04-28-09 PacketCITY OF RICHFIELD, MINNESOTA
TUESDAY, APRIL 28, 2009
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SPECIAL CITY COUNCIL WORKSESSON
CITY COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
1. Preliminary presentation by Project for Pride in Living regarding proposed housing
development at 7440 Penn Avenue (Council Memo No. 65)
Notes:
2. Discussion regarding water conservation rate structure (Council Memo No. 66)
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda:
Individuals who wish to address the Council must have registered prior to the meeting,
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of April 9, 2009; (2) Special
Concurrent City Council and Richfield School Board Worksession of April 14, 2009;.(3)
Regular City Council Meeting of April 14, 2009; and (4) Special City Council Worksession
of April 14, 2009
PRESENTATION
1. Presentation by Hennepin County Attorney Mike Freeman
COUNCIL DISCUSSION
2. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
3. Council approval of agenda -
CONSENT CALENDAR
4. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed. on the Consent Calendar are recommended for approval.
A. Consideration of approval of continuation of public hearing and second reading to
May 12, 2009 of transitory ordinance. authorizing planning, design and construction
of renovation of Lincoln Athletic Complex S.R. No. 89
B. Consideration of approval of first reading of transitory ordinance authorizing
upgrade or replacement of HVAC, lighting and refrigeration equipment at Richfield
Ice Arena and scheduling public hearing and second reading for May 26, 2009
S.R. No. 90
C. Consideration of approval of resolution accepting $66,331 grant from U.S.
Department of Homeland Security/Federal Emergency Management Agency,
Assistance to Firefighters Grant for purchase of lap top computers and Automatic
Vehicle Locators for Fire Department response vehicles S.R. No. 91
D. Consideration of approval of resolution-affirming and ratifying submittal of
applications to Hennepin County for Environmental Response Fund Grant for
environmental assessment work at 211 76th Street West, 7500 Penn Avenue, 6401
Lyndale Avenue and 521 64th Street West S.R. No. 92
Notes:
5. Consideration of items, if any, removed from Consent Calendar
Notes:
PROPOSED ORDINANCES
6. Consideration of second reading of ordinance repealing development moratorium
currently in place in Penn Avenue Corridor
Staff Report No. 93 _
Notes:
7. Consideration of second reading of diseased tree removal ordinance amending
Richfield City Code Section 910, Subsection 910.15 and alternative policy for diseased
boulevard tree removal
Staff Report No. 94
Notes:
OTHER BUSINESS
8. Consideration of award of contract to North Star Tree Care for diseased tree removal
from private property in 2009 for amount of $110,189
Staff Report No. 95
Notes:
CITY MANAGER'S REPORT
9. City Manager's report
Notes:
10. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:.
11. 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.
rtchrield: May LUUy
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
April 23, 2009
Council Memorandum No. 65
The Honorable Mayor
and
Members of the City Council
Subject: Housing Proposal for 7440 Penn Avenue
(Worksession Agenda Item No. 1)
Council Members:
The nonprofit housing developer Project for Pride in Living (PPL) is considering the
development of a rental housing project at 7440 Penn Avenue. This site is currently
undeveloped property owned by Independent School District (ISD) 287.
The site originally housed the Lincoln Hills School. As the Richfield School District's
needs-for educational facilities changed, they sold the site to ISD 287 who, in-turn,
demolished the old school and built a nevv facility. After construction, however, a 1.7
acre portion of the site remains undeveloped.
PPL is considering purchase of this site from ISD 287 for the construction of 45-55 units
of affordable rental housing. This housing density (housing units per acre) is similar to
other multi-family developments that have occurred in Richfield in the past ten years.
The subject property is surrounded by institutional uses, duplexes and multi-family
residential on all four sides.
In order to develop the site for multi-family housing, PPL would need to petition for a
change in Comprehensive Plan designation (from "public/quasi-public" to "high density
residential") and fora rezoning (from "R-Residential" to "MR3-High Density
Residential"). Before expending great deals of time and money on preparing an
application, PPL requested an opportunity to present their proposal to the City Council
iri order to get preliminary input from the Council and discern localsupport for their
proposal
PPL will provide the City Council with a preliminary presentation of their concept plan at
the April 28, 2009 Worksession.
SLD:cak
Email: Department Directors
Assistant to the City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
April 23, 2009
Council Memorandum No. 66
The Honorable Mayor
and
Members of the City Council
Subject: Conservation Rate Structure
(Worksession Agenda Item No: 2)
Council Members:
The Department of Natural Resources is requiring all water supply systems serving
more than 1,000 residents adopt a Conservation Rate Structure. This topic will be
discussed at the Special Council Worksession on April 28, 2009. An information sheet
regard the new proposed rate structure is attached for your review.
:ttu submitte
L. De ch
City
SLD:cak
Attachment
Email: Department Directors
Assistant to the City Manager
Dear Public Water Supplier:
RE: WATER CONSERVATION RATE REQUIREMENT
Department of Natural Resources. (DNR) records indicate that RICHFIELD, CITY OF
has a water supply system that serves more than 1,000 residents. This letter is intended to inform you of
the 2008 amendment of Minnesota Statutes, section 103G.291, that requires all public water suppliers
serving more than 1,000 people to adopt a conservation rate struchire:
subd. 4. Conservation rate structure required. (a) For the purposes of this section, "conservation rate
structure" means a rate structure that encourages conservation and may include increasing block rates, seasonal
rates, time of use rates, individualized goal rates, or excess use rates. The rate structure must consider each
residential unit as an individual user in multiple-family dwellings.
(b) To encourage conservation, a public water supplier serving more than 1,000 people in the met~•opolitan
area, as defined in section 473.121, subdivision 2, shall use a conservation rate structure by January 1, 2010. Al]
remaining public water suppliers serving more than 1,000 people shall use a conservation rate structure by
January 1, 2013.
(c) A public water.supplier without the proper measuring equipment to track the amount of water used by its
users, as of the effective date of this act, is exempt from this subdivision and the conservation rate structure
requirement under subdivision 3, paragraph (c).
In addition, Minnesota Statues, section 103G.291, was further amended (underlined portion) to read:
Subd. 3. Water supply plans; demand rednction. (c) Public water suppliers serving more than 1,000 people
must employ water use demand reduction measures, including a conservation rate struchire, as defined in
subdivision 4 paragraph (a) unless exempted under subdivision 4 paragraph (cl before requesting approval
from the commissioner of health under section 144383, paragraph (a), to construct a public water supply well
or requesting an increase in the authorized volume of appropriation. Demand reduction measures must include
evaluation of conservation rate structures and a public education program that may include a toilet and
showerhead retrofit program. ~ -
Therefore, effective immediately, public water suppliers serving more than 1,000 residents will need to
adopt a conservation rafe striictiire before requesting well construction approval for a public water supply
well or before requesting mr increase in permitted volume for their water appropriation permit.
A conservation rate is defined as one that encourages conservation such as an increasing block rate,
seasonal rate, time of use rate, individualized goal rate, or excess use rate. These conservation rate
structures are described on the DNR web page at:
ftles.dnr.state.mn.us/waters/waterrngmt_section/appropriations/conservation rate structures.pdf
Please note that rates that include a basic block volume that exceeds the average household use for the
community will not be considered a conservation rate. Suppliers will need to statistically justify their
block structure.
If you have any questions, please feel free to contact Toe Richter at (651) 259-5703,
ioe.richter ct,dnrstate.mn.us or the Area Hydrologist for the county in which your community is located:
files. dnr.state.mn. us/tivaters/area_hydros.pdf.
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
April 9, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:30 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Tom Fitzhenry; and Sue Sandahl.
Members Absent: Fred Wroge. (excused)
Staff Present: Steven Devich, City Manager; Jim Topitzhofer, Recreation Services Director;
Pam Dmytrenko, Assistant to the City Manager; and Cheryl Krumholz,
Recording Secretary.
Item # I PRESENTATION BY WOLD ARCHITECTS OF PROPOSED SCHEMATIC DESIGN
FOR NEW POLICE/FIRE/CITY HALL FACILITY
WOLD Architects and Engineers presented the proposed schematic design concept for the
new Police/Fire/City Hall facility. Discussion included guiding principles; site forces; site phasing and
objectives; parking requirements; energy conservation, assets and paybacks; emergency
preparedness; and building expandability and maintenance.
Another City Council Worksession will be scheduled to discuss the design details and
functions for the Council Chambers.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:30 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Concurrent City Council/
Richfield School Board Worksession
April 14, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:34 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue
Sandahl.
Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Bill Fillmore, Municipal Liquor
Operations Director; Barry Fritz, Public Works Director; Jim Topitzhofer,
Recreation Services Director; Brad Sveum, Fire Services Director; Chris
Regis, Finance Manager; Frank White, Recreation Programs/Athletics
Manager; Karen Shragg, Wood Lake Nature Center Manager; Pam
Dmytrenko, Assistant to the City Manager; and Cheryl Krumholz, Recording
Secretary.
Item # I DISCUSSION REGARDING CITY AND SCHOOL DISTRICT
ACTIVITIES/INITIATIVES
A. City's Foreclosure Programs
Community Development Director Stark reported on the current programs to address home
foreclosures in Richfield.
B. Gang activity prevention on weekends and weeknights
Public Safety Director Fritz reported on partnerships in place to address gang activity, which is
primarily through enforcement and intelligence with the Metro Gang Strike Force, but
prevention efforts are preferred.
C. Fort Snelling 9 Hole Golf Course development partnering with Minneapolis
Board Member Flood suggested the City Council consider purchasing the golf course.
Mayor Goettel explained the City Council previously discussed the golf course and decided that
due to its substantial disrepair it was not financially feasible.
Recreation Services Director Topitzhofer added there would be the initial investment to
upgrade as well as the 30 year lease that the Minneapolis Park Board is unwilling to relinquish
without significant compensation for the polo grounds.
Special Worksession Minutes -2- April 14, 2009
City Manager Devich reviewed the history of this matter when Rich Acres Golf Course was lost.
D. School District Athletic Department and City partner to improve athletic facility use
Recreation Services Director Topitzhofer discussed the current partnering efforts between the
City and School District, including a new cross-country ski team program.
Council Member Wroge suggested the City Council and School Board review the current joint
facilities agreement.
E. Police/Fire/City Hall facility update
Assistant to the City Manager Dmytrenko reported on the progress of the construction of the
new facility.
F. Safe Routes to School
Public Works Director Eastling reported on the collaborative efforts related to this initiative.
Michael Schwartz, School District Business Manager, discussed traffic and safety issues
related to parents' school drop-offs at the Middle School due to the Metropolitan Council
Interceptor Project. He requested the project be completed by August 15 so there is no conflict
with the school year.
Public Works Director Eastling stated the City just learned the Metropolitan Council project has
been delayed one year because the plans to go to bid are not completed.
G. Urban Wildland Half Marathon & 5K
Wood Lake Nature Center Manager Shragg made a presentation regarding the race.
Superintendent Slotterback discussed the school district's efforts to address the perception of
the school.
Superintendent Slotterback suggested the City Council and School Board meet twice a year.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:50 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 14, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Barry Fritz, Public Safety
Director; Jim Topitzhofer, Recreation Services Director; Corrine Heine, City
Attorney; and Cheryl Krumholz, Recording Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Wroge, S/Sandahl to approve the minutes of (1) Special City Council Meeting of March
23, 2009; and (2) Regular City Council Meeting of March 24, 2009.
Motion carried 5-0.
Council Meeting Minutes -2-
April 14, 2009
Item #1 PRESENTATION BY UNITED STATES FIFTH CONGRESSIONAL DISTRICT
REPRESENTATIVE ELLISON
United States Fifth Congressional District Representative Keith Ellison reported on
legislative activities.
Item #2 PRESENTATION BY HENNEPIN COUNTY SHERIFF RICHARD W. STANEK
Hennepin County Sheriff Richard W. Stanek reported on happenings at the Sheriff's Office,
in particular the collaboration on projects with the Richfield Police Department.
Item #3 ANNUAL MEETING WITH CHARTER COMMISSION
Martin Kirsch, Charter Commission Chair, 6725 Penn Avenue, provided a report on the
Commission's activities and goals.
Item #4 PRESENTATION OF PROCLAMATION DESIGNATING EARTH DAY IN
RICHFIELD
Mayor Goettel presented to Recreation Services Director Topitzhofer a proclamation
designating Earth Day in Richfield.
Item #5 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Elliott commended the City Council and School Board on the excellent
communication at the earlier worksession.
Council Member Wroge congratulated the businesses who recently passed a Public Safety
compliance check. This was the first time all businesses checked passed.
Council Member Wroge discussed his concerns regarding the Richfield Sun Current
newspaper discontinuing free bulk delivery to high density living units, instead requiring each unit
to have a paid subscription if they wish to receive it. Free delivery is still provided to single family
residences.
The City Council consensus was to direct the City Manager to contact the Sun corporate
office to discuss reaching a compromise in delivery options or have the City consider an alternative
newspaper for publishing public legal notices.
Council Meeting Minutes -3- April 14, 2009
Mayor Goettel announced the upcoming Friends of Wood Lake (FOWL) dinner.
City Manager Devich reported, as requested, on the City's efforts in receiving federal
stimulus grant funds, including for law enforcement, fire, transportation, and energy improvements.
Council Member Sandahl announced the 35W/62 interchange construction public meeting
on April 28.
Council Member Fitzhenry reported on new technology to track airplane flight paths and
runway construction work to begin in August.
Force.
Council Member Fitzhenry reported on the first meeting of the Property Excellence Task
Item #6 COUNCIL APPROVAL OF AGENDA
Mayor Goettel added Agenda Item #12B -Consideration of making a staff appointment to
the I-494 Corridor Commission due to the recent retirement of City Transportation Engineer Tom
Foley.
M/Sandahl, S/Elliott to approve the agenda as amended.
Motion carried 5-0.
Item #7 CONSENT CALENDAR
A. Consideration of approval of purchase of Maenke Brothers Outdoor, Inc. services for
landscaping maintenance of 77th Street and LHN maintenance districts and 35W and 66th
Street bridge area for total cost of $41,987.24 S.R. No. 79
B. Consideration of approval of agreement with Harris Mechanical Service, Inc. to conduct
technical study for Richfield Ice Arena S.R No. 80
C. Consideration of approval of contract with Busch Architects for schematic design, design
development and construction documents for renovation of Lincoln Athletic Complex in
amount not to exceed $71,500 S.R. No. 81
D. Consideration of approval of transfer of funds in amount of $54,179 from Airport Noise
Acquisition Program Fund for costs related to relocation, acquisition and demolition of
property located at 6645-17th Avenue S.R. No. 82
E. Consideration of approval of purchase of two Ford F350 trucks with dump box and sander
consisting of:
• Two Ford F350 cab and chassis from Elk River Ford for $44,806.77;
• Magnum Aluminum Contractor Body from Midland Equipment Co. for $21,425;
• Two V-box salt spreaders and one Blizzard plow from Stonebrooke Equipment, Inc. for
$18,413.85; and
• One Western snow plow from Aspen Equipment for $5,242.21
for use by Park Maintenance Division in total amount of $89,887.83 S.R. No. 83
F. Consideration of approval of change order to Gundlach Champion for credit (deduct) of
$5,251 for new Maintenance Facility S.R. No. 84
M/Sandahl, S/Wroge to approve the Consent Calendar.
Council Meeting Minutes -4-
Motion carried 5-0.
April 14, 2009
Item #8 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
Item #9 PUBLIC HEARING REGARDING SECOND READING OF TRANSITORY
ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS
FROM SPECIAL REVENUE FUND S.R. NO. 85
Council Member Wroge presented Staff Report No. 85.
M/Wroge, S/Goettel to close public hearing.
Motion carried 5-0.
M/Wroge, S/Sandahl that this constitutes the second reading of Bill No. 2009-8, Transitory
Ordinance No. 18.64 providing funding for certain capital improvements from Special Revenue
Fund that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 5-0.
Item #10 CONSIDERATION OF FIRST READING OF DISEASED TREE REMOVAL
ORDINANCE AMENDING RICHFIELD CITY CODE SECTION 910, SUBSECTION
910.15 AND SCHEDULING SECOND READING FOR APRIL 28, 2009 S.R. NO. 86
Council Member Sandahl presented Staff Report No. 86.
M/Sandahl, S/Goettel to approve the first reading of diseased tree removal ordinance
amending Richfield City Code Section 910, Subsection 910.15 and scheduling second reading for
April 28, 2009.
Council Member Wroge discussed his concerns regarding the reference in the ordinance to
the Commissioner of Agriculture's guideline.
Public Works Director Eastling explained the State no longer requires the 20 day limit.
Council Member Wroge said he would make a motion to not move forward on this
ordinance because the Commissioner's guideline is unclear.
Council Member Wroge discussed his concerns about having no limit on the Dutch Elm
disease (DED) tree removal because it could increase the spread of the disease. He reviewed the
information provided on forestry operations in other cities.
Council Meeting Minutes -5- April 14, 2009
Council Member Wroge questioned staff duties during the winter season if tree
maintenance is up to date.
Public Works Director Eastling explained the staffing level and duties.
Council Member Fitzhenry asked about the maximum time limit on tree removal and
enforcement.
Public Works Director Eastling explained the active and dormant times of the DED beetle
and the related marking of the trees and their removal, including the stump.
Council Member Sandahl stated the ordinance permits the Public Works Department to
abate the nuisances and if the timeline is removed from the ordinance, a policy can be established
in its place.
Mayor Goettel questioned the enforcement of a policy.
City Attorney Heine explained the ordinance does allow a time period set by the Public.
Works Department. She added that enforcement should be reasonable and relatively consistent to
the circumstances.
Motion carried 4-1. (Wroge oppose)
Item #11 CONSIDERATION OF-FIRST READING OF ORDINANCE REPEALING
RICHFIELD ORDINANCE NO. 2008-19 REGARDING CURRENT PENN AVENUE
CORRIDOR MORATORIUM AND SCHEDULING SECOND READING FOR APRIL
28, 2009 AND RESOLUTION AUTHORIZING STAFF TO BEGIN ACCEPTING
DEVELOPMENT APPLICATIONS FOR PROPERTIES WITHIN PENN AVENUE
CORRIDOR MORATORIUM AREA BETWEEN HIGHWAY 62 AND 68TH STREET
S.R. NO. 87
Council Member Elliott presented Staff Report No. 87.
M/Elliott, S/Goettel to approve first reading of ordinance repealing Richfield Ordinance No.
2008-19 regarding current Penn Avenue Corridor moratorium and scheduling second reading for
April 28 2009 and that the following resolution be adopted and that the following resolution be
adopted and that it be made part of these minutes:
RESOLUTION NO. 10235
A RESOLUTION CONCERNING THE MORATORIUM ON
DEVELOPMENT WITHIN THE PENN AVENUE CORRIDOR
BETWEEN HIGHWAY 62 AND 68TH STREET
Motion carried 5-0. This resolution appears as Resolution No. 10235.
Item #12 CONSIDERATION OF PROPOSED SCHEMATIC DESIGN CONCEPT FOR NEW
POLICE/FIRE/CITY HALL FACILITY S.R. NO. 88
Council Meeting Minutes -6- April 14, 2009
Council Member Fitzhenry presented Staff Report No. 88.
Mike Klass, Wold Architects and Engineers, presented the proposed schematic design
concept for the new Police/Fire/City Hall facility.
Council Member Wroge stated he did not support taking out the tennis courts to make long-
term parking space because it is not keeping a promise to the neighborhood to minimize parking.
Parking during construction would be acceptable.
Council Member Elliott agreed with Council Member Wroge, adding that he endorsed the
site lines but there needs to be a balance and preservation of the tennis court amenities.
Council Member Sandahl questioned the public space to accommodate other meetings in
the Council Chambers.
Mr. Klass explained the next step in the process is layout and function.
M/Fitzhenry, S/Sandahl to approve the proposed schematic design concept for new
Police/Fire/City Hall facility.
Motion carried 5-0.
Item #12B CONSIDERATION OF MAKING A STAFF APPOINTMENT TO THE I-494
CORRIDOR COMMISSION DUE TO THE RECENT RETIREMENT OF CITY
TRANSPORTATION ENGINEER TOM FOLEY
M/Goettel, S/Sandahl to appoint Kristin Asher as staff liaison to the I-494 Corridor
Commission due to the recent retirement of City Transportation Engineer Tom Foley.
Motion carried 5-0.
Item #13 CITY MANAGER'S REPORT
City Manager Devich reported on the following items:
• Annual Citizen of the Year award
• Delay of the Metropolitan Council's Interceptor Project
• Funding for Richfield Parkway and 77th Street underpass
Public Works Director Eastling discussed the options for traffic control at the intersection of
64th Street/16th Avenue to address traffic through the neighborhood due to Cedar Point.
The City Council consensus was to have staff discuss the options with the neighborhood.
Mayor Goettel discussed the attendance and quorum issues for some advisory
commissions.
Public Works Director Eastling discussed the ownership of the road around Taft Park.
Council Meeting Minutes -7- April 14, 2009
Item #14 CLAIMS AND PAYROLL
M/Sandahl, S/Wroge that the following claims and payrolls be approved:
U.S. BANK 04-14-09
A/P Checks: 184753 - 185198
PAYROLL 56843 - 57164, 41416
$ 3,461,271.56
$ 536,033.01
TOTAL
Motion carried 5-0.
OPEN FORUM
None.
$ 3,997,304.57
The City Council meeting was adjourned by unanimous consent at 9:05 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
J
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
April 14, 2009
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 9:14 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue
Sandahl.
Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; John
Stark, Community Development Director; Corinne Heine, City Attorney; and
Cheryl Krumholz, Recording Secretary.
Item # I DISCUSSION REGARDING VELMEIR COMPANIES/CVS PROPOSAL FOR 6528
PENN AVENUE (COUNCIL MEMO NO. 57)
Community Development Director Stark explained that the Velmeir Companies (acting as
developers for CVS) has requested that their request for an exception from the Penn Avenue
moratorium be continued to a later date. Velmeir has withdrawn this request upon the rescinding of
the moratorium ordinance at the April 14, 2009 City Council Meeting. It is Velmeir's further intent to
apply for a Planned United Development (PUD) approval on the site. The representatives of Velmeir,
however, wish to determine whether there is sufficient support from the City Council to warrant their
expenditure of time and funds before submitting the PUD application.
Peter Coyle, Larkin & Hoffman representing Velmeir, stated general City Council guidance is
sought so if the PUD proceeds there are no surprises with the building footprints and layout.
Community Development Director Stark stated staff suggested changes to Velmeir to have
the CVS site plan to more closely meet the Penn Avenue Corridor guidelines but the CVS corporate
office was unwilling to make the changes. Changes to the staircase on Penn Avenue/66th Street
would be a tax increment financing (TIF) expense, not a Velmeir expense.
Council Member Fitzhenry asked about utility moving costs and the amount of new taxes
generated.
Community Development Director Stark replied the Hennepin County Assessor's last estimate
is a net gain of $9500 a year in City property tax.
The property owner said they have retained the right to install a roof sign but acknowledged
the City aesthetically may not want it.
The Velmeir representative stated the estimated cost of $200,000 - 250,000 to demolish and
move the retaining wall and move utilities would be a cost to the City. Removing the electrical pole is
not included in the site plan.
Special Worksession Minutes -2- April 14, 2009
Mayor Goettel stated this does not appear to be a financially practical project for the City.
Council Member Elliott said the area is not pedestrian friendly now so the City can wait on
improving the area or have it done with the CVS building site. He added that he is more likely to
receive calls endorsing than against the CVS project.
Community Development Director Stark discussed the pedestrian access being street level or
up in the development site.
Council Member Sandahl discussed parking requirements and green space.
The Velmeir representative stated that 62 parking stalls are required by CVS. He continued
that CVS may be willing to consider participating in utility and wall relocation costs.
Community Development Director Stark explained the HRA budget included substantial
funding for streetscape improvements in the Penn Avenue Corridor. The PUD would be for the entire
site if it is not subdivided.
The Velmeir representative stated the site will be subdivided with ARC Value Village.
Mayor Goettel expressed concern about starting the Penn Avenue revitalization .correctly.
Council Member Fitzhenry discussed his concerns regarding recovering the City's utility and
retaining wall relocation costs through taxes and the loss of local businesses.
Council Member Elliott expressed concern regarding site line safety with a zero setback.
City Manager Devich stated, ultimately, a decision on the CVS project is the City Council's.
Staff's responsibility is to follow the corridor guidelines unless the City Council approves a different
approach.
Council Member Sandahl recognized the guiding principles of the corridor but that the
proposed development is an improvement. Her preferences were wider sidewalks, moving the
retaining wall back from the street, and more green space but not at the City's expense.
Mayor Goettel stated the project is not ideal and that CVS should consider paying the costs to
move the retaining wall.
David Gepner, Penn Avenue Corridor task force member, stated he hoped a compromise
could be reached with CVS making more concessions to meet what the community had in mind for
the area.
Council Member Wroge stated the CVS project is a vast improvement and a plan needs to be
created to move the retaining wall with a streetside, not elevated, sidewalk.
ADJOURNMENT
The meeting was adjourned by unanimous .consent at 10:15 p.m.
Date Approved:
Cheryl Krumholz
Recording Secretary
Debbie Goettel
Mayor
Steven L. Devich
City Manager
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~- STAFF REPORT
CITY COUNCIL MEETING
APRIL 28, 2009
CONSENT
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION
SERVICES DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Continuation of the April 28, 2009 public hearing and second reading of a transitory ordinance
authorizing the planning, design and construction of the renovation of Lincoln Athletic
Com lex, and reschedulin the ublic and second readin to Ma 12, 2009.
I. RECOMMENDED ACTION:
By Motion: Continuation of the April 28, 2009 public hearing and
second reading of the second .reading of a transitory ordinance
authorizing the planning, design and construction of the renovation
of Lincoln Athletic Complex, and reschedule the public hearing and
second reading to Mav 12, 2009.
An error was made on the timing of notices required to be published for the public
hearing scheduled for April 28, 2009 for the second reading of a transitory
ordinance authorizing the planning, design and construction of the renovation of
Lincoln Athletic Complex. To comply with Section 8.05 of the City Charter, notice of
the public hearing was required to be published. twice in the Sun Current 14 days
prior to the hearing. To comply with the Charter, the public hearing needs to be
rescheduled so that two notices can be sent within 14 days of the public hearing. If
the Council approves rescheduling the public hearing to May 12, 2009, notice for
the public hearing will be published on April 30, 2009 and May 7, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
0428 Postpone Public Hearing for Lincoln Renovation Project
Pursuant to Section 8.04 of the City Charter, the project will require
approval of a transitory ordinance because the estimated design costs
exceeds $75,000 and the estimated construction 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 the renovation of Lincoln Athletic Complex will be rescheduled for
May 12, 2009.
B. CRITICAL ISSUES
• The proposed facility is designed as amulti-purpose facility which
serves both boys and girls. Planning Team closely evaluated the
needs for both genders and incorporated applicable features and
amenities to insure gender equity.
• In addition to four ball fields, parking lot and aconcession/restroom
facility, play equipment is proposed in the project as a benefit to the
users of the park, the surrounding neighborhoods and the entire
community.
C. FINANCIAL
• The estimated cost of the project is $1,500,000.
• Financing for the project is proposed in the form of an internal loan
paid back without interest from existing and future proceeds of the
City's Liquor Stores. A total of $168,000 has been collected to date in
the previous years from the Special Revenue Fund as part of the
City's approved Capital Improvement Budget, and future payments
are planned in the City's Capital Improvement Plan.
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 April 30, 2009 and May 7,
2009.
• The City Attorney has reviewed the procedure for this capital
improvement and finds that it complies with the City Charter.
E. ENVIRONMENTAL CONSIDERATIONS
• The project complies with the City's current storm water regulations.
~ IV. ALTERNATIVE RECOMMENDATION(S) ~
• 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
ordinance.
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
• None
~~-~
BILL NO.
Transitory Ordinance No.
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT
FOR THE RENOVATION OF LINCOLN ATHLETIC COMPLEX
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 located at 7500 75 Street South, the current site of the existing
Lincoln Athletic Complex..
1.03. The capital improvement project consists of the design, engineering and construction
of the renovation of Lincoln Athletic Complex and related improvements, including, but not
limited to parking and utilities connections (the "Lincoln Renovation Project").
1.04. The estimated construction cost of the capital improvement is in excess of $500,000.
The preliminary estimate for total. construction cost is $1,500,000.00, which includes
estimated total design costs of $98,131.
1.05. A public hearing was held on May 12, 2009 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 Lincoln Renovation Project be approved.
Sec. 2. Approval; effective date.
2.01. The Lincoln Renovation Project is approved, and planning, design. and construction of
the Lincoln Renovation 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 Lincoln Renovation Project; nor does it vest any rights in the Lincoln Renovation
Project to any individual or entity.. This Ordinance shall not be construed to pre-approve ..any.
contracts for the design or construction of the Lincoln Renovation 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 Lincoln Renovation Project or to modify elements
of the Lincoln Athletic 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 day of , 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM # 4B
REPORT # 90
~' STAFF REPORT
CITY COUNCIL MEETING
ARIL 28, 2009
REPORT PREPARED BY:
JIM TOPITZHOFER, RECREATION SERVICES
DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of first reading of a transitory ordinance authorizing the upgrade or replacement
of HVAC, lighting and refrigeration equipment at the Richfield Ice Arena and scheduling of a
public hearin and second readin for Ma 26, 2009.
I. RECOMMENDED ACTION:
By Motion: Approve the first reading of-the transitory ordinance
authorizing the upgrade or replacement of HVAC, lighting and
refrigeration equipment at-the Richfield Ice Arena and scheduling of a
public hearing and second reading for May 26, 2009.
II. BACKGROUND
The Recreation Services Staff has been working on an exciting new program
that can lower energy .costs of the .ice arena and outdoor pool and use the cost
savings to pay for future equipment replacement and upgrades. Brandon
Klement, Facility Manager, has met with representatives of Harris Mechanical
Service, Inc. over the past year to evaluate the current state of the Richfield
Arena. They have concluded that much of the equipment is the original 38 year-
- old equipment and well beyond its -life expectancy.
On April 14, 2009, City Council approved the attached agreement with Harris
Mechanical Service, Inca to conduct an engineering study to evaluate the
replacement of aging equipment with energy efficient equipment. The intent of
the study is to provide the City with a proactive equipment replacement solution
in a manner such that the energy and operational savings associated with
04281ce Arena Mechanical Upgrades
equipment replacement must be greater than or equal to the debt service
payment required to fund the project. Harris will work within the guidelines of
Minnesota legislation to provide written performance and energy savings
guarantees. If Harris cannot present a cash neutral solution upon completion of
the study, the City has no further obligations to continue the project.
III. BASIS OF .RECOMMENDATION
A. POLICY
• Pursuant to Section 8.04 of the City Charter, the project will require
approval of a transitory ordinance because the estimated design
costs may exceed $75,000 and the estimated construction cost
may exceed $500,000.
• .With City Council approval, a public hearing and second reading of
a transitory ordinance authorizing the upgrade or replacement of
HVAC, lighting and refrigeration equipment at the Richfield Ice
Arena will be scheduled for May 26, 2009.
B. CRITICAL ISSUES
• -Much of the Ice Arena's mechanical equipment in Rink 1 is the
original 38-year old equipment including boiler, HVAC, domestic
water heater, snow melt pit, and refrigeration system. The boiler
was oversized in anticipation of a community center expansion
resulting in inefficiencies.
C. FINANCIAL
• Funding for the project is yet to be determined. Staff is evaluating
several funding alternatives including the issuance of general
obligation revenue bonds, capital lease financing, or other funding
methods that do not require the levying of taxes to service any
debt incurred.
The cost of the technical study is $20,000.00 which will be funded
from Ice Arena operations. If City Council decides to go forward
with the project, the $20,000 cost of the technical study will be
financed as part of the total cost of the project over atwenty-year
period.
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 14, 2009 and
May 21, 2009.
• The City Attorney has reviewed the procedure for this capital
improvement and finds that it complies with the City Charter.
E. ENVIRONMENTAL CONSIDERATIONS
• .The project will potentially benefit and City and the environment
with significant energy reductions of natural gas and electricity.
IV. ALTERNATIVE RECOMMENDATION~S~
• None
V. ATTACHMENTS
• Ordinance.
• Agreement between City of Richfield and Harris Mechanical Service, Inc.
for Comprehensive Technical Study.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• -None
y~ -I
BILL NO.
Transitory Ordinance No.
AN ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT
FOR THE UPGRADE AND REPLACEMENT OF HVAC, LIGHTING AND
REFRIGERATION EQUIPMENT AT THE RICHFIELD ICE ARENA
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 located at 636 East 66t" Street, the current site of the Richfield
Ice Arena..
1.03. The capital improvement project consists of the design, engineering and
construction of the upgrade and replacement of HVAC, lighting and refrigeration
equipment at the Richfield Ice Arena.
1.04. A cost estimates for the project have not been finalized but the construction cost is
expected to exceed $500,000 and designs costs are expected to exceed $75,000.
1.05. A public hearing was held on May 26, 2009 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 Ice Arena Equipment Project be approved.
Sec. 2. Approval; effective date.
2.01. If approved by City Council, the Ice Arena- Equipment 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 Ice Arena Equipment Project nor does it vest any rights in the Ice Arean
Equipment Project to any individual or entity. This Ordinance shall not be construed to
pre-approve any contracts for the design or construction of the Ice Arena Equipment
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 Ice Arena Equipment
Project or to modify elements of the Ice .Arena Equipment 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 26th day of May, 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs;- City Clerk
~~~Z
AGREEMENT BETWEEN THE CITY OF RICHFIELD AND
HARRIS MECHANICAL SERVICE, LLC.
FOR COMPREHENSIVE TECHNICAL STUDY
Hereinafter, the City of Richfield, Minnesota, will be referred to as the CITY and Harris Mechanical
Service, LLC., as SERVICE PROVIDER.
SCOPE OF SERVICES
1. SERVICE PROVIDER will conduct a comprehensive technical study of the Richfield Ice
Arena, 636 East 66th Street, Richfield, MN, within fifty two (52) days of the approval of this
agreement, to identify energy and operating cost reduction measures.
2. SERVICE PROVIDER will produce and present a comprehensive report to the Richfield City
Council outlining recommendations related to operations and replacement/upgrading of
equipment of the refrigeration system, HVAC system and lighting. SERVICE Provider will
include in the Comprehensive Report a summary of all associated costs of equipment,
installation, labor, engineering, training and any other costs related to the energy reduction
measures. The Service Provider will also include in the Comprehensive Report a summary
of the anticipated energy savings over a twenty year period, and other applicable data that
validates the recommendations.
3. SERVICE PROVIDER will attempt in the comprehensive technical study to limit the scope of
potential cost reduction measures so that the annual debt service of the total cost of all
associated costs of equipment, installation, labor, engineering, training and any other costs
over a twenty year period will not exceed the total anticipated energy and operating savings
each year over atwenty-year period.
4. SERVICE PROVIDER will advise CITY on potential funding mechanisms.
5. SERVICE PROVIDER will work with. Richfield City Staff, and Xcel Energy to solidify all
available rebates.
PAYMENT FOR SERVICES
CITY agrees to pay SERVICE.PROVIDER asum of $20,000 upon the completion of the
Comprehensive Study and after it is presented to the Richfield City Council, or in the event
that the City elects to proceed with a project and potentially enter into a contract with
SERVICE PROVIDER to complete all equipment installation and execute all approved energy
reduction measures, the payment sum of $20,000 will be issued to SERVICE PROVIDER
through the financing mechanism employed by the CITY to finance the project.
GENERAL TERMS AND CONDITIONS
This agreement shall commence on April 14, 2009, and shall terminate on June 5, 2009.
2. This agreement, upon execution by both parties hereto, can be amended only by written
instrument signed by both parties.
3. -The SERVICE PROVIDER shall secure and maintain insurance as will protect them from
claims under the Worker's Compensation Act and from claims for bodily injury, death, or
property damage and professional liability which may arise from the performance of their
services under this Agreement. The SERVICE PROVIDER shall name the CITY as Additional
Insured.
Hams Mechanical Service Agreement
April 14, 2009
~f ~-3
4. The completed original report, recommendations, calculations and text shall become the
property of the SERVICE PROVIDER. With respect to any work in progress at the time of
termination; the SERVICE~PROVIDER shall provide the CITY with reproducible copies of any
documents already completed at the time of termination necessary for completion of said
work at no additional expense to the CITY.
5. SERVICE PROVIDER agrees to indemnify and defend the CITY against claims or liabilities
arising out of, or relating to the negligence or intentional misconduct of the SERVICE
PROVIDER, and the CITY agrees to indemnify the SERVICE PROVIDER against claims or
liabilities arising out of, or relating to negligence or intentional misconduct of the CITY.
Harris Mechanical Service, LLC.
Keels Bakken
Sales Manager
City of Richfield, Minnesota
Debbie Goettel
Mayor
Steve Devich
City Manager
Date
Hams Mechanical Service Agreement
April 14, 2009
Date
AGENDA SECTION: CONSENT
AGENDA ITEM # 4C
REPORT # 91
~~ STAFF REPORT
CITY COUNCIL MEETING
APRIL 28, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
BRAD SVEUM, FIlZE SERVICES
DIRECTOR/CHIEF
NAME, TITLE
i
ITEM FOR COUNCIL CONSIDERATION:
Acceptance of US Department of Homeland Security/Federal Emergency Management
A enc , 2008 Assistance to Firefi hters Grant monies.
I. RECOMMENDED ACTION: ,
By Motion: Accept the grant from the US Department of Homeland
Security/Federal Emergency Management Agency, Assistance to
Firefighters Grant (EMW-2008-FO-01386) in the amount of $66,331.00.
This grant will be used to place laptop computers and Automatic
Vehicle Locators (ANC's) in Fire Department Response vehicles.
II. BACKGROUND
This federal, competitive grant program has been in existence since 2000. Richfield
Fire staff has internally written all requests and has been awarded grants in 2002,
2003, 2004, 2006 and 2007. The total value of these. previous awards has been in
excess of $330,000.
III. BASIS OF RECOMMENDATION
A. POLICY
• Formal acceptance of this grant is pursuant to Minnesota Statute
465.03 which requires city councils to formally accept all grants by a
two-thirds majority vote.
0424Fire
• Staff has -been notified that Richfield was awarded a grant for 2008 by
the US Department of Homeland Security.
B. CRITICAL ISSUES
• Acceptance of this grant will allow the Fire Department to install
information and technology upgrades into Fire Department Response
vehicles.
• This equipment will allow instant access to emergency response and
pre-plans by responders while enroute to emergencies. It will help
ensure the closest emergency vehicle is dispatched to incidents. It
will enhance emergency information exchange with our Auto-Aid
partners. Fire inspection information will be able to be entered into
records directly in the field.
• The Fire Department has completed all necessary steps to comply
with the federal regulations for the award of this grant.
C. FINANCIAL
• , It has been extremely difficult to budget for this upgrade from the Fire
Department operating budget the past several years. This grant
provides a relatively inexpensive way to acquire this technology.
• There is a 10% matching fund component of $7,370 associated with
this grant. The city's Information Technology (IT) Division has the
funds for this match in their 2009 budget.
D. LEGAL _
• This formal acceptance of this grant is required by Minnesota Statute
465.03.
IV. ALTERNATIVE RECOMMENDATION(S~
• None
V. ATTACHMENTS
• Department of Homeland Security letter advising approval of the grant
application.
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
civvwv. vw.~u~
Award Status
y~ i
.....b.. ~ ..~ .
Congratulationst Your grant application has been been selected for an award.
View Award Package
Award Number: EMW 2008-FO-01386
Award Amount: $66,331
You establish acceptance of this award when you expend any grant funds available to you. You should fill out your Direct Deposit
Form 1199A immediately; however, submit your request for funds when you are ready to spend the money. It is a federal
requirement to minimize the time between you receiving the funds in your bank account and your spending of (hose funds. For
planning purposes, you can estimate that it could take up to three weeks for the funds to be transferred to your account.
https://portal.fema.gov/firegrant/jsp/fire/awards/award status jsp 4/10/2009
~1 e_z
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT OF HOMELAND
SECURITY/FEDERAL EMERGENCY MANAGEMENT
.AGENCY, ASSISTANCE TO FIREFIGHTERS- GRANT, RECEIVED BY THE
CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE
FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND
TERMS PRESCRIBED BY THE DONORS
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 in full, and
WHEREAS, the City of Richfield has been awarded the grant as described below,
Assistance to Firefighters Grant from the. US Department of Homeland Security/Federal
Emergency Management Agency for the amount of $66,331 to be used for technology
upgrades in Fire Vehicles including computers and Automatic Vehicle Locators.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
-That the City Council of the City of Richfield hereby accepts the US Department of
Homeland Security/Federal Emergency Management Agency, Assistance to Firefighters.
Grant (EMW-2008-FO-01386) for the year 2008 and authorizes the city to administer the
funds in accordance with the grant agreements and terms prescribed by the donors.
2009.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of April,
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION
AGENDA ITEM #
REPORT #
~i
STAFF REPORT
CITY COUNCIL MEETING
APRIL 28, 2009
CONSENT
92
REPORT PREPARED BY:
CHRISTINE COSTELLO, COMMUNITY
DEVELOPMENT SPECIALIST
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution affirming and ratifying submittal of applications to Hennepin
County for an Environmental Response Fund Grant for the environmental assessment work at
211 76th Street West, 7500 Penn. Avenue, 6401 Lyndale Avenue, and 521 64th Street West.
RECOMMENDED ACTION:
By Motion: Adopt the attached resolution affirming and ratifying
City's staff submittal of an application to Hennepin County for a
Environmental Response -Fund Grant for the environmental
assessment work at 211 76th Street West, 7500 Penn Avenue, 6401
ndale Avenue. and 521 64th Street West.
II. BACKGROUND
• Hennepin County has a grant program for investigation and cleanup of
potentially contaminated property within the County. It is appropriate to submit
an application to access funds to assist with the assessment of the potential
need for environmental work. The sites identified for which it would be
appropriate to submit a grant application include: 211 76th Street West, 7500
Penn Avenue (eastern portion of the lot), 6401 Lyndale Avenue, and 521 64th
Street West. These are all either City/Housing and Redevelopment Authority
(HRA) owned sites or sites that a nonprofit developer is considering for
construction.
• The grant would fund the required environmental investigation of a property that
is required before a property can be redeveloped. The environmental work that
042809-Hennepin County ERF Application
could be completed using this grant funding would include: a site history report,
soil borings, hazardous materials inventory, and required steps for site cleanup if
contaminates are found.
• A requirement of the grant process is that a resolution indicating City Council
support of the application must be passed by the time the application is due on
May 1, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
• It is appropriate to seek outside funding whenever possible.
B. CRITICAL ISSUES
• Environmental assessment work is a critical step in determining the
potential contamination of a site.
• Not completing the environmental assessment work could make
redevelopment more expensive and also contribute to blight in the
community.
C. FINANCIAL
• No local match is required for the grant.
• If a grant is not received other avenues will be pursued.
D. LEGAL
• The program guidelines require the City Council to pass a resolution in
support of the application.
E. ENVIRONMENTAL CONSIDERATIONS
• Completing an environmental assessment ensures that steps are
taken to analyze the impacts former site uses have had on a
community's natural resources (i.e. groundwater and soil), and
whether the site needs to be remediated.
IV. ALTERNATNE RECOMMENDATION~S~
• Deny authorization and direct staff to withdraw the application.
V. ATTACHMENTS
• Resolution authorizing application to Hennepin County for Environmental
Response Fund Grant funding.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
~~-1
RESOLUTION NO.
RESOLUTION AFFIRMING AND RATIFYING CITY'S STAFF SUBMITTAL OF
AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE GRANT FUNDS
FOR 211 76TH STREET WEST, 7500 PENN AVENUE, 6401 LYNDALE AVENUE, AND
521 64TH STREET WEST
WHEREAS the City of Richfield (the "City") is a City located within Hennepin County
and is therefore eligible to access the Environmental Response Fund (ERF) Grant; and
WHEREAS the City has the institutional, managerial and financial capability to
ensure adequate project administration; and
WHEREAS the City certifies that it will comply with all applicable laws and
regulations as stated in the contract agreements; and
NOW, THEREFORE BE IT RESOLVED that the City Council affirms and ratifies the
submittal of applications to Hennepin County Department of Environmental Services on
behalf of the City of Richfield and authorizes the Mayor and City Manager to execute such
agreements as are necessary to implement the project on behalf of the applicant.
Adopted by the City Council of the City of. Richfield, Minnesota this 28th day of April
2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
042809-Hennepin County ERF Application
r
STAFF REPORT
CITY COUNCIL MEETING
APRIL 28, 2009
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
JOHN STARK, COMMUNITY
DEVELOPMENT DIRECTOR
ITEM FOR COUNCIL CONSIDERATION:
Second reading of an ordinance repealing the development moratorium currently in place in
the Penn Avenue Corridor.
I. RECOMMENDED ACTION:
By Motion: Approve a second reading of an Ordinance repealing
Richfield Cit Ordinance No. 2008-19.
II. BACKGROUND
On September 11, 2008 the City Council adopted an Ordinance and approved a
resolution to establish a development moratorium in the Penn Avenue Corridor
area. The purpose of that moratorium was to allow time for the passage of
development regulations and guidelines that were reflective of the Penn Corridor
Revitalization Master Plan. Specifically, those regulations and guidelines are a
Comprehensive Plan Amendment, Design Guidelines, new zoning regulations for
the area and a rezoning of area properties. The current status of each of these
activities is as follows:
Comprehensive Plan Amendment: Submitted to the Metropolitan Council for their
review on December 30, 2008. Metropolitan Council issued a letter to the City on
March 13, 2009 indicating they found the Plan complete for review. Per state law,
the Metropolitan Council has 120 days, or until July 4, 2009 to complete its formal
review of the Update. At present, the tentative schedule is for the Update to be
brought to the full Metropolitan Council for review on May 13, 2009. Results of
AGENDA SECTION: PROP . ORDINANCE
AGENDA ITEM # (j
REPORT # 93
042809 Repeal 2"d Reading
NAME, TITLE
preliminary Metropolitan Council review find no issues pertaining to the Penn
Corridor.
Design Guidelines: Approved by the City Council on October 28, 2008.
Rezoning: Approved by the City Council on March 24, 2009. The Ordinance will
take effect 30 days following the publication in the Sun Newspaper.
The purposes for which the development moratorium was established have
therefore been accomplished and it is staff's recommendation to repeal the
development moratorium.
A first reading of the Ordinance to repeal the Moratorium was conducted at the April
14, 2009 City Council meeting.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Council adopted a development moratorium for the Penn
Avenue Corridor on September 11, 2008.
• The purpose of that moratorium was to allow time for the completion
of a comprehensive plan update, creation of design guidelines and a
rezoning of the area.
• All of the above activities have been completed as of March 24, 2009.
• Unless terminated earlier by action of the City Council, the
development moratorium will be in place until September 11, 2009.
• When the moratorium was adopted it was the stated intent of staff and
the City Council to terminate the moratorium as soon as the reasons
for its establishment had been addressed.
B. CRITICAL ISSUES
• There are at least two outstanding development proposals that cannot
be advanced by private parties until the moratorium is repealed or the
City Council grants them an exception from its terms.
C. FINANCIAL
• N/A
D. LEGAL
• Legal council has provided guidance as to the repeal of the
moratorium.
• A first and second reading of the proposed ordinance repeal is
required.
• A first reading of the Ordinance to repeal the Moratorium was
conducted at the April 14, 2009 City Council meeting.
• City Council directed staff to begin accepting development
applications prior to the repeal becoming effective at the April 14,
2009 City Council meeting.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Do not adopt the resolution repealing the development moratorium allowing
the moratorium to expire on its own on September 11, 2009.
V. ATTACHMENTS
• Ordinance
.Map showing the area affected by the development moratorium
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
~-1
CITY OF RICHFIELD
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCE NO. 2008-19, TERMINATING THE
MORATORIUM ON DEVELOPMENT IN THE PENN AVENUE CORRIDOR
Sec. 1. Ordinance No. 2008-19 is hereby repealed.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Adopted by the Richfield City Council this day of , 2009.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
042809 Repeal 2"d Reading
Penn Avenue Moratorium Area
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AGENDA SECTION:
AGENDA ITEM #
REPORT #
~J STAFF REPORT
CITY COUNCIL MEETING
APRIL 28, 2009
PROP. ORDINANCE
7
94
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY CITY MANAGER:
CHRIS LINK, STREET MAINTENANCE
SUPERVISOR
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the second reading of an ordinance relating to diseased tree removal; and
consider an alternative policy for diseased tree removal
I. RECOMMENDED ACTION:
By Motion:
1. Approve the second reading of the attached Diseased Tree
Removal Ordinance amending Section 910, Subsection 910.15
of the Richfield City Code.
2. Consider an alternative policy for diseased boulevard tree
removal.
II. BACKGROUND
At the March 10, 2009 City Council Study Session, Council directed staff to have
the Diseased Tree Removal Ordinance amended to remove the language
specifying the removal of diseased trees within 20 days.
The proposed change is consistent with the recommendation of the Community
Services Commission unanimous recommendation to remove the 20-day diseased
tree removal requirement from the ordinance. The new ordinance will allow the
Public Works Director to determine the time limit for removal depending on the level
of threat presented by the specific tree disease.
0428TREE Ordinance 2"d Read
Once the 20-day diseased tree removal requirement is removed from the City
Code, the City Council can establish policy direction for staff to follow. City staff
recommends that City Council direct staff to implement the following Dutch Elm
Disease policy:
1. City boulevard trees and private trees that are marked for removal before
August 1 are to be removed within 40 days
2. City boulevard trees and private trees marked after August 1 are to be
removed by April 15 of the following year.
3. If private trees are not removed within 40 days, the City will remove the tree
and assess costs against the owner of the property.
With the elimination of the City Forester position and a Public Works Worker
position, available staff time (specifically forestry functions) has been reduced. The
functions of the City Forester position will be performed by an existing Public Works
Worker with assistance from Public Works administrative staff. The attached
Estimate of Labor Hours May-August 2009 shows that there is no available staff
time for tree removal during these busy summer months. City crews will not be able
to remove boulevard trees within the 40 day time limit. City staff will solicit bids for
removal of DED boulevard trees from tree removal contractors and bring a proposal
for City Council consideration to a City Council Meeting in May. City staff is
recommending that the contract tree removal be funded with Franchise Fees. The
Franchise Fee rate can be adjusted later this year when the total number of tree
removals is known. This adjustment can occur at about the same time as the 2009
Revised - 2010 Proposed City Budget is set in December.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City Charter general provision on adoption of ordinances
requires a first and second reading on ordinances and ordinance
amendments.
B. CRITICAL IssuEs
• For more than three years, City staff has not been able to remove
Dutch Elm Diseased (DED) trees within 20 days.
• This backlog of DED trees calls into question the present policy of a
20-day removal when residents are required to remove DED private
trees within this 20-day period.
• Contracting boulevard tree removals will enable staff to complete work
in the summer months and resume trimming of trees.
C. FINANCIAL
• Amending the ordinance will allow residents and the City to reduce the
cost of removals, and may provide budget cuts needed for 2009 and
future years.
• Franchise Fees can be used to finance boulevard tree removals.
D. LEGAL
This Ordinance Amendment was written by the City Attorney.
There are no legal issues known at this time that would affect passage
and implementation of this ordinance.
E. ENVIRONMENTAL CONSIDERATIONS
• Diseased trees need to be removed to maintain a healthy and
attractive environment.
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not change the ordinance.
• Council may direct staff to research other options of boulevard tree removals.
V. ATTACHMENTS
• Proposed Amendment to Ordinance Relating to Diseased Tree Removal.
• Labor Use Report
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None anticipated
BILL NO.
AN ORDINANCE RELATING TO DISEASED
TREE REMOVAL; AMENDING SUBECTION 910.15
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 910.15 of the Richfield City Code is amended to
read as follows:
910.15. Abatement of plant pests; nuisances. In abating the nuisances
defined in this section, the Public Works Director shall cause the infected
tree or wood to be sprayed, removed, burned, or otherwise effectively
treated to destroy and prevent as fully as possible the spread of plant
pests. The abatement procedures shall be carried out in accordance with
current technical and expert opinions and plans as designed by the
commissioner of agriculture. Whenever the Public Works Director finds
with reasonable certainty that shade tree disease exists in any tree or
wood on private property in the city, he shall notify the owner ~+';f +~~.~„
ate of the property by certified mail or hand delivery, that the nuisance
must be abated within a specified time period, as determined by the Public
Works Director'n ,+,,,~ ~f+or n„+ificM+inn .,f +hc nrnnor+v r~~n,nor If the tree
u1~V1 IlVllll ~IV11 VI LIIV
or trees have not been removed within the time ~0-d~y period specified in
the notice to the owner, the Public Works Director shall abate the
nuisance ~",1+hin ~n ~~..~ and the cost of abatement shall be assessed
against the property. A tree with shade tree disease located on public
property shall be removed ~n,i+hin ~n ,~~.,~ after identification by the Public
Works Director.
Sec. 2. This ordinance shall be effective in accordance with Section 3.09
of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 28th
day of April, 2009.
ATTEST:
Debbie Goettel, Mayor
Nancy Gibbs, City Clerk
1 ""~
Labor Use for the Months of May-August
The summer months of May through August are among the busiest months of the entire year for
the Street/Forestry Divisions. In the past, the primary function of the Street/Forestry Division
during these summer months has been street maintenance. This year due to the amount of
cold and snow, City streets are in need of more attention, leaving less time and money for
forestry issues. In light of the estimated use of labor City crews will not be able to remove
boulevard trees in a timely manner. Before any tree is to be removed City crews must first plant
260 trees and remove 310 stumps. The following is an estimate of work to be completed by
City crews this summer.
Duties
(May -August) **Anticipated
Work Hours
Tree Removal 3,200
Tree Planting 900
Stump Removal 1,300
Tree Inspection 640
Asphalt Repair 3,200
Lights & Signs Maintenance 500
Crosswalk Striping 500
Total Man Hours Needed 10,240
Man Hours Available based on
Staff (May -August) 9,600
Man Hours -Deficit -640
**Anticipated man hours are estimated based on staff numbers and duties performed in
past years.
With an anticipated deficit in man hours this large, staff is evaluating which services are priority
services and which services can be reduced or eliminated. Contracting some of these services
is being considered.
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # $
REPORT # 95
STAFF REPORT
CITY COUNCIL MEETING
APR1L 28, 2009
REPORT PREPARED BY:
CHRIS LINK, STREET AND FORESTRY
SUPERVISOR
DEPARTMENT DIlZECTOR REVIEW:
REVIEWED BY CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of award of contract to North Star Tree Care for removal of diseased trees from
private property in 2009.
I. RECOMMENDED ACTION:
By Motion: Award a contract to North Star Tree Care in the amount of
$110,189 for 2009 diseased tree removal from private property.
III. BACKGROUND I
On April 24, 2007, after a formal bidding process, Council awarded a contract to
North Star Tree Care for $106,980 to perform tree removal from private property.
This contract included a provision, which allowed by mutual agreement between the
City and the Contractor, two one-year extensions with a maximum 3% increase.
In 2008 the contract was extended by mutual agreement between the City and
North Star Tree Care for $110,189. This included a 3% increase.
Staff and North Star Tree Care would like to extend the contract again for 2009 for
$110,189 at no increase from 2008. North Star Tree Care has done excellent work
for the City at a very reasonable price.
Contract amounts for the last seven years are as follows:
Year Amount Contractor
2003 $ 83,766 Top Notch Tree Care
2004 $107,746 Asplundh Tree Expert Company
d
2005 $116,928 Asplundh Tree Expert Company
2006 $120,436 Asplundh Tree Expert Company
2007 $106,980 North Star Tree Care
2008 $110,189 North Star Tree Care
2009 $110,189 North Star Tree Care
III. BASIS OF RECOMMENDATION
A. POLICY
• All contracts or purchases over $25,000 require Council Approval.
• In 2007, North Star Tree Care submitted the lowest qualifying bid.
• The original 2007 contract included a provision, which allowed two
one-year extensions with a maximum 3% increase.
B. CRITICAL ISSUES
• Staff believes the per-tree prices are low enough to provide Richfield
homeowners with a reasonable removal cost should they decide to
have the City coordinate the removal of their diseased tree(s).
• Approval at the April 14, 2009 Council meeting will assure sufficient
time to process the necessary paperwork before the first trees are
marked for removal.
C. FINANCIAL
• Funding to allow the assessment option is through the Permanent
Improvement Revolving fund.
D. LEGAL
• State and City ordinance provides authority to conduct a diseased tree
program.
E. ENVIRONMENTAL CONSIDERATIONS
• Diseased trees need to be removed to keep the environment healthy
and attractive.
IV. ALTERNATIVE RECOMMENDATION(S~
• Council may choose to reject this contract extension and direct staff to
readvertise. However, staff does not believe lower prices could be obtained
from a responsible contractor.
V. ATTACHMENTS
• None
VI._ PRINCIPAL PARTIES EXPECTED AT MEETING I
• None