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112613completeagenda CITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 26, 2013 SPECIAL CITY COUNCIL WORKSESSION BARTHOLOMEW ROOM 5:45 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 5:45 - 6:15 p.m. 1. Discussion regarding the Orange Line BRT I-494/1-35W Station (Council Memo No. 109) Notes: SPECIAL CONCURRENT CITY COUNCIL, HOUSING AND REDEVELOPMENT AUTHORITY AND PLANNING COMMISSION WORKSESSION BARTHOLOMEW ROOM 6:15 P.M. AGENDA Call to order Roll call (Worksession discussion times are approximate) 6:15—6:55 p.m. 1. Discussion regarding the Academy of Holy Angels Campus Master Plan Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 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 the minutes of the (1) Special City Council Meeting of November 12, 2013; (2) Special City Council Worksession of November 12, 2013; (3) Regular City Council Meeting of November 12, 2013; and (4) Special City Council Closed Executive Session of November 18, 2013 PRESENTATIONS 1. Recognition of citizens and Ice Arena staff involved in successful CPR resuscitation (Council Memo No. 110) 2. Annual meeting with the Community Services Commission 3. Annual meeting with the Transportation Commission COUNCIL DISCUSSION 4. Council discussion • Schedule annual City Council and staff goalsetting session (Council Memo No. 112) • Schedule meeting with local legislators (Council Memo No. 112) • Schedule advisory commission interviews (Council Memo No. 112) • Hats Off to Hometown Hits Notes: AGENDA APPROVAL 5. Council approval of the agenda CONSENT CALENDAR 6. 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 on these items 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 the approval of a resolution accepting a grant from the Target Corporation in the amount of$4,400 and donations from Modern Manufacturing & Engineering, Inc. ($750); Richfield Police Federation ($150); Martin Costello ($300); and Lisalan Thai of Counselor Realty ($150) for the Richfield Police Department Heroes and Helpers program S.R. No. 234 B. Consideration of the approval of the bid minutes/tabulation and award of a contract to Graymont (WI), LLC Company for the purchase of quick lime for water treatment in the amount of$216,790 ($154.85/ton) for 2014 S.R. No. 235 Notes: 7. Consideration of item(s), if any, removed from Consent Calendar Notes: PROPOSED ORDINANCES 8. Consideration of the second reading of an ordinance amending Subsection 544.13, Subd. 6 related to parking requirements for restaurants serving minimal alcohol that are located within shopping centers Staff Report No. 236 Notes: 9. Consideration of the second reading of Ordinance 541.19 amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours and a resolution authorizing summary publication of Ordinance 514.19 Noise Attenuation Staff Report No. 237 Notes: RESOLUTION 10.Consideration of a resolution regarding a subdivision waiver granting the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for the construction of new single family homes Staff Report No. 238 Notes: CITY MANAGER'S REPORT 11.City Manager's Report • Launching of electronic City Council agenda packets effective on January 14, 2014 Notes: 12.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: 13.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. CITY OF RICHFIELD, MINNESOTA Office of City Manager November 21, 2013 Council Memorandum No. 109 The Honorable Mayor and Members of the City Council Subject: Orange Line BRT I-494/1-35W Station (Worksession Agenda Item No. 1) Council Members: At the upcoming City Council worksession, Metro Transit will present on the location alternatives for the Orange Line Bus Rapid Transit station in the area of the I-494/1-35W Interchange. The goal for this worksession is to review the pros and cons of the location alternatives and provide feedback to Metro Transit on a preferred station location. Please contact Mike Eastling, Public Works Director, at 612-861-9792 with questions. Re- •ctf Ily submitt , •te ! ' . De4 1 ity Manager SLD:cak Email: Department Directors Assistant City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting gl./C/4 .661 Advisory Commission Applicant Interview November 12, 2013 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Sandahl at 6:00 p.m. in the Babcock Room. ROLL CALL MEMBERS PRESENT: Sue Sandahl, Mayor Pro Tempore; Edwina Garcia; and Tom Fitzhenry. MEMBERS ABSENT: Debbie Goettel, Mayor and Pat Elliott. INTERVIEW OF APPLICANT The City Council conducted an interview of the following applicant for appointment to an advisory commission. Eric Melendez ADJOURNMENT The meeting was adjourned by unanimous consent at 6:12 p.m. Date Approved: November 26, 2013. Suzanne M. Sandahl Mayor Pro Tempore Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MINUTES Richfield, u Minnesota ge,C4lh 'end. Special City Concil Worksession November 12, 2013 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Sandahl at 6:17 p.m. in the Bartholomew Conference Room. ROLL CALL Council Members Suzanne M. Sandahl, Mayor Pro Tempore, Edwina Garcia and Tom Fitzhenry. Present: Council Members Debbie Goettel, Mayor; and Pat Elliott. Absent: Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager; Kristin Asher, Assistant Public Works Director; Chris Link, Operations Superintendent; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING THE STREETS PUBLIC RELATIONS PLAN (COUNCIL MEMO NO.105) Scott Basuhn, consultant working with the Public Works Department, presented the draft communications plan and strategy for the proposed capital improvement investments related to Richfield streets, including a six-year mill and overlay, 66th Street reconstruction, Portland Avenue reconstruction, and increase in franchise fees. The City Council consensus was to proceed with the proposed communication plan, including the `Sweet Streets - Better Roads, Better Streets' identification. Item # II DISCUSSION REGARDING THE RENAMING OF 77TH STREET City Manager Devich explained the renaming of 77th Street could assist in developing an identity for Richfield, including relating it to the 77th Street tunnel. He suggested working with the Richfield Chamber of Commerce to involve the business community and the Richfield Tourism Promotion Board to develop branding for the City. He added naming a street is within the purview of the City Council to determine. Special Worksession Minutes -2- November 12, 2013 Community Development Director Stark suggested the renaming be a transitional change due to business impacts. The City Council consensus was to have staff proceed with developing a process for renaming 77th Street, including the Richfield Tourism Promotion Board and the Richfield Chamber of Commerce, and returning to the City Council for additional discussion. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:55 p.m. Date Approved: November 26, 2013 Suzanne M. Sandahl Mayor Pro Tempore Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager III CITY COUNCIL MEETING MINUTES Richfield, Minnesota cA :�''ed Regular Meeting g g November 12, 2013 CALL TO ORDER The meeting was called to order by Mayor Pro Tempore Sandahl at 7:00 p.m. ROLL CALL Members Present: Suzanne M. Sandahl, Mayor Pro Tempore, Edwina Garcia and Tom Fitzhenry. Members Absent: Debbie Goettel, Mayor; and Pat Elliott. Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Jim Topitzhofer, Recreation Services Director; Pam Dmytrenko, Assistant City Manager; Chris Link, Operations Superintendent; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. M/Fitzhenry, S/Sandahl to excuse the absence of Mayor Goettel and Council Member Elliott from the Special City Council Meeting, Special City Council Worksession and Regular City Council Meeting of November 12, 2013. Motion carried 3-0. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Pro Tempore Sandahl led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Garcia, S/Fitzhenry to approve the minutes of the (1) Regular City Council Meeting of October 22, 2013; (2) Special City Council Meeting of October 26, 2013; and (3) Special City Council Meeting of November 2, 2013. Council Meeting Minutes -2- November 12,2013 Motion carried 3-0. Item #1 ANNUAL MEETING WITH THE PLANNING COMMISSION Rich Jabs, Chair, presented the Planning Commission's annual report. Item #2 PRESENTATION REGARDING THE CITY OF RICHFIELD SNOW REMOVAL ORDINANCE AND WINTER PARKING RESTRICTIONS Operations Superintendent Link explained the City of Richfield winter parking ordinance. Item #3 COUNCIL DISCUSSION • CANCEL OR RESCHEDULE THE TUESDAY, DECEMBER 24, 2013 REGULAR CITY COUNCIL MEETING • OPENGOV.COM • HATS OFF TO HOMETOWN HITS M/Garcia, S/Fitzhenry to cancel the Tuesday, December 24, 2013 Regular City Council Meeting. Motion passed 3-0. Assistant City Manager Dmytrenko discussed the OpenGov.com budget transparency tool recently launched by the City. Council Member Fitzhenry acknowledged the success of the recent `Coffee with a Cop' event. Council Member Fitzhenry discussed the Beyond the Yellow event on Veterans Day at the Honoring All Veterans Memorial. Council Member Fitzhenry acknowledged Grey Duck Tattoo for donating bean bag toss boards as part of this year's City Charitable Giving Campaign. Council Member Garcia thanked Richfield residents for supporting the school technology referendums at the November election and also acknowledged the recently elected new Richfield School Board Members. Item #4 COUNCIL APPROVAL OF AGENDA M/Fitzhenry, S/Garcia to approve the agenda. Motion carried 3-0. Item #5 CONSENT CALENDAR A. Consideration of the approval of a resolution supporting the Move MN Campaign addressing the need for a state-level comprehensive transportation funding package S.R. No. 220 RESOLUTION NO. 10858 Council Meeting Minutes -3- November 12,2013 RESOLUTION FOR SUPPORT OF THE MOVE MN CAMPAIGN This resolution appears as Resolution No. 10858. B. Consideration of the approval of the purchase order to Ziegler Inc. for the purchase of a front-end loader for the Public Works Department in the amount of$225,165 plus tax and license fees S.R. No. 221 C. Consideration of the approval of a resolution authorizing the City of Richfield to enter into an agreement with Three Rivers Park District for winter use for the Nine Mile Creek Regional Trail S.R. No. 222 RESOLUTION NO. 10859 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO AN AGREEMENT WITH THREE RIVERS PARK DISTRICT FOR WINTER USE FOR THE NINE MILE CREEK REGIONAL TRAIL This resolution appears as Resolution No. 10859. D. Consideration of the approval of the first reading of an ordinance amendment to the Richfield City Code Section 551 (Zoning: Official Map) to include Subsection 551.02 77th Street Underpass and scheduling the public hearing and second reading on December 10, 2013 S.R. No. 223 E. Consideration of the approval of the renewal of the pawnbroker and secondhand goods dealer licenses for 2014 for Metro Pawn and Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry and setting the public hearing on December 10, 2013 S.R. No. 224 F. Consideration of the approval of the renewal of the on-sale wine and on-sale 3.2 percent malt liquor licenses for 2014 for Thompson's Fireside Pizza; Red Pepper Chinese Restaurant; The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles and Company (two locations); Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Lariat Lanes; Patrick's Bakery & Café; and Joy's Pattaya Thai Restaurant and setting the public hearing on December 10, 2013 S.R. No. 225 G. Consideration of approval of the renewal of the on-sale intoxicating and Sunday liquor licenses for 2014 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; Pizza Luce VII, Inc.; and Financial Guidance Inc. d/b/a Four Points by Sheraton and setting the public hearing on December 10, 2013 S.R. No. 226 H. Consideration of the approval of the first reading of an ordinance amending Subsection 544.13, Subd. 6 related to parking requirements for restaurants serving minimal alcohol that are located within shopping centers S.R. No. 227 I. Consideration of the approval of the first reading of a transitory ordinance vacating a street right-of-way easement adjacent to and within the boundaries of 6401 Penn Avenue (Fire Station 2) and calling for a public hearing and second reading for December 10, 2013 S.R. No. 228 J. Consideration of the approval of the first reading of Ordinance 541.19, amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours and scheduling the second reading for November 26, 2013 S.R. No. 229 M/Garcia, S/Fitzhenry to approve the Consent Calendar. Motion carried 3-0. Council Meeting Minutes -4- November 12,2013 Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #7 CONSIDERATION OF THE FIRST READING OF: • AN ORDINANCE MODIFYING THE ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF RICHFIELD AND SCHEDULING THE PUBLIC HEARING AND SECOND READING FOR DECEMBER 10, 2013 • A PROPOSED ORDINANCE MODIFYING THE GAS FRANCHISE FEE ON CENTERPOINT ENERGY FOR PROVIDING GAS SERVICE WITHIN THE CITY OF RICHFIELD AND SCHEDULING THE PUBLIC HEARING AND SECOND READING FOR DECEMBER 10, 2013 S.R. NO. 230 Mayor Pro Tempore Sandahl presented Staff Report No. 230. Public Works Director Eastling discussed the residential road pavement management program, the role of franchise fees and the communications plan. M/Sandahl, S/Fitzhenry to approve of the first reading of an ordinance modifying the electric franchise fee on Northern States Power d/b/a Xcel Enemy for providing electric service within the City of Richfield and scheduling the public hearing and second reading for December 10, 2013 and to approve the first reading of an ordinance modifying the gas franchise fee on CenterPoint Enemy for providing gas service within the City of Richfield and scheduling the public hearing and second reading for December 10, 2013. Motion carried 3-0. Item #8 CONSIDERATION OF THE ACCEPTANCE OF THE BID MINUTES/TABULATION AND AWARD OF THE CONTRACT TO DERAU CONSTRUCTION FOR THE MINNESOTA MAGICIANS LOCKER ROOM ADDITION AT THE RICHFIELD ICE ARENA IN THE AMOUNT OF $510,900 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS S.R. NO. 213 Council Member Fitzhenry presented Staff Report No. 213. Recreation Services Director Topitzhofer stated the award of contract is for the locker room addition only and the remaining improvements to the Ice Arena will come before the City Council in the future. Mike Klass, Wold Architects, reviewed the design of the locker room addition. M/Fitzhenry, S/Sandahl to approve the bid minutes/tabulation and award of the contract to Derau Construction for the Minnesota Magicians locker room addition at the Richfield Ice Arena in the amount of$510,900 and authorize the City Manager to execute the contract documents. Motion carried 3-0. Item #9 CONSIDERATION OF AN APPOINTMENT TO FILL A YOUTH TERM ON A CITY ADVISORY COMMISSION S.R. NO. 232 Council Meeting Minutes -5- November 12,2013 Council Member Garcia presented Staff Report No. 232. M/Garcia, S/Sandahl to make the following appointment: FRIENDSHIP CITY COMMISSION Name Term Expires Eric Melendez (youth) August 31, 2014 Motion carried 3-0. Item #10 CONSIDERATION OF THE CITY COUNCIL'S CONFIRMATION OF THE MAYOR'S APPOINTMENT OF A HOUSING AND REDEVELOPMENT AUTHORITY (HRA) COMMISSIONER FOR A FIVE-YEAR TERM COMMENCING NOVEMBER 12, 2013 AND EXPIRING NOVEMBER 12, 2018 S.R. NO. 233 Mayor Pro Tempore Sandahl read a memo submitted by Mayor Goettel putting forth the nomination of Mary Supple for HRA Commissioner. M/Fitzhenry S/Garcia to appoint Mary Supple as Housing and Redevelopment Authority Commissioner for a five-year term. Motion carried 3-0. Item #11 CITY MANAGER'S REPORT None. Item #12 CLAIMS AND PAYROLLS M/Fitzhenry, S/Garcia that the following claims and payrolls be approved: U.S. Bank 11/12/13 A/P Checks: 226277 - 226735 $ 2,230,894.81 Payroll: 96582 —97239 $ 1,128,445.12 TOTAL $ 3,359,339.93 Motion carried 3-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:56 p.m. Council Meeting Minutes -6- November 12,2013 Date Approved: November 26, 2013 Suzanne M. Sandahl Mayor Pro Tempore Cheryl Krumholz Steven L. Devich Executive Coordinator City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota geehp,eed Special City Council Closed Executive Session November 18, 2013 CALL TO ORDER The Closed Executive Session was called to order by Mayor Goettel at 6:00 p.m. in the Babcock Conference Room. ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott, Sue Sandahl; Edwina Garcia; and Tom Present: Fitzhenry. Staff Present: Steven L. Devich, City Manager; Todd Sandell, Public Safety Director; and Pam Dmytrenko, Assistant City Manager. Others Present: Julie Fleming-Wolfe, attorney. Item #1 DISCUSSION REGARDING PENDING LITIGATION ENTITLED PETERSON V. CITY OF RICHFIELD (PC0012936) The Closed Executive Session was convened pursuant to M.S. 13D.05 ADJOURNMENT The Closed Executive Session was adjourned by unanimous consent at 6:55 p.m. Date Approved: November 26, 2013 Debbie Goettel Mayor Pam Dmytrenko Steven L. Devich Assistant City Manager City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager November 21, 2013 Council Memorandum No. 110 The Honorable Mayor and Members of the City Council Subject: Recognition of Citizens and Ice Arena Staff Involved in Successful CPR Resuscitation (Agenda Item No. 1) Council Members: On September 19, 2013 at approximately 7:25 PM, Scott Rodriguez was playing hockey with several long-time friends at the Richfield Ice Arena when he suffered a heart attack which resulted in him experiencing a Sudden Cardiac Arrest. Three teammates, Robert Mueller, Roger Gilbert and Tom Brigl came to his aid by contacting Arena staff and beginning CPR. Ice Arena employees, Alvin Moore and Gary Piram, quickly grabbed the onsite Automatic External Defibrillator (AED) and applied the device to Mr. Rodriguez. The AED delivered one shock as Richfield Fire Department personnel arrived. Firefighters immediately began high-performance CPR and worked with HCMC EMS paramedics to continue delivering care. The immediate and actions of his teammates and Ice Arena personnel were critical in the successful chain of survival of Mr. Rodriguez. For these actions, Mr. Mueller, Mr. Gilbert, Mr. Brigl, Mr. Moore and Mr. Priam will be presented with a Certificate of Appreciation from the Fire Department and the American Heart Association Heartsaver Hero Award at the Council meeting on Tuesday, November 26, 2013. R=t- "u y submitte 1 Stev . Devic City anager SLD:wfk Email: Department Directors Assistant City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 6A REPORT# 234 STAFF REPORT Greed CITY COUNCIL MEETING NOVEMBER 26, 2013 REPORT PREPARED BY: AMY DUSEK, JCPP LIAISON NAME,TITL DEPARTMENT DIRECTOR REVIEW: 1::( , foor& SIGNATURE OTHER DEPARTMENT REVIEW: ® N/A SIGNA'URE .4 f REVIEWED BY CITY MANAGER: [I / %. ITEM FOR COUNCIL CONSIDERATION: Council approval to accept donations and Target grant for the Richfield Police Department Heroes and Helpers program. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting grant from the Target Corporation in the amount of $4,400 and donations from Modern Manufacturing & Engineering , Inc. ($750), Richfield Police Federation ($150), Martin Costello ($300) and Lisalan Thai of Counselor Realty ($150) for the Richfield Police department Heroes and Helpers program. II. EXECUTIVE SUMMARY The Richfield Police Department's Heroes and Helpers program (formerly Shop with a Cop) allows underprivileged kids an opportunity to shop for Christmas presents for their families, accompanied by Richfield Police Officers and community members. Funding for this program is being provided by a grant from Target Corporation as well as donations from: Modern Manufacturing and Engineering, Inc., Richfield Police Federation, Martin Costello and Lisalan Thai of Couselor Realty. This year, the number of the kids participating in the program has increased from 10 to 12. 112613 Resolution accepting donations for Heroes&Helpersxxx III. BASIS OF RECOMMENDATION A. BACKGROUND • The Target Corporation has awarded a grant in the amount of$4,400 to the Richfield Police Department Heroes and Helpers program. The Target Corporation has been partnering with the Richfield police Department for this program since 2010. • Modern Manufacturing & Engineering, Inc., the Police Federation, Martin Costello and Lisalan Thai have all donated money to sponsor children for this program in the past as well. B. POLICY • Minnesota Statue 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of City Council in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The Target Corporation grant of$4,400 and the donations from Modern Manufacturing & Engineering, Inc. ($750), Richfield Police Federation ($150), Martin Costello ($300) and Lisalan Thai ($150) have all been received. E. LEGAL • N/A F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Council could disapprove of the grant and donations and the checks would have to be returned. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A IDA I RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION ACCEPTING DONATIONS DESIGNATED FOR THE RICHFIELD POLICE DEPARTMENT HEROES AND HELPERS PROGRAM. WHEREAS, the Target Corporation has presented the Richfield Police Department with a grant of$4,400 for the Heroes and Helpers program; and, WHEREAS, donations have also been received from Modern Manufacturing & Engineering, Inc. ($750), Richfield Police Federation ($150), Martin Costello ($300) and Lisalan Thai of Counselor Realty ($150); and, WHEREAS, the Richfield Police Department has designated the grant money and donations be used to fund the Heroes and Helpers event which will enable disadvantaged children to purchase gifts for their families for Christmas. NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield Police department will accept funds in the amount of$5,750 from: Target Corporation, Modern Manufacturing & Engineering, Richfield Police Federation, Martin Costello and Lisalan Thai to be used for the Heroes and Helpers event on December 11, 2013. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6B REPORT# 235 STAFF REPORT GC4 teed CITY COUNCIL MEETING NOVEMBER 26, 2013 REPORT PREPARED BY: ROBERT HINTGEN,UTILITY, SUPERINTENDENT N TITLE DEPARTMENT DIRECTOR REVIEW: 141 SIGNATURE OTHER DEPARTMENT REVIEW: N/A SIGNATURE REVIEWED BY CITY MANAGER: '/ ITEM FOR COUNCIL CONSIDERATION: Consideration of a contract with Graymont (WI), LLC Company for 1,400 tons of quick lime for water treatment. I. RECOMMENDED ACTION: By Motion: Approve contract with Graymont (WI), LLC Company for the purchase of quick lime in the amount of $216, 790 ($154.85/ton) for 2014. II. EXECUTIVE SUMMARY Quick lime is a chemical used in the water treatment process to lower hardness in water. Approximately 1,400 tons of quick lime is required each year to produce softened water. On November 7, 2013, a bid opening was held and three bids were submitted. Graymont (WI), LLC Company was the lowest bidder and meeting all specifications and requirements. 11262013Quicklime III. BASIS OF RECOMMENDATION A. BACKGROUND • History of Quick Lime Contracts In the bid specifications for Quick Lime language was included to allow the contract to be extended for additional one-year periods to a maximum contract period of three years (with mutual consent of both parties). Graymont agreed to a one-year extension in 2011 at no increase in price. However, Graymont did not agree to extensions in 2012, 2013 or 2014, and instead, the City went through the bidding process. • On October 24, 2013, the ad for bid was published in the Sun Current with a bid opening on November 7, 2013. There were 3 bids received with Graymont being the lowest at $154.85/ton, or 8.3%, price increase for 2014. B. POLICY • Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice and awarded to the lowest responsible bidder. C. CRITICAL TIMING ISSUES • Quick lime is a necessary chemical required in the water softening process. The current contract expires on December 31, 2013. D. FINANCIAL • A recent history of prices for this product is: Years Base Price Est. Annual Cost Vendor 2007 $95.20/Ton $133,280.00 Cutler Magner 2008 $99.65/Ton $139,510.00 Cutler Magner 2009 $112.00/Ton $156,800.00 Graymont 2010 $120.00/Ton $168,000.00 Graymont 2011 $120.00/Ton $168,000.00 Graymont 2012 $124.45/Ton $174,230.00 Graymont 2013 $143.00/Ton $200,200.00 Graymont 2014 $154.85/Ton $216,790.00 Graymont • Funding for the purchase of quick lime is in the 2014 Water Department Budget, line item 51000-6413 (Chemicals). E. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds $100,000, authority to purchase shall be submitted to the City Council for consideration F. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S) • Council may reject the bid and direct staff to re-advertise; however, staff does not believe better price can be obtained from a reputable contractor. V. ATTACHMENTS • Bid Tabulation • Contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None 148 - � CITY OF RICHFIELD, MINNESOTA Bid Opening November 7, 2013 2:00 p.m. Water Treatment Chemicals - Quick Lime Bid No. 13-12 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for Water Treatment Chemicals - Quick Lime, as advertised in the official newspaper on October 24, 2013. Present: Nancy Gibbs, City Clerk Robert Hintgen, Utilities Superintendent Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Bidder's Name Bid Bond Part 1 Part 2 Total bid (per ton) Linwood Mining & Cashier's $110.00 $ 58.34 $ 168.34 Minerals, Inc. Check Pete Lien & Son's, Yes $115.00 $ 123.70 $ 238.70 Inc. Amount Graymont Yes $154.85 included in $ 154.85 Part 1 The City Clerk announced that the bids would be tabulated and considered at the December 10, 2013 City Council Meeting. Nancy Gibbs City Clerk (9?) - CITY OF RICHFIELD HENNEPIN COUNTY, MINNESOTA CONTRACT Purchase of Quick Lime Bid No. 13-12 Contract No. 2794 THIS AGREEMENT made this 26th day of November 2013 between the City of Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called "The City," and Graymont (WI), LLC, 800 Hill Avenue, Superior, WI 54880, the "Contractor," witnesseth; that the Contractor, in consideration of the payment of the contract price therefore, amounting substantially to TWO HUNDRED SIXTEEN THOUSAND, SEVEN HUNDRED NINETY AND NO/100 ($216,790.00) Dollars agrees to furnish all materials (except such as are specified to be furnished by the City, if any), all necessary tools and equipment, and to do and perform all the necessary work and labor for the full completion of City projects as follows: Purchase of 1,400 Tons of Quick Lime for the Water Treatment Plant At 6221 Portland Avenue South as per specifications, for the price and compensation set forth and specified in the proposal signed by the Contractor, which is hereto attached and hereby made a part of this Agreement, all in accordance with the specifications and special provisions therefore on file in the office of the Utility Superintendent, City of Richfield, and hereby made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and there respective successors and assigns. "The contract price is a unit price of$154.85 per ton in calendar year 2014." p p p Y The Contractor agrees that the work shall be done and performed in the best and most workmanlike manner; that all materials and labor shall be in strict conformity in every respect with the plans, specifications and special provisions for the improvement, shall be subject to inspection and approval of the City or a duly authorized engineer of the City, and in case any material or labor supplied shall be rejected by the City or engineer as defective or unsuitable, then such rejected material shall be removed, and replaced with approved material and the rejected labor shall be done anew to the satisfaction and Approval of the City or Utility Superintendent and at the cost and expense of the Contractor. 1 Purchase of Quick Lime Bid No. 13-12 Contract No. 2794 The Contractor further agrees that he will commence work immediately upon receipt of contract, and will have all work done and the improvement fully completed to the satisfaction and approval of the City Council of the City of Richfield, Minnesota, as provided in the specifications. Time is the essence of this contract for prompt completion and if the Contractor shall fail to complete the work within the time herein specified, the City shall have the right to deduct from the unpaid part of the contract price, the amount, or amounts specified in the specifications, or, if no moneys shall be due the Contractor, to recover damages in accordance with said specifications, for each and every working day thereafter during which the contract shall remain unfinished and incomplete, such damages being hereby agreed upon as liquidated damages in lieu of actual damages occasioned by such delay, but special provisions, if any, contained in the proposal are also continued in effect and shall be read and construed as part of this provision as to the completion and liquidated damages for delay. It is agreed, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which will delay the completion of the work, the City Council in its discretion, and in accordance with the specifications, may extend the date hereinbefore specified for completion, and in such case the Contractor shall become liable for said liquidated damages only for failure to perform within the time so extended. It is agreed, also, that delays caused by the elements or by strikes or other combined action of workmen employed in the construction or in the transportation of materials, but in no part caused or resulting from default or collusion on the part of the Contractor, shall be excused to the extent which the City Council may find and determine such conditions to have delayed completion within the time limit, but the judgement of the City Council in fixing such amount shall be final and conclusive upon the parties hereto. It is distinctly understood and agreed that no claims for extra work done or materials furnished by the Contractor will be allowed by the City Council except as provided herein, nor shall the Contractor do any work or furnish any materials not covered by the plans, specifications, special provisions, and this contract, unless such work is first ordered in writing, as provided in the specifications. Any such work or materials which may be done or furnished by the Contractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees that without such written order he will make no claim for compensation for work or materials so done or furnished. 2 Purchase of Quick Lime Bid No. 13-12 Contract No. 2794 It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City Council, and its agents or employees shall not be personally liable or responsible in any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvement provided herein. Dated at Richfield, Minnesota, this 26th day of November 2013. Signatures for Graymont (WI), LLC. Signatures for City of Richfield, MN By By Debbie Goettel, Mayor Its Date Date By By Steven L. Devich, City Manager Its Date Date 3 AGENDA SECTION: PROP. ORD. AGENDA ITEM# 8 REPORT# 236 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 26, 2013 REPORT PREPARED BY: MELISSA POEHLMAN, CITY PLANNER Nei -= ACTING DEPARTMENT DIRECTOR 1'A /I ``fr-��-1 I REVIEW: 'VAR (r OTHER DEPARTMENT REVIEW: ® N SIGNATU REVIEWED BY CITY MANAGER: F/ ',„„,I -4, d ITEM FOR COUNCIL CONSIDERATION: Second reading of an ordinance amending parking requirements for restaurants serving minimal alcohol that are located within shopping centers. I. RECOMMENDED ACTION: By Motion: Approve the attached ordinance amending Subsection 544.13, Subd. 6 related to parking requirements for restaurants within shopping centers. II. EXECUTIVE SUMMARY City staff continually monitors and notes areas of the Zoning Code that may require review. Parking requirements have been, and will likely continue to be, one of the more challenging regulatory items, as the City works to find a balance that allows for thriving commercial areas in close proximity to single-family neighborhoods. Staff will continue to evaluate parking requirements for various uses, but proposes this initial change related to restaurants located within shopping centers. Shopping centers require 3.5 —4 parking spaces per 1,000 square feet of floor area, depending on the total size of the shopping center. Parking requirements for restaurants within the shopping centers is calculated at this same rate, unless: - The shopping center is under 20,000 square feet; - The restaurant serves alcohol or has wait staff; 112613-2nd Read-Ord Amend Restaurant Parkingxxx - The restaurant has a drive-thru; OR - Total restaurant square footage exceeds 25% of the shopping center. If any of these conditions apply, parking for the restaurant is calculated separately at the same (higher) rate as stand-alone restaurants. The proposed ordinance change addresses the issue of alcohol service as a trigger for higher parking requirements. Historically, alcohol sales were associated with traditional, sit-down restaurants. In these cases, it is reasonable to require additional parking given that the time an individual customer spends at this type of restaurant is typically longer. In recent years, however, "fast casual" restaurants have begun to offer beer and/or wine. Alcohol sales tend to make up a very small portion (less than 5%) of sales at these locations and the increased parking requirement does not seem justified. The proposed amendment will change the trigger for separate parking calculations from a restaurant that serves any alcohol, to restaurants in which alcohol sales exceed five percent of annual sales. III. BASIS OF RECOMMENDATION A. BACKGROUND • The Council has asked staff to evaluate impediments to business development within the Community. Excessive parking requirements are not in the best interest of the City. • Neither the American Planning Association nor the Institute of Transportation Engineers differentiate restaurant parking standards based on alcohol service. Parking standards are determined primarily by customer turnover rates. B. POLICY • Zoning Code regulations are intended to promote and protect public health, safety and welfare. No adverse impacts are expected as a result of the proposed amendment. • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • A public hearing was held before the Planning Commission on October 28, 2013. • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • No members of the public spoke at the hearing. • The Planning Commission recommended approval of the proposed ordinance (7-0). • A first reading was approved by the Council on November 12, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Reject the proposed ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A I BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 544.13 RELATED TO MINIMUM PARKING STANDARDS FOR RESTAURANTS OR FOOD SERVICE WITHIN SHOPPING CENTERS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 The "Restaurants or food service in shopping centers" portion of Subsection 544.13, Subdivision 6 of the Richfield City Code is amended to read as follows: Restaurants or food service in Calculated separately unless the shopping centers. ; restaurant meets all of these requirements: • The shopping center floor area is over 20,000 square feet. • The restaurant does not have wait staff serving food directly to the customer while seated. • The restaurant does not have an iIntoxicating liquor liccnscsales at the restaurant shall not exceed five percent of annual revenue. • The restaurant does not have in- vehicle sales or service. • The combined total or-of all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center..................................................._.................. Sec. 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PROP.ORD. AGENDA ITEM# 9 REPORT# 237 STAFF REPORT e/ d' CITY COUNCIL MEETING NOVEMBER 26, 2013 REPORT PREPARED BY: CHRISTINE COSTELLO, ECONOMIC DEVELOPMENT COORDI -TOR ME,TITL D' ACTING DEPARTMENT DIRECTOR P * 2 REVIEW: OTHER DEPARTMENT REVIEW: N REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading and summary publication of Ordinance 541.19, amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours. I. RECOMMENDED ACTION: By Motion: 1) Approve attached amend ordinance 541.19 amending noise attenuation requirements for new residential construction in the 2007 60-62 and 63 or greater DNL contours ; and 2) Approve the attached resolution authorizing summary publication of Ordinance 541.19 Noise Attenuation. II. EXECUTIVE SUMMARY City staff continually monitors and notes areas of the Zoning Code that may require review. Staff has identified deficiencies in the City's airport noise attenuation standards. The proposed changes will clarify existing standards in an effort to improve compliance. The proposed Ordinance will continue to recommend that homeowners who are remodeling or adding on to existing homes consider noise mitigation measures, but will not require such measures. Mitigation measures are not meant to be a 112613-2nd Rdg Summary Pub Ord Amend Noise Attenuation.docx deterrent to investment in existing homes. For new residential construction it is much easier to incorporate noise attenuation measures. The requirements for noise attenuation are the same as originally written; only the language has changed. The Ordinance will continue to require the following for new single-family and multi- family construction: • 2007 63+ or greater DNL Contours shall utilize building materials with a Sound Transmission Class (STC) rating of at least 40 and shall include installation of central air conditioning and mechanical ventilation throughout the habitable area of the structure; and • 2007 60-62 DNL Contours must include the installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure. The proposed language will be easier for homeowners and builders to interpret and apply to construction projects. Additionally, the proposed ordinance will incorporate a map to more clearly indicate which category applies to specific homes. III. BASIS OF RECOMMENDATION A. BACKGROUND In 2005 the cities of Richfield, Minneapolis, and Eagan were parties to litigation related to airport noise against the Metropolitan Airports Commission (MAC). In October 2007 the lawsuit was settled and under the terms of the settlement, MAC has been providing varying degrees of noise mitigation measures to single and multi-family homes. Additionally, as part of the settlement Consent Decree, all of the affected cities were required to formally consider a draft ordinance (prepared by MAC) for airport noise attenuation by September 1, 2008. In July 2008, the Planning Commission and City Council held hearings regarding the proposed ordinance. The City Council voted to reject the proposed ordinance and directed staff to write an ordinance that was specific to the needs and goals of the community. On March 10, 2009 the City Council adopted an ordinance that reflected the community's needs for noise mitigation, but that did not put an undue burden on homeowners. Since the ordinance's approval in March 2009, it has served its intent, but staff has found that the language is unclear for those who may not read and/or review zoning ordinances frequently. B. POLICY • Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. • The Ordinance has not changed since originally approved in March 2009. • The proposed changes will make the Ordinance more user-friendly. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • N/A E. LEGAL • A public hearing was held before the Planning Commission on October 28, 2013. • The Planning Commission recommended approval of the proposed amendment (7-0). • Notice of the public hearing was published in the Sun Current in accordance with State and Local requirements. • A first reading was held before the City Council on November 12, 2013. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Recommend approval of the revised Ordinance with additional changes. • Recommend denial of the revised Ordinance. V. ATTACHMENTS • Proposed Ordinance • Resolution for Summary Publication • Noise Attenuation Areas in Richfield for New Residential Construction Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • NA 4- 1 BILL NO. AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 541.19 RELATED TO NOISE ATTENUATION THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 541.19, of the Richfield City Code is amended to read as follows: 541.19. Noise Attenuation. Subdivision 1. It is in the best interest of the City and of current and future residents that the integrity of all residential structures which have received a 5dB or other sound insulation package from the Metropolitan Airports Commission be maintained subject to the following: Subd. 2. 2007 63+ or greater DNL Contour Definition. For the purpose of determining noise attenuation for new residential construction on a property, this area is defined as the area in which noise is greater than within the 2007 60-62 DNL Contour. Subd. 23. Noise Attenuation Required. Any new '- - - - • - - • - residential construction on property located within the 60+ 2007 63+ or greater DNL Contours, or any infill construction or rebuilding of residential structures after tearing down the original structure which takes place within blocks or between structures that have received noise attenuation pursuant to the Consent Decree or pursuant to previous noise mitigation programs of the Metropolitan Airports Commission, shall utilize building materials with a Sound Transmission Class (STC) rating of at least 40 and shall include installation of central air conditioning and mechanical ventilation throughout the habitable areas of the structure. Subd. 34. Requirements within the 2007 60-62 Contours. All new residential construction -- - - - • e • - located in blocks or between structures that have received noise attenuation pursuant to the Consent Decree that are in the 60 to 62 DNL contours, as defined in the Consent Decree, must include installation of central air conditioning and mechanical ventilation throughout the habitable portion of the structure. Subd. 4. Requirement for Multifamily Homes in the 2007 60 64 Contour. All construction of new multiple family homcs in blocks that have received noise attenuation pursuant to the Consent Decree or which arc between structures which have received noise attenuation••-.. -- - -- - - -• 1l- • - -- - - - Subd. 5. Noise Attenuation Recommended but not required. For construction of a habitable addition to a dwelling unit that expands the habitable area of a dwelling unit which had previously received 5dB sound insulation package from the Metropolitan Airports Commission pursuant to the Consent Decree or pursuant to previous noise mitigation program of the Metropolitan Airports Commission, the property owner is encouraged to consider (i) the inclusion of central air conditioning and mechanical ventilation for the expanded area and (ii) utilization of materials with a Sound Transmission Class (STC) rating of at least 40 in order to achieve similar noise attenuation in the expansion of the structure as existed in the principal structure prior to the expansion. Subd. 6. Noise Attenuation Map. Final determination of noise requirements for this ordinance will be based on the map titled, "Noise Attenuation Areas in Richfield for New Residential Construction". A copy of the map will be on file in the Community Development Department of the City. Passed by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING ORDINANCE 541.19 OF THE RICHFIELD CITY CODE TO AMEND NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS WHEREAS, the City has adopted the above referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2013- ORDINANCE 541.19 AMENDING THE RICHFIELD CITY CODE TO AMEND NOISE ATTENUATION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 2007 60-62 AND 63 OR GREATER DNL CONTOURS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance makes the following changes to the City Code: The requirements for noise attenuation for new residential construction remain the same as originally adopted in 2009 by the City Council. The amended language is now more user-friendly. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. 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I IIIIII11111111111111111111 ■ =1111111111111111111111111111111 IIIIIIIIIIII 1111 G_111111 � 1h°1111111111111111=1111111111111. 11111111111111111 1111111111 Blum 111111111111 IIIIIIIIIIII IIIIIIIIIIII imp 11II..AIIIII11 11111111'111111111119=• ■111111111111111 111111111 ■111111111 111111111111 IIn11111111'IllIllI111:. •1• ■-IIIIIIII 1111111/III IIIIpo 0.1 ■111111111111111 11111111 ■111111111/11111111 gummy:111111111 1111 .� O=LIIIIIIII 1111111/��\111►� 1111 1 111111111111■111111111 '111111111 111111111111 111111111111 111111111111 1111 'V+ 1111 .11111111 11111111=1/1111 a' 11111111111 111111111 I I IIIIIIIII 110111100 111111111111/11111111111 1111 II=.1111111 11111111.a1111L..1. ■ MI 1 AGENDA SECTION: RESOLUTION AGENDA ITEM# 10 REPORT# 238 STAFF REPORT seed CITY COUNCIL MEETING NOVEMBER 26, 2013 REPORT PREPARED BY: MATT BRILLHART,PLANNING TECH. Alb ACTING DEPARTMENT DIRECTOR r R U REVIEW: - �� wow OTHER DEPARTMENT REVIEW: 0 ;//1 �� SIGNA REVIEWED BY CITY MANAGER: _.mil.. ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution approving a subdivision waiver which would allow the division of 7215 Logan Avenue (a 150-foot wide lot) into three 50-foot wide lots for the construction of new single-family homes. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a subdivision waiver for 7215 Logan Avenue. II. EXECUTIVE SUMMARY Endres Custom Homes has entered into a purchase agreement with the owner of 7215 Logan Avenue. Endres Custom Homes seeks to divide the existing 150-foot wide lot into three 50-foot wide lots and construct new single-family homes. The existing house, garage, and driveway would need to be removed. III. BASIS OF RECOMMENDATION A. BACKGROUND • 7215 Logan Avenue is currently owned by the estate of Isabelle Dukatz. The existing home was built in 1937, according to Hennepin County property tax records. The current 150-foot lot was created in 112613-7215 Logan Subd Waiver 1992, when the City Council approved a final plat of the property. The previously unplatted property was a 225-foot lot, of which the north 75 feet was split off and sold in 1992. Endres Custom Homes is seeking to purchase the property and divide the 150-foot lot into three 50-foot lots for the construction of new single-family homes. • The three proposed lots meet all of the minimum width and depth requirements. However, the area of each of the three parcels will be 17 square feet short of the minimum requirement of 6,700 square feet. This is the result of the lots having a depth of 133.67 feet rather than 134 feet. City Code allows the Council to vary or modify such requirements "so that the subdivider is allowed to develop his property in a reasonable manner, but in such a manner that the public welfare and interests of the City and surrounding area are protected". • While this particular block and the blocks immediately adjacent are composed of 75-foot wide lots, there are numerous 50-foot wide lots located to the east and north. A context map has been included showing residential lot widths in the surrounding area. B. POLICY • Subsection 500.05, Subd. 2 - In cases in which compliance with the City's platting requirements result in unnecessary hardship and when failure to comply with said requirements does not interfere with the purpose and intent of the regulations, the Council may adopt a resolution authorizing a waiver from the subdivision requirements. • Subsection 500.21 - Whenever a tract is to be subdivided or platted is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this section would result in a substantial hardship or injustice, the Council may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but in such a manner that the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of this section is preserved. • The property is zoned R — Single-Family Residential. Minimum lot requirements and dimensions of the proposed lots are as follows: o Required width: 50 feet • Proposed: 50 feet o Required depth: 100 feet • Proposed: 133.67 feet o Required area: 6,700 square feet • Proposed: 6,683 square feet • By dividing the required minimum lot area of 6,700 square feet by the minimum lot width of 50 feet, the result is a lot depth of 134 square feet. As the proposed lots measure 133.67 feet, merely rounding up to the next whole number would result in the proposed lots meeting all City requirements. C. CRITICAL TIMING ISSUES • N/A D. FINANCIAL • The required application fee has been paid. E. LEGAL • Although not legally required, notice of this request has been sent to properties within 350 feet of the property. • 60-DAY RULE. The 60-day clock `started' when a complete application was received on November 8, 2012. A decision must be given by January 7, 2014 OR the Council must notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days in total) for issuing a decision. F. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S) • Deny the request if a finding of fact determines that the proposal does not meet requirements. V. ATTACHMENTS • Resolution • Land surveys including the existing and proposed lot descriptions • Examples of homes proposed to be built on the subdivided lots • Lot width context map • Surrounding zoning and land use maps • Letter of consent from the executor of the estate of Ms. Dukatz VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dustin Endres — Endres Custom Homes lb- i RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR 7215 LOGAN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of 7215 Logan Avenue, legally described as: Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the applicant proposes to divide the above-described Parcel into three parcels, legally described as: Parcel A: The north 50 feet of Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota Parcel B: The south 50 feet of the north 100 feet of Lot 2, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota Parcel C: That part of Lot 2 which lies south of the North 100.00 feet thereof, Block 1, DUKATZ WITTENBORG ADDITION, Hennepin County, Minnesota WHEREAS, the City has fully considered the request for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1 would result in substantial hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. WHEREAS, the City Council finds that the parcel of land to be subdivided is surrounded by such development and unusual conditions as to make compliance with minimum lot area requirements a substantial hardship and that failure to comply with minimum lot area requirements will not injure the public welfare and that the interests of the City and surrounding area are protected and the general intent and spirit of minimum lot area requirements is preserved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above is hereby granted, subject to the following condition: • That following the approval of the necessary permits, the existing house, garage, and driveway be removed. 2. Once purchase and required property alterations are completed, City staff is authorized and directed to take any action necessary to effectuate this Resolution and to authorize the recording of conveyances complying with the terms of this Resolution. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of November, 2013. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Survey for: ENDRES CUSTOM HOMES, INC. 7 L;; µI_, NOTES !,,5„'-'715,,,T,`! ,1 x Beatings shown are based on the plat of DUKATZ WITTENBORG .- .. N SE ( •- ADDITION. t r/;- "Utilities shown are Poi t Energy uo furnished by the City of Richfield and Center Point Energy and ore verified where possible. In \ °ry: t5'( •Contact Gopher State 1 for utility locations before any construction N8356'3fYf—a9—_ 56 P -) \ 1 e'.- _ — shall begin.Phone 651-454-0002, P I e i �{ _I. "Area g 20,049 square feet acre). '1 /� Zoning:Single Family Residential. / RARCEL A; EXISTING 10 s- //j 'Banding setback,zoning and flood zone information obtained `\� r c e I ':"(e ves Sow!,FEET/ GAHAG ' 46 a from the City of City of Richfield Web She. —w w1� I...30 --es4� 00 ' R (0 g J 's EXIS7/NG :e-* / .4_J.__` I ; HOUSE - '/� \,ex„1Z/_25o .-i ^) ,bNesely \ IFn I \ .1 65m/ _ - h t„ i I E I g _ ``' LEGEND 1 a It: �`�, k $ e_r_' • Iron MOnumentFound EXISTING PROPERTY DESCRIPTION \y, 3 8 I PARCEL ?4piry I 'R �' r —5--Sanitary Sewer Lot 2.Block 1,DUKATZ WITTENBORG ADDITION,according to the recorded plat '' s a I IB BB9 BWA FEET t I 2 —sr—Storm Sower thereto,Hennepin County,Minnesota. w `a r'' a• —w—Watermain M vii i ;l i 4- i ,t I i aHQ Manhole o __1_____ ___I-J I aJ e 1 i. FFO Power Pole PROPOSED PARCEL A DESCRIPTION -w w t\ i 6.507 1 S I • I. .{Concrete Surface 1 111LGGfff�,,,�� The North 50,00 feet of Lot 2,Block 1,DUKAT2 WITeeotu. G ADDITION,according _ _ I I IBunted as Surface to the recorded plat thereof,Hennepin County,Minnesota, _ si! —G—Buried Gas 1 f' m I sir, pARa� I -= I i I I ;' PROPOSED PARCEL B DESCRIPTION 11 441C 8 i °+�i sa' I "' The South 50.00 feet atthe-MOKh 100.00 feet of Let 2,Block 1,-DUKATZ WITTENBORG �` sr r. ttt 4N^P+ i a °�1 ADDITION,according to the recorded plat thereof,Hennepin County,Minnesota. 4 rn or J gl' o Ie y" + [_)_E...,!'"�i'`j!,i� t Its PROPOSED PARCEL C DESCRIPTION•c� 'n ' + — That K of Lot 2,Block 1,DUKATZ WITTENBORG ADDITION,accord) to the recorded it ti SA I phat thereo/,Mennepin County,Minnesota,which Nes south of the No th 100.00 feet 60 I I pAv^„gtKl. I L O, I. N F-11 4f h- i 1 Ill'I\1 i - I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 4th day of November,2013 RENDER&ASSOCIATES,INC. 0 .:0 20 40 So �: �j Sc ore ■ in Feet /'I`�F�LOa`p• Thomas 1.A m,Land Surveyor Minnesota License No.43414 Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS Se<p Fade',b.'ve•Sulfa IIS•[neon V,-s.M.•Phone(65,)452-5057 50B. 134-2200.057 lb ... 5 Survey for: ENDRES CUSTOM HOMES, INC_ showing proposed buildings -7 r•• • A L; µa l/1 1,1 ,, NOTES 'Bearings shown are based on the plat of DUKATZ WITTENBORG ADDITION. II. 0 T k7li5IJNG FIOI15Eg I ( )+' "Utilities shown are from information furnished by the City of i �\ -""""" -,," •t'' Richfield and Center Point Energy and are verified where possible. w1+ 7 1 'Contact Gopher State 1 for utility locations before any construction r'"' N89456'30°E-800---_13.3..68 =f- pp shall begin. Phone square fee 4-0002, '_•' \\ , X .3'.‘ , ( 10 r2'-___, 1 1 •— - - , — Area 20,049 square fee[(0A6 acre). \ I ( ) I � 1 -1 E +Zoning: Single Family Residential. ''`} L M ) ti obtained << •_/ Of I PROPOSED i 9' •Bulkling setback,zoning and flood zone Information \\ E» DRIVEWAY I __ 5. 4 I I from the City of City of Richfield Web Site. '. x I 8 \ F .. .........� a PROPOSED i„g, i �' 4.M NOUSE I! X � ;�� I I N ,'/� nee\ I �`- 0"."E nsry t ( ' �"' 25 l+ IT o 1----,- � g iI aI I T•oQ I N 42.00 i ( 1 ) )I) '-(I 6 I1 Y1 I d% ( Hoc+aety l N6936'Q-E i J.Sprvro �" IO \ /S i ( r I Egress MCI - `•7 1 200 M I ,tac+ery S I~ a y '\ Ez I ' ze'1 `i3 E; 11 PROPOSED 1• I f ( PROPOSED( '_' �,, I g 1D ze 4o eD EXISTING PROPERTY DESCRIPTION jam$ 1. \I/ V�I `:l i �\ DRIVEWAY_$$ •-i , \iOUSE I J0 W M-t+ee ry I z Scale in Feet Lot 2,Block 1,DUKATZ WITTENBORG ADDITION,according to the recorded plat '( 1 l a_] thereof,Hennepin County,Minnesota, Q '. I "3 INC! q -\ 4' ;�' i ;1 t!� �h Y'� � :"rgeDpf':�i�,i I �t i q� >I n:.n 4y=I w SOS I p-,1,1 j I— =t 1-- I -- --L. °, t.j,I PROPOSED PARCEL A DESCRIPTION I -. I i I\ N 'SGE I - I 0 I I� \ _ I ,. M The North 50.00 feet of Lot 2,Block 1,DUKATZ WITTENBORG ADDITION,according d� S� .-.YA \ -��---• E to the recorded plat thereof,Hennepin County,Minnesota. III I , 5 r' 1 ,.so— mco— — i LEGEND a f ) QZ PROPOSED a %(,'? ) I • Iron Monument Found PROPOSED PARCEL B DESCRIPTION 1. $DRIVEWAY s""" S POSED el e;.zm.•v i i oT 1 j 8 1 s�,, D a� /� - I '•�+� 4 I •- ,l •1 —S—Sanitary Sewer The South 50.00 feet of the North 100.00 feet of Lot 2,Block i,DUKATZ WITTENBORG g/.ao "'O°'• V+ L ILA • —ST—Storm Sewer ADDITION,according to the recorded plat thereof,Hennepin County,Minnesota. 6O �),I �Y A \`_ K Q '' �) "� E i —W—Watermaln �r 1I MR �`I - i 09 T I ,1j /f` I o MHO Manhole `i @ 1 �/5 `f PPp Power Poie PROPOSED PARCEL C DESCRIPTION ` t0 I A ,1 ) • /`` J _t 2 Y-- I.1:,]Concrete Surface That part of Lot 2,Block 1,DUKATZ WITTENBORG ADDITION,according to the recorded ,- -,...- =Bituminous Surface Plat thereof,Hennepin County,Minnesota,which Ike south of the North 100.00 feet 0.• _g+6--- J I e+e ` —e—Buried Gas thereof.- HOUSE LOT 8 1 4 I A I I ai 1 1 L_•J t a_1-1 I I I a I hereby certify that this survey was prepared by me or under my direction and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota, Dated this 7th day of November,2053 PARCEL A AREAS PARCEL B AREAS PARCEL C AREAS RENDER&ASSOCIATES,INC. Lot Area-6,683 square feet(0.15 acre) Lot Area-6,683 square feet(0.15 acre) Lot Area.6,683 square feet(0.15 acre) 1 Proposed building area including porches.1,540 square feet(23%) Proposed building area Including porches-1,437 square feet(22%) Proposed building area including porches-1,505 square feet(23%) TI,,*a,s.4 Proposed Impervious surface-2,094 square feet(31%) Proposed Impervious surface.1,987 square feet(30%) Proposed Impervious surface.2,132 square feet(32%) Thomas 1.Ad6rn,Land Surveyor Minnesota License No.43414 Rehder and Associates, Inc. CIVIL ENGINEERS AND LAND SURVEYORS 3440 Federal Dries• lugs 110•Eagan,Minnesota•Phone(651)452-5051 JOB: 134-2200.057 Parcel A: / , / - / im.,::;,,, r? • ' Ej .. r 4 / oAPit . ... riiiM(NV i•i r f , n ' T ' 4 11 ,, _ ...,„„...,.., , .. . . ... ...,..... ,airimemillIIPIlior- Monte Vista • Upper Floor: 1072 Sq.Ft. • Main Floor: 1023 Sq.Ft. • Total Area: 2095 Sq.Ft. • Width: 34'-0" • Depth: 47'-0" • Height(Peak): 28'-8" • Bedrooms:4 • Full Baths: 2 • Half Baths: 1 • Garage Bays: 2 Car Garage • Garage Area: 433 Sq.Ft. • Stories (above grade): 2 I Io - Parcel B: iiii. i I BR " , . A . . 1401111111 ,_- . t .,t 3Ze t . ; .s r . k ,. Ar 74 kris +' 4 Eagle: • Upper Floor: 1100 Sq.Ft. • Main Floor:900 Sq.Ft. • Total Area: 2000 Sq.Ft. • Width: 32'-0" • Depth: 47'-0" • Height(Peak): 28'-8" • Bedrooms: 3 • Full Baths: 2 • Half Baths: 1 • Garage Bays: 2 Car Garage • Garage Area: 440 Sq.Ft. • Stories (above grade): 2 JD - (0 Parcel C: } f a a r ,,,,,ov ,5:Nri „s,- ..4;L. lk,lip", . _ , 4,..• • j r ct t h `c tt bi T.- y r` 4y ♦ t�0 ~•'� �� teit* - I ,••• 't III ..." ., 0,, FAQ%^ -1T A t�'• i - --.Q,.c.,.....,.r ....„.,.., . . s ,.. 1 , . ,1 ,-.4 r dye,.,,'t zlf -,, 0 , 0 . ,i., _ ri .„R x,41}P i ;-....4..,1 ,. r rte? e ... ss fix+ :x` _ •Rangely • Upper Floor: 1131 Sq.Ft. • Main Floor: 885 Sq.Ft. • Total Area: 2016 Sq.Ft. • Width: 30'-0” • Depth: 50'-0" • Height (Peak): 28'-8" • Bedrooms: 3 • Full Baths: 2 • Half Baths: 1 • Garage Bays: 2 Car Garage • Garage Area: 440 Sq.Ft. • Stories (above grade): 2 .... 10 -1 - 1 Illl.:11 uniii il z-< MI 1 iiii Mi - _i VI Miiiiiin ii ----T.Th =a) • ffli Lo 2 ti- "11 1111111 11111 1111 um Ilni- 1 --II ipttr - 1: I 11 11 >a) Ili 11 1111 1 I A:a__.11 "" HI 11 1111 Lo 2) t.‘i iill INI■ iiir111111Mfair Iiii _ . ... 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LDR Q LDR O O LDR OX R 72ND STREET / LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR — — LDR — LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR ^ O / yy LDR LD' LDR LDR LDR LDR LDR LDR LDR LDR LDR LD' LDR LDR LDR LDR 73RD STREET 0 1■1■11 ■ Feet 0 50 100 200 300 400 500 LDR- Low Density Residential N A Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\7215 Logan CP.mxd 10 - c1 7215 Logan Ave - SUBDIVISION 11 /2013 Surrounding Zoning W. Q R R W R Z Q R W R Q Z 0 R 0 R R R O Y 72ND STREET R R R R R R R R R R R R R R R R R . R R R R R R R R R R R O h R R R R R R R R R R R R R R R R 73RD STREET Feet 0 50 100 200 300 400 500 R - Single Family Residential N A Path: I:\GIS\Community Development\Staff\Planning Tech\Projects\7215 Logan Z.mxd Id - ID Terry A. Burns Personal Representative Estate of Isabel DuKatz 1548 Rhode Island Avenue North Golden Valley, Minnesota 55427 November 15, 2013 Mr. Matt Brillhart City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Re: 7215 Logan Avenue South Subdivision Waver Request Dear Mr Brillhart, My name is Terry Burns and I am the Personal Representative for the Estate of Isabelle DuKatz. This letter is to confirm to the City of Richfield, and the proposed buyer of the property, that I fully support in the subdivision of the property located at 7215 Logan Avenue South (PID 33-028-24-24-0075). If you have any questions, please feel free to contact me at 612.-270-.7992, or via e- mail at t.terryburns @comcast.net. Thank you, Ter ry A. urns Personal Representative Estate of Isabel DuKatz