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05-13-08 AgendaCITY OF RICHFIELD, MINNESOTA . TUESDAY, MAY 13, 2008 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Rofl call 5:30 - 6:00 p.m. 1. Discussion regarding Open Forum (Council Memo No. 75) Notes: • Adjournment SPECIAL CONCURRENT CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:00 P.M. AGENDA • Call to order Roll call 6:00 - 6:50 p.m. 1. Discussion regarding Comprehensive Plan review (Council Memo No. 76/HRA Memo No. 12) Notes: Adjournment REGULAR CITY COUNCIL MEETING • COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS C] Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of April 22, 2008 and (2) Regular City Council Meeting of April 22, 2008 PRESENTATIONS 1. Recognition of Richfield Centennial babies 2. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Junior Ambassadors (Council Memo No. 77) 3. Presentation of proclamation designating May 25-31, 2008 as Salute to Small Business Week in Richfield 4. Annual meeting with Transportation Commission 5. Presentation regarding Public Works Week and new Maintenance Facility open house COUNCIL DISCUSSION 6. Council discussion • Participation in Fourth of July parade • Hats Off To Hometown Hits • Notes: AGENDA APPROVAL 7. Council approval of agenda CONSENT CALENDAR 8. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of continuing public hearing and second reading of transitory ordinance to vacate utility easement at 800 66th Street West to June 10, 2008 S.R. No. 113 B. Consideration of approval of first reading of ordinance incorporating 2004 Minneapolis-St. Paul International Airport zoning ordinance requirements; amending Richfield City Code Subsections 512.01, Subd. 1 and 512.03; amending Richfield City Code by adding new Subsection 512.13; and amending Appendix 1 of • Richfield City Code by adding new Section 18 S.R. No. 114 C. Consideration of approval of first reading of ordinance amendment establishing regulations for storage of oversize vehicles in residential districts and scheduling second reading for May 27, 2008 S.R. No. 115 D. Consideration of approval of resolution authorizing City Council not to waive monetary limits on statutory municipality tort liability as established by Minnesota Statute 466.04 S.R. No. 116 E. Consideration of approval of resolution authorizing Department of Public Safety/Police to accept Edward Byrne Memorial Justice Assistance Grant of $23,298.75 from Office of Justice Programs to be used for placing video cameras in Police squad cars S.R. No. 117 F. Consideration of approval of resolution accepting donation of $430 from receipt of 13 memorials given in name of Richfield resident, Tom Curran, to Richfield Fire Department S.R. No. 118 Notes: 9. Consideration of items, if any, removed from Consent Calendar • Notes: PUBLIC HEARINGS 10. Public hearing regarding resolution approving issuance of Educational Facilities Revenue Notes, Series 2008 by City of Minneapolis and authorizing execution and delivery of cooperation agreement between City of Minneapolis and City of Richfield related to project financing to be undertaken by Academy of Holy Angels Staff Report No. 119 Notes: 11. Public hearing regarding resolution granting final approval of plat for 1901 66th Street East; Richfield Maintenance Facility Staff Report No. 120 Notes: • PROPOSED ORDINANCES 12. Consideration of first reading of transitory ordinance authorizing planning, design and construction of new Police/Fire/City Hall facility and scheduling public hearing and second reading for June 10, 2008 Staff Report No. 121 Notes: 13. Consideration of first reading of amendments to Richfield City Code Subsections 514.14, Subd. 3; 518.15, Subd. 3; and 522.15, Subd. 4 to require construction of one car garage for all new single-family homes and two car garage for all new single-family homes over 1,200 square feet and scheduling second reading for May 27, 2008 Staff Report No. 122 • Notes: RESOLUTION 14. Consideration of resolution denying issuance of new on-sale wine and 3.2 percent malt • liquor licenses, with optional 2 a.m. closing, for Aribel's 1120 East 66th Street Staff Report No. 123 Notes: OTHER BUSINESS 15. Consideration of accepting Corridor Housing Initiative development guidelines Staff Report No. 124 Notes: CITY MANAGER'S REPORT 16. City Manager's report • Adam's Hill Pond storm water pilot program • Notes: 17. 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 rninutes 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: 18. 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. • AGENDA SECTION: CONSENT AGENDA ITEM # $A REPORT # 113 ~~- STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME. TITLE • • INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing and second reading of a Transitory Ordinance to vacate a utility easement at 800 66th Street West to June 10, 2008. I. RECOMMENDED ACTION: By Motion: Continue the second reading and public hearing of a Transitory Ordinance to vacate a utility easement at 800 66th Street West to June 10, 2008. II. BACKGROUND On April 8, 2008 the City Council approved a first reading of a Transitory Ordinance to vacate a portion of a utility easement across the previously vacated Graham Avenue. As is standard procedure for easement vacations, the Hennepin County Registrar of Deeds and Titles and public utility companies were notified of the proposed vacation. Xcel Energy, Qwest and Centerpoint Energy have indicated that they have buried facilities within the vacation area. The petitioner is working with the utility companies to determine whether or not facilities can be relocated or if easements can be reserved. 051308 - 2nd Reading easement vacation 800 66th St W -continue ph • III. BASIS OF RECOMMENDATION A. POLICY • An easement for public facilities must be reserved. The applicant is working to clarify the area in which an easement continues to be necessary. B. CRITICAL ISSUES • A public hearing and second reading of the Transitory Ordinance shall be held once the extent of all utility easements is determined. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A • IV. ALTERNATNE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • N/A VI: PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • • STAFF REPORT AGENDA SECTION: CONSENT AGENDA ITEM # $$ REPORT # 114 CITY COUNCIL MEETING • • MAY 13, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ITEM FOR COUNCIL CONSIDERATION: Consideration of a first reading of an ordinance incorporating the provisions of the 2004 Minneapolis - St. Paul International Airport Zoning Ordinance and creating an overlay zoning district in which the rovisions will a I . I. RECOMMENDED ACTION: By Motion: Conduct a first reading of an ordinance incorporating 2004 Minneapolis - St. Paul International Airport Zoning Ordinance requirements; amending Richfield City Code Subsections 512.01, Subd. 1 and 512.03; amending Richfield City Code by adding new Subsection 512.13; and amending Appendix 1 of the Richfield City Code b addin new Section 18. II. BACKGROUND In 2004 the Wold -Chamberlain Field Joint Airport Zoning Board (JAZB) adopted an amended Minneapolis - St. Paul International Airport Zoning Ordinance. The Ordinance takes precedent over municipal ordinances related to height restrictions and land use within certain areas in the City that are in the vicinity of the Minneapolis - St. Paul International (MSP) Airport. The proposed overlay district shall apply to all land within the City falling within the designated Safety Zone B and Safety Zone C (see attached maps). Safety Zone 6 generally prohibits the following land uses: 051308 - 1st Reading JAZB provisions ZONING ADMINISTRATOR • Amphitheaters; . Campgrounds; • Churches; • Fuel storage tank farms; • Above-ground fuel tanks; • Gas stations; • Hospitals; • Nursing homes; • Residential uses (including low, medium and high density); • Schools; • Stadiums; • Theaters; • Trailer courts; and • Ponds or other uses that might attract waterfowl. Certain "established residential neighborhoods" are exempted from the provisions of Safety Zone B. Richfield is included in this exemption, therefore, all existing low, medium and high density housing in Safety Zone B may be improved and/or expanded and new housing may be developed subject to the height and general safety restrictions of the Ordinance (discussed below). Further, all nonconforming structures and uses are allowed to remain and can be altered, changed or rebuilt in accordance with these same height and general safety restrictions. Safety Zone C does not prohibited any particular uses, but requires compliance with height and • general safety requirements. Construction height limitations vary from 60 feet to 150 feet with most areas falling within the range of 130 feet to 140 feet. The general restrictions of the Ordinance prohibit any land use that could endanger landing, taking off or maneuvering of aircraft. III. BASIS OF RECOMMENDATION A. POLICY • The regulations of the 2004 MSP Zoning Ordinance apply whether or not they are incorporated directly into the City's Code. B. CRITICAL ISSUES • The City is responsible for administering the rules of the 2004 MSP Zoning Ordinance. C. FINANCIAL • N/A D. LEGAL • A public hearing was held before the Planning Commission on April 28, 2008. No members of the public spoke on this item. • The Planning Commission voted unanimously (9-0) to recommend approval of the attached Ordinance. • If adopted by the Council following a second reading, the proposed changes will take effect 30 days after publication in the Sun Current Newspaper. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • Ordinance • Safety Zone Maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • U~~ BILL NO. • AN ORDINANCE RELATING TO ZONING; INCORPORATING 2004 MINNEAPOLIS - ST. PAUL AIRPORT ZONING ORDINANCE REQUIREMENTS; AMENDING RICHFIELD CITY CODE SUBSECTION 512.01, SUBDIVISION 1; AMENDING RICHFIELD CITY CODE SUBSECTION 512.03; AMENDING RICHFIELD CITY CODE BY ADDING NEW SUBSECTION 512.13; AND AMENDING APPENDIX 1 OF THE RICHFIELD CITY CODE BY ADDING NEW SECTION 18 THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.01, Subdivision 1 of the Richfield City Code is amended to read as follows: 512.01. Zoning districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: ,..... Residential Districts • • Residential Ie Family Sing R _ _ Low Density Single Family Residential R-1 Family Residential Two MR-1 ,. . Multi-Family Residential MR-2 High Density Multi .Family Residential MR 3 Commercial Districts Service Office S-O Nei hborhood Business ...... g ................ C-1 , ......................................... General Commercial C-2 Mixed-Use Districts i........._Mixed-Use _Reg_!_o.n.a.~...... ...._MU-R ..................................: Mixed-Use Communit y. MU-C Mixed-Use Nei hborhood ...................................................................g . MU-N ,.......... Industrial Districts Industrial .... I ;. Planned Unit Development Districts Planned Residential PR Planned Two Family Residential PMR-1 Planned Multi-Family Residential PMR ,... Planned Nei hborhood Commercial ... g ............. PC-1 :............................................. Planned General Commercial PC-2 Overlay Districts Airport Runway Overlay District AR 051308 - 1st Reading JAZB provisions 86 ~ Section 2 Subsection 512.03 of the Richfield City Code is amended to read as follows: 512.03. Permitted uses in all districts. Except when otherwise noted, Tthe following uses shall be construed to be permitted in all zoning districts within the City: a) Public streets and highways; b) Underground public utilities; c) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as an accessory use; and e) Horticulture on land which cannot be put to other uses, provided. no sale of products is conducted on the lot. Section 3 The Richfield City Code is amended by adding new Subsection 512.13 to read as follows: 512.13. Airport runway overlay district. Subdivision 1. Purpose and intent. The Airport Runway Overlay District is established to implement the 2004 Minneapolis- St. Paul International Airport (Wold-Chamberlain Field) Zoning Ordinance • (hereinafter 2004 MSP Zoning Ordinance). The 2004 MSP Zoning Ordinance, pursuant to the provisions and authority of Minnesota Statutes Section 360.063, takes precedent within areas of the City of Richfield regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Minneapolis - St. Paul International Airport. The 2004 MSP Zoning Ordinance creates zones and establishes boundaries that extend into the City of Richfield. It is the purpose of the Airport Runway Overlay District to protect the public health, safety order convenience, prosperity and general welfare and to promote the most appropriate use of land by preventing the creation or establishment of Airport Hazards subject to the 2004 MSP Zoning Ordinance and Minnesota Statutes. Subd. 2. Creation of districts and applicability. The Airport Runway Overlay District shall apply to all land within the City of Richfield designated as Safety Zone B and Safety Zone C in the 2004 MSP Zoning Ordinance. Subd. 3. Supplemental definitions. The following words and terms when used in this subsection shall have the following meanings unless the context clearly indicates otherwise: a) "2004 MSP Zoning Ordinance" -The restated and amended Minneapolis - St. Paul International Airport (Wold -Chamberlain Field) Zoning Ordinance adopted by the Wold -Chamberlain Field Joint Airport Zoning Board on April 29, 2004 which became effective on May 7, 2004. 8C~_~3 b) "Above-ground fuel tank" - A container, vessel or other enclosure designed to contain or dispense fuel that is located above the ground surface, that is not • contained within a building or structure and that is not part of or connected to a boat, motor vehicle or rail car. c) "Airport hazard" - Anv structure. tree or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport: and any use of land that is hazardous to persons or property because of its proximity to the Airport. d) "Airspace surfaces" -The surfaces established in Section IV.A of the 2004 MSP Zoning Ordinance. e) "Airspace zones" -The land use zones established in Section IV.A of the 2004 MSP Zoning Ordinance. ~ "Board of adjustment" -The body established in Section XII.A of the 2004 MSP Zoning Ordinance. q) "Established residential neighborhood in a built-up urban area" -The areas identified in the 2004 MSP Zoning Ordinance and listed in Exhibit B -Legal Description of Established Residential Neighborhoods and shown on Exhibit C - Map of Established Residential Neighborhoods in Built-up Urban Areas and pursuant to the criteria noted in the 2004 MSP Zoning Ordinance. • h) "Low density residential structure" - Asingle-family or two-family home. i) "Low density residential lot" - A single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is such type of residences. 1~ "Safety zones" -The land use zones established in Section V.A of the 2004 MSP Zoning Ordinance. Subd. 4. Uses. All permitted, accessory, conditional and interim uses allowed in the underlying zoning district are allowed in the Airport Runway Overlay District with the exception of the following prohibited uses. al Within the portion of the Airport Runway Overlay District designated as Safety Zone B as contained in Section V Land Use Safety Zoning of the 2004 MSP Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plate SZ-20, the following uses are prohibited unless a variance permitting the use is granted by the Board of Adjustment established by the 2004 MSP Zoning Ordinance: (i) Amphitheaters; (ii) Campgrounds; (iii) Churches; (iv) Fuel storage tank farms; (v) Above-ground fuel tanks; (vi) Gasoline stations; B~-`~ (vii) Hospitals; (viii) Nursing homes; (ix) Residential uses (including low, medium and high density residential uses); (x) Schools; (xi) Stadiums; ~xii) Theaters; (xiii) Trailer courts; (xiv) Ponds or other uses that might attract waterfowl or other birds such as putrescible waste disposal operations, wastewater treatment facilities and associated settling ponds, and dredge spoil containment areas; provided, however the prohibition on ponds or other uses that might attract waterfowl or other birds shall not apply to acres below an elevation of eight hundred (800) feet above mean sea level along the Bluff of the Minnesota River. b) Within the portion of the Airport Runway Overlay District designated as Safety Zone C as contained in Section V Land Use Safety Zoning of the 2004 MSP Zoning Ordinance and shown on MSP Zoning Map Safety Zones -Plates SZ-13, SZ-14, SZ-15 and SZ-20 no land use shall violate the height restrictions imposed by the 2004 MSP Zoning Ordinance and described_in Subsection 512.13 Subd. 4 of this code. Subd. 5. Height restrictions. Except as necessary and incidental to Airport operations no new structure shall be constructed or established; no existing structure shall be altered changed rebuilt, repaired or replaced; and no tree shall . be allowed to grow or be altered, repaired, replaced or replanted in any way so as to project above any Airspace Surface as shown on MSP Zoning Map Airspace Zones -Plates A-13, A-14, A-15, A-19 and A-20. Subd. 6. Exemption for established residential neighborhoods. The following regulations shall apply to an "established residential neighborhood in a built-up area" as defined in 2004 MSP Zoning Ordinance: a) A low density residential structure or isolated low density residential lot as defined in 2004 MSP Zoning Ordinance which existed in an "established residential neighborhood in a built-up area" on or before January 1, 1978, and all other land uses with existed in an established residential neighborhood in a built-up area on or before June 30 1979 shall be subject to the height restrictions of Subdivision 4, but shall not be subject to the Safety Zone B restrictions of Subdivision 3. In addition, such structure lot or use shall be deemed a conforming use that shall not be prohibited under the 2004 MSP Zoning Ordinance. b) In Safety Zone B in an established residential neighborhood in a_built-up urban area or in an area immediately adjacent to such a neighborhood, existing low, medium and high density residential uses may be improved and expanded, and new low, medium and high density residential uses may be developed, all subject to the height restrictions of Subdivision 4 and all other provisions of this code. Subd. 7. 2004 MSP Zoning Ordinance use variances. Within the Airport Runway Overlay District variance to allow uses listed as prohibited in the Airport Runway Overlay District that are granted by the Board of Adjustment as contained in the u~'~ 2004 MSP Zoning Ordinance may only be established in the City of Richfield to the extent that they comply with all of provisions of this code. A use not allowed in the underlying zoning district shall not be established under any circumstances. Section 4 Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 18 to read as follows: SECTION 18. AIRPORT RUNWAY OVERLAY DISTRICT (AR) The Airport Runway Overlay District (AR) shall apply to all land within the City of Richfield desianated as Safety Zone B and Safety Zone C in the 2004 MSP Zoni r Zones -Plates 15 and Plate SZ-20. • Passed by the City Council of the City of Richfield, Minnesota this day of 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Airport Safety Zones ~~-~~ (Map 1 of 2) ®Safety Zone B ® Safety Zone C 0 425 850 1,700 2,550 3,400 Feet Airport Safety Zones 8~-~ (Map 2 of 2) A 0 430 860 1, 720 2, 580 3, 440 Feet ®Safety Zone B ® Safety Zone C • AGENDA SECTION: CONSENT AGENDA ITEM # $C REPORT # 115 STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHARLIE O~BRIEN, CODE COMPLIANCE OFFICER NAMIs, ITEM FOR COUNCIL CONSIDERATION: First reading of an ordinance amendment establishing regulations for the storage of oversize vehicles in residential districts. RECOMMENDED ACTION: By Motion: • Approve the first reading of the attached ordinance amendment establishing regulations for the storage of oversize vehicles in residential districts • Schedule the second reading for May 27, 2008. • II. BACKGROUND At a Council work session in July 2007, staff presented information regarding similar ordinances from other cities and research material on various types and sizes of vehicles, illustrating that regulating storage of vehicles by vehicle weight could allow for the storage of very large vehicles on residential property, while still meeting the weight restrictions of our current ordinance. Staff was instructed, after discussion with Council, to prepare a draft ordinance addressing vehicle storage in residential districts by dimension and stating the dimensions to be allowed. 0513 Ordinance Amendment on Storage of Oversize Vehicles The draft ordinance was presented to Council and discussed at the April 22, 2008 work session. Minor changes requested by Council regarding the dimension language in the oversize vehicle definition have been addressed and the ordinance is now submitted for adoption. III. BASIS OF RECOMMENDATION A. POLICY Richfield City Code section 1320 does not allow: vehicles that are in excess of one ton; a bus designed to carry more than nine passengers; any tractor, truck-tractor, ortruck-trailer to be stored on residential property. This method is problematic for several reasons: • There has been a trend toward larger and larger vehicles being owned by citizens and being kept on residential property in general. The proliferation of larger and larger SUVs and Pickups is obvious. Some vehicles are kept for commercial purposes but many are not. They are still in violation of the ordinance. • There is a trend in business for individuals to be employed by a firm but seldom going to a facility owned by the firm. Service industries commonly ship the items needed by their employees to their homes and provide a vehicle that the individual uses daily for business but stores at his residence. • Staff has difficulty determining the weight of vehicles in a manner that allows for easy enforcement that can be understood easily by citizens as well. • Vehicles can be very large while not being in violation of the current restrictions by weight. For example, a large cube van used for delivery may not be in violation of the City's weight standard but may have a high impact on surrounding properties. B. CRITICAL ISSUES • Richfield City code section 1320 does not allow for vehicles that are in excess of one ton, a bus designed to carry more than nine passengers, or any tractor, truck-tractor, ortruck-trailer to be stored on residential property. C. FINANCIAL • N/A D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONr;S~ • Council could decide to make no changes to the current ordinance. This would, however, prohibit residents whose every day vehicle or truck is over the one-ton limit from parking their vehicle on their property without risk of receiving a violation notice and possible enforcement action while allowing the storage of oversize vehicles on residential properties that did not cross the current regulatory weight threshold to impact surrounding properties. V. ATTACHMENTS • Draft Ordinance amending Richfield City Code, Section 1320. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • • • 1..~~ CITY OF RICHFIELD STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO PARKING AND STORAGE OF OVERSIZE VEHICLES IN THE CITY OF RICHFIELD. THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 1320.01 of the Richfield City Code is amended to read as follows: Section 1320: Parking: outside storage. 1320.01. Declaration of nuisance. The outside parking or outside storage, on or near residential district properties, of vehicles, materials, supplies or equipment not customarily used or needed for use in connection with the occupancy of residential property for racirlAnra residential purposes, is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare in such district residential districts, including; obstruction of view on streets and on private properties, bringing unhealthful and noisome odors and materials into residential neighborhoods, creating a cluttered and otherwise unsightly areas, preventing the full use of residential streets for residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property values and neighborhood patterns. Sec. 2. Section 1320 of the Richfield City Code is amended by adding a subdivision to read as follows: nsions exceed twenty-two feet (22') in length; or, seven and one half feet (7.5') in width; or, seven and one half feet (7.5') in height, exclusive of anv additional racks or eauioment. Measurements to conform to this standard shall be taken with tires inflated to n mend to Sec. 3. Subsection 1320.03 of the Richfield City Code is amended to read as follows: 1320.03. Unlawful parking. It is unlawful for any person owning, driving or in charge of a vehicle of any of the types hereinafter specified as an Oversize Vehicle to cause or permit such vehicle to be parked or to stand continuously for more than faun four hours on any residential property or on any public street directly abutting residential districts within the city. This prohibition applies to the following vehicles and other similar vehicles. (a) any bUS rlacinnarl to rarni mnrP than nines narcnnc other than a bus converted to an RV as allowed by other sections of the city code. • ~~ (c) any tractor, truck-tractor, truck-trailer or any type of trailer defined as an • Oversize Vehicle in this section. Sec. 4. Subsection 1320.05 of the Richfield City Code is amended to read as follows: 1320.05. Exceptions. This section does not apply to the following vehicles: (a) a motor truck, pickup truck or similar vehicle being used by a public utility, moving company, or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) ar other (e) Recreational vehicles and equipment as defined by this code. • (f) oversize or commercial vehicles in non residential areas as allowed elsewhere in this code. Sec. 5. This ordinance will become effective in accordance with Section 3.09 of the City Charter. Adopted this day of , 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk a vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery and in excess of the faun four hour limit shall be unlawful; or AGENDA SECTION: CONSENT AGENDA ITEM # $D REPORT # j j r STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the City not to waive the monetary limits on statutory municipalit tort {iabilit . I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing the City Council not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. • II. BACKGROUND The City purchases its insurance from the League of Minnesota Cities Insurance Trust (LMCIT). A requirement of that insurance coverage is that each participating municipality must annually either affirm or waive its statutory limits of liability. This action must be taken before July 1 of each year. The current statutory limits of liability for Minnesota cities are $300,000 for an individual claimant and $1,000,000 per occurrence. Cities can waive those limits by allowing an individual claimant to recover more than $300,000, up to the $1,000,000 occurrence limit or more if limits are waived and excess liability insurance is purchased. They may also waive the per occurrence limit and purchase excess liability insurance. 0513Tort Historically, Richfield has not waived its limits of liability. This is historically true of • slightly more than half of the cities in Minnesota. Richfield has also elected not to purchase excess liability coverage for the past several years. The cost of excess liability insurance has been, and continues to be very expensive. An additional $1,000,000 of coverage would cost in excess of $65,000 annually. Moreover, buying the coverage may expose the City to liability exposure in excess of the statutory $1,000,000 cap. III. BASIS OF RECOMMENDATION A. POLICY • The State Statute establishing liability limits for cities at the current $1,000,000 level was established fairly recently and appears to be a reasonable limit. Historically, the majority of municipalities in Minnesota are not waiving the monetary limits on municipality tort liability as was established by Statutes 466.04. • The Council could waive its statuary limits in future years if a decision was made to do so. • The City Council may also wish to further consider purchasing excess liability in the future. If this is the case it may be purchased at any point in the future. • B. CRITICAL ISSUES • The City's insurance policy with the League of Minnesota Cities Insurance Trust will renew on July 1, 2008. This action must be completed on, or before that time. C. FINANCIAL • The City has historically not purchased excess liability coverage because of the cost of such coverage. The annual premium for $1 million of coverage would be between $65,000 and $75,000 if the City does not waive its liability limits. D. LEGAL • The tort liability limits established by Minnesota Statutes have protected cities historically and no Minnesota court has ever established a monetary award in excess of the statutory limits against a municipality. • Each city must annually decide whether the City would voluntarily waive the statute for both the single claims each occurrence limits. E. ENVIRONMENTAL CONSIDERATIONS • N/A • IV. ALTERNATIVE RECOMMENDATION(S~ • If the Council feels that any single claimant should receive more than the $300,000 limit, the Council could elect to waive the statutory monetary limits. • If the Council feels that the $1,000,000 per occurrence limit is not adequate, the City could purchase excess liability coverage and subsequently waive the limits of liability up to the amount of excess coverage purchased by the City. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. • r ~ U ~pvi RESOLUTION NO. • RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY MINNESOTA STATUTES 466.04 WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for Minnesota cities; and n LJ WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each city review the tort liability limits and determine if the respective city would choose to waive it's limits; and WHEREAS, such decision to affirm or waive the tort liability limits must be filed with the League of Minnesota Cities Insurance Trust at the insurance renewal date. NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not waive the monetary limits on the municipal tort liability established by Minnesota statutes 466.04. 2008. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • AGENDA SECTION: CONSENT AGENDA ITEM # $$ REPORT # 117 ~~ STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 ~~ REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAME, Trri.r: DEPARTMENT DIRECTOR REVIEW: ~y~. sic ~ ni: REVIEWED BY CITY MANAGER: ~ ' ~ *~ ITEM FOR COUNCIL CONSIDERATION: Council approval of resolution authorizing Public Safety Department's acceptance of grant monies from the U.S. Dept. of Justice for $23,298.75. RECOMMENDED ACTION: By Motion: Approve the attached resolution allowing the Department of Public Safety to accept 2007 JAG (Justice Assistance Grant) grant monies from the U.S. Department of Justice, Office of Justice Programs, in the amount of $23,298.75. II. BACKGROUND The Public Safety Department applied for a grant entitled the Edward Byrne Memorial Justice Assistance Grant (JAG). The grant program allows states, tribes and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Notification has been received that the City of Richfield, Public Safety Department, was approved to receive $24,525 from the JAG program, minus 5% administrative costs, or $23,298.75. • 0513 Resolution for Acceptance of JAB Grant Monies III. BASIS OF RECOMMENDATION A. POLICY • Public Safety does not accept financial support unless it is designated for a specific program that will affect the department as a whole. • Minnesota Statute 465.03 requires 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 by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • The grant money will be used by Public Safety to place video cameras in the department's squad cars. C. FINANCIAL • Five percent (5%), or $1,226.25, of the total ($24,525) has been removed as approved by the grant to cover administrative costs. The amount that Public Safety will receive is $23,298.75. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • Council could disapprove the acceptance of grant monies and the funds would have to be returned. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~ RESOLUTION NO. i RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) OF $24,575, MINUS 5% ADMINISTRATIVE COSTS, FROM THE OFFICE OFJUSTICE PROGRAMS TO BE USED FOR PLACING VIDEO CAMERAS IN POLICE SQUAD CARS WHEREAS, Richfield Police has been approved by the U.S. Department of Justice to participate in funds made available to several Hennepin County departments through the Edward Byrne Memorial Justice Assistance Grant (JAG); and, WHEREAS, Richfield has agreed that Hennepin County will serve as the fiscal agent on behalf of the cities of Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis and Richfield; and WHEREAS, Richfield is scheduled to receive $24,575 to be used as designated by the grant agreement which mandates that the funds be used for law enforcement programs, prosecution and court programs, prevention and education programs, corrections and community corrections programs, drug treatment programs, or planning evaluation and technology improvement programs; and, • WHEREAS, five percent (5%) has already been set aside for costs associated with administering the JAG funds, in accordance with the agreement, leaving $23,298.75 from the original grant amount of $24,575; and WHEREAS, Richfield has designated $23,298.75 to be used to offset the costs associated with placing video cameras in Richfield Police squad cars. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May 2008. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk • r CONSENT 8F 118 MAY 13, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING BRAD SVEUM -FIRE SERVICES DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution accepting a donation of $430 from the receipt of 13 memorials iven in the name of Richfield resident, Tom Curran, to the Richfield Fire Department. I. RECOMMENDED ACTION: By Motion: Approve the resolution accepting the donations totaling $430 from the receipt of 13 memorials donated in the name of Richfield resident, Tom Curran, to the Richfield Fire Department. II. BACKGROUND The Richfield Fire Department responded several times in the past to render various types of assistance due to a chronic medical condition. Mr. Curran passed away March 28, 2008 and his wife wished to express her thanks to the City of Richfield and the Fire Department for this help by directing memorials in his name to the Fire Department. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statute requires acceptance of a grant or donation of more than two-thirds majority of the City Council. • The Administrative Services Department issued a memo on November 9, 2004 requiring all grants and donations to departments 0513Fire be received by resolution and by more than two-thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • This donation will aid in the delivery of fire and health safety education programs to the citizens of Richfield. C. FINANCIAL • This donation will allow safety education material to be purchased that was not budgeted for in 2008. • There are no matching fund requirements D. LEGAL • Minnesota Stature 465.03 requires every acceptance of a grant or donation of more than two-thirds majority of the City Council. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Decline to accept the donations • V. ATTACHMENTS • Council Resolution • Copy of thank you card from the family of Tom Curran. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. l~ev~ sect RESOLUTION NO. G~~-~ RESOLUTION AUTHORIZING ACCEPTANCE OF DONATION OF MEMORIALS IN THE NAME OF RICHFIELD RESIDENT TOM CURRAN TO THE CITY OF RICHFIELD FIRE DEPARTMENT IN ACCORDANCE TO THE WISHES OF THE FAMILY OF TOM CURRAN WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such terms in full, and WHEREAS, The City of Richfield has been named to have memorials in the name of Tom Curran directed to it, and WHEREAS, 13 memorials totaling $430 have been received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: . 1. That the City Council of the City of Richfield hereby accept 13 memorials totaling $430 donated to the City of Richfield Fire Department in the name of Tom Curran and authorizes the city to administer those donations in accordance with the terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2008. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk • S F a- m 3 ~ti o ~ ~ 2 `~~ ~~~~ ~~ ~~$~~r~ ~ ~ w~.~~~~ J ~ 2 ~ ~, 3 3 ~, ~ ~Y x ~ ~ °~ ~ ~~ ~~~- y~t-~ i-~ a~ 4 v~ ~ v '~ 2 x~ ~C ~~~ ~ ~~ ~ ~ ~~~ ~ ~ • ~~~~~~~ ~r~~~ • -~ ~~ a ~ ~ ~ ~ - °~' .~ ~ U ~ ..., ~,. ~, ~. ~~ ~ `~ ~ ~ ~~ ~ ~. °~ `~ \~ ~ ~ ~ ~, ~,, ~ :~ ~~ ~~ ~,, .~_., '~~ ~ ~ 1 ~~ r~ L_J • AGENDA SECTION: PIIBLIC HEARINGS AGENDA ITEM # lO REPORT # 11~ MAY 13, 2008 • REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: STAFF REPORT CITY COUNCIL MEETING d r~ CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of the resolution and cooperation agreement with regards to the pro~ect financin to be undertaken b the Academ of Hol An els. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the resolution approving the issuance of Educational Facilities Revenue Notes, Series 2008, (Notes) by the City of Minneapolis and authorizing the execution and delivery of a Cooperation Agreement between the City of Minneapolis and the City of Richfield with respect to the Notes and the project to be undertaken by the Academy of Holv Angels. • IL BACKGROUND The City of Minneapolis is issuing tax-exempt bonds on behalf of the Academy of Holy Angels to provide financing for the costs associated with amulti-purpose athletic facility. The Academy of Holy Angels is a Minnesota nonprofit corporation that currently owns and operates a high school (ninth through twelfth grade) in the City of Richfield. In the event that capital facilities to be financed with an issue of tax-exempt, qualified 501(c)(3) bonds are not to be located in the jurisdiction of the issuer (City of Minneapolis), such bonds, under IRS regulations, require that the governmental unit which contains the site of the financed facilities must approve the issue. Consequently, the City of Richfield is considered a "host city" and must undertake certain procedures with regards to the tax-exempt financing, including holding a public hearing and executing a Cooperation Agreement. 0513AHA III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield has established guidelines that provide the City with the authority to carry out the required procedures under federal and state law. B. CRITICAL ISSUES • N/A C. FINANCIAL • The City is to receive a base fee of $500 for staff and administrative time. • The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the procedures required of the City by federal and state law for the tax exempt financing by the Academy of Holy Angels. D. LEGAL • Under federal law, a Cooperation Agreement is required between the City of Richfield and the issuer, the City of Minneapolis. • A public hearing regarding the tax exempt financing must be held, notice of public hearing must be published and Council must adopt a resolution approving the financing of the proposed project. • Notice of public hearing was published in the April 24, 2008 Sun Current Newspaper. • All documents regarding this transaction have been reviewed by the City Attorney. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Forgo approving the resolution and Cooperation Agreement with regards to the project financing to be undertaken by the Academy of Holy Angels. V. ATTACHMENTS • Resolution. • Cooperation Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Utley, Kennedy & Graven • Representative from Academy of Holy Angels • 0513AHA i~~i RESOLUTION NO. CITY OF RICHFIELD, MINNESOTA APPROVING THE ISSUANCE OF ONE OR MORE SERIES OF REVENUE NOTES BY THE CITY OF MINNEAPOLIS, MINNESOTA UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1651, AS AMENDED, TO FINANCE IMPROVEMENTS TO THE EXISTING FACILITY OF ACADEMY OF HOLY ANGELS LOCATED IN THE CITY OF RICHFIELD, MINNESOTA WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152-469.165, as amended (the "Act"), each municipality and redevelopment agency of the State of Minnesota (as defined in the Act), including the City of Minneapolis, Minnesota ("Minneapolis"), is authorized to issue revenue obligations to finance improvements to land and buildings for the benefit of a revenue producing enterprise to be owned by a contracting party (as defined in the Act); WHEREAS, at the request of Academy of Holy Angels, a Minnesota nonprofit corporation (the "Borrower"), Minneapolis proposes to issue one or more series of revenue obligations under the terms of the Act and loan the proceeds derived from the sale of the obligations to the Borrower to finance the following costs associated with a multi-purpose athletic facility of the Borrower: (i) acquisition and installation of (a) a forced-air inflation blower/heatin system; (b) approximately 80,000 square feet of monofilament artificial turf; and (c}galr-supported seasonal fabric dome (collectively, the "Project"); and (ii) the costs of issuing the obligations; and WHEREAS, pursuant to Minnesota Statutes, Section 471.656, Subdivision 2(2), a municipality may issue obligations to finance the acquisition or improvement of real property located outside of its corporate boundaries for property constituting a single project located in a city if the governing body of the city consents, by resolution, to r issuance of such obligations; and WHEREAS, pursuant to Section 469.155, subdivision 9, of the Act, a municipality may enter into an agreement to issue revenue bonds in behalf of one or more other municipalities for a project (as defined in the Act); and WHEREAS, on May 13, 2008, the City conducted a public hearing on the Project, at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of such revenue obligations by Minneapolis; and WHEREAS, pursuant to Section 46X.04, subdivision 2, of the Act, and Section 147(f) of the Internal Revenue Code of 1986, as amended, notice of such hearing (the "Public Notice"), was published in the Sun Current, the official newspaper of the City and a newspaper circulating generally in the City, on April 24, 2008, a date at least fourteen (14) days before a meeting of the City Council of the City on May 13, 2008; and WHEREAS, the Public Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the owner of the Project, and the location of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA THAT: Section 1. Approval of Issuance of Note by Minneapolis. • 1.01. The City hereby approves and authorizes the issuance by Minneapolis of one or more series of Educational Facilities Revenue Notes (Academy of Holy Angels Project), Series 2008 (the "Notes"), in an aggregate principal amount not to exceed $1,500,000, to finance the Project. 0513AHA ID -~'- 1.02 The Notes are to be issued pursuant to .authority granted by the Act. The Notes will constitute revenue obligations secured solely by the Project, revenues derived from the operation of the Project, and other security provided by the Borrower. The Notes will not constitute a general or moral obligation of Minneapolis or the City, or be secured by any taxing power of Minneapolis or the City. 1.03. The City has determined that it is desirable, feasible, and consistent with the objectives and purposes of the Act, and it is in the best interests of the City, to approve the issuance of the Notes by Minneapolis to provide: (i) financing for the acquisition and installation of the Project; and ii) financing for the payment of the costs of issuance and other related costs with respect to the Notes. Section 2. Cooperation Agreement. A Cooperation Agreement, to be dated on or after May 1, 2008, between Minneapolis and the City (the "Cooperation Agreement") is hereby approved, in substantially the form on file with the City. The Mayor and City Manager of the City are authorized and directed to execute and deliver the Cooperation Agreement, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and City Manager shall be conclusive evidence of such determination. Section 3. Documents Furnished to Bond Counsel. The Mayor, City Manager, and other officers o the ity are authorized an irected to furnish to Kennedy & Graven, Chartered, as bond counsel ("Bond Counsel"), certified copies of all proceedings and records of the City relating to such affidavits, certificates, and other documents as may be required by Bond Counsel to show the facts relating to the le ality of the Cooperation A reement and related documents, as such facts appear from the books and records i gthe custody and control of such officers or as otherwise known to them; and all such certified copies, certificates, affidavits, and other documents, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section 4. Costs. The execution and delivery of the Cooperation Agreement by the City is conditionec~on the reimbursement by the Borrower to the City of costs paid or incurred by the City in connection with this resolution or an agreement by the Borrower to pay the costs paid or incurred by the City in connection with this resolution. Section 5. Effective Date. This Resolution shall be in full force and effect from and after its passage t is 13th ay of May, 2008. CITY OF RICHFIELD, MINNESOTA e ie oette , ayor ATTEST: ancy i s, ity er 0513AHA ~~ ~~~ First Draft Monday, May O5, 2008 COOPERATION AGREEMENT This Cooperation Agreement, dated as of May 1, 2008 (the "Cooperation Agreement"), is made and entered into by and between the City of Richfield ("Richfield" or the "Host City"), and the City of Minneapolis, Minnesota ("Minneapolis" or the "Issuer City"). RECITALS The Host City and the Issuer City are authorized by the applicable provisions of Minnesota Statutes, Sections 469.152-469-165, as amended (the "Act"), to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any properties, real or personal, used or useful in connection with a revenue producing enterprise, and of any related public improvements. Academy of Holy Angels, a Minnesota nonprofit corporation (the "Borrower"), has requested that the Issuer City issue revenue obligations, designated as the Educational Facilities Revenue Notes (Academy of Holy Angels Project), Series 2008 (the "Notes"), in one or more series, in the original aggregate principal amount not to exceed $1,500,000, under the Act • to finance the following costs associated with amulti-purpose athletic facility to be owned and operated by the Borrower: (i) acquisition and installation of (a) a forced-air inflation blower/heating system; (b) approximately 80,000 square feet of monofilament artificial turf; and (c) air-supported seasonal fabric dome (collectively, the "Project"); and (ii) the costs of issuing the Notes. Pursuant to Section 469.155, subdivision 9, of the Act, two or more municipalities may enter into an agreement whereby one municipality issues its revenue obligations under the Act in behalf of one or more other municipalities pursuant to revenue agreements with the same or different contracting parties. In addition, pursuant to Minnesota Statutes, Section 471.656, subdivision 2, as amended, a municipality may issue obligations to finance the acquisition or improvement of property constituting a single project located outside of the corporate boundaries of such municipality if, the governing body of the municipality in which the project is located consents, by resolution, to issuance of the obligations. The Host City and the Issuer City propose to enter into this Cooperation Agreement pursuant to which the Host City will consent to the issuance of the Notes and the financing of the Project by the Issuer City and the Issuer City will agree to issue the Notes to finance the Project. The Notes shall not constitute a general or moral obligation of, or a pledge of the full faith and credit or taxing powers of, the Host City or the Issuer City, but shall be payable solely from the revenues pledged and assigned thereto by the Borrower pursuant to one or more agreements between the Issuer City and the Borrower. Execution and delivery of this Cooperation Agreement have been authorized by the governing body of the Issuer City by resolution adopted on May 16, 2008, and by resolution of the governing body • of the Host City, by resolution adopted on May 13, 2008. Ic-~ NOW, THEREFORE, the Host City and the Issuer City hereby agree as follows: 1. The Issuer City shall issue the Notes in an original aggregate principal amount not to exceed $1,500,000. The Notes are to be issued under the terms of Resolution No. of the City Council of the Issuer City (the "Resolution") adopted on May 16, 2008. Proceeds of the Notes will be used to finance the Project and the payment of a portion of the costs of issuance of the Notes. 2. The Host City and the Issuer City have each conducted a public hearing with respect to the Project. 3. The Host City and the Issuer City have each adopted a resolution approving this Cooperation Agreement and authorizing its execution and delivery. 4. The Host City hereby consents to and approves: (a) the issuance of the Notes by the Issuer City; and (b) the financing of the Project by the Issuer City with the proceeds of the Notes. 5. The Issuer City agrees that it will not designate the Notes as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 6. Except to the extent specifically provided herein, the Host City and the Issuer City shall not incur any obligations or liabilities to each other as a result of the issuance of the Notes. The Notes shall be special, limited obligations of the. Issuer City payable solely from proceeds, revenues, and other amounts specifically pledged to the payment of the Notes. The Notes and the interest thereon shall not • constitute or give rise to a pecuniary liability, general or moral obligation, or a pledge of the full faith and credit or taxing powers of the Host City or the Issuer City. The Notes and the interest thereon shall not constitute indebtedness of any of the Host City or the Issuer City within the meaning of any constitutional or statutory limitations. 7. All costs incurred by the Host City and the Issuer City in the authorization, execution, delivery, and performance of this Cooperation Agreement and all related transactions shall be paid by the Borrower. This Cooperation Agreement may not be terminated by any party so long as the Notes are outstanding. 9. This Agreement may be amended by the Host City and the Issuer City at any time. No amendment may impair the rights of the Borrower or the holder(s) of the Notes. 10. This Cooperation Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. [The remainder of this page is intentionally left blank.] • 2 ~~ 'J IN WITNESS WHEREOF, duly authorized officers of the Host City have executed this Cooperation Agreement as of May , 2008. CITY OF RICHFIELD, MINNESOTA By: By: L~ • Mayor City Manager S-1 1~-(~ Execution page of the Issuer City to the Cooperation Agreement, dated as of May , 2008. CITY OF MINNEAPOLIS, MINNESOTA By: City Finance Officer • NR185-128 (JU) 332293v.1 S-2 • ~- STAFF REPORT PIIBLIC HEARINGS 11 120 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MAY 13, 2008 • REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding preliminary and final plat approval for 1901 66th Street East (new City Maintenance Facilit I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a resolution rantin final a royal of a lat for 1901 66th Street East. II. BACKGROUND The attached plat consolidates a number of parcels of land into a single legal parcel on which the new City Maintenance Facility is located. The plat has been reviewed by staff, the City Attorney, and submitted to both Hennepin County and the Minnesota Department of Transportation for review. No comments were received and the review period has now expired. (Hennepin County has advised the City that this land is not within their jurisdiction.) III. BASIS OF RECOMMENDATION A. POLICY • All plats of land must be approved by the City Council. • Preliminary and final plats are typically processed and acted upon by the Council simultaneously. 051308 - 1901 66th St E Plat (City Garage) ZONING ADMINISTRATOR • The applicant must submit two sets of mylar versions of the plat to the • City for signature by the Mayor and City Manager. • Plats must be recorded within 30 days of Council approval. B. CRITICAL ISSUES • The plat will be reviewed by the Hennepin County Surveyor. C. FINANCIAL • N/A D. LEGAL • Notice of this public hearing has been published in the Sun Current Newspaper in accordance with notification requirements. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATNE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution • Plat VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NO. • RESOLUTION GRANTING FINAL APPROVAL OF A PLAT FOR 1901 66TH STREET EAST (RICHFIELD MAINTENANCE FACILITY) WHEREAS, the City of Richfield, ("Applicant") has requested final approval to combine several tracts of land located generally south of 66th Street and east of Trunk Highway 77 (TH 77) and north and east of Longfellow Avenue in the City of Richfield; and WHEREAS, the proposed subdivision is to be known as RICHFIELD MAINTENANCE FACILITY; and WHEREAS, a public hearing was held on the proposed final plat of RICHFIELD MAINTENANCE FACILITY on Tuesday, May 13, 2008 at which all interested persons were given the opportunity to be heard; and WHEREAS, the preliminary plat for the RICHFIELD MAINTENANCE FACILITY was approved by the City Council after a public hearing was held on May 13, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of RICHFIELD MAINTENANCE FACILITY satisfies the requirements of the City's subdivision ordinances. 2. Final approval is granted to the Applicants for the plat RICHFIELD MAINTENANCE FACILITY. 3. The Applicant must file the final plat with the Hennepin County Recorder or • Registrar of Titles, within 30 days of the approval of this resolution. 4. Staff is authorized to make changes as required by the Hennepin County Surveyor's Office. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2008. 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ORDINANCES AGENDA ITEM # 12 REPORT # 121 J STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 • PAM DMYTRENKO, ASSISTANT TO REPORT PREPARED BY: THE CITY MANAGER CHRIS REGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR r}/ REVIEW: ~V SIGNATURE REVIEWED BY CITY MANAGER: ~ / ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of a transitory ordinance authorizing the planning, design and construction of a new Police/Fire/City Hall Facility and scheduling of a public hearing and second readin for June 10, 2008. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the transitory ordinance authorizing the planning, design and construction of a new Police/Fire/City Hall Facility and schedule a public hearing and second reading for June 10, 2008. II. BACKGROUND In 2004, the City Council appointed a citizen taskforce (CHAT I) to research the feasibility of remodeling the existing facility versus building a new one. After a through analysis and research, the CHAT I group determined that building a new facility was the best option. Lack of space, technology challenges, significant maintenance costs, and failure to meet ADA regulations were a few of the reasons the group cited for recommending a new facility. In August 2005, the City Council appointed a second citizen taskforce (CHAT II). CHAT II was charged with determining site location, developing preliminary site plans, and analyzing feasibility. 0513new city hall project CHAT II explored numerous sites and determined that the site of the current Police/Fire/City Hall facility at 6700 Portland Avenue was the optimum site upon which to build the new facility. Through a request for proposal process, Wold Architects was hired to work with CHAT II to analyze space needs, develop preliminary site plans and building. design, and assist with cost estimates. During the fall of 2008, preliminary design and cost estimates were completed and two open houses were held in December. The feedback received at the open houses was shared with the Council during a workession on December 11, 2007. During its annual goal-setting session in January 2008, the City Council discussed the new Police/Fire/City Hall project and incorporated it as one of the City's 2008 capital projects. Two additional public open houses were held on May 1 and 3, 2008 to provide more opportunity for public feedback on the project. Wold Architects has provided all of the services set forth under its contract with the City and the City has fully expended its not to exceed limit of $75,000. In order for the proposed project to proceed, and for any additional money to be spent towards it, it is necessary for the City Council to take formal action. III. BASIS OF RECOMMENDATION • A. hOLICY • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • With City Council approval, a public hearing and second reading of a transitory ordinance authorizing the planning, design and construction of a new Police/Fire/City Hall Facility would be scheduled for June 10, 2008. B. CRITICAL ISSUES • The existing facility is old, outdated and inadequate to accommodate City staff and services. Issues with the current facility include lack of space (community meeting space, storage space and lobby waiting area), inadequate security, rusted pipes with asbestos, mold concerns, outdated electrical equipment, and failure to meet ADA compliance regulations. • According to an April 2003 report prepared by Tushie Montgomery Architects, the cost to remodel the current facility versus building new was determined to be greater. The risk of unanticipated costs is higher for remodeling because the extent of deterioration can be difficult to accurately assess prior to renovation. • The current state of the construction business and interest rates indicates that it is more favorable to build now than to delay. The longer the construction of the new facility is delayed, the more it will cost. • The current state of City Hall indicates that there is not a no-cost option. A decision to remain in the current facility will require the expenditure of significant funds to correct current, ongoing problems as well as to plan for other anticipated needs/problems. C. FINANCIAL • Estimated total project cost of the new facility, at 87,507 square feet, is $21,650,000. • Financing for the new facility is expected to come from the issuance of General Obligation Capital Improvement bonds or Voted General Obligation bonds. The term of both types of bonds would be 20 years. • Estimated taxpayer impacts would vary depending on the taxable market value of properties. For example, it is estimated taxes would increase for a home valued at $250,000 by $136.04/year. D. LEGAL • Pursuant to Section 8.04 of the City Charter, the project will require approval of a transitory ordinance because the estimated project cost exceeds $500,000. • Pursuant to Section 8.05 of the City Charter, notice of the public hearing will be published twice in the Sun Current fourteen days prior to the hearing. Publication dates will be May 29, 2008 and June 5, • 2008. • The City Attorney has reviewed the procedure for this capital improvement and finds that it complies with the City Charter. E. ENVIRONMENTAL CONSIDERATIONS • Any new facility will incorporate sustainability features as determined through acost/benefit analysis. IV. ALTERNATIVE RECOMMENDATIONS) • Council may choose to take no action at this time or defer action to a later date. Any deferment will impact the scheduling of future Council actions required under the City Charter and, ultimately, the construction of the project. V. ATTACHMENTS • Proposed transitory ordinance. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City Hall Task Force Members (CHAT II) • Wold Architect representatives P~1 U BILL NO. ~ c~ "~ Transitory Ordinance No. AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR CONSTRUCTION OF A POLICE/FIRE/CITY HALL PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background; findings. 1.01. Section 8.04 of the Richfield City Charter requires that any capital improvement on City-owned property that has an estimated cost exceeding $500,000.00 or expenditures for design or engineering costs exceeding $75,000.00 must be approved by ordinance after a public hearing. 1.02. It is proposed that the City Council approve a capital improvement project for the improvement of property at the southwest corner of the intersection of 67th Street and Portland Avenue, the current site of the existing Police/Fire/City Hall. 1.03. The capital improvement project consists of the design, engineering and construction of a new Police/Fire/City Hall Facility and related improvements, including, but not limited to parking and utilities connections (the "City Hall Project). 1.04. The estimated construction cost of the capital improvement, excluding preliminary design costs, is in excess of $500,000. The preliminary estimates for total construction cost is $21,650,000.00. 1.05. A public hearing was held on June 10, 2008 after due notice as required by Section 8.05 of the Richfield City Charter. 1.06. The Council finds and determines that it is in the best interests of the City and its inhabitants that the City Hall Project be approved. Sec. 2. Approval; effective date. 2.01. The City Hall Project is approved, and planning, design and construction of the City Hall Project may proceed according to the procedures required by law. 2.02. The purpose of this Ordinance is to comply with the requirements of Section 8.04 of the Richfield City Charter. This Ordinance shall not be construed to require that the City proceed with the City Hall Project; nor does it vest any rights in the City Hall Project to any individual or entity. This Ordinance shall not be construed to pre-approve any contracts for the design or construction of the City Hall Project, and the City Council specifically reserves to itself the authority to approve any such contracts. The City Council reserves the right to abandon the City Hall Project or to modify elements of the City Hall Project, if the Council deems abandonment or modification to be in the public interest. 2.03. This ordinance is effective 30 days following its publication. Adopted by the City of Richfield this 10th day of June, 2008. • ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk l~ ~~' STAFF REPORT PROP. ORDINANCES 13 122 AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING MAY 13, 2008 • REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: ~} REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Conduct a first reading of an ordinance amendment that would require all new single-family homes constructed in the City to include aone-car garage and all new homes exceeding 1,200 s uare feet to include atwo-car ara e. RECOMMENDED ACTION: By Motion: Conduct a first reading of amendments to Richfield City Code Subsections 514.14, Subd. 3; 518.15 Subd. 3; and 522.15 Subd. 4 to require construction of a one-car garage for all new single-family homes and atwo-car garage for all new single-family homes over 1,200 square feet and schedule a second reading for May 27, 2008. • II. BACKGROUND The City Code currently requires that new single-family dwellings either include garage space for two vehicles or designate space on the lot for future construction of such garage space without requirement of variances. The proposed ordinance change will remove the option of designating space for future construction of the garage. All new homes will be required to include at least aone-car garage and designate space on the lot for future construction of an additional stall. New homes that will exceed 1,200 square feet will be required to construct atwo-car garage. To be excused from these requirements, an applicant would need to apply for a variance and meet the specified variance criteria (undue hardship, unique circumstances, will not alter the neighborhood character, minimum variance to alleviate the hardship). 051308 - 1st Reading require garages MELISSA POEHLMAN, PLANNING & • III. BASIS OF RECOMMENDATION A. POLICY • The current policy does not require that a garage be constructed, just that space be available for its construction in the future if the property owner decides to add a garage. • The proposed policy will require the construction of a one-car garage for all new homes. Space for the construction of an additional stall must be reserved. • The proposed policy will require the construction of a two-car garage for all new single-family homes exceeding 1,200 square feet. • Two-family and cluster home developments currently require the provision of two spaces per dwelling, one of which is enclosed within a garage. This requirement will not change. • For the purposes of this ordinance only, each vehicle stall is required to be not less than 10 feet in width by 20 feet in depth. This requirement will not change. B. CRITICAL ISSUES • This issue is being addressed at the request of the Council. • Homes without a garage are considered sub-standard by some. • Square footages for the most recent new homes constructed in the City are as follows: 0 1,224 sf 0 1,642 sf* 0 1,127 sf* 0 1, 592 sf* 0 1,663 sf* *Indicates homes constructed under the City's New Home Program. • The requirement of two-car garages for homes over 1,200 square feet could impact the ability of developers to build affordable housing. Developers may ask the City for additional subsidies to off-set additional costs. C. FINANCIAL • Construction costs will increase for new home builders who were not planning to provide the garage space that will now be required. • In the case of construction of new affordable single-family housing, the requirement to construct a garage may impact whether the construction is feasible. Housing programs such as the New Home Program may be adversely impacted by this additional requirement. • Affordable home developers may ask the City to provide additional funds to help off-set additional construction costs. D. LEGAL • A public hearing was held before the Planning Commission on April 28, 2008. No members of the public spoke on this issue. • The Planning Commission voted to recommend approval of this item (8-1, Schuller dissenting). • If adopted by the Council after a second reading, the proposed changes will take effect 30 days after the approved Council resolution is posted in the Sun Current newspaper. E. ENVIRONMENTAL CONSIDERATIONS • The requirement of garages, specifically two-car garages, will cut down on green space and increase impervious surface and surface water run-off. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve a first reading of an ordinance requiring the construction of a one- cargarage and the reservation of space for a second stall (without the need for variances) for all new single-family homes. • Deny a first reading of the attached ordinance. V. ATTACHMENTS • Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A • «~-( BILL NO. !~ L~ AN ORDINANCE RELATED TO ZONING; AMENDING SUBSECTION 514.15, SUBDIVISION 3; SUBSECTION 518.15, SUBDIVISION 3; AND SUBSECTION 522.15, SUBDIVISION 4 OF THE RICHFIELD CITY CODE TO REQUIRE CONSTUCTION OF A ONE-CAR GARAGE FOR ALL NEW SINGLE-FAMILY HOMES AND ATWO-CAR GARAGE FOR ALL NEW SINGLE-FAMILY HOMES OVER 1,200 SQUARE FEET THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 514.15, Subdivision 3 and Subsection 518.15, Subdivision 3 of the Richfield City Code are amended to read as follows: Subd. 3. Garage planning. Building plans submitted after , [the effective date of this ordinance] for new single-family dwellings 1,200 square feet or less shall include garage space for not less than-twe one vehicles-er and shall designate area{} on the lot for future construction of -garage space for a second vehicle that ~#ees will not require any variances. Building plan submitted after fthe effective date of this ordinancel for new single-family dwellings over 1,200 square feet shall include garage space not less than two vehicles. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than 10 feet in width by 20 feet in depth. • Section 2 Subsection 522.15, Subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. Garage planning. Building plans submitted after , [the effective date of this ordinance] for new single-family dwellings 1,200 square feet or less shall include garage space for not less than~we one vehicles; e~ and shall designate areafs} on the lot for future construction of s~#garage space for a second vehicle that demos will not require any variances. Building plan submitted after (the effective date of this ordinancel for new single-family dwellings aver 1.200 square feet shall include garage space not less than two vehicles. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than 10 feet in width by 20 feet in depth. Section 3 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 day of 2008. Debbie Goettel, Mayor ATTEST: • Nancy Gibbs, City Clerk l~ STAFF REPORT CITY COUNCIL MEETING MAY 13, 2008 AGENDA SECTION: AGENDA ITEM # REPORT # .J RESOLDTION 14 123 REPORT PREPARED BY: BARRY FRITZ, ACTING PUBLIC SAFETY DIRECTOR N~n~r, TirtE • DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution denying a request for new on-sale wine and 3.2 percent malt li uor licenses, with O tional 2 a.m. closin for Aribel's, 1120 East 66th Street, Richfield. I. RECOMMENDED ACTION: By motion: Approve the resolution denying the issuance of new on sale wine and 3.2 percent malt liquor licenses, with optional 2 a.m. closing for Aribel's, 1120 East 66th Street, Richfield. II. BACKGROUND On April 22, 2008, at a regularly scheduled Council meeting, the City reviewed the request for on-sale wine and 3.2 percent malt liquor licenses for Aribel's Restaurant, 1120 East 66th Street. City staff performed background investigations and researched the property records for Aribel's, and analyzed this information taking into account the requirements of both City Code and Minnesota Statutes. In light of all of the investigations, the disclosures made on the liquor license applications, the applicant's history of dealings with the City, the applicant's statutory violations and the history of complaints and police calls to the property, the City Council determined that it is in the best interest of the City that the on-sale wine and 3.2 percent malt liquor license applications received for Aribel's Restaurant be denied. 0513 PH Denial of Aribel's Liquor Licenses Request III. BASIS OF RECOMMENDATION A. POLICY • Under Minnesota Statute § 340A.413, subd. 2(b), no license may be issued if the results of the license investigation show, to the satisfaction of the governing body, that issuance would not be in the public interest. Applicant's past violations of state law, and the increased City resources necessary to monitor the property demonstrate that issuance of a liquor license to Aribel's is not in the public interest. B. CRITICAL ISSUES • The facts and circumstances show Aribel's is not financially stable: • In response to past financial difficulty (nonpayment of liquor taxes), the applicant has twice violated state liquor law requirements. • The facts and circumstances show Aribel's does not have a viable business as a dine-in restaurant open to the general public. • The applicant has not demonstrated the ability, management skills, financial stability and judgment necessary to effectively manage the sale of alcohol to the public. C. FINANCIAL • The establishment is currently in foreclosure with the redemption expiration date being July 17, 2008. D. LEGAL • The City Attorney has determined that the City Council has an adequate basis to deny the license. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None • /~{-~ . RESOLUTION NO. RESOLUTION DENYING ON-SALE WINE LICENSE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR ARIBEL'S, 1120 EAST 66TH STREET WHEREAS, a request has been made for an on-sale wine license and fora 3.2 percent malt liquor license for Aribel's restaurant, located at 1120 East 66th Street, Richfield, Minnesota; and, WHEREAS, City Code Chapter XII governs liquor licenses and applications, and City Code Section 1202.03 adopts the provisions of Minnesota Statutes Chapter 340A by reference; and, WHEREAS, on-sale wine licenses and 3.2 percent malt liquor licenses will not be issued unless various criteria are satisfied as set forth in the Richfield City Code Chapter XII and Minnesota Statutes Chapter 340A; and, WHEREAS, pursuant to City Code Chapter XII, City staff has performed certain background investigations and researched the property records for Aribel's, and analyzed this information in light of the requirements of the City Code and Minnesota Statutes; and, WHEREAS, in light of all of these investigations, the disclosures made on the liquor . license applications, the applicant's history of dealings with the City, the applicant's statutory violations and the history of complaints and police calls to the property, the City Council determines that it is in the best interest of the City that the on-sale wine license and 3.2 percent malt liquor license applications received for Aribel's restaurant be denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield on this 13th day of May, 2008 as follows: The City Council makes the following findings of fact: a. The property at 1120 East 66th Street (the "Property") is known as Aribel's restaurant. The applicant, Ms. Chetranee J. Seepersaud (the "Applicant") seeks an on-sale wine license and a 3.2 percent malt liquor license for the Property. Previous liquor license b. The City previously issued an on-sale wine license and a 3.2 percent malt liquor license to the Applicant in 2005, 2006 and 2007. Applicant submitted a renewal application on October 10, 2007, seeking licenses for the year 2008. The City Council considered that application at its December 11, 2007 meeting. The City Council authorized the licenses to be issued upon the condition that all taxes in arrears be paid to the Department of Revenue in full on or before December 31, 2007. The Applicant did not comply with that condition for renewal, and the licenses expired by their own terms on December 31, 2007. 0513 PH Denial of Aribel's Liquor Licenses Request ~ ~{ ~~ c. The applications now before the Council, submitted by Applicant and signed on January 11, 2008, are for new on-sale wine and 3.2 malt liquor licenses for Aribel's restaurant. Financial Status - Mortgage Foreclosure d. City Code § 1202.09, Subdivision 2(d) requires applicants disclose the names and addresses of all persons who have a financial interest in the business, buildings, premises, or fixtures, including mortgagors and lien holders. e. Applicant, in previous applications to the City, disclosed that the Property is owned by Jaiprakash Munna. The Property is encumbered by a mortgage in favor of Bayview Loan Servicing, LLC. When examining County property records, City staff learned that the mortgage was under foreclosure. The foreclosure sale occurred January 17, 2008. f. On the present application, Applicant did not disclose Mr. Munna's ownership interest in the property nor the mortgage foreclosure action. City staff learned of the ownership interest by reviewing prior applications and reviewing County property records. When questioned by City staff, Applicant supplied some information regarding Jaiprakash Munna. Investigation found that Jaiprakash Munna does not have a criminal history. g. The mortgage redemption period for the Property is set to expire July 17, 2008. It is not known if Jaiprakash Munna will redeem the Property. h. At the public hearing, Applicant told the Council that she and her husband "are in the process of buying the property and hope to close before [the redemption period ends]." The Applicant did not provide any further explanation as to how the Applicant would be able to purchase the property. Taking into consideration the level of income evidenced by the accountant's statement and the Applicant's past difficulties in paying required taxes, the Council has serious doubts about the Applicant's ability to purchase the property. i. Aribel's does not appear to be financially stable. Applicant was delinquent in paying food and beverage taxes in 2007. L The accounting submitted by Applicant shows $57,822 in food sales and $9,971 in liquor sales from October 2006 to September 2007, totaling $67,793. After rent, applicable taxes, and all other overhead are paid, Council has serious concerns that this is not a financially stable business. ~--3 Restaurant Status k. Applicant has applied for the requested liquor licenses as a "restaurant." City Code § 1202.01, subd. 13 defines "restaurant" as an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having appropriate facilities for serving no fewer than 40 guests at one time." I. City Code § 1202.21, subd. 18, establishes a requirement that at least 50 percent of a licensed restaurant's total revenues from sale of liquor and food must come from the sale of food. m. The requirements that licensed restaurants seat at least 40 guests, regularly serve meals to the general public, and have at least 50 percent of their sales from sale of food are all intended to ensure that dining and not consumption of alcohol is the primary activity on the premises. n. All available evidence suggests that the Applicant's restaurant does not generate sufficient dine-in customers to sustain the business as a viable restaurant. At the public hearing, a neighboring property owner stated she sees little activity at Aribel's during daytime hours, and "the only time there seems to be activity is on the weekends and it is always late at night." Council members and City staff have also reported having observed few or no cars at the premises during daytime hours. At the public hearing, Applicant admitted that "most of our business is take-out during the day." o. Although the Applicant stated that the restaurant serves meals in the evenings and on weekends, the Applicant also has admitted that the restaurant has been rented for private parties. Those parties appear to be a source of the complaints regarding noise and late night activity. When meals are regularly served to the general public, the presence of the general public in the restaurant reinforces the public's expectations about appropriate use and consumption of alcohol. That element of control is lacking if the only diners are members of the same group or party. ~ Taken as a whole, the evidence suggests that the Applicant's business has consisted primarily of take-out food sales during the day and private parties in the evening. The Applicant has not shown that its business is primarily engaged in the regular preparation and service of meals on the premises to the general public. g The public interest is not served by issuing a license to a business that only nominally operates as a dine-in restaurant open to the general public. i~-~ Statutory Violations r. On October 15, 2007, City staff received notification from State Alcohol and Gambling Enforcement that Aribel's bought liquor at retail for the purpose of resale in violation of Minn. Stat. § 340A.415. State Alcohol and Gambling Enforcement fined Aribel's $200 for this violation. s. On December 6, 2007, an agent of State Alcohol and Gambling Enforcement visited Aribel's and noted that Aribel's was once again selling alcohol purchased at retail. Aribel's was subsequently fined $400 for this second violation. t. The City was aware of the October 15, 2007 violation at the time that the City Council considered the Applicant's renewal application on December 11, 2007. However, the City Council was not aware of the December 6, 2007 violation. Applicant did not disclose the December 6, 2007 violation to the City Council on December 11, even though the City Council questioned her about the October 15, 2007 violation and expressed concern about the Applicant's adherence to state liquor law requirements. u. Applicant never voluntarily disclosed the December 6, 2007 violation to the City. City staff learned of the second violation by letter from State Alcohol and Gambling Enforcement dated December 28, 2007. v. Applicant did not disclose either the October 15, 2007 or December 6, 2007 violations in her license applications to the City dated January 10, 2008. w. At the public hearing, Applicant stated she was told by state investigators that she could allow customers to consume alcohol and she could display alcohol, but she could not sell alcohol at Aribel's during the period of tax delinquency. The Applicant indicated that she had allowed a customer to bring in alcohol for consumption but did not intend to sell it. x. Under Minn. Stat. § 340A.512, the liquor licensee may prohibit a person from bringing containers of alcoholic beverages into the premises or from consuming from such a container on the premises, without the licensee's permission. It appears that the Applicant is claiming that the second cited violation was in error and that the Applicant did not have alcohol for sale but had only granted permission for display of a container brought from the outside. That assertion raises two concerns. First, the Applicant's claim appears to be an after-the-fact justification, because the Applicant did not contest the second state citation, which was premised on the Applicant having alcohol for sale in violation of state law. Second, even if the Applicant's assertion was true, in the experience of the City Council, viable liquor establishments that are licensed to sell alcohol do not ~ ~4 - S allow on their premises the consumption and display of alcohol purchased outside of their establishment. The City has in the past suspended liquor licenses for restaurant licensees, and the City Council is not aware that any of those licensees ever engaged in such a practice during its period of suspension. The Applicant's resort to such a practice, if that is what the Applicant was doing, suggests that the business is not a viable restaurant with food sales alone. y. The two violations of Minn. Stat. § 340A.415 are especially troubling for the following reasons: (1) the violations were the result of intentional and purposeful actions and not mere neglect or oversight; and (2) the proximity in time between the two violations suggests not only poor judgment and lack of adequate management, but a blatant disregard for the law. Criminal Complaints z. Since the time Aribel's restaurant was issued an on-sale wine license and a 3.2 percent malt liquor license in September, 2005, noise complaints and calls for service have been steadily increasing. From September 2005 through December 2005, there were five calls for service. Three were noise-related and two were disturbances. In 2006, there were 12 calls for service. These calls included six noise • complaints, one assault, one fight, two property damage claims, one domestic assault and one intrusion alarm. From January 2007 through December 2007, there were 19 calls for service. These included 10 noise complaints, two suspicious activity complaints, two assaults, one intrusion alarm, one driving complaint, one harassing communication complaint, one assist for another agency, and one fight. The majority of calls for service appear to be noise complaints, some of which resulted in citations being issued. So far in 2008, there have been 11 calls for service. aa. At the public hearing, two nearby property owners addressed the Council with concerns of the high level of noise created by Aribel's. A property owner stated that, "she is awakened by noise from Aribel's, "incident reports are appalling," "does not seem like a good atmosphere," and "it is a nuisance." Another neighbor stated there is "noise, commotion, fighting in parking lot at 2:00-2:30 in the morning," "noise again after the police left," and this is "not a good thing for the community." bb. At the public hearing, Applicant stated she plans to end the noisy private parties at Aribel's. Applicant has made similar promises to the City regarding noise in the past. The Council has no reason to believe that Applicant will take action necessary to mitigate or end the noise created by her management of Aribel's. cc. Since Aribel's 2007 liquor licenses expired at the end of 2007, the only police calls to the property have been for owner/tenant- ~ ~- - ~ generated service calls. There have been no calls for noise violations. The lack of calls during that period shows a direct causal link between the sale of alcohol on the premises and the disturbances to the neighborhood. Administrative Burden /Public Interest dd. If a liquor license is granted to this Applicant, the City will need to expend additional resources monitoring any other Minn. Stat. § 340A.415 violations, the tax delinquency list and the foreclosure action. ee. Under Minnesota Statute § 340A.413, subd. 2(b), no license may be issued if the results of the license investigation show, to the satisfaction of the governing body, that issuance would not be in the public interest. Applicant's past violations of state law, and the increased City resources necessary to monitor the Property demonstrate that issuance of a liquor license to Aribel's is not in the public interest. 2. The facts and circumstances show Aribel's is not financially stable. 3. The facts and circumstances show Aribel's does not have a viable business as a dine-in restaurant open to the general public. • 4. The Applicant has not demonstrated the business management skills, financial stability and judgment necessary for someone holding a liquor license and selling alcohol to the public. 2008. 5. For all of these reasons, the City Council finds that it is in the best interest of the public to deny Applicant's on-sale wine and 3.2 malt liquor license applications. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, Debbie Goettel, Mayor ATTEST: Nancy C. Gibbs, City Clerk • AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 15 REPORT # 124 STAFF REPORT CITY COUNCIL MEETING • MAY 13, 2008 REPORT PREPARED BY: INTERIM DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JOHN STARK, INTERIM COMMUNITY ITEM FOR COUNCIL CONSIDERATION: Accept the Richfield Corridor Housing Initiative Development Guidelines. I. RECOMMENDED ACTION: By Motion: Accept the Richfield Corridor Housing Initiative Development Guidelines. II. BACKGROUND The City of Richfield was selected to participate in the Corridor Housing Initiative (CHI) process that was undertaken by Hennepin County. The purpose of CHI is to work with residents and developers to create development strategies that meet community desires while remaining financially feasible. In the case of Richfield's involvement, three specific sites were studied as a part of the CHI process: 76th Street and Lyndale Avenue 77th Street and Pleasant Avenue 72nd Street and Penn Avenue A total of eight community meetings were held in late 2007 and early 2008 with the • goal of creating development strategies for these sites. A set of Development Guidelines has been drafted for each of these sites based on the participation of community members, design consultants and developers. These Development Guidelines were presented to a joint Worksession of the Richfield City Council, Housing and Redevelopment Authority and Planning Commission on February 19, 051308 -CHI DEVELOPMENT DIRECTOR 2008 (see attached minutes). At that meeting, there was discussion regarding the guidelines and agreement that the guidelines accurately reflected the outcomes of the community meetings. In order to use the Development Guidelines as a tool for attracting and directing development for the areas in question, staff is requesting that they be formally accepted by the City Council. The Richfield HRA adopted a motion to accept the Design Guidelines at their April 21 meeting. The Planning Commission adopted a similar motion at their April 28 meeting. Specifically, the Planning Commission recommendation that the City Council accept the Design Guidelines with two modifications: • Remove the phrase "and mixed use" from the Penn and 72nd Street goal to: "Increase Housing and Mixed-Use Opportunities that Strengthens the Tax Base." • Remove guideline V, "Mixed retail, similar to 76th and Lyndale," from the Penn and 72nd Street development guidelines. The Planning Commission recommendation has been brought to the attention of Gretchen Nicholls, the coordinator of the CHI process. Ms. Nicholls will be in attendance to discuss the inclusion of these items in the draft Development Guidelines. • III. BASIS OF RECOMMENDATION A. POLICY • In early 2007, Hennepin County contracted with a team of nonprofit organizations to collaboratively undertake a public engagement process termed Corridor Housing Initiatives. • In August 2007, Richfield was chosen as one of the communities to participate in the CHI process -specifically related to three potential development sites. • On September 11, 2007 a joint Worksession of the City Council, HRA and Planning Commission was held to kick off the CHI process. • Between October 2007 and January 2008, eight community meetings were held to discuss the development possibilities and create development guidelines for each of the potential redevelopment areas. • On February 19, 2008 the draft Development Guidelines were presented to a joint Worksession of the City Council, HRA and Planning Commission • On April 21 the HRA adopted a motion to accept the Development Guidelines. • On April 28 the Planning Commission adopted a motion • recommending Acceptance of the Development Guidelines with two modifications (as noted above). B. CRITICAL ISSUES • In order use the Development Guidelines as a tool for attracting and directing development for the areas in question, staff is requesting that they be formally accepted by the HRA, City Council and Planning Commission. C. FINANCIAL • The CHI process was funded by Hennepin County. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • The proposed Development Guidelines contain recommendations for the inclusion of environmentally sound planning, design and building principles in each of the three potential development areas. IV. ALTERNATIVE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • Richfield Corridor Housing Initiative Development Guidelines. • Minutes from the February 19, 2008 combined Worksession of the City Council, HRA and Planning Commission. • Letter from Gretchen Nicholls VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gretchen Nicholls, Twin Cities LISC • f ~-! Richfield Corridor Housing Initiative: Development Guidelines February 12, 2008 Sites: 76th Street and Lyndale Avenue South 77th Streetand PleasantAvenue South 72nd Street and Penn Avenue South is-~- • Richfield 76th & Lyndale Development Guidelines The City of Richfield, Minnesota is located just south of Minneapolis, north of the Mall of America, and just east of the Minneapolis - St. Paul International Airport. Our community is home to approximately 34,500 residents, 872 businesses, including the Best Buy corporate headquarters, and the Wood Lake Nature Center. In 2007 the City of Richfield and Richfield Housing Redevelopment Authority identified 76th Street and Lyndale Avenue South as a development opportunity site. The City of Richfield worked with the Corridor Housing Initiative to create the 76th and Lyndale Avenue Development Site Information Sheet to inform its future development. ASSETS • The City of Richfield is • actively supportive of new developments that respond to these guidelines; • centrally located, with easy access to downtown Minneapolis, convenient freeway access, and the Minneapolis - St. Paul International Airport; • supported by an active, engaged business community, institutions, and residents; • home to the Best Buy corporate headquarters, and many retail hubs, as well as the Wood Lake Nature Center; • a proven partner for working effectively with developers to achieve development goals; and • immediately adjacent to planned Three Rivers Park District bicycle and pedestrian trails. • Richfield Development Guidelines IS~~ G U I DELI N ES: 76th Street and Lyndale Avenue South This site holds a stron mixed use otential, which mi ht include commercial or office and residen- g p g tial. The residential housing would offer ideal location for transit users. Young professional (first time home owners) and affordable senior housing was identified as needed housing options. Strengthen the Positive Identity of Richfield A. Incorporate design elements that help to enhance the visual appeal of the area through plantings, public art, ornamental lighting, and other interesting features (e.g. water fountain). B. Increase the scale and density to offer a more concentrated mix of uses and inten- sified development strategy. C. Buildings should be oriented to Lyndale Avenue and 76th Street. D. Incorporate landscaping and design features to soften the exterior (i.e. trees, win- dows) E. Emphasize pedestrian safety, cross-walks, benches, and traffic calming features Create Connections and Street Level Features • F. Consider opportunities for strengthening access and connections between new developments and other nearby amenities, such as trail systems, transit, retail areas, parks, and job centers. G. Create engaging pedestrian-friendly street level. Specifications might include: H. Total sidewalk widths should be designed to incorporate an unobstructed effec- tive walkway width with additional buffer widths to accommodate "shy distance" from any obstructions. [Further guidance on designing sidewalks can be found in the AASHTO's Guide for the Planning, Design, and Operation of Pedestrian Facili- tiesand the Institute of Transportation Engineers' Highway Capacity Manual.] I. On-street parking and parking behind the building, or underground for residential (provide adequate parking and consider ways to share or blend parking). J. Encourage alternative transportation by providing bike racks and an attractive bus stop K. Encourage features such as public art • Richfield Development Guidelines IS~~ Encoura eg Development at 76th Street & Lyndale Avenue South • L. Strong support for: ° Medium density (3 - 4 story) mixed use development, to include residential (for a variety of income levels), commercial retail on the street level and / or office space, ° Senior housing for low and moderate incomes; ° Housing that serves artisans, and includes art gallery /retail; ° Affordable housing for young professionals; ° Mix of housing sizes (efficiencies - 3 bedroom), and types (multi-generational housing); ° Entertainment (e.g. art gallery, small community theater). M. Explore option to expand the site to include east side of Garfield. ° A deeper site that includes the portion of Garfield and the parcels east of Gar- field would provide stronger development options. N. Recruit businesses that attract the surrounding community, and businesses that are locally owned. 0. Green /sustainable development, incorporating green technologies P. Attention to providing a diversity of housing options within the City (alternatives • for residents) CONTACT INFORMATION: City of Richfield Christine Costello, Community Development 6700 Portland Avenue Richfield, MN 55423 ccostel to@cityofrichfield.org www.ci.richfield.mn.us Richfield Development Guidelines is ~~ Richfield 77th & Pleasant Development Guidelines • The City of Richfield, Minnesota is located just south of Minneapolis, north of the Mall of America, and just east of the Minneapolis - St. Paul International Airport. Our community is home to approximately 34,500 residents, 872 businesses, including the Best Buy corporate headquarters, and the Wood Lake Nature Center. In 2007 the City of Richfield and Richfield Housing Redevelopment Authority identified 77th Street and Pleasant Avenue South as a development opportunity site. The City of Richfield worked with the Corridor Housing Initiative to create the 77th and Pleasant Development Site Information Sheet to inform its future development. ASSETS • The City of Richfield is • actively supportive of new developments that respond to these guidelines; • centrally located, with easy access to downtown Minneapolis, convenient freeway access, and the Minneapolis - St. Paul International Airport; • supported by an active, engaged business community, institutions, and residents; • home to the Best Buy corporate headquarters, and many retail hubs, as well as the Wood Lake Nature Center; • a proven partner for working effectively with developers to achieve development goals; and • immediately adjacent to planned Three Rivers Park District bicycle and pedestrian trailc • Richfield Development Guidelines ~~~ ~O GUIDELINES: 77th Street & Pleasant Avenue South This site holds a strong residential focus, consisting of low to medium density (2 - 3 story) housing. Affordable housing for low and middle income families and seniors should be considered for this area. Consideration for the railroad traffic and tracks will be important. Build Neighborhood Assets and Character A. Maintain, enhance & accentuate neighborhood green space that is functional. B. Create engaging pedestrian-friendly streetscapes, especially along 76th Street (opportunity to add sidewalks with the road reconstruction). Specifications might include: Private sidewalks should have a minimum effective walkway width of four feet and should have good visibility (for safety). C. Design for public safety, including "eyes on the street" D. Provide clearance for the railroad and maintain it as a clean corridor E. Consider opportunities to strengthen access and connections with amenities in the area (e.g. strengthen the connection to Lincoln Park). F. Include porches and garages, but minimize garage dominance; G. Preserve existing trees (understanding that they are likely to be damaged by envi- • ronmental clean-up) H. Provide set backs similar to rest of neighborhood Encourage Sustainable Development I. Promote sustainable building and site design. J. Install lighting with less energy consumption and light pollution consistent with public safety. K. Reduce impervious paving, minimize surface parking, and mitigate storm water runoff on site. L. Build new construction to last 100 years. • Richfield Development Guidelines / 5 - `1 Increase Housing and Mixed-Use Opportunities that Strengthens the Tax Base • M. Low -medium density residential mix (2 - 3 story height limit, gable roofs to fit into the neighborhood), that includes larger units with 2 - 3 bedrooms for families; N. Promote"life cycle" housing design to accommodate resident's changing spatial and physical needs throughout life (e.g. barrier-free design). 0. Explore alternative housing types including cooperatives, co-housing, accessory living units (e.g. carriage houses), and units designed for easy additions (e.g."grow homes"). P. Provide an array of housing types to accommodate different household sizes and incomes (low and moderate income families), and provides architectural diversity, that incorporates a mix of materials and facades Q. A mix of uses that might include residential, office, and services for local residents. CONTACT INFORMATION: City of Richfield Christine Costello, Community Development 6700 Portland Avenue Richfield, MN 55423 ccostel to@cityofrichfield.org www.ci.richfield.mn.us Richfield Development Guidelines ~5 -g Richfield 72"d& Penn Avenue South Development Guidelines • The City of Richfield, Minnesota is located just south of Minneapolis, north of the Mall of America, and just east of the Minneapolis - St. Paul International Airport. Our community is home to approximately 34,500 residents, 872 businesses, including the Best Buy corporate headquarters, and the Wood Lake Nature Center. In 2007 the City of Richfield and Richfield Housing Redevelopment Authority identified 72nd and Penn Avenue South as a development opportunity site. The City of Richfield worked with the Corridor Housing Initiative to create the 72nd and Penn Avenue Development Site Information Sheet to inform its future development. ASSETS • The City of Richfield is • actively supportive of new developments that respond to these guidelines; • centrally located, with easy access to downtown Minneapolis, convenient freeway access, and the Minneapolis - St. Paul International Airport; • supported by an active, engaged business community, institutions, and residents; • home to the Best Buy corporate headquarters, and many retail hubs, as well as the Wood Lake Nature Center; and • a proven partner for working effectively with developers to achieve development goals. ;,' .• .;n ~" 'h F-~ t~' i`~ .- ~n • Richfield Development Guidelines l S- 1 GUIDELINES: 72nd Street & Penn Avenue South This site holds a strong residential focus by community members, and there was interest in explor- ing new housing products that are not currently available in the area. Institutional options were also considered for compatibility with existing uses. Build Neighborhood Assets and Character A. Accentuate and enhance neighborhood green space. B. Respectful treatment of proximity to adjacent cemetery sites. C. Design for public safety, including "eyes on the street" (particularly on Penn Avenue, with high volume of traffic); D. Compliments single family residential context. E. Landscaping and walk up to blend the new units into the existing residential area (e.g. porches) - like a "gentle neighbor"to the surrounding neighborhood. F. Create engaging pedestrian-friendly streetscapes, especially along 72nd Street and Penn Avenue. Specifications might include: Private sidewalks should have a minimum effective walkway width of four feet. G. Consider traffic flow so that the site works well (i.e. channel traffic flow to 72nd Street, limit driveways that spill into Penn Avenue); H. Provide adequate parking so that it doesn't spill over onto the street. • I. Lighting considerations -reduce or limit night lighting so as not to impact surrounding residential area. J. Diminish potential for noise in the area. Encourage Sustainable Development K. Promote sustainable building and site design that is LEED certified; L. Encourage green /sustainable development -showcase the site using solar and current technologies to offset the carbon footprint; M. Install lighting with less energy consumption and light pollution consistent with public safety; N. Reduce impervious paving, minimize surface parking, and mitigate storm water runoff on site; O. Build new construction to last 100 years; P. Site is near transit -support alternative transportation (bus shelter would be nice, bike racks, etc.). • Richfield Development Guidelines I5-Icy ,Increase Housing and Mixed-Use Opportunities that Strengthens the Tax Base Q. Low to medium density housing (2 - 3 stories) that is well designed. R. Offer a unique housing product to provide greater housing choice in Richfield (i.e. luxury housing, affordable 2 - 3 bedroom units, Higher quality rental housing - 2 ~/z story walk-ups, etc.). ° Richfield has many smaller housing units and apartments -should consider a greater array of housing types to broaden options for residents. S. Support for residential options that: ° Create a mix of low income and market rate housing, ° Provide housing that attracts and retains families, ° Accommodates different household sizes and incomes, ° Senior housing (55+) that is not tower or hi-rise, ° Supportive housing. T. Preference for single family residential, and ownership over rental; U. Rental properties must include strong property management; V. Mixed retail, similar to 76th and Lyndale * Alternative uses may include another cemetery (non-denominational). • Community Feedback onMixed-Use: Residential and Institutional Use (School /Resource Center) • Concern expressed over: ° Additional tax exempt properties -diminished tax base ° Repetition of services -already have service centers elsewhere ° Number of schools in the area ° Safety for students and residents ° Too many elements included in the site (preference for the school and residen- tialfacility without the resource center - or integrating the resource center into the school) • Security cameras may help to promote safety • Combine community center into school (so that both are not operating at same time) • Define school bus routes (e.g. 71 ~/z Street) • Identify where playground, sports fields for the school would be located CONTACT INFORMATION: City of Richfield Christine Costello, Community Development • 6700 Portland Avenue Richfield, MN 55423 ccostel to@cityofrichfield.org www.ci.richfield.mn.us Richfield Development Guidelines l 5 - l l! u r~ SPECIAL CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY/PLANNING COMMISSION WORKSESSION MINUTES Richfield, Minnesota Special Worksession of City Council/HRA/Planning Commission February 19, 2008 (extract) CALL TO ORDER The meeting was called to order by Mayor Goettel at 5:30 p.m. • • ROLL CALL Council Members Present: Debbie Goettel, Mayor; Susan Rosenberg; Sue Sandahl; Fred Wroge; and Bill Kilian. HRA Members Present: Sue Sandahl, Chair; Martin Kirsch; Joan Helmberger; David Gepner (arrived 5:45 p.m.); and Doris Rubenstein. Planning Commission Members Present: Gordon Hanson, Chair; Catherine Peloquin; Maureen Scaglia; and Rick Jabs. Staff Present: Steven L. Devich, City Manager; John Stark, Interim Community Development Director; Karen Barton, Community Development Manager; and Cheryl Krumholz, Recording Secretary. Item #1 DISCUSSION WITH CORRIDOR HOUSING INITIATIVE REGARDING DRAFT DEVELOPMENT GUIDELINES NO. 33/HRA MEMO NO. 5) Interim Community Development Director Stark stated the City of Richfield was selected to participate in the Corridor Housing Initiative (CHI) process that was undertaken by Hennepin ~~ Special Worksession Minutes -2- February 19, 2008 • County. The purpose of CHI is to work with residents and developers to create development strategies that meet community desires while remaining financially feasible. In the case of Richfield's involvement, three specific sites were studied as part of the CHI process: • 76th Street and Lyndale Avenue • 77th Street and Pleasant Avenue • 72nd Street and Penn Avenue A total of eight community meetings have been held during the past several months with the goal of creating development strategies for these sites. A set of Development Guidelines has now been drafted for each of these sites based on the participation of community members, design consultants and developers. Interim Community Development Director Stark continued that the three sites were selected because either development was City-controlled (77th Street/Pleasant Avenue is the current garage site) or developer interest (76th Street/Lyndale Avenue and 72nd Street/Penn Avenue.) Gretchen Nicholls, CHl representative, discussed the Development Guidelines for each site, including development options providing opportunities and challenges. Community testimony was invited and provided by: • Tom Madsen, 7026 Morgan Avenue, spoke in support of the CHI process. • Camillo DeSantis, 6508 Newton Avenue, spoke in support of the CHI process. • Lisa LaDue, Partnership Academy representative, spoke in support of the CHI process as a potential developer of one of the sites. Barbara Raye, CHI representative, stated the majority of the participants would recommend the process be used again. Elected officials guide the community but the process provided a sharing of ideas and concerns from residents. Council Member Wroge stated he was impressed with the process and it appears the outcome is agreement of the potential development of two of the three sites. The neighborhood appears concerned with the proposed development of the 72nd Street and Penn Avenue site, including too much being on the site and the discussion of having tax incremented financing (TIF) assistance when this is green space. Council Member Wroge continued that a conscientious, good decision on development needs to be made with the reality being that sometimes you can't have what you want. HRA Commissioner Rubenstein stated she agreed with Council Member Wroge's comments, including concerns regarding TIF use. She said the summaries of previous meetings by CHI were accurate. Planning Commission Member Hanson suggested the process be framed so some ideas are more realistic. HRA Commissioner Kirsch spoke in support of the process and that it was a good demonstration of the difficult decisions made by the City Council and HRA. Mayor Goettel spoke of being an affordable housing advocate, inclusionary zoning and the need for "move-up" housing. 15-13 Special Worksession Minutes -3- February 19, 2008 • Council Member Wroge stated the City Council is elected to represent the people, not to do their own thing. He added that it appears the process contradicted what the neighborhood wanted. Ms. Nicholls stated that CHI does not control or promote the sites but rather facilitates dialogue as a neutral party. She added that there was confusion with the 72nd Street and Penn Avenue site because a development proposal was underway at the same time. Council Member Kilian stated that Richfield is a planning community. What gets on a site is what somebody is willing to build there with the potential of great disappointment for some. Ms. Nicholls said what the neighborhood wants, as well as the broader constituency, needs to be considered. Interim Community Development Director Stark stated that City staff provided information as requested but took a backseat because this was a community driven process. • 1~-r~ Dear Mr. Stark, Thank you for the opportunity to respond to concerns expressed by some of the Richfield Planning Commissioners regarding the final report of the Richfield Corridor Housing Initiative Development Guidelines. Specifically, the 72"d and Penn Avenue site, which was previously part of the B'nai Abram Cemetery, now owned by Project for Pride in Living. The Commissioners that were in attendance at the 72"d and Penn workshops felt that the final report might not accurately reflect the views of the participants. The final report that was submitted to the Richfield HRA, City Council and Planning Commission is our good faith and best effort at providing an accurate summation of the community input that was gathered during the Corridor Housing Initiative process, lasting from October 2007 -January 2008. The report is advisory, and informs any subsequent decisions regarding future development of the sites. That being said, the findings are a reflection of the thinking and feelings of the time and context of the process. Most assuredly markets change, values change, and community development priorities and opportunities take different directions over time. I submit the following points of information on behalf of the Corridor Housing Initiative process: A. The final recommendations are arrived at through a consensus process. Items can be added, edited or removed through consensus of the group during the fourth workshop. At both the 72"d and Penn Avenue third workshop (panel discussion) and fourth workshop where the recommendations were agreed upon, there was discussion about the option for mixed use on the site. Not everyone felt it was the preferred development goal, but there was not consensus to strike it from the list of options. The mixed use consideration, however, was of the small, neighborhood scale and something that would complement the life of people living in surrounding area. C. We do acknowledge that the discussion about 72nd and Penn Avenue was confusing given that the owner sold the site to a developer in the middle of our process. The new owner (Project for Pride in Living), in collaboration with Partnership Academy, was exploring a mixed use (albeit educational and not commercial mixed uses) development concept. The CHI process provided a forum to gather community perspectives on the initial proposal presented by PPL and Partnership Academy, while also offering more general input about the site. By having an invested developer at the table, the CHI process worked to be transparent with • information about the current status of the site, which clearly influenced the ideas of what was possible or what seemed likely to happen on the site. The component of this proposal that appeared to raise the most concern was the learning center-not because of its commercial/mixed-use nature, but around issues of duplication of existing community resources, the impact on a commitment to integration rather than isolation of those who might live on the site, and traffic flow if the learning center was open to the public. The recommendations were reviewed at the fourth 72"d and Penn Avenue community workshop on January 16, 2008, and were presented at the joint study session of the Richfield HRA, City Council, and Planning Commission on February 19, 2008. Participants in the process spoke directly to the fact that they believe the process and the notes/reports did represent the content of the meetings they attended. Both of these forums offered the opportunity to raise the issues that were raised by the Planning Commissioners at their April 28, 2008. Our objective through the Corridor Housing Initiative was to assist the City and community of Richfield to assess the sites through the lens of community values, design, the developers' expertise, and the broad brush strokes of a market analysis. The surrounding context of each site was emphasized, and consideration was given to current land values and construction costs. Issues of access and destination were relevant for commercial uses. Issues of design and density were relevant for residential uses. And community needs and assets were relevant in consideration of community services. We value the perspective of all who participated in the Richfield Corridor Housing Initiative process, and hope that the City finds value in the information gathered about the three sites. We hope that the City was able to witness a broad range of community interests and perspectives that might otherwise be forgotten. These competing and complimentary interests will continue to shape and reveal the future of Richfield. We also trust that City officials will take the report as it was intended -advisory in nature, collaborative in tone, and open to use as appropriate in an ever-changing environment. Thank you again for the opportunity to work with you to explore these important questions. All the best, Gretchen Nicholls Program Officer, Twin Cities LISC Corridor Housing Initiative