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040814CompleteAgenda CITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 8, 2014 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ******************************************************************************************************* SPECIAL CITY COUNCIL MEETING BABCOCK ROOM 5:45 P.M. AGENDA Call to order 1. Interview of persons interested in serving on a City advisory commission (Council Memo No. 39) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ******************************************************************************************************* SPECIAL CONCURRENT CITY COUNCIL AND PLANNING COMMISSION WORKSESSION BARTHOLOMEW ROOM 6:00 P.M. AGENDA Call to order (Worksession discussion time(s) are approximate) 1. Discussion regarding an Edina redevelopment proposal at 6725 York Avenue (Council Memo No. 40) Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order 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 Concurrent City Council, HRA and Planning Commission Worksession of March 17, 2014; (2) Special City Council Closed Executive Session of March 17, 2014; (3) Special City Council Meeting of March 25, 2014; (4) Special City Council Worksession of March 25, 2014; and (5) Regular City Council Meeting of March 25, 2014 PRESENTATIONS 1. Choir concert presented by the combined STEM/RDLS fifth graders 2. Presentations from various non-profit organizations that provide social services to the City of Richfield:  Headway Emotional Health – Pat Dale  Loaves and Fishes – Cathy Maes  Community Involvement Program – Jolene Thibedeau Boyd 3. Presentation of a proclamation designatingEarth Day/Arbor Month COUNCIL DISCUSSION 4. Council discussion  Hats Off to Hometown Hits Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AGENDA APPROVAL 5. Council approval of the agenda CONSENT CALENDAR Consent Calendar contains several separate items, which are acted upon by the 6. 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 authorizing the reprogramming of funds from the 2013 Community Development Block Grant allocation S.R. No. 74 th B. Consideration of the approval of the rejection of all bids submitted for the 69 Street Storm Sewer Project S.R. No. 75 C. Consideration of the approval of hiring Evergreen Land Services Company to provide right-of-way acquisition services for the Portland Avenue Reconstruction Project at a cost not to exceed $149,400 S.R. No. 76 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7. Consideration of item(s), if any, removed from Consent Calendar Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ RESOLUTIONS 8. Consideration of a resolution authorizing the City Manager to execute an agreement with the Minnesota DNR to receive grant funds for the Taft Lake Fishery Project Staff Report No. 77 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ OTHER BUSINESS 9. Consideration of appointments to City advisory commissions Staff Report No. 78 Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY MANAGER’S REPORT 10. City Manager’s Report Notes: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 11. 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: __________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 12. 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 April 3, 2014 Council Memorandum No. 39 The Honorable Mayor and Members of the City Council City of Richfield Subject: Advisory Commission Interviews (Agenda Item No. 1) Council Members: In January 2014, the City Council made several appointments to the various City advisory commissions. However, there continue to be some three-year term and some mid-year term vacancies following those appointments, including the Community Services Commission, Human Rights Commission, Friendship City Commission, and Arts Commission. The Advisory Board of Health, Friendship City Commission and Human Rights Commission include youth members. Terms are effective upon appointment through August 31, 2014. However, the City Council may decide to extend the term to August 31, 2015. The Human Rights Commission currently does not have any youth member vacancies. There is one youth member opening on the Friendship City Commission and one on the Advisory Board of Health. The attached applications were received. The City Council is scheduled to interview the applicants on Tuesday, April 8, 2014 at 5:45 p.m. in the Babcock Room. Approval of the appointment is scheduled for the April 8, 2014 Regular City Council meeting. PIe- a contact me if you have any questions. ,,Rest ectf ly •m itte , 4 eve . Devic City anager SLD:cak Attachment E-mail: Department Directors Assistant City Manager M OO O d NN-NCDLOLC) N-(r) N- LCD U)Ln ti U) r, d" �,,-'�� •-N' !- - - d' rr- N- 000000 00 0000 00 N N N N N N N N N N N N N N N N CO )C)C)()C) CO CO CO CO CO CO r' MM X CO CO W .,., U) Cu ) RSCBCacv cu CO RI RSMcv 7) coca E c cc = cc = c = cccc = = D E o) cccccc cc cccc cc _) _) -, _) �H Q -, _) _)_) _) -,�_) Q - a) E 0 0 c3 m c c cn o W v) 0 N Z ) Q t- 0 0 c Z o O y •E u) E o) O c N CU c c cu Z O N N 5 CO c O a) C o I C5 O Z U 2 W 0 0 N E cu 0= u) 2 g To L.1... W r v c O 0 _ N C�j L (cf.; 0 .., O 0 O o v cn a o cn w o U) -Q O g cn 51c; .� F- ,L m m } 2 Q 0 O Z Z 0 (if i ..4-8- `r' S. 0 D w O 2 D o H S.. 6 U) CD Q Q 0 u- I > CITY OF RICHFIELD, MINNESOTA Office of City Manager April 3, 2014 Council Memorandum No. 40 PC Memorandum No. 5 The Honorable Mayor Planning Commission And City of Richfield Members of the City Council Subject: Edina Redevelopment Proposal at 6725 York Avenue (Worksession Agenda Item No. 1) Council Members: The Lennar Corporation is proposing a six story, 242-unit market-rate apartment complex with approximately 14,000 square feet of retail space. The development would replace the single-story Borofka's furniture store at 6725 York Avenue South and the five adjacent single-family homes to the east (see attached plans). The residential portion of this proposed development would abut Xerxes Avenue and be immediately adjacent to seven single-family homes in Richfield. This proposal is expected to go before the Edina Planning Commission on April 9 and the Edina City Council on April 22. Both bodies will hold public hearings on the proposal. Specifically, Lennar is seeking the following approvals: • A Comprehensive Plan amendment to change the guiding of the five single family homes which front on Xerxes Avenue from Low-Density Residential (LDR) to Community Activity Center (CAC); • A Comprehensive Plan amendment to allow increased height, density and floor area ratios on CAC-guided properties. o Increase allowable height from 4-stories and 48 feet to 6 stories and 75 feet. o Increase allowable density from 30 units per acre to 52 units per acre. o Increase allowable floor area ratio to more than 1.0. • Rezoning of the single-family properties (6628, 6700, 6704, 6708 and 6712 Xerxes Ave) from Low Density Residential to a new Planned Unit Development District. • Rezoning of the Borofka's furniture store site (6725 York Ave) from Planned Commercial District— 3 to the same new Planned Unit Development District as the single-family homes. As proposed, the first two stories of the development have a 37-foot setback from Xerxes Avenue which increases to a 45-foot setback for stories 3-6 as a result of an 8- foot building "stepback" between the 2nd and 3rd story. While nine housing units have walkways extending to Xerxes Avenue, the parking lot and ramp and all drive aisles would only be accessible from York Avenue. The City of Richfield has been aware of Edina's intent to redevelop this property for over 5 years. Our Comprehensive Plan (adopted in 2009) states, "With the City limits running down the middle of Xerxes Avenue South, portions of the Edina side of the street may see four to five story residential development which would be immediately across the street from single-family homes in Richfield." However, staff has identified several issues which are either inconsistent with Richfield's Comprehensive Plan, adversely affect Richfield homes and/or are in conflict with Edina's own requirements. These are: A height in excess of five stories. This exceeds what the Richfield Comprehensive Plan anticipated for the site, would adversely affect Richfield homes and is inconsistent with Edina's current Comprehensive Plan designation for the site (particularly the portion of the site directly abutting Xerxes Avenue); A building setbeck of less than 132 feet from existing single-family lot lines. The proposed setback is significantly less than what Edina requires for PCD-3 District and/or Planned Resident District (PRD) projects when adjacent to R-1 (Single Dwelling Unit District) properties. • The PCD-3 District north of 70th Street requires a minimum setback from an R-1 property line that is equal to twice the height of the proposed building. In this case that is equal to 132 feet; however, the proposal is for a setback of approximately 104 feet. • The PRD District requires a minimum setback from an R-1 property line in accordance with the following calculation: 10(height of building-40) + 80. The total height of the proposed building is approximately 75 feet; however, the maximum height of the portion facing Xerxes Avenue is approximately 65 feet. The required setback would be between 330 - 423 feet, depending on the number applied. If the building were only 4 stories or 44 feet, the requirement would be for a minimum setback of120 feet. Excessive shadow impacts result from both the building height and its minimal setback. As a response from a request by Richfield staff members, Lennar conducted a shadow analysis (attached). This analysis shows that in December, the buildings would begin to cast shade on six to eight Richfield homes sometime between 1:00 p.m. and 3:00 p.m. This impact would be lessened, and possibly eliminated, by reducing the building's height to five stories and/or increasing the building's setback from Xerxes Avenue. A combined Work Session of the Richfield City Council and Planning Commission will be held at 6:00 pm on Tuesday, April 8 to discuss this proposed development and its potential impact on Richfield. Based on the results of that conversation, City Staff will draft a memorandum that will be sent to Edina staff and entered into the public record for Edina's April 9 Planning Commission Public Hearing and its April 22 City Council Public Hearing. If Edina approves the Comprehensive Plan Amendment, then such Amendment would go to the Metropolitan Council for their consent. It is believed that this would only require staff level consideration by the Metropolitan Council as opposed to going before the Council's Board. Part of the process for Metropolitan Council consideration of a Comprehensive Plan Amendment is a notification and solicitation of comments from neighboring communities. If the proposal were to progress to this point without addressing Richfield's concerns, then staff would prepare a resolution for City Council consideration that further identifies the concerns of the City of Richfield. This Resolution would then be provided to the Metropolitan Council for consideration in their deli.- ation of approving Edina's Comprehensive Plan Amendment. -fc IIy-submit :s, /' IC. nL. De is City anager SLD:jcs Attachments Email: Department Directors Assistant City Manager Richfield City Planner NOR! 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ROLL CALL Council Members Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; and Edwina Garcia. Present: Council Members Tom Fitzhenry. Absent: HRA Members Sue Sandahl, Chair, Doris Rubenstein; Mary Supple; Debbie Goettel and Present: David Gepner (arrived 6:30). Planning Commission Rick Jabs, Chair; Daniel Kitzenberger; Susan Rosenberg; and Charles Members Present: Standfuss. Planning Commission Josh Root; Gordon Vizecky; and Tom Rublein. Members Absent: Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community Development Director; Karen Barton, Assistant Community Development Director; and Theresa Schyma, Deputy City Clerk. Item #1 PRESENTATION AND DISCUSSION OF THE SENIOR HOUSING DEMAND ASSESSMENT (COUNCIL MEMO NO. 31/HRA MEMO NO. 14) Community Development Director Stark introduced the presenter and explained that there is a correction to Council Memo No. 31/HRA Memo No. 14 in that there are currently eight memory care units in Richfield. Mary Bujold, Maxfield Research, Inc., presented the Senior Housing Demand Assessment. Ms. Bujold stated that there is an unmet demand for rental independent living units, assisted living units and memory care units. Furthermore, the assessment concludes that there is a substantial unmet demand for affordable senior housing. However, she also cautioned that Special Worksession Minutes -2- March 17, 2014 developing affordable senior housing is extremely challenging due to high costs and limited funding sources. Community Development Director Stark stated that during the past several years, developers have continued to express an interest in building senior housing developments in Richfield. This study was conducted to help give direction to interested developers on what Richfield’s vision is regarding future housing developments. Ms. Bujold identified that diversity in housing stock is good for a community. After considerable discussion, HRA Chair Sandahl stated the worksession needed to conclude due to the start of the Regular HRA Meeting at 7 p.m. Based on the discussion tonight and the meeting next month of the Richfield Housing Visioning Task Force, staff will make recommendations as to the next steps on the assessment. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:59 p.m. Date Approved: April 8, 2014. Debbie Goettel Mayor Theresa Schyma Steven L. Devich Deputy City Clerk City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Closed Executive Session March 17, 2014 CALL TO ORDER The Closed Executive Session was called to order by Mayor Goettel at 7:30 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; Pam Dmytrenko, Assistant City Manager; Jay Henthorne, Deputy Public Safety Director; and Mary Tietjen, City Attorney. Others Present: Julie Fleming-Wolfe, attorney. Item #1 DISCUSSION REGARDING PENDING LITIGATION ENTITLED: • GREG PETERSON V. THE RICHFIELD POLICE AND FIRE CIVIL SERVICE COMMISSION, ET AL. COURT OF APPEALS NO. A13-2337 AND; • GREG PETERSON, SOUPHANNY DEAN, BRIAN ROGGE, MICHAEL SIEVE, JEFF HATZENBELLER V. CITY OF RICHFIELD, MINNESOTA HENNEPIN COUNTY COURT FILE NO. 27-CV-13-20359 The Closed Executive Session was convened pursuant to M.S. 13D.05, subd. 3(b). ADJOURNMENT The Closed Executive Session was adjourned by unanimous consent at 8:01 p.m. Date Approved: April 8, 2014 Debbie Goettel Mayor Pam Dmytrenko Steven L. Devich Assistant City Manager City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Special City Council Meeting Advisory Board/Commission Applicant Interview March 25, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:20 p.m. in the Babcock Room. MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, and Tom Fitzhenry. MEMBERS ABSENT: Suzanne Sandahl and Edwina Garcia. INTERVIEW OF APPLICANT The City Council did not conduct an interview because the applicant did not appear for the appointment. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:26 p.m. Date Approved: April 8, 2014. ____________________________ Debbie Goettel Mayor ______________________________ ____________________________ Cheryl Krumholz Mike Eastling Acting City Manager Executive Coordinator CITY COUNCIL MINUTES Richfield, Minnesota Special City Council Worksession March 25, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 6:30 p.m. in the Bartholomew Room. Council Members Debbie Goettel, Mayor, Pat Elliott; and Tom Fitzhenry. Present: Council Members Sue Sandahl and Edwina Garcia. Absent: Staff Present: Mike Eastling, Acting City Manager; Jeff Pearson, Transportation Engineer; and Cheryl Krumholz, Executive Coordinator. Item # 1 DISCUSSION REGARDING THE PORTLAND AVENUE RIGHT-OF-WAY IMPACT (COUNCIL MEMO NO. 32) Transportation Engineer Pearson discussed Concept 2 of the Portland Avenue reconstruction project determined by the City Council as the favorable cross section for the design of the roadway. This concept includes on-street bicycle lanes with sidewalks and multi-use trail. Mr. Pearson discussed the right-of-way impact, including permanent easements (sidewalk/trail) and temporary easements (grading/restoration); options on how to proceed for non- voluntary properties, including eminent domain and variable street sections; and the schedule. Council Member Fitzhenry suggested minimal property impact with the emphasis on the enhancement of street appeal for traffic and pedestrian safety and comfort. Council Member Elliott stated there needs to be a coordination of real ideas and costs before decisions can be made. Acting City Manager Eastling stated that staff will provide periodic updates to the City Council. ADJOURNMENT Special Worksession Minutes -2- March 25, 2014 The meeting was adjourned by unanimous consent at 6:50 p.m. Date Approved: April 8, 2014 Debbie Goettel Mayor Cheryl Krumholz Mike Eastling Executive Coordinator Acting City Manager CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting March 25, 2014 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. Members Present: Debbie Goettel, Mayor; Pat Elliott; and Tom Fitzhenry. Members Absent: Sue Sandahl and Edwina Garcia. Staff Present: Mike Eastling, Acting City Manager; Todd Sandell, Public Safety Director/Police Chief; Jeff Pearson, Transportation Engineer; Mary Tietjen, City Attorney; and Cheryl Krumholz, Executive Coordinator. OPEN FORUM None. PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special City Council Meeting of March 11, 2014; and (2) Regular City Council Meeting of March 11, 2014. Motion carried 3-0. Item #1 COUNCIL DISCUSSION  Hats Off to Hometown Hits Council Member Fitzhenry provided a legislative update on the Noise Oversight Committee and other related airport issues. Council Member Elliott provided an update regarding the Open Streets on Penn event. Mayor Goettel provided a report on the National League of Cities conference. Council Meeting Minutes -2- March 25, 2014 Item #2 COUNCIL APPROVAL OF AGENDA Mayor Goettel removed Item 8 because the applicant was not interviewed. M/Fitzhenry, S/Elliott to approve the agenda, as amended. Motion carried 3-0. Item #3 CONSENT CALENDAR A. Consideration of the approval of a resolution allowing the City to enter into a Trailway Cooperative Agreement with the Three Rivers Park District S.R. No. 68 RESOLUTION NO. 10925 RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A TRAILWAY COOPERATIVE AGREEMENT WITH THE THREE RIVERS PARK DISTRICT FOR THE INTERCITY REGIONAL TRAIL This resolution appears as Resolution No. 10925. B. Consideration of the approval of the bid minutes/tabulation and the award of contract for the 2014 sidewalk, curb and gutter concrete repair to New Look Contracting, Inc. in the sum of $900,827.50 and authorize the Public Works Director to approve additional contract work provided it does not exceed $50,000 S.R. No. 69 M/Goettel, S/Fitzhenry to approve the Consent Calendar. Motion carried 3-0. Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT CALENDAR None. Item #5 PUBLIC HEARING REGARDING THE ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES, WITH THE OPTIONAL 2 A.M. CLOSING, FOR EL TEJABAN MEXICAN RESTAURANT, LLC, D/B/A EL TEJABAN MEXICAN GRILL, 6519 NICOLLET AVENUE S.R. NO. 70 Council Member Fitzhenry presented Staff Report No. 70. Miquel Hernandez-Cruz, Manager, thanked the City Council for their support. M/Fitzhenry, S/Elliott to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Elliott to approve the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for El Tejaban Mexican Restaurant, LLC, d/b/a El Tejaban Mexican Grill, 6519 Nicollet Avenue. Council Meeting Minutes -3- March 25, 2014 Motion carried 3-0. Item #6 PUBLIC HEARING REGARDING THE ISSUANCE OF NEW ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR LYN 65, LLC, D/B/A LYN 65 KITCHEN & BAR, 6409 LYNDALE AVENUE S.R. NO. 71 Mayor Goettel presented Staff Report No. 71. Bruce Hinks, owner, and Ben Rients, owner/manager, thanked the City Council and City staff for their support. M/Goettel, S/Fitzhenry to close public hearing. Motion carried 3-0. M/Goettel, S/Fitzhenry to approve the issuance of new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC, d/b/a Lyn 65 Kitchen & Bar, 6409 Lyndale Avenue. Motion carried 3-0. Item #7 CONSIDERATION OF THE STRIPING PLANS CONVERTING PENN AVENUE THTHTH (FROM 67 STREET TO 75 STREET) AND NICOLLET AVENUE (FROM 67 TH STREET TO 76 STREET) TO THREE LANES AS RECOMMENDED BY THE TRANSPORTATION COMMISSION S.R. NO. 72 Council Member Elliott presented Staff Report No. 72. rd Council Member Fitzhenry requested the intersections at 73 Street be monitored for vehicle and pedestrian crossing. M/Elliott, S/Goettel to approve the Striping Plans converting Penn Avenue (from 67yh Street thth to 75 Street) and Nicollet Avenue (from 67yh Street to 76 Street) to three lanes as recommended by the Transportation Commission. Motion carried. 3-0. CONSIDERATION OF AN APPOINTMENT TO A CITY ADVISORY COMMISSION Item #8 S.R. NO. 73 This item was removed from the agenda. Item #9 CITY MANAGER’S REPORT th Mayor Goettel provided an update on the 77 Street tunnel legislation. Item #10 CLAIMS AND PAYROLLS M/Fitzhenry, S/Elliott that the following claims and payrolls be approved: Council Meeting Minutes -4- March 25, 2014 U.S. Bank 03/25/14 A/P Checks: 229557-229967 $ 951,065.75 Payroll: 99841-100165 $ 546,091.06 TOTAL $ 1,497,156.81 Motion carried 3-0. OPEN FORUM None. ADJOURNMENT The City Council meeting was adjourned by unanimous consent at 7:35 p.m. Date Approved: April 8, 2014 Debbie Goettel Mayor Cheryl Krumholz Mike Eastling Executive Coordinator Acting City Manager AGENDA SECTION: CONSENT AGENDA ITEM# 6A REPORT# 74 STAFF REPORT pee, 'C CITY COUNCIL MEETING APRIL 8, 2014 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON, HOUSING SP CIALISTS TITLE ACTING DEPARTMENT DIRECTOR `■ ► - =-�� _ REVIEW: `� ��jllrf �e OTHER DEPARTMENT REVIEW: 0 SIGN. URE REVIEWED BY CITY MANAGER: A,1 .: A ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution reprogramming funds from the 2013 Community Development Block Grant allocation. I. RECOMMENDED ACTION: By motion: Approve a resolution authorizing the reprogramming of 2013 Urban Hennepin County Community Development Block Grant Program funds from the New Home Acquisition Program to the Penn Avenue Facade Improvement Program and Deferred Loan Program and authorizing execution of any required agreements with Hennepin County. II. EXECUTIVE SUMMARY The City received $201,637 in Community Development Block Grant (CDBG) funding from the federal Department of Housing and Urban Development (HUD) in 2013. The City is proposing to reprogram $98,000 of the 2013 allocation from the New Home Acquisition Program to the Penn Avenue Façade Improvement Program and Deferred Loan Program. 04082014—CDBG Reprogramming.docx Activity Approved Proposed Budget Budget New Home Acquisition Program $98,000 $0 Deferred Loan Rehabilitation Program $73,392 $110,901 Penn Avenue Façade Improvement Program $0 $60,491 Public Services $30,245 $30,245 TOTAL $201,637 $201,637 Reprogramming to fund the Penn Avenue Façade Improvement Program is a new activity. The Penn Avenue Façade Improvement Program is proposed to provide 10-year deferred loans of up to 20 percent of the eligible project costs (maximum of $25,000) to owners of property fronting Penn Avenue between T.H. 62 and 67th Street for exterior improvements to their building. HRA staff would administer the program. The Deferred Loan Program provides no-interest 30-year loans up to $30,000 to low-income homeowners to address health, safety and property maintenance needs. This program has been in existence since 1984 and has been administered for the City by the County since 2006. Under CDBG guidelines, funding a new activity requires a 30-day written comment period. The comment period was open from February 25, 2014, through March 27, 2014. No written comments were received. III. BR ASIS OF ECOMMENDATION A. B ACKGROUND  In 2013 the City allocated $98,000 of its 2013 CDBG award to the HRA for the acquisition of property to be developed for future affordable single-family housing through the New Home Program. Funds were allocated to this activity over the past several years when there were a significant number of foreclosed and substandard properties available on the market. As the housing market has recovered, the number of available properties has declined. In addition, the HRA currently has four CDBG-purchased lots available for new construction of affordable single-family housing. Due to these two factors, these funds are proposed to be reallocated as follows: $37,509 to the Deferred Loan Program and $60,491 to a new activity: the Penn Avenue Façade Improvement Program. B. P OLICY  The Façade Improvement Program is limited to an allocation of no more than 30 percent of the CDBG award; CDBG regulations require that 70 percent of CDBG expenditures must be used for activities that benefit very low and low income persons.  All funded activities must meet one of three national objectives: benefitting low and moderate-income persons, preventing or eliminating slums and/or blight, or meet an urgent need. In addition, activities must be consistent with priorities identified in the County’s Consolidated Plan. Those priorities include a variety of housing activities such as housing rehabilitation, public services to maintain or increase self-sufficiency, and neighborhood revitalization activities. C. CTI RITICAL IMING SSUES  The 2013 Fiscal Year began on July 1, 2013. The City has until December 31, 2014 to spend the funds.  The Penn Avenue Façade Improvement Program is a new activity. The reprogramming of 2013 funds to a new activity requires a 30-day comment period, according to CDBG guidelines. The comment period was open between February 25, 2014 and March 27, 2014. D. F INANCIAL  These are Federal funds awarded to the City of Richfield through Hennepin County. E. L EGAL  CDBG guidelines require a 30-day written comment period to reprogram 2013 funds to a new activity. F. EC NVIRONMENTAL ONSIDERATIONS  N/A IV. AR() LTERNATIVE ECOMMENDATIONS  Modify the amount of funds allocated to each project in a way that still meets funding guidelines. V. A TTACHMENTS  Resolution authorizing reprogramming of 2013 CDBG funds. VI. PPEM RINCIPAL ARTIES XPECTED AT EETING  N/A RESOLUTION NO. ____ RESOLUTION APPROVING REPROGRAMMING 2013 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF ANY REQUIRED AGREEMENTS WITH HENNEPIN COUNTY WHEREAS , the City of Richfield, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is participating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS , the City of Richfield adopted a proposal for the use of 2013 CDBG funds made available to it; and WHEREAS , the City of Richfield proposes to reprogram a portion of the 2013 CDBG awards to fund the Deferred Loan Program and a Penn Avenue Façade Improvement Program; and WHEREAS , the City held a public comment period from February 25, 2014 to March 27, 2014 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities for the City’s proposed reprogramming of $98,000 from the 2013 Urban Hennepin County CDBG Program; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Richfield, Minnesota as follows: 1. Approves the reprogramming of $98,000 from the 2013 Urban Hennepin County Community Development Block Grant Program and authorizes submittal of the proposal to Hennepin County. Activity Budget 1. Penn Avenue Façade Improvement Program $60,491 2. HRA Deferred Loan Program $37,509 TOTAL REPROGRAMMING AMOUNT $98,000 2.That the Mayor and City Council hereby authorize and direct the execution of any agreements with Hennepin County. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of April, 2014. Debbie Goettel, Mayor ATTEST : Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6B REPORT# 75 mladll STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 8, 2014 REPORT PREPARED BY: LIZ FINNEGAN CIVIL ENGINEER NAM ITLE DEPARTMENT DIRECTOR REVIEW: if / SIGNATURE OTHER DEPARTMENT REVIEW: 0 I)A REVIEWED BY CITY MANAGER: V Aamtia ITEM FOR COUNCIL CONSIDERATION: Consideration to reject all bids submitted for the 69th Street Storm Sewer Project. 1 I. RECOMMENDED ACTION: By Motion: Reject all bids submitted for the 69th Street Storm Sewer Project. II. EXECUTIVE SUMMARY The proposed 69th Street Storm Sewer Project involves: • Exposing the upper portion of the four 36" pipes between Irving and Humboldt Avenues, • Sealing the pipe joints from the outside, • Replacement of water and sanitary sewer mains within the project limits, and • Full reconstruction of the roadway. Although the existing storm sewer system was originally placed in 1965, rehabilitation was recommended over full replacement due to cost estimates provided in the 2012 feasibility study $365,000 (rehab) vs. $1.0M (full replacement), neither of the estimates included the cost of replacing the sanitary sewer or water mains. 040814 69thStreetStormReiections th The City staff is recommending the Council reject all bids for the 69 Street Storm Rehabilitation work based on the high overall cost of the project as proposed. Staff would like to pursue a full replacement of the storm sewer system since the rehabilitation no longer appears to be the cost-effective solution. III. BR ASIS OF ECOMMENDATION A. B ACKGROUND  A feasibility study completed in 2012 identified rehabilitation of the four 36” storm sewer lines to be the most cost-effective approach to address the sinkhole issue on 69th Street between Irving Avenue and Humboldt Avenue, caused most likely by failures in the storm sewer joints.  The project was included in the City’s approved 2013 Capital Improvement Program (CIP) for construction in 2014.  The plans and the specifications, prepared by WSB & Associates, Inc., call for a partial repair to the existing storm sewer pipes, with full replacement of sanitary sewer and water mains.  The advertisement for bids was published on both February 20 and February 27. Bids were received on March 6, 2014 (see attached Bid Tabulation).  After receiving the bids and considering the substantially higher cost, the option to complete a full replacement became the more cost- effective approach and is now the recommended solution. B. P OLICY  The City has the authority to reject all bids. C. CTI RITICAL IMING SSUES  Formal rejection of the bids should occur in a reasonable timeframe for the contractors to plan their seasonal workloads accordingly.  Staff is recommending that the project be postponed until the 2014 construction season to complete the plan set reflecting full replacement. D. F INANCIAL  Costs associated with rejecting the bids and re-bidding the project at a future date will be minimal.  The redefined project will be included in the 5 Year Street Reconstruction Plan in order to use Street Reconstruction Bonds E. L EGAL  Legal Counsel has been consulted regarding this situation. F. EC NVIRONMENTAL ONSIDERATIONS  N/A IV. AR() LTERNATIVE ECOMMENDATIONS  N/A V. A TTACHMENTS  Bid tabulation VI. PPEM RINCIPAL ARTIES XPECTED AT EETING  None 2 CITY OF RICHFIELD, MINNESOTA Bid Opening March 12, 2014 1:00 p.m. th 69 Street Storm Project Bid No. 14-03 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Theresa Schyma, Deputy City Clerk, who announced that the purpose of th the meeting was to receive, open and read aloud bids for the 69 Street Storm Project, as advertised in the official newspaper on February 20, 2014. Present: Theresa Schyma, Deputy City Clerk Jeff Pearson, Transportation Engineer Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Addendum Addendum Total Base Bid Bidder’s Name Bond #1 #2 Plus Alternates Midwest Civil Constructors, Provided Provided Provided $ 1,760,536.00 LLC Northdale Construction Co. Provided Provided Provided $ 1,131,219.55 Ryan Contracting Provided Provided Provided $ 1,379,313.00 Northwest Asphalt Provided Provided Provided $ 1,570,700.01 The Deputy City Clerk announced that the bids would be tabulated and considered at the March 25, 2014 City Council Meeting. ________________________________ Theresa Schyma Deputy City Clerk AGENDA SECTION: CONSENT AGENDA ITEM# 6C REPORT# 76 liAlli STAFF REPORT RICHFIELD CITY COUNCIL MEETING APRIL 8, 2014 REPORT PREPARED BY: ELIZABETH FINNEGAN, CIVIL ENGINEER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: Eir 22,7 IGNATURE OTHER DEPARTMENT REVIEW: El N/r _ I' ■ REVIEWED BY CITY MANAGER: I A, __, i ./...,AL2 41,. ., ITEM FOR COUNCIL CONSIDERATION: Consideration of a work proposal from Evergreen Land Services Company to provide right-of- way acquisition services for the Portland Avenue Reconstruction Project. I. RECOMMENDED ACTION: By Motion: Approve the hiring of Evergreen Land Services Company to provide right-of-way acquisition services for the Portland Avenue Reconstruction Project at a cost not to exceed $149,400. II. EXECUTIVE SUMMARY Consistent with City Council direction and the Capital Improvement Plan, staff is working towards the reconstruction of Portland Avenue from 67th Street to 77th Street. The proposed cross-section will require up to four additional feet of right-of- way in the form of a permanent easement from adjacent property owners whose property line falls only 33 feet from the centerline of the roadway (approximately 83 affected properties). The additional width is needed to accommodate a multi-use trail on the east side and 6-foot boulevards on both sides of the roadway. Evergreen Land Services Company has submitted a proposal to provide right-of- way acquisition services for the Portland Avenue Reconstruction Project in an amount not to exceed $149,400. This total includes all costs associated with the 04082014EvergreenPortlandReconstructionROW process of obtaining Minimum Damage Assessment (MDA) Valuations and voluntary acquisitions. The total does not include:  title reports,  mortgage consents,  legal and recording fees, or  appraisals that may be required for an Eminent Domain hearing should that be necessary. These items would be an additional line item cost. Evergreen Land Services is included in the City’s pre-approved engineering pool. III. BR ASIS OF ECOMMENDATION A. B ACKGROUND  In 2012, the City was awarded a federal grant for the reconstruction of Portland Avenue to be used in 2015.  Evergreen Land Services Company is in the City’s Engineering Consultant Pool and is an experienced right-of-way acquisition firm.  Evergreen also completed the right-of-way acquisitions for both the Richfield Parkway Connection Project and the North Richfield Parkway Project. B. P OLICY  The reconstruction of County Roads is identified in the City’s Comprehensive Plan (Transportation).  Council approval is required for expenditures over $100,000. C. CTI RITICAL IMING SSUES  In order to complete the plans to provide for a 2015 reconstruction, the right-of-way acquisition should begin as soon as possible. D. F INANCIAL  The right-of-way acquisition will be funded using Municipal State Aid (MSA) Funds (gas tax). E. L EGAL  The City Attorney will be available to answer questions. F. EC NVIRONMENTAL ONSIDERATIONS  N/A IV. AR() LTERNATIVE ECOMMENDATIONS  Council could choose not to hire Evergreen Land Services and do a request for proposal for additional consulting firms to provide their services for this work. However, staff believes that Evergreen Land Services is qualified to perform the work at a reasonable cost. V. A TTACHMENTS  Cost estimate from Evergreen Land Services Company VI. PPEM RINCIPAL ARTIES XPECTED AT EETING  None anticipated. Evergreen Land Services Estimate for professional right of way acquisition services for the City of Richfield Portland Ave. reconstruction COST SCHEDULE Minimum Damage Assessment(MDA) Valuation Reports: 83 MDA valuations @ $300.00 per valuation $24,900.00 Acquisition: Full Acquisition Services including. -Intro Letter/Questionnaire -File Preparation -Document Preparation -Offer Letter Preparation -Negotiations Acquisition of 83 parcels @ $ 1,500.00 per parcel $124,500.00 Total (not to exceed) $149,400.00 *This estimate includes mileage and clerical expenses. MDA Valuation Reports are billed on a per report basis. Acquisition costs are billed on an hourly rate, not to exceed the estimate. Many parcels may be under the estimated amount. This cost schedule does not include title reports, mortgage consents, legal and recording fees or any appraisals that may be required for an Eminent Domain hearing. These items would be an additional line item cost. This estimate reflects a lower per parcel fee based upon an economy of scale. This is a best effort estimate based upon known factors at this time. Construction limits, current right of way lines, city policies, process and procedures could have an impact upon the project and costs associated with the project. ELS is always receptive to innovative approaches to individual tasks and processes. AGENDA SECTION: RESOLUTION AGENDA ITEM It 8 REPORT# 77 STAFF REPORT re o ' CITY COUNCIL MEETING APRIL 8, 2014 REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: IE ' 7"--.. . i9.(441 ATURE OTHER DEPARTMENT REVIEW: © N/A i e REVIEWED BY CITY MANAGER: ``� 1 ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the City Manager to execute an agreement with the Minnesota DNR to receive grant funds for the Taft Lake Fishery Project. a I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the City Manager to execute an agreement with the Minnesota DNR to receive grant funds for the Taft Lake Fishery Project. L". EXECUTIVE SUMMARY Staff has submitted an application for an Outdoor Recreation Grant through the Minnesota DNR for purposes of constructing amenities in Taft Park to improve fishing access. The planned improvements are aimed at improving overall appeal of Taft Lake as a fishery. The project includes a non-motorized boat launch, on-shore fishing platforms (bricks) with short paths to the fishing platforms from existing walking paths, modification of existing fishing pier, safety lighting, signage and a picnic shelter. The grant request is for $60,000 and a matching contribution is required by the City. If the grant is awarded, the project is scheduled for construction during Fall, 2014. III. BASIS OF RECOMMENDATION 0408 Taft Park Fishery Grant Resolution A. B ACKGROUND The project centers on amenity improvements at Taft Lake to improve fishing access and creates an inviting atmosphere for families and anglers alike. We have a number of features in mind that we feel will help meet those goals (see attached site plan):  Non-Motorized Boat Launch: We’d like to build a boat launching location near the parking lot for non-motorized boats. It will be a floating platform.  On-shore fishing platforms: Twelve fishing “bricks” will be located around the lake shore. The bricks will be made of foam core and concrete but will have the appearance of a limestone ledge on the shoreline to fish from. A gravel path will be installed between the fishing platforms and the walking path running parallel to the lakeshore.  Modifying Existing Fishing Pier: Currently our fishing pier has a railing that is over four feet high. The existing railing will be modified to building code standards and replaced with a lower railing that works better for kids as well as handicap fishing access.  Picnic Shelter: The picnic shelter will be an open-sided shelter, approximately 600 sq. feet with electrical outlets and a safety light. It will be located slightly northwest of the existing fishing pier.  Signage: Interpretive and directional signs for the boat launch and fishing areas. The project will be coordinated with the storm water improvement planned for Taft Park in conjunction with the Minnehaha Creek Watershed District Grant and will be completed by the end of the year, 2014. B. P OLICY  The Outdoor Education Grant requires a resolution authorizing the City Manager to execute an agreement with the Minnesota DNR to receive grant funds for the Taft Lake Fishery Project, signed by the City Council. C. CTI RITICAL IMING SSUES  A grant application has been submitted. D. F INANCIAL The Project Budget is as follows Funding Sources: DNR Outdoor Education Grant $ 60,000 Approved 2012 CIP $ 33,600 Approved 2013 CIP $ 30,000 Total Project Funding $123,600 Funding Uses: Facility Description Estimated Expected (e.g. picnic area, (linear feet, dimensions, material Cost Completion campground) used, number of components, etc.) Date Fishing pier Fishing pier railing lowered and $2,000 December Improvements brought to building code. 31, 2014 Shoreline fishing 12 total 4’ wide each and crushed $24,000 December platforms (bricks) limestone path from walking path to 31, 2014 fishing platform Non-motorized boat Floating platform $30,000 December launch 31, 2014 Construction 10% of project costs $12,000 December management & 31, 2014 design Picnic shelter 600 sq. ft. shelter, picnic tables, tree $39,000 December & shrub removal 31, 2014 Safety lighting Lighting near boat launch and picnic $10,000 December shelter 31, 2014 Signage Regulations and/or interpretive $3,000 December signage 31, 2014 Total $120,000 E. L EGAL  None F. EC NVIRONMENTAL ONSIDERATIONS  Materials used will be selected for low-maintenance features.  Green Cobra LED street lights will be used in the security lights which will help with energy consumption as well as create a low- maintenance light source.  Taft Lake is being used as a pinch point to clean up the Minnehaha Watershed District water run-off. In Spring of 2014, water quality projects will begin including an installation of a sediment pond, a flocculation plant and infiltration fields which will not only improve Taft Lake as a fishery, but should improve water quality downstream on the lakes feed by Minnehaha Creek. IV. AR() LTERNATIVE ECOMMENDATIONS  None V. A TTACHMENTS  Resolution  Site Pan VI. PPEM RINCIPAL ARTIES XPECTED AT EETING  None RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MINNESOTA DNR TO RECEIVE GRANT FUNDS FOR THE TAFT LAKE FISHERY PROJECT WHEREAS , the City of Richfield has applied for an Outdoor Recreation Grant through the Minnesota DNR for purposes of construction amenities in 2014 to improve fishing access; and WHEREAS , City Council has adopted transitory ordinances approving matching funds for the Taft Fishery Project in 2012 and 2013 totaling $63,600; and NOW, THEREFORE, BE IT RESOLVED that the City Manager act as legal sponsor for the project contained in the Outdoor Recreation grant application to be submitted on March 31, 2014 and that Steven Devich is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Richfield, BE IT FURTHER RESOLVED that the City of Richfield has the legal authority to apply for financial assistance, and financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Richfield has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application; and BE IT FURTHER RESOLVED that the City of Richfield has leased the land described in the site plan included in the application from the Metropolitan Airports Commission since 1971; and BE IT FURTHER RESOLVED that, upon approval of its application by the state, The City of Richfield may enter into an agreement with the State of Minnesota for the above- referenced project, and that the City of Richfield certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that Mr. Steven Devich is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of April, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Q . lit `t ) k F 8 M1 u W + HWY 77 ) ,C3. N O "�* 0 AR AVE S 4 R a. O. �/ % y . <oor CC dii / Fc A m J Z Z Q 2 0 U 9 Fes— �i w m c7 pc m C7 44 Z Z w Z f" r H 0 U = --------4) 3 } ,, 4_ Cfi A b if ' , / Q CJt Z cc C.'3 v}y a r t a m Ito I Z 'L Q -r. q .' Q Ai- • m m © CC X fir" 'f `` m ' 4 . :1.' \ '.. C-73 Z 0 W Q . F+ y J - n a.� t' U 'n Q W O m J CJ Z N W O ,� i fi . 7 LL 9 H t V 1 I 1 J Z it C7 m0 NQ > ><-03-------- I Z w g S w w m z -r m u w Z H x O Q u. _ . .. „ix- ,7' .''.'-'..-:: S` S Sw X N 0 1 S NIW o O U U t :Eci: ,. L -j w O _ - 9 z - \ om` !' . _ 4#40 Volt- ._._,.. _ y c •x o U �: m ,S . 1,-1,, -.— --- : . - T , - -- ----e- I LU _ .7) = -for' `ti's ; 'f �'" i , 4,,, -� a w U. III I 1( A 14. .. AGENDA SECTION: OTHER BUS. AGENDA ITEM# 9 REPORT# 78 STAFF REPORT e 4t,C'' CITY COUNCIL MEETING APRIL 8, 2014 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 N/A SIGNATURE OTHER DEPARTMENT REVIEW: 0 N/A SIGN is URE REVIEWED BY CITY MANAGER: � - fdk ITEM FOR COUNCIL CONSIDERATION: Consideration of the appointments to City advisory commissions. I. RECOMMENDED ACTION: By Motion: Approve the appointments to fill vacant terms on the City advisory commissions. II. EXECUTIVE SUMMARY In January 2014, the City Council made several appointments to the various City advisory commissions. However, there continue to be some three-year term and some mid-year term vacancies following those appointments, including the Community Services Commission, Human Rights Commission, Friendship City Commission, and Arts Commission. The Advisory Board of Health, Human Rights Commission and Friendship City Commission also include one-year term youth memberships. Terms are effective upon appointment through August 31, 2014. However, the City Council may decide to extend the term to August 31, 2015. The Human Rights Commission currently does not have any youth member vacancies. There is one youth member opening on the Friendship City Commission and one on the Advisory Board of Health. 1112Commsisionxxx Applicants were interviewed at a Special City Council Meeting on April 8, 2014. III. BR ASIS OF ECOMMENDATION A. B ACKGROUND  In January, 2014 the City Council made several appointments to the various City advisory commissions.  There continue to be some vacancies on the commissions.  The City Council continues to accept applications and interviews all applicants. B. P OLICY  The City advisory commissions were established by City ordinance or resolution. C. CTI RITICAL IMING SSUES  Interviews were conducted at a Special City Council Meeting on April 8, 2014.  Terms are effective upon appointment.  The City Council may decide to extend the youth term membership term to August 31, 2015. D. F INANCIAL  N/A E. L EGAL  The Special City Council Meeting was posted in accordance with the open meeting law requirements. F. EC NVIRONMENTAL ONSIDERATIONS  N/A IV. AR() LTERNATIVE ECOMMENDATIONS  The City Council could defer the appointment to a future City Council Meeting. V. A TTACHMENTS  Vacancy list. VI. PPEM RINCIPAL ARTIES XPECTED AT EETING  None. 0 7r 0 N. 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