office Use Onty Payment Cheeldf AmouN _ _ _ _ CITY OF RICHFIELD, MINNESOTA Office of City Manager August 6, 2009 Council Memorandum No. 134 The Honorable Mayor and ' Members of the City Council Subject: Richfield Post Office (Council Agenda Item No. 2 ) Council Members: The Unites States Postal Service (USPS) announced in late July that they are contemplating the closure of post office branches throughout the country as a cost saving measure. While the Postal Service has not yet identified how many closures will ultimately occur, they have released a list of 3,200 locations that they are reviewing as potential closures. Of these, 24 are located in Minnesota (see attached list). Richfield's post office is among those listed as one of the 24 Minnesota branches under review for possible closure. A July 24, 2009 Star Tribune Article (attached) claims that, of the 24 branches being reviewed, "the Postal Service is closely examining seven locations for closure." Staff has been in discussions with local USPS representatives for the past three years. In these discussions, staff has consistently represented that the City wishes to retain a retail/service presence of the post office in the vicinity of Lyndale Avenue and 66th Street, but that the sorting/trucking facilities may be more appropriate elsewhere (as the site is too small to accommodate these functions). A letter to that effect was sent to Senator Klobochar and Representative Ellison in early 2008. As recently as August 4, staff has communicated to the Facilities Specialist of the USPS' "Northland Region" to express Richfield's support for retaining aretail/service presence of the post office in our community. R I submi , ev City Hager SLD:cak Attachment Email: Department Directors Assistant to the City Manager (WESTERN COMIY FTC-OLD TOWN STA FORT COLLINS CO (WESTERN CONVY PBL-BELMONT STA PUEBLO CO WESTERN Dakotas University Station FARGO ND WESTERN Hawkeye East 14th Retail- Des Moines DES MOINES IA WESTERN Hawkeye East Des Moines DES MOINES IA WESTERN Hawkeye Highland Park-Des Moines DES MOINES IA WESTERN Mid-America KCK-FAIRFAX KANSAS CITY KS WESTERN Mid-America KCK-INDIAN SPRINGS ST KANSAS CITY KS WESTERN Mid-America KCK-PACKER KANSAS CITY KS WESTERN Mid-America- KCM-BOARDWALK KANSAS CITY MO WESTERN Mid-America KCM-CENTER SQUARE KANSAS CITY MO WESTERN Mid-America KCM-CENTROPOLIS KANSAS CITY MO WESTERN Mid-America KCM-CIVIC CENTER KANSAS CITY MO WESTERN Mid-America KCM-METRO MALL KANSAS CITY MO WESTERN Mid-America KCM-NORTHEAST KANSAS CITY MO (WESTERN Mid-America KCM-SOUTHEAST STA KANSAS CITY MO (WESTERN Mid-America KCM-WILLIAM CHICK KANSAS CITY MO (WESTERN Mid-America SHA-MISSION SHAWNEE MISSION KS (WESTERN Mid-America SHA-OVERLAND PARK BR SHAWNEE MISSION KS (WESTERN Mid-America SHA-SHAWNEE BR SHAWNEE MISSION KS (WESTERN Nevada Sierra Desert Inn Retail Unit LAS VEGAS NV (WESTERN Nevada Sierra Las Garside LAS VEGAS NV (WESTERN Nevada Sierra Las Huntridge LAS VEGAS NV (WESTERN Nevada Sierra Las King Station LAS VEGAS NV (WESTERN Nevada Sierra Las Strip Station LAS VEGAS NV (WESTERN (Northland DUL -WEST DULUTH STAT DULUTH MN (WESTERN (Northland (MAN-NORTH MANKATO BR IMANKATO MN (WESTERN (Northland (MIN-BROOKLYN PARK BR (MINNEAPOLIS MN (WESTERN (Northland (MIN-BUTLER QUARTER ST (MINNEAPOLIS MN (WESTERN (Northland (MIN-COMMERCE STA (MINNEAPOLIS MN (WESTERN (Northland (MIN-CRYSTAL BR (MINNEAPOLIS MN (WESTERN (Northland (MIN-DIAMOND LAKE STA (MINNEAPOLIS MN IWESTERN (Northland (MIN-DINKY TOWN STA (MINNEAPOLIS MN (WESTERN (Northland (MIN-EDINA BR (MINNEAPOLIS MN (WESTERN (Northland (MIN-NOKOMIS STA (MINNEAPOLIS MN (WESTERN (Northland (MIN-PLYMOUTH (MINNEAPOLIS MN WESTERN (Northland IVIIIV-KIUHFIt~ (MINNEAPOLIS MN WESTERN (Northland - STA (ROCHESTER MN WESTERN (Northland (ROC-CITY STA (ROCHESTER MN WESTERN (Northland ISTC-CENTRE PLACE STA (SAINT CLOUD MN WESTERN (Northland ISTC-WRITE PARK BR (SAINT CLOUD MN WESTERN (Northland ISTP-COMO STA (MINNEAPOLIS MN WESTERN (Northland ISTP-MENDOTA BR (SAINT PAUL MN WESTERN (Northland ISTP-MN TRANSFER STA (SAINT PAUL MN WESTERN (Northland ISTP-SEEGER SQUARE FST (SAINT PAUL MN WESTERN (Northland ISTP-TWIN CITIES AMF S (SAINT PAUL MN (WESTERN (Northland ISTP-UPTOWN STA (SAINT PAUL MN ~ (WESTERN (Portland OR ~EUG-UNIVERSITY (EUGENE OR (WESTERN (Portland OR ~POR-BROOKLYN (PORTLAND OR (WESTERN (Portland OR IPOR-CENTRAL ST (PORTLAND OR (WESTERN (Portland OR IPOR-SOLOMAN (PORTLAND OR (WESTERN (Portland OR (SAL-BROOKS (SALEM OR (WESTERN (Portland OR (SAL-OAK PARK (SALEM OR (WESTERN (Salt Lake City (Boise Airport Station BOISE ID (WESTERN (Salt Lake City (Boise Collister Station (BOISE ID (WESTERN (Salt Lake City (Ogden Town Station IOGDEN UT (WESTERN ISaIt Lake City (Pocatello Bannock IPOCATELLO ID (WESTERN (Salt Lake City ISLC AMC (SALT LAKE CITY UT (WESTERN (Seattle (KEN-MIDWAY FSTA (KENT WA (WESTERN (Seattle (SEA-FEDERAL FSTA (SEATTLE WA (WESTERN (Seattle ISPO - TRENTWOOD BRANCH (SPOKANE WA (WESTERN (Seattle ITAC-M L KING JR STA TACOMA WA (WESTERN (Seattle ITAC-SOUTH TACOMA TACOMA WA USPS -July 28, 2009 Postal Service considering shutting some MN locations Page 1 of 2 . , 1K 'r" 'Y,' v 15I111C~C(i!t'~, Postal Service considering shutting to a sharp decrease in advertising mail and some MN locations consumers' growing reliance on Internet bill payments and services, a phenomenon that has hurt traditional mail volume and revenue. Twin The U.S. Postal Service is reviewing 24 Cities union leaders oppose the plan, fearing that locations in Minnesota and 3,200 employees will be uprooted with job across the country for possible reassignments, and that mass layoffs will ensue CIOSIng t0 SaVe rilOney. once their contract expires in 2010. By CHAO XIONG, Star Tribune "We do understand that we're facing a difficult reality, and we have to find ways to adapt to keep Last update: July 24, 2009 - 1:00 AM ourselves relevant," said Pete Nowacki, spokesman for the Postal Service in Minneapolis. The U.S. Postal Service is looking at possibly "We need to look at every part of our operation to closing two dozen post office locations in save money. Minnesota in the face of a slumping economy and an irreversible consumer shift toward Internet The Postal Service expects to deliver about 180 services. billion pieces of mail by the end of this year, compared with 212 billion in 2006. The Postal Out of the 24, the Postal Service is closely Service expects to end this fiscal year with a $6 examining seven locations for closure; it is billion loss, Nowacki said. unclear how many locations total could potentially shut down. About 3,200 post office "Every time you pay a bill online, that used to be a locations across the country are being reviewed stamp we sold," he said. "That's part of our for possible closure. Stamp vending machines revenue that's gone, and we understand that it's also are being phased out, and thousands of blue not coming back." post boxes are being pulled. Nowacki said there isn't a set deadline for the "We're taking extraordinary moves to deal with closures, and that no final decisions have been the extraordinary times we're dealing with," said reached. Greg Frey, a U.S. Postal Service spokesman out of the D.C. headquarters. A public meeting is scheduled for Tuesday regarding the possible closure of the Seeger The Postal Service says it's a necessary reaction Square Finance Station in St. Paul, said Thomas Advertisement ~e>~id now~ers for arav occasion ~ ouc u~ ~s , mm of l l ~ x ~ Order ONLY at proflowers.com/happy Prod lowers or call 1-877-888-0688 . . W , Print Powered BY ,v~ `CZynamic r`< w~ http://www.startribune.com/local/51529542.html 8/5/2009 Postal Service considering shutting some MN locations Page 2 of 2 ~I~ x. ~ , ' ~ t~~i~l~u ~~r Edwards, president of the St. Paul American Postal would be really disappointing," she said. Workers' Union. Edwards and Jerry Sirois, president of the Minneapolis American Postal Lopez, who has mobility issues because of her Workers' Union, fear that shutting down stations health, said the location is convenient for her will simply force even more customers to rely on because it's on a bus route, is next door to a the Internet, or push them towards other outlets, Rainbow grocery store and provides something such as UPS or FedEx. she can't get online customer service. Last year a letter her son sent from his Marine Corps base "It's like if McDonald's said to customers, 'We in California went missing. Lopez went to the can't serve you hamburgers anymore. You have to Seeger Square location for help. They located the go to Burger King,"' Sirois said. "What the [Postal] lost letter; she received it the next day. Service is doing right now is aself-fulfilled prophecy." "They've got really good service," she said. "If I have a problem, they take care of it." The men maintain that cutting management positions and eliminating discounts to mass Postal Service spokesmen Nowacki and Frey said mailers, like credit card companies, is a better the closures aren't about cutting customer alternative. service, but rather streamlining efficiency and cutting costs at a time when the Postal Service has Some of the stations, like the Seeger Square taken a knife to so many other parts of its location and the Dinkytown station in operation. It cut 50 million work hours last year, Minneapolis, serve niche markets that won't easily reduced the number of carriers while increasing ~ find comparable alternative services, the union route lengths, postponed building projects and leaders said. Seeger Square serves the elderly and cut its workforce by 25,000 so far this year. This immigrant populations, and Dinkytown serves year, the Postal Service consolidated its 80 district students from all over the country and world who offices into 75. A proposal to cut mail delivery rely on P.O. boxes, the men said. from 6 to 5 days a week is under review. On a recent afternoon, Dalia Lopez stopped by "The situation is quite dire," Frey said. the Seeger Square location, where she regularly buys stamps, drops off mail and sends packages Chao Xiong • 612-673-4391 and money orders. "1 hope they don't close it down, because that Advertisement ~ ~ ? y -,r OIV""f,Q,UR F=1EAL~i1:I~EXPENSES IyENTAI. Di[SCOUNTS VISION CARE D15CU!lNTS ~.~a'~t aac~ro~ ~ Hasl>r~rai, biscattt~TS >~1~~ ~ SUN QtscoUrr~cs - FFi' E~ Product Trial z~/~ ~lt~xstct~t~ ~?c:5 • ~etai~oc^~ Print Powered BY .~,m ' ...m'..~ ,^yDynar~tlcs__,' http://www.startribune.com/local/51529542.html 8/5/2009 CITY COUNCIL MINUTES ~ Richfield, Minnesota Special Worksession July 28, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:35 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; Kristin Asher, City Engineer; and Cheryl Krumholz, Recording Secretary. Item # I DISCUSSION REGARDING STORMWATER CAPITAL IMPROVEMENT PROGRAM (MEMO NO. 126) Public Works Director Eastling and City Engineer Asher made a PowerPoint presentation (City Clerk File No. C-453) including history, quantity versus quality, Capital Improvement Program (CIP) status, quantity projects, quantity benefits, City Hall, and regional projects. Pete Willenbring, WSB consultant, discussed feasibility reports related to the flooding issues in the vicinities of 65th Street/Newton Avenue and 68th Street/Oliver Avenue. Mr. Willenbring reviewed various alternatives to address the problems and recommendations for the most cost-effective, feasible options for each area. Sherry Barnes, 6525 Newton Avenue, who stated she does not experience flooding in her home, spoke in opposition to a retaining wall due to safety and liability issues. She suggested a different style wall and that the City purchase two homes that are currently in foreclosure and flood regularly as a way to address flooding problems. Council Member Wroge agreed this may be an opportune time to contact the financial agencies regarding purchasing the foreclosed homes and consider creating a pond for overflow water. Mr. Willenbring stated the location of the homes will determine if purchasing is a reasonable use of public dollars for private benefit. Council Member Sandahl added that obtaining unanimous decisions of the homeowners on how to address the flooding may be difficult. City Engineer Asher discussed the Legion-Taft-Nokomis area water quality improvement project. Special Worksession Minutes -2- July 28, 2009 Mr. Willenbring stated this project could significantly reduce pollutants loading in Lake Nokomis from Richfield. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:47 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz .Steven L. Devich Recording Secretary City Manager CITY COUNCIL MEETING MINUTES ' ~ Richfield, Minnesota Regular Meeting July 28, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Brad Sveum, Fire Services Director; Chris Regis, Finance Manager; Chris Link, Street Maintenance Supervisor; Pam Dmytrenko, Assistant to the City Manager; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. OPEN FORUM Kamm Modrynski, 220 East 66th Street, spoke about problems he has experienced with permits and inspections and that he is unable to receive foreclosure financial assistance. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES ~I M/Sandahl, S/Wroge to approve the minutes of (11 Special Citv Council Worksession of Julv 14. 2009: (2) Regular Citv Council Meeting of Julv 14. 2009: and (3) Special Citv Council 'i Worksession of July 20. 2009. Council Meeting Minutes -2- July 28, 2009 Motion carried 5-0. Item #1 -CONSIDERATION OF RESOLUTION ACCEPTING $1000 GRANT FROM SAM'S CLUB FOUNDATION TO RICHFIELD FIRE SERVICES DEPARTMENT S.R. NO. 141 Mayor Goettel presented Staff Report No. 141. M/Goettel, S/Sandahl that the followina resolution be adoated and that it be made part of these minutes: RESOLUTION NO. 10265 RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION BY THE III SAM'S CLUB FOUNDATION COMMUNITY GRANTS PROGRAM TO THE CITY OF RICHFIELD FIRE DEPARTMENT IN ACCORDANCE WITH THE TERMS PRESCRIBED BY THE DONORS ~ Motion carried 5-0. This resolution appears as Resolution No. 10265. Item #2 CONSIDERATION OF RESOLUTION AUTHORIZING PUBLIC SAFETY DEPARTMENT/POLICE DIVISION TO ACCEPT MONETARY DONATIONS FOR SAFETY DAY 2009 AND 2010 S.R. NO. 142 Mayor Goettel presented Staff Report No. 142. M/Goettel, S/Sandahl that the followina resolution be adoated and that it be made part of these minutes: RESOLUTION NO. 10266 RESOLUTION AUTHORIZING RICHFIELD PUBLIC SAFETY/POLICE DEPARTMENT TO ACCEPT MONETARY DONATIONS FOR SAFETY DAY 2009 AND PREPARATION FOR 2010 Motion carried 5-0. This resolution appears as Resolution No. 10266. Item #3 COUNCIL DISCUSSION • UPDATE REGARDING NEIGHBORHOOD INSPECTION PROGRAM • HATS OFF TO HOMETOWN HITS Council Member Elliott announced the second annual PennFest on August 9. Council Member Sandahl announced the Night to Unite (formerly National Night Out) on August 4. Council Meeting Minutes -3- July 28, 2009 Council Member Fitzhenry announced the Urban Wildland 5K and Marathon race on August 1. Recreation Services Director Topitzhofer discussed the closure of the trail along the north side of Veterans Park to allow construction of an improved amenity of a pedestrian bridge resulting from the Mn/DOT Crosstown project. Mayor Goettel stated GSA is looking for a business space to rent in the 494/169, Crosstown/77th Avenue area. Mayor Goettel reported on the Regional Council of Mayors initiatives of the Green Step Cities sustainability grants and potential ordinances for environmental studies for developers in lieu of the Comprehensive Plan. Public Safety Director Fritz provided an update on the Neighborhood Inspection Program. Item #4 COUNCIL APPROVAL OF AGENDA Mayor Goettel requested the agenda be amended to consider an offer to sell the City the land located at 6754 Portland Avenue. City Manager Devich stated there are audio upgrades underway for the Council Chambers. M/Wroge, S/Sandahl to approve the agenda as amended. Motion carried 5-0. Item #5 CONSENT CALENDAR A. Consideration of approval of first reading of ordinance modifying electric franchise fee on Northern States Power dba Xcel Energy for providing electric service within City of Richfield and scheduling public hearing and second reading for August 11, 2009 S.R. No. 143 B. Consideration of approval of first reading of ordnance modifying gas franchise fee on CenterPoint Energy for providing gas service within City of Richfield and scheduling public hearing and second reading for August 11, 2009 S.R. No. 144 C. Consideration of approval of first reading of ordinance amendment to City Administrative Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules and scheduling second reading for August 11, 2009 S.R. No. 145 D. Consideration of approval of contract change order #1 for additional tree removal in amount of $19,151 and change order #2 for frost footings under concession stoop in amount of $2,719.20 for Lincoln Athletic Complex S.R. No. 146 E. Consideration of approval of authorizing Joint Powers Agreement between City of Richfield and Regional All-Hazards Incident Management Organization S.R. No. 147 F. Consideration of approval of issuance of new on-sale wine and 3.2 percent malt liquor licenses for Lariat Lanes, 6320 Penn Avenue S.R. No. 148 G. Consideration of approval of temporary on-sale 3.2 percent malt liquor and public dance licenses for The Church of the Assumption annual Fun Fiesta on August 16, 2009 S.R. No. 149 Council Meeting Minutes -4- July 28, 2009 M/Sandahl, S/Wroge to approve the Consent Calendar. Motion carried 5-0. Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #7 CONSIDERATION OF RESOLUTION AUTHORIZING OPTION AGREEMENT WITH ACCESSIBLE SPACE INC. FOR REDEVELOPMENT OF 7700 PILLSBURY AVENUE, SOUTH PORTION OF FORMER PUBLIC WORKS FACILITY SITE S.R. NO. 150 Council Member Elliott presented Staff Report No. 150. Council Member Elliott asked how the appraisal was determined for this parcel. Community Development Director Stark explained the blended numbers from the shadow value and appraised value. Rebecca Kurtz, Ehlers & Associates, explained the present value determination and tax increment financing revenue stream. Council Member Elliott suggested the option agreement include an initial payment amount to reimburse for staff time spent on this project. He also asked about the HUD funding timeline. Dan Bilmark, ASi, explained the anticipated HUD timeframe. Council Member Elliott questioned who was responsible for paying real estate taxes in interim of transferring ownership. City Attorney Heine explained the payment of real estate taxes. Council Member Wroge stated the resolution should be changed to indicate Richfield is in Hennepin, not Ramsey, County and the word "substantially" should be removed from Item 2 related to the Mayor and City Manager executing an agreement because the option agreement should be returned to the City Council for consideration if there are any changes. City Manager Devich explained the tax capacity rate. Community Development Director Stark explained the land use requirements and setback have been analyzed and in staff's opinion, multi-family use was the best. City Attorney Heine clarified the payment of real estate taxes is addressed in the option agreement. Council Meeting Minutes -5- July 28, 2009 Council Member Wroge questioned the changing of the Comprehensive Plan for one development could mean changing it for another. Community Development Director Stark explained the required Comprehensive Plan and/or zoning changes needed for this parcel. Council Member Wroge stated this was a good development but the City could possibly do better with not taking the first developer to express interest. City Manager Devich stated the City Council should decide: • Whether they want to proceed with selling the property now pending the HUD funding, or keep the parcel on the market to possibly get more money with a different use. • To move ahead but refine the option agreement and conduct an appraisal which could take two months. • Include a provision in the agreement to recover administrative costs. • Include timeframes in the option agreement, which are dictated by HUD. City Manager Devich continued that ASi needs this portion of the option agreement in place or they are unable to proceed with the HUD funding application. Council Member Sandahl expressed support for the agreement because it is a good project with laudable goal of affordable housing and administered properly. She agreed that the agreement should include a cost to cover staff time and that she had no issue with "substantially" remaining in the resolution because she trusted the judgment of the Mayor and City Manager. Council Member Fitzhenry agreed with Council Member Sandahl and added that developing this parcel may increase the value of other sites. Council Member Wroge expressed concern of the delay from TIF in the ability to re-pay the new garage bond debt. Ms. Kurtz explained the tax increment will be used to pay back debt service. Mayor Goettel stated the project is a good benefit to community but does not put the City in the best position to repay debt on the garage. Council Member Elliott clarified the word "substantially" is subject to definition, not a trust issue. He added that he was not going to bet on the future of commercial development properties in these economic times, and would support this project. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: and to determine staff time and include for reimbursement in the option agreement. to confirm the language on pro-rated real estate taxes with rJavment as the buyer's responsibility. and to allow the Mayor and Citv Manager to execute a revised option agreement: RESOLUTION NO. 10267 RESOLUTION AUTHORIZING OPTION AGREEMENT Motion carried 4-1. (Wroge oppose) This resolution appears as Resolution No. 10267. Council Meeting Minutes -6- July 28, 2009 Item #8 CONSIDERATION OF PLACEMENT OF PERMANENT BARRIERS ON 64TH AND 65TH STREETS AT RICHFIELD PARKWAY (17TH AVENUE) FOR NEIGHBORHOOD WEST OF CEDAR POINT S.R. NO. 151 Council Member Fitzhenry presented Staff Report No. 151. Andy Hartle, 6332 - 17th Avenue, stated there would be increased traffic and noise on 17th Avenue if the barriers are installed. He added that if truck traffic is to be on the road around Taft Park, that road will be destroyed. The City Council requested traffic counts be conducted to determine traffic impacts on other residents in this area from the barriers and/or an unsafe hazard is created so the City Council can revisit this issue if necessary. Council Member Wroge suggested posting truck limits on 17th Avenue to force trucks around Taft Park. City Manager Devich stated staff will review the developer's agreement regarding truck traffic. He said he met with Home Depot regarding the residents' concerns. M/Fitzhenry, S/Goettel to approve placement of permanent barriers on 64th and 65th Streets at Richfield Parkway (17th Avenue) for neiahborhood west of Cedar Point. Motion carried 5-0. Item #9 CONSIDERATION OF STREET LIGHT USER IMPLEMENTATION SCHEDULE PLAN AND SCHEDULE PUBLIC HEARING ON SEPTEMBER 8, 2009 S.R. NO. 152 Council Member Sandahl presented Staff Report No. 152. Public Works Director Eastling explained the residential and commercial fee based upon area. The exception when this fee was in place in 1995 was that the church and school properties fees were reduced to 25% of the rate because there are no City streets or lights on the property. Mayor Goettel questioned lights on Xerxes Avenue from 66th Street to Crosstown. Public Works Director Eastling responded he would check this. He said apartment buildings are charged as commercial properties. No public hearing on imposing the fee is required, only a resolution. Council Member Wroge stated the fee proposed is not adequate to cover the cost of the street light electricity. He added his belief that this fee should be part of property taxes. City Manager Devich explained how he determined the rate based upon the consideration of balancing revenues and trying to keep the tax levy lower than double digits. The 2010 budget includes revenue form the street light fee. Council Meeting Minutes -7- July 28, 2009 The City Council consensus was to implement a street light user fee adequate to cover electric costs. M/Sandahl, S/Fitzhenry to approve street light user implementation schedule plan and schedule public hearing on September 8, 2009. Motion carried 5-0. Item #10 CONSIDERATION OF DESIGN DEVELOPMENT PHASE FOR NEW POLICE/FIRE/CITY HALL FACILITY S.R. NO. 153 Council Member Wroge presented Staff Report No. 153. Mike Klass, Wold Architects, reviewed the design development. Mike Cox, Wold Architects, reviewed the budget and construction schedule. Mayor Goettel asked about Orfield Laboratories working on the Council Chambers acoustics. City Manager Devich responded the original Orfield contract was for design standards for City Hall and did not include work on the Council Chambers. The Orfield proposal included design, acoustics, and visual work for $100,000 and the City Council declined. City Manager Devich added the City Council will also need to make decisions on energy conservation measures after reviewing the "White Paper." The City Council consensus was to consider the Orfield proposal at a future City Council meeting. M/Wroge, S/Elliot to approve design development phase for new Police/Fire/City Hall facility. Motion carried 5-0. Item #11 CITY MANAGER'S REPORT Public Works Director Eastling discussed the Metro Sewer Project and Three Rivers Park Regional Trail along 76th Street and the intended construction of a multi-use path as a continuous path for reasons of ride quality, safety, and maintenance. Residents along the path will receive a letter clarifying the City's intent on constructing the asphalt path. Council Member Sandahl added that the asphalt is in City right-of-way. Public Works Director Eastling stated that Three Rivers would be responsible for maintenance and repair of the path and the City would monitor. The City Council consensus was to proceed with the asphalt path. Council Meeting Minutes -8- July 28, 2009 Item #12 CLAIMS AND PAYROLL M/Sandahl, S/Wroge that the following claims and payrolls be aaproved: U.S. BANK 07-28-09 A/P Checks: 187301 - 187642 $ 1,058,252.42 PAYROLL 59556 - 59926,41452 - 41453 $ 544,953.97 TOTAL $ 1,603,206.39 Motion carried 5-0. OPEN FORUM None. City Attorney Heine stated the City is in negotiations for the purchase of 6754 Portland Avenue and staff is seeking direction. The Open Meeting Law permits, but does not require, the City Council to go into closed session to discuss these negotiations. Staff recommends a closed session and not returning to open session but rather adjourn from the closed session. By unanimous consent the City Council left the Council Chambers at 9:41 p.m. to conduct a Closed Executive Session in the Executive Conference Room. Item #13 SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION IN EXECUTIVE CONFERENCE ROOM REGARDING NEGOTIATIONS FOR THE PURCHASE OF 6754 PORTLAND AVENUE The Closed Executive Session was called to order by Mayor Goettel in the Executive Conference Room at 9:44 p.m. Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. The Closed Executive Session was convened pursuant to M.S. 13D.05. The City Council meeting was adjourned by unanimous consent at 10:13 p.m. ii I Council Meeting Minutes -9- July 28, 2009 Date Approved: Debbie Goettel Mayor I Cheryl Krumholz Steven L. Devich Recording Secretary City Manager I i I AGENDA SECTION: Consent AGENDA ITEM # 4A REPORT # 154 STAr~r~ REPORT.. ~ CITY COUNCIL MEETING AUGUST l 1, 2009 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NanfE, T/TLE DEPARTMENT DIRECTOR REVIEW: ~S/GN REVIEWED BY CITY • MANAGER: f ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing regarding the: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; I 2. Modification to the Tax Increment Financing Plan for the Interstate-Lyndale-Nicollet Tax Increment Financing District; and 3. Proposed establishment of the 2009-1 (Section 202) and 2009-2 (Section 811) Tax Increment Financing District; all relating to the Accessible Space Inc., and Twin City Christian Homes Project to September 8, 2009. I. RECOMMENDED ACTION: By Motion: Continue the public hearing regarding the: 1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area; 2. Modification to the Tax .Increment Financing Plan for the Interstate- Lyndale-Nicollet Tax Increment Financing District; and I 3. Proposed establishment of the 2009-1 (Section 202) and 2009-2 (Section 811) Tax Increment Financing District; all relating to the Accessible Space Inc., and Twin City Christian Homes project to September 8, 2009. I 081109-Continue Call for PH for ASi TCCH.doc II. BACKGROUND On June 9, 2009 the City .Council requested that a public hearing be scheduled for theAugust 11th Council meeting. At the proposed meeting the Council was to consider the modification to the. Redevelopment Plan for Richfield Redevelopment Project Area,'the modification fo the Interstate-Lyndale-Nicollef (ILN) TIF District, and the proposed establishment of the 2009-1 (Section 202), and 2009-2 (Section 811) TIF Districts. The public hearing needs to be rescheduled due to changes in the project schedule. Also the HRA needs to consider the modifications and TIF Plans .before the. Council takes final action on the modifications and 71F Plans. III. BASIS OF RECOMMENDATION A. POLICY • The HRA will consider the modifications and TIF Plans at their August 17, 2009 meeting • The Council will hold a public hearing and consider the modifications and TIF Plans at their September 8, 2009 meeting. B. CRITICAL ISSUES • It is better to delay the public hearing and ensure that the Council has had reasonable time to review comments if any from the HRA. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA SECTION: Consent AGENDA ITEM # !fB REPORT # 1.55 STAFF REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE REVIEWED BY CITY MANAGER: i ITEM FOR COUNCIL CONSIDERATION: Appointment to the Richfield Tourism Promotion Board. I. RECOMMENDED ACTION.: By Motion: Adopt a resolution appointing Abisola Omiwade to the Richfield Tourism Promotion Board for the remainder of athree-year term ending December 31, 2009. II. BACKGROUND On June 25, 1990 the City Council approved an ordinance to levy a 3% tax on gross receipts of lodging from Richfield Hotels and Motels pursuant to Minnesota Statutes. The establishment of the Richfield Tourism Promotion Board, Inc. (RTPB) and the appointment of directors were also a part of the resolution. Currently there are five director positions on the Board. The term of each appointment is for three years and terms are staggered to maintain Board continuity. The current appointments to the Tourism Board and the ending dates of their terms are as follows: 1. Patti Sterbuck, representing the Richfield Chamber of Commerce, term ending December 31, 2011. 2. Rudy Hanuman, General Manager of Candlewood Suites, term ending December 31, 2009. 3. Raj Bhakta, General Manager of Americlnn, term ending December 31, 2009. 4. Adam Selby, Hampton Inn, term ending December 31, 2009. 5. Vacant, General Manager of Motel 6. - 0811 RTPB Rudy Hanuman has been the General Manager of the Candlewood Suites for the past several years and also a long time member of the RTPB. Mr. Hanuman has recently terminated his position with the Candlewood Suites. Since Mr. Hanuman is no longer with the Candlewood Suites property in Richfield, that Board position is now vacant and should be filled. Abisola Omiwade is the new General Manager of the Candlewood Suites. Ms. Omiwade has been part of the Candlewood Suites family of properties for the past nine years. She started at the front desk of their Houston Westchase property and worked her way up to the position of General Manager. Candlewood Suites has requested that Ms. Omiwade replace Mr. Hanuman on the RTPB. III. BASIS OF RECOMMENDATION A. POLICY • The City Council has the authority to make appointments to the RTPB. • The RTPB has typically included a representative from each property. • Ms. Omiwade is the new General Manager of the Candlewood Suites and is interested in appointment to the RTPB. B. CRITICAL ISSUES • The Candlewood Suites has historically had a seat on the RTPB and as such, the appointment should be made as soon as possible. C. FINANCIAL • There is no cost to the City. { D. LEGAL • The appointment conforms to City Ordinance and bylaws of the RTPB. IV. AL i rxNATIVE RECOMMENDATION(S~ • The City Council could decide not to appoint Mr. Omiwade to the RTPB. • The City Council could choose to review this matter at a future date. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RES"O~ LUTION NO. RESOLUTION APPOINTING REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. WHEREAS, the City of Richfield has levied a 3% tax on the gross receipts of lodging from hotels and motels in the City pursuant to Minnesota Statute Section 169.190; and WHEREAS, Minnesota Statute Section 169.190 authorizes the proceeds of the tax to fund a Tourism Promotion Board for the purpose of marketing and promoting the City as a tourist or convention center; and WHEREAS, the articles and bylaws of the Richfield Tourism Promotion Board, Inc. provide the City Council of the City of Richfield appoint five (5) directors to the Board representing the Richfield hotel-motel properties and the Richfield Chamber of Commerce; and WHEREAS, each director shall serve as a director until his or her successor has been appointed and has qualified, or until his or her earlier disqualification, death, resignation, or removal; and WHEREAS, Rudy Hanuman, the representative from the Candlewood Suites is no longer a representative of that property, and WHEREAS, Abisola Omiwade has been appointed as the new General Manager of the Candlewood Suites and seeks appointment to the RTPB. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that the Richfield Tourism Promotion Board directors be modified as follows: Appoint Abisola Omiwade, Candlewood Suites, to the Richfield Tourism Promotion Board for the remainder of athree-year term ending December 31, 2009. . Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # AFC REPORT # 1S6 STAr~r~ REPORT i CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: ROBERT HINTGEN, UTILITY SUPERINi~NDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the installation of 1,922 linear feet of sanitary sewer lining. I. RECOMMENDED ACTION: By Motion: Approve the purchase and installation of 1,922 feet of sanitary sewer lining from Insituform Technologies USA, Inc. in the amount of $55,636.80. II. BACKGROUND The City's 120 miles of sanitary sewer collection system was installed in the late 1950's. The material used at that time was "VCP" or Vitrified Clay Pipe. Technological advances now allow us to repair these sewer mains without digging up the road through a process called "CIPP" (Cured In Place Pipe). This procedure involves the insertion of a liner into the existing VCP sanitary main. It expands and adheres to the main and then hardens to a schedule 40 PVC consistency.. After the liner hardens, the individual service connections are then cut out. The existing infrastructure currently has about 4 miles (21,120 feet) of this liner in place. Staff would like to continue this procedure for repairing the damaged sewer lines in the City. The sewer mains that need repair (1,922 feet -approximately one third of a mile) are chosen based on reports taken from the sewer main television reports. These lines were found to have tree root intrusion and cracks. 081109sewerlining Two quotes were obtained with Insituform Technologies USA, Inc., being the lowest at $55,636.80. The second quote was from Visu-Sewer Trenchless Solutions in the amount of $65,356.00. If approved, the project would likely begin on October 1, 2009 and be completed by October 30, 2009. III. BASIS OF RECOMMENDATION A. POLICY • The City can contract up to $100,000 by obtaining quotes. • The lowest quote was provided by Insituform Technologies USA, Inc. in the amount of $55,636.80 B. CRITICAL ISSUES • By using the CIPP procedure, sewer mains can be repaired without digging up the road • Approval at the August 11, 2009 City Council meeting will allow the project to move forward. C. FINANCIAL • The funding for this project was provided for in the approved 2009 wastewater budget for $51,500.00 (line item 52000-7350). • This amount will be revised to $75,000 in the 2009 revised budget. • Remaining funds will only be used for emergency lining situations. D. LEGAL • All contracts and purchases in excess of $25,000 require City Council approval. E. ENVIRONMENTAL CONSIDERATIONS • The Metropolitan Council of Environmental Services (MCES) supports this type of sewer main repair. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to reject all quotations and direct staff to obtain more quotations; however, staff does not believe we can obtain a better price from a reputable contractor. - V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # OFD REPORT # 157 STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: ROBERT HTI~TTGEN, UTILITY SUPERIlv i ~nTDENT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a new control panel for the sanitary lift station at the Richfield Ice Arena. I. RECOMMENDED ACTION: ~ By Motion: Approve the purchase of a new control panel from Total Control Systems, Inc. for the sanitary lift station at the Richfield Ice Arena in the amount of $25,257.00. - - - - - II. BACKGROUND The Utility Division currently maintains six (6) sanitary and ten (10) storm water lift stations. There are three additional sanitary lift stations that were owned and maintained by other City Divisions: the Richfield Ice Arena, Woodlake Nature Center and the Mini-Golf Course. Because the Utilities Division has trained staff and the necessary equipment for proper lift station maintenance, the Utilities Division will be now be assuming the maintenance responsibilities for these three lift stations in addition to their own. The Richfeld Ice Arena's lift station was installed in the 70's. The. control panel is old and needs to be replaced. Anew control panel will also allow the lift station to be added to the Utility Division's Supervisory Control and Data Acquisition System (SCADA). The SCADA system is a radio communication system that allows staff to track all operating functions of the lift stations. 081109arenaliftstation w r Although there was only one proposal received, staff is recommending the proposal be accepted because Total Control Systems, Inc. is an established contractor with the City and staff does not believe we can obtain abetter price from a reputable contractor that would also be compatible with the City's SCADA System. III. BASIS OF RECOMMENDATION A. POLICY • The City can contract up to $100,000 by accepting proposals or quotes without going through the formal bidding process. B. CRITICAL ISSUES • The new control panel for the lift station is necessary in order to operate the lift station efficiently. • Anew control panel purchased from. Total Control Systems, Inc. will allow the lift station to be added to the City's SCADA System. C. FINANCIAL • The approved 2009 Wastewater Budget contains $30,000 for this upgrade (line item 53000-7350). D. LEGAL • All contracts or purchases in excess of $25,000.00 require Council approval. E. ENVIRONMENTAL CONSIDERATIONS • N/A N. ALTERNATIVE RECOMMENDATION(S~ • Council may chose to reject this proposal and direct staff to receive more proposals; however staff does not believe a better price can be obtained from a reputable contractor that would also be compatible with the City's SCADA System. V. ATTACHMENTS • Proposal from Total Control Systems, Inc. for the upgraded control panel at the Richfield Ice Arena. VI. PRINCIPAL PARTIES EXPEL i ~li AT MEETING • None • ~ Total Control Systems, Inc _ ~ 38841 Nyman Drive NE SYSTEMS ,'t"N-~.-... PO Box 40 Stanchfield, MN 55080-0040 Phone 320-396-4442 /Fax 320- 4AC AAA4 June 2, 2009 To: Robert Hintgen Re: Richfield, Minnesota -Hockey Rink Lift Station. Total Control Systems, Inc. (TCS) proposes to furnish (only) equipment in accordance to the project plans and specifications to meet the full functional intent of the specifications that were received. Hockey Rink Lift station 480 volt duplex 5 hp Furnish only, No field installation Including: Lift station control panel Main breaker /Transfer sw.100 amp (SE rating) Hoffman NEMA 3R 2 door stainless steel enclosure 36x60x12 Inner doors Enclosure SS legs (18") and skirts with louvers Incoming power terminal block Pump circuit breakers Control circuit breakers Hand-Off-Auto switches, oil tight, 30 mm Pushbutton switches, oil tight 30mm Lamps, LED, oil tight, 30mm Condensation heater/fans, 400 watt Starters, NEMA Power monitor Power Lightning arrestor (TVSS) 25KVA Relays GFI receptacle rated at 15 amps External alarm strobe Generator receptacle 100 amp Control power TVSS Transformer 3Kva 480/120v Radio, DataRadio (by City) Antenna (gold anodized) Lightning arrestor RF Lead-in and connectors Uninterruptible power supply (UPS) Power supply 24 volt Radio power supply 12 volt Allen-Bradley Micrologix 1100 Allen-Bradley Pico Backup controller Panelview Plus 400 Operator interface Elapsed time meters (3) RTU outlet Floats (2) 081109arenaliftstation.doc Submersible transmitter Intrinsic barriers ~ p~a„ Door switch (Security) Documentation Master PLC program modifications SCADA software and screen additions Reports Master alarm dialer programming Programming, training Existing SCADA modifications Testing and commissioning Price for the control panel package: $25.257.00 each including tax. Does not include: Hand holes Meter sockets/Cold sequence disconnects Grounding materials Underground warning tape Installation of panels Conduit Permits Antenna Poles Demolition Any wire external to panel - We acknowledge receipt of Addendum No. . - Terms are Net 30 days from invoice date. No retainage allowed. A 1.5% charge per month added to any past due balance. Price may be dependent on past credit history. - This quote/proposal valid for 60 days. - Work to commence after receipt of an acceptable written purchase order acknowledging acceptance of our terms. - F.O.B. job-site. - Start-up service/training, documentation and equipment adjustment is included as specified. - TCSI does not accept any liquidated damages. - ALL PANELS FURNISHED BY TCS WILL HAVE A UL 508 SERIALIZED OR UL698A ENCLOSED INDUSTRIAL CONTROL PANEL RELATING TO HAZARDOUS LOCATIONS WITH INTRINSICALLY SAFE CIRCUIT EXTENSIONS LABEL, AS REQUIRED. If you have any questions regarding our proposal, please contact our office. We look forward to working with you on this project. Sincerely, TOTAL CONTROL SYSTEMS, INC. AI Doberstein AD/lo 081109arenaliftstation.doc AGENDA SECTION: Consent AGENDA ITEM # ~FE REPORT # 158 STAr~r~ REPORT CITY. COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~GNATURE REVIEWED BY CITY ~ MANAGER: t ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of an amendment to the Public Health Emergency Preparedness contract for 2009-2010 with the Minnesota Department of Health. I. RECOMMENDED ACTION: By Motion: Approve an amendment to the Public Health Emergency Preparedness contract for 2009-2010 with the Minnesota Department of Health: ~ 1. Extending the contract dates; and, 2. Amending the City's duties, reporting requirements and grant deadlines. ~ III. BACKGROUND J The Minnesota Department of Health has, since the 2005-2008 grant funding cycle, requested approval from local public health agencies for one master grant contract rather than individual grant contracts for each of the various funding streams that public health agencies may apply for and receive funds. On November 24, 2008, the City Council approved and accepted a Master Grant Contract (MGC) from the State of Minnesota, Department of Health for the 2009- ' 2013 grant cycle that is designed to administratively simplify the review of grant agreements of local public health agencies. 0811 Emergency Preparedness Health Contract for 2009-2010 At this time, the original grant project agreement is amended to provide continuation funding for the performance period of August 10, 2009 through August 9, 2010 and amend the grantee's (Richfield) duties, reporting requirements and grant deadlines to reflect additional policy, guidance or emergency preparedness requirements. The City Attorney has advised staff that an amendment to a grant contract should receive City Council approval. It should be noted that Health Administrator Betsy Osborn has authority, by resolution, to sign the agreement on behalf of the Board of Health (City Council), but that it should also be approved by the City Council. The Public Health Emergency Preparedness grant funds for Richfield for the period of August 10, 2009 through August 9, 2010 will be in the amount of $34,021.. A majority of the funds are used in a contract with the City of Bloomington Public Health division who has full time staff that provides most of the services required within the grant document. A portion of the funds are kept by Richfield to cover the Health Administrator's time in planning, meetings, reporting requirements and other Richfield specific activities. III. BASIS OF RECOMMENDATION A. POLICY • Health Administrator Osborn has authority, by resolution, to sign the grant contract on behalf of the Board of Health (City Council), but the City Attorney has advised that it should be approved by the City Council before that can be done. B. CRITICAL ISSUES • None C. FINANCIAL • Failure to approve the amended grant project agreement would result in grant funding being held by the State until a contract is approved. D. LEGAL • The City Attorney has review the amended grant document and has recommended that the amended grant be approved by the City Council before Health Administrator Osborn signs and returns it to the Minnesota Department of Health. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to approve the State's amended grant document for grant funds received for Public Health Emergency Preparedness for the 2009-2010 grant cycle which would result in funds not being disbursed from the State to the City. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None _ - AGENDA SECTION: CONSENT AGENDA ITEM # 4F REPORT # 7 Sq STAFF REPORT r CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: BRAD SVEUM -FIRE SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~u~ SIGNA RE REVIEWED BY CITY MANAGER: _ ITEM FOR COUNCIL CONSIDERATION: Authorize the City Manager to spend up to $40,000 for repairs and improvements to Fire Station 2 due to water damage that occurred August 4, 2009. ' I. RECOMMENDED ACTION: ~ ~I By Motion: Authorize the City Manager to spend up to $40,000 for I! repairs and improvements to Fire Station 2 due to water damage that occurred August 4, 2009. ~ ' II. BACKGROUND On Tuesday August 4, 2009, the on-duty fire crew assigned to Fire Station 2 left the station at 5:30 PM to participate in the National Night Out event. It appears that a faucet was accidentally left running in the kitchen sink. Upon returning to the station later there were several inches of water on the floor in the living quarters of the station. A drain basket in the sink bottom apparently shifted to a closed position causing the overFlow. Water damaged the kitchen cabinetry, carpeting and walls in the living quarters of the station. Fire Station 2 was remodeled in the early 1980's. The kitchen facilities are aging and it has been planned to remodel the living quarters in the next few years as funds allow. In 2007 Fire Station 2 received a new roof, apparatus floor ventilation system and exterior brick work. I' .081.1Fire . _ Repairs are needed to keep the Fire Station functional and to avoid mold problems in the future. The estimated cost of repairs is $30,000. Staff recommends spending approximately $10,000 in addition to replace all of the flooring in the station, change some cabinetry and appliances in the kitchen and install new ceiling the at the same time the repair work is being performed. While these additions are not as comprehensive as the planned future remodeling they will provide a considerable upgrade to the facility and the planned comprehensive remodel planned in the next few years can be delayed for several years. III. BASIS OF RECOMMENDATION A. POLICY • Pursuant to the City Charter and the Administrative Code all non- budgeted purchases in excess of $25,000 require approval by the City Council. B. CRITICAL ISSUES • Fire Station 2 is a critical emergency response asset and must remain operational to provide rapid emergency response to the west side of the city. • Repairs must be made to eliminate future mold issues in the facility. • Several of the damaged items were nearing their end of life cycles. • Selected upgrades will extend the useful life of the fire station living quarters and eliminate the need for more costly planned remodeling in the future. C. FINANCIAL • The damage cost is less than the City's insurance deductible. • Repair costs will be charged to the Building Services Fund. D. LEGAL • Pursuant to the City Charter and the Administrative Ordinance Code all non-budgeted purchases in excess of $25,000 require approval by the City Council. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. AL1~xNATIVE RECOMMENDATION(S~ • Perform only necessary repairs at this time costing approximately $30,000. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. i ill AGENDA SECTION: Public Hearings AGENDA ITEM # 6 REPORT # 16O STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: CHRIS LINK, OPERATIONS MANAGER STREETS/FORESTRY NAME, TITLE DEPARTMENT DIlZECTOR REVIEW: ~ SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for removal of diseased trees from private property for work ordered in 2008. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the assessment for removal of diseased trees from private property for work ordered from January 1 through December 31, 2008. III. BACKGROUND I Property owners of diseased trees have four options available for private tree removal: 1. Remove the tree themselves. 2. Hire and pay their own contractor. 3. Hire the City's contractor and pay for the removal. 4. Use the City's contractor and request that the cost of the tree removal be assessed against their property tax. In the period from January 1, 2008 through December 31, 2008, seventy-five (75) property owners chose. to use the City's contractor and requested that the 081109TreeAssess cost of the tree removal be assessed. On July 14, 2009, City Council scheduled this public hearing regarding this assessment role. III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. • City staff has calculated the amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper on July 23, 2009 and notices were mailed to the owner of each parcel described in the assessment roll on July 15, 2009 meeting the two-week notification requirement. B. CRITICAL ISSUES • On or before September 1st of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under Section 825 of the City Code. C. FINANCIAL • The costs to be assessed for the removal of Dutch Elm diseased trees on private property for work ordered during the period January 1, 2008 through December 31, 2008 have been determined to be $128,604.60. • City ordinance provides that special assessments for current services may be certified to the county Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. It is recommended such payments be due and payable over afive-year period due to the increased cost of removals. • No interest will be charged if the entire assessment is paid before November 15, 2009. After-that date, the City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. It is recommended that the interest rate be established at six percent (6%). D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may revise the special assessment roll as deemed necessary following the public hearing. V. ATTACHMENTS • Resolution • Copy of letter sent to residents VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None lD RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2008 TO DECEMBER 31, 2008. WHEREAS, costs have been determined for the removal of diseased trees from private properties in the City of Richfield and the expenses incurred or to be incurred for such work ordered during the period of January 1, 2008 through December 31, 2008 amount to $128,604.60. Address PID # Amount 14 E 69th St 27-02824-43-0085. $525.30 1715 West 72nd St. 33-02824-24-0060 $3,420.00 2007 Forest Dr 28-02824-32-0096 $2,363.85 215 West 72nd St 34-02824-24-0051 $1,236.00 2876 West 72nd 32-02824-12-0080 $906.40 6226 I rving Ave. 28-02824-21-0032 $113.30 6239 2nd Ave. 28-02824=12-0078 $4,727.70 6301 James Ave 28-02824-21-0087 $1,874.60 6309 Blaisdell Ave. 27-02824-21-0068 $726.15 6315 Lyndale Ave 27-02824-22-0009 $2,363.85 6325 Nicollet 27-02824-12-0019 $1,874.60 6333 - 14th Ave 26-02824-12-0090 $1,874.60 6345 Knox Ave 28-02824-21-0012 $1,874.60 6345 Logan Ave 28-02824-21-0016 $1,344.15 6400 Newton Ave 28-02824-23-0064 $2,904.60 6410 11th Ave 26-02824-24-0004 $2,363.85 6438 Vincent 29-02824-13-0073 $2,472.00 6504 Logan Ave 28-02824-23-0118 $2,363.85 6505 Newton Ave 28-02824-23-0115 $1,759.73 6529 Irving Ave 28-02824-24-0142 $1,153.60 6609 Irving Ave 28-02824-31-0091 $1,452.30 - . 6618 Park Ave 26-02824-32-0020 $4,727.70 + 6620 5th Ave 27-02824-41-0028 $311.58 6624 5th Ave 27-02824-41-0029 $311.58 6638 Chicago Ave 26-02824-32-0074 $3,799.92 6645 Washburn Ave 29-02824-42-0054 $2,610.00 6708 Columbus Ave 26-02824-32-0061 $2,121.00 6720 Nicollet 27-02824-31-0034 $623.15 6737 - 3rd Ave 27-02824-41-0123 $1,704.00 6801 - 12th Ave. 26-02824-43-0016 $1,874.60 6816 Logan 28-02824-33-0126 $2,363.83 6820 -12~' Ave. 26-02824-34-0007 $537.30 6824 - 12th Ave. 26-02824-34-0008 $937.30 6824 Queen Ave. 29-02824-44-0024 $453.20 6828 Queen Ave. 29-02824-44-0025 $453.20 ~-a 6828 Sheridan Ave. 29-02824-44-0072 $2,363.85 6833 Harriet 27-02824-33-0088 $1,452.30 6856 Oliver Ave. 28-02824-33-0145 $1,472.90 6901 Oakland 26-02824-33-0058 $726.15 6909 Vincent Ave. 29-02824-43-0163 $2,825.00 6917 Portland -Ave. 26-02824-33-0009 $3,545.77 6926 - 4th Avenue 27-02824-44-0104 $2,904.60 6926 Blaisdell 27-02824-34-0037 $257.50 6926 Morgan Ave 28-02824-33-0090 $2,173.30 6933/6935 Nicollet Ave 27-02824-43-0017 $762.20 7020 - 13th Ave. 35-02824-12-0004 $2,472.00 7100 Stevens Ave 34-02824-12-0069 $3,750.00 7136 - 1st Avenue 34-02824-12-0101 $2,363.85 7145 Knox 33-02824-21-0091 $710.70 7200 Newton 33-02824-23-0047 $726.15 7201 Queen Ave 32-02824-14-0021 $618.00 7213 2nd Ave. 34-02824-13-0157 $906.40 7215 Logan Ave 33-02824-24-0075 $1,967.30 7216 1st Ave 34-02824-13-0094 $1,181.93 7220 1st Ave 34-02824-13-0095 $1,181.93 7241 Garfield 34-02824-23-0075 $278.10 7308 Lyndale Ave. 33-02824-14-0154 $1,452.30 7309 Oakland Ave 35-02824-23-0051 $4,781.77 7309 Thomas Ave 32-02824-14-0124 $1,344.15 7311 - 1st Ave 34-02824-13-0089 $1,452.30 7317 Bryant Ave 33-02824-14-0035 $2,662.50 7321 Knox Ave 33-02824-24-0051 $2,400.00 7324 Aldrich Ave 33-02824-14-0022 $3,543.85 7326 Sheridan Ave. 32-02824-14-0114 $810.70 7400 4th Ave 34-02824-41-0051 $257.50 7404 - 5th Ave 34-02824-41-0033 $1,874.60 7410 4th Ave. 34-02824-41-0052 $257.50 7414 Elliot 35-02824-31-0115 $1,452.30 7425 Girard Ave. 33-02824-42-0046 $1,148.10 7432 Sheridan Ave 32-02824-41-0014 $1,874.60 7459 Portland 35-02824-32-0002 $1,957.00 7533 Clinton Ave ~ ~ ` 34-02824-41-0119 $494.40 _ 7544 Aldrich 33-02824-41-0139 $813.70 7545 Thomas Ave 32-02824-41-0036 $1,153.61 7621 Park Ave 35-02824-33-0014 $1,710.40 I -3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota: 1. The total cost to be assessed against benefited property owners is declared to be $128,604.60. 2. The City Clerk shall forthwith calculate the proper amount to be specially assessed for such work against each benefited property, and shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. 4. A hearing shall be held on the 11th day of August, 2009 in the City Hall Council Chambers at 7:00 p.m., or as soon as hereafter as it may be reached on the agenda, to pass upon such proposed assessment and at such time and place all persons owning property affected by said diseased tree removal assessment will be given an opportunity to be heard in reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment at least two weeks prior to the hearing and shall state in the notice the total cost of the diseased tree removal. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted by the City Council of the City of Richfield this 11th day of August 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk - . r 6700 Portland Avenue • Richfield, Minnesota 55423-2599 NOTICE OF ASSESSMENT HEARING NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF THE CITY FOR REMOVAL OF DISEASED TREES ON PRIVATE PROPERTY (JANUARY 1, 2008 -DECEMBER 31, 2008) NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment for the removal and disposal of diseased trees on private property. DATE, TIME AND PLACE OF HEARING: August 11, 2009, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: Costs incun'ed for removal of diseased trees from private property with the consent and approval of the property owners for work ordered from the City of Richfield, January 1, 2008 through December 31, 2008. The City proposes to assess the costs for this work, which totaled $135,273.85. THE SPECIAL ASSESSMENT TO YOUR PROPERTY IS: $ Payment can be made after the assessment is adopted and before November 15, 2009 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. THlS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. TelRnhnnp tS121 A61 _97A0 • Fax /6121 A61 _97d9 ' PAYMENT OF ASSESSMENT: You may pay your assessment at any Time after the. assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%} per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Pavmenf within 30 davs of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 11, 2009. No interest wil{ be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the Life of the adopted assessment. Six percent (6%} interest will not be charged if the entire assessment is paid before November 15tH Payment on or after November 15, 2009: Tree assessments are spread over 5 years. Interest at the rate of six percent (6%} will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the 5 year life of the assessment when certified to the property tax. Questions regarding the assessment ~avment procedure should be directed to Debbie Guiher at 612-861-9740. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property awned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for defemTent is set forth in City Resolution. No. 9531, which may be obtained from the City Clerk When deferment of the special assessment has been granted and is terminated for any reason provided in law ,alt amounts accumulated plus applicable interest become due. __-A-n~r-assessed=p~°oper#~-awt~er-r-r~eetiFrg-thy-reetuit~-er-nents-of the law a~#f~rest~ltt~ior~=may, writt~+n-34days. of the confirmation of the assessment, apply to the City Clerk for the prescribed fom~ for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written- and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice fo the affected property owners as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the C'dy Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk You may not anneal unless you file a written obiection. signed by you. with the Citv Clerk orior to the hearing on August 11.2009. or present the written gbiection to the presiding officer at the hearing on August 11th. - _ BY ORDER OF THE CITY COUNCIL THIS 14TH DAY OF JULY, 2009. fb,~ 1Jj . Nancy Gibbs, City Clerk Questions? Questions concerning this assessment amount should be directed to Chris Link, Operations Manager Streets/Forestry ~ 812-881-9174. I. AGENDA SECTION: Pub11C Hearings AGENDA ITEM # 7a REPORT # 161 STAFF REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER PARKS/FLEET NAME, TITLE DEPARTMENT DIlZECTOR REVIEW: i V SIGN RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual 77th Street maintenance district assessment process. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Adopt the attached resolution proposing to assess commercial properties in the 77th Street assessment district for costs incurred to maintain the area for 2008. • Adopt the attached resolution proposing a similar assessment process to be implemented for 2010. - - II. BACKGROUND Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The special maintenance services include irrigation and weeding and mowing of the landscaping on both sides of the 77th Street wall. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. City staff has determined costs to be assessed for the maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. III. BASIS OF RECOMMENDATION A. POLICY 081109-77th0810assess • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • Notice of the public hearing for the proposed maintenance costs in 2008 was mailed to all owners of commercial property in the area and was published in the official newspaper July 23, 2009, as required by law. B. CRITICAL ISSUES • The City Council ordered the work, and the work is done. • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Total cost for 77th Street Maintenance is $77,000.01 for 2008. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff. recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staffs recommendation that the interest rate be established as six percent (6%). Payment may be made by the assessed owner before November 15, 2009 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance cost for the period January 1 through December 31, 2009 is $80,000. All commercial properties would be assessed on a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • The City Council scheduled a public hearing for August 11, 2009 on the assessment for the cost of maintenance services performed in the 77th Street Project area for 2008 and to consider the establishment of a special assessment district for maintenance service costs for 2010. • The City Attorney will be in attendance at the Council meeting should a legal question arise. _ E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 77th Street Maintenance in 2008 • Resolution proposing to specially assess for current services for 2010. • The 2008 assessment roll • The 2010 assessment roll • Copy of letter sent to property owners • Graphic displaying 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2008 special assessment. RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2008 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I- 35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota. as follows: Such proposed assessment roll in the total amount of $77,000.01 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of .assessment levied against it. Such assessment shall be payable before or during 2009 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 11th day of August 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk GL RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2010 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I-35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and ~I WHEREAS, the City Council of the City of Richfield did also by such resolution set the date II, of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 11, 2009 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: I 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district:. a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; ~ f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contractor by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2010. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 11th day of August, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk f A Mon Jul 20, 2009 4:49 pm CITY OF RICHFIELD Page 1 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT i~: ~ 33-02824-43-0019 1401 WEST 76TH STREET MN SCHOOL OF BUSINESS INC $1,930.35 $0.00 $1,930.35 110,992.14 33-02824-43-0049 2 MERIDIAN CROSSINGS OTR $3,408.66 $0.00 $3,408.66 195,993.06 33-02824-43-0050 1 MERIDIAN CROSSINGS OTR %STATE TCHRS RTRMNT S $3,791.96 $0.00 $3,791.96 218,031.84 33-02824-44-0110 LYNDALE & W 76TH STREET LYNDALE GATEWAY LLC $238.68 $0.00 $238.68 13,723.50 ~I 33-02824-44-0112 WEST 77TH STREET & LYNDAL LYNDALE GATEWAY LLC $846.30 $0.00 $846.30 48,661.00 33-02824-44-0113 7630 LYNDALE AVENUE SOUTH LYNDALE GATEWAY LLC $211.94 $0.00 $211.94 12,186.43 33-02824-44-0114 LYNDALE AVENUE SOUTH & W LYNDALE GATEWAY LLC $17.96 $0.00 $17.96 1,032.96 33-02824-44-0115 7644 LYNDALE AVENUE SOUTH LYNDALE GATEWAY LLC $166.90 $0.00 $166.90 9,596.41 33-02824-44-0128 W 77TH STREET & ALDRICH AV LYNDALE GATEWAY LLC $13.47 $0.00 $13.47 774.24 33-02824-44-0129 W 77TH STREET &LYNDALE AV LYNDALE GATEWAY LLC $1.22 $0.00 $1.22 70.30 p~ 33-02824-44-0231 1150 78TH STREET WEST CSM INVESTORS INC $6,508.75 $0.00 $6,508.75 374,243.72 ` L 33-02824-44-0232 900 78TH STREET WEST CSM SHOPS INC $5,682.06 $0.00 $5,682.06 326,709.99 f ~ ~ 33-02824-44-0233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $409.63 $0.00 $409.63 23,552.88 W 33-02824-44-0234 704 78TH STREET WEST CSM SHOPS INC $214.91 $0.00 $214.91 12,356.80 33-02824-44-0235 980 78TH STREET WEST CSM SHOPS INC $207.87 $0.00 $207.87 11,951.95 33-02824-44-0236 CSM SHOPS INC $407.04 $0.00 $407.04 23,404.35 34-02824-21-0004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $469.58 $0.00 $469.58 27,000.00 34-02824-33-0003 509 WEST 77TH STREET LA METTRY PROPERTIES LLC $1,071.52 $0.00 $1,071.52 61,610.54 34-02824-33-0004 501 WEST 77TH STREET JOANNE M LAMETTRY $594.78 $0.00 $594.78 34,198.84 RICHARD A LAMETTRY 34-02824-33-0005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $104.80 $0.00 $104.80 6,025.90 r' Mon Jul 20, 2009 4:49 pm CITY OF RICHFIELD Page 2 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 34-02824-33-0006 500 WEST 78TH STREET RICHARD A LAMETTRY $367.57 $0.00 $367.57 21,134.71 34-02824-33-0007 0401 WEST 77TH STREET THOMAS I WOOD $104.39 $0.00 $104.39 6,002.24 34-02824-33-0080 400 WEST 78TH STREET RICHFIELD-BLMGTN HONDA $2,500.99 $0.00 $2,500.99 143,803.06 34-02824-33-0081 7745 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $1,282.51 $0.00 $1,282.51 73,742.38 34-02824-33-0082 7701 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $115.26 $0.00 $115.26 6,627.38 34-02824-33-0087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA $853.02 $0.00 $853.02 49,047.19 34-02824-33-0088 351 WEST 77TH STREET HPT CW II PROP TRUST $1,822.44 $0.00 $1,822.44 104,787.58 34-02824-33-0150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $247.91 $0.00 $247.91 14,254.20 34-02824-33-0151 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $125.28 $0.00 $125.28 7,203.50 34-02824-33-0152 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $122.52 $0.00 $122.52 7,044.70 34-02824-33-0153 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $133.41 $0.00 $133.41 7,670.80 34-02824-33-0154 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $114.50 $0.00 $114.50 6,583.40 34-02824-33-0155 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $247.91 $0.00 $247.91 14,254.20 ~ 34-02824-34-0001 84 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP $201.43 $0.00 $201.43 11,581.69 34-02824-34-0052 7700 PILLSBURY AVENUE SOUT CITY OF RICHFIELD $713.81 $0.00 $713.81 41,043.00 34-02824-34-0053 200 WEST 78TH STREET TWO S PROPERTIES, INC $1,533.90 $0.00 $1,533.90 88,196.70 34-02824-34-0054 7700 WENTWORTH AVENUE SO LEIGHTON PARTNERS LLC ATTN CHIE $350.89 $0.00 $350.89 20,175.75 34-02824-34-0055 7720 WENTWORTH AVENUE SO HILMER M HOVELSON $355.62 $0.00 $355.62 20,447.54 34-02824-34-0056 100 WEST 78TH STREET VIKING PAINTS $362.04 $0.00 $362.04 20,816.91 34-02824-34-0057 7721 PILLSBURY AVENUE SOUT VIKING PAINTS, INC $547.67 $0.00 $547.67 31,490.45 34-02824-34-0058 7715 PILLSBURY AVENUE SOUT WILLIAMS PROPERTIES LLC $93.60 $0.00 $93.60 5,381.70 34-02824-34-0059 7717 PILLSBURY AVENUE SOOT ROBERT A GEORGE $81.93 $0.00 $81.93 4,710.60 Mon Jul 20, 2009 4:49 pm CITY OF RICHFIELD Page 3 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 34-02824-34-0060 7709 PILLSBURY AVENUE SOUT KERKER PROPERTIES LLC $170.41 $0.00 $170.41 9,798.20 34-02824-34-0061 7701 PILLSBURY AVENUE SOUT BRUCE WALTER KIENKE $178.12 $0.00 $178.12 10,241.56 34-02824-34-0065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC $320.36 $0.00 $320.36 18,420.23 34-02824-34-0066 7720 NICOLLET AVENUE SOUTH SPEEDWAY SUPERAMERICA LLC %PF $274.47 $0.00 $274.47 15,781.56 34-02824-43-0005 140 EAST 78TH STREET RALEIGH P NELSON $697.66 $0.00 $697.66 40,114.26 34-02824-43-0006 7701 NICOLLET AVENUE SOUTH MENARD INC $5,409.75 $0.00 $5,409.75 311,052.80 34-02824-43-0007 7717 NICOLLET AVENUE SOUTH YAU MUI LO $1,767.87 $0.00 $1,767.87 101,650.18 YIK CHI LO 34-02824-43-0077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $400.60 $0.00 $400.60 23,034.00 34-02824-44-0006 7700 PORTLAND AVENUE SOUT ELSEN BROTHERS INC $249.69 $0.00 $249.69 14,356.74 34-02824-44-0007 7730 PORTLAND AVENUE SOUT D B R INC %ELSEN BROTHERS INC $405.70 $0.00 $405.70 23,327.05 34-02824-44-0023 500 EAST 78TH STREET A G BOGEN CO $497.88 $0.00 $497.88 28,627.32 V 34-02824-44-0024 7708 5TH AVENUE SOUTH TBG, LLC $167.76 $0.00 $167.76 9,646.20 1 3402824-44-0025 7714 5TH AVENUE SOUTH GARY WIBERG $181.89 $0.00 $181.89 10,458.33 34-02824-44-0027 7701 5TH AVENUE SOUTH A G BOGEN $212.50 $0.00 $212.50 12,218.35 34-02824-44-0028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT $165.75 $0.00 $165.75 9,530.34 RONALD HESSE 34-02824-44-0029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO $354.95 $0.00 $354.95 20,409.29 34-02824-44-0030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CRE $275.99 $0.00 $275.99 15,868.88 34-02824-44-0031 7744 5TH AVENUE SOUTH DJ & DJ LLC $527.34 $0.00 $527.34 30,321.17 34-02824-44-0032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU $630.55 $0.00 $630.55 36,255.85 Mon Jul 20, 2009 4:49 pm CITY OF RICHFIELD Page 4 Levy Listing ~ PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 35-02824-33-0006 7701 PORTLAND AVENUE SOUT ASIAN DIRECT ORIENTAL MARKET INC $383.62 $0.00 $383.62 22,057.85 DANY LAO DAR LAO 35-02824-33-0007 7727 PORTLAND AVENUE SOUT UNICARE HOMES, INC $513.02 $0.00 $513.02 29,498.13 35-02824-33-0008 7733 PORTLAND AVENUE SOUT BILL DAVIS $485.69 $0.00 $485.69 27,926.74 SINCLAIR OIL CORP 35-02824-33-0009 616 EAST 78TH STREET LOIS BERG $423.95 $0.00 $423.95 24,376.32 35-02824-34-0002 7744 12TH AVENUE SOUTH B & S LAND DEVELOPMENT LLC $446.92 $0.00 $446.92 25,697.02 35-02824-43-0006 7715 14TH AVENUE SOUTH A G BOGEN CO $702.54 $0.00 $702.54 40,394.75 35-02824-43-0008 1200 EAST 78TH STREET PMB HOSPITALITY LLC $810.89 $0.00 $810.89 46,624.71 35-02824-43-0073 1400 EAST 78TH STREET A G BOGEN $247.91 $0.00 $247.91 14,254.55 35-02824-43-0074 1420 EAST 78TH STREET A G BOGEN COMPANY $868.84 $0.00 $868.84 49,956.97 (1 35-02824-43-0076 1500 EAST 78TH STREET A G BOGEN COMPANY $1,015.93 $0.00 $1,015.93 58,414.69 35-02824-44-0004 7636 CEDAR AVENUE SOUTH MOTEL 6 OPERATING L P #1106 $979.85 $0.00 $979.85 56,339.90 35-02824-44-0006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $593.22 $0.00 $593.22 34,109.20 35-02824-44-0007 1640 EAST 78TH STREET JERRY E MATHWIG $733.03 $0.00 $733.03 42,148.35 35-02824-44-0008 1620 EAST 78TH STREET JERRY MATHWIG %METRO SALES INC $945.76 $0.00 $945.76 54,379.79 35-02824-44-0010 1550 EAST 78TH STREET OLIN-MATHWIG LLC $2,472.76 $0.00 $2,472.76 142,180.10 35-02824-44-0031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC $582.82 $0.00 $582.82 33,511.00 FRONTLINE INVESTMENTS INCORPOF 35-02824-44-0032 78TH EAST BLOOMINGTON AVE CLEAR CHANNEL OUTDOOR INCORPC $32.56 $0.00 $32.56 1,872.00 Total # of Parcels: 78 Totals: $63,705.53 $0.00 $63,705.53 3662970.922 .s Tue Jul 21, 2009 3:53 pm CITY OF RICHFIELD Page 1 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 33-02824-43-0019 1401 WEST 76TH STREET MN SCHOOL OF BUSINESS INC $2,424.09 $0.00 $2,424.09 110,992.14 33-02824-43-0049 2 MERIDIAN CROSSINGS OTR $4,280.53 $0.00 $4,280.53 195,993.06 33-02824-43-0050 1 MERIDIAN CROSSINGS OTR %STATE TCHRS RTRMNT S $4,761.86 $0.00 $4,761.86 218,031.84 33-02824-44-0110 LYNDALE & W 76TH STREET LYNDALE GATEWAY LLC $299.72 $0.00 $299.72 13,723.50 33-02824-44-0112 WEST 77TH STREET & LYNDAL LYNDALE GATEWAY LLC $1,062.77 $0.00 $1,062.77 48,661.00 33-02824-44-0113 7630 LYNDALE AVENUE SOUTH LYNDALE GATEWAY LLC $266.15 $0.00 $266.15 12,186.43 33-02824-44-0114 LYNDALE AVENUE SOUTH & W LYNDALE GATEWAY LLC $22.56 $0.00 $22.56 1,032.96 33-02824-44-0115 7644 LYNDALE AVENUE SOUTH LYNDALE GATEWAY LLC $209.59 $0.00 $209.59 9,596.41 33-02824-44-0128 W 77TH STREET & ALDRICH AV LYNDALE GATEWAY LLC $16.91 $0.00 $16.91 774.24 _ 33-02824-44-0129 W 77TH STREET &LYNDALE AV LYNDALE GATEWAY LLC $1.54 $0.00 $1.54 70.30 33-02824-44-0231 1150 78TH STREET WEST CSM INVESTORS INC $8,173.56 $0.00 $8,173.56 374,243.72 _ ~ 33-02824-44-0232 900 78TH STREET WEST CSM SHOPS INC $7,135.41 $0.00 $7,135.41 326,709.99 33-02824-44-0233 7700 LYNDALE AVENUE SOUTH CITY OF RICHFIELD/LIQUOR $514.40 $0.00 $514.40 23,552.88 33-02824-44-0234 704 78TH STREET WEST CSM SHOPS INC $269.87 $0.00 $269.87 12,356.80 33-02824-44-0235 980 78TH STREET WEST CSM SHOPS INC $261.03 $0.00 $261.03 11,951.95 33-02824-44-0236 CSM SHOPS INC $511.16 $0.00 $511.16 23,404.35 34-02824-21-0004 7100 PLEASANT AVENUE SOUTH SOO LINE RAILROAD COMPANY $589.69 $0.00 $589.69 27,000.00 34-02824-33-0003 509 WEST 77TH STREET LA METTRY PROPERTIES LLC $1,345.59 $0.00 $1,345.59 61,610.54 34-02824-33-0004 501 WEST 77TH STREET JOANNE M LAMETTRY $746.91 $0.00 $746.91 34,198.84 RICHARD A LAMETTRY 34-02824-33-0005 7724 HARRIET AVENUE SOUTH LE METTRY PROPERTIES LLC $131.61 $0.00 $131.61 6,025.90 Tue Jul 21, 2009 3:53 pm CITY OF RICHFIELD Page 2 *''Projected''* Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 34-02824-33-0006 500 WEST 78TH STREET RICHARD A LAMETTRY $461.59 $0.00 $461.59 21,134.71 34-02824-33-0007 0401 WEST 77TH STREET THOMAS I WOOD $131.09 $0.00 $131.09 6,002.24 34-02824-33-0080 400 WEST 78TH STREET RICHFIELD-BLMGTN HONDA $3,140.69 $0.00 $3,140.69 143,803.06 34-02824-33-0081 7745 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $1,610.55 $0.00 $1,610.55 73,742.38 34-02824-33-0082 7701 LYNDALE AVENUE SOUTH RICHFIELD HOTEL ASSOC L P $144.74 $0.00 $144.74 6,627.38 34-02824-33-0087 301 WEST 77TH STREET CITY OF RICHFIELD/HRA $1,071.20 $0.00 $1,071.20 49,047.19 34-02824-33-0088 351 WEST 77TH STREET HPT CW II PROP TRUST $2,288.58 $0.00 $2,288.58 104,787.58 34-02824-33-0150 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $311.31 $0.00 $311.31 14,254.20 34-02824-33-0151 7645 LYNDALE AVENUE SOUTH RICHFIELD SENIOR HOUSING INC $157.33 $0.00 $157.33 7,203.50 34-02824-33-0152 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $153.86 $0.00 $153.86 7,044.70 34-02824-33-0153 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $167.53 $0.00 $167.53 7,670.80 34-02824-33-0154 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $143.78 $0.00 $143.78 6,583.40 34-02824-33-0155 7645 LYNDALE AVENUE SOUTH MAIN STREET OFFICE LLC $311.31 $0.00 $311.31 14,254.20 ~ 34-02824-34-0001 84 WEST 78TH STREET SHERWIN-WILLIAMS DEV CORP $252.95 $0.00 $252.95 11,581.69 34-02824-34-0052 7700 PILLSBURY AVENUE SOUT CITY OF RICHFIELD $896.39 $0.00 $896.39 41,043.00 34-02824-34-0053 200 WEST 78TH STREET TWO S PROPERTIES, INC $1,926.23 $0.00 $1,926.23 88,196.70 34-02824-34-0054 7700 WENTWORTH AVENUE SO LEIGHTON PARTNERS LLC ATTN CHIE $440.64 $0.00 $440.64 20,175.75 34-02824-34-0055 7720 WENTWORTH AVENUE SO HILMER M HOVELSON $446.58 $0.00 $446.58 20,447.54 34-02824-34-0056 100 WEST 78TH STREET VIKING PAINTS $454.65 $0.00 $454.65 20,816.91 34-02824-34-0057 7721 PILLSBURY AVENUE SOUT VIKING PAINTS, INC $687.76 $0.00 $687.76 31,490.45 34-02824-34-0058 7715 PILLSBURY AVENUE SOUT WILLIAMS PROPERTIES LLC $117.54 $0.00 $117.54 5,381.70 34-02824-34-0059 7717 PILLSBURY AVENUE SOUT ROBERT A GEORGE $102.88 $0.00 $102.88 4,710.60 Tue Jul 21, 2009 3:53 pm CITY OF RICHFIELD Page 3 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 34-02824-34-0060 7709 PILLSBURY AVENUE SOUT KERKER PROPERTIES LLC $213.99. $0.00 $213.99 9,798.20 34-02824-34-0061 7701 PILLSBURY AVENUE SOUT BRUCE WALTER KIENKE $223.68 $0.00 $223.68 10,241.56 34-02824-34-0065 7700 NICOLLET AVENUE SOUTH 7700 NICOLLET, LLC $402.30 $0.00 $402.30 18,420.23 34-02824-34-0066 7720 NICOLLET AVENUE SOUTH SPEEDWAY SUPERAMERICA LLC %PF $344.67 $0.00 $344.67 15,781.56 34-02824-43-0005 140 EAST 78TH STREET RALEIGH P NELSON $876.10 $0.00 $876.10 40,114.26 34-02824-43-0006 7701 NICOLLET AVENUE SOUTH MENARD INC $6,793.45 $0.00 $6,793.45 311,052.80 34-02824-43-0007 7717 NICOLLET AVENUE SOUTH YAU MUI LO $2,220.06 $0.00 $2,220.06 101,650.18 YIK CHI LO 34-02824-43-0077 7745 2ND AVENUE SOUTH ROBERT LURTSEMA $503.07 $0.00 $503.07 23,034.00 34-02824-44-0006 7700 PORTLAND AVENUE SOUT ELSEN BROTHERS INC $313.55 $0.00 $313.55 14,356.74 34-02824-44-0007 7730 PORTLAND AVENUE SOUT D B R INC %ELSEN BROTHERS INC $509.47 $0.00 $509.47 23,327.05 34-02824-44-0023 500 EAST 78TH STREET A G BOGEN CO $625.23 $0.00 $625.23 28,627.32 ~ 34-02824-44-0024 7708 5TH AVENUE SOUTH TBG, LLC $210.67 $0.00 $210.67 9,646.20 34-02824-44-0025 7714 5TH AVENUE SOUTH GARY WIBERG $228.41 $0.00 $228.41 10,458.33 34-02824-44-0027 7701 5TH AVENUE SOUTH A G BOGEN $266.85 $0.00 $266.85 12,218.35 34-02824-44-0028 415 EAST 77TH STREET RICHFIELD WHEEL ALIGNMENT $208.14 $0.00 $208.14 9,530.34 RONALD HESSE 34-02824-44-0029 7731 4TH AVENUE SOUTH BLAYLOCK PLUMBING CO $445.74 $0.00 $445.74 20,409.29 34-02824-44-0030 7715 4TH AVENUE SOUTH RICHFIELD BLOOMINGTON CRE $346.58 $0.00 $346.58 15,868.88 34-02824-44-0031 7744 5TH AVENUE SOUTH DJ & DJ LLC $662.22 $0.00 $662.22 30,321.17 34-02824-44-0032 345 EAST 77TH STREET RICHFIELD-BLOOMINGTON CU $791.83 $0.00 $791.83 36,255.85 Tue Jul 21, 2009 3:53 pm CITY OF RICHFIELD Page 4 "`*Projected*" Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 35-02824-33-0006 7701 PORTLAND AVENUE SOUT ASIAN DIRECT ORIENTAL MARKET INC $481.75 $0.00 $481.75 22,057.85 DANY LAO DAR LAO 35-02824-33-0007 7727 PORTLAND AVENUE SOUT UNICARE HOMES, INC $644.24 $0.00 $644.24 29,498.13 35-02824-33-0008 7733 PORTLAND AVENUE SOUT BILL DAVIS $609.93 $0.00 $609.93 27,926.74 SINCLAIR OIL CORP 35-02824-33-0009 616 EAST 78TH STREET LOTS BERG $532.38 $0.00 $532.38 24,376.32 35-02824-34-0002 7744 12TH AVENUE SOUTH B & S LAND DEVELOPMENT LLC $561.23 $0.00 $561.23 25,697.02 35-02824-43-0006 7715 14TH AVENUE SOUTH A G BOGEN CO $882.23 $0.00 $882.23 40,394.75 35-02824-43-0008 1200 EAST 78TH STREET PMB HOSPITALITY LLC $1,018.29 $0.00 $1,018.29 46,624.71 35-02824-43-0073 1400 EAST 78TH STREET A G BOGEN $311.32 $0.00 $311.32 14,254.55 35-02824-43-0074 1420 EAST 78TH STREET A G BOGEN COMPANY $1,091.07 $0.00 $1,091.07 49,956.97 pV 35-02824-43-0076 1500 EAST 78TH STREET A G BOGEN COMPANY $1,275.79 $0.00 $1,275.79 58,414.69 1 35-02824-44-0004 7636 CEDAR AVENUE SOUTH MOTEL 6 OPERATING L P #1106 $1,230.47 $0.00 $1,230.47 56,339.90 ' 35-02824-44-0006 1710 EAST 78TH STREET CITY OF RICHFIELD/HRA $744.95 $0.00 $744.95 34,109.20 35-02824-44-0007 1640 EAST 78TH STREET JERRY E MATHWIG $920.53 $0.00 $920.53 42,148.35 35-02824-44-0008 1620 EAST 78TH STREET JERRY MATHWIG %METRO SALES INC $1,187.67 $0.00 $1,187.67 54,379.79 35-02824-44-0010 1550 EAST 78TH STREET OLIN-MATHWIG LLC $3,105.24 $0.00 $3,105.24 142,180.10 35-02824-44-0031 1600 78TH STREET EAST 494 BUILDING PARTNERSHIP LLC $731.89 $0.00 $731.89 33,511.00 FRONTLINE INVESTMENTSINCORPOF 35-02824-44-0032 78TH EAST BLOOMINGTON AVE CLEAR CHANNEL OUTDOOR INCORPC $40.88 $0.00 $40.88 1,872.00 Total # of Parcels: 78 Totals: $80,000.00 $0.00 $80,000.00 3662970.922 I y 4 ~GL-t1 6700 Portland Avenue • Richfield, Minnesota 55423-2599 «PIN» «oName1» «oName2» MAYOR «ADDRESS» DEBBIE GOETTEL «CSZ» aTY couNCi~ NOTICE OF ASSESSMENT HEARING PAT ELLIOTT TOM FITZHENRY NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR CERTAIN SERVICES OF suzANNE M. sANDAFiL THE CITY WITHIN THE 77TH STREET.REDEVELOPMENT AREA FRED L. WROGE, JR. FROM JANUARY 1, 2008 -DECEMBER 31, 2008 CITY MANAGER STEVEN L. DEVICH NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment ` for the maintenance of the 77th Street Redevelopment area in the City. DATE, TIME AND PLACE OF HEARING: August 11, 2009, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423 NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2008 through December 31, 2008, the City of Richfield incurred costs for maintenance of the 77th Street area, including such work as landscape maintenance of common properties, including mowing, fertilizing irrigation repair and other maintenance services. The City proposes to assess the costs for maintenance in the 77th Street project area, which totaled $63,705.53, against the properties that benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $63,705.53. The amount to be assessed against your particular property is: «TotalAmt». II Payment can be made after the assessment is adopted and before November 15, 2009 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the City of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 11, 2009. j I i The Urban Hometown Telephone (612) 861-9700 • Fax (612) 861-9749 ' - www.cityofrichfleld.org AN EQUAL OPPORTUNfIY EMPLOYER y I w ~ '7 ~ ! PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield, Minnesota 55423. Unpaid assessments accrue interest at the rate of six percent (6%) per year. The amount of interest payable depends upon when your payment is made, and the following deadlines apply: Pavment within 30 davs of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 11, 2009. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15tH Pavment on or after November 15. 2009: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions regarding the assessment oavment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law ,all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not aooeal unless you file a written objection. sianed by vou. with the Citv Clerk prior to the hearina on Auaust 11.2009. or present the written objection to the presiding officer at the hearina on Auaust 11th. BY ORDER OF THE CITY COUNCIL THIS 14TH DAY OF JULY, 2009. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. ILN 77TH STREET MAINTENANCE DISTRICT _ _ _ I 1 z 3 la _ - - J T W 76TH ST W ~ 1 ROOST: G'EL'1' ° P.aRIi `1 n1H S' -r;Tr Si W nrH sT - I ~ 1' i . 78TH ST W 78 ST `A' I INT ERSTATc MM' NO -..~~ontATE HWY NO 69~ _ r ~ ~~NN M1O4^~ - I V N'__ ~~H - T _ _.E_ _ _ - - L rb 1,- 1~J _ i ROOSEVELT . ~ - - - _ _i~t~rrc ~ ~:'t 11 ~ -`ii I L 1~ ~ - L 1 "-""fV NU 4wi 1 IN I k;Vt` roi 1. 11\MY NU M19M1 t TNTII ST L - _ _ ILN Maintenance District ~t ~ _ ~ Assessed - ~1 ~ ~ NO ~ . . ~ Feet ~ YES s ' 0 310 620 1,240 1,860 2,480 I II AGENDA SECTION: _Public Hearings AGENDA ITEM # 7b REPORT # 1C)Z STAr~r~ REPORT ~ CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: MARK HALL, OPERATIONS MANAGER PARKS/FLEET DEPARTMENT DIRECTOR REVIEW: SIGNA REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the attached resolutions pertaining to the annual Lyndale/HUB/Nicollet (LHN) maintenance assessment process I I. RECOMMENDED ACTION: ~ Conduct and close the public hearing and by motion: • Adopt the attached resolution declaring costs to be assessed and ordering preparation of the proposed assessment ,roll for 2008 ~ Lyndale/HUB/Nicollet (LHN) Maintenance. • Adopt the attached resolution proposing a similar assessment process to be implemented for 2010. II. BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the LHN (Lyndale, Hub, Nicollet) area in 1981. The extraordinary services include irrigation and weeding and mowing of landscaped areas. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined actual costs of current services to be assessed .for the 2008 maintenance of this area and estimated costs for the 2010 maintenance. III. BASIS OF RECOMMENDATION 0811091hn0810assess A. POLICY • Resolution No. 6372, adopted in 1981, established a policy for assessing the costs. • Staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk. • Notice of the public hearing for the proposed maintenance costs in 2008 was mailed to all owners of commercial property in the area and was published in the official newspaper July 23, 2009, as required by law. B. CRITICAL ISSITES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. • The City does not assess residential properties for maintenance costs in the LHN maintenance district. C. FINANCIAL • Total cost for 2008 LHN maintenance services is $49,999.99. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staffs recommendation that the interest rate be established as six percent (6%). Payment may be made by the assessed owner before November 15, 2009 in order to avoid interest payments. Payments made after that date would include the interest payment. • The estimated maintenance. cost for the period January 1 through December 31, 2010 is $50,000. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed for the cost of the special, individual maintenance of direct benefit to the given property. D. LEGAL • The City Council scheduled a public hearing for August 11, 2009 on the assessment for the cost of maintenance services performed in the LHN development area for 2008 and to consider the establishment of a special assessment district for maintenance service costs for 2010. • The City Attorney will be in attendance at the Council meeting should a legal question arise. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION S • Council may make any changes to the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessments for 2008 LHN Maintenance • Resolution proposing to specially assess the costs of current services for 2010 • The 2008 assessment roll • The 2010 assessment roll- • Copy of letter sent to assessed property owners • Graphic displaying Lyndale/HUB/Nicollet special assessment district • Comments/responses from assessed property owners VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2008 special assessment. b ~ RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET LHN MAINTENANCE FOR THE PERIOD ~ ) JANUARY 1 THROUGH DECEMBER 31, 2008 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/Nicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of $49,999.99 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2009 and shall bear interest at the rate of six percent (6%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 11th day of August, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2010 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on August 11, 2009 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of--way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. repair of furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. ~6-3 3. The designated period of the project shall be from January 1 through December 31, 2010. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 11th day of August, 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Tue Jul 21, 2009 1:47 pm CITY OF RICHFIELD Page 1 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT . - 27-02824-13-0001 6445 NICOLLET AVENUE SOUTH WELLS FARGO BANK $708.12 $0.00 $708.12 40,081.22 27-02824-13-0052 6401 NICOLLET AVENUE SOUTH HUYEN NGUYEN/YEN BUI $236.67 $0.00 $236.67 13,396.24 27-02824-13-0053 6425 NICOLLET AVENUE SOUTH STOREFRONT/YOUTH ACTION $515.00 $0.00 $515.00 29,150.18 27-02824-13-0059 6501 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $581.01 $0.00 $581.01 32,886.53 27-02824-13-0060 6515 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $425.02 $0.00 $425.02 24,056.91 27-02824-13-0061 6515 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $14.62 $0.00 $14.62 827.41 27-02824-13-0062 6519 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $149.33 $0.00 $149.33 8,452.25 27-02824-13-0063 6519 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $182.57 $0.00 $182.57 10,334.01 27-02824-13-0064 6521 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $354.10 $0.00 $354.10 20,042.81 27-02824-13-0065 0004 EAST 66TH STREET RICHFIELD SHOPPES DEVELOPMENT $275.85 $0.00 $275.85 15,613.79 ~ 27-02824-13-0066 6533 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $268.63 $0.00 $268.63 15,205.13 27-02824-13-0067 6545 NICOLLET AVENUE SOUTH % PARK MIDWEST COMM RE $202.59 $0.00 $202.59 11,467.26 RICHFIELD SHOPPES DEVELOPMENT 27-02824-13-0114 0012 EAST 66TH STREET RICHFIELD SHOPPES DEVELOPMENT $72.63 $0.00 $72.63 4,111.28 27-02824-13-0115 0016 EAST 66TH STREET JOHN LEE $64.02 $0.00 $64.02 3,623.54 27-02824-23-0010 6457 LYNDALE AVENUE SOUTH HNC PROPERTIES, LLC $542.57 $0.00 $542.57 30,710.51 27-02824-23-0060 521 WEST 64TH STREET INVESTORS SAVINGS BANK FSB $201.33 $0.00 $201.33 11,396.00 27-02824-23-0064 6430 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $502.52 $0.00 $502.52 28,444.02 27-02824-23-0074 6439 LYNDALE AVENUE SOUTH HNC PROPERTIES LLC $870.80 $0.00 $870.80 49,289.27 27-02824-23-0079 6501 LYNDALE AVENUE SOUTH LAWRENCE KADISH C/O SEARS ROES $4,369.78 $0.00 $4,369.78 247,339.81 27-02824-23-0082 300 WEST 66TH STREET OWEST CORPORATION % PROPERTY $2,164.58 $0.00 $2,164.58 122,520.30 Tue Jul 21, 2009 1:47 pm CITY OF RICHFIELD Page 2 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT 27-02824-23-0084 6436 LYNDALE AVENUE SOUTH WOODLAKE VET HOSPITAL $142.86 $0.00 $142.86 8,086.14 27-02824-23-0085 6438 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $108.07 $0.00 $108.07 6,116.91 27-02824-23-0086 6440 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $200.58 $0.00 $200.58 11,353.53 27-02824-23-0087 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $392.40 $0.00 $392.40 22,210.92 27-02824-23-0088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $414.74 $0.00 $414.74 23,475.09 27-02824-23-0090 6500 LYNDALE AVENUE SOUTH GORDON STROM (WENDYS #131) $475.09 $0.00 $475.09 26,891.47 27-02824-23-0092 6401 LYNDALE AVENUE SOUTH MICHAEL SWENSON SOUTH PLAZA Bl $1,058.92 $0.00 $1,058.92 59,937.59 27-02824-23-0105 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $155.49 $0.00 $155.49 8,800.84 27-02824-23-0106 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $37.32 $0.00 $37.32 2,112.45 27-02824-23-0107 700 WEST 66TH STREET MARKET PLAZA COMMERCIAL LTD $3,339.85 $0.00 $3,339.85 189,043.20 27-02824-24-0040 6410 NICOLLET AVENUE SOUTH KIM MAI PROPERTIES, LLC $182.88 $0.00 $182.88 10,351.34 i 27-02824-24-0041 6412 NICOLLET AVENUE SOUTH LNS REAL ESTATE PARTNERSHIP $182.68 $0.00 $182.68 10,340.34 ~ 27-02824-24-0054 6420 NICOLLET AVENUE SOUTH LNS REAL ESTATE PARTNERSH $301.21 $0.00 $301.21 17,048.93 27-02824-24-0057 6440 NICOLLET AVENUE SOUTH RICHFIELD MEDICAL BUILDING PARTS $265.17 $0.00 $265.17 15,009.05 27-02824-24-0060 6500 NICOLLET AVENUE SOUTH BREMER BANK NATIONAL ASSOCIATIC $1,372.43 $0.00 $1,372.43 77,682.72 27-02824-24-0061 2 WEST 66TH STREET & 65TH S BRADLEY REAL ESTATE INC %PAM BE $10,206.21 $0.00 $10,206.21 577,695.09 27-02824-24-0063 220 WEST 66TH STREET WAGSTAFF PROPERTIES MINNESOTP $491.43 $0.00 $491.43 27,816.06 27-02824-24-0064 140 WEST 66TH STREET BRADLEY REAL ESTATE INC %PAM B, $2,579.03 $0.00 $2,579.03 145,978.89 27-02824-32-0126 6701 LYNDALE AVENUE SOUTH ANN ZILKA $265.82 $0.00 $265.82 15,045.81 PAUL J ZILKA 27-02824-32-0127 6645 LYNDALE AVENUE SOUTH RICHFIELD STATE AGENCY INC/STEVI $889.78 $0.00 $889.78 50,363.88 27-02824-32-0130 400 WEST 67TH STREET PINES INVESTMENTS LLC %STEVE KII $1,114.27 $0.00 $1,114.27 63,070.52 27-02824-32-0132 67TH STREET WEST & LYNDAL WOODLAKE-VEF IV LLC ATTN WILLIAA $172.18 $0.00 $172.18 9,745.70 Tue Jul 21, 2009 1:47 pm CITY OF RICHFIELD Page 3 Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 27-02824-32-0133 GRAND AVENUE SOUTH & 67TH PINE INVESTMENTS LLC %STEVE KIRi $456.52 $0.00 $456.52 25,840.01 27-02824-32-0134 GRAHAM AVENUE SOUTH & WE WOODLAKE-VEF IV LLC ATTN WILLIAh $331.96 $0.00 $331.96 18,789.71 27-02824-32-0137 6601 LYNDALE AVENUE SOUTH WOODLAKE-VEF IV LLC ATTN WILLIAM $2,673.41 $0.00 $2,673.41 151,321.14 27-02824-32-0138 407 WEST 66TH STREET WOODLAKE-VEF IV LLC ATTN WILLIAA $321.37 $0.00 $321.37 18,190.42 27-02824-32-0451 6640 LYNDALE AVENUE SOUTH CITY BELLA COMMERCIAL LLC $643.74 $0.00 $643.74 36,437.00 27-02824-42-0078 6601 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPERS $1,325.92 $0.00 $1,325.92 75,050.00 28-02824-11-0002 6330 LYNDALE AVENUE SOUTH ROY E PETERSON $320.64 $0.00 $320.64 18,149.10 28-02824-11-0080 6400 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $4,839.17 $0.00 $4,839.17 273,908.49 28-02824-14-0010 800 WEST 66TH STREET CITY REALTY, INC $931.33 $0.00 $931.33 52,715.25 _ 28-02824-41-0039 826 WEST 66TH STREET SPEEDWAY SUPER AMERICA LLC $548.15 $0.00 $548.15 31,026.38 y Total # of Parcels: 52 Totals: $49,442.36 $0.00 $49,442.36 2798552.448 a Tue Jul 21, 2009 3:49 pm CITY OF RICHFIELD Page 1 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SQ FT 27-02824-13-0001 6445 NICOLLET AVENUE SOUTH WELLS FARGO BANK $716.11 $0.00 $716.11 40,081.22 27-02824-13-0052 6401 NICOLLET AVENUE SOUTH HUYEN NGUYEN/YEN BUI $239.34 $0.00 $239.34 13,396.24 27-02824-13-0053 6425 NICOLLET AVENUE SOUTH STOREFRONT/YOUTH ACTION $520.81 $0.00 $520.81 29,150.18 27-02824-13-0059 6501 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $587.56 $0.00 $587.56 32,886.53 27-02824-13-0060 6515 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $429.81 $0.00 $429.81 24,056.91 27-02824-13-0061 6515 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $14.78 $0.00 $14.78 827.41 27-02824-13-0062 6519 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $151.01 $0.00 $151.01 8,452.25 27-02824-13-0063 6519 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $184.63 $0.00 $184.63 10,334.01 27-02824-13-0064 6521 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $358.09 $0.00 $358.09 20,042.81 27-02824-13-0065 0004 EAST 66TH STREET RICHFIELD SHOPPES DEVELOPMENT $278.96 $0.00 $278.96 .15,613.79 27-02824-13-0066 6533 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPMENT $271.66 $0.00 $271.66 15,205.13 1 27-02824-13-0067 6545 NICOLLET AVENUE SOUTH % PARK MIDWEST COMM RE $204.88 $0.00 $204.88 11,467.26 y RICHFIELD SHOPPES DEVELOPMENT 27-02824-13-0114 0012 EAST 66TH STREET RICHFIELD SHOPPES DEVELOPMENT $73.45 $0.00 $73.45 4,111.28 27-02824-13-0115 0016 EAST 66TH STREET JOHN LEE $64.74 $0.00 $64.74 3,623.54 27-02824-23-0010 6457 LYNDALE AVENUE SOUTH HNC PROPERTIES, LLC $548.69 $0.00 $548.69 30,710.51 27-02824-23-0060 521 WEST 64TH STREET WOODLAKE PLAZA PARTNERSHIP $203.61 $0.00 $203.61 11,396.00 27-02824-23-0064 6430 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $508.19 $0.00 $508.19 28,444.02 27-02824-23-0074 6439 LYNDALE AVENUE SOUTH HNC PROPERTIES LLC $880.62 $0.00 $880.62 49,289.27 27-02824-23-0079 6501 LYNDALE AVENUE SOUTH LAWRENCE KADISH C/O SEARS ROEE $4,419.07 $0.00 $4,419.07 247,339.81 27-02824-23-0082 300 WEST 66TH STREET QWEST CORPORATION % PROPERTY $2,188.99 $0.00 $2,188.99 122,520.30 Tue Jul 21, 2009 3:49 pm CITY OF RICHFIELD Page 2 **Projected''* Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 27-02824-23-0084 6436 LYNDALE AVENUE SOUTH WOODLAKE VET HOSPITAL $144.47 $0.00 $144.47 8,086.14 27-02824-23-0085 6438 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $109.29 $0.00 $109.29 6,116.91 27-02824-23-0086 6440 LYNDALE AVENUE SOUTH KATHERINE & GARY JAHN $202.85 $0.00 $202.85 11,353.53 27-02824-23-0087 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $396.83 $0.00 $396.83 22,210.92 27-02824-23-0088 6444 LYNDALE AVENUE SOUTH CITY OF RICHFIELD-FINANCE $419.41 $0.00 $419.41 23,475.09 27-02824-23-0090 6500 LYNDALE AVENUE SOUTH GORDON STROM (WENDYS #131) $480.45 $0.00 $480.45 26,891.47 27-02824-23-0092 6401 LYNDALE AVENUE SOUTH MICHAEL SWENSON SOUTH PLAZA Bl $1,070.87 $0.00 $1,070.87 59,937.59 27-02824-23-0105 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $157.24 $0.00 $157.24 8,800.84 27-02824-23-0106 6501 WOODLAKE DRIVE MARKET PLAZA COMMERCIAL LTD $37.74 $0.00 $37.74 2,112.45 27-02824-23-0107 700 WEST 66TH STREET MARKET PLAZA COMMERCIAL LTD $3,377.52 $0.00 $3,377.52 189,043.20 27-02824-24-0040 6410 NICOLLET AVENUE SOUTH KIM MAI PROPERTIES, LLC $184.94 $0.00 $184.94 10,351.34 27-02824-24-0041 6412 NICOLLET AVENUE SOUTH LNS REAL ESTATE PARTNERSHIP $184.74 $0.00 $184.74 10,340.34 t 27-02824-24-0054 6420 NICOLLET AVENUE SOUTH LNS REAL ESTATE PARTNERSH $304.60 $0.00 $304.60 17,048.93 27-02824-24-0057 6440 NICOLLET AVENUE SOUTH RICHFIELD MEDICAL BUILDING PARTf~ $268.16 $0.00 $268.16 15,009.05 27-02824-24-0060 6500 NICOLLET AVENUE SOUTH BREMER BANK NATIONAL ASSOCIATI( $1,387.91 $0.00 $1,387.91 77,682.72 27-02824-24-0061 2 WEST 66TH STREET & 65TH S BRADLEY REAL ESTATE INC %PAM Bf $10,321.32 $0.00 $10,321.32 577,695.09 27-02824-24-0063 220 WEST 66TH STREET WAGSTAFF PROPERTIES MINNESOTP $496.97 $0.00 $496.97 27,816.06 27-02824-24-0064 140 WEST 66TH STREET BRADLEY REAL ESTATE INC %PAM B, $2,608.11 $0.00 $2,608.11 145,978.89 27-02824-32-0126 6701 LYNDALE AVENUE SOUTH ANN ZILKA $268.81 $0.00 $268.81 15,045.81 PAUL J ZILKA 27-02824-32-0127 6645 LYNDALE AVENUE SOUTH RICHFIELD STATE AGENCY INC/STEVI $899.82 $0.00 $899.82 50,363.88 27-02824-32-0130 400 WEST 67TH STREET PINES INVESTMENTS LLC %STEVE KII $1,126.84 $0.00 $1,126.84 63,070.52 27-02824-32-0132 67TH STREET WEST & LYNDAL WOODLAKE-VEF IV LLC ATTN WILLIAA $174.12 $0.00 $174.12 9,745.70 Tue Jul 21, 2009 3:49 pm CITY OF RICHFIELD Page 3 **Projected** Levy Listing PROPERTY ID LOCATION ADDRESS OWNER AMOUNT ADD ON TOTAL SO FT 27-02824-32-0133 GRAND AVENUE SOUTH & 67TH PINE INVESTMENTS LLC %STEVE KIRK $461.67 $0.00 $461.67 25,840.01 27-02824-32-0134 GRAHAM AVENUE SOUTH & WE WOODLAKE-VEF IV LLC ATTN WILLIAA $335.70 $0.00 $335.70 18,789.71 27-02824-32-0137 6601 LYNDALE AVENUE SOUTH WOODLAKE-VEF IV LLC ATTN WILLIAA $2,703.56 $0.00 $2,703.56 151,321.14 27-02824-32-0138 407 WEST 66TH STREET WOODLAKE-VEF IV LLC ATTN WILLIAA $325.00 $0.00 $325.00 18,190.42 27-02824-32-0451 6640 LYNDALE AVENUE SOUTH CITY BELLA COMMERCIAL LLC $651.00 $0.00 $651.00 36,437.00 27-02824-42-0078 6601 NICOLLET AVENUE SOUTH RICHFIELD SHOPPES DEVELOPERS $1,340.87 $0.00 $1,340.87 75,050.00 28-02824-11-0002 6330 LYNDALE AVENUE SOUTH ROY E PETERSON $324.26 $0.00 $324.26 18,149.10 28-02824-11-0080 6400 LYNDALE AVENUE SOUTH RANCHO RICHFIELD LLC $4,893.75 $0.00 $4,893.75 273,908.49 28-02824-14-0010 800 WEST 66TH STREET CITY REALTY, INC $941.83 $0.00 $941.83 52,715.25 28-02824-41-0039 826 WEST 66TH STREET SPEEDWAY SUPER AMERICA LLC $554.33 $0.00 $554.33 31,026.38 v Total # of Parcels: 52 Totals: $49,999.98 $0.00 $49,999.98 2798552.448 i I f~ ~b-lo 6700 Portland Avenue • Richfield, Minnesota 55423-2599 PIN» «oName1» «oName2» MAYOR «ADDRESS» DEBBIE GOETTEL « CSZ» am couNCi~ NOTICE OF ASSESSMENT HEARING PAT ELLIOTT ToM FITZHENRV NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR suzANNE M. sANDAHL CERTAIN SERVICES OF THE CITY WITHIN THE FRED L. WROGE, JR. LYNDALEIHUB/NICOLLET REDEVELOPMENT AREA CITY MANAGER FROM JANUARY 1, 2008 -DECEMBER 31, 2008 STEVEN L. DEVICH NOTICE IS HEREBY GIVEN that the Richfield City Council will hold an assessment hearing on the date and at the time and place given below, to pass upon the proposed assessment of maintenance services to that area known as the Lyndale/Hub/Nicollet (L/H/N) Redevelopment Area in the City. DATE, TIME AND PLACE OF HEARING: August 11, 2009, at 7:00 p.m. or as soon thereafter as the matter can be reached on the agenda, at Richfield City Hall, 6700 Portland Avenue South, Richfield, Minnesota 55423. NATURE OF IMPROVEMENT AND AREA TO BE ASSESSED: From January 1, 2008 through December 31, 2008, the City of Richfield incurred costs for maintenance of the L/H/N area, including such work as landscape maintenance of common properties, including mowing, fertilizing, irrigation repair and other maintenance services. The City proposes to assess the costs for L/H/N maintenance and repair, which totaled $49,442.36 against the properties which benefited from this work. PROPOSED AMOUNT OF ASSESSMENT: The total amount to be assessed against all properties is $49,442.36. The amount to be assessed against your particular property is: «TotalAmt» Payment can be made after the assessment is adopted and before November 15, 2009 at the City of Richfield Assessor's office, 6700 Portland Avenue, Richfield, MN 55423. Please make your check payable to the Citv of Richfield. A copy of the proposed assessment roll is on file for public inspection at the City Clerk's office, 6700 Portland Avenue South, Richfield, Minnesota. THIS IS THE ONLY NOTICE YOU WILL RECEIVE OF THIS ASSESSMENT. NO SEPARATE BILLING WILL OCCUR. PLEASE DO NOT MAIL PAYMENT BEFORE THE ASSESSMENT HEARING ON AUGUST 11, 2009. ~ The Urban Hometown Telephone (612) 861-9700 • Fax (612) 861-9749 www.cityofrichfield.org AN EQUAL OPPORTUNITY EMPLOYER ~ ~ I PAYMENT OF ASSESSMENT: You may pay your assessment at any time after the assessment has been adopted by presenting a check to the City Treasurer at the Assessor's office, 6700 Portland Avenue South, Richfield; Minnesota 55423. Unpaid assessments accrue interest at the rate of six ercent 6% er ear. The amount of interest a able de ends u on p ( )p Y p Y P p when your payment is made, and the following deadlines apply: Pavment within 30 davs of adopted assessment: If the original principal amount of the assessment is $300 or more, you may make a partial prepayment of $100 or more within 30 days from the date the Council adopts the assessment, scheduled for August 11, 2009. No interest will be charged on the prepaid portion. Partial prepayments are not allowed after the 30-day period. The unpaid balance will be spread over the life of the adopted assessment. Six percent (6%) interest will not be charged if the entire assessment is paid before November 15th Pavment on or after November 15, 2009: Interest at the rate of six percent (6%) will be charged, calculated from the date of adoption of the assessment until the date of payment. Interest is calculated for 17 months on the first year of the assessment and 12 months thereafter. There is a $1.50 surcharge per year over the life of the assessment when certified to the property tax. Questions regarding the assessment Pavment procedure should be directed to Debbie Guiher at 612-861-9710. DEFERRED ASSESSMENTS: Under Minnesota Stat. Secs. 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person who meets certain age or disability restrictions and for whom it would be a hardship to make the payments. The policy and procedure for deferment is set forth in City Resolution No. 9531, which may be obtained from the City Clerk. When deferment of the special assessment has been granted and is terminated for any reason provided in law ,all amounts accumulated plus applicable interest become -due. Any assessed property owner meeting the requirements of the law and the resolution may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for deferral of this special assessment. HEARING PROCEDURE AND OBJECTIONS: The City Council will conduct a public hearing on the proposed assessment on the date and time listed. Written and oral objections will be considered at the meeting, but the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon further notice to the affected property owners, as the Council deems advisable. The Council may. adopt the proposed assessment at the same meeting as the hearing. RIGHT TO APPEAL: You have the right to appeal the City Council's adoption of the assessment. To appeal, you must serve notice of an appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment, and you must also file the notice of appeal with the Hennepin County District Court within ten days after service upon the Mayor or City Clerk. You may not appeal unless you file a written obiection. sianed by vou. with the City Clerk prior to the hearina on Auaust 11.2009. or present the written obiection to the presidina officer at the hearina on Auaust 11th. BY ORDER OF THE CITY COUNCIL THIS 14TH DAY OF JULY, 2009. Questions concerning this assessment amount should be directed to Mark Hall, Operations Manager, at 612-861-9173. _ - ~ I T R T _ E S IAN C ~I VIAI ~1T _ _ -I o O DREB r ~I_ - z N 1l ~ 'H R ~ o ~ - - - / w' Z Z ~ I 4~I Q ~ > ~ w w - = U' W a a a a a ~ ~ ~ _ ~ - 64TH _ _ ST W ~-1 a~- o J J_ J _ a ^ w'~ ~ m' z _ ~ ~ Richfield Luke ~ - - 5TH ST W r ~ - { ® C.L1tLLJ `U _ i ~ 1 _ <n SH I~ 3~ ~ ~ ~5~~ 1 ~~F _ ~ > T~'Q , r, 471 ~ - 8 1 ~ CO 66TH ST W (CO RD NO 53) _ f - o - 66p r I --_i~_ - ti ~ ST ~ ~ AG4DEiYlYOF ' / ciRC~E P~ HOf_YANGELS ~ ( ~ Rqy ~ 9 ' i`\_ ~ LHN MAINTENANCE DISTRICT ~ / s~ ~..T T . w _ - - Assessed f ~ ~ WOOD LAKE C~~ ~ S ®NO NATURE CENTER df 'f 1 N - sros P~ ~ YES o o • - - I~ cn i i C - Feet 0 250 500 1, 000 1, 500 2, 000 r~ CITY OF RICHFIELD Memorandum DATE: August 11, 2009 TO: Special Assessment File FROM: Mark Hall, Operations Manager Fleet/Parks SUBJECT: Comments on Special Assessments SPECIAL ASSESSMENT FOR LHN STREET DISTRICT A Comment was received from Roy Peterson regarding the $320.00 assessment for his property on July 27, 2009. He is the owner of 6330 - 6340 Lyndale Avenue South. He does not believe he should be assessed. His stated: "Im not going to pay. I've had to cut my rent in half to keep renters in the. buildings. You're ruining the stretch of businesses. It's ridiculous. " AGENDA SECTION: public Hearings AGENDA ITEM # g REPORT # 1 STAFF REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ SIGNA REVIEWED BY CITY MANAGER: T ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of second reading of the proposed ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield and consideration of the resolution authorizing summary publication of the ordinance. ~ I. RECOMMENDED ACTION: I Conduct and close the public hearing and by motion: • Approve second reading of the attached ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Energy for providing electric service within the City of Richfield, and • Approve the attached resolution authorizing summary publication of the ordinance. i IL BACKGROUND The City first adopted an Electric Franchise Fee Ordinance in December 2003, to be implemented in early 2004. The franchise ordinance included a fee schedule that incorporated several classifications of properties and. the corresponding monthly fee per meter. The fees ranged from the lowest fee per meter, established for residential property at a monthly meter charge of $1.45 to large commercial and industrial customers at a monthly meter charge of $65. As part of the 2005 budget process, the City Council included 10% franchise fee increase as part of the 2005 revenue package. This 10% increase amounted to a 15 cent per 0811 Electric Franchise Fee Increase month increase on each residential meter and up to a $6.50 per month increase on the large commercial and industrial classification. As part of the current 2006 budget preparation process, a 3% franchise fee increase is being proposed as part of the budgeted 2006 revenues. This increase will amount to a .05 Cent per month increase in each residential meter and up to $2.15 per month on the large commercial and industrial classification. At the May 26, 2009 City Council Meeting, the City Council adopted by resolution, a Dutch Elm Diseased (DED) boulevard tree removal policy. Funding for the removal of trees infected with DED-was to come from franchise fees. Accordingly, a 14% franchise fee increase is being proposed. This increase will amount to a .23 Cent per month increase in each residential meter and up to $10.31 increase per commercial and industrial classifications. In accordance with the franchise fee agreement, the City has notified the electric utility, Xcel Energy of the intended franchise fee increase. It is estimated that the fee will be implemented commencing November 1, 2009. First reading of the ordinance was held on July 28, 2009. The public hearing notice was published in the Richfield Sun Current on July 30, 2009. The attached resolution approving the summary publication of the ordinance must be approved unanimously by Council III. BASIS OF RECOMMENDATION A. POLICY • The dedicated funds generated from franchise fees provide a reliable funding source for the important infrastructure elements of streets, removal of diseased trees and the purchase of new trees. B. CRITICAL ISSUES • An increase in the franchise fees was approved by the City Council as part of the DED Tree Removal Policy. C. FINANCIAL , • The cumulative annual fees generated by the 14% increase amount to approximately $64,000. These additional fees will fund the removal of DED trees on City property. • At the May 26, 2009 City Council meeting, a contract in the amount of $99,000 was awarded to North Star Tree Care for DED tree removal. D. LEGAL • The City Attorney has recommended that the City formally adopt the fee schedule increase by amending the Electric Franchise ordinance. E. ENVIIZONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ J • None, as the fee schedule change should be memorialized through the Franchise Ordinance. V. ATTACHMENTS • Proposed ordinance. • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~-1 ORDINANCE NO. CITY OF RICHFIELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER DB/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICt1r iELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2007-5, a Franchise Agreement between the City and Northern States Power Company, d/b/a Xcel Energy, the City has the right to impose a franchise fee on Xcel Energy in amount and fee design as authorized in Section 9.1 of the Xcel Energy Franchise. (b) Pursuant to City Ordinance 2007-5, the City exercised its right to impose a franchise fee on Xcel Energy. This includes the right to modify the fee amount with the consent of Xcel Energy as to amount and notice period, to which Xcel Energy has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2007-5, the franchise fee imposed on Xcel Energy under its Electric Franchise is hereby amended. The amended fee schedule is attached hereto and made a part of this ordinance, commencing with the Xcel Energy's November 2009 billing month. Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.3 of the Franchise. This fee is an account-based fee on each premise and not ameter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest .franchise fee applicable to a single rate classification for energy delivered to that premise. . In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. JMS-240033v2 RC145-516 d~ Subd. 4. Surcharge. The City recognizes .that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subd. 5. Record Sunnort for Payment. Xcel Energy shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. It has been agreed to in advance by Xcel Energy's representatives that Xcel Energy will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give Xcel at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of Xcel to any proposed increase in the fee but may unilaterally decrease or terminate the fee. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Richfield this 28th day of July 2009. Read and passed by the City Council of the City of Richfield this 11th day of August, 2009. Debra Goettel, Mayor Steven Devich, City Manager APPROVED AS TO FORM: Nancy Gibbs, City Clerk JMS-240033v2 RC145-5.16 V J EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter Residential _1..88 Sm C & I -Non-Dem $5..~0 _5.81 Sm C & I -Demand $1 ? _ _12.92 Large C & I r4_ _83.96 Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January -March collections due by Apri130. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. JMS-240033v2 RC145-516 .r~ V RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE WHEREAS, The City of Richfield has. adopted the above referenced ordinance, amending Appendix E to the Richfield City Code, and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD The purpose of this ordinance amendment is to modify the franchise fee on Northern States Power d/b/a Xcel Energy under its Electric Franchise Agreement commencing with the Xcel Energy's November 2009 billing month. - FEE SCHEDULE Class Fee Per Meter Residential $1.88 Sm C & I -Non-Dem $5.81 Sm C & I -Demand $12.92 Large C & I $83.96 Franchise fees are to be collected by the utility and submitted to the City on a quarterly basis. The utility may surcharge the fees to its customers as permitted by law. The City will review the ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee. Copies of the ordinance are available for public inspection in the Administrative Services Department during normal business hours or upon request by calling Chris Regis, Finance Manager at 612-861-9723. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Public Hearings AGENDA ITEM # 9 REPORT # 164 STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGN RE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of second reading of the proposed ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield and consideration of resolution authorizing summary publication of the ordinance. I. RECOMMENDED ACTION: ~ I Conduct and close the public hearing and by motion: • Approve second reading of the attached ordinance modifying the gas franchise fee on CenterPoint Energy for providing gas service within the City of Richfield, and • Approve the attached resolution authorizing summary publication of the ordinance. II. BACKGROUND The City first adopted a Gas Franchise Fee Ordinance in December 2003, to be implemented in .early 2004. The franchise ordinance included a fee schedule that incorporated several classifications of properties and the corresponding monthly fee per meter. The fees ranged from the lowest fee per meter, established for residential property at a monthly meter charge of $1.45 to LVDF (Large Volume- Dual Fuel) customers at a monthly meter charge of $10. As part of the 2005 budget process, the City Council included 10% franchise fee increase as part of the 2005 revenue package. This 10% increase amounted to a 15 cent per month increase on each residential meter and up to a $1 per month increase on the LVDF classification. 0811 Gas Franchise Fee Increase I As part of the current 2006 budget preparation process, a 3% franchise fee increase is being proposed as part of the budgeted 2006 revenues. This increase will amount to a .05 Cent per month increase in each residential meter and up to .33 Cents per LVDF (Large Volume-Dual Fuel) classification. At the May 26, 2009 City Council meeting, the City Council adopted by resolution, a Dutch. Elm Diseased (DED) boulevard tree removal policy. Funding for the removal - of trees infected with DED was to come from franchise fees. Accordingly, a 14% franchise fee increase is being proposed. This increase will amount to a .23 Cent per month increase in each residential meter and up to $1.59 per commercial and industrial classifications In accordance with the franchise agreement, the City has notified the gas utility, CenterPoint Energy of the intended franchise fee increase. It is estimated the fee will be implemented commencing November 1, 2009. First reading was held on July 28, 2009. The public hearing notice was published in the Richfield Sun Current on July 30, 2009. The attached resolution approving the summary publication of the ordinance must be approved unanimously by Council. ~ III. BASIS OF RECOMMENDATION A. POLICY • The dedicated funds generated from franchise fees provide a reliable funding source for the important infrastructure elements of streets, removal of diseased trees and the purchase of new trees. ~ B. CRITICAL ISSUES • An increase in franchise fees was approved by the City Council as part of the DED Tree Removal Policy. C. FINANCIAL • The cumulative annual fees generated by the 14% increase amounts to approximately $38,000. These additional fees will fund the removal of DED trees on City Property. • At the May 26, 2009 City Council meeting, a contract in the amount of $99,000 was awarded to North Star Tree Care for DED tree removal D. LEGAL • The City Attorney has recommended that the City formally adopt the fee schedule increase by amending the Gas Franchise ordinance. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • None, as the fee schedule change should be memorialized through the ~ Franchise Ordinance. V. ATTACHMENTS • Proposed ordinance. • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • .None. _a-I ORDINANCE NO. CITY OF RICtiriELD COUNTY OF HENNEPIN STATE OF MINNESOTA AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITt11N THE CITY OF RICHFIELD THE CITY OF RICHFIELD ORDAINS: SECTION 1. The City of Richfield Municipal Code Appendix E is hereby amended as follows: Subdivision 1. Purpose. The Richfield City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Richfield. (a) Pursuant to City Ordinance No. 2003-10, a Franchise Agreement between the City and CenterPoint Energy ("CenterPoint"), the City has the right to impose a franchise fee on CenterPoint in an agreed upon amount and fee design, as set forth in Section 6.1 of the CenterPoint Franchise. (b) Pursuant to City Ordinance 2005-13, the City exercised its right to impose a franchise fee on CenterPoint. This includes the right to modify the fee amount with the consent of CenterPoint as to amount and notice period, to which CenterPoint has consented. Subd. 2. Franchise Fee Statement. Pursuant to Ordinance 2005-13, the franchise fee imposed on CenterPoint under its Gas Franchise is hereby amended. The amended fee schedule is attached hereto as Exhibit A and made a part of this ordinance, commencing with the CenterPoint's November 2009 billing month. The franchise fee is in lieu of all permit fees otherwise paid by Minnegasco for its use of Public Ways and Public Ground in the City. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth as follows. The franchise fee shall be payable quarterly and shall be based on the complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The fee may be changed by ordinance from time to time, however each change shall meet the same notice requirements and may not occur more often than annually. Such fee shall not exceed any amount, which the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for Gas service. The Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles or customer refunds. The time and manner of collecting the franchise fee is subject to approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its records available for inspection by the City at reasonable times, provided that the City and its designated representative agree in writing not to disclose any in1'.,~~~~ation that is not ublic data which would indicate the amount aid b an identifiable customer or an other p P Y Y Y information regarding specific customers. JMS-240028v4 RC145-515 Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that CenterPoint will surcharge its customers in the City the amount of the fee. Subd. 5. Record Suuoort for Payment. CenterPoint shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon CenterPoint by certified mail. It has been agreed to in advance by CenterPoint's representatives that CenterPoint will abide by the provisions of this Subdivision 7, provided fee collection will not commence before the later of the Company billing month set forth in subdivision 2 or the first billing month commencing 20 days after the foregoing effective date of the franchise fee. Subd. 8. Fee Review. The City Council shall begin a review of this Ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee. If the Council deems it to be in the City's best interest to continue the fee in its current form, no Council action is necessary. If the Council deems it to be in the City's best interest to terminate or modify the fee, the Council shall give CenterPoint at least sixty (60) days written notice prior to the proposed change. Subject to the City's rights under Minnesota law, the City shall obtain the consent of CenterPoint to any proposed increase in the fee but may unilaterally decrease or terminate the fee. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Richfield this 28~' day of July, 2009. Read and passed by the City Council of the City of Richfield this 11~' day of August, 2009. Debra Goettel, Mayor Steven Devich, City Manager APPROVED AS TO FORM: Nancy Gibbs, City Clerk JMS-240028v4 RC145-515 ~-3 EXH/BlT A CENTERPOINT GAS FRANCHISE , FEE SCHEDULE Class Fee Per Meter Residential $~-.b5_ 1.88 ComilrA $.1..b5_ 1.88 Comm/Ind-B 5.81 Comm/Ind C $.x..3.3 12.92 SVDF-A $1_33. 12.92 SVDF-B ~ 12.92 LVDF ~ ~3 12.92 Franchise fees are to be collected by the Utility in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January -March collections due by Apri130. April -June collections due by July 31. July -September collections due by October 31. October -December collections due by January 31. JMS-240028v4 RC145-515 ~~y RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO APPENDIX E OF THE RICHFIELD CITY CODE WHICH PERTAINS TO THE FRANCHISE ORDINANCE WHEREAS, The City of Richfield has adopted the above referenced ordinance, amending Appendix E to the Richfield City Code, and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. ' AN ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD The purpose of this ordinance amendment is to modify the franchise fee on CenterPoint Energy under its Gas Franchise Agreement commencing with the CenterPoint Energy's j November 2009 billing month. The franchise fee is in lieu of all permit fees otherwise paid by CenterPoint Energy for its use of Public Ways and Public Grounds in the City. I Fee Schedule j Class Fee Per Meter i Residential $1.88 Comm-A $1.88 Comm/Ind-B $5.81 Comm/Ind-C $12.92 SVDF-A $12.92 SVDF-B $12.92 LVDF $12.92 'I Franchise fees are to be collected by the utility and submitted to the City on a quarterly basis. The utility may surcharge the fees to its customers as permitted by law. The City will review the ordinance by June 30, 2011 to determine whether to continue, terminate or modify the fee. Co ies of the ordinance are available for ublic ins ection in the Administrative Services P P P Department during normal business hours or upon request by calling Chris Regis, Finance Manager at 612-861-9723. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP. ORDINANCE AGENDA ITEM # 1Q REPORT # 165 STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK NAME, 77TZE DEPARTMENT DIRECTOR REVIEW: S~ runE REVIEWED BY CITY MANAGER: ~I ITEM FOR COUNCIL CONSIDERATIOl~T: I, Consideration of second reading of an amendment to the City Administrative Code Chapter 1, Subsection 100.07 adopting references to Minnesota Statutes and Rules. r I. RECOMMENDED ACTION: By Motion: Approve the second reading of the proposed ordinance amendment to the City Administrative Code Chapter 1, Subsection 100.07 adopting reference to Minnesota Statutes and Rules. r II. BACKGROUND The City Attorney has recommended to amend Section 100.07 (Official statutes, codes, regulations, and ordinances) to reflect the adoption of the most current State Statutes and Rules. This change will update a section of the City ordinance code that should be periodically updated. Section 100.07 currently references Minnesota Statutes 2007 and Minnesota Rules in effect on August 1, 2007. III. BASIS OF RECOMMENDATION A. POLICY • Section 100.07 is an ordinance section that references Minnesota Statutes and Rules. These Statutes and Rules should be the most current and therefore, readopted periodically. B. CRITICAL ISSUES .:0811 statute • There is no critical time issue, but the amendment should be made as soon as possible to reflect the most current law. • First reading was held on July 28, 2009. C. FINANCIAL • There is no financial impact associated with this change. D. LEGAL • Amendment to Section 100.07 will keep the City ordinance in accordance with State law. IV. .ALTERNATIVE RECOMMENDATION~S~ • Do not approve the ordinance amendment and take no further action. • Defer discussion to another date. V. ATTACHMENTS • Proposed City Administrative Ordinance Code. . VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. l~-/ BILL NO. AMENDMENT TO SECTION 100.07 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: I Section 1. Subsection 100.07 of the ordinance code of the City of Richfield entitled I, "Official statutes, codes, regulations, and ordinances" is hereby amended: 100.07. Official statutes. codes. regulations. and ordinances. References in this code to Minnesota Statutes are to Minnesota Statutes 20028, Minnesota Statutes, 20029 Supplement and Laws of Minnesota 20029, unless otherwise provided in this code. References in this code to rules and regulations of state agencies, codes, and ordinances of other municipalities are to those documents in effect on ~~n~ ~~t ~ . ~4DZJuly 1, 2009 unless otherwise provided in this code. Section 2. 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 11th day of August, 2009. i Debbie Goettel, Mayor ATTEST: .Nancy Gibbs, City Clerk AGENDA SECTION: pron. Ordinances AGENDA ITEM # 11 REPORT # 166 STAFF REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR pFj` REVIEW: /G ATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading and approval of an ordinance amendment to the pawnbroker code, subsection 1187.43, which relates to the age that a customer must be to engage in pawning an item at a pawnbroker's establishment. I. RECOMMENDED ACTION: By Motion: Second reading and approval of an ordinance amendment to the pawnbroker code, subsection 1187.43, that relates to the age that a customer must be to engage in pawning an item at a pawnbroker's establishment. II. BACKGROUND City staff was contacted earlier this year by an attorney representing a Richfield pawnbroker establishment about the possibility of changing the age contained in the City's ordinance at which a customer could engage in a transaction with the establishment from 21 to 18. The Public Safety Department and the City Attorney's office reviewed the request and neither was opposed to making the change in the age. As a courtesy, staff contacted the remaining licensed pawnbroker establishments in the City to make them aware of a possible change in the age limit indicated, and they were also very supportive of a decrease in the age from 21 to 18. 0811 Second Reading of Ordinance Amendment Setting Age for Pawn Shop Customers First reading occurred at the City Council meeting of July 14, 2009 and is being presented at this time for second reading and approval of the ordinance amendment. At the time that the first reading occurred, staff believed a public _ hearing would also be necessary at the second reading. After a discussion with the City Attorney's office, it was determined that is not the case and a public hearing is not required. III. BASIS OF RECOMMENDATION (A. POLICY • The Public Safety Department has reviewed the request and has no opposition to the amendment. B. CRITICAL ISSUES " • None C. FINANCIAL • None D. LEGAL ~ " • The City Attorney's office has reviewed the request and has no opposition to the amendment. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide not to approve an amendment to the ordinance reducing the age that a customer could engage in a pawnbroker establishment transaction from 21 to 18, which would mean that all transactions could only occur with those clients who are ages 21 and up. V. ATTACHMENTS l • Amended City ordinance 1187.43 VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Possibly, an attorney representing one of the licensed pawnbroker establishments in the City. ' II I CITY OF RICHFIELD BILL NO. AN ORDINANCE RELATING TO PAWNBROKER ~I, ESTABLISHMENTS; CHANGING THE AGE LIMIT FOR PAWN TRANSACTIONS FROM 21 TO 18 YEARS OF AGE; AMENDING SUBSECTION 1187.43 (A) OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: I .Section 1. Subsection 1187.43, paragraph (a) of the Richfield City Code is amended ~I, to read as follows: (a) No person under the age of ~1- 18 years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any j, goods from a person under the age of X1-18 years. Sec. 2. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 11th day of August, I, 2009. Debbie Goettel, Mayor ~I ATTEST: i Nancy Gibbs, City Clerk II I i Resolution and AGENDA SECTION: P~o~ _ prdi Hance AGENDA ITEM # ~ 9 REPORT # 1 Fi7 STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ _ SIGNATURE REVIEWED BY CITY ~ ` MANAGER: ITEM FOR COUNCIL CONSIDERATION: 1. Consider changing the Comprehensive Plan designation of 301 77th Street W (vacant Candelwood parcel) from Regional Commercial/Office to High Density Residential and changing the designation of the south half of 7700 Pillsbury Ave (former City Garage) from High Density Residential to Medium-High Density Residential 2. First reading of an ordinance rezoning of 301 77th Street W from Mixed Use-Regional to Mixed Use-Community. I. RECOMMENDED ACTION: By Motion: 1. Approve a resolution amending the City's Comprehensive Plan at 301 77th Street West from Regional Commercial/Office to High Density Residential and the south portion of 7700 Pillsbury Avenue South from High Density Residential to Medium-High Density Residential; and 2. Conduct a first reading of an ordinance amending- Appendix 1 of the City Code by rezoning 301 77th Street West from Mixed Use - Regional to Mixed Use -Community. II. BACKGROUND .Accessible Space Inc., (ASI) and Twin City Christian Homes (TCCH) are proposing the development of two housing projects. Richfield Station West is an accessible, affordable 51-unit housing project for low-income (50% area median income or 081109 -Rezone CP Amend 301 77th & 7700 Pillsbury below) seniors age 62 and older. The project is proposed to be located on the 1.13 acre site at 301 77th Street W, also known as the vacant Candelwood .Parcel. The site was purchased by the Housing and Redevelopment Authority (HRA) in 1998 and has been vacant since that time. Richfield Station East. is a proposed 15-unit project for persons with physical disabilities and incomes at or below 50% of the area median income (AMI). The project will allow those adults that are 18 and older the opportunity to live and work independently in the community.. The proposed site for the 15-unit housing project is the 0.94 acre south half of the former Richfield Public Works Maintenance. ..Facility.. ASi is a national nonprofit organization headquartered in St. Paul that has provided. accessible, affordable housing, assisted/supportive living and rehabilitation services to low-income adults with physical disabilities and seniors formore than 30 years. To date ASi has 101 buildings in 27 states, with nearly 40 of those located in Minnesota. TCCH has been developing and managing senior living communities throughout the Twin Cities for more than 25 years. Currently TCCH owns and operates the 161- unit Mainstreet Village senior housing development in Richfield. ASi will act as the .developer and TCCH will be the property management agent for the proposed housing projects. In 2005 the City of Richfield completed a .corridor study for the properties on 1-494 .between Cedar Avenue and I-35W. The final 1-494 Plan (Plan) envisioned the area as a complete community that is compact, walkable and transit-friendly. In-order to achieve this, the plan recommends areas. of higher density residential and commercial development to be interspersed throughout the corridor, allowing for a mutually beneficial relationship. The request from ASi to amend the Comprehensive Plan designation from Regional Commercial/Office to High Density Residential at 301 77th Street W (vacant Candelwood parcel) is consistent with the goals of the Plan, as it was intended to be somewhat fluid and allow fora mix of uses that will create the compact, .walkable community envisioned. The proposed residential developments support this vision. Senior residents will have access to convenient public transportation, shop at the nearby retailers and be able to utilize the services offered at the nearby TCCH Mainstreet Village facility. For similar reasons, the proposed change at 7700 Pillsbury Avenue (south half of former City Garage site) is consistent with the I-494 Plan. ASi proposes a change in Comprehensive Plan designation from High Density Residential to Medium-High Density Residential for the 15-unit project that will serve persons with physical disabilities. Under the current Comprehensive Plan designation of High Density Residential, the parcel at 7700 Pillsbury would need to be combined with another. parcel in order to accommodate the density requirements. This would be difficult given that 7700 Pillsbury is land-locked to the north by 77th Street, to the east by Pillsbury Avenue, to the south by an existing business and to the west by railroad tracks. A change in designation to Medium-High. Density Residential accommodates the proposed 15-unit townhome development, allows development .without combination with another parcel and maintains the integrity of the I-494 .Plan. The rezoning of 301. 77th Street (vacant Candlewood parcel) from Mixed Use - Regional to Mixed Use -Community would be consistent with the proposed n o ra in a mix of services amendment to the Comprehensive Plan, while still e c u g g that support the surrounding community and allowing. for high density housing to create mass. III. .BASIS OF RECOMMENDATION A. POLICY • The Metropolitan Council must review all amendments to the Comprehensive Plan. • The State requires that Zoning Codes and Comprehensive Plans be consistent. The proposed amendments will ensure that there are no inconsistencies for the proposed housing projects. B. CRITICAL ISSUES • A public hearing was held before the Planning Commission. on July 27, 2009. No one spoke at the hearing. • The Planning Commission recommended approval of the amendments (6-3; Dissenting: Jabs, Peloquin, Rublein). • Concerns of the dissenting members involved a potential. lack of :green space for the residential units, pedestrian safety, consistency with the -494 Plan and a feeling of inadequate time to review the proposal • It is not anticipated that the Metropolitan Council will have any concerns regarding the proposed changes. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on July 27 2009. • Mailed notice was. sent to all property owners and residents within 350. feet of the properties. • If approved at the August 11th meeting, Comprehensive Plan amendments will be sent to the Metropolitan Council for review. • A second reading of the ordinance rezoning the vacant Candelwood parcel (301 77th Street W) is scheduled for September 8, 2009. • If the second reading is approved, the ordinance will take effect 30 days following publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS bmit li ants will be re uired to su If the ro'ect moves forward the a c P 1 pp q site plans for review by staff, the Planning Commission and the City Council Environmental considerations will be addressed at that time. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may approve the changes in designation for one parcel and not the other. • Deny the proposed amendments. V. ATTACHMENTS • Resolution • Ordinance • Map -land use • Map -zoning • Map -comprehensive plan VL PRINCIPAL PARTIES EXPECTED AT MEETING • Dan Billmark, ASi I E LUTION NO. R SO RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN AT 301 77TH STREET WEST FROM REGIONAL COMMERCIAL /OFFICE TO HIGH DENSITY RESIDENTIAL AND FOR THE SOUTHERN PORTION OF OF 7700 PILLSBURY AVENUE SOUTH FROM HIGH DENSITY RESIDENTIAL TO MEDIUM-HIGH DENSITY RESIDENTIAL WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing particular planning needs for specific segments of the City;. and WHEREAS, the Comprehensive Plan designates 301 77th Street West as "Regional. Commercial /Office" and the southern portion of 7700 Pillsbury Avenue South as "High Density Residential"; and WHEREAS, the City has reviewed the.Guide Plan classification and determined that it would be appropriate to designate 301 77th Street West as "High Density .Residential" and the southern portion of 7700 Pillsbury Avenue South as "Medium-High Density Residential;" and WHEREAS, the Planning Commission conducted a public hearing on July 27, 2009 concerning modifying the Guide Plan and recommended approval of the modifications; and WHEREAS, the City Council considered the amendment on August 11, 2009; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City's Comprehensive Plan is hereby amended to designate 301 77th Street West as "High Density Residential" and the southern portion of 7700 Pillsbury Avenue South as "Medium-High Density Residential," contingent upon .the following: 1. The revision is submitted to and approved by the Metropolitan Council Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August 2009. Debbie Goettel, Mayor ATTEST:. Nancy Gibbs, City Clerk j~~~ ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY. CODE BY REZONING 301: 77TH STREET .WEST FROM MIXED-USE REGIONAL TO MIXED-USE COMMUNITY THE CITY OF RICHFIELD DOES ORDAfN: Section 1. Paragraph (2) of Section 1 Z of Appendix 1 of the Richfield City Code is ` amended to read. as follows: (2) M-16 (SW of 77th and Soo Line Railway) Tha+ srEa baby a-4~4-~n *.he--se~th, ??th Stree~3n the~sr*h, +.h° ^°^+~rlin~-ef ~'rand~er~e-sn the-west, a:~d ~5 feet-wsc, of t~e~~tera„~cf the c,,,, ~ Q,;~,.,,., r;ryh+_.,f_,.,", +r,° °~~+.Lot 2. Block 1. Candlewood Hotel Addition. Sec. 2: Section 17 of Appendix 1 of .thee Richfield City Code. is amended by addinga new Paragraph (15) to read as follows: (15) M-16 (SW of 77th and Soo Line Railway)- Lot 1, Block 1, Candlewood Hotel Addition. Sec. 3. This Ordinance is effective- in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~ 301 77th St W & 7700 Plllsbu Ave south hal ~ rY ( ~ Current Land Use i RES RES APT RES RES I COM j RES RES APT RES RES RES RES APT RES RR RES RES APT RES PUB RES RES APT RES ~ RES RES APT RES I i 77TH STREET WEST 301 77th St W 7700 Pillsbury Ave COM COM PUB ~ z Q COM ~ COM m J COM a COM RR COM COM COM N ~ RES -Residential i 0 45 90 180 270 360eet APT -Apartment COM -Commercial PUB -Public RR -Railroad I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\301 77th - 7700 Pillsbury - LU.mxd ~a-~ 0177h W 7 3 t St & 700 Pillsbu Ave south hal rY ( ~ Compre~ensive ' an designations LDR LDR MHD MHD LDR MHD LDR LDR MHD MHD LDR LDR LDR MHD LDR ~ PRK LDR LDR MHD LDR MHD LDR LDR MHD LDR LDR LDR MHD LDR 77TH STREET WEST ~ 301 77th St W 7700 Pillsbury Ave HDR i Existing: RCO Existing: HDR Proposed: HDR Proposed: MHD HDR - w w HDR ' ~ a HDR ~ } RCO ~ PRK m cn J J = HDR a RCO HDR . i - N LDR -Low Density Residential 0 45 90 180 270 360 MHD -Medium High Density Residential Feet HDR -High Density Residential RCO -Regional Commercial Office PRK -Park ~ I:\GIS\Community Development\Staff\Melissa\Projects\Zoning Cases\301 77th - 7700 Pillsbury - CP.mx ~ I I'~ P 301 77th St W & 77 Pill 00 sbu Ave south hal ~ ~ ~ I Zonin Desi nations g g I R R M R-2 I R II, I I R R MR-2 I R I R R MR-2 R R R R M R-2 R i MU-N R R M R-2 R R R M R-2 R I' I 77TH STREET WEST i i 301 77th St W 7700 Pillsbury Ave MU-N Existing: MU-R MU-N Proposed: MU-C MU-N i w j z MU-N w Q MU-N MU-R R m II J MU-N a MU-R MU-N N I 0 45 90 180 270 360 R -Single Family Residential Feet MR-2 -Multi Family Residential MU-R -Mixed Use Regional MU-C -Mixed Use Community MU-N -Mixed Use Neighborhood I:\GIS\Community Develooment\StafflMelissa\Proiects\Zonina Cases\301 77th - 7700 Pillsbury - Z I- Industrial AGENDA SECTION:. Prop.. Ordinance AGENDA ITEM # 13 REPORT # 168 STAr~r~ REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: CHRISTINE COSTELLO, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY. ~ ~ MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading of a Transitory Ordinance authorizing the sale of real property at 7700 Pillsbury Avenue (south portion only) and schedule a second reading for September 8, 2009. I. RECOMMENDED ACTION: By Motion: Approve first reading of the attached Transitory Ordinance authorizing the sale of real property at 7700 Pillsbury Avenue (south portion only) and schedule a second reading for September 8, 2009. IL BACKGROUND Accessible Space Inc. (ASi) and Twin City Christian Homes (TCCH) have proposed a 15-unit project for persons with physical disabilities with incomes at or below 50% of the area median income (AM1) for the former south half of the City of Richfield Garage site. The project will. allow adult residents age 18 and older the opportunity to live and work independently in the community. On July 28, 2009 the City Council considered and approved an Option Agreement with ASi for the purchase of the south portion of 7700 Pillsbury Avenue at a reduced price. The Option Agreement calls for ASi to pay the City $225,000 upfront. With the establishment of a Housing Tax Increment Financing (TIF) District the City will receive an estimated $350,000 (NPV) over the next 25 years funds from.TlF that will allow the City to obtain additional revenue for the property. 081109 - 1St Rdg Trans`Ord for sale of 7700 Pillsbury south only.doc ~ III. BASIS. OF RECOMMENDATION ~ A. POLICY ~ • The first reading of a Transitory Ordinance in accordance with. the City Charter is the initialstep in conveying City-owned land. • The Planning Commission; in a vote of 7-2, approved that the sale of the property is consistent with the goals of the Comprehensive Plan at their July 27, 2009 meeting. B. CRITICAL ISSUES • Undertaking the first reading of a Transitory. Ordinance at this time will allow the Transitory Ordinance process to be completed by the end of September 2009 and.. allow the developer, ASi to maintain `its desired project schedule. C. FINANCIAL The value of the south .portion of the former City. Garage site was estimated by staff as $575,000 in today's market (based on a 2005 appraisal and 2005 assessors "shadow" valuation). • Given the current development market, it is unlikely the City would. be able to sell the parcel for that amount. Therefore, the City and HRA are contemplating the creation of Housing TIF Districts for the two proposed development sites. • .Creating the Housing TIF Districts, the City is able to sell the south portion of the parcel to ASi for $225,000 and recoup the remaining $350,000 through tax increment over the next 25 years. • In addition to the TIF, the new development would also pay new "base" taxes to the City, County, and School District, all of which the site has not been generating due to its exempt status as a City-owned property. D. LEGAL • The second reading of the Transitory Ordinance is proposed to be held on September 8, 2009. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Delay first reading of the Transitory Ordinance. • Do not proceed with the Transitory Ordinance process at this time. V. ATTACHMENTS • Transitory Ordinance Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dan Billmark, ASi i3--1 TRANSITORY ORDINANCE NO. AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE SALE, TRANSFER OR OTHER DISPOSITION AND CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED IN THE CITY OF RICHFIELD, COUNTY OF HENNEPIN, STATE OF MINNESOTA The City of Richfield Does Ordain: Section 1. The real: property described in Exhibit A in the City of Richfield, County of Hennepin, State of Minnesota, is hereby authorized to be sold, transferred or otherwise disposed of and conveyed by the City to Accessible Space Inc., (ASi) or such other entity or person as may be designated by ASi and approved by the City Manager. Section 2. The Mayor and City Manager are hereby authorized to take all action as is required to sell, transfer, or otherwise dispose of and convey the real property described in the foregoing Section 1, including, by way of illustration and not limitation, the execution of all documents, purchase agreements, deeds of conveyance, and other instruments connected with such sale, transfer or disposition and conveyance. Section 3. The City Clerk is authorized to make corrections to the legal description in the attached Exhibit A as required by the Office of the Hennepin County Registrar of Titles in order to permit recording of the deed of conveyance. Passed this day of September 2009 by the Richfield City Council Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~~^a EXHIBIT A Lot 6, ;Block 4, R.C. Soens Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County,. Minnesota. /,~-.3 Sale of 301 West 77th Street (south portion only) .3 ~ - ~ ~ f. j _ j ~ ~ ~ t F 3 i - - - ~'T - - I by ~ ~ - s :y'a'w f ~ m I -:?r~-i~-^. _ stu+.~i ~~tdu~a~ ~ '..a~n~...iil r iP srir::~~ a+~. ~.ra1 s t ~ -4 Z' _ ~ ~ ~ F" ` , J. , 'i"ii' ~ ~ ~ FF 1 \R ~ L . is Y•~L JL.' W. w. . Rt ~ ' f~R?~!iiM~ - + ~ ~C ,s. ,.t,- ~.o:~:}.5~'t~71•Pf.; ~ .:+1'i$s'b„ } ~ ~.:.r .S'am' ~ ~ - r . ..~..~.~~..r....r _ _ - fi 7 o:a... Ki i~ ~ 0 45 90 180 270 360 Feet i - - AGENDA SECTION: R0S0111t10IIS AGENDA ITEM # 1~F REPORT. # 169 STAFF REPORT ~ CITY COUNCIL MEETING ..AUGUST 11, 2009 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER NANre, TITLE DEPARTMENT DIRECTOR \ ~i, REVIEW: IGNATURE REVIEWED BY CITY MANAGER: _ _ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution subdividin the former Cit Maintenance Facilit ro ert at 7700 g Y YP p Y Pillsbury Avenue into two separate tax parcels (parcel north of 77th Street and parcel south of 77th Street). I. RECOMMENDED ACTION: By Motion: Approve the attached. resolution granting a subdivision waiver for 7700 Pillsbury Avenue. II. BACKGROUND The property addressed 7700 Pillsbury Avenue (site of the former City Maintenance Facility) is bisected by 77th Street West. It is difficult to imagine a scenario that would allow the site to be developed as a single project given that afour-lane road divides it. Division of the property into two separate tax parcels would allow the redevelopment of the portion north of 77th Street and the portion south of 77th Street independent of one another. Staff is recommending that.the property be divided regardless of the outcome of the current development proposal on the site. III. BASIS OF RECOMMENDATION 1 081109 - 7700 Pillsbury Subd Waiver A. POLICY • Ln cases in which compliance with the City's platting requirements, .result in unnecessary hardship and when failure to comply with said requirements does not interfere with the purpose and intent of the regulations, the Council may adopt a resolution authorizing a waiver- from the subdivision requirements. • Both lots will conform to zoning- requirements. B. CRITICAL ISSUES • 1t would be virtually impossible to develop this parcel as a single development given that it is divided by a four-lane road.. C, FINANCIAL • Subdivision of the lot will create two separate tax parcels that could be sold off individually.. D. LEGAL . No legal notice is required. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution • Map -Current land uses • Survey -north. of 77th Street • Survey -south of 77th Street - VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A i I ~ --1 RESOLUTION: NO. RESOLUTION AUTHORIZING A SUBDIVISION.WAIVER :FOR 7700 PILLSBURY AVENUE .WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 7700 .Pillsbury Avenue, legally described.as: .Parcel A: Lot 3, except the north 75.00 feet thereof, all of Lots 4, 5, and 6; Block 4; R.C. Soens Addition,. according to the recorded plat thereof on file or of record in the office o f the Registrar of Titles, Hennepin County, Minnesota. WHEREAS; the applicanf proposes to divide the above-described Parcel A into two parcels, legally described. as: Parcel One: Lot 3, except the .north 75.00 feet thereof,, all of Lots, 4 and 5 , .Block 4, R.C. Soens Addition, according to the recorded plat thereof on file or of record in the office o f the Registrar of Titles; Hennepin County, Minnesota. Parcel Two: Lot 6, Block 4, R.C. Soens Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minnesota.. WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply .therewith will not interfere with the purposes of the platting regulations. of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council`of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted; 2. City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution; Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August, 2009: Debbie Goettel; Mayor ATTEST: Nancy Gibbs, City Clerk. i '14-c2 7700 Plllsbu Ave -Subd Waiver 8/09 Current Land Use i RES RES APT RES RES j COM RES RES APT RES RES i RES RES APT RES RR ~ RES RES APT RES i RES RES APT RES i I RES RES APT RES 77TH STREET WEST I i i COM w COM z COM ~ COM I m J COM a COM RR COM r COM COM _ ; i N i RES -Residential 0 45 90 180 270 360 Feet APT -Apartment COM -Commercial PUB -Public RR -Railroad I:\GIS\Community Development\StafflMelissa\Projects\Zoning Cases\7700 Pillsbury Subd Waiver - LU.mxd i 3EWCNVAN4 0:H s NSWVFY IXt ze •.LN~+ . ra v ::J SURlET 1F',: _ } B6 5 i > w. ~ w v.0 .nf st.e i . it~t: as S.t+~ e .rx a m r e s r k>e n w e-r n ~1 re ap'er vo- ea Fwn nai is s ~lya [..so[xs a o tib.• eEi9seM! ewm va o~ae a~ao ..u- fo tm.. etrex ' vav ]i ra ?a rmprrcewwar rts. eiwa, s.A<~SVas uml pw.suvs enliw. JI ' B.Y. 1 P{LLSBMY AVE. 5. ra am:ax.w:cwuc xa .u- ~C ND a m R.u _ ~R e.u. r C• ICI I~ ~ ~.I V ,.r row . y "T~ u 'in. , ,Ip ar~. ~ x. . nulce~ a I RRCtI v.R ~ I , R ' i4r. I g ` I . { _ r ~ ~ tl :Ea m:. a,EO ,:.,a,,,. ~ ,y < A ~.c: ~ I R ~ ~ li I.. we ~I ~ ~ 8 I ~i ~an puce I ~ A .s~'.l'o°tla E I I 1 ~ Y ~ vI.P~MV I ~ y E I u ~ i e:rvx:xw I~we i M M ~ _ ummbaow csfxm:c 'I a Yi p u _ f ~ V 8 ~ ,mx TRCLs i ~ ~ ~x,~~`~'~{n = :u ~c cvn~ r. I r~neee ~ Y ~ I, .R~EL ~ i .......1a ~ ~T. ~ I- ~y ~ ssatr _ _ T e . x y.,. s[c v 594.33 RCS ' r• ~OD~INE'NP COAPan~ ^ : a: II ~I J { , ^tits ~ ~6 LTl7<w BEARING NOTE: BENCHMARK(B:M.): 1. ELEV. 840.68 FEET INCYD-19291 SURVEY F.OR.CITY DF RICHFIELD COMAIN[TY DEVEIOPYENT BEARING W THIS SURVEY ARE Ofl TENTED TO THE TOP NU7 HYDRANT NW WAD 76TH 6700 PORTLAND AVENUE SOUTH ' HENNEPIN CWNTY COORDINATE STSTEM MHERE THE RICHFIELD. '/sl 55423 WEST LINE DF TXE SEI.~ - SXI.~ . SEC. 34. T. 28. ST. 6 PILLSBURY AVE. R. 24. BEARS NO.O6't4'E. 2. ELEV 849.86 FEET INGVD-1929) ' TOP WT HYDRANT NX WAO 77TH SURVEY OFz ST. 6 PILLSBURY AYE. UTILITY NOTEz UTILITIES SHOWN 0.RE FROIA VISIBLE SURFACE MARKS 3. ELEV. 849.17 FEET INCVD-19291 Loi6._Black 4.R.C. 50ENS ADDITION.. coaardirq to the plat thereof. an file and AND FROMDRAWINGS PROVIDED BY OPERATdiS AS TOP NU7 HYDRANT SE WAD 777Nof rewrtl In the offlee the Regieiror of Titles. XAmepin County.Yinneaoto. PROYI DED BY STATE STATUTE AND EVIDENCED BY ST. A PILLSBURY AVE. TICKET ND. 521400 OII NOV. O4. 7997. SNOMN FOR REFERENCE ONLY ITDrran6 Cerllfloote No. 3541751 BEFORE E%~CAVATINDTE DNE CALL AT 454-0002 Lot 3. azoepi the rarth 75.00 fieai thereof. cll of Lots 1.5 Dlzl 6. 81 ook 4. R.C. SOENS ADDITION. acartlin0 to the recortletl Dlot ihsra0f an file ar of recartl In the office of the FLOOD NOTE: ~ NOTES: ReDietrar of Ttile6. Xerrlepin caniy Mi mesotD. PROPERTY 19 LOCATED XI TX IN LONE C OEF INED THERE ARE NO VISIBLE ENCflOACXlENTS FROM BY THE FEDERAL EMERCENCY'WNACEMENT AGENCY OR ON SA10 PROPERTY. BY LETTER DATED 0.UG• 16. 1981. ' TOTAL AREA = 57.'600 S0. FT. ESMT. AREA = 16,b97 SO_ FT. ~ NET AREA = 40.903 SO-. FS. L'EGfMD ' fl 9 ~ ad' i DENOTES IRON MONUMENT Fp1ND ' ~ FOR REMAINDER OF PARCEL PER TORflENS ~~M, 2 ` ~ O DENOTS IRON MONUMENT SET CERTIFICATE N0. 354775. ¢ CAPPED R.L.S. N0. 71794 I SEE SURVEY BY OSM. D/~TED 12/17/97. .N I 50 i I ~ ~ ~ I~ / I 11 .DENOTES CXISLED IN CONCRETE • Nn: I `-..846 , ` / I/ ~ ~ 0 'CATCH BASTN iv l 1 m l 6'~LLK I 1 6'WAL% l p~l-4F NHO'LY'o+o - l'! aI~ ~ _~r ~ - ~ SANITARY tMNNOLE 6 SEMER i , ~ `-Lrc".em 1 I STORY WWIOLE 8 SEWER ~ ir_ _ ~ ~ f ` _ N89~5336 ~ 273.5 M - 1 - RTA7ERMA[N y I ' 273..70 RCS m 4 HYDRANT --N. LINE LOT 6 f ~ NANDNOLE STREET EASEAENT PER s 1 i ,f DECLARATION FILED AS , _ 77TH STREET DOG. N0. b064995 ------I 70 p ELECTRIC .BOX ~ S. LINE N. 60.00 FEET LOT 6'--- ~ - . 1 1° ' na ~ Lf6MTPWE i ` e MA, X47 8 WM ~i~ _ _ _ _ _ L - 1 I 1 2-AC SA 16'CA. W2Y~ 1I ~r1111 E ee~e ~,--I[ B.M. 3 FFb FLAGPOLE 1c. fl ~ r Sipl 0 30 60 ri~- DECORATIVE YARD LICXT eLn i.. .e F POYER :POLE SID --'d~eACro H. 3_ 2'~ - ~ SCALE IN FEET ~ ~ 7-B 8618 BITUMINOUS SURFACE ° N 1 4UY WIRE ~2' N ~ BLOCK 4 _ _ .o ® RAILROAD SIGN m _ w ¢ W RAIROAD MACKS ~ ,E 7 STORY BRICK ~ N ~ oy~ ~ ~ BUILDING . oR ; = H Q pGP GUARD POST r ~ ~ "FLEL4NBA""' , \ _ NO FENCE . I ~ 6.. .qa ~ ~ ~P71 LOT 6 ~ ~coXC ~0.LK' ° ~-1 , o m -0E- OVERHEAD ELECTRIC aCy lQ~~, 6 ~ j ' ~~~11~ / N J -eE-DNDERCROIIND ELECTRit .0 4 m1 d. S:J DECIDUOU9 TREES ~ ~ I(1' ro CONIFERWS TREES J o ~ ='I I, BITUMINWS SURFACE CWC ~I FY :O Y I t y~ i1~_` I CA -CONCRETE APNW y ~ II' ~ I 20' ^.IG',- /i 7' CONTWR 8616 6'xF~. s ((W /l \m.. ! r r 5' CONTWR '~9 L M = 1EASURED 0[STANCE I' -.-19DILDING 589.53'28"W BUIIDIND A'=T'~y ~ 273.48 M 6'CYCLONE RCS 1-, =PLAT DISTANCE PER 'R. C. SOENS 0.0D1TION' 273.62 RCS ~ 50 I 7 - ~CBR r try r~ATB d 3URYEY ~ tlL7MT ' nw~K "ate ~ I I AGENDA SECTION: Resolutions ~ AGENDA ITEM # 15 REPORT # 170 STAFF REPORT CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: MELISSAPOEHLMAN, CITY PLANNER NAME, Tires DEPARTMENT DIRECTOR ~ REVIEW: NATURE REVIEWED BY CITY ~ MANAGER: J ITEM FOR COUNCIL CONSIDERATION: Consider an amendment to the planned unit development, final development plan and conditional use permit to allow the conversion of approximately 10,000 square feet of retail • _ space into 12 additional residential units at Market Plaza/Village Shores. _ J I. RECOMMENDED ACTION: By Motion: Approve an amendment to the planned unit development, final development plan and conditional use permit to allow the conversion of retail space into 12 additional residential units at 700 66th Street East and 6501 Woodlake Drive. III. BACKGROUND This past spring Snyder's Drug Store located within the Market Plaza Shopping Center closed. The owners of the first floor commercial space and the Village Shores Senior Apartment above are proposing to convert approximately 10,-000 square feet of the space left vacant by Snyder's into 12 residential "memory care" I units to serve persons with Alzheimer's, dementia, etc. The 10,000 square feet proposed for remodeling was formerly Snyder's warehouse space. The former Snyder's retail area will remain as available retail space. There are currently 166 residential units in the Village Shores Senior Apartments complex. The proposal will bring this tofal to -178 units. Access to the new units will be through the existing Village Shores entryway along 65th Street. The residential. portion of the first floor will be separated from the retail spaces by a service corridor. 081109.- APUD Market Plaza Village Shores An additional fireexit may be added through the existing loading dock. This will be worked out with the Building Official and Fire Chief during the review of final .building/engineering plans. TII. BASIS OF RECOMMENDATION A. PoI,ICY More than"a five pereenf change in the number of residential units in an approved planned unit development (PUD) constitutes a major amendment and shall be considered by the I'Ianning Commission and City Council. The following findings are necessary for approval of a PUD amendment (Section. 542.09, Subd. 3): a) The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. This requirement is met. The Comprehensive. Plan designates this area as Mixed Use. . b) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. This requirement does not apply. No site changes are proposed. c) The proposed development is in substantial conformance with the purpose and- intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. This requirement is met. The guiding district Is Multi-Family Residential. d) The development will not create an excessive burden on parks, schools or other public facilities and utilities that serve or are proposed to serve the development. This requirement is mef. e) The development will not have undue adverse impacts on neighboring properties. This requirement is met. Proposed changes to the building exterior are minor (additional windows) and no site changes are proposed. Parking is sufficient to accommodate 11 additional employees and the additional residents, although occupants of "memory care" units are generally no longer able to drive. f) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. No additional terms or conditions are necessary. B. CRITICAL ISSUES. • Minimal changes to the building. exterior will occur. • No site changes are proposed. • Parking exceeds requirements for both the retail and residential portions of the development. C. FINANCIAL • The required application fee has been paid. D. LEGAL • A public hearing was held before the Planning Commission on July 27, 2009. No comments were made. • The Planning Commission voted 8-1 (dissenting - Rublein) to recommend, approval of the amendment. E, ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested amendment with a finding that the requirements listed above are not met. V. ATTACHMENTS Resolution • Site plan Draft interior plans • Area zoning and land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Peter Pfister, Architect .RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO THE. PLANNED UNIT DEVELOPMENT, FINAL DEVELOPMENT PLAN .AND CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF RETAIL SPACE TO 12 ADDITIONAL RESIDENTIAL UNITS AT 700 66TH STREET WEST AND 6501 WOODLAKE DRIVE :WHEREAS; an application has been filed with the City of Richfield which requests an amendment to he planned unit development, final development plan and conditional use permit to-allow conversion of approximately 10,000 square feet of retail space- into 12 residential units on land generally located at 70066th Street West and 6501 Woodlake Drive, legally described in the attached Exhibit A and Exhibit B; and WHEREAS; the Planning Commission of the City of Richfield recommended.. approval of the requested amendment at 700 66th Street West and 6501 Woodlake Drive at its July 27, 2009 meeting, and WHEREAS, this requested amendment at 700 66th Street West and 6501 Woodlake Drive meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd.3; and WHEREAS, the City has fully considered the request for approval of the amended planned unit development, final development plan and conditional. use permit... NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota,.as follows: 1. An amended planned unit development, final developmenf plan and conditional use permit is issued to allow conversion of approximately 10,000 square fee# of retail space into 12 residential units, as described in City Council Letter fVo. on the Subject Property legally described above. 2. This amended planned unit development, final development plan and conditional use permit at 700 66th Street West and 6501 Woodlake Drive is subject to the following condition: • That the recipient of this amended planned unit development, final development plan and conditional use permit record this resolution with the County, pursuant to Minnesota Statutes. Section 462.36, Subdivision 1 and Richfield Zoning. Code 546.05, Subdivision 7. 3. The planned unit development, final development plan and conditional use permit shall remain. in effect for so long as conditions regulating it are observed, and shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the `Zoning Ordinance, Section 547.09; Subdivision 9. ~I ~ ~-a Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August, 2009. Debbie Goetfel, Mayor ATTEST: Nancy Gibbs, City Clerk i 5 'I EXHIBIT A Parcel 1: Tracts B, C, D and E, Registered Land Survey No. 1.634, Files of Registrar of Titles, County of Hennepin. Parcel 2: Tracts A, C, E and G, .Registered Land Survey No. 1635,' Files of Registrar of Titles, County of Hennepin. -The boundaries of said Survey have been judicially determined and marked by Judicial Landmarks set pursuant to Torrens Case Nos. 10017 and 17641. .Together with all.easements., restrictions, covenants, charges and liens contained in that certain Declaration of Easements, Covenants and. Restrictions dated August 1, 1.985, filed of record in the Office of the County Recorder, .Hennepin. County,. Minnesota,. on October 17; 1985, as Document No. 5043157. Together with all rights and easements contained in that certain Ingress and Egress .Easement dated September 25, 1985, filed of record in the office of the Registrar of Titles, Hennepin County, Minnesota, on February 19, 1986', as Document No. 1705297. Parcel 3: Tracts B and C, Registered Land Survey No. 1679, Files of Registrar of Titles, County of Hennepin, together with easement for pedestrian access as contained in Easement filed of record August 19, 1996, as Document No. 2734832. ~I I I EXHIBIT B Parcel 1: Tracts B and F, Registered Land Survey No. 1635, Files of Registrar of Titles, County of Hennepin. (Certificate No. 774824) I Parcel 2: Tract A, Registered Land Survey No. 1679,_ Files of Registrar of Titles,` County of Hennepin. (Certificate No. 842449) I Together will all easements, restrictions, covenants, charges and- liens contained in Declaration of Easements; Covenants and Restrictions dated li August 1, 2985, filed of record October 17, 1985, as Document No. 5043157 i (A) and filed of record April 20, 1992, as Document No. 2253717 (T). Together with all rights- and easements contained in Pedestrian Ingress and Egress Easement Agreement dated August 1, 1996, filed of record August i 19,.1996, as Document No. 2734832 (T). Together with. ail rights and easements as contained in Easement Agreement dated September 25, 2985, filed of record February 19, 1986, as I, I ill I 'I 'I y "ie .J--, ~ • b . gg ~ { ~ _ ..3 _ :ors w.,,~aN,t?^" ~w.,. ~ ~ ~.5; ~ , ` fit \ ~~~a ~ ~ a \ -tea v~ ?1~ ~,°A~ r ~ ~ a%y r ~r y«,~Y sy,++'~' - R' 1 . s4~t Y S1 ~ \ u` i ° /y- _v 5 ~f 1 - fem.`- _ l 4 1 t -r ~ ~ 1 ` y F .--.-,1~ 1 Il `v ~~g0ss~p ~ f rc d ~ ~ _ • l _ ~ ~ ~ v! - --.-r"` F 7,75. p5 a 150•, Fed~x nk 16..795-. r a X H -•O p ~ ~ti P~ N~e„ou ` 7os 009 A 15 .2602 1070 • l- 7o _ _ 24. 994 88 BP ~ Vacant ~ Vacant qua ~ .722 Z20 ~-~T16 -^-~-4--~-'-"` "r~~. ~ 'SER 780 ~ ` -a-•--`^ •--+.4.-;- ~r i ~ .r.--.-^ l~ Fj < 7, ~ J ~ a 444NNN ~ SppCE ~LpOR F'LAN~ Chain s r P A 79D e A ~ Tax Service of America ~,,,A~ 1~` E ~ St, Patrick's Guild ~ M . ~ / ~ ` p-Metropolitan pental t~ICH~IELD, , ~ • E _ vacant (former cleaners) a ~ F-pet Food Warehouse G -Fed Ex Kinkos H-ChamppsR staurante~s) ~j e Back Hallway Storag Viitage Shores Apartments TOTAL S$COKp FLOOR 74x456.01 f 1 ~ ,i 1 ~ ° 1 ~ f,~ ,.r 4 y n~ ~t ~ nor ~ / j ~ t ~i~ 1 ~ •F ~ ``y( czar ~Pw~~Msoss ha 1 ~ `.:~•Ef , 5 ! fem. ~~.,.7 ' ~ ~~~°9`s5t~4ri 1 ~ ~ t<~_- ~ y~t~'~I*` ~C ~ ~ ~t ~,If _i1/T~~ ~ lr~~`.ytil~~.. e~ h ( , 1 ~ f y ~ .Q1 ~ ~ ~ ~ 1 tt . ~ . r t ~ ~ ~ Y , ~ i ~6llhli} L Q Y ~ ~~s - s o~ ~~h ~?~f*^lrzlfb` 3 i~~ f ~ ~ ~ ~ ~ k -f~- _ r^ C t u x f i ~n;~- f S see ` ~Y,q'^..~~~~~, ~ I d~ 7 ~ 1 - ~ ~ ~'r~, ~ ~ ~ ~ yy11~~ F' S maw fL~wJ ~+np F J- ~ s ~ ~f~~ ...i ft ( ti a i ~ t_ z ~ p ~ ~ ~ ~ ¦ ~ ~ - , ~ / st ~ r s-9 700 66th St W - PUD Amendment 7/09 Surroundin Land Use g i i i COM COM , ~ ' APT O M O M I PRK COM COM APT s~~ ~ COM 65 L C M COM ~ D MXLND APT PRK \ ~ ~ 'I 66TH STREET W ~ ~ Q' I ~ 4~ ~ >2 ~ J COM APT - MXLND I I ~I LEGEND N APT -Multi-Family Residential I'i COM -Commercial MXLND - Mixerd-Use PRK -Park 0 90 180 360 540 720 ' Feet i /S-I© II 700 66th St W - PUD Amendment 7/09 I~I • Surrounding zoning i i~ ~ ~ COM COM ' I APT O M O M PRK COM II COM ~ s~. APT ` 6y~~s~~ COM ~ L C M COM D I I MXLND APT PRK i, C Jw II I 66TH STREET W cu ~ ~ az ~ COM APT - MXLND L ~ ~ LEGEND N R -Single-Family Residential MR-3 -High-Density Residential PMR -Planned Multi-Family Residential I, C-2 -General Commercial 0 90 180 360 540 720 ~ PC-2 -Planned General Commercial Feet AGENDA SECTION: Other Business AGENDA ITEM # j REPORT # j 7 j STAFF REPORT ~ .CITY COUNCIL MEETING AUGUST 11, 2009 KAREN BARYON, COMMUNITY REPORT PREPARED BY; DEVELOPMENT ASSISTANT DIRECTOR ^ NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ SIGNAT REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: ' Consideration of revised Cedar Point II Senior Housing Development proposal by Lang Nelson. I. RECOMMENDED ACTION: By Motion: Direct staff to draft a Development Agreement with Lang Nelson relating to the public financing provided by the City, construction of a portion of Richfield Parkway, and property acquisition for the development of senior assisted living housing in the Cedar Point II Housing development area, upon replenishment of the $5,000.00 escrow for administrative costs associated with the drafting of the development agreement and. a payment of 25% of the outstanding expenses incurred by the City to date. II. BACKGROUND In February of this year, the City Council directed staff to begin drafting a Development Agreement between the City and Lang Nelson (Developer) relating to the public financing provided by the City, road construction, and property acquisition for the proposed redevelopment of the Cedar Point Phase II Housing Area for the construction of approximately 221 senior housing units - 081109 Cedar Poinf II Revised Development Proposal In May, the Developer requested the drafting of the Development Agreement be postponed until they were able to secure financing for the proposed project The Developer has since been unable to secure adequate financing to proceed with the development as originally proposed. Additionally, the terms of the Fannie Mae Community Express Loan financing that was proposed as part of the prior development scenario have changed dramatically and appear to no longer be a viable option for this development. In light of these circumstances, the Developer presented a phased development alternative for the project area to the Richfield City Council at their July 14, 2009 worksession. The Council directed staff to work with the Developers to pursue the proposed phased development and report back to the Council at a future date. The Developers are currently proposing Phase 1 of the alternative project would consist of the construction of 75 assisted living units on the south block (bounded by 17th Avenue to the east, 16th Avenue to the west, 65th Street to the south, and 64th Street to the north) in the redevelopment area. Phase 2 would incorporate the development of market-rate senior rental units on the remaining block to the north at a future date. The key deal points for the'proposed phased project are as follows: Acauisition of Properties Under the phased project, the Developer would acquire all 16 homes on the south block and would then sell the City the right-of--way needed to construct Richfield Parkway in front of the project site. Construction and Land Acauisition for Richfield Parkwav between 64th and 65th Streets The City will issue approximately $1,100,000* in 429 Special Assessment Bonds. a. $590,000 of the bond proceeds will be used for construction and storm-water costs of Richfield Parkway between 64th and 66th Streets. b. Approximately $460,000 (or the actual appraised value) of the bond proceeds will be used to purchase 25 feet of right-of--way from the Developer for the portion of Richfield Parkway between 64th and 65th Streets. This amount was indicated in a preliminary appraisal done in May 2009; however, it is subject to change as the result of a comprehensive market-rate appraisal. c. The development will be assessed 20% of the bond costs ($220,000) over the life of the bond (i.e., 20 years). d. The remainder of the debt service on the 429 bonds ($880,000) will be paid through the general obligation of the City. e. The impact of this debt service on a Richfield household at current tax and class rates would approximately be as follows: ~ Assessed House Value Annual Tax Impact ~ ~ $200,000 $8.39 ~ ~ $225,000 $9.44 ~ - ~ $250,000 $.10.49 ~ Pledge of Tax Increment Financing to the Developer Since the existing TIF District was established in 2005, staff is proposing the HRA de- certify the existing TIF District and create a new Housing TIF District for the project area. The HRA would pledge 90% of the available tax increment generated by the development to the Developer on a "pay-as-you-go" basis, with the HRA retaining 10% for administrative costs. The "pay-as-you-go" TIF has an estimated present value of $714,230 based on current value, tax and inflation assumptions. Additional Gap Funding Given the estimated amount of TIF available to the project and the purchase of the right-of- way from the Developer, the Developer has identified a remaining funding "gap" of approximately $360,000. To facilitate Phase 1 of the proposed project, the Developer is requesting the City pursue various grant and loan opportunities to write-down the land costs and assist in eliminating the gap. The City is able to pursue various programs including Community Development Block Grant funding, HOME funding, Affordable Housing Incentive Funds, Richfield Housing Fund contributions, as well as several other possibly funding sources to assist in financing the project. Future Phase 2 Development The Developer would be given exclusive development rights for Phase 2 of the ill development, consisting of approximately 150 market-rate senior rental units on the north block of the project area for a period of two years following completion of Phase1 of the project. The developer is proposing that their exclusive rights to develop Phase 2 be granted upon their acquiring land in the Phase 1 area rather than being governed by a fee. This will allow them to put their economic resources towards Phase 1 first. III. BASIS OF RECOMMENDATION A. POLICY • The City has identified a Low Frequency Noise Impact area in the northeast corner of Richfield where the negative impacts of low frequency noise will exceed the tolerances of existing housing. • Redevelopment planning efforts have identified the Cedar Point Phase II area as ideal for multi-family senior housing. B. CRITICAL ISSUES • Since the TIF District in which the proposed project is located was established in 2005, each year that passes further diminishes the available tax increment generated by the district. C. FINANCIAL • This proposed public financing scenario provides for the construction of a portion of the Richfield Parkway. • The financing strategies assume the Developer will be able to successfully negotiate the purchase of all 16 properties in Phase I of _ - the development area. Should they be unable to accomplish this task, the Developer can choose to abandon the project. • Since the TIF District in which the proposed project is located was established in 2005, each year that passes. further diminishes the available tax increment generated by the district. • The de-certification of the existing TIF District and creation of a new Housing TIF District will allow for increased Tax Increment generation. • Due to the state of the economy and increased development costs associated with project financing, the Developers have found it necessary. to phase the development. • Because of the high cost of assembling the private property and development financing, the Developer has indicated a need for public assistance. • For the development to proceed as proscribed, the Richfield City Council must approve the public financing component. • The City and HRA have incurred significant expenses associated with the development and financial planning associated with. this project. • The Developer has deposited $5,000 in escrow with, the City/HRA to pay for the administrative costs associated with drafting the development agreement. This escrow account has been drawn down over the past several months with a balance of approximately $2,167 remaining. • In order to proceed with the drafting of a Development Agreement, staff is recommending the Developer be required to pay 25% of the outstanding invoices to date and to replenish the escrow account with the City to $5,000 to cover administrative expenses related to the drafting of the Development Agreement incurred by the City/HRA. • The Developer has agreed to pay administrative costs. D. LEGAL • The City/HRA attorney will be involved in the drafting of the Development Agreement. E. ENVIRONMENTAL CONSIDERATIONS • Green building technologies will be incorporated into the project as practicable. IV. ALl~KNATIVE RECOMMENDATION(S~ • Do not direct staff to begin drafting a Development Agreement for the revised redevelopment proposal. V. ATTACHMENTS • Map of the Cedar Point II Housing Development Area. VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Representatives of the Developer !(v-1 Proposed Phased Cedar Point II Housing 1. - ~ tir 7 w • ~ '1 , L ~ ~~y - jy ~ I l 1 < `~~zas • ~ r: - ~'1 ~ ~ ~I~ ilk. ~~.i.9~J ~I, - ~ " l.. .L ~.~;a 5~ .t~r".f~~ ~ r .rte/~./~f ~ ...wirli~ '1',c r . ~ _ r~~ ~ T .iI . ~ . s~.~s o r, Brae-~ - - c~ t- c~ rim _ 'T , - i1 _ a y` `i Yr ,i " - ~ ~ t~ 0 50 100 200 300 400 Feet _ AGENDA SECTION: Other Business AGENDA ITEM # j 7 REPORT # j 7 2 STAr~r~ REPORT r CITY COUNCIL MEETING AUGUST 11, 2009 REPORT PREPARED BY: KRISTIN ASxER, CITY ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: U SIGNATURE REVIEWED BY CITY • MANAGER: i ITEM FOR COUNCIL CONSIDERATION: Consideration of authorization to enter into lease negotiations for the use of the identified future remnant of 1710 E. 78th Street (Normark site). I. RECOMMENDED ACTION: ~ By Motion: Authorize staff to enter into lease negotiations for the remnant parcel identified at 1710 E. 78th Street. II. BACKGROUND In 2000, the City purchased the property at 1710 E. 78th Street in anticipation of the 77tH Street Underpass project. Currently the project does not have any identified funding and will likely not be constructed for at least 5 years. Staff has identified a potential remnant piece of the property that can be leased. to an interested party and would be available for purchase after the completion of the 77th Street Underpass. However, the identified remnant parcel is triangular and falls between a future ramp (south. bound Highway 77 to west bound 494) and a tunnel approach which may make avoiding the parcel difficult during the construction , phase. Although it may be possible to avoid the parcel during construction it is not desirable to sell the parcel at this time. . Metro Sales, Inc. owns the property west of and adjacent to the City owned property at 1710 E. 78th Street and has indicated a willingness to buy or lease the identified remnant piece for additional parking. An informational meeting was held with City 1710E780811 staff and Metro Sales, Inc. representatives to discuss the possibility of a 5-year interim use permit in which they would construct a parking lot on the remnant piece. A fair market value appraisal was conducted to determine a lease value of the .identified remnant. The annual lease payment was identified in the appraisal at $27,500. III. BASIS OF RECOMMENDATION A. POLICY • The City Council controls the financial affairs of the City and may authorize staff to conduct negotiations on the Council's behalf. B. CRITICAL ISSUES • Metro Sales is under a tight timeline to negotiate the lease and obtain City approvals for the Interim Use Permit and be able to construct the parking lot. C. FINANCIAL n • The City has obtained a fair market value appraisal for the use of the property and we will use it as the basis for negotiating the lease. D. LEGAL • The City Attorney will be available to answer questions. E. ENVIlZONMENTAL CONSIDERATIONS • None. ' IV. ALTERNATIVE RECOMMENDATION(S~ ICI • The Council could choose not to lease the property. i V. ATTACHMENTS • Letter summarizing the fair market value appraisal. • Identified future remnant parcel. VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None expected. ~ 1'~~' City of Richfield Page 1 1710 - 78th Street Eas# July 31, 2009 Kristin Asher City Engineer eVe~ Teen City of RichfieldLAND 6700 Portland Avenue South s E xv r c E s Richfield, MN 55423 C O M P A N Y . ;kyu~~;aon v,a a~a~~.aon sp«au:n RE: Lease Appraisal of 1710 - 78t" Street East, Richfield, MN 55423 Dear Ms. Asher: At your request we have prepared an appraisal of the above referenced property for the purpose of estimating its fair market value in order to give valuation guidance to the City of Richfield for the possible lease of the property to a neighboring property. Although the property at 1710 78t" Street East is 50,112± sf in size, 11,940± sf will be utilized as road right of way in the near future. Thus the usable portion and the property to be leased is 38,172± sf or 0.876 acres in size. Access to the property is via a driveway from 77t" Street and a driveway from 78t" Street. The following written report presents the findings, analysis and conclusions of this appraisal. An on-site inspection of the subject properly has been made and we have fully identified the real estate in the written report. There are no improvements on the property and therefore the appraisal is of land only. After careful consideration of the many factors influencing value, and based on the factors described herein, it is our opinion that the lease value of the subject property is as follows as of July 31, 2009: $ 27,500 Annual Lease Payment (paid each year); or $ 125,000 Five Year Lease Payment (paid upfront) Under the Uniform Standards of Professional Appraisal. Practice (USPAP) .this appraisal is considered a summary appraisal report. The appraisal report identifies and describes the real estate and summarizes the valuation analyses and methods used in this report. Please call us at 651-882-0200 if you have any questions. Thank you for the opportunity to perform this appraisal. Sincerely, Douglas K. Johnson, SRNVA Patricia J. Nolan MN Certified General Real Property MN Certified General Real Property Appraiser License No. 4001052 Appraiser License No. 20243478 evergreen Ladd Services - .~y~~ ~ • is ~ • Y~ ~ ~ is 1710 78th Street :a_. 77th Street : .r ~ P~ R, 'ti. ~ Kv ~r r ~ r " ~ ~ ~ ~ ~ T 3•k x ~ ~ I r - .r. t Former Normark Parcel .r;.~~i',~ . r: ~ Vacant Lot nI Building Demolished in 2007 ' Remnant Parcel ' - ~ 0 30 60 120 180 Feet