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110910completeagenda
CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 9, 2010 SPECIAL CITY COUNCIL WORKSESSION CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding capital improvement budget (Council Memo No. 171) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 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 Regular City Council Meeting of October 26, 2010 PRESENTATION 1. Annual meeting with Community Services Commission COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits • Cancel Tuesday, December 28, 2010 Regular City Council Meeting • Schedule City Council/City staff annual goalsetting session (Council Memo No. 172) • Schedule advisory commission interviews (Council Memo No. 172) 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 resolution determining results of City General Election on Tuesday, November 2, 2010 S.R. No. 197 B. Consideration of approval of resolution amending and restating I-35W Solutions Alliance Joint Powers Agreement S.R. No. 198 C. Consideration of approval of scheduling public hearing on December 14, 2010 for renewal of 2011 pawnbroker and secondhand goods dealer licenses for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 199 D. Consideration of approval of scheduling public hearing on December 14, 2010 for renewal of 2011 on-sale wine and on-sale 3.2 percent malt liquor licenses for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Patrick's Bakery & Cafe; Lariat Lanes; The Noodle Shop-Colorado, Inc. d/b/a Noodles and Company and Joy's Pattaya Thai Restaurant S.R. No. 200 E. Consideration of approval of scheduling public hearing on December 14, 2010 for renewal of 2011 on-sale intoxicating and Sunday liquor licenses for Khan's Mongolian Barbeque; Champps Operating Corporation d/b/a Champp's Restaurant; Minneapolis- Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; EI Tejaban Mes. Grill; and Jun Bo Chinese Restaurant S.R. No. 201 F. Consideration of approval of request for renewal of currency exchange licenses for New Unbank Company, LLC; 6421 Penn Avenue; and Los Gallos 12, Inc., 6539-B 14th Avenue S.R. No. 202 G. Consideration of approval of agreement with Bigos-Richfield Towers, LLC for maintenance of sump manhole at 7717 Chicago Avenue S.R. No. 203 H. Consideration of approval of renewal of contract between City of Richfield and Chiefs Towing, Inc., 8610 Harriet Avenue, for Public Safety towing services for December 1, 2010 through November 30, 2011 S.R. No. 204 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARING 6. Public hearing regarding resolution giving approval to financing of project undertaken by Academy of Holy Angels pursuant to MN Statutes Sections 469.152 through 469.165 and authorizing submission of application to MN Department of Employment and Economic Development and preparation of necessary documents Staff Report No. 205 Notes: 7. Public hearing regarding resolution adopting change in plan for expenditure of residual assets of Police and Fire consolidated pension plans Staff Report No. 206 Notes: PROPOSED ORDINANCE 8. Consideration of first reading of ordinance amending Richfield City Code Appendix 1 rezoning certain properties throughout City in order to conform with Richfield Comprehensive Plan Staff Report No. 207 Notes: RESOLUTIONS 9. Consideration of resolution authorizing defeasance, prepayment and redemption of $1,045,000 General Obligation Tax Increment Bonds, Series 2002C bonds, dated December 5, 2002 Staff Report No. 208 Notes: 10. Consideration of resolution authorizing refunding of $8,350,000 General Obligation Tax Increment Bonds, Series 2001A, dated April 1, 2001 with $6,465,000 General Obligation Tax Increment Refunding Bonds, Series 20106 Staff Report No. 209 Notes: OTHER BUSINESS 11. Consideration of work proposal presented by WSB & Associates for preliminary engineering for Richfield Parkway North Connection to Bloomington Avenue at cost not to exceed $35,000 Staff Report No. 210 Notes: 12. Consideration of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five-year term commencing November 9, 2010 and expiring October 31, 2015 Staff Report No. 211 Notes: CITY MANAGER'S REPORT 13. City Manager's report Notes: 14. 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. Notes: 15. 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. richfield: November 2010 Page 1 of 1 e r Calendars Net Navigate: X3€_39 .Jan Feb ttt~ar A~_r t~_ay Jun Jul Aug. Sep tact Nov C1ec 201._1.. November 2010 GENERAL ELECTION 7 PM Transportation 7 PM Arts Commission Commission @ Community Center ~ 9 10 11 12 7 PM Planning 6 PM Special City 7:00 PM Bike Task City Administrative Commission Study Council Worksession Force @ Maintenance Offices Closed - Session Facility Lunchroom Veterans' Day 7 PM Regular City Council Meeting 7 PM Human Rights Commission Meeting at Richfield Community Center C~ 17 18 1~) 7 PM HRA Meeting 5:30 PM Hearing 4:30 PM FOWL Board Examiner in Heredia Meeting @ WLNC Room 7 PM Friendship City 7 PM Community Commission Services Commission @ Community Center ?? 23 2 ?~ 2 7 PM Planning 6 PM Special City City Administrative City Administrative Commission Council Worksession Offices Closed -- Offices Closed - Thanksgiving Thanksgiving 7 PM Regular City Council Meeting SATt,1RC3AY, NOV. 27 9:30-10:30 AM lylayar's Hour @ Wood Lake Nature Center ~c} ~0 1 t~~ 2 3 7 PM Truth-in-taxation 7 PM Transportation 7 PM Arts Commission Commission @ Community Center 13isptay: Year Month Week ~ Block List Condensed Abs Slide Calendars: Search Adc~ Events: Daily Duration Periodic Administer: This_Calendar All meetings held at City Hall (6700 Portland Avenue) unless indicated otherwise Calendars Net free online interactive web calendars http://www.my.calendars.net/richfield 11/4/2010 CITY OF RICHFIELD, MINNESOTA Office of City Manager November 4, 2010 Council Memorandum No. 171 The Honorable Mayor and Members of the City Council Subject: November 9, 2010 Worksession on the Capital Improvement Budget (Worksession Agenda Item No. 1) Council Members: At their August 30, 2010 meeting, the City Council reviewed the 2010-2011 City Budget and postponed discussion of the Capital Improvement Budget and Plan until a future Council Worksession, now scheduled for November 9, 2010. A copy of the Capital Improvement Budget and Plan is attached. City staff is especially interested in getting guidance on the projects being considered in Northeast Richfield: • Taft/Legion Stormwater Project • Three Rivers Park District Bike Path • 66th Street reconstruction • Richfield Parkway City staff will present information on the proposed projects at the Worksession. The City Council may choose to carry the discussion of the projects and the vision for Northeast Richfield to the City Council Goal Setting Meeting in January. Re ctful~i submitte r t ~.~ ~- ~~ Steve L. evic ~ ' City Manager SLD:cak Attachment Email: Department Directors Assistant to the City Manager CAPITAL IMPROVEMENT FUNDS -APPROPRIATION CAPITAL IMPROVEMENTS -STATUTE 475.521 Police/Fire/City Hall Facility ($22,250,000) TOTAL CAPITAL IMPROVEMENTS RECREATION AND OPEN SPACE Outdoor Pool Renovation Park Maintenance Lincoln Field Zt< Other Ballfield Improvements Replace Outdoor Lighting at Taft Park Veterans Park Monument Sign Community Center Lower Level A/C Type 7 Skate Park TOTAL RECREATION/OPEN SPACE RIGHT OF WAY IMPROVEMENTS Richfield Parkway-Taft Lake Improvements Richfield Parkway Bikeway Retaining Wall Replacement 76th Street Railroad Signal Traffic Signal at 77th Street & Colfax 70th Street & 12th Avenue Signal Replacement Penn Avenue to 66th Street Ped. Bikeway Alley Paving Project MiII ~ Overlay Bituminous Streets Sealcoating Bituminous Streets TOTAL RIGHT OF WAY IMPROVEMENTS PUBLIC FACILITIES Replacement Central Garage Equipment Technology Replacement Water Plant Clarifier Baffle Replacement Water Plant South Side Reactor Mixer Replacement Water Plant Generator Rehabilitation SCADA Utility Communication System Logan Water Tower Rehabilitation Water Plant Chain Room Pipe/Motor Replacement Water Plan Clarifier & Baffle Replacement Water Plant South Side Reactor Mixer Replacement Wellhouse Motors and VFD's Woodlake Lift Station Renovation Sewer Main Lining MCES/Sanitary Sewer infrastructure Replacement Taft Lake ~ Legion Lake Active Treatment Adams Hill Pond Active Treatment Christian Pond Dredging Sheridan Pond Dredging 64th Street & Girard Alley Storm Sewer 6444 Lyndale Liquor Store Floor Covering 6444 Lyndale Liquor Store Roof Replacement 2010 Budget 2010 Revised 20'11 Budget 12,150,000 CI 12,150,000 CI 3,750,OOD PE 3,850,000 PE 3,850,000 PE 100,000 R 125,000 R $ 16,000,000 $ 16,125,000 $ 3,850,000 $ 103,800 R $ 103,800 R $ 103,800 R 50,000 R 50,000 R 50,000 R 226,200 R 101,200 R 51,200 R _ - 105,000 R - 25,000 R _ - 15,000 R 70,000 R 70,000 R - $ 450,000 $ 325,000 $ 350,000 2,832,000 M 100,000 U 100,000 U 500,000 C - 400,000 MC 1,100,000 SA - - 112,900 F 112,900 F - _ - 100,000 M - - 100,000 C 135,000 F 40,000 M 175,000 SA - - 130,000 M - - 105,500 F 105,000 F - 310,000 SA 180,000 SA - 400,000 FF 705,000 FF - _ 300,000 FF - FF 794,000 FF $ 5,965,400 $ 1,377,900 $ 1,494,000 $ 534,000 131,830 500,000 75,000 300,000 110,000 30,000 60,000 500,000 1,000,000 50,000 CN $ 534,000 CN 131,830 U - U - U - U 103,400 37,500 U 7,500 U - 100,000 U - MC - U 1so,aoo CN $ CN U U U U U 6444 Lyndale Liquor Store Fascia Replacement 10,000 U 10,000 U 6444 Lyndale Liquor Store Exterior Signage Replacement 15,000 U 15,000 U TOTAL PUBLIC FACILITIES $ 3,315,830 $ 1,099,230 TOTAL PROJECTS $ 25,731,230 $ 18,927,130 ESTIMATED REVENUE BY SOURCE (C) Hennepin County 500,000 - (CE) City of Edina - - (CI) Capital Improvement Bonds 12,150,000 12,150,000 (CN) Capital Notes 665,830 665,830 (F) Federal Grant 218,400 352,900 (FF) Franchise Fees 700,000 705,000 (M) Municipal State Aid 2,962,000 40,000 (MC) Minnehaha Creek Watershed District 1,000,000 - (NM) Nine Mile Creek Watershed District - - (PE) Pension Refund Fund 3,850,000 3,850,000 (R) Special Revenues 450,000 450,000 (SA) Special Assessments 1,585,000 180,000 (U) User Fees 1,650,000 533,400 TOTAL ESTIMATED REVENUES $ 25,731,230 $ 18,927,130 Those projects supported by user fees (U) are also a part of the Enterprise Fund capital outlay budgets. 456,000 CN 171,380 CN 35,000 U 750,000 U 225,000 U 1,200,000 U 100,000 U 125,000 U 312,700 U 100,000 NM 87,300 CE 50,000 U 50,000 U 15,000 R 35,000 R 40,000 U .~ J,/.7G,JOV $ 9,446,380 100,000 87,300 627,380 794,000 100,000 400,000 100,000 3,750,000 500,000 2,987,700 $ 9,44.6,380 ° ~~~ e BUDGET SUMMARY CI-~PiTR,L IAIiPROVEIViEPIT FURRDS 2011 CAPITAL BMPROifEMENTS -STATUTE 475.421 PROJECT REi/ENUES PROJECT EJCPENDITURES Police/FirelCity Hall Facility $ 3,750,000 PE $ 3,750,000 PE _ 100,000 R 100,000 R $ 3,850,000 $ 3,850,000 RECREATION & OPEN SPACE Outdoor Pool Renovation $ 103,800 R $ 103,800 R Park Maintenance 50,000 R 50,000 R Lincoln Field ~ Other Ballfield Improvements 51,200 R 51,200 R Replace Outdoor Lighting at Tact Park 105,000 R 105,000 R ~leterans Park Monument Sign 25,000 R 25,000 R Community Center Lovuer Level A/C 15,000 R 15,000 R TOTAL RECREATION &: OPEN SPACE $ 350,000 $ 350,000 RIGHT OF WAY IMPROVEMENTS Richfield Parkvray-Taft Lake Improvements 400,000 MC 400,000 MC 100,000 U 100,000 U Retaining Wall Replacement 100,000 M 100,000 M 1®®,000 C 1®0,000 C Seafcoating Bituminous Streets 794,000 FF 794,000 FF TOTAL RIGHT OF WAY IMPROVEMENTS $ 1,494,000 $ 1,494,000 PUBLIC FACILITIES Replace Central Garage Equipment $ 456,000 CN $ 456,000 CN Technology Replacement 171,380 CN 171,380 CN SCADA Utility Communication System 35,000 U 35,000 U Logan Water Tovver Rehabilitation 750,000 U 750,000 U Water Plant Chain Room Pipe/Motor Replacement 225,000 U 225,000 U Water Plant Clarifier Baffle Replacement 1,200,000 U 1,200,000 U Water Plant South Side Reactor Mixer Replacement 100,000 U 100,000 U MCES/Sanitary Sewer Infrastructure Replacement 125,000 U 125,000 U Adams Hill Pond Active Treatment 312,700 U 312,700 U 100,000 NM 100,000 NM 87,300 CE 87,300 CE Christian Pond Dredging 50,000 U 50,000 U Sheridan Pond. Dredging 50,000 U 50,000 U 6444 Lyndale Liquor Store Floor Covering 15,000 R 15,000 R 6444 Lyndale Liquor Store Roof Replacement 35,000 R 35,000 R 40,000 U 40,000 U TOTAL PUBLIC FACILITIES $ 3,752,380 $ 3,752,380 TOTAL PROJECTS $ 9,446,380 $ 9,44.6,380 ESTIMATED REVENUE BY SOURCE (C)Hennepin County $ 100,000 $ 100,000 (CE)City of Edina 87,300 87,300 (CN)Capital Notes 627,380 627,380 (FF) Franchise Fees 794,000 794,000 {M)Municipal State Aid 100,000 100,000 (MC)Minnehaha Creek Vi,"atershed District 400,000 400,000 {NM)Nine Mile Creek Watershed District 100,000 100,000 (PE)Pension Refund Fund 3,750,000 3,750,000 (R)Special Revenue 500,000 500;000 (U)User Fees 2,987,700 2,987,700 TOTAL FUNDING BY SOURCE $ 9,446,380 $ 9,446,380 - 2~~ 20'12 - 20~s CAPITAL ifihPROilEilfiENT PLAN -CITY OF RICHFIELD, MINNESOTA Recommended and Scheduled for Four Year Period TOTAL* PROJECTS CIP COST 2092 2013 2014 RECREATION OPEN SPACE DEVELOPMENT 1 Outdoor Pool Renovation 2 Park Maintenance 3 Lincoln Field & Other Ball Field Improv. 4 Taft Park Outdoor Lighting Replacement 5 Amphitheater Backdrop 8: Sound System 5 Community Center Boiler 7 Community Center Carpet 8 Ice Arena Rink 1 Bleachers 9 Mini-Golf Facility & Dog Park i0 Wood Lake Nature Center Carpet 11 Wood Lake Nature Center Parking Lot 12 Veterans Park Play Equip. Repl. 8 Exp. 13 Veterans Park Parking Lot Expansion 14 Future Park Projects TOTAL RECREATION ~ OPEN SPACE (R) Special Revenue TOTAL FUNDING BY SOURCE PROJECTS RIGHT OF WAY IMPROVEMENTS i5 Lyndale Avenue Diamond Grind i6 Mill & Overlay Bituminous Streets 17 North Richfield Parkway •18 Railroad Signal at 70th Street 19 66th Street East Reconstruction 20 69th St. Sidewalk ?1 76th Street East Reconstruction 22 77th Street Underpass of TH 77 23 Lyndale Avenue Improvements 24 PJicollet Avenue Reconstruction 25 Penn Avenue Reconstruction 26 Portland Avenue Reconstruction ?.'1 Sealcoating Bituminous Streets '%t;TAL RIGHT OF WAY IMPROVEMENTS (Bj G.O. Improvement Bonds (C)Hennepin County (F) Federal Funding (FF) Franchise Fees (M) Municipal State Aid (SA) Special Assessments (S) State Grants TOTAL FUNDING BY SOURCE $ 103,800 $ 103,800 R $ - $ 500,000 100,000 R 100,000 R $ 364,540 119,200 R 65,000 R $ 100,000 100,000 R - $ 95,000 - 15,000 R $ 15,000 15,000 R - $ 12,000 12,000 R - $ 63,600 - 63,600 R $ 250,000 - 50,000 R $ 20,000 - 20,000 R $ 136,400 - 136,400 R $ 100,000 - - $ 219,660 - - $ 350,000 $ 2,250,000 $ 450,000 $ 450,000 $ 2,250,000 $ 450,000 $ 450,000 $ 2,250,000 $ 450,000 $ 450,000 TOTAL* CIP COSTS 2012 2013 $ 46,000 $ 46,000 FF $ - $ 1,200,000 - 600,000 FF $ 1,850,000 - 450,000 M $ 800,000 - - $ 300,000 - 300,000 C $ 3,000,000 - 3,000,000 B $ 750,000 - 750,000 SA $ 20,500 - 20,500 M $ 982,250 - 182,250 F $ 2,880,000 - - $ 14,400,000 - - $ 720,000 - - $ 750,000 - - $ 600,000 - - $ 2,400,000 - - $ 1,075,000 - - $ 17,200,000 - - $ 3,225,000 - - $ 460,000 - - $ 1,140,000 - - $ 3,920,000 - - $ 784,000 - - $ 196,000 - - $ 3,920,000 - - $ 784,000 - - $ 196,000 - - $ 3,920,000 - - $ 784,000 - - $ 196,000 - - $ 1,436,000 700,000 FF - $ 69,134,750 $ 746,000 $ 5,302,750 $ 8,232,000 $ - $ 3,000,000 $ 26,460,000 - 300,000 $ 20,922,250 - 182,250 $ 2,sa2,ooo 74s,ooo soo,ooo $ 4,755,500 - 470,500 $ 2,058,000 - 750,000 $ 4,025,000 $ 69,134,750 $ 746,000 $ 5,302,750 2015 Beyond 2015 $ - $ - ~ - 10D,000 R 100,000 R 100,000 R 150,000 R 30,340 R - 200,000 R - - - 100,000 R - - 219,660 R - 350,000 R $ 450,000 $ 450,000 $ 450,000 $ 450,000 $ 450,000 $ 450,000 $ 450,000 $ 450,000 $ 450,000 2014 2015 Beyond 2015 $ - $ - $ - 600,000 FF - - 1,400,000 M - - 800,000 S - - - 2,880,000 B - - 14,400,000 C - - 720,000 SA - - - 750,000 M - - 600,000 M - - 2,400,000 F - - 1,075,000 M - - 17,200,000 F - - 3,225,000 S - - 460,000 M - - 1,140,000 F - - 3,920,000 C _ - 784,000 B - - 196,000 SA _ - 3,920,000 C - - 784,000 B - - 196,000 SA - - 3,920,000 C - - 784,000 B - - 996,000 SA - 736,000 FF - $ 2,800,000 $ 18,736,000 $ 41,550,000 $ - $ 2,880,000 $ 2,352,000 - 14,400,000 11,760,000 _ _ 20,740,000 600,000 736,000 - 1,4D0,000 - 2,885,000 - 720,000 588,000 800,000 3,225,000 $ 2,800,000 $ 18,736,000 $ 41,550,000 - ~~~ 2412 - 2095 C~aPITAL IIIIIPf~Q°~E~EfiVT PL~iv~ - CIT'1~ ®F RICI-EFIEL®, P~iPi~NFS®TA PROJECTS TOTAL* CIP COSTS 2012 2013 2014 2015 Beyond 2015 PUBLIC FACILITIES placement Central Garage Equipment $ 2,449,290 $ 585,430 TL $ 602,990 TL $ 621,080 TL $ 639,710 TL $ - e~hnology Replacement $ 500,000 125,000 TL 125,000 TL 125,000 TL 125,000 TL - 30 Penn Water Tower Rehabilitation $ 350,000 350,000 U - - - - '3.I Interconnect with Neighboring Comm. $ 500,000 - - 500,000 U - - 32. Sanitary Sewer Main Lining $ 240,000 60,000 U 60,000 U 60,000 U 60,000 U - 33 Taft Lake & Legion Lake Active Treat. $ 500,000 500,000 U - - - - $ 1,900,000 1,900,000 MC - - - - 34 6444 Lyndale Store Boiler Replacement $ 30,000 30,000 R - - - - 35 Water Main(s) Replacement Under I-35W $ 500,000 - - - 500,000 U - 36 Liquor Operation Capital Improvements $ 970,000 20,000 R 50,000 R 50,000 R 50,000 R - TOTAL PUBLIC FACILITIES $ 7,139,210 $ 3,570,430 $ 837,990 $ 1,356,080 $ 1,374,710 $ - (MC) Minnehaha Creek Watershed $ 1,900,000 $ 1,900,000 $ - $ - $ - $ - (TL)Tax Levy $ 2,949,210 710,430 727,990 746,080 764,710 - (R) Special Revenues $ 200,000 50,000 50,000 50,000 50,000 - (U) User Fees $ 2,090,000 910,000 60,000 560,000 560,000 - TOTAL FUNDING BY SOURCE $ 7,139,210 $ 3,570,430 $ 837,990 $ 1,356,080 $ 1,374,710 $ - SUMMARY PROJECTS Recreation/Open Space Development $ 2,250,000 450,000 Right of Way Improvements $ 69,134,750 746,000 Public Facilities $ 7,139,210 3,570,430 TOTAL CAPITAL PROJECTS $ 78,523,960 $ 4,766,430 (B) G.O. Improvement Bonds $ 8,232,000 $ - (C) Hennepin County $ 26,460,000 - (F) Federal Funding $ 20,922,250 - tFF) Franchise Fees $ 2,682,000 746,000 Municipal State Aid $ 4,755,500 - .C) i~innehaha Creek Watershed $ 1,900,000 1,900,000 (R) Special Revenue $ 2,450,000 500,000 (SA) Special Assessments $ 2,058,000 - (S) State Grants $ 4,025,000 - (TL) Tax Levy $ 2,949,210 710,430 !tl) User Fees $ 2,090,000 910,000 TOTAL FUNDING SOURCES $ 78,523,960 $ 4,766,430 " Total CIP costs do not include any projec t costs reflected in the 2011 CIB. 450,000 450,000 - 450,000 450,000 5,302,750 2,800,000 18,736,000 41,550,000 837,990 1,356,080 1,374,710 $ 6,590,740 $ 4,606,080 $ 20,560,710 $ 42,000,000 3,000,000 $ - $ 2,880,000 $ 2,352,000 300,000 - 14,400,000 11,760,000 182,250 - - 20,740,000 600,000 600,000 736,000 - 470,500 1,400,000 - 2,885,000 506,000 500,000 500,000 450,000 750,000 - 720,000 588,000 _ 800,000 - 3,225,000 727,990 746,080 764,710 - 60,000 560,000 560,000 $ 6,590,740 $ 4,606,080 $ 20,560,710 $ 42,000,000 m ~~~ J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting October 26, 2010 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; Fred Wroge; and Tom Fitzhenry. Members Excused: Pat Elliott Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Dave Conrads, Building Maintenance Supervisor; Corririe Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. MfWroge, S/Sandahl to excuse Council Member Elliott from the October 26, 2010 Regular City Council Meeting. Motion carried 4-0. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, SfWroge to approve the minutes of (~ Special City Council Meeting of October 12 2010 (2~ Special City Council Worksession of October 12, 2010; and (3 Regular City Council Meeting of October 12, 2010. Council Meeting Minutes -2- October 26, 2010 M/Sandahl, S/Wroge to approve the minutes of~1) Special City Council Meeting of October 12 2010• (~ Special City Council Worksession of October 12, 2010; and (3) Regular City Council Meeting of October 12, 2010. Motion carried 4-0. Item #1 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Council Member Wroge discussed Richfield's parking restrictions after a snowfall of two or more inches. Council Member Wroge discussed the placement of political signs so they conform to the City's sign ordinance. He suggested the City Council revisit the sign ordinance in the future to clarify "lot line" to "curb line" distances. Mayor Goettel provided an update on the MAC billboard installation project at 66`h Street and Cedar Avenue, including working with cities to mitigate its impact. She acknowledged the efforts of Lisa Peilen, District C MAC representative. Mayor Goettel announced the November 13, 2010 ribbon cutting ceremony for the Crosstown Project. Mayor Goettel requested the condition of sidewalks be assessed. Mayor Goettel requested, as a public service, the City's website and cable bulletin board post jobs that are available in Richfield. Item #2 COUNCIL APPROVAL OF AGENDA Mayor Goettel moved Consent Calendar Item 3B to Item 4 for separate consideration. M/Wroge, S/Fitzhenry to approve the agenda, as amended. Motion carried 4-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution authorizing Richfield continued participation and implementation of Hennepin County Multi-Jurisdictional All-Hazard Mitigation Plan S.R. No. 191 RESOLUTION NO. 10432 RESOLUTION ADOPTING THE HENNEPIN COUNTY MULTI-JURISDICTIONAL ALL- HAZARD MITIGATION PLAN Council Meeting Minutes -3- October 26, 2010 This resolution appears as Resolution No. 10432. B. Moved to Item #4 for separate consideration C. Consideration of approval of contract for purchase of services between City of Richfield and Hennepin County for Sentencing to Service work crews in amount of $42,445 for 2011 and $43,719 for 2012 S.R. No. 193 RESOLUTION NO. 10434 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO HENNEPIN COUNTY CONTRACT NO. A101409 WITH THE COUNTY OF HENNEPIN, STATE OF MINNESOTA FOR SENTENCING TO SERVICE (STS) PROGRAM SERVICES THROUGH DECEMBER 31, 2012. This resolution appears as Resolution No. 10434 D. Consideration of approval of Richfield Municipal Center change order report for aggregate net effect of $44,524.13 in items included within budget and reinstate City Manager's authority to approve change orders up to aggregate of $25,000 for non-budgeted items and up to an aggregate of $100,000 for items within project budget S.R. No. 194 M/Goettel, S/Fitzhenry to approve the Consent Calendar, as amended. Motion carried 4-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR B. Consideration of approval of resolution authorizing reimbursement for planning and design of proposed Taft Lake Regional Stormwater Improvement Project S.R. No. 192 Council Member Wroge presented Staff Report No. 192. City Manager Devich explained the anticipated funding for the project and that the resolution allows the City to be reimbursed for work incurred now in the preliminary planning. Council Member Wroge questioned why the MCWD did not bond for the project. Public Works Director Eastling responded they do not have the same bonding ability. He added the project would not move forward until the MCWD and City enter a corporation agreement. Public Works Director Eastling reviewed the Taft Lake/Legion Lake Watershed quality improvement project detail map. Council Member Wroge stated he is not in favor of removing the Taft Lake frontage road because it could force semi-trucks to use 17th Avenue. Public Works Director Eastling explained the mix of ownership of the area between MNDOT and Minneapolis. Council Member Wroge requested a report be provided to the City Council regarding follow up with the second developer who expressed an interest in developing the Cedar Point Senior Housing area along Richfield Parkway. Council Meeting Minutes -4- October 26, 2010 Item #5 PUBLIC HEARING REGARDING RESOLUTION APPROVING ASSESSMENT ROLL FOR 2010 CONCRETE ALLEY PAVING PROJECT STAFF REPORT NO. 195 Mayor Goettel presented Staff Report No. 195. M/Wroge, S/Sandahl to close the public hearing. Motion carried 4-0. M/Goettel, SlSandahl that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10435 RESOLUTION ADOPTING ASSESSMENT FOR CONCRETE ALLEY PAVING. Motion carried 4-0. This resolution appears as Resolution No. 10435. Item #6 OTHER BUSINESS Council Member Wroge presented Staff Report No. 196. Building Maintenance Supervisor Conrads provided an update on the new Municipal Center construction project. M/Wroge, S/Goettel to approve: • Award of contract to Offisource in the amount of $31 900 for interior window treatments; • Award of contract to Intereum in the amount of $32,118.74 for executive chairs; and • Award of contract to S&T Office Products in the amount of $442,706.80 for work stations, chairs and file cabinets. Motion carried 4-0. Item #7 CITY MANAGER'S REPORT City Manager Devich reported the City of Minneapolis adopted a resolution setting 60 decibels as the city's threshold for requiring airport noise protection for homes. City staff is reviewing this matter for Richfield and will discuss it with the City Council at a future worksession. Item #8 CLAIMS AND PAYROLLS M/Wroge, S/Sandahl that the following claims and payrolls be approved: U.S. BANK 10/26/2010 Council Meeting Minutes -5- October 26, 2010 A/P Checks: 198421-198801 PAYROLL 70262-70585, 41560 $ 2,500,545.17 $ 495,444.13 TOTAL Motion carried 4-0. OPEN FORUM None. ADJOURNMENT $ 2,995,989.30 The City Council meeting was adjourned by unanimous consent at 7:40 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager November 4, 2010 Council Memorandum No. 172 The Honorable Mayor and Members of the City Council Subject: Scheduling January 2011 Annual Goalsetting Session and Advisory Commission Interviews (Agenda Item No. 2 ) Council Members: The Council Discussion item on the November 9, 2010 City Council meeting agenda includes determining the dates for the Annual City Council and City staff goalsetting session and the Special City Council Meeting to conduct advisory commission interviews. Staff is requesting the City Council consider scheduling the goalsetting session on one of the following dates: • Friday, January 7 • Friday, January 21 • Friday, January 28 The goalsetting would be held in the Council Chambers, beginning at 8:30 a.m. and ending at 4 p.m. The annual advisory commission recruitment has begun and will continue through mid- December. Past practice has been for the City Council to conduct interviews on a Saturday in January beginning at 8:30 a.m. in the Council Chambers. Appointments are made at the last City Council meeting in January (January 25) and effective February 1. Therefore, staff is requesting the City Council consider scheduling interviews on one of the following dates: • Saturday, January 8 `°~aturday, January 22 (Remodeling Fair; 9 a.m. to 3 p.m.) Re '~e'ctfu~ submitted, ,~ ,. f s; ;e /, _ ~ ~ _._ ~ ~ d i t ' ,IS~~.e r L. Devic h M_`~A~~~City Manager .. SLD:cak Email: Department Directors Assistant to the City Manager City Clerk AGENDA SECTION AGENDA ITEM # REPORT # ~~ ~,..- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: NANCY GIBBS, CITY CLERK DEPARTMENT DIRECTOR REVIEW: .REVIEWED BY CITY MANAGER: NAME, TITLE ~f .." ""~ ~_~ _ SIGNATUR~ j~ ,-` a...- ,. a ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution determining results of City General Election on Tuesday, November 2, 2010. I. RECOMMENDED ACTION: By Motion: Adopt the resolution determining the results of the City General Election on Tuesday, November 2, 2010. II. BACKGROUND The City General Election was conducted on Tuesday, November 2, 2010 in conjunction with the State General Election. The City General Election included contests for the offices of mayor and Council Member at Large. The Richfield City Charter states that the Council shall meet and canvass the election returns at the next regular or Special Council meeting immediately following any regular, primary or special election, but in no event later than the time prescribed by State law, and must make full declaration of the results as soon as possible, and file a statement thereof with the City Clerk. Minnesota Statutes Chapter 205 also governs the conduct of municipal election. Section 205.02 Subd. 2 states that all City elections are governed by Chapter 205 as far as practicable. Section 205.185 Subd. 3 sets the date for canvassing any city general election as "between the third and tenth days after an election." Moreover, the provisions of Chapter 205 preempt the City Charter; therefore the canvassing of election results is scheduled for the November 9, 2010 Regular City Council Meeting. 1109GeneralElection III. BASIS OF RECOMMENDATION A. POLICY • The City Charter provides that the City Council declare the results of the election. The Regular City Council Meeting of November 9 provides a timely opportunity to canvass the election results in accordance with State Statutes Chapter 205. B. CRITICAL TIMING ISSUES • The City Council must take action by November 12, 2010. C. FINANCIAL • N/A D. LEGAL • City Charter Section 4.07 provides that the City Council declare the results of the Election. State Statute Chapter 205 sets the date for canvassing the election and controls over the charter provision. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • .Resolution determining the results of the November 2, 2010 General Election. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 4A-1 RESOLUTION NO. 10436 REPLACEMENT - 4A RESOLUTION DETERMINING RESULTS OF THE GENERAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 2, 2010 BE IT RESOLVED by the City Council of the City of Richfield that the Council, having received and considered the tally of votes by the election judges of the General Election held November 2, 2010, the results are determined to be as follows: Votes cast for Mayor: Debbie Goettel Four Year Term Marty Kirsch Write-I n Votes cast for Council Member at-Large: Sue Sandahl Four Year Term Robert L. (Bob) Hall Write-I n Total number of voters in this election: 12,844 Attachment A is the complete tabulation of results. 6,383 5,179 57 6,829 3,999 52 BE IT FURTHER RESOLVED that the following list of judges were those certifying returns of said election: James Alagna Marjorie Cain Sheila Fitzgerald Tanya Alsip Angela Carlson Beatrice Frankus Robert Amundson Jan Carroll Gregory Frost Janis Anderson Ellen Clements Mary Gagne Belen Andrada Stanley Cromer Joe Garcia Marietta Andrada Ellen Cutter Rosemary Gardner John Ashmead David Dahl Nancy Garwick Carol Athey Marie Dallager Kathy Gesler James Atkins Eileen Davenport Dennis Gillespie Cheryl Avenson Emily Day Judith Goebel Pat Bailey Sandra Decker Mary Gover Joan Bargman Gladys Denesen Patricia Grahn Patricia Bates Joanne Dentinger James Grant Charles Bauer Jr. Delrose Desrosier Betty Gustafson Corliss Becker Dawn Dolid Earl Hagen Mitchell Berg Marguerite Dozois Ann Hagens Robert Berge Cindy Dubansky Leonard Hardie Marlys Bergstrom Denise Eckerman Reed Harms Marilyn Birkelo Dee Ann Edlund Adrienne Hayes Thomas Birkelo Liz Ekholm Diane Healey Kimberly Blomberg Betty Elenbaas Linda Heaner Mary Boespflug Linda Elsen Jackie Heinen Patricia Boquist-Fisher Margaret Erickson Gertrude Herll Reed Bornholdt Shirley Evenstad Ruth Hiland Gail Brinkman Mary Jo Fadell Merlin Hill Laurel Bruno Denise Famodu Linda Hinz Hazel Burnside Donna Fischer Oliver Hoffman 1109GeneralElection 4A-2 Ilene Holen Geraldine Nachicas Jeanette Holter Ivar Natins JeNee Honnigford Kay Nelson Bob Houlton Jeffrey Nelson Sita Johnson Linda Nemitz Kathy Johnson James Niemackl Janell Joyner Thomas Niemackl Kalla Kalloway Jan Nyholm Betty Kamps David Nyholm Danette Kamrath Martha Obenchain Thomas Keegan Brad Obert Claire Killian Joy O'Brien Nancy Kilpeck Charlie O'Brien June King Kellie O'Brien Elisabeth Kingdon Marlene Odegard Barbara Knoll Chris Okey Rosemary Koelln Joan Olinger Lois Kovach Robert Olson Joseph Kovach Mary Olson Joan Kraft Lois Omlie Kathleen Kurtz Fern Oreck Susan Lewis Julia O'Sullivan Nancy Lindberg Mark Pafiolis Cherill Lindquist Ruth Pafko Lester Loney Jeannine Pafko Jeanne Loomis Betty Pedric Mary Lovett Joe Pedric Dorothy Lowe Monica Petrov Eleanor Maanum Francis Ploog Aleta Macon Cindy Prince Abelardo Malicsi Diane Rappe Cynthia Mandl Theresa Redington M. Karen Marso Julie Remarcik Thomas Marso Carolyn Ring Lawrence Martin Sylvia Robbins Paul Matuschek Donna Roe Andrew May Jeff Rundgren Beverly McCain Jeet Sausen Johnathon McClellan Phil Schaffer Karin McComb Sandy Schmidt Amy Ruth Meier Margaret Schow Sandy Menning-Glavan Andrew Seffrood Lee Monssen Margaret Smith Richard Morey Eric Smith Philip Mortenson Becky Spitzack Carol Mortenson Jim Spitzack Isabelle Moulinier Erin Steitz-Follett Don Mueller Jason Stroth Christine Mullen Robert Sunderlin Peggy Mullick Roger Swanson Tom Murphy Karen Tannahill Helen Nachicas Ed Thom Myrtle Thom Doris Thorson Kathy Tighe Claire Todd Pat Toney Daniel Trautmann Judy Twisk John Twisk Gertrude Ulrich Beatrice Van Liew James Versteeg Kenneth Vevea Pearl Weitbrecht Bob Wells Elaine Wetsch DePaul Willette Jane Winberg Genevieve Wodnick Joan Wold Marian Woolery Twila Wysocki Betty Young Janelle Zeinelabdin 4A-3 REPLACEMENT - 4A PASSED by the City Council of the City of Richfield, Minnesota this 9th day of November, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1109GeneralElection "T J City of Richfield ® General Election November 2, 2010 *** Preliminary Results ~- CITY OFFICES Page 1 of I 11/8/20l D 1:57:56 PM Precinct Total % 1 2 3 4 5 6 7 8 9 Mayor -City of Richfield Debbie Goettel 6,383 54.9% 443 1,072 891 672 535 1,104 416 725 525 Marty Kirsch 5,179 44.6% 402 848 729 472 439 939 308 532 510 Write-in 57 0.5% 5 7 8 3 3 12 3 12 4 Council Member At Large -City of Richfield Robert L. (Bob) Hall 3,999 36.8% 301 588 514 437 391 707 255 426 380 Sue Sandahl 6,829 62.8% 491 1,161 1,013 650 535 1,204 413 763 599 Write-in 52 0.5% 5 7 10 6 4 5 4 7 4 Total VOTER TURNOUT Registered Voters Persons Registered at 7:00 AM New Registrations at the Polls TOTAL REGISTERED VOTERS Ballots Cast Number Voting at Polls Regular, Military & Overseas Absentee Federal Absentee TOTAL PERSONS VOTING Turnout Percentage 1 Precinct 2 3 4 5 6 7 8 9 20,206 93.8% 1,516 3,302 2,654 2,112 1,683 3,494 1,184 2,232 2,029 1,341 6.2% 91 219 190 146 96 261 61 167 110 21,547 100.0% 1,607 3,521 2,844 2,258 1,779 3,755 1,245 2,399 2,139 11,757 91.5% 896 1,764 1,654 1,263 1,015 2,061 741 1,277 1,086 1,079 8.4% 49 369 143 43 59 198 48 109 61 8 0.1% 1 1 0 2 0 2 1 1 0 12,844 100.0% 946 2,134 1,797 1,308 1,074 2,261 790 1,387 1,147 59.6% 58.9% 60.6% 63.2% 57.9% 60.4% 60.2% 63.5% 57.8% 53.6% AGENDA SECTION: Consent AGENDA ITEM # ~+B REPORT # 198 x,:~ ~. .:,~..~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: - SIGNATURE REVIEWED BY CITY , ~~~ ~ ~~ l ,, , MANAGER: ~' ~~~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution amending and restating the I-35W Solutions Alliance Joint Powers agreement. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution approving an amended and restated I-35W Solutions Alliance Joint Powers Agreement. II. BACKGROUND The I-35W Solutions Alliance was formed in 1989 to improve the capacity to move people and goods in the I-35W corridor. Numerous improvements have been made on {-35W including: • expansion of High Occupancy Vehicle (HOV) lanes • study of high speed buses • improvements from I-494 to the Crosstown Highway 62 • the planned rebuilding of the I-35W and Crosstown Highway 62 Commons • preliminary work for reconstruction of the I-35W/1-494 interchange. Proposed amendments to the agreement include an extension through December 31, 2020 and reflection of changes that have been made in laws such as the merger of the Metropolitan Transit Commission into the Metropolitan Council and elimination of some committees as previously existed. The work of the group will be conducted through monthly meetings with the Board of Directors representing the cities and counties along I-35W. Member cities and counties include: 110910135WJPA • Burnsville Richfield Hennepin County • Bloomington Apple Valley Scott County • Lakeville Minneapolis Dakota County • Savage Elko New Market A brief history of the accomplishments of the Solutions Alliance during its 20 years is attached. Council Member Sandahl is the current Chair of the Alliance. III. BASIS OF RECOMMENDATION A. POLICY • The I-35W Solutions Alliance works to influence State and regional transportation plans, achieving many of the goals outlined in the City Comprehensive Plan (Chapter 6). B. CRITICAL TIMING ISSUES • Members of the I-35W Solutions Alliance are asked to consider the amended and restated Joint Powers Agreement before December 31, 2010. C. FINANCIAL • Each member of the I-35W Solutions Alliance agrees to contribute each year to the general fund of the Solutions Alliance. The annual contribution is determined by a formula approved by the Board and paid by March 1St of each year. The attached Dues Policy details the three categories of dues based on population bands. Richfield dues would be $3,000.00 per year. D. LEGAL • The City Attorney has reviewed the Joint Powers Agreement and resolution. E. ENVIRONMENTAL CONSIDERATIONS • None ALTERNATIVE RECOMMENDATION(S~ • Council may choose to discontinue membership in the I-35W Solutions Alliance. ATTACHMENTS ~ • Resolution to Amend Joint Powers Agreement of the I-35W Solutions Alliance • Second Amended and Restated Joint Powers Agreement Establishing the I- 35W Solutions Alliance • I-35W Solutions Alliance Dues Policy • Summary of I-35W Solutions Alliance Accomplishments ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ y6-~ RESOLUTION NO. RESOLUTION TO AMEND AND RESTATE JOINT POWERS AGREEMENT OF THE I- 35W SOLUTIONS ALLIANCE WHEREAS, the City Council of Richfield is the official governing body of the City of Richfield; and WHEREAS, the City of Richfield is a member of the Joint Powers Agreement creating the I-35W Solutions Alliance; and WHEREAS, the Joint Powers Agreement will expire on December 31, 2010, unless the members agree to extend it; and WHEREAS, it is in the best interests of the City of Richfield, the region and the state to continue the work of The I-35W Solutions Alliance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That the City Council of the City of Richfield hereby approves and adopts the Second Amended and Restated Joint Powers Agreement attached to this resolution. 2. That the City Council of the City of Richfield will execute the Second Amended and Restated Joint Powers Agreement, and that a certified copy of this resolution approving it will be filed with the City Clerk of Burnsville, Minnesota. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of November 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~g - ~ SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I-35W SOLUTIONS ALLIANCE Approved by the Board 10/14/10 ~~~J SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE I-35W SOLUTIONS ALLIANCE The parties to this Agreement are Governmental Units of the State of Minnesota which have Iand in the Interstate 35W corridor, or are impacted by I-35W. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59. Section 1. NaYne. The parties hereby create and establish The I-35W Solutions Alliance. Section 2. General Purpose. The purpose of this Agreement is for the Governmental Units to jointly and cooperatively provide an organized effort to facilitate traffic flow and capacity in the I-3 5 W corridor. Section 3. Definitions. Subdivision 1. "Solutions Alliance" means the joint powers organization created by this Agreement the full name of which is "The I-35W Solutions Alliance." Subdivision 2. ``Board" means the Board of Directors of the Solutions Alliance. Subdivision 3. "Ex-Officio Member" means a person or entity selected by the Solutions Alliance to have special status with the Solutions Alliance, with only the rights specified in this Agreement. Subdivision 4. "Governing Body" means the council, board, body or persons in which the powers of a Governmental Unit which is a Member of this Solutions Alliance is vested. Subdivision 5. "Governmental Unit" means any city, county or rail authority that is a party to this Agreement. Subdivision 6. "Member" means a Governmental Unit that is a party to this Agreement. Approved by the Board 10/14/10 ~IP~-y 4. Membership. The Members of the Solutions Alliance shall consist of the following Governmental Units: City of Burnsville City of Bloomington City of Elko New Market City of Lakeville City of Richfield City of Savage Dakota County City of Minneapolis Hennepin County Regional Railroad Authority Scott County No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Governmental Unit listed above to be represented on the Solutions Alliance as long as such Governmental Unit continues to exist as a separate political subdivision. Any other governmental entity may become a Member upon approval of the Board, execution of this Joint Power Agreement, and payment of the contribution prescribed by the Board. 5. Board of Directors. Subdivision 1. The governing body of the Solutions Alliance shall be its Board of Directors, which shall be responsible for managing its affairs, exercising its powers, and performing its duties. Subdivision 2. Each Member shall appoint two Directors and one Alternate. Directors shall serve at the pleasure of the appointing Member and may be removed only by the appointing Member. Vacancies shall be filled only by the appointing Member. Incumbent Directors serve until a successor has been designated. A Member shall provide written notice of appointments to the Secretary of the Solutions Alliance. Subdivision 3. Directors shall serve without compensation from the Solutions Alliance. A Governmental Unit may provide compensation for a Director it appoints to the Board. 2 Approved by the Board 10/14/10 ~~-s Subdivision 4. Each Director shall have one vote. All votes must be cast by Directors or Alternates in attendance at a Board Meeting. Voting by proxy is not permitted. An Alternate may vote only in the absence of a Director of the same Member. Subdivision 5. A quorum shall consist of a majority of the Directors, including Alternates that are in attendance on behalf of absent Directors. Subdivision 6. A vacancy on the Board shall be filled by the Governing Body that made the appointment. Subdivision 7. The Board may create and appoint members to such committees as it determines necessary. Committee members, other than the chair of a committee, need not be a Director. 6. Ex-Officio Members. The Minnesota Department of Transportation, Metropolitan Council, Hennepin County, 494 Corridor Commission, the Minnesota Valley Transit Authority, and State Representatives, State Senators and Metropolitan Council Members whose districts include part or all of a Governmental Unit shall be Ex-Officio Members. The Solutions Alliance Board may designate additional Ex-Officio Members. Ex-Officio Members may participate in discussions of the Solutions Alliance Board but may not vote. The Solutions Alliance may establish such further rules for Ex-Officio Members as it deems fit and proper that are not inconsistent with this agreement. 7. Powers and Duties of the Solution Alliance. The powers and duties of the Solutions Alliance shall include the power or duty to: Subdivision 1. Prepare and adopt a plan and seek passage of legislation by local, state and federal governments to enhance the movement of people and goods and relieve congestion in the I-35W corridor. 3 Approved by the Board 10/14/10 4~-~ Subdivision 2. Cooperate with the Minnesota Department of Transportation and participate in preparation of environmental impact analyses of I-35W improvements, including preliminary geometric design and evaluation ofhigh-occupancy vehicle lanes and transit on I-35W. Subdivision 3. Research and recommend funding strategies to enhance the movement of people and good and relieve congestion in the I-35W corridor. Subdivision 4. Research and recommend funding strategies and seek legislation to improve traffic to relieve congestion, to create alternatives to traveling on I-35W, and to increase and improve the transportation of people and goods in the I-35W corridor. Subdivision 5. Research travel demand management strategies and ordinances, develop model ordinances and recommend joint action on such strategies and ordinances by the Members. Subdivision 6. Research and make recommendations to the Members regarding other matters related to the Solutions Alliance's purpose. Subdivision 7. Cooperate with the Minnesota Department of Transportation and the Metropolitan Council in the development of transit operation plans that impact I-35W. Subdivision 8. Monitor land use development, traffic volumes and travel characteristics in the I-35W corridor. Subdivision 9. Educate members and others on transportation issues regarding the movement of people and goods in the I-35W corridor. Subdivision 10. Consult with persons knowledgeable in transportation, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts and any other persons who can provide pertinent information. 4 Approved by the Board 10/14/10 ~~~~ Subdivision 1 1. Serve as a regional forum and cooperate or contract with the State of Minnesota or any subdivision thereof, the Metropolitan Council, or federal agency or private or public organization to accomplish the purposes for which The I-35W Solutions Alliance is organized. Subdivision 12. Contract for or purchase such insurance as the Board deems necessary for the protection of the Solutions Alliance. Subdivision 13. Accumulate reserve funds for the purposes herein mentioned and invest funds of the Solutions Alliance not currently needed for its operations. Subdivision 14. Collect money, subject to the provisions of this Agreement, from its Members and from any other source approved by a majority of its Board. Subdivision 15. Make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. Contracts in excess of $5,000 must be approved by at least one director from four (4) Members in addition to a majority of directors voting on the contract. Contracts let and purchases made by the Solutions Alliance shall conform to the bid and contracting requirements and policies of Dakota County. Subdivision 16. Recommend changes in this Agreement to its Members. This Agreement may be amended by written agreement of all of the Governmental Units. The Effective Date of the Amendment shall be as provided in Section 13 of this Agreement. Subdivision 17. Exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein. Subdivision 18. Cause to be made an annual audit of the books and accounts of the Solutions Alliance and to make and file a financial report to its Members at least once each year. 5 Approved by the Board 10/14/10 u6-~ Subdivision 19. Keep books and records of The I-35W Solutions Alliance in accordance with Minn. Stat. Ch. 13 at the Administrative Center of the member designated by the Board as the repository for them subject to agreement by the member to serve as the repository. 8. Meetings. Subdivision 1. The Board shall determine the time and place of regular meetings of the Board of Directors and shall hold such meetings as frequently as it determines necessary to carry out the purposes of the Solutions Alliance. At least three days written notice of Board meetings shall be provided to all Members. Subdivision 2. Special meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. Five days written notice of a special meeting shall be given to the Directors and Ex-Officio Members, unless waived in writing by each Director. Subdivision 3. Meetings of the Board and Committees shall be open to the public as required by the Open Meeting Law, Minnesota Statutes Chapter 13D. 9. Officers. Subdivision 1. Number, election, qualifications -The officers of the Board shall consist of a Chair, Vice-Chair, Secretary and Treasurer. Each officer shall be elected annually by the Board and shall hold office until their successor takes office, earlier disqualification, death, resignation, or termination of appointment as a Director. All officers must be Directors. No two officers may be from the same Member. Subdivision 2. Chair; Vice-Chair -The Chair shall preside at all meetings of the Board and shall perform all duties incident to the office of Chair, and such other duties as may be delegated by the Board. The Vice-Chair shall act as Chair in the absence of the Chair. 6 Approved by the Board 10/14/10 `-l/~ i Subdivision 3. Secretary -The Secretary shall be responsible for keeping a record of all the proceedings of the Solutions Alliance. The Secretary may designate a person or persons to assist the Secretary in performance of their duties. The Secretary shall send written notice of meetings and material pertaining to agenda items to each Director and Ex-Officio Members. Subdivision 4. Treasurer -The Treasurer shall have custody of the Solutions Alliance's funds, shall collect its annual dues, pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Solutions Alliance. The Treasurer shall be responsible for such other matters as shall be delegated by the Board. Subdivision 5. Other Officers -The Board may appoint other officers as it deems necessary. 10. Finances. Subdivision 1. The Solutions Alliance funds may be expended by the Board in accordance with this Agreement and in a manner determined by the Board. The Board may designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the Solutions Alliance funds. It may contract with a Member to provide services and assistance regarding its funds. The Solutions Alliance shall designate up to four (4) Directors who shall be authorized to sign instruments. In no event shall there be a disbursement of Solutions Alliance funds without the signature of at least two of the designated authorized signatories. Subdivision 2. Each Member agrees to contribute annual dues to a general fund of the Solutions Alliance, said fund to be used for general administration purposes including, but not limited to: contracts for services and goods, salaries, supplies, carrying out the purpose of this Agreement, insurance and bonds. The annual dues t:o be contributed by each Member shall be 7 Approved by the Board 10/14/10 ~f~~~° determined in accordance with a funding formula approved by the Board, and shall be paid by March 1 of each year. Subdivision 3. On or before July 1 of each year, the Board shall adopt a general administrative budget for the ensuing year and decide upon the total amount necessary for the general Fund. The Treasurer of the Board shall certify the budget on or before July 1 to the clerk of each Member Governmental Unit, together with a statement of the proportion of the budget to be contributed by each Member as annual dues. Subdivision 4. Any Member may withdraw from the Solutions Alliance by giving notice to the Chair of the Solutions Alliance of such action by the Member's Governing Body prior to August 1. Any Member withdrawing under this provision shall have no further liability or obligation to the Solutions Alliance except for payment of its annual dues for the year in which it withdraws, and shall not be entitled to any refund from the Solutions Alliance. The withdrawal shall be effective on December 31 of the year of withdrawal, unless an earlier date is specified by the withdrawing Member. Subdivision 5. Any Member that has withdrawn from the Solutions Alliance, may, with the approval of the Board continue as an Ex-Officio Member without further financial contribution to the Solutions Alliance. 11. Miscellaneous. Subdivision 1. Any Member may conduct separate or concurrent studies on any matter under study by the Solutions Alliance. 8 Approved by the Board 10/14/10 ~{~-~~ 12. Duration. Subdivision 1. Each Member agrees to be bound by the terms of this Agreement until December 31, 2020. This Agreement may be continued thereafter upon the written agreement of all the Members. Subdivision 2. This Agreement may be terminated prior to December 31, 2020, by the written agreement of 3/4 of the Members. Subdivision 3. In addition to termination under Subdivision 2, above, any Member may petition the Board to dissolve the Solutions Alliance. Upon 30 days' notice in writing to the clerk of each Member, the Board shall hold a meeting and upon affirmative vote by 3/4 of all eligible votes of then existing Directors, the Board may pass a resolution recommending that the Solutions Alliance be dissolved. If such a resolution is passed by the Board, the resolution shall be submitted to each Member and if ratified by 3/4 of the Governing Bodies of all Members within 60 days of the date the Board passed the resolution, the Board shall dissolve the Solutions Alliance after completing work in progress and disposing of all property owned by the Solutions Alliance. 13. Dissolution. Upon dissolution of the Solutions Alliance, all property of the Solutions Alliance shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the Members of the Solutions Alliance. Such distribution of Solutions Alliance assets to the Members shall be made in proportion to the annual dues each contributed to the Solutions Alliance as required by the last annual budget. The Chair shall notify all Members of the Solutions Alliance when the dissolution process and distribution of property has been completed, and at that time the Solution Alliance shall be dissolved. 14. Separate Public Entity. 9 Approved by the Board 10/14/10 ~~ -o~ Subdivision 1. The I-35W Solutions Alliance is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The I-35W Solutions Alliance shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of Minn. Stat. Ch. 466. Subdivision 2. The I-35W Solutions Alliance shall fully defend, indemnify and hold harmless the parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board of Directors andlor agents of the I-35W Solutions Alliance. This Agreement to indemnify and hold harmless does not constitute a waiver of limitations on liability provided under Minn. Stat. Sec. 466.04. To the full extent permitted bylaw, action by parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in M.S.§. 471.59, Subd. la(a), provided further that for purposes of that statute, each party to the Agreement expressly declines responsibility for the acts or omissions of the other parties. The parties to this Agreement are not liable for the acts or omissions of the other parties to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. 15. Effective Date. This Amended and Restated Joint Powers Agreement shall be effective December 31, 2010, after all Members file a certified copy of a resolution approving the Amendment and upon the execution of this Agreement by all Members. All Members need not sign the same copy. Each Member shall file the resolution and signed Agreement with the 10 Approved by the t3oard 10/14/10 ~~-~3 City Manager of the City of Burnsville, who shall notify the Members in writing when all Members have done so. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their Governing Bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the Board 10/-14/10 ~ g -1~( CITY OF BLOOMINGTON Approved by the City Council on BY: Attest 2010 CITY OF BURNSVILLE Approved by the City Council on BY: Attest 2010 CITY OF ELKO NEW MARKET BY: Approved by the City Council on Attest 2010 CITY OF LAKEVILLE Approved by the City Council on BY: Attest 2010 CITY OF MINNEAPOLIS Approved by the City Council on BY: Attest , 2010 CITY OF RICHFIELD Approved by the City Council on BY: Attest , 2010 CITY OF SAVAGE Approved by the City Council on BY: Attest , 2010 DAKOTA COUNTY Approved by the Dakota County Board BY: Attest , 2010 HENNEPIN COUNTY REGIONAL RAIL AUTHORITY Approved by the Hennepin County Board BY: Attest , 2010 SCOTT COUNTY Approved by Scott County Board BY: Attest , 2010 TL: 124505v3 12 Approved by the Board 10/14/10 ~ $ - i~ THE 1~35Vt! SCtLUTIONS ALL6ANCE DUE5 ~OLlCY WHEREAS: 1. Although The 1-35W Solutions Alliance has not previously adopted an explicit statement of the population categories for assessing tines, the dares paid by members have been based upon the poprlation of the rr~rer7~ber; and ~, As the poptriatior~ of r~~embers changes, it is desirable to have an explicit policy for ~rssessing dies, THEI~EEt~RE BE li RES~~I.~.lEE3 that the Board r~tic~pts thc~ fc~llc~wir~g polir_y; There shall b~~ three categories cif dues based upon t#~ae following population bands: F~o~Jlllation DUBS CY~te~~or~ :19,999 or less $2,000 20,000 to 59,999 $3,000 60,000 and above $E>,000 Adopted by the Board of Directors on August 12, 2010, THE I-35W SOLUTIONS ALLIANCE Cht~ir ray r _ `~ Secretary y~ - ~~ licinbcr 13ei~iber i~~3nxitia°s: Cili~•s, Dakota Bloonlin~toa~i t?a~r,lir~pin Surns~ille Scott Lt~kee~lle i~2inne<~poli Richfield ~~ i-3SVi~ Solutions t~liiance was established in :1~~3~ by ~ Joint Bowers Agreement among the cities of E3urr~sville, ~loon~ington, Lakeville, Richfield, Apple Valley, fvlinneapoiis ar~d Savage, f~~rkota County anti t~t~~arrepin t:ounty. Scott Ci~tr'r~ty lrttea-joined tie ~~lliance. Leadership hi~rnsvilie r~t,3~,~~r 1)tirn lVlt:t~lrc~y° ~:~r'c~vid>d t~3t c re<~tivi~ ~;•ision anti i~~,~~ thr~ g;tritiir~g ft}rfe ir'r e,rt=atic`sn e~ri i°ht~ i- $S~~t ti~~ititi~~r~~ A1li=~ntt', sc3rvint as they c-i~air trr7tii l~ta way c}lr~~ t~ri 1:i7 t~i~ Ht}itsiz e~f Fte~~resentative~s ir} :1~1~=~. [~akz~t<~ t;t3r~~rt,issit~nt'r' Nii..r~ae1 Tr;rrre~r k~e~canit~ tin3 ~~~t:or,d tl~t7ir in J<rrrea~ry l~)9`i <~rrd served wiit7 distinction atiati9 i~:s retirement at thy: end of ?t~l~~. {tie.hfield e.ity c e.~tsrrcil r7~er3~l~er Suzanne Santi<~hl w~~s t~lected chair in .ianu<~ry~ ?C)t)). Missit~n ~io support increasing the capacity of the i-35\iV corridt~r tc~ n~~?ve people ar7d goods safely through in~provemQnts to transit and highways. History a# Accomplishments 1 t)tJ -- Z()~3CJ • Initiated and prornuigated the concept of balanced funding for roads acid transit. • t:ontinued Support for adc~c~i.rate funding fear mass Iran=sit • Se.rppor~tee~ a dedicated sot-rrc~~ of nomproperty tax funding; fe_~r transit • t:trntinued Sui~pi~rt ant, n~t3r~itc~r'int ofi fundinf; fear Io~:al f~ridgcs. • 5uppr>r~if~rl fe-rndir~g tc~ build the nrei~a-pre~jec :3, parti+~e3i~rrly tlrc re~buiidirig ea9~ ! ?`~W. • t?g~~rtizeti a transpt~rtatic~n Sirrrlrnlt Irs 1'~yti and pr~yc~rft~'el thr~ whim l:~a~>er fi C:rtttr.rtf iVF>t't: ~ta~t<>+irrt~~`ur 1V7fnrrt5s()~rr }fac~trevey aracl 7r~trrsi!,'" wirit:lr pre7pt~sed funding alternatives including a gas tt3x anc ra dedicated trarisportatiori fiuntt in the rnei:r'c~ area suppt~rtc_tl 1~y a salE~s tax. • In 19~~ served as the honest broker to bring together t:onlpeting highway and transit advocates {~~5 organizations} to mind t.omra~x~r ground and for;t~ a united fi~ont for i~unding. • Spearheaded cooperation between various other organizations pron~~oting transportation interests sr-rch as Nlir~nesota Cl~~arT~ber, ~l~3ir7neapolis Lhamb?r, gloorr7ington t;:hamber, )~rar~sportation Alliance, ~issciciated tit~neral C;nntractors z~nd Highv+~ay C-onstrtiction fr7clust.r-y C-o~rnr_il. Supported constitutional arrrendmer?t dedicating a portion i~~f t~7e MVS7~ to multi-nodal ~~rarrsportation fund leading to passage in ?~06. ~(~ - ~ ~ • Supparted lig}~at rail transit in the !-[iau~~at~~a come ~r. a Contractually included St. Lords Park and Edina in managing feasibility study of camrnuter rail on the Dar? Patch line. • Supparted expansion of additional lanes, busways and other rneasr~res to impraue traffic flood in tt~e 1-35W corridor. • Mc~nitr~red and supported constrractiort of express lanes frorra 46"' Street to I-94 on i-35W. • Supported transit and l-fC3V irraprcwentents to I-494. w tiJVorked with Metropolitan t:ouncil, MnDC~T anif r7aunicipalities to enseare proper sitint; and construction of transit stations along I-3SW. Supported development: a{ rand c.r~ruaection arraang the Hiawatha Corridor and the Cedar Avenue Trar~sitway. Suppt?rted funding tc~ build HC)V 1<artf:s, HC)~,~ bypass rt~rnp5 artd rr~eierecl ar~cryss aliang 1~3t3W from Lak+willa~ t~~ !-{~4 ft~r t~c>th at«rtl~a <uiri :,c)uth Ex)a~rad fratfit:. • Supf~orted high spc:~c~d bus si~rvii.k ~alcarag I-3'>W arui trarl5it st:aiiuns pit f~ti"' Eif~"' 8,~"", ~3~j'' arti~ lake `3ireF~ts. ~~ C3ppased redurtii~n in tal:~ (ties anti the lass of 515U ri~iliior7 in trunk 17ighway farads, t~rgani~ed and participated in coalition of transit and highway advocates to iraClude $1.44 million far transportation aa7d transit in the 1.998 transportation and Public Safety Finance and Capital Cianding bills, providing the first significant new money for roads and bridges in 1t~ years and authorizing building the first light rail line in Minnesota. Supported increased transit: tine highway capacity in the i-liawatha/Cedar Averti~e corridor to relieve congestion and improve traffic ~tlow crn l-SSW. Sought funding to rebuild the 135W and I-494 intercl~arage. Supparted construction of a new bridge aver 1-35W at ?~wy 10 in i.akeviile. Supported traffic flow ir~ar'iroverrients in Hwy a~9 corridor to relieve r aragestior~ can E-3'~W. flppased development of personal rapid traa9sit <aic~ng 1 35W. 5upportc~d ft_anding to built l-lt_?l~ l~araes arad byt~zas°> rar77ps .era t:l~ ~Ct ~anci i:K ~IU and E-lvrry :35 in Lakeville :arid ;ac.artla lt> Divvy 1 ~. l+~#ctr'kecl tr3 r~lin~ir3ai~. (ighi; <~rtrf c rc?r>sir7t;s ora l-lvvy l~i~ (a~~tvvesyn I-jtt)~l <tr7cl Miranesc~tra KivEsr, Sra}~}~ort:ed rec~}n>trr~ctian of Ftwy :l ~ bi~tvveen 'riwy `!f3~) tend 1-zS~V. ~ `ataphortecl ftttarliiig far anti r-e,:.3ra~;trttction of tt~t i t`3V~//HwS~ {~~ Crosstown comn~ans and prcwkied a venue to resolve isst;e~ amont; nien~abers, it>]nD~~T anci the Mt>trr~~pr3litan t~c~iani:il. • t'articipatec! ire the Metrc.~politan t~ai~ncil's 1 ransportation C~emar~d Management arganizatian. e Supported change ire law to temporarily allow rase of bighvvay trust funds far transit to alleviate congestion during reconstruction ref <, major praject- Supported ~! cent gas Tax increase dedicated to the }°aighway i.rser trr.ast fund. ~ 5tipported ftanding to btaild Ht`~V l~~nes, t:an 1-35aA/ bn~tvv en (alb 7(1 and 1 is~n~ 't 3, Supported high-speed bt~s service can 1-35utiI beginninc; ~3r_ {::C~ 46 in Dakota (_~ounty tc, downtown Minneapolis- u~-i~ Supparte;~ car~streretian of a r~eLV bridge aver ~R £;0 xrt 1-3~>W- s Created ~~e~site intended to ~)e the partal far questit)ns at~otrt transportatian issues, + Workt d twit#, ether orgaotizatic)r)s to c9eterr))ine if '(~i~ll/1 and cangestian pricing we)uld help alleviate c.or~gescit)r) r) the> 1--SSW carr'idt~r. • +~ ~~-s~tans+~rec! `~Strr))t~)it e)n t:r)r)testiort' itr t;c)upt'r<3iit)r) ~vitP) they ~~)tl c:t~rnr)iissirrn arui t)tht~r ;_)rgY~ r)iz~atiar)s, U})d)tt~ci, revised anel tiistri!)i1ti'd thr 13ikr WhiCc: i3~~l,t?r t~r)tlfle?;l ",L} <?iti('cr11Vt'r~rl.' ~t.rntlitrr~~a~ )~%~171J7Y`itJ~t'/ i~li/~11~1/f7Vs t:r'tI(7 .~1'71?t'i', • 1~ef~rr) #)a;tir3g tral)spartatie?n torrtn)s ire t~le~c:tian ye~~r<; fi)r tell lEatislative c:andid~atr~s withir) the !-~i~W t-aic htrrer~i ar'e<~. ~t7C?3 - ~ Jt~~l • Ivlonitc~red take Street project in ~~ir~r)eapolis inr~lttdrrtg i-:3yU1 nc)rth cif 46tr, street. S~rppc~rted Cedar avenue #~us+nlay frart~ (vlall of Aar)e~rica is tipple i,~alley <~»d Lakeville, Suppe~rted ar)d rnonitared carr~pletic)r~ of the E3RT study are I-35W from Lakeville to downtown Minneapolis, and facilitated planning and irnplen~en~tatian of BRT in this corridor, • C:or)tinued cor+lition building key warl<ir~g with the i~tasca C~rairp and Senator ~Ulurphy's Working gaups to promote transportation issue=s. + ~advar:ated far' gas tax, tab fee ar~d sales tax increases to fund transportation. ~ Supp~trte~ci ,~a~s,~f;e of $ l l~iliion transpt)rCatiat) ft.lr)dina bill t#lat was vetoed. • 3'at'tit,rt)ated in c:~~<)litiar) {vlii~r~c=~se)t~=rtes far' #~ettt~r ~a:~r1=, ar~r:! ~~ t°Ear~_<.it. 9 ~\lvi)c a~r d <~ilil st,appi)r iF:f! `~ ~`>~) n!Il11C)tl rE'i;t}11`.trttt tlt.7i; C?# Iht' I a`>1,lyJ and NwV ~>~ r:{)nlIT1C)n;~ i3r`ec~ and ~al~~tf~ci ittr{)rt~vel?ter7ts. o i)s't~rnatd, facili'tateel and i:)e>r~itored Urk)arj 1'.rrtnt~rship ~agrt'ernertt ;z.~(',~?. • 1`tlanitareii activiiies and fundir)~, associated l„i,it#~ the 1 35W 1)rid~F: c:e)liapse. » `>upported'v~eriele of ~~uver,~err~'=~ veto at~r_3 ~~ass~3~~e t~(t h. "j 52 teat authc)ri~ed ne~,v revenues to rr)eet tiansportatian r7eeds ir~c~udrr~~L, int reasPS rn has tax arrr__ t~) ~ ees, w ee age tax, rnetra area sales tax, ;~e)nding, ~3rrd c#tange in (~S.'~i-1 (arrr)u1a, thr_; r~re)st srgr3ific:ant trarrsport.atiar7 finant:e hill in 20 ~tisea rs. ~ 4t_rppr_~rted cant-orri~tant expansic~ra t~# st~tvi~rv~s tend ttt ~ ~ ar)sit Taxing (7i.~trir~t. Supported dedir.ated transit lanes and constrt,~ctir~ri of E3R"l~ stations an 1-35W as part of UPR. Srspparted addition of a lane far 8ft~i ors Hv=~Y 62 from 1-~wy 73 to hortland ,'eve. Supported funding for the planning and earlstrsrctit)n of a new irti:ert~har?ge at `311i`'~ Street to replace tla.e (:li#-(<)r~d 131ac#<c.la~; Re)arl interc.i~ar7f,c,;. ~uppc~ited tir~~ ~~rlelitic~rt t~fi t~~rr~ l~~nes <~)rt 1 _~'31N fr'nrr~ B;_rrn;~till~~ P<rrk~njay sr~ttth tt) tiwy 7O. • ti>rr#)#~t?? t}~;; ~~ tran~;il ~l:aii;?n =~i~i~ pjrk ~~i7d ri~~~ Ic;rt uvilh c.rr#~at~ity f~)i <~i ic~:~st ~`t':;t) yr riir:ltzs r)ra I- 7W )catt~~t~r~n iijn~y~ ':lt; ~n:l Std. ~ g - I°I Supported congestiar~ n~itigdtion peojects that irtiprove traftic flaw ~~nd ran be accomplished without legislation using funds appropriated to MnI~C~ (~ for suctr prrrposes. Reco~nirt:t for its role in organirirrg loc~rl goverr~meni c>ificials along; 1 ..=35W to support selection of i~ ~~~W for firnding r_rnder tyre Urban F~artr~ers#~rip Agrr~r~srr~r>nt. • I~ecogni~eti tE"rat tl5e strerrgth otThe I-_35W 5olutioi~rs A(Iianr.F~ wt~~~, a factor in seiec~.ting the corridor I;)r l~(~t~ f~rndirtg. Supported legislation ~7pprovirrg iViinnesot~~'s firranci~~rl r.r.~rnrr7itrrrei~t to t~unding the UPS. • 7~he 1-35W 5oiutirr~s f~,IDance was r°~co~nize~i ire ttr~ nation~~f evaluation of the Minne5ot:a Urhar~ Partnership ~preen~ent as having played a critical role in tl~~e process of ;ainir7g consensus on an application and obtaining support from the legislature and governor. AGENDA SECTION: (;nnsent AGENDA ITEM # 4C REPORT # ~ Qq STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: BETSY OSBORN ,SUPPORT SERVICES MANAGER NfIM&', TitG6 DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~> , ~~ < , ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2011 for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. L RECOMMENDED ACTION: By Motion: Approval of a public hearing to be held December 14, 2010, for the renewal of pawnbroker and secondhand goods dealer licenses for 2011 for: 1. Metro Pawn and Gun, Inc., and 2. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2011. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 14, 2010 will provide ample time to complete the licensing process before January 1, 2011. 1109 Set Hearing for Pawnbroker & Secondhand Goods Licenses III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 4D REPORT # 200 rl STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~' ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2011 and setting public hearing date. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 14, 2010, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2011 for: 1. Red Pepper Chinese Restaurant, 2. Thompson's Fireside Pizza, 3. Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, 4. Patrick's Bakery & Cafe, 5. Lariat Lanes, 6. The Noodle Shop -Colorado, Inc. d/b/a Noodles and Company, and, 7. Jov's Pattava Thai Restaurant. II. BACKGROUND The on-sale wine and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2011. Hearings must be scheduled and held before a renewal license may be considered. 1109 Set Hearing for Wine & Malt Liquor Licenses The renewal process has been initiated. Holding the public hearing on December 14, 2010 will provide ample time to complete the licensing process before January 1, 2011. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 4F. REPORT # ~ n i . k>' ~f .3 F ~ ,3:~ . ~. .W ~,z. ., STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER NaNtE, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ,;> ,. .~ ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2011 and setting date of public hearing. I. RECOMMENDED ACTION: By Motion: Approval of a public hearing to be held December 14, 2010, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2011 for: 1. Khan's Mongo{ian Barbeque, 2. Champps Operating Corporation d/b/a Champp's Restaurant, 3. Minneapolis-Richfield American Legion Post 435, 4. Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink, 5. Don Pablo's Operating Corporation d/b/a Don Pablo's, 6. Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar, 7. The Frenchmans, 8. EI Tejaban Mes. Grill, and 9. Jun Bo Chinese Restaurant. IL BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2011. 1109 Set Hearing On Sale Intoxicating Liquor and Sunday Liquor Licenses Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 14, 2010 will provide ample time to complete the licensing process before January 1, 2011. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all liquor license renewals. B. CRITICAL IssuEs • N/A C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V . ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: ~e$se~~ AGENDA ITEM # 4F REPORT # X02 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES MANAGER Nang;, TiT~c~ DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request from the State of Minnesota to review the request for the renewal of '' currency exchange licenses for New Unbank Company LLC, 6421 Penn Avenue South and Los Gallos 12, Inc., 6539-B 14th Avenue South, Richfield. I. RECOMMENDED ACTION: By Motion: Approve the request for the renewal of currency exchange licenses for: 1. New Unbank Company, LLC., 6421 Penn Avenue South, Richfield, and 2. Los Gallos 12, Inc., 6539-B 14th Avenue South, Richfield II. BACKGROUND On October 8, 2010 the City received notification from the State of Minnesota, Department of Commerce, of renewal applications for currency exchange licenses in the name of New Unbank Company LLP, 6421 Penn Avenue South and Los Gallos 12, Inc., 6539-B 14th Avenue South. All of the information required by the State of Minnesota has been provided by New Unbank Company LLP and Los Gallos 12, Inc. In addition, the background investigation conducted by the Bureau of Criminal Apprehension found no information on any of the applicants. 1109 Renewal of Currency Exchange Licenses The applicants have complied with State Statute 53A.04 for currency exchange licenses with the State of Minnesota. Public Safety staff checked the number of Public Safety/Police contacts the establishment has had in the previous year. The New Unbank Company, LLC has had two Public Safety/Police contacts during the past year. One contact involved a theft and the other involved an assist. Los Gallos 12, Inc. has also had two Public Safety contacts during the past year. One contact involved a barking dog and the other involved suspicious activity. III. BASIS OF RECOMMENDATION A. POLICY • A license for this type of business is not required in the City. However, effective on April 24, 1992, Minnesota Statute 53A.04 ' requires that the Department of Commerce submits any application for licensure as a currency exchange license to the governing body of the municipality in which the business proposes to conduct business. • This law also requires the governing municipality to render a decision regarding issuance or denial of the license within 60 days of the receipt of the State's notification. • The State requires that the applicant submit the following information when applying for this type of license: - License fees in the amount of $500. - A current fee schedule used for cashing checks, money orders, or traveler's checks. - A surety bond in the amount of $10,000. - Any owner, partner, director, stockholder (owning 10% or more of the corporate stock) or any employee with the authority to exercise management or policy control over the company must submit to a background investigation by the Bureau of Criminal Apprehension. B. CRITICAL TIMING ISSUES • The City must reach a decision regarding issuance or denial of the license within the 60 days noted above. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A ALTERNATIVE RECOMMENDATION(S~ • eny t e request or t e renewa o t e currency exchange licenses for New Unbank Company, LLC and Los Gallos 12, Inc. However, the Public Safety Department has found no reason to deny the requested licenses. ~ V. ATTACHMENTS ~ ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ e AGENDA SECTION: Gease„~- AGENDA ITEM # /~ REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 201 ~ REPORT PREPARED BY: CORRINE HEINE, CITY ATTORNEY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~, ITEM FOR COUNCIL CONSIDERATION: Approval of Agreement with Bigos-Richfield Towers, LLC for maintenance of a sump manhole at 7717 Chicago Avenue. I. RECOMMENDED ACTION: By Motion: Approve the Agreement with Bigos-Richfield Towers, LLC relating to the maintenance of the sump manhole at 7717 Chicago Avenue. II. BACKGROUND The owner of the Richfield Towers has obtained a permit for expansion of its parking lot at 7717 Chicago Avenue. The permit requires the installation of a sump manhole, at their expense, for the purpose of treating storm water run-off before it enters the City's storm sewer system. The City requires that the property owner also execute an agreement to provide for annual maintenance and cleaning of the sump manhole. III. BASIS OF RECOMMENDATION A. POLICY • The City requires installation of a sump manhole in order to provide water quality treatment before the storm water enters the City's storm water system. 1109107717ChicagoAgreement • The Agreement provides for annual inspection and maintenance of the sump manhole by the City, to ensure it is operating properly. B. CRITICAL TIMING ISSUES • If the agreement is approved, weather permitting, the property owner would construct its parking improvements this fall. C. FINANCIAL • The agreement requires the property owner to reimburse the City for costs of annual maintenance and cleaning. D. LEGAL • N/A. E. ENVIRONMENTAL CONSIDERATIONS • The installation and annual maintenance of the sump manhole is a Best Management Practice for treatment of storm water. IV. ALTERNATIVE IZECOMMENDATION~S~ • None. V. ATTACHMENTS • Proposed Agreement. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. 377399v1 CAH RC160-4 r 4~-~ AGREEMENT THIS AGREEMENT made and entered into as of the day of 2010 by and between Bigos-Richfield Towers, LLC, a Minnesota limited liability company, ("Towers"} and the CITY OF RICHFIELD, a Minnesota municipal corporation ("City"). Recitals 1. Towers is the owner of a certain tract and parcel of land lying within the City on land legally described in the attached Exhibit A ("Property"). 2. Pursuant to approval granted by the -City, Towers has constructed a parking lot expansion and related storm drainage improvements on the Properly, which drainage improvements empty into the City's storm sewer system ("City System") 3. The drainage improvements include a sump manhole ("Sump Manhole"} that will treat storm water before it enters the City System. The Sump Manhole is designed to remove sand, gravel and other particles from the storm water passing through the Towers System prior to its entry into the City System. 4. In order for the Sump Manhole to function as designed, the accumulated particles must be removed from time to time. 5. The parties are desirous of entering into this agreement for the purpose of authorizing the City to enter onto the Property from time to time for the purpose of inspecting and maintaining the Sump Manhole as hereinafter provided. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties hereby agree as follows: 1. Inspection and Cleaning, Towers hereby grants the City, its officers, agents and employees the right to enter upon the Property at intervals of once every 12 months, or more often if requested by Towers, solely for the purpose of inspecting, and cleaning the Sump Manhole; provided, however, that the City's access to the Property and inspection and/or cleaning does not 375971v3 CAHRC160-4 1 y y~ -a unreasonably interfere with Towers' use of the Property. The area affected by this Agreement is the improved parking area on the Property, shown on the attached Exhibit B. Upon the request of Towers, the area affected by this Agreement shall be legally described and recorded as a supplemental agreement, at Towers' sole cost and expense, to specifically describe the area of the maintenance easement. 2. Reimburse Cost. Towers agrees that it will reimburse the City for the cost of all such activities based upon the City's normal charge rate for such activities. In the event of any necessary maintenance or repair work which is estimated to exceed $5,000, the City shall give Towers notice of the need for such work and Towers shall have fifteen days from the date of such notice to secure performance of the work by a third party: 3. Indemnity. The City hereby indemnifies, and agrees to hold harmless, Towers its. officers, agents and employees from any damage or personal injury of whatever nature occasioned by or arising out of negligence or willful misconduct by the City in exercising its rights hereunder. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and supersedes all prior agreements, arrangements and understandings written or oral. 5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. Recording. Towers shall place this Agreement, or a memorandum thereof, of record in the land records of the County where the Project is located within 20 days following its execution by the parties. 8. Counterparts. This Agreement may be executed in one or more counterparts, each of which, when so executed and delivered, shall be an original, but together, shall constitute one and the same instrument. 375971v3 CAH RC160-4 2 yC~-3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ` BIGOS- RICHFIELD TOWERS LLC By By Its Manager CITY OF RICHFIELD Its Mayor By Its City Manager 375971v3 CAH RC16011 3 r ACKNOWLEDGEMENT STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) ~~ '~ The foregoing instrument was acknowledged before me this day of , 2010 by Debbie Goettel and Steven L. Devich, the Mayor and City Manager respectively on the City of Richfield, a Minnesota municipal corporation on behalf of said City. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2010 by ,the manager of Bigos-Richfield Towers LLC, a limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (CAH) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 375971v3 CAH RC160-4 4 y~-~ EXHIBIT A The West %2 of the Southwest % of the Southeast % of the Southwest % of Section 35, Township 28 North, Range 24, West of the 4~' Principal Meridian, according to the U.S. Government Survey thereof, Hennepin County, Minnesota. 375971v3 CAH RC160-4 5 "1 EXHIBIT B (Scale has been altered) ~ ~ ~s ~---~ ~ w e _ _ z ~~ '~~ cs ~ N~ rzi _ ~. u Ys _w ~ ~ ~, ~`N ~~ - Sw °° ¢ z < .. ~ ~y o u ~ ~ n v, ~ w > rn ZT~~ Q .' ~.: ':.'l. -~:j I ` ° `" ~ O. 4 6. K Z ~ ~ ~ Z W ~ N li ~ ~~ d'Nr ns ,i ~! I ~ m mZ 4 z ~ jo ~ O ,~ ~ I T ~ d '' 8Y U d NZ J U ~ C¢-J . .. 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I II -T--- ----I -- Vim. ; - -- ---- --- ~ ~~ g~ ~ v li i! _~ __'__- ~ ~~ 5 g s Z ~ 4i r (( ~~ I~~ ~~€ it I i it ii I! t p II ~ ~~ Z } Z ~ 'I 3Nn uz~doaa I~ ~ ~ ~ O anraand oodo!HO Oc9 ~ZV= ~~ 375971v3 CAHRC160-4 1 AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW REVIEWED BY CITY MANAGER: JAY HENTHORNE, POLICE LIEUTENANT ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Chief's Towing, Inc. for Public Safety towing services for December 1, 2010 through November 30, 2011. I. RECOMMENDED ACTION: By Motion: • Approve the renewal of the attached contract for Public Safety towing services, December 1, 2010 through November 30, 2011, between the City of Richfield and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN. • Prices will reflect a 2% cost of living increase in fees for all services except the fees for forfeited vehicles which will not increase. II. BACKGROUND ' The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services. Chief's Towing, Inc. was awarded the contract for 2010 and would like to renew the contract for the year 2011, as the contract expires on November 30, 2010. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. Chief's Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the previous 1109 Renewal of Chief's Towing Service Contract for 2011 contract period was satisfactory. They meet all requirements stated in the contract and currently tow for Bloomington Police, as well. III. BASIS OF RECOMMENDATION A. POLICY ~ • Chief's notified the City that they wish to renew the contract for 2011. • The Public Safety Department wishes to renew the contract with Chief's Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets all contract requirements. B. CRITICAL ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1, 2010, Public Safety must have towing services. This is particularly important with the possibility of snow emergencies occurring at any time. • Chief's is a large towing company that can handle the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle effectively. • The current contract with Chief's reflects rates from 2010. Rates will increase 2% for the period December 1, 2010 -November 30, 2011, with the exception of the forfeited vehicle fees which will not increase, per the attached letter from Jeffery Schoenborn, General Manager of Chief's Towing. • There is adequate funding in the Public Safety budget to cover the costs. • The City Attorney has reviewed and approved the past contract with Chief's Towing, Inc. I E. ENVIRONMENTAL CONSIDERATIONS I IV. ALTERNATIVE RECOMMENDATION(S) • Do not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2010. V. ATTACHMENTS • Letter from J. Schoenborn, GM of Chief's Towing, Inc. • 2010-2011 Contract with Chief's Towing, Inc. Price Sheet for Towing, Impounding & Storage VI. PRINCIPAL PARTIES EXPECTED AT MEETING • No one. GN--i Chief s Towing, Inc 8610 Harriet Ave. South Bloomington, MN 55420 ph 952-888-2201 watts 800-888-2201 October 21, 2010 City of Richfield Richfield Public Safety Deparhnent Mr. Jay Henthorne 6700 Portland Avenue South Richfield, MN 55423 RE: CONTRACT FOR TOWING OF CITY VEHICLES, IMPOUNDING AND STORAGE OF MOTOR VEHICLES CONTRACT DECEMBER 1, 2010 THRU NOVEMBER 30, 2011. Dear Mr. Henthorne; We at Chief s Towing, Inc. would like to take this opportunity to thank you for allowing us to perform the towing, impound and storage of motor vehicles for the City of Richfield this past year. We would like to extend the contract for an additional (1) year period if such an extension is permitted by the City of Richfield and approved by the Richfield City Council. According to the Bureau of Labor Statistics the Consumer Price Index from September 2009 thru September 2010 equates out to a Z% increase. This is the amount we will be requesting for our cost of living increase. We WILL NOT be increasing the fee's charged for forfeited vehicles, but would like your continued support in having the vehicles removed in a timely manner. Below is the link to the Bureau of Labor Statistics, We compared September 2009 and September 2010 to get the figures needed for the equation. ftp://ftp.bls.gov/Laub/special.~•e _c~sts/cpi/c~ai.tYt S,in~cerely r~~ L2~G G~ E Jeffery R. Schoenborn Chief s Towing, Inc. General Manager SO/JS enc ~~~Jw~chiefstowin -.corn u~-~- AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2010, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor") WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2010, to November 30, 2011, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the y~ -~ Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered /~ employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further 1.~ ;~ S agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $152.00 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate ~-(l~ -~ ~ compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. ~ ~k - ~ DATED: DATED: DATED: CITY OF RICHFIELD BY: Its Mayor BY: Its Manager CHIEF'S TOWING, INC. BY: Its: `C`-~ ~~ EXHIBIT A 2010-2011 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2010 and terminate on November 30, 2011. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council. At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be in the hands of the proper Director of Public Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 1686 and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: 1. The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. (J ~ r "1 All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat the public courteously at all times. Request for service from the Richfield Police Department must be given priority by all dispatchers. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While performing under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays), and from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. ~~ - c~ 10.It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12.The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13.If an involved private owner/operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. ~~ ~ (t 18. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the event any policy is canceled or a material change is effected and each policy must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to the approval by the Richfield City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. u ~1- (~-- City of Richfield, MN REVISED PROPOSAL FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES EXHIBIT B Consumer Price Index Increase 12/01/09 As It Pertains To 12/01/10 Thru "Transportation" thru 11/30/10 0.0% 11/30/11 Towing of impounded cars, trucks (under 1 YZ ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers towed within the City of Richfield $ 78.00 -0- $ 80.00 Towing charge for the same from outside the City of Richfield $ 78.00 -0- $ 80.00 Mileage charge for same $ 3.15 -0- $ 3.22 Towing of trucks (larger than 1 ton capacity) within the City of Richfield $130.00 -0- $ 133.00 Towing charge for same outside the City of Richfield $130.00 -0- $133.00 Mileage charge for same $ 3.15 -0- $ 3.22 Use of Winch with a tow Car (Per hour maximum of $67.39) $ 20.00 -0- $ 20.00 Truck (Per hour maximum of $111.44) $ 32.00 -0- $ 33.00 Use of Dolly $ 20.00 -0- $ 20.00 Use of low-bed trailer or truck (flatbed required) $ 98.00 -0- $100.00 Storage Charges First 24 hours or fraction thereof: Inside Storage $ 35.00 -0- $ 36.00 Outside Storage $ 25.00 -0- $ 26.00 Each additional 24 hours of fraction thereof: Inside Storage $ 35.00 -0- $ 36.00 Outside Storage $ 25.00 -0- $ 26.00 Forfeitures Vehicles forfeited to the City of Richfield $152.00 NO CHANGE $ 152.00 City owned vehicles Towing city owned vehicle less than 1 ton within City of Richfield $38.00 -0- $ 39.00 Mileage charge for same outside City $3.15 -0- $ 3.22 " Cenfs are rounded to the nearest dollar except mileage www.chiefstowing.com AGENDA SECTION: _ public HearinEs AGENDA ITEM # 6 REPORT # 205 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE ~~ _~ ,_. DEPARTMENT DIRECTOR REVIEW: ~',!~' __ ~ REVIEWED BY CITY MANAGER: . ~ ~~` ~ ~ ,,~~^~ , ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of the attached resolution with regards to the financing of a project undertaken by the Academy of Holy Angels. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution giving approval to the financing of a project undertaken by Academy of Holy Angels pursuant to Minnesota Statutes, Sections 469.152 Through 469.165, and authorizing the submission of an application to the Minnesota Department of Employment and Economic Development and the preparation of necessary documents. II. BACKGROUND ~ • e ca emy o o y nge s o y ngels) recently completed the installation and repair of a roo over their facility. They are now seeking financing for the project. • Holy Angels seeks assistance from the City of Richfield in the form of issuance of approximately $1,250,000 million (but estimated not to exceed $1,400,000) combined tax exempt and taxable conduit bonds to finance the project. The issuance of tax-exempt bonds as a major part of the financing results in a lower interest cost to Holy Angels. • The debt would be issued in two series, an estimated $1,000,000 portion that would that would be issued as tax-exempt bonds and an estimated $250,000 portion that would be issued as taxable bonds. 1109HolyAngelsConduitDebt The City would only serve as a conduit for the project financing. The City would not incur any financial liability as a result of the issuance of the debt, nor would the City incur any out of pocket expenses. III. BASIS OF RECOMMENDATION A. POLICY • n er t e innesota n ustria evelopment Act, Minnesota Statutes, Section 469.152 to 469-185, the City of Richfield has authority to issue revenue bonds. B. RITICAL TIMING ISSUES C. FINANCIAL • etax-exempt portion o t e combined bond issue (approximately $1,000,000) would not count against the City's bank qualified debt limit for 2010. The American Recovery and Reinvestment Act of 2009 authorizes 501(c) (3) organizations to have their own annual bank qualified debt limit off $30,000,000 for bonds issued in 2009 and 2010. The tax exempt portion would therefore count against Holy Angels' bank qualified debt limit for 2010. • The approximate cost of the project is $1.25 million. • The bonds will be issued in the city's name, but will not be a charge against the City's general credit or taxing powers. The City will act as a conduit for the financing of the project. It does not create any financial liability to the City. • The City is to be reimbursed and held harmless for and from any out- ,of-pocket expenses related to the financing, including, but not limited to, legal fees, financial analyst fees, bond counsel fees, staff costs, and any deposits or application fees required under state law in order to secure allocation of bonding authority. • The applicant will be charged a non refundable application fed of $2,500 and an annual administrative fee in the amount of 1/8t of 1 (.125%) of the outstanding principal balance of both issues. D. LEGAL • enne y raven wi serve as and counsel for the issues. • A public hearing is required as part of the issuance of private activity revenue bond financing. • Notice of public hearing was published October 21, 2010 in the Sun Newspapers. Time and date of the public hearing is 7:00 p.m. on November 9, 2010. E. ENVIRONMENTAL CONSIDERATIONS I IV. ALTERNATIVE KECOMMENDATION(S) I r-orgo approving the attacnea resoiu~ of the private activity revenue bonds. n and not proceed with the issuance I V . ATTACHMENTS I n. V 1. PRINCIPAL PARTIES ~;XPECTED AT MEETING ~ • n rew ratt, enne y raven., artered (9 - l CITY OF RICHFIELD, MINNESOTA RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE FINANCING OF A PROJECT UNDERTAKEN BY ACADEMY OF HOLY ANGELS PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS WHEREAS, the City of Richfield, Minnesota (the "City"), is authorized by Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), to issue revenue obligations to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a "project" to be owned by a contracting party; and WHEREAS, a "project" includes any properties, real or personal, used or useful in connection with a revenue producing enterprise; and WHEREAS, the Academy of Holy Angels, a Minnesota nonprofit corporation (the "Borrower") is the owner and operator of the Academy of Holy Angels High School, located at 6600 Nicollet Avenue South in the City (the "Facility"); and WHEREAS, the City Council of the City has received a proposal from the Borrower that the City issue its revenue obligations, in one or more series pursuant to the Act, to finance costs related to the installation and repair of a roof on the Facility (the "Project"); and WHEREAS, the proceeds derived from the sale of the revenue obligations proposed to be issued by the City (the "Obligations") will be loaned by the City to the Borrower and applied by the Borrower to finance the costs of the Project; and WHEREAS, as required by Section 469.154 of the Act, a notice of public hearing stating the time and place of the public hearing, the general nature of the Project, and an estimate of the principal amount of Obligations to be issued to finance the Project was published in the Sun Current, the official newspaper of the City and a newspaper of general circulation in the City, not less than fourteen (14) days and not more than thirty (30) days prior to the public hearing; and WHEREAS, a public hearing on the proposal to undertake and finance the Project was held on November 9, 2010; and WHEREAS, the notice and public hearing satisfy the public approval requirements set forth in the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Preliminary Approval; DEED Application. The Project is given preliminary approval by the City and the issuance of the Obligations for such purposes and in an amount not to exceed $1,400,000 is approved, subject to the approval of the Project by the Minnesota Department of Employment and Economic Development ("DEED"), and subject to the mutual agreement of the City, the (.~/ Borrower, and the initial purchaser of the Obligations as to the details of the Obligations and provisions for their payment. In all events, it is understood, however, that the Obligations shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, and the Obligations, when, as, and if issued, shall recite in substance that the Obligations, including interest thereon, are payable solely from the revenues derived from the Project and the Facility and from other property or security expressly pledged to the payment thereof, and shall not constitute a pecuniary obligation of the City or a charge against its general credit or taxing powers. The Obligations shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 2. Findings Regarding the Project. Based solely on representations made to the City by the Borrower, it is found and determined that: (a} the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises within the meaning of Section 469.153, Subdivision 2(b) of the Act; (b) the Project furthers the purposes set forth in the Act; (c) the availability of the financing under the Act and the willingness of the City to furnish financing in the recent past for other portions of the Facility was a substantial inducement to the Borrower to undertake the Project; and (d) no public official of the City has either a direct or indirect financial interest in the Project or the Facility nor will any public official either directly or indirectly benefit financially from the Project or the Facility. 3. Submission of DEED Application. In accordance with Section 469.154 of the Act, the City Manager of the City is authorized and directed to submit the application for approval of the Project to DEED. The City Manager and other officers, employees, and agents of the City are authorized to provide DEED with any information needed for this purpose, and the City Manager is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. 4. Bond Counsel. The law firm of Kennedy & Graven, Chartered is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and the Obligations to be issued in connection therewith. The City Manager and other officers, employees, and agents of the City are authorized to assist Bond Counsel in the preparation of such documents. 5. Employment Opportunities. In accordance with Section 469.154, Subdivision 7 of the Act, the Mayor and other officers, employees, and agents of the City are authorized and directed to encourage the Borrower to provide employment opportunities to economically disadvantaged or unemployed individuals. Such individuals may be identified by such mechanisms as are available to the City such as a first source agreement in which the Borrower agrees to use a designated State of Minnesota employment office as a first source for employment recruitment, referral, and placement. 6. Payments by Borrower. The Borrower has agreed to pay any and all costs paid or incurred by the City in connection with the Project and the issuance of the Obligations whether or not the Project is approved by DEED and whether or not the Obligations and related documents are executed and delivered. The Borrower shall also comply with the City's deposit and fee policies respecting such revenue bond issues. 7. Expiration of Resolution. All commitments of the City expressed herein are subject to the condition that by December 31, 2010, the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Obligations, the loan agreement, and the other instruments and proceedings ~-3 relating to the Obligations and that the Obligations shall have been issued and sold. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Obligations are not issued and sold within such time, this Resolution shall expire and be of no further effect. 8. No Guarantkof City. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Obligations as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Obligations, or issue the Obligations in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Obligations, or to issue the Obligations in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 9. Borrower Expenditures. In anticipation of the issuance of the Obligations to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is authorized to make such expenditures and advances toward payment of that portion of the costs of the Project as the Borrower considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Obligations if and when delivered but otherwise without liability on the part of the City. 10. Effective Date. This Resolution shall take effect immediately upon adoption. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of November, 2010. Debbie Goettel, Mayor Attest: Nancy Gibbs, City Clerk AGENDA SECTION: public Heari n~G AGENDA ITEM # 7 REPORT # 2Ufi STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER NaNrE, TITLE ITEM FOR COUNCIL CONSIDERATION: Public hearing considering a resolution changing the plan for expenditure of residual assets of Police and Fire consolidated pension plans. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution adopting the change in the plan for the expenditure of residual assets of the Police and Fire consolidated nsion plans. II. BACKGROUND • During the 1999 legislative session a bill was passed that provided for the early return of certain excess pension assets of over-funded Police and Fire Consolidated Funds. • Prior to the payment of the "residual assets" to the City of Richfield, the City Council was required to hold a public hearing, adopt a plan for the expenditure of these residual asset amounts and file that plan in the form of a resolution with the State Auditor. • The 1999 legislation required that the residual assets received by the City, be deposited into a special fund. • The amount received in 1999 by the City was $7,621,322, with $5,341,580 attributed to Police and $2,279,742 attributed to Fire. • During the planning process of the Richfield Municipal Center, it was decided by the City Council to utilize the assets of the Police and Fire Consolidated Funds to help fund the project in the amount of $7,600,000. 1109Police Fire Pension Asset Use Change III. BASIS OF RECOMMENDATION A. POLICY • The plan adopted by the City Council was to preserve the original principal amount of $7,621,322, while the annual interest earnings would be used to offset expenditures of the police and fire operations within the City's General Fund. • The use of the interest earnings would be approved by the City Council as part of the annual budget process. • The use of the Police and Fire pension residual assets is a budgeted funding source in the construction of the Richfield Municipal Center. B. CRITICAL TIMING ISSUES The construction of the Richfield Municipal Center is underway and this funding source will soon be needed. C. FINANCIAL • The budget for the funding of the new Richfield Municipal Center called for the use of $7,600,000 of the residual pension assets. • The current balance of the residual pension assets is $7,749,493.42, with $5,431,455.53 attributed to Police and $2,318,037.89 attributed to Fire. Since the receipt of the residual assets, the use of the interest earnings was used to offset expenditures of police and fire capital equipment/improvements and human resources operations within the City's General Fund. With the change in the use of the funds, this will have the effect to create a small funding gap in the General Fund. The 2010 Revised and 2011 Proposed budgets were prepared without this former funding source. D. LEGAL • Notice of the public hearing was published in the official newspaper October 28, 2010. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Utilize the entire current balance of the residual pension asset amount of $7,749,493.42 for funding of the Richfield Municipal Center. V. ~ ATTACHMENTS • Resolution. Plan document -Exhibit A. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~-~ RESOLUTION NO. RESOLUTION AUTHORIZING CHANGE IN PLAN FOR RICHFIELD ASSET AMOUNT FROM POLICE AND FIRE CONSOLIDATION FUND WHEREAS, the 1999 Omnibus Pension Bill adopted during the 1999 legislative session provided for the refund of certain residual assets for certain over-funded police and fire consolidated accounts; and WHEREAS, pursuant to the legislation, the City Council adopted Resolution No. 8748, establishing a plan for the expenditure of the funds and filed the expenditure plan with Office of the State Auditor, and WHEREAS, the current expenditure plan provides that interest earnings from the fund will be used to defray annual operating costs of police and fire operations, subject to future modification by the City Council; and WHEREAS, the City received $7,621,322 of residual pension assets in 1999, which it deposited in a special fund and which it has utilized in accordance with the adopted expenditure plan; and WHEREAS, the balance of the residual assets now totals $7,749,493; and WHEREAS, the City has awarded a contract for the construction of a new municipal center, which includes facilities for the police and fire divisions of the Public Safety Department; and WHEREAS, the City desires to modify the expenditure plan in order to utilize the funds to defray the costs of the new police and fire facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield: 1. It is in the public's interest to modify the original expenditure plan to permit the expenditure of principal and interest, in amounts as determined by the City Council, for the purpose of funding the police and fire portion of the Richfield Municipal Center. 2. A copy of the revised plan formulated and adopted for the expenditure of residual Police and Fire Pension Fund assets is attached to and made part of this resolution as Exhibit A. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of November, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk J Exhibit A CITY OF RICHFIELD PLAN FOR EXPENDITURE OF RESIDUAL ASSETS RICHFIELD POLICE AND FIRE CONSOLIDATED PENSION PLANS General Statement The City of Richfield recognizes that the residual amounts defined and authorized by the Omnibus Pension Bill of 1999 represents aone-time opportunity to benefit from prudent fiscal management and appropriate contribution levels to the Police and Fire Pension Plans. It is the City's intention to fully utilize this opportunity to enhance Richfield's police and fire services through expenditures for capital equipment/improvements and human resources. II. Receipt of Assets -Special Accounts 1. Upon receipt of the residual assets of the Police and Fire Consolidated Pension Accounts, the following actions were taken: a) The funds were received by the Finance Manager and immediately deposited in a specially designated accounts (Special Account) established solely for such residual assets. b) The police and fire portions of said assets were recorded and deposited in a special account, and the respective residual assets of the Police and Fire Pension Plans have been recorded and are maintained separately. c) The interest earnings of each plan's Special Account have been annually apportioned between the Police and Fire Fund assets and have been available for eligible expenditure. III. Residual Asset Account Expenditures 1. Future expenditures of the funds contained in the Special Accounts will be in conformance with Minnesota statute provisions governing such accounts. 2. The City Council may use the principal and interest earnings of the funds, in such amounts as the Council may determine by resolution, for the construction of police and fire facilities within the Richfield Municipal Center. 3. If there are funds remaining in the Special Accounts after the construction of the Richfield Municipal Center, then each subsequent year, as part of the annual budget process, the City Manager shall prepare and submit a listing of eligible police and fire related Special Accounts expenditures for consideration to be included within the annual City Budget and/or Capital Improvement Program and Budget. The City Council shall annually consider and review each recommended Police and Fire Special Account expenditures. Upon such consideration, the City Council may approve, add to or subtract from, such proposed expenditures... AGENDA SECTION: proposed Ordinance AGENDA ITEM # 8 REPORT # 207 r STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER Aan~r:, Tirir: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider a first reading of an ordinance rezoning certain properties throughout the City to bring them into conformance with the Richfield Comprehensive Plan. I. RECOMMENDED ACTION: By Motion: Conduct a first reading of the attached ordinance amending Richfield City Code Appendix 1 rezoning certain properties throughout the City in order to conform with the Richfield Comprehensive Plan. II. BACKGROUND Preparation of the Comprehensive Plan Minnesota State Statute (473.864 Subd. 2) requires that cities prepare and review a comprehensive plan at least once every ten years. The Comprehensive Plan (Plan) contains information regarding the City's vision and provides specific recommendations for future land use, housing,. parks, utilities and transportation. On June 23, 2009 the Richfield City Council adopted a final Comprehensive Plan to guide future growth within the City. This Plan was the result of over two years of work and public communication. A series of informational newsletters were mailed to all residents and property owners in the City (February 2007, May 2007, September 2007, October 2007, and June 2008) and open houses were held at locations throughout the community (February 2007, May-June 2007, and November 2007) to solicit input from residents and business owners. In addition, a 110910 -Comp Plan Rezonings n ~ public hearing for which notice was published was held before the Planning Commission on June 23, 2008 to consider a final draft of the updated Plan. Comprehensive Plan Implementation Requirements In addition to the requirement to prepare and periodically update a comprehensive plan, State Law requires that cities amend zoning regulation to comply with that plan (MN §473.865). In Richfield's case, there are approximately 300 properties that must be rezoned to meet this requirement. The properties are located throughout the entire City. Some of these changes are related to the newly adopted Plan, but many changes are related to the previous update of the Comprehensive Plan in 1997. Properties were not rezoned at that time because nonconforming buildings and uses could not be rebuilt if destroyed. This prohibition could have made it difficult for property owners to secure insurance. Since that time, State Laws regarding legal nonconformities have greatly increased the protections for property owners. Even if destroyed, so long as a property owner applies for a building permit within 180 days, cities must allow the legally nonconforming building (or use) to be replaced as is. Proposed Rezoning Facts about rezoning: • Rezoning does not impact the current use of the property. • Property owners may continue to use the property in the current manner indefinitely. • Owners may sell their property and the buyer may use the property in the same manner. • Residential properties -The City Attorney has confirmed that the nonconforming status of the property would not affect a buyer's ability to qualify for a Federal Housing Administration (FHA) Loan. • Taxes -The Hennepin County Assessor's Office stated that they designate a property's Class (and thereby its Class Rate) by the current use rather than the zoning. • Home Values -City staff spoke with two appraisers regarding the issue of valuation. Both appraisers stated that the value of a property is based on the "highest and best use" that is allowed and economically viable on the property. If appraising only a single property, it would be appraised as a single-family home and the rezoning should have no effect on the property value.. • The new zoning designation impacts the future use of the property if it is redeveloped or if the use changes or expands. • The City has no plans to purchase these properties. Stafif-Recommended Exceptions As staff prepared for the public hearing related to these rezonings, a few areas that may warrant additional discussion were noted. 70th Street and Nicollet Avenue This intersection is currently a neighborhood commercial node. Uses include a dental office, small retail shop, chiropractic office and realtor office, as well as a small commercial/residential building at 7 East 70th Street. History: In 2004, the City rezoned aSingle-Family (R) District property to Service- Office (SO) District in order to allow an additional low-intensity commercial business at this intersection (Cornerstone Realty - 6941 Nicollet Avenue). Staff believes that it was an oversight that the Comprehensive Plan designation of this property was not also changed at this time. Further, it seems that this action was a confirmation of the Community's support of continued commercial use at this corner and that the designation of all properties at the intersection should have been reconsidered at that time. As the 2008 Comprehensive Plan was considered to be an update of the existing Plan, rather than an overhaul, this area was not specifically focused upon. Staff recommends, and the Planning Commission concurred, that the Council should direct staff to pursue a Comprehensive Plan amendment to designate these properties as Neighborhood Commercial, rather than amending the current zoning. No zoning changes are required if the properties are designated as Neighborhood Commercial in the Comprehensive Plan and staff does not anticipate that the magnitude of this change in terms of housing units will be an issue for the Metropolitan Council. 7500 Block of Garfield Avenue 7526, 7532, 7538 and 7544 Garfield Avenue are four single-family properties located just east of Lyndale Avenue. This block is part of the Lyndale Gateway Redevelopment Plan area and therefore, under the guidelines of the Comprehensive Plan, must be rezoned. This is opposed to single-family homes that are not part of a redevelopment area and have been classified as "transitional low-density" properties. The rezoning of these "transitional" properties will be deferred until redevelopment is feasible or a redevelopment plan is adopted. The Lyndale Gateway Redevelopment Plan is now nearly 15 years old (1996). It seems prudent that the Planning Commission, Housing and Redevelopment Authority (HRA) and City Council reexamine this Plan to determine whether or not the policies and plans remain relevant. Staff recommends that the rezoning of these four single-family properties be deferred until the Lyndale Gateway Redevelopment Plan has been reviewed. To be Omitted 6401 Nicollet Avenue This property was included in error. 6401 Nicollet Avenue is designated as Community-Commercial in the Comprehensive Plan and is currently in the C-1 (Neighborhood Commercial) District. These designations are consistent. 6913 Penn Avenue This property was included in error. 6913 Penn Avenue is designated as Low- Density Residential in the Comprehensive Plan and is currently in the R (Single- Family Residential) District. These designations are consistent. Additional Rezoning The multi-family building located at 6901 Penn Avenue is currently within the MR-2 (Multi-Family Residential) District. The Comprehensive Plan calls for Low-Density Residential in this location, therefore, the property should be rezoned to R (Single- Family Residential). Because the building was condominiumized, the parcel as a whole no longer shows an address in the City's mapping data. For this reason, 6901 Penn Avenue was not included on the list of properties sent to property owners even though it was shown on the map. In order to be certain that everyone involved is aware of the change, staff intends to republish and bring this case before the Commission next month. III. BASIS OF RECOMMENDATION A. POLICY • Subsection 507.03 of the Zoning Code states as its foremost purpose, "to assist in the implementation of the City's Comprehensive Plan." Current zoning regulations do not adequately regulate development to be in conformance with the Comprehensive Plan. MN §473 requires that cities amend their zoning ordinance so as to not conflict with the Comprehensive Plan. These parcels must be rezoned or the Comprehensive Plan must be amended. B. CRITICAL TIMING ISSUES • Cities have nine months following adoption of a Comprehensive Plan to amend their ordinances. The Metropolitan Council is aware of the fact that Richfield is working to bring properties into agreement with the City's Plan. C. FINANCIAL • Failure to comply with Metropolitan Council requirements could impact the City's ability to receive funding provided by the Council. D. LEGAL • Failure to comply with Metropolitan Council requirements leaves the City open to litigation. • A public hearing was held before the Planning Commission on October 25, 2010. Mr. Tom Price, owner of 7421 Lyndale Avenue, spoke against the proposed changes for his property. • Notice of the public hearing was published in the Sun Current Newspaper and notice was mailed to subject property owners and owners within 350 feet. The Planning Commission recommended approval 6-2 (Hall, Schuller dissenting). A second reading of this ordinance is scheduled for November 23, 2010. • If approved, the ordinance will take effect 30 days following publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Recommend approval of the ordinance with amendments. • Recommend denial of the proposed rezoning. V. ATTACHMENTS • Ordinance Map of properties to be rezoned List of properties to be rezoned VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Property owners in and around the subject area ~b - l ORDINANCE NO. AN ORDINANCE RELATING TO ZONING; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REZONING PROPERTIES THROUGHOUT THE CITY IN ORDER TO CONFORM TO THE RICHFIELD COMPREHENSIVE PLAN THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Paragraph (10) of Section 2 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (10) M-17 (W side of Chicago, 71St to 72nd) That area lying between the east line of Block 1, Wallaces Sunnyside Acres 6t" Addition and the center line of Chicago Avenue, and between the center line of 72nd Street and a line distant-X49200 ft. south and parallel to the center line of 71St Street. Sec. 2. Paragraph (4) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (4) M-10 (66t" and Queen; 68t" and Penn) Lot 1 and the east 33 feet of Lot 2 of Block 2, Tingdale Brothers Lincoln Hills Addition; ~nrl l ^+~ ~ °^,~' RI^^U ~ Tinirr+~l° Rrn+hnre~ I innnln I-Iill~ ThiriJ ArliJi+inn Trn-ryacm-vrvrTCrr~.. .. ~ ~ ~ ~ ~ ~.... ~ ~ ~ ~ ~ ......,..,.. ,..... . Sec. 3. Paragraph (33) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (33) M-6 (SW corner, 66t" and Portland) T,~-aT ^'~°~w~~,-t"~~teY lino of Cif+h ~+nr! Dnrtl~+nrl ~~i°n~ i° ~+nr1 h^fi~i°°n +h° n°n+°r lin° of 4'.G:~ .Sfree#-a~-d-t#c ^ ~ ~+" ';,,^~ ^f' ^+° ~ ^n,+ ~~, Lots 1, 2 and 3 including the adjacent'/2 of vacated alley subject to street, Block 1, McCutchan's Portland Avenue Park Addition. Sec. 4. Paragraph (43) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (43) M-4 That area lying between the center lines of Portland and Oakland Avenues, and between the center line of 66t" Street and ^'ir,n .~'~.+^n+ 7FF ~ feed-:e~R"e„y ;-"tee-a;-~„~ rGrull°~ +h°r°+„the northern line of Auditor's Subdivision No. 340. Sec. 5. Paragraph (47) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: ~ O~ (47) M-4 That area lying between ++"r,~e~ 'ice-^~~-~' "~-~~the western boundary of the Eastern '/2 of Lot 1, Block 1 Jerpbaks 1St Addition and the center line of 13th Avenue, and between the center line of 66t" Street and a line distant 250 feet southerly thereof and parallel thereto. Sec. 6. Paragraph (54) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (54) M-4 (SE corner, 66th and Chicago) Lots 1, 2, and 3~4 ~n Block 3, Terrace Gardens Addition. Sec. 7. Paragraph (74) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (74) M-3 That area lying between the center lines of 13th and Bloomington Avenues, and between the center line of 66t" Street and the center line of the alley northerly thereof and parallel thereto; a-ra~ I n+ 1R ~~ A I~Inl~nmi (~.+rr!°n~ Rn..rr.+n °m°n~ of R~, ,, I' C, ~vrrv; T, -rrvrco `~ c~aracrra~-rccarrarr~cmcTrrvro et~'c$ - , Sec. 8. Paragraph (75) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (75) M-3 (~;^~~tsr~t~Sed°r "~~°^~~°° '^~' East 66t" Street1 Bloomington and 16th Ave area) Th,-,,--area '~~~a~~een~",~-~~; I~n of Rlnnminn~nn /_1~i~~~° ~ ~~c.+ linen of Rln~ '2-v-rev'°rcr~vTr~ '~~ "rlrli~inn ~.n~l RInnL C. Iii°rcnn~~ '2~ "iJrJi}inn ~nrl "°fini°on +h° e f n°ntor 1in° of RC.~ C4r°°~ nnrl ~+ lin° rli~+~+n+ 7F(1 f°°+ nnr4"°rl~i ~"or°nf .~rl~~~V+n ' ^nrl +"n nnr+h ~n fnn+ of Lots 8-15, Block 12, Nokomis Gardens Rearrangement of Blocks 7, 11 and 12, Girard Parkview; and that area Iying between the center line of 16th Avenue and the west line of Cedar Point Commons Addition extended and between the center line of 66th Street and a line distant 250 feet northerly thereof and parallel thereto. Sec. 9. Paragraph (71) of Section 11 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (71) M-17 (SE corner, 71St and Chicago) The East 161 40/100 feet of the West 325 3/10 .feet of that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 28, Range 24 lying south of the north 690 feet thereof and north of a line parallel with and 70 feet north from the north line of Zuberts Elliott Avenue Addition. ~~ Sec. 10 Paragraph (16) of Section 12 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (16) M-5 (SWE corner, 64t" and nlBlaisdell) TI'"'} .,re, Linn ~-o}~eiooy~ }~o nonfor linos of Rl~+i~rloll ~nr) Ali/~ Ilot 4von~~ ~n ~G17Pr+Grl-C ~GGTTGZ`~RTf a~~T~TCiUITCfCT"GTfCt-I~RV A7irs -TTPra 1R , hafieioon }ho nonfor line :f G:il~~tf~°} ~+r+iJ }ho eni i}h line of Lot~~~ 10, Block 8, Rearrangement of Nicollet Homes 2nd Addition. Sec. 11. Paragraph (3) of Section 13 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: (3) M-11, 12 (SW 76t" and Penn) That area lying between the west line of Penn Avenue and the center line of Thomas Avenue, and between the center line of 76t" Street and the north right-of-way line of Interstate Highway 494 except the following described areas: 1. That area lying between the west line of Penn Avenue and a line 200 feet west of and parallel to said line within 200 feet north of the north right- of-way line of Interstate Highway 494; 2. a~ that area lying between the center lines of Sheridan and Thomas Avenues and the center line of 76t" and 77t" Streets; 3 a~ that area lying between the center line of Sheridan Avenue and a line 170 feet east of and parallel to said center line, and between the center line of 76t" Street and a line 258 feet south of and parallel to said center line; and 4. The East 330 feet of the South 230 feet of the Northeast ~/4 of the Southeast ~/4 of the Southeast'/4 of Section 34, Township 28, Range 24. Sec. 12. Section 2 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraph (16) as follows: (16) M-17 Block 2, Engberg Walden 2nd Addition. (17) M-7 (NE corner, 66t" and Oliver) Lots 10 and 11, Block 8, Fairwood Park 1St Addition. Sec. 13. Section 3 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraphs as follows: (77) M-3 (SE Corner 65t" and 16t") That area lying between the center line of 16t" Avenue and a line 164 feet easterly thereof and parallel thereto, and between the center line of 65t" Street and a line distant 180 feet southerly thereof and parallel thereto. (78) M-4 Block 2, Lots 4-13, Wexlers Addition. (79) M-4 (18t" Ave at 67t") Lots 9-16, Block 4, Wexlers Addition. $'~ (80) M-4 Block 1, Cedar Sunrise 2nd Addition (81) M-4, 17 (18t" and Cedar Aves, 69t" and 70t") Lots 1-6 and 9-16, Block 1, Cedar Sunrise 3rd Addition and Lot 2, Block 1, Engberg- Walden 2nd Addition. (82) M-17 Lots 1 and 12-23, Block 3, Engberg-Walden 2nd Addition. (83) M-17 (E side of 18t" Ave, N of 72nd) Tracts F, G, H, I and J of R.L.S. No. 495. (See Reference #3 of attached Boundary Conflicts). (84) M-17 (E side of 18t" Ave between 72nd and 73rd) Lots 1 through 7, Block 1, Elder Grove 4t" Addition, and that part of the south 82 feet of the north 112 feet of the West'/z of the East'/2 of the Northeast ~/4 of the Southeast '/4 of the Northeast '/4 of Section 35, Township 28, Range 24 lying between the extensions of the east and west lines of Lot 1, Block 1, Elder Grove 4t" Addition. (See Reference #3 of attached Boundary Conflicts.) (85) M-18 (NE corner, 75t" and 18t") Lots 1 through 4, Block 1, Zubert's Southview Gardens Third Addition. (See Reference #4 of attached Boundary Conflicts.) (86) M-18 (SE corner, 75t" and 18t") Lots E, F, G, H, R.L.S. No. 734, and Lots 1 through 4, Block 1, Zubert's Southview Gardens Fourth Addition. (See Reference #5 of attached Boundary Conflicts.) (87) M-10 (SW corner, 66t" & Queen) Lot 3 and the West 20 feet of Lot 2, Block 2, Tingdale Brothers Lincoln Hills Addition. (88) M-17 (SW corner, 73rd and Cedar) The North 465 feet of Outlot 1 of Evergreen Gardens 2nd Addition. (89) M-5 (SW corner, 64t" and Lyndale) Lot 1, Block 8, Rearrangement of Nicollet Homes 2nd Addition. (90) M-12 (76t" and Portland) The East 330 feet of the South 230 feet of the Northeast '/4 of the Southeast '/4 of the Southeast '/4 of Section 34, Township 28, Range 24. Sec. 14. Section 12 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraphs as follows: (39) M-4 (SE Corner of 66t" and 11 t") The Western '/2 of Lot 1, Block 1, Jerpbaks 1St Addition. (40) M-5 (64t" near Lyndale) Lots 4 - 6, Block 5, Lyndale Oaks Addition. (41) M-9, 10 (NW corner, 66t" & Thomas) Lot 7, Block 1, Andersen- Erichsen Addition. (42) M-4 (SE corner, 66t" and Chicago) Lots 4 and 15, Block 3, Tarrace Garden Addition. (43) M-16 (SE corner, 74t" &Lyndale) The West 175 fleet of the North 5 acres of the Northwest %4 of the Southwest %4 of Section 34, Township 28, Range 24. (44) M-16 (Immediately S of SE corner, 74t" &Lyndale) The South 5 acres of the North 10 acres of the Northwest'/4 of the Southwest'/4 of Section 34, Township 28, Range 24, and the North 4 feet of that part of said Northwest'/4 lying immediately South of said 5 acre tract. (45) M-4 (Portland Ave, near 66'") Lot 034, Auditor's Subdivision No. 340. Sec. 15. Section 13 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraphs as follows: (18) M-3 (16t" Ave between 63ra and 65t") Lots 2-8, Block 1, Iversons 2na Addition and Lots 1-8, Block 2, Iversons 2na Addition. (19) M-3 (17t" Ave between 63ra and 65t") Lots 9-4, Block 1, Iversons 2na Addition and Lots 1-8, Block 2, Iversons 2na Addition. (20) M-17 Block 3, Wexlers Addition. (21) M-17 Block 2, Cedar Sunrise 2na Addition. (22) M-17 Block 2, Cedar Sunrise 3ra Addition. (23) M-17 Lots 1-10, Block 4, Engberg-Walden 2na Addition. (24) M-17 Lots 1-5, Block 1, John Engbergs 2na Addition. (25) M-7 (NW corner, 66t" and Rae Drive) Lots 1-3, Block 1, Rae 2na Addition; Lots 1-5, Block 1, Rae 3ra Addition; and Lots 1-5, Block 2, Rae 3ra Addition. (See Reference #7 of attached Boundary Conflicts.) (26) M-9, 10 (NW corner, 66t" and Queen) Lot 4, Block 2 of Harry Tickner's Subdivision of Lot 15, Richfield Gardens. ~~ (27) M-17 (SE corner, 71St and Chicago) The West 163 9/10 ft of that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 28, Range 24 lying south of the north 690 feet thereof and north of a line parallel with and 70 feet north from the north line of Zuberts Elliott Avenue Addition. (28) M-15 (NW corner, 73rd and Portland) The south %2 of the area between 72nd and 73rd Streets, and between Portland Avenue and the center line of the alley in Block 2, Blair's Wooddale 3rd Addition extended. (29) M-14 (74t" to 76t", between Penn & Oliver) That area lying between the center lines of Penn and Oliver Avenues, and between 74t" and 76t" Streets. (30) M-14 (NW corner, 76t" and I-35W) The South '/2 of the Northeast '/4 of the Southwest ~/4 of Section 33, Township 28, Range 24, except roads and highway. (31) M-17 (SW corner, 71St and Chicago) That area lying between the east line of Block 1, Wallaces Sunnyside Acres 6t" Addition and the center line of Chicago Avenue, and between the center line of 71St Street and a line distant 200 feet south and parallel to said center line. (32) M-17 (East side Chicago, 71St to 72nd) That area lying between the center line of Chicago Avenue and the east line of Lot 4, Block 4, Zuberts Elliot Avenue Addition extended, and between the north line of Lot 4, Block 4, Zuberts Elliot Avenue Addition and the center line of 72nd Street. (33) M-5 (NW corner, Lyndale and 64t") Lots 7 and 8, Block 5, Lyndale Oaks Addition. (34) M-9 (Queen Ave, N of 66t") Lot 1, Block 3, Harry Tickner's Subdivision of Lot 15 Richfield Gardens Addition. Sec. 16. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 2, paragraphs 1, 2, 5, 14 and 15; Section 3, paragraphs 5, 12, 16, 21 and 30; Section 5, paragraph 5; Section 9, paragraph 1; Section 11, paragraphs 32, 33, 34, 35, 36, 37, 47 and 58; Section 12, paragraphs 3, 5, 6, 9, 12, 19, 33, 35, 38; and Section 13, paragraph 11. Sec. 17. This ordinance constitutes a rezoning of the following properties: 6601 5t" Ave; 6601 11 t" Ave; 6539 14t" Ave; 6309, 6315, 6321, 6327, 6333, 6339, 6345, 6401, 6409, 6415, 6421, 6427, 6433, 6439, 6445, 6501, and 6509 ~~ 16t" Ave; 6314, 6320, 6326, 6332, 6338, 6344, 6400, 6408, 6414, 6420, 6426, 6432, 6438, 6444, 6621, 6627, 6633, 6639, 6645, 6701, 6709, 6715, 6721, 6727, 6733, 6739, 6745, 6801, 6809, 6815, 6821, 6827, 6833, 6839, 6845, 6901, 6909, 6915, 6921, 6927, 6933, 6939, 6945, 7001, 7009, and 7015 17t" Ave; 6620, 6626, 6632, 6638, 6644, 6700, 6701, 6708, 6711, 6714, 6715, 6720, 6721, 6726, 6727, 6732, 6733, 6738, 6739, 6744, 6745, 6800, 6801, 6808, 6809, 6814, 6815, 6820, 6821, 6826, 6827, 6832, 6833, 6838, 6839, 6844, 6845, 6900, 6901, 6908, 6909, 6914, 6915, 6920, 6921, 6926, 6927, 6932, 6933, 6938, 6939, 6944, 6945, 7000, 7001, 7004, 7005, 7025, 7029, 7030, 7033, 7034, 7035, 7038, 7039, 7044, 7045, 7048, 7049, 7100, 7101, 7104, 7105, 7110, 7111, 7114, 7115, 7120, 7121, 7124, 7125, 7128, 7133, 7134, 7138, 7139, 7144, 7145, 7203, 7211, 7217, 7223, 7229, 7237, 7245, 7247, 7431, 7441, 7445, 7503, 7511, 7517, 7523, 7527, 7531, 7537, and 7545 18t" Ave; 522, 600, and 610 W 64t" St; 910, 912, 920, 924, 926, 1008, 1012, 1014, 1016 1615, 1617, 2010, 2112, 2405, 2412, and 2702 W 66t" St; 7 E 70t" St; 805E 71St St; 420 and 424E 73rd St; 2215, 2917, and 2923 W 74t" St; 1605 W 75t" St; 6525 and 6533 Bloomington Ave; 6800, 6808, 6814, 6820, 6826, 6832, 6838, 6844, 6900, 6908, 6914, 6920, 6926, 6934, 7000, 7300, 7320 and 7334 Cedar Ave; 6617 (6611), 7100, 7104, 7107, 7108, 7115, 7121, 7127, 7137, and 7145 Chicago Ave; 6614 and 7106 Elliot Ave; 6345, 6701, 7401 and 7421 Lyndale Ave; 6402 Nicollet Ave; 6612 Oakland Ave; 7412, 7420, 7426, 7434, 7444, 7500, 7514, 7520, 7530, 7536, 7544 Oliver Ave; 6800, 6824, 6936, 6944, 6945, 7301, 7413, 7421, 7427, 7435, 7445, 7501, 7515, 7521, 7527, 7533, 7545, and 7620 Penn Ave; 6744 Pillsbury Ave; 6729, 6737 and 6745 Pleasanl Ave; 6613 and 7244 Portland Ave; 6531 and 6535 Queen Ave; 901, 903 and 905 Rae Dr; 7401 and 7403 Washburn Ave. Sec. 18. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk [~ ~~~~~ z z ~ _ W ~ z 7 4 ~ u ~ 6 ~ pO qq ~ O I- Xx F = ;.I ° Z ~ O w w "~ z z C ~ O C~ N U d S ~ N W Z W ~ ~ ~ ~ G (~] K ~ t Q 7 U ~ W W (~ N [0 ~ ~ z O L QI U Z 4 Z O W y W > 5 z ~ w L.r I'" } ¢ D K a Z Q J Z m O > I' !- S Y ~ 4 O ... x ~ ~ ~ ,- m ~ ci a c z ~ ~ Y ~ ~ ~ ~ a ~ ~ c ~ ~~-. < a ~ ~ W g ~ ~ ~ ? o < < o ~ ~ ~ ~ ~ ~ m ~ Y w °u• x C7 W u ° J a 4 C7 ~ L d a yj m z ~ n M .. c n ~ O O J w .- ~ ~ ~ U T~~~,~~...II.JLJ!_...-I~~~T~;?A,-~~,~°~~_:.~~.,~-/ Y1~._._J,J Il.---~.~..,11-..-`~L"a--il,~~ -~~ ~~.1~~..~~.,_._ .---\L~P__I~. ±L.~"fL.!f. 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Vi S Z ~ ~ u ? >- ~ ~ x ~ CL ? i lr d b W O z J / Q ~ !~ ~ t ~ [~ ~ p ~ [:- J ) a a ~'~i = O K C ~ ~ ~_ p ~ a 6 l:l K < ~ W L 6 W 0.' ~./~ ; j O O > L J ~ a ., ~ ° ~ c L L r '> r ~ EI - aingle B~amily Fdesiocn~ia6 x U 3 ~ z ~ n ~ M~~2 ~ MaaiCi~~arnily P~esidengial Mf. J I tigh ~~c nsity, N1ulYi-~arriu(y !i VV 62nd 63•d 6atn 65th 65:h G7th 66tH 69th 70th 775t 72ntl 73tit 74tH 75fh 76th rm 76tH ~ 1 ABBREVIATIONS KEY Zoning SO -Service Office C-1 -Neighborhood Commerical C-2 -General Commerical R -Single Family Residential MR-1 -Two-Family Residential PMR-1 -Planned Two-Family Residential MR-2 -Multi-Family Residential MR-3 -High Density, Multi-Family Residential 1997 Comp Plan NC -Neighborhood Commericial CC -Community Commercial CCO -Community Commericial/Office OFFICE -Office RCO -Regional Commercial/Office SFR -Single Family Residential (up to 5 units per acre) SFRHD -High Density, Single Family (up to 15 units/acre) MFRMD -Medium Density, Multi-Family (up to 24 units/acre) MFRHD -High Density, Multi-Family (over 24 units/acre) 2008 Comp Plan NC -Neighborhood Commericial CC -Community Commercial CCO -Community Commericial/Office O -Office RCO -Regional Commercial/Office LDR -Low Density Residential (1-6 units/acre) MDR -Medium Density Residential (7-12 units/acre) MHD -Medium-High Density Residential (12-24 units/acre) HDR -High Density Residential (24+ units/acre) ADDRESS Zonin 9997 Comp Plan 2008 Comp Plan New Zoning 6613 11TH AVE S C-2 SFRHD MHD MR-2 6539 14TH AVE S C-2 SFRHD LDR R 6309 16TH AVE S R SFR HDR MR-3 6315 16TH AVE S R SFR HDR MR-3 6321 16TH AVE S R SFR HDR MR-3 6327 16TH AVE S R SFR HDR MR-3 6333 16TH AVE S R SFR HDR MR-3 6339 16TH AVE S R SFR HDR MR-3 6345 16TH AVE S R SFR HDR MR-3 6401 16TH AVE S R SFR HDR MR-3 6409 16TH AVE S R SFR HDR MR-3 6415 16TH AVE S R SFR HDR MR-3 6421 16TH AVE S R SFR HDR MR-3 6427 16TH AVE S R SFR HDR MR-3 6433 16TH AVE S R SFR HDR MR-3 6439 16TH AVE S R SFR HDR MR-3 6445 16TH AVE S R SFR HDR MR-3 6501 16TH AVE S R SFRHD RC C-2 ~ - ~ ~' ADDRESS Zonin Plan Plan New Zonin 6509 16TH AVE S R SFRHD RC C-2 6314 17TH AVE S R SFR HDR MR-3 6320 17TH AVE S R SFR HDR MR-3 6326 17TH AVE S R SFR HDR MR-3 6332 17TH AVE S R SFR HDR MR-3 6338 17TH AVE S R SFR HDR MR-3 6344 17TH AVE S R SFR HDR MR-3 6400 17TH AVE S R SFR HDR MR-3 6408 17TH AVE S R SFR HDR MR-3 6414 17TH AVE S R SFR HDR MR-3 6420 17TH AVE S R SFR HDR MR-3 6426 17TH AVE S R SFR HDR MR-3 6432 17TH AVE S R SFR HDR MR-3 6438 17TH AVE S R SFR HDR MR-3 6444 17TH AVE S R SFR HDR MR-3 6621 17TH AVE S R SFR O C-2 6627 17TH AVE S R SFR O C-2 6633 17TH AVE S R SFR O C-2 X6639 17TH AVE S R SFR O C-2 6645 17TH AVE S R SFR O C-2 '.6701 17TH AVE S R SFR HDR MR-3 '6709 17TH AVE S R SFR HDR MR-3 '6715 17TH AVE S R SFR HDR MR-3 '6721 17TH AVE S R SFR HDR MR-3 '6727 17TH AVE S R SFR HDR MR-3 16733 17TH AVE S R SFR HDR MR-3 6739 17TH AVE S R SFR HDR MR-3 6745 17TH AVE S R SFR HDR MR-3 6801 17TH AVE S R SFR HDR MR-3 6809 17TH AVE S R SFR HDR MR-3 6815 17TH AVE S R SFR HDR MR-3 6821 17TH AVE S R SFR HDR MR-3 6827 17TH AVE S R SFR HDR MR-3 6833 17TH AVE S R SFR HDR MR-3 6839 17TH AVE S R SFR HDR MR-3 6845 17TH AVE S R SFR HDR MR-3 6901 17TH AVE S R SFR HDR MR-3 6909 17TH AVE S R SFR HDR MR-3 6915 17TH AVE S R SFR HDR MR-3 6921 17TH AVE S R SFR HDR MR-3 6927 17TH AVE S R SFR HDR MR-3 6933 17TH AVE S R SFR HDR MR-3 6939 17TH AVE S R SFR HDR MR-3 6945 17TH AVE S R SFR HDR MR-3 7001 17TH AVE S R SFR NC C-1 7009 17TH AVE S R SFR NC C-1 7015 17TH AVE S R SFR NC C-1 6620 18TH AVE S R SFRHD CC C-2 6626 18TH AVE S R SFRHD CC C-2 6632 18TH AVE S R SFRHD CC C-2 ~ _ i~ ADDRESS Zoning Plan Plan New Zonin 6638 18TH AVE S R SFRHD CC C-2 6644 18TH AVE S R SFRHD CC C-2 6700 18TH AVE S R SFRHD HDR MR-3 6703 18TH AVE S MR-1 RCO O C-2 6708 18TH AVE S R SFRHD HDR MR-3 6711 18TH AVE S MR-1 RCO O C-2 6714 18TH AVE S R SFRHD HDR MR-3 6715 18TH AVE S R RCO O C-2 6720 18TH AVE 5 R SFRHD HDR MR-3 6721 18TH AVE S R RCO O C-2 6726 18TH AVE S R SFRHD HDR MR-3 6727 18TH AVE S R RCO O C-2 6732 18TH AVE S R SFRHD HDR MR-3 6733 18TH AVE S R RCO O C-2 6738 18TH AVE S R SFRHD HDR MR-3 6739 18TH AVE S R RCO O C-2 6744 18TH AVE S R SFRHD HDR MR-3 6745 18TH AVE S R RCO O C-2 6800 18TH AVE S R SFRHD HDR MR-3 6801 18TH AVE S R RCO O C-2 6808 18TH AVE S R SFRHD HDR MR-3 6809 18TH AVE S R RCO O C-2 6814 18TH AVE S R SFRHD HDR MR-3 6815 18TH AVE S R RCO O C-2 6820 18TH AVE S R SFRHD HDR MR-3 6821 18TH AVE S R RCO O C-2 6826 18TH AVE S R SFRHD HDR MR-3 6827 18TH AVE S R RCO O C-2 6832 18TH AVE S R SFRHD HDR MR-3 6833 18TH AVE S R RCO O C-2 6838 18TH AVE S R SFRHD HDR MR-3 6839 18TH AVE S R RCO O C-2 6844 18TH AVE S R SFRHD HDR MR-3 6845 18TH AVE S R RCO O C-2 6900 18TH AVE S R SFRHD HDR MR-3 6901 18TH AVE S R RCO O C-2 6908 18TH AVE S R SFRHD HDR MR-3 6909 18TH AVE S R RCO O C-2 6914 18TH AVE S R SFRHD HDR MR-3 6915 18TH AVE S R RCO O C-2 6920 18TH AVE S R SFRHD HDR MR-3 6921 18TH AVE S R RCO O C-2 6926 18TH AVE S R SFRHD HDR MR-3 6927 18TH AVE S R RCO O C-2 8932 18TH AVE S R SFRHD HDR MR-3 6933 18TH AVE S R RCO O C-2 6938 18TH AVE S R SFRHD HDR MR-3 6939 18TH AVE S R RCO O C-2 6944 18TH AVE S R SFRHD HDR MR-3 6945 18TH AVE S R RCO O C-2 ~ - i a- ADDRESS Zoning Plan Plan New Zonin 7000 18TH AVE S R SFRHD NC C-1 7001 18TH AVE S R RCO O C-2 7004 18TH AVE S R SFRHD NC C-1 7005 18TH AVE S R RCO O C-2 7025 18TH AVE S R NC O C-2 7029 18TH AVE S R NC O C-2 7030 18TH AVE S R SFRHD HDR MR-3 7033 18TH AVE S R NC O C-2 7034 18TH AVE S R SFRHD HDR MR-3 7035 18TH AVE S R NC O C-2 7038 18TH AVE S R SFRHD HDR MR-3 7039 18TH AVE S R OFFICE O C-2 7044 18TH AVE S R SFRHD HDR MR-3 7045 18TH AVE S R OFFICE O C-2 7048 18TH AVE S R SFRHD HDR MR-3 7049 18TH AVE S R OFFICE O C-2 7100 18TH AVE S R SFRHD HDR MR-3 7101 18TH AVE S R OFFICE O C-2 7104 18TH AVE S R SFRHD HDR MR-3 7105 18TH AVE S R OFFICE O C-2 7110 18TH AVE S R SFRHD HDR MR-3 7111 18TH AVE S R OFFICE O C-2 7114 18TH AVE S R SFRHD HDR MR-3 7115 18TH AVE S R OFFICE O C-2 7120 18TH AVE S R SFRHD HDR MR-3 7121 18TH AVE S R OFFICE O C-2 7124 18TH AVE S R SFRHD HDR MR-3 7125 18TH AVE S MR-1 OFFICE O C-2 7128 18TH AVE S R SFRHD HDR MR-3 7133 18TH AVE S MR-1 OFFICE O C-2 7134 18TH AVE S R SFRHD HDR MR-3 7138 18TH AVE S R SFRHD HDR MR-3 7139 18TH AVE S MR-1 OFFICE O C-2 7144 18TH AVE S R SFRHD HDR MR-3 7145 18TH AVE S R OFFICE O C-2 7203 18TH AVE S MR-1 OFFICE O C-2 7211 18TH AVE S MR-1 OFFICE O C-2 7217 18TH AVE S MR-1 OFFICE O C-2 7223 18TH AVE S MR-1 OFFICE O C-2 7229 18TH AVE S MR-1 OFFICE O C-2 7237 18TH AVE S MR-1 OFFICE O C-2 7245 18TH AVE S MR-1 OFFICE O C-2 7427 18TH AVE S MR-1 OFFICE O C-2 7431 18TH AVE S MR-1 OFFICE O C-2 7441 18TH AVE S MR-1 OFFICE O C-2 7445 18TH AVE S MR-1 OFFICE O C-2 7503 18TH AVE S MR-1 MFRHD HDR MR-3 7511 18TH AVE S MR-1 MFRHD HDR MR-3 7517 18TH AVE S MR-1 MFRHD HDR MR-3 7523 18TH AVE S MR-1 MFRHD HDR MR-3 ~ - ~~ ADDRESS Zoning Plan Plan New Zonin '7527 18TH AVE S MR-1 MFRHD HDR MR-3 '.7531 18TH AVE S MR-1 MFRHD HDR MR-3 7537 18TH AVE S MR-1 MFRHD HDR MR-3 7545 18TH AVE S MR-1 MFRHD HDR MR-3 6601 5TH AVE S C-2 SFRHD LDR R 522 64TH ST W MR-1 MFRMD MHD MR-2 600 64TH ST W MR-1 MFRMD MHD MR-2 610 64TH ST W MR-1 MFRMD MHD MR-2 910 66TH ST W PMR-1 SFRHD HDR MR-3 912 66TH ST W PMR-1 SFRHD HDR MR-3 920 66TH ST W PMR-1 SFRHD HDR MR-3 924 66TH ST W PMR-1 SFRHD HDR MR-3 926 66TH ST W PMR-1 SFRHD HDR MR-3 1008 66TH ST W PMR-1 SFRHD HDR MR-3 1012 66TH ST W PMR-1 SFRHD HDR MR-3 1014 66TH ST W PMR-1 SFRHD HDR MR-3 1016 66TH ST W PMR-1 SFRHD HDR MR-3 1615 66TH ST W MR-2 SFRHD LDR R 1617 66TH ST W MR-2 SFRHD LDR R 2010 66TH ST W C-1 OFFICE LDR R 2112 66TH ST W MR-2 NC NC C-1 2405 66TH ST W MR-2 RCO CCO C-2 2412 66TH ST W MR MFRHD HDR MR-3 2702 66TH ST W MR-1 MFRMD MHD MR-2 7 70TH ST E C-1 SFRHD LDR R 805 71ST ST E MR-1 MFRHD HDR MR-3 420 73RD ST E MR-2 MFRHD HDR MR-3 424 73RD ST E MR-2 MFRHD HDR MR-3 2215 74TH ST W MR-2 MFRHD HDR MR-3 2917 74TH ST 1/1/ MR-2 SFR LDR R 2923 74TH ST W MR-2 SFR LDR R 1601 75TH ST W C-2 SFR HDR MR-3 6525 BLOOMINGTON AVE C-2 SFR LDR R 6533 BLOOMINGTON AVE C-2 SFR LDR R 6800 CEDAR AVE S R RCO O C-2 6808 CEDAR AVE S R RCO O C-2 6814 CEDAR AVE S R RCO O C-2 6820 CEDAR AVE S R RCO O C-2 6826 CEDAR AVE S R RCO O C-2 6832 CEDAR AVE S R RCO O C-2 6838 CEDAR AVE S R RCO O C-2 6844 CEDAR AVE S R RCO O C-2 6900 CEDAR AVE S R RCO O C-2 6908 CEDAR AVE S R RCO O C-2 6914 CEDAR AVE S R RCO O C-2 6920 CEDAR AVE S R RCO O C-2 692& CEDAR AVE S MR-1 RCO O C-2 6934 CEDAR AVE S MR-1 RCO O C-2 7000 CEDAR AVE S MR-3 NC O C-2 7300 CEDAR AVE S MR-3 OFFICE O C-2 *Proposed Exception ~ - i~ ADDRESS Zoning 9997 Comp Plan 2008 Comp Plan New Zonin 7320 CEDAR AVE S MR-3 OFFICE O C-2 7334 CEDAR AVE S MR-3 OFFICE O C-2 6617 CHICAGO AVE S C-2 SFRHD MDR MR-2 7100 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7104 CHICAGO AVE S C-1 MFRHD HDR MR-3 7107 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7108 CHICAGO AVE S C-1 MFRHD HDR MR-3 7115 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7121 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7127 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7137 CHICAGO AVE S MR-2 MFRHD HDR MR-3 7145 CHICAGO AVE S MR-2 MFRHD HDR MR-3 6614 ELLIOT AVE S C-2 SFRHD MDR MR-2 7106 ELLIOT AVE S MR-2 SFRHD LDR R 7526 GARFIELD AVE S R CCO CCO C-2 7532 GARFIELD AVE S R CCO CCO C-2 7538 GARFIELD AVE S R CCO CCO C-2 7544 GARFIELD AVE S R CCO CCO C-2 6345 LYNDALE AVE S C-2 MFRMD MHD MR-2 6701 LYNDALE AVE S C-1 SFRHD LDR R 7401 LYNDALE AVE S C-2 MFRMD MHD MR-2 7421 LYNDALE AVE S C-1/C-2 MFRMD MHD MR-2 E34(~;-N',~L~€T !!VE S C ~ ~ GO ~ 6402 NICOLLET AVE S MR-2 CC CC C-2 6941 NICOLLET AVE S SO SFRHD LDR R 6944 NICOLLET AVE S C-1 SFRHD LDR R 6945 NICOLLET AVE S SO SFRHD LDR R 6949 NICOLLET AVE S C-1 SFRHD LDR R 7001 NICOLLET AVE S C-1 SFRHD LDR R 7005 NICOLLET AVE S C-1 SFRHD LDR R 6612 OAKLAND AVE S C-2 CC LDR R 7412 OLIVER AVE S MR-2 MFRHD HDR MR-3 7420 OLIVER AVE S MR-2 MFRHD HDR MR-3 7426 OLIVER AVE S MR-2 MFRHD HDR MR-3 7434 OLIVER AVE S MR-2 MFRHD HDR MR-3 7444 OLIVER AVE S MR-2 MFRHD HDR MR-3 7500 OLIVER AVE S MR-2 MFRHD HDR MR-3 7514 OLIVER AVE S C-2 MFRHD HDR MR-3 7520 OLIVER AVE S MR-2 MFRHD HDR MR-3 7530 OLIVER AVE S MR-2 MFRHD HDR MR-3 7536 OLIVER AVE S MR-2 MFRHD HDR MR-3 7544 OLIVER AVE S MR-2 MFRHD HDR MR-3 6800 PENN AVE S C-2 SFRHD LDR R 6824 PENN AVE S C-2 SFRHD LDR R 6901 PENN AVE S MR-2 SFRHD LDR. R ""~ ~€RH9 LDR ~ 6936 PENN AVE S MR-2 SFRHD LDR R 6944 PENN AVE S MR-2 SFRHD LDR R 6945 PENN AVE S C-1 SFRHD LDR R 7301 PENN AVE S C-1 SFRHD LDR R *Proposed Deferral *Proposed Deferral *Proposed Deferral *Proposed Deferral *Unnecessary *Proposed Exception *Proposed Exception *Proposed Exception *Proposed Exception *Proposed Exception *Proposed Exception *Additional Action *Unnecessary r ~~ ADDRESS Zonin 9997 Comp Plan 2008 Comp Plan New Zonin 7413 PENN AVE S MR-2 MFRHD HDR MR-3 7413 PENN AVE S MR-2 MFRHD HDR MR-3 7421 PENN AVE S MR-2 MFRHD HDR MR-3 7427 PENN AVE S MR-2 MFRHD HDR MR-3 7435 PENN AVE S MR-2 MFRHD HDR MR-3 7445 PENN AVE S MR-2 MFRHD HDR MR-3 7501 PENN AVE S MR-2 MFRHD HDR MR-3 7515 PENN AVE S MR-2 MFRHD HDR MR-3 7521 PENN AVE S MR-2 MFRHD HDR MR-3 7527 PENN AVE S MR-2 MFRHD HDR MR-3 7533 PENN AVE S MR-2 MFRHD HDR MR-3 7545 PENN AVE S MR-2 MFRHD HDR MR-3 7545 PENN AVE S MR-2 MFRHD HDR MR-3 7620 .PENN AVE S MR-3 RCO RCO C-2 6744 PILLSBURY AVE S MR-2 SFR LDR R 6729 PLEASANT AVE S MR-2 SFRHD LDR R 6737 PLEASANT AVE S MR-2 SFRHD LDR R 6745 PLEASANT AVE S MR-2 SFRHD LDR R 6613 PORTLAND AVE S C-2 CC MDR MR-2 7244 PORTLAND AVE S MR-2 MFRHD HDR MR-3 6531 QUEEN AVE S MR-1 MFRHD HDR MR-3 6535 QUEEN AVE S MR-1 MFRHD HDR MR-3 901 RAE DR PMR-1 SFRHD HDR MR-3 903 RAE DR PMR-1 SFRHD HDR MR-3 905 RAE DR PMR-1 SFRHD HDR MR-3 7401 WASHBURN AVE S MR-2 SFR LDR R 7401 WASHBURN AVE S MR-2 SFR LDR R 7403 WASHBURN AVE S MR-2 SFR LDR R AGENDA SECTION: Resolutions AGENDA ITEM # 9 REPORT # 208 L .. ~ ....- -: .~ ..w~. . STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of adopting a resolution authorizing defeasance of $1,045,000 General Obligation Tax Increment Bonds, Series 2002C Bonds, dated December 5, 2002. RECOMMENDED ACTION: By Motion: Approve the attached resolution providing for the defeasance, prepayment and redemption of $1,045,000 General Obligation Tax Increment Bonds, Series 2002C Bonds, dated December 5, 2002 and authorizing execution of an escrow agreement. II. BACKGROUND • In 1990, the City and the Housing and Redevelopment Authority (HRA) established the Richfield Rediscovered program to initiate abuy/sell program for the construction of new, contemporary market rate single-family housing. The initial program was funded by an advance of funds from the City to the HRA. The advance by the City was subsequently satisfied by the HRA. • In November of 1999, the City sold General Obligation Tax Increment Variable Rate Demand G.O. Bonds. These bonds were issued to provide funding for the Post-1999 Richfield Rediscovered housing program, the second phase of the program. • The Series 2002C bonds were issued to provide funds for the current refunding of the Series 1999 Tax Increment Variable Rate Demand G.O. Bonds. • The Pre -1999 and Post - 1999 Richfield Rediscovered housing programs are redevelopment tax increment districts consisting of owner occupied housing scattered throughout the City. 1109 2002C Bond Refund III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL TIMING ISSUES • Funds are available to defease the $1,045,000 Taxable General Obligation Tax Increment Refunding Bond, Series 200X. • By defeasing the bonds, this would allow the City to decertify all of the Richfield Rediscovered Tax Increment Financing (TIF) Districts. • If the districts are decertified by December 2010, the tax base increase would be recognized in 2011. C. FINANCIAL • The outstanding principal balance on the issue is $570,000. • As of October 31, 2010, the HRA had a combined cash balance in both Richfield Rediscovered districts of $1,211,458. This balance is adequate to defease the debt. • Approximately $607,540 would be required to be placed into an interest earning escrow account until February 2, 2012, at which time the Bonds will be called and paid in full. • At the time of the deposit, the City and HRA could take action to decertify the TIF Districts, and have the property placed on the tax rolls. • Based on 2010 market values, decertifying the Richfield Rediscovered TIF Districts in 2010 would place the property on the Pay 2011 tax rolls at full value. This would have the effect to increase the City's tax capacity by $153,573, which equates to approximately $76,523 in City tax dollars. • If the defeasance is approved, this would leave a cash balance of approximately $603,918. This amount is subject to change depending on the timing of the defeasance and the interest rate on the escrow. • The HRA would then have the option to use this remaining balance of cash in the following manner: ^ Retain the cash to assist with low to moderate income housing projects. If this option were chosen the projects must qualify as low to moderate income, per Minnesota Statutes. The projects do not need to be in a current tax increment district. ^ Spend the cash on a project that will create jobs and commence construction prior to July 1, 2011. Under legislation adopted on April 1, 2010, the HRA could use the cash to provide improvements, loans, or assistance in any form to private development as long as doing so will create or retain jobs in the State. Under the legislation the cash must be expended by - December 31, 2011 and there are no restrictions on the type_of development. A third option, which staff does not recommend, is to return the cash to the County for redistribution. If the cash were returned to the County, the County would redistribute the funds proportionately to the taxing jurisdictions. The City would receive a one-time payment of its portion of the cash estimated at $240,000. The use of the cash would be unrestricted. Staff will bring these options back to the City Council at a future meeting with recommendations to determine which option would best serve the City/HRA. D. LEGAL • The City's bond council has been involved in the anticipated bond defeasance. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS} • Disregard the current defeasance option, continue to retire the bonded debt as presently scheduled, and do not decertify the TIF Districts. V. ATTACHMENTS • Resolution. Exhibit A -Notice of Call For Redemption VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative from Ehlers & Associates, Inc. -1 RESOLUTION NO. RESOLUTION PROVIDING FOR THE DEFEASANCE, PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY AND AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT BE IT RESOLVED By the City Council of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Background; Findings. 1.01. The City and the Housing and Redevelopment Authority of the City of Richfield (the "Authority") have duly established the Richfield Rediscovered Tax Increment Financing District (the "TIF District"), a scattered site tax increment district, pursuant to Minnesota Statutes, Sections 469.174 through 469.1799 (the "TIF Act"). 1.02. In order to finance improvements within the TIF District, the City issued its Taxable Variable Rate Demand General Obligation Bonds (Richfield Rediscovered Project), Series 1999 (the "Series 1999 Bonds"), dated November 18, 1999, in the original aggregate principal amount of $1,570,000, pursuant to Section 469.178 of the TIF Act. 1.03. On December 5, 2002, the City issued its Taxable General Obligation Tax Increment Refunding Bonds, Series 2002C (the "Series 2002C Bonds"), in the original aggregate principal amount of $1,045,000, of which $570,000 in principal amount is currently outstanding. The City applied the proceeds of the Series 2002C Bonds to the redemption and prepayment of the outstanding Series 1999 Bonds, pursuant to Minnesota Statutes, Chapter 475, as amended. 1.04. Pursuant to a Tax Increment Pledge Agreement, dated October 21, 2002 (the "Pledge Agreement"), between the Authority and the City, tax increment revenues derived from the TIF District and other tax increment districts are pledged to the payment of the principal of and interest on the Series 2002C Bonds. 1.05. The Series 2002C Bonds maturing on February 1, 2013, and thereafter are subject to redemption and prepayment on February 1, 2012, and on any date thereafter at a price of par plus accrued interest. 1.06. The tax increment revenues collected by the City pursuant to the Pledge Agreement for the payment of the principal of and interest on the Series 2002C Bonds is sufficient to establish a defeasance escrow in order to pay at maturity or on February 1, 2012 (the "Redemption Date"), all of the outstanding Series 2002C Bonds. 1.05. The City finds it in the best interests of the City to establish a defeasance escrow with funds on hand to redeem and prepay the Series 2002C Bonds at maturity or the earliest redemption date of such bonds. Upon establishment of the defeasance escrow for the Series 2002C Bonds, the Authority may decertify the TIF District earlier than required and the City approves and consents to such actions. Section 2. Redemption of Series 2002C Bonds. 2.01. Series 2002C Bonds maturing on February 1 in the years 2013 to and including 2017, comprising all of the Series 2002C Bonds subject to redemption, shall be prepaid and redeemed on the Redemption Date, and those Series 2002C Bonds are hereby called for redemption on the Redemption Date. 2.02. Wells Fargo Bank, National Association (formerly known as Wells Fargo Bank Minnesota, N.A.), Minneapolis, Minnesota, is authorized and directed to mail a copy of the d`- notice of call for redemption of the Series 2002C Bonds in the form attached hereto as EXHIBIT A to the registered owners of the Series 2002C Bonds. Section 3. Escrow; Defeasance. 3.01. To accomplish defeasance of the Bonds there is established an Escrow Account (the "Escrow Account") with Wells Fargo Bank, National Association (the "Escrow Agent"), a suitable financial institution in the State of Minnesota whose deposits are insured by the Federal Deposit Insurance Corporation and combined capital and surplus is not less than $500,000. A form of escrow agreement (the "Escrow Agreement") has been presented to and reviewed by this Council. The form of the Escrow Agreement is approved. The Mayor and City Manager are authorized and directed to execute and deliver the Escrow Agreement on behalf of the City. 3.02. As of the date of execution of the Escrow Agreement (the "Transfer Date") there will be and are hereby transferred, pledged, and appropriated to the Escrow Account the balance in the debt service fund for the Series 2002C Bonds needed, together with interest earnings thereon, for payment of the principal and interest of the Series 2002C Bonds on and prior to their maturity dates and on the Redemption Date, as the case may be. It is estimated that such amount is adequate when invested as herein provided to pay the principal of and interest on the Series 2002C Bonds on and prior to their maturity dates and on the Redemption Date. 3.03. The funds deposited in the Escrow Account are to be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as may be required to provide sufficient monies together with cash or other monies in the Escrow Account to pay when due the principal amount of and interest on the Series 2002C Bonds on and prior to their maturity dates, and on the Redemption Date, as the case may be. The securities to be purchased for the Escrow Account shall be limited to securities specified in Minnesota Statutes, Section 475.67, subdivision 8, as provided in the Escrow Agreement. 3.04. For the prompt and full payment of the principal and interest on the Series 2002C Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City have been and are irrevocably pledged. If the balance in the Escrow Account is ever insufficient to pay all principal and interest then due on the bonds, the deficiency must be promptly paid out of monies of the general fund or other funds of the City that are properly available for such purpose, and such funds may be reimbursed with or without interest from the Escrow Account when a sufficient balance is available therein. 3.05. When the Bonds and interest thereon have been discharged as provided in this Resolution, all pledges, covenant and other rights granted by this Resolution to the holders of the Series 2002C Bonds will cease, except that the pledge of the full faith and credit of the City will remain in full force and effect. Adopted by the City Council of the City of Richfield, Minnesota, this 9th day of November, 2010. Debbie Goettel, Mayor Attest: Nancy Gibbs, City Clerk ~i -3 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $1,045,000 CITY OF RICHFIELD, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS SERIES 2002C NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Richfield, Minnesota (the "City"), there have been called for redemption and prepayment on February 1, 2012 all outstanding bonds of the City designated as the Taxable General Obligation Tax Increment Refunding Bonds, Series 200X, dated December 5, 2002, having stated maturity dates of February 1 in the years 2012 through 2017, both inclusive, totaling $500,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2013 $150,000 763325 L21 2015 165,000 763325 L47 2017 185,000 763325 L62 The bonds are being called at a price of par plus accrued interest to February 1, 2012, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of Wells Fargo Bank, National Association (formerly known as Wells Fargo Bank Minnesota, N.A.), in the City of Minneapolis, Minnesota, on or before February 1, 2012, at the following address: Wells Fargo Bank, National Association Attention: Corporate Trust Operations Sixth Street and Marquette Avenue MAC 9303-121 Minneapolis, MN 55479 In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2003, the City is required to withhold a specified percentage of the principal amount of the redemption price payable to the holder of any Bonds subject to redemption and prepayment on the Redemption Date, unless the City is provided with the Social Security Number or Federal Employer Identification Number of the holder, properly certified. Submission of a fully executed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2007), will satisfy the requirements of this paragraph. Dated: 2010. BY ORDER OF THE CITY COUNCIL By /s/ Steven Devich City Manager City of Richfield, Minnesota AGENDA SECTION: Resolutions AGENDA ITEM # j Q REPORT # ZQ9 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2U1~ REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Adoption of a resolution authorizing $6,465,000 refunding bond sale of the $8,350,000 G.O. Tax Increment Bonds, Series 2001 A, dated April 1, 2001. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the refunding of the $8,350,000 G.O. Tax Increment Bonds, Series 2001 A, dated April 1, 2001, with the $6,465,000 G.O. Tax Increment Refunding Bonds, Series 2010B. IL BACKGROUND In 2001 the City issued the $8,350,000 G.O. Tax Increment Bonds, Series 2001A for the purpose of financing the construction of the Penn Avenue Bridge associated with the Best Buy Development. With interest rates at historical lows, staff has requested Ehlers & Associates, Inc. to review this bond issue to determine if refunding was feasible at this time. Upon review of this bond issue, Ehlers & Associates, Inc. recommends undertaking a bond refunding to take advantage of the low interest rates. The type of refunding being presented is a crossover refunding. In a crossover refunding, bonds are issued in advance of a specified call date. The proceeds of the 1109 Refunding 2001A Bonds IVi1ME, TITLE issue are invested in government securities and held in escrow. The money in the escrow account is used to pay interest on the new issue until the call date. At the call date, the funds in the escrow are then used to prepay the bonds to be called. The City would then begin to make payments on the newly issued "refunding bonds." Accordingly, the Series 20106 bonds are being issued to provide funds sufficient for a crossover refunding on August 1, 2011, of all of the City's callable G.O. Tax Increment Bonds, Series 2001A, dated April 1, 2001. The paramount of the Series 2001A bonds to be called on the call date is $6,275,000. The funds currently being used to service the 2001A Bonds for the Penn Avenue Bridge are derived from tax increment generated by Best Buy. Under the terms of the existing Development Agreement between Best Buy and the Richfield Housing and Redevelopment Authority (HRA), any tax increment financing (TIF) funds that exceeded the bridge bond debt service and a capped payment to the HRA for reimbursement of administrative costs and payment into the Housing and Redevelopment Fund would be provided to Best Buy. Best Buy has generously offered, however, to amend the Development Agreement in a way that allows 100% of the savings resulting from this bond refinance to go into the Housing and Redevelopment Fund. III. BASIS OF RECOMMENDATION A. POLICY • N/A B. CRITICAL TIMING ISSUES • The sale of the refunding bonds at this time will allow the City to take advantage of the low interest rates and realize savings. C. FINANCIAL • On the basis of Ehlers & Associates, Inc. review, it appears that the current interest rate climate makes it feasible to refund the bond issue. • The $6,465,000 G.O. Tax Increment Refunding Bonds, Series 20108 are being issued to provide funds for a crossover refunding on August 1, 2011, on all of the City's callable G.O. Tax Increment Bonds, Series 2001 A. The par amount of the Series 2001 A bonds which will be callable on August 1, 2011 total $6,275,000, which will have maturities on February 1 in the years 2011 through 2024. • It is estimated that this refinancing under current rates would reduce the principle and interest costs of paying this debt by approximately $1,017,750 (which equates to an annual savings of approximately $78,000). • This savings expressed in present value terms is around 13.2% of the refunded principal. The minimum savings required by Minnesota state law for an advanced refunding is a present value savings of 3.00%. • The annual savings realized by the refunding will be deposited into the Richfield Housing and Redevelopment Authority's (RBA's) Housing and Redevelopment Fund. Staff will bring recommendations to the City Council and HRA in the future with recommendations on how to use the annual savings. • It is the intent of the City to continue to use tax increment revenues from the Interchange West and Lyndale Gateway Tax Increment Financing District to pay the debt service. • The bonds are being issued fora 13-year period; this does not extend the term of the original issue. The maturity date of the new refunding issue will be the same as the current outstanding issue. D. LEGAL • Only one crossover refunding of the Series 2001A bonds is legally allowed. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Disregard the current refunding option, continue to retire the bonded debt as presently scheduled, and forego the projected savings. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representative from Ehlers & Associates, Inc. /D - I RESOLUTION NO. RESOLUTION PROVIDING FOR THE SALE OF $6,465,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2010B A. WHEREAS, the City Council of the City of Richfield, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $6,465,000 General Obligation Tax Increment Refunding Bonds, Series 2010B (the "Bonds"), provide funds sufficient for a crossover refunding on August 1, 2011, of all of the City's callable General Obligation Tax Increment Bonds, Series 2001A, dated April 1, 2001, issued in the amount of $8,350,000, callable in the amount of $6,275,000, which mature on February 1 in the years 2011 through 2024; and B. WHEREAS, the City has retained Ehlers & Associates, -Inc., in, Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on December 14, 2010, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Adopted by the City of Richfield, Minnesota on this 9t" day of November, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 Other Business 210 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY ~~ MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a work proposal presented by WSB & Associates for the preliminary engineering of the Richfield Parkway North Connection to Bloomington Avenue. I. RECOMMENDED ACTION: By Motion: Approve the hiring of WSB & Associates to provide preliminary engineering for the Richfield Parkway North Connection, developing a final layout for the Richfield Parkway (17th Avenue) to Bloomington Avenue connection at a cost not to exceed $35,000. II. BACKGROUND Consistent with the Capital Improvement Plan and with both the City's Comprehensive Plan and Surface Water Management Plan, the Transportation Commission is proceeding with the preliminary design of the Richfield Parkway North Connection between 17th Avenue and Bloomington Avenue. Replacement Connection & Taft/Legion Regional Stormwater Quality Project Staff has had ongoing discussions with the Minnehaha Creek Watershed District (MCWD) regarding the Taft/Legion Regional Stormwater Quality Project. The MCWD has shown an interest in working cooperatively with the City to complete the project, including significant financial support for the capital costs. The plans include .perimeter ponding around the lake in the location currently occupied by the frontage road. The development agreement with Ryan Companies 110910WSB calls for the City to maintain a north connection to Cedar Point Commons. A replacement to the frontage road (or Richfield Parkway North Connection) will need to be constructed before the water quality project can move forward. The anticipated construction schedule is 2012 (frontage road replacement) - 2013 (water quality improvements). Stakeholder Involvement All stakeholders, including residents and businesses, the Transportation Commission, Three Rivers Park District, Metro Transit, Hennepin County, and multiple City Departments will need to be actively engaged in the development of the preliminary design of this connection for the project to be successful. The attached schedule outlines the anticipated process for developing the final layout for the north connection. Project Schedule The study is expected to be completed in February 2011, allowing for the final design to occur in 2011. Over the duration of the study, the connection will be presented and discussed at the following dates and times, all of which will be open to the public: Wednesday, November 3, 2010, 7:00 pm -Transportation Commission Meeting Wednesday, November 17, 2010, 7:00 pm -Public Open House Wednesday, December 1, 2010, 7:00 pm -Transportation Commission Meeting Wednesday, January 5, 2011, 7:00 pm -Transportation Commission Meeting Wednesday, January 19, 2011, 7:00 pm -Public Open House Tuesday, January 25, 2011, 6:00 pm -City Council Study Session Wednesday, February 2, 2011, 7:00 pm -Transportation Commission Meeting Thursday, February 10, 2011, 7:00 pm -Public Open House Tuesday, February 22, 2011, 6:00 pm -City Council Meeting III. BASIS OF RECOMMENDATION A. POLICY • The Richfield Parkway - Taft/Legion Lake Improvements are identified in the Capital Improvement Budget/Plan. • The replacement of Cedar Avenue with Richfield Parkway is identified in the Transportation section of the City's Comprehensive Plan. • The Taft Lake Regional Improvement Project is identified in the City's Surface Water Management Plan. B. CRITICAL TIMING ISSUES • The Parkway connection must be in place before the frontage road around Taft Lake can be removed for stormwater quality improvements. C. FINANCIAL • The anticipated execution of a cooperation agreement between the City and the MCWD would trigger the sale of a General Obligation Storm Sewer Utility Bond to cover the project costs (to be reimbursed by MCWD). Alternatively, the cost of the preliminary design would be covered using a combination of other City funds. The estimated cost for preliminary design services is $34,757. D. LEGAL • The City Attorney will be available to answer questions.. E. ENVIRONMENTAL CONSIDERATIONS • The Richfield Parkway North Connection is essential to the removal of the Taft Lake frontage road allowing the Taft Lake Water Quality Project to move forward. IV. ALTERNATIVE IZECOMMENDATION~S~ • Council may choose to not approve the proposal at this time and direct staff on how to proceed; however, failure to progress with the preliminary design of Richfield Parkway may delay the advancement of the Taft Lake Water Quality Improvement Project. V. ATTACHMENTS • WSB & Associates Preliminary Design Cost Proposal • Map of Project Area • Study Master Calendar VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. a !~®~~a ~~~~r~ ~r~~3 ~~~s~~~s~ ~~~ ~~~°~ a 6~a~G~`~u~~~9 ~~s~~~,~~.1~ G~~~U~~ ~~~r~~~~s6~ ',. ~ SiY?Y3aPi0li 'Cx?vs ~~~~ Principal Senior PM I Des/'PraYf/Sur~• j CADD j Traffic Cow~ter ' ~~Admi» i Heppelmann Hale EnSineer Tedmfcian ~ ~ Total -_ _-- -~ ___513d -- 5134 - --_556 _.__ _1 S70a - ---- J~'y ~ 562 Hours I,, :;osE _ -_- Task Descf~i trorz ~' ~ ~~' ,^ -- ------ It-- I P~©,-&,~ T @~ilAN_4C~u~'1~IY.iV'T - -' S 20 25 ~ 5 3,3~® 2 1~ATAC©LLIECT4®N ~ .._ d3 3a ~~ ~ --- oa TRAFFIC/TURN MOVEMENT COUN1`S ~ 6 34 d0 ~i~ $ 2] b2 PROPER"1"Y INFOKMA"LION (I) l2 _ _ 12 !~~ $ 1"032 3 ?v1JEE"1"li~Gh / 4'4'~13L1C PrA12'fl'flC14'A'4'6©iN (2) 6 ~ 6fl ~ 6 21 ~ 2A 417_ _'~i_ii ]s,OJ3 ~ TRANSPORTATION COMiV11SS1ON --- - - - - - 20 - .i -- - 5 - - ----- 5 -- --- 33 ~~ $ 3,530 ~ ~ TECIINICAL ADVISORY/C1TY S1A)iP 15 ~_ _ ~ 5 5 ~5 S $ 2,Sd~ 3 PUBLIC INFORMATION 3 '~ 12 6 6 ~ 12 39 S 3,900 } --- - 2 CLLY COUNCIL a 8 2 12 ~' S 1 d6d 1 EACH BllCE TASK POKCE/COMMUNITY SERVICES COMMISSIOS b ~ 2 3 ~~~ 5 I Old ~~I -- - - - - ~ - -- ---- - d P1Z>.' i 14N A12~' +DES4GN - -- 12 G~d 2=1 = G fl30 ~~ S _~,> i0 CONCEPTUAL ALTERNA"LIVES _ - 2 d -- S I Id ! S 6dd REFINED AL'fERNA"LIVES (=}) 2 3 _~ 3 _ IZ ~ I 3D ~ ?' i , $ ~,_SS T21,FFiC FORECASI'1NG/OPERATIONS ANALYSIS b dd _ _ - _ ' d i=4 ,' $ ~y48 - - - - SOS"1" ESTIMATING - _ I~ - - __ d _ __ 12 76 ~~ -1 - - --- - -- ~ - - - - - - - T --- ~ ` - - 5 _ _L~68 I ALTERNATIVE SELECTION/RECOMMENDATION - 2 ~ d -} d ~ fl6 I $_ i,Sy2 - ~- I - _ii "II'oQ:n- 1~ou: s - - - -- - _ ~ -- 22 1~1~ !3 6~ ----' ----- ~~ --- 30 32s I S~ 3 d 7~7 ._ ~ ___ _ -I~ ~~=/:f?~ ~~`-~~'r= ~ $~,JdB $l J,d30 `p4,128 Sd,/25 $1,666 ~ $1,860 ~~ `~ ~"~,7`>/ ii (1) DOES NOT iNCLUllE PROPER"fY 1NFORIVIA"LION SEARCHES / `CITLEWORK TO VERIFY. IF NEEDED, COST [S 5200 PER PARCEL. (2) ~VII:ETING TIMES INCLUDE PREPA12ATiON OF MATE=RIALS. MINUTES AND TRAVEL TIME (3) ESTIMATED'C1ME INCLUDES COMPILATION OP COMMENTS RECEIVED 1N ADDITION 'PO 1vIA'1'1:RIAL.S AND MINUTES. (d) ASSUMES A .tiIAXIMUM OP d AL'C[:RNt\TIVES TO BE INVESTIGAI"ED 35 10/18/2010 1 w~ "'rte `'~' ~ .a Y c _ ~ 59th St - ~~tf . ~`~~ f ~`, „~ .• w ~e Ito ~nneha~aa ~~':~~~~ `~~~~`'" - - __ \ - -- .>,.. ', ` xr ~ , :~ a: y .~ s _ ;. High Flow Outlets ~ ~...~"~ Y~ 4 F ~' _~ :~-o~ f ~-~f~~~ g~, ' ~~~ rr ~r-A FYA - - ~T r ~,~ d .-_!'F ~ t 1. ~r'~~- ~ t %i State N ^N " 62 - State Nwy /'~ ~'~h Construct 1°a~rt Lake Perimeter Tre~~e~~+~ ,~y~te ;,4 ~~ N N. L. I~otlaer sake O~;~tlet 62nd St _ ~ I .r k~, j~ow Flow Bypass ~>* ~ ~ -- to Perimet~~~ -~ ~~atment System °~~~ Remove 2~~0 ~~near Feed of ~~isting .{{ ~~:;,. `; .` ~ ;,~ ~#:, `! _ -:. u '_.' -, 4 ,Frontage Road and Replace With 770 Feet of IVew Bypass Road Active Irriga~~~o~ ~~~filtra~~~~~a S .. _ ~ -- - .~- -- System Area (20 Acres) ~. ~_ ~ ~`~ `~ dF ~ V. "~ .-~ , ~- Taft Lake/~~~~~~ ~~J~~ ~1~~~~~~~~~~~ u ~:~~~ ~~°~~,~ mater C~uality Irnprover~aent Projec~~ "' E WSB _, 0 250 500 ~ .9asuciun~.c. Lrc. ' -- Detail Map s ~_~-.-~:: Feet 7~ /3 Reglanal Tiall'•vlll pass through fall Intersection dela~ls to be delonnmed m conlunrhon enth Public Waiks Wermitlenl medians and redevelopment paUems niay elinuna(e several east-West street connections. reducing traffic m surroundlny neighborhoods. Parkway Allgnmenl Opllon A will curve to follow the back yard of houses lacing 181h Avenue, the ROW Is established al the exlstiny bark yard properly tine with ROW expansion to the cast - Parkeray Alignment Opfwn 6 will curve east of the existing Cedar Avenue to maxinuzc development opporlunibcs.- Two allernallve regional Irail routes could follow eilhrr Old Cedar Avenue or the Parkvray; the Cedar allgnmenl mlghl be used Icmnoranly unlit the Paikcay Is constructed. Intersection details to be delennmed m conlunclion m(h Public Works 6lglneenng Parkway Allgnmenl Opllon A could turn to follow Diagonal Boulevard l0 11.Ih Avenue turn east to connect vnlh Cedar Avenue south l0 7GIh Slreel. Parkway Alignment Option B lollovrs the exisling Cedar Avenue south l0 7GIh Slreel. Commemlal Redevelopment Polenllal Rcsldenlial Redevelopment Op!ional Redevelopment u TIF District and 87db Zone boundary Park••vay Allgnmenl Option A (Back Vard) Park••vay Alignment Option B (Cedar) NORTH Regional Trail Corridor Options [.-® ~r~~ I lC. 19 II II I.. ~ 0 ~i' I II ~n~ 'rnr' `v~ I,';rl'rliiv~l4 l rillr,r~r.~;cit::~ I j~ ,~ Y R q r~ ~• F ; ) . ~_~ ' ~ Fri r I •-' f ; I I A I ~ ~ ~~ 7 ~ C~ 2 A y; ~= ' ~. ;• ~ I 9 Richfield Parkway North Connection study IVlaster Calendar ~ s ^ o ® .~ Sun Mon Tue Wed Thu Fri Sat 1 2 3 Q 4 5 6 7 8 9 10 11 12 13 14 15 16 0 17~~ ~8 19 20 21 22 D 23 24 25 26 27 28 29 30 Sun Mon 4 !_~ Tue ' ~ Wed Thu Fri Sat 1 2 3 4 5~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19~ 20 D 21 22 23 24 25 0 26 27 28 29 30 31 Sun Mon ~~~ Tue ~ .. Wed ~1 Thu Fri Sat 1 Q 2 3 4 5 a 7 8 9 10 11 12 13 14 15 16 D 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sun Mon Tue Wed ~:ri Thu) s Fri Sat 1 2 Q 3 4 5 6 7 8 9 10~ 11 12 13 14 D 15 16 17 18 19 20 21 22 0 23 24 25 26 27 28 Transportation Commission Meeting O City Council Mtg/Work Session 0 Community Services Commission Meeting Public Information Meeting Bicycle Task Force Meeting D Technical Advisory Committee fvleeting AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 12 REPORT # ~ 211 :~x L a:>: a „~ ..., ~;:... STAFF REPORT CITY COUNCIL MEETING NOVEMBER 9, 2010 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: ,, _ KRLTMHOLZ, EXEC. COORDINATOR. NAME, ITEM FOR COUNCIL CONSIDERATION: Consideration of the City Council's confirmation of the Mayor's appointment of a Housing and Redevelopment Authority (HRA) Commissioner. ~~ I. RECOMMENDED ACTION: ~~ By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five year commencing November 9, 2010 and expiring October 31, 2015 or until such later date as a successor is apaointed and aualified. II. BACKGROUND HRA Commissioner David Gepner was appointed on November 7, 2005. Commissioner Gepner's term expired on October 31, 2010 (or until such later date as a successor was appointed and qualified.) To ensure a quorum at future HRA meetings, the City Council should make an appointment at their November 9, 2010 meeting. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated an appointment will be made to the HRA for afive-year term at the November 9, 2010 City Council meeting. 1109HRA B. CRITICAL TIMING ISSUES • To ensure a quorum at future meetings, the City Council should take action on this item on November 9, 2010. C. LEGAL • None A. ENVIRONMENTAL CONSIDERATIONS • NA IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could decide not to confirm the Mayor's appointment. • If the City Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.