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05-12-09 agenda packetCITY OF RICHFIELD, MINNESOTA TUESDAY, MAY 12, 2009 ~C~*~**~r**~~rk*******~F:k*YeYt**~~Y~**~t*~Yk*****~*~*Yr*ie*~rk***~e*** *~*~kieYr SPECIAL CITY COUNCIL WORKSESSON CITY COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Rall call 1. Discussion regarding Dutch Elm Disease tree removal policy (Council Memo No. 71) Notes: 2. Discussion regarding housing proposal for former City garage. site (Council Memo No. 72) Notes: 3. Update regarding stormwater capital improvement program (Council Memo No. 73) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Calt 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 28, 2009 and (2) Regular City Council Meeting of April 28, 2009 PRESENTATIONS 1. Presentation of Certificates of Appreciation to Miss Richfield Ambassadors and Junior Ambassadors (Council Memo No. 74) 2. Presentation by Richfield Fourth of July Committee regarding Richfield's 30th Fourth of July commemorating festival founder and former City Council Member Howard Bunce 3. Presentation of proclamation designating May 13, 2009 as World Falun Dafa Day 4. Presentation of proclamation designating May 17-23, 2009 as Salute to Small Business Week in Richfield 5. Presentation of Richfield Tourism Promotion Board, Iric. financial report for year ended December 31, 2008 . 6. Annual meeting with Advisory Board of Health 7. Presentation regarding National Public Works Week 8. Presentation of proclamation designating May 10-16, 2009 as National Police Week COUNCIL DISCUSSION 9. Council discussion • City Council participation. in July 4 parade • Metropolitan Council Transportation Advisory Board (TAB) representative • Hats Off to Hometown Hits .Notes: AGENDA APPROVAL 10. Council approval of agenda CONSENT CALENDAR 11. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing amendment to conditional use permit to allow day care services for total up to 244 children at Hope Presbyterian Church, 7132 Portland Avenue S.R. No. 96 B. Consideration of approval of purchase from Weekend Freedom for two new zero turn mowers for use by Parks Maintenance Division in amount of $29,391.87 S.R. No. 97 Notes: 12. Consideration of items; if any, removed from Consent Calendar Notes: PUBLIC HEARING 13. Public hearing and second reading of transitory ordinance authorizing planning, design and construction of Lincoln Athletic Complex and resolution authorizing summary publication of transitory ordinance (Continued from April 28, 2009) Staff Report No. 98 Notes: RESOLUTIONS 14. Consideration of resolutions imposing civil enforcement on establishments in Richfield that underwent tobacco compliance checks conducted by Richfield Public Safety staff and failed by selling tobacco to underage youth Staff Report No. 99 Notes: OTHER BUSINESS 15. Consideration of resolution granting site plan approval for renovation of Lincoln Park, 7500 Pleasant Avenue Staff Report No. 100 Notes: CITY MANAGER'S REPORT 16. City Manager's report 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 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: 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. richfield: May 2009 City f is ~e aen a Navigate: 2008 Jar? Feb Mar Apr May Jun Jul Aug Sep Oct Nov May 2009 Page 1 of 1 Calendars Net Dec 2010 ~`~O31t~d ' TAeSCIaV VF'e£i~EeS£lay ThAY'gt~c`1~' ~'I°lCd ' 27 4pr 28 9 30 ~ 1 I~~ay 5:30 PM RCHSPC 6 PM Special City Council Worksesson 7 PM Planning Commission 7 PM Regular City Council Meeting 5 b 7 $ 7 PM Human Rights 7 PM Transportation 7 PM Arts Commission Commission Commission @ Community Center 11 12 13 14 1'? 5:30 PM Special City . 6:30 PM Property 6:30 PM Special City Council Worksession Excellence Task Force CouncillCHAT III Meeting CANCELED 7 PM Regular City Council Meeting 18 19 2() 21 22 6 PM Advisory Board of 5:30 PM Hearing 4:30 PM FOWL Board Health Examiner in Heredia @ WLNC in Heredia Room Room 7 HRA Meeting 7 PM Community 7 PM Friendship City Services Commission @ Commission Community Center 7-8 PM Neighborhood Open House in Council Chambers regarding proposed closure of 64th Street at 17th Avenue j 26 z~ 2s 29 Memoria( Day 5:30 PM Special City 6:30 PM Property 6:30 PM Special City SATURDAY,.MAY 30 City Administrative Council Worksession Excellence Task Force CouncillCHAT III 9:30-10:30 AM Mayor's Offices Closed Meeting @ Maintenance Hour at Farmers Market 7 PM Regular City 7 PM Planning Facility Council Meeting Commission (rescheduled due to Memorial Day holiday) Disptay: Year Month Week. C3ay Block Lisf Condensed. Abs Slide_ Add Events: Daily Duration Periodic Calendars Net. free online interactive web calendars Galendacs: Search Administer: This Calendar http://www.my.calendars:net/richfield 5/7/2009 CITY OF RICHFIELD, MINNESOTA Office of City Manager May 7, 2009 Council Memorandum No. 71 The Honorable Mayor and Members of the City Council Subject: DED Boulevard Tree Removal Policy (Worksession Agenda Item No. 1 ) Council Members: Staff is seeking Council guidance for a Dutch Elm Diseased (DED) Tree Removal Policy at the May 12, 2009 City Council Worksession. At the January 23, 2009 Goal Setting Session, the City Council reviewed the impacts of the cuts in LGA on the-City"budget. As part of that discussion, the City Council reviewed possible funding options for forestry operations including the use of a Boulevard Tree Service Fee and Franchise Fees. At their February 10, 2009 City Council Meeting, the City Council awarded a contract for removal of DED trees that were marked for removal in 2008. This tree removal contract was funded with the Franchise Fee fund balance. In addition, at the February 10 Meeting, the City Council directed staff to prepare an ordinance to consider removing the 20 day time limit for DED tree removal. The Community Services Commission (CSC) recommended removal of the 20 day limit at their February 17 CSC Meeting. The City Council approved the ordinance change at their April 28 meeting and requested staff to bring diseased tree removal policy consideration to a future Worksession. Staff is seeking guidance on the following elements of a DED Tree Removal Policy: 1. Time. limit for removal for private and boulevard trees a. 20, 30 or 40 day removal b. No limit 2. Cut off date for Summer removal a. July 15 b. August 1 c. No cut off date 3. Summer removal by a contractor or City staff a. Summer work load for existing staff does not allow time for timely summer removal by City staff b. Removal by contractor will allow summer removal 4. Funding a. General Fund (used in the past in Richfield) b. Boulevard Tree Service Fee (similar to St. Paul) c. Franchise Fees (as was used earlier this year) d. Shared cost with property owner cost participation (similar to other cities such as Edina and St. Louis Park) Based upon City Council guidance,. City staff will prepare a draft policy for City Council consideration at a future City Council Meeting. City staff solicited boulevard tree removal quotes for City Council consideration at the May 12, 2009 meeting. Susan Burks, DNR Invasive Species Specialist. has been invited to attend this worksession to answer any questions. sec ully sub ed, e L. Manager SLD:cak Email: Department Directors Assistant to the City Manager CITY OF RICHFIELD, MINNESOTA Qffice of City Manager May 7, 2009 Council Memorandum No. 72 The Honorable .Mayor and Members of the City Council Subject: Housing Proposal for the Former City Garage Site (Worksession Agenda Item No. 2 ) Council Members: The housing developer Ron Clark Construction and Design (Ron Clark) is considering the development of a rental housing project at 211 76th Street West, 7600, 7608, and 7700 Pillsbury Avenue. The 3.3 acre site contains a former mortuary building that the Housing and Redevelopment Authority (HRA) purchased in 2000; since that time it has been used for City storage, the north half of the former Public Works Maintenance Facility, and three adjacent single-family parcels on Pillsbury. Ron Clark purchased one of the residential parcels in 2008 and the HRA purchased and cleared another in 1999. The remaining parcel is still privately owned, and at this time the owner is not interested in selling. In 2007, the City of Richfield partnered with the Center for Neighborhoods and the Corridor Housing Initiative to explore development options for three sites, one of which was the area at 76th Street and Pillsbury Avenue. The initiative involved input from developers, designers, and residents which resulted in development guidelines for the area (attached). For the 76th Street and Pillsbury Avenue area the guidelines suggested that this area held a strong residential focus, and suggested that the area would promote medium density residential of up to three stories. Ron Clark is considering purchase of this site from the City and HRA for the construction of 160-172 units of market rate rental housing. The proposed location is surrounded by single-family residential to the north and east, multi-family housing to the west, and commercial development to the south. In order to develop the site for multi-family housing, Ron Clark would need to petition for a change in rezoning (from "I-Industrial" to "MR3-High Density Residential") and replatting. Before expending great deals of time and money on preparing an application, Ron Clark requested an opportunity to present their proposal to the City Council in order to get preliminary input from the Council and discern local support for their proposal The financial feasibility of the project is somewhat dependent on the developers cost to acquire, demolish and environmentally remediate the City/HRA parcels. These costs have not yet been determined. If the City Council is receptive to the concept of 48 to 52 units per acre (high density residential), then discussions regarding land costs, etc. can proceed. Ron Clark will provide the City Council with a preliminary presentation of their concept plat the May 12, 2009 Worksession. SLD:cak Attachment Email: Department Directors Assistant to the City Manager Richfield 77t"& Pleasant DevelopmentGuidelines 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 trails. ~~ ~:. ~, ~; ~.: *~' ,~ _~;. ~~ ~,`- Richfield Development Guidelines 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 Assetsand 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 Encouraae 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 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). O. 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 cco ste l l o@c i tyofr i s hfi e l d.o rg www.ci.richfield.mn.us Richfield Development Guidelines CITY OF RICHFIELD, MINNESOTA Office of City Manager May 7, 2009 Council Memorandum No. 73 The Honorable Mayor and Members of the City Council Subject: Stormwater Capital Improvement Program Update (Worksession Agenda Item No. 3 ) Council Members: At the May 12, 2009 Council Worksession, staff will discuss the status of the Stormwater Capital Improvement Program outlined in the City's Surface Water Management Plan. SLD:cak Email: Department Directors Assistant to the City Manager J CITY COUNCIL MINUTES Richfield, Minnesota Special Worksession April 28, 2009 CALL TO ORDER The City Council convened the Special City Council Worksession by unanimous consent at 6:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor (arrived 6:07 p.m.); Pat Elliott; Fred Wroge; and Tom Fitzhenry. Members Absent: Sue Sandahl. Staff Present: Steven Devich, City Manager; Mike Eastling, Public Works Director; John Stark, Community Development Director; Robert Hintgen, Assistant Utilities Superintendent; and Cheryl Krumholz, Recording Secretary. Item # I PRELIMINARY PRESENTATION BY PROJECT FOR PRIDE IN LIVING REGARDING PROPOSED HOUSING DEVELOPMENT AT 7440 PENN AVENUE (COUNCIL MEMO NO. 65) Chris Dettling and Chris Wilson, Project for Pride in Living (PPL), provided a PowerPoint presentation (City Clerk's File No. C-448) regarding the PPL multi-family housing proposal and concept for Penn Avenue/75th Street. The concept is for 51 dwelling units that are affordable rental housing with 1.25 parking stalls per unit. There would be approximately 10 permanent supportive housing units targeted to ISD 287 South Education Center (SEC) students. Units will be openly marketed and the school will not be given preference. There is a financing gap that they would like to discuss with the City Council at a later date. Community Development Director Stark explained projects similar to this require local government support such as financial or zoning concessions. He added the zoning ordinance requires two parking spaces per unit in residential districts and 1.25 spaces in high-density residential if factors are warranted, i.e. transit access. Council Member Wroge expressed concerns regarding parking, especially residential street parking. Mayor Goettel agreed with Council Member Wroge. Mr. Dettling stated the site is currently tax-exempt and the proposed project would add property taxes estimated at $40-70,000 a year. Council Member Elliott said he understands the necessity of developing the site but maybe not multi-family housing on Penn Avenue. Special Worksession Minutes -2- April 28, 2009 Community Development Director Stark explained in order to develop the site for multi-family housing the Comprehensive Plan would need to be changed depending upon the number of units and then it would need to be rezoned. It appears that few, if any, variances would be needed based upon the current site plan. Council Member Fitzhenry expressed concern about losing the neighborhood texture with the area getting too dense. Council Member Wroge expressed concern regarding the potential use of tax increment financing (TIF) when the area is not blighted. He again voiced concern regarding adequate parking. Mayor Goettel stated she did not support subsidizing the project, it needs to fit into the neighborhood to scale and there should be mixed rate housing because studies indicate students perform better in that living situation. Community Development Director Stark suggested the City Council consider establishing a process for envisioning what the City Council, school, and public wish for the site. The City Council consensus was to have more discussions on this matter and have PPL obtain feedback-from the neighborhood on their acceptability of this project. Item #2 DISCUSSION REGARDING WATER CONSERVATION RATE STRUCTURE (COUNCIL MEMO NO. 66) Public Works Director Eastling discussed the Minnesota Department of Natural Resources (DNR) requirement of all water supply systems serving more than 1000 residents adopting a Conservation Rate Structure. He made a PowerPoint presentation defining the issue and process (City Clerk File No. C-449). A rate structure should be established by September 2009 and must be implemented on January 1, 2010. The City Council consensus was to have staff, not a consultant, proceed with clarification of the DNR guidelines, gather data from other cities and Richfield data based on homeowner, not renter, usage to establish a structure for a City Council review and discussion. ADJOURNMENT The meeting was adjourned by unanimous consent at 6:56 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Steven L. Devich Recording Secretary City Manager J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting April 28, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:03 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; and Tom Fitzhenry. Members Absent: Sue Sandahl. 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; Brad Sveum, Fire Services Director; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. M/Fitzhenry, S/Wroge to determine the absence of Council Member Sandahl from the Special City Council Worksession and City Council Meeting of April 28, 2009 as an excused absence. Motion carried 4-0. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Council Meeting Minutes -2- April 28, 2009 M/Wroge, S/Elliot to approve the 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. Motion carried 4-0. Item #1 PRESENTATION BY HENNEPIN COUNTY ATTORNEY MIKE FREEMAN Hennepin County Attorney Freeman reported on crime trends and outcomes in the metro area Item #2 .COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS Amy Dusek, City of Richfield community liaison, announced the May 5 Cinco de Mayo event at Augsburg Park. Alma Dominguez-Ramos, Richfield High School student, announced the May 29 Face 2 Face event, an opportunity for youth and police to learn about each other and talk about community issues, at the Richfield Community Center. Public Safety Director Fritz presented a plaque to Council Member Fitzhenry in recognition of his retirement from 30 years service as a Richfield Police Officer. Council Member Elliott announced the May 1 FOWL dinner and also the May 1 the Richfield of Dreams - a Richfield Tradition in Baseball event. Council Member Elliott acknowledged the assistance and response provided by City staff, especially the City Manager, when he has questions. on issues. Council Member Fitzhenry congratulated long-time City employees Randy Hughes and Dan Mead on their upcoming retirement. City Manager Devich discussed the Richfield emergency preparedness program to address the recent swine flu outbreak. Item#3 COUNCIL APPROVAL OF AGENDA M/Wroge, S/Fitzhenry to approve the agenda. Motion carried 4-0. Council Meeting Minutes -3- April 28, 2009 Item #4 CONSENT CALENDAR 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 RESOLUTION NO. 10237 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 This resolution appears as Resolution No. 10237. 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 RESOLUTION NO. 10236 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 This resolution appears as Resolution No. 10236. Council Member Elliott questioned the submittal of grants (Item #4D) to assist property that is not owned by the City. Community Development Director Stark explained that this is a typical economic development function because Hennepin County cannot give grants to private properties to assist in identifying environmental hazards. The cost of cleanup of any hazards is the property owner's responsibility. Mayor Goettel thanked staff for their successful efforts in writing and obtaining grants. M/Goettel, S/Elliott to approve the Consent Calendar. Motion carried 4-0. Council Meeting Minutes -4- April 28, 2009 Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 CONSIDERATION OF SECOND READING OF ORDINANCE REPEALING DEVELOPMENT MORATORIUM CURRENTLY IN PLACE IN PENN AVENUE CORRIDOR S.R. NO. 93 Council Member Elliott presented Staff Report No. 93. M/Elliott, SNVroge that this constitutes the second reading of Bill No. 2009-9 repealing development moratorium currently in place in Penn Avenue Corridor, that it be published in the official newspaper and that it be made part of these minutes. Motion carried 4-0. Item #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 S.R. NO. 94 Mayor Goettel presented Staff Report No. 94. M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill No. 2009-10 diseased tree removal ordinance amending Richfield City Code Section 910, Subsection 910.15 and alternative policy for diseased boulevard tree removal, that it be published in the official newspaper and that it be made part of these minutes. Council Member Wroge discussed his conversation with Sue Burke, Minnesota Department of Natural Resources (DNR), related to concerns with the proposed diseased tree removal process, the significance of the removal of an infected tree by July 15, stump removal, need for staff to be TICIP certified, and the ability to make a nuisance pest declaration anytime. Council Member Wroge suggested the City Council consider inviting Ms. Burke or a University of Minnesota representative to a City Council meeting. He also requested the City Council consider putting the proposed ordinance and policy on hold until these individuals could address the City Council. Public Works Director Eastling introduced City staff, Jaeson Morrison and Chris Link, as certified tree inspectors who are performing inspections and markings of diseased trees. Mayor Goettel suggested establishment of the diseased tree removal policy be after the DNR discussion. Council Meeting Minutes -5- April 28, 2009 Public Works Director Eastling stated the policy permits flexibility in the tree removal process with different diseases. However, staff is open to City Council direction and clarification. The focus of staff in the summer is street maintenance so use of a contractor could get infected trees down by July 15. , Council Member Fitzhenry stated the ordinance gives the ability to recommend the policy guidelines and is quicker to establish than a new ordinance requiring additional time for the required first and second reading. City Attorney Heine explained the ordinance allows the Public Works Director to specify the time period based upon the type of infestation for tree removal. The policy works off the ordinance as established by City Council direction or an adopted resolution. City Attorney Heine added that if there are substantial modifications to the proposed ordinance, a new first and second reading is suggested to allow time for public review. Council Member Elliott stated the ordinance accomplishes the flexibility to address the process for various diseased tree removal. City Manager Devich said he would prefer the policy be established by City. Council resolution. Mayor Goettel amended her original motion to indicate establishment of an alternate policy to be set by the City Council for diseased tree removal at a future City Council meeting. Council Member Wroge seconded the amended motion. M/Goettel, S/Wroge that this constitutes the second reading of Bill No. 2009-10 diseased tree removal ordinance amending Richfield City Code Section 910, Subsection 910.15; that it be published in the official newspaper and that it be made part of these minutes, and that an alternative policy for diseased boulevard tree removal be established at a later date. Motion carried 4-0. Item #8 CONSIDERATION OF AWARD OF CONTRACT TO NORTH STAR TREE CARE OF DISEASED TREE REMOVAL FROM PRIVATE PROPERTY IN 2009 FOR AMOUNT OF $110,189 S.R. NO. 95 Council Member Fitzhenry presented Staff Report No. 95. M/Fitzhenry, S/Goettel to approve award of contract to North Star Tree Care of diseased tree removal from private property in 2009 for amount of $110,189. Motion carried 4-0. Item #9 CITY MANAGER'S REPORT None. Council Meeting Minutes -6- April 28, 2009 Item #10 CLAIMS AND PAYROLL M/Wroge, S/Fitzhenry that the following claims and payrolls be approved: U.S. BANK 04-28-09 A/P Checks: 185199 - 185505 PAYROLL 57165 - 57478, 41417 - 41421 $ 1,872,286.36 $ 505,434.59 TOTAL Motion carried 4-0. OPEN FORUM None. $ 2,377,720.95 The City Council meeting was adjourned by unanimous consent at 8:05 p.m. Date Approved: Cheryl Krumholz Recording Secretary Debbie Goettel Mayor Steven L. Devich City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager May 7, 2009 Council Memorandum No. 74 The Honorable Mayor and Members of the City Council Subject: Miss Richfield Ambassador Recognition (Council Agenda Item No. 1) Council Members: This year, there are 11 candidates for Miss Richfield Ambassador. The coronation is scheduled for Sunday, July 5 at 6 p.m. at the Richfield Middle School. There are also 11 candidates for Richfield .Junior Ambassador, with the coronation scheduled at 6:30 p.m. on July 4 in the ice arena parking lot on the main stage. Certificates of Appreciation will be given to current royalty and this year's candidates at the May 12, 2009 City Council meeting. Biographies for each are attached. SLD:cak Attachment E-mail: Department Directors Assistant to the City Manager 2008-2009 Current Richfield Ambassador Royalty Richfield Ambassador Anna Case Anna is currently a senior at Richfield High School. She has many interests including jogging, playing softball, camping, and listening to music. Anna also loves to make people laugh and smile. Her caring nature has been demonstrated through her work as a volunteer with the United Way and Special Olympics. In the future, Anna plans #o attend college with hopes of attaining a degree in the medical field. Anna is the daughter of Paul and Karen Case. Edward Jones -Steve Larson was thrilled to support Anna's candidacy. . Richfield Ambassador Bounkheana Chhun Bounkheana will soon complete her senior year at Richfield High School as well as her second year as apost-secondary student at the University of MN. At RHS, Bounkheana has participated in Cross Country Running, Student Government, and Nordic Skiing. She was also .,named the RHS Delegate for a MN MILE seminar the summer before her Junior year. In her spare time, Bounkheana enjoys watching foreign movies, reading, grid traveling. Bounkheana is the daughter of Bounna and Bunkhean Chhun. The Hearing Stores of MN was proud to sponsor Bounkheana as a candidate. Richfield Ambassador Sarah Flynn Sarah is excited to conclude her senior year at Richfield High School in this spring. Sarah has been very active at RHS serving as Student Government Secretary and captain of both the Varsity Tennis and Varsity Golf teams. In the future, Sarah plans to pursue a higher degree with hopes of someday owning her own Interior Design business or becoming a doctor. In her spare time, she likes to listen to music, play the piano, read a good book, and spend quality time with family and friends. Sarah is the daughter of Peter and Lois Flynn. Bremer Bank proudly sponsored Sarah's candidacy. Richfield Junior Ambassador Catherine Dysart Kate, daughter of Pete and Janel Dysart, just completed 1St grade. She likes watching the fireworks with her family by the City pool and her favorite place in Richfield is Augsburg Park. As a candidate, Kate was sponsored by Wells Fargo. Richfield Junior Ambassador Francia Figueroa Francia, daughter of Carlos and Yuriria Figueroa, completed 3rd grade this year. Her favorite thing about the 4th of July is the fireworks and she likes having fun with her family. at the Richfield pool. Francia was sponsored by Gramercy Lake Shore Drive as a candidate. 2009 Richfield Ambassador Candidate Bios Maria Carillo is completing her junior year at Richfield High School where she is active with the .soccer and track teams as well as a member of DECA and the yearbook. Maria says she joined this program because she wants to be a role model and help people be the best version of themselves. Maria's future will include afour-year college where she plans on obtaining a degree in education. The daughter of Abigail Perez, this writer and photographer is sponsored by Bremer Bank. Alma Dominguez-Ramos is the seventeen-year-old daughter of Felix Dominguez and Socorro Ramos. This RHS junior participates in cross country running and.track and field. She also enjoys watching movies, drawing, and math and science. In the future she hopes to attend St. Cloud State University to become a middle or high school math teacher. Alma is excited to meet new people and get involved in things throughout Richfield. Alma is sponsored by TCF Bank. Katelin Freeman likes to travel and do pottery. Katelin's future holds a degree in art history with a minor in theater. This will help her achieve her goal of starting anon-profit organization to help teens overcome their problems through art. As a candidate Katelin hopes to help people and keep them positive. Katelin is currently a junior at RHS where she is part of the tennis and softball teams, as well as being active in the theater. Katelin is the daughter of Scott and Gayle Freeman and is sponsored by The Hearing Stores of Minnesota. Aleksandra Jeffrey, a junior at RHS, likes karate and reading. She also enjoys learning about other cultures in history. and her science classes. Aleks is hoping to learn more about Richfield and meet new people through the Ambassador Program. This seventeen-year-old daughter of Mariola Jefferey hopes some day to become a family doctor or pediatrician. The Richfield Women of Today is proud to sponsor Aleksandra. Ariel Keeton will be graduating this June from RHS and has already completed two years pot secondary at Normandale Community College. Ariels future includes joining Americorps and traveling as much as possible. She enjoys reading, dancing, biking, and being part of the Colorguard. Ariel is part of the Ambassador program so she can have new and exciting experiences. Sponsored by Comcast, Ariel is the daughter Deborah Keeton. Becca Knudsen will graduate from RHS in 2010. AT RHS Becca plays on the volleyball team and also enjoys spending time at her cabin and being outside.. Becca's future will include afour-year college and while she has about seven differentmajors that interest her, she does know she wants to minor in coaching. Being part of this program Becca hopes to unite everyone in Richfield and be a role model especially for. the younger citizens. The daughter of Pete and Jennie Kundsen, Becca is sponsored by J and B Equipment. Emily Mattila enjoys spending her time volunteering at the library, playing the violin, and being part of the Girl Scouts. At school she enjoys being part of knowledge bowl and the newspaper. The daughter of Richard and Elaine Mattila, she will graduate from RHS this June. After that she plans on attending a college to major in international affairs so she can travel the world. Emily wants to be an Ambassador so she can educate the public and develop into, a strong leader while working on public speaking. She is sponsored by Richfield Bloomington Credit Union. Shelagh Nelson is a senior at the Academy of Holy Angels where she plays volleyball, soccer, and track and field. When she does have- spare time, Shelagh also enjoys volunteering and working with SADD and Campus Ministries. ~ After graduation Shelagh plans to attend a university to become a nurse and eventually becoming a nurse anesthetist. Being part of this program is important to her because she wants to be a role model for younger children and learn more about herself and others. Broadway Pizza is Shelagh's sponsor.. Emily Schnacky~ is the daughter of David Schnacky. She likes to play the oboe, golf, go camping, biking, and participates in cheerleading and gymnastics. A RHS senior, Emily hopes to attend afour-year college in the fall and while she is uncertain about her major she hopes to enter a field where is would make a difference in people's lives. As an ambassador Emily would hope to improve her communication skills while making lifelong memories and representing her hometown. Sponsoring Emily is Bon Auto Body. Sylvia Springer is hoping to be an ambassador so she can volunteer and become more active in Richfield. The daughter of Linda Boyd, Sylvia loves to do yoga and is hoping this summer to become a certified teacher. She also loves music and wants to become fluent in French. A senior at RHS, Sylvia has been attending PSEO at the University of Minnesota for the past two years. Her future includes a flat in London and weekends in France. To get there she is attending Winona State University to major in French. Sylvia is sponsored by the Minnesota School of Business. Vanessa Uko likes to read, spend time with her family and volunteer as a junior optimist. In school she participates in soccer, basketball, track, and student government. The daughter of Marcus & Priscilla Kalu, Vanessa is a junior at RHS. As an ambassador Vanessa hopes to work with kids and volunteer while helping people. Vanessa's future involves afour-year university and going to work as a chemical engineer. The Edward Jones office of Steve Larson is Vanessa's sponsor. 2009 Richfield Junior Ambassador Candidate Bios Madyson Bakke, a 2"d grader, is the daughter of Christopher and Jessica Bakke. She likes seeing the squirrels and bunnies at Wood Lake. Nature Center and her favorite 4th of July event is the fireworks. Madyson is proudly sponsored- by the Richfield Chamber of Commerce. Ava Ruth Barry, daughter of David and Marlena Barry, is in first grade. She enjoys playing in the Richfield pool and likes spending time with her friends at picnics during the 4tn of July. Richfield Bus Company is proud to sponsor Ava. Megan Rose Bloom-Sutter, a kindergartner, is the daughter of Kim and Dave Bloom. She likes the parade and getting together-with people on the 4tn of July and loves going to the Richfield pool. Popeye's is Megan's sponsor. Mind Bolar, a first grader, is the daughter of Glen and Judy Bolar. She likes watching the 4t of July fireworks with her family and loves going to the Farmer's Market at Veterans Park. Mindy is sponsored by Xcel Energy. Josephine Carson, daughter of Sara and Troy Carson, is in 1St grade. She loves going to the 4tn of July parade and wants to be an artist when she grows up. The Optimist Club of Richfield is sponsoring Josephine. Alyssa Dvorak, a kindergartener, is the daughter of John and Janet Dvorak. She enjoys swimming at the Richfield pool and her favorite 4tn of July event is the parade. Postnet is proudly sponsoring Aylssa. Riley Herling, daughter of Michelle and Derrick Herling, is in kindergarten. She likes going to the parks in Richfield and she loves the 4tn of July parade and carnival. Riley is sponsored by the Blue Iris Center for Therapeutic Services. Erin Jones, daughter of Scott and Sharon Jones, is a kindergartner. Her favorite place in Richfield is her school, Centennial Elementary, and she loves watching the 4tn of July fireworks. Erin is sponsored by Comcast Cable. Ava Schneeberger, daughter of Gina and Steve Schneeberger, is in kindergarten. Her favorite place in Richfield is Dairy Queen and. she enjoys watching the 4t" of July -- parade. Ava is proudly sponsored by Back to Health Chiropractic and Massage. Charlie Schwab, a kindergartner, is the daughter of Steve and Liza Scwab. Her favorite place in Richfield is her house and she likes watching the parade during the 4tn of July. Aspen Waste. is sponsoring Charlie. Kyleigh Zent, daughter of Kathy and Terry Zent, is in kindergarten. Her favorite 4tn of July activity is the parade and she loves learning about animals at Wood Lake Nature Center. Schneeberger's Edina Realty is Kyleigh's sponsor. AGENDA SECTION: Consent AGENDA ITEM # 11A REPORT # q6 ~- STAFF REPORT CITY COUNCIL MEETING MAY 12, 2009 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: r,~, JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR NatirE, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request to amend a conditional use permit to allow an increase in the number of children to be served by day care facilities at 7132 Portland Avenue (Hope Presbyterian Church). ~~ I. ~ RECOMMENDED ACTION: ~~ By Motion: Recommend approval of an amendment to a conditional use permit to allow day care services for a total of up to 244 children at 7132 Portland Avenue (Hose Presbyterian Church). II. BACKGROUND The Richfield Montessori and Childcare Center has been leasing space from the Richfield School District for over eleven years. The first seven years, they were located in the Lincoln Hills School and the past four years they have been in a facility adjacent to Richfield High School. In order to accommodate their own changing needs, the school district has informed Richfield Montessori that they will. not renew the lease in the future. Richfield Montessori plans on serving 62 children next year, but would like the flexibility to expand that to serving 75 or more children in subsequent years. Hope Presbyterian Church, at 7132 Portland Avenue, was initially granted a conditional use permit (CUP) in 1996 authorizing them to serve 65 children in their latch-key program in addition to the 55-60 children in their pre-school program (for a total of 120 children). The facilities and parking, however, are sufficient to allow them to serve many more children. In 2007, the Richfield City Council approved a temporary change to the CUP for a period of more than six months to serve up to 155 children. 051209 ACUP 7132 Portland Furthermore, the church's licensing allows them to serve 175 children; a number which could be increased provided that licensing requirements are met. Staff is unaware of any issues or concerns that arose during the period that the Church's CUP allowed 155 children (June to December 2007). The property includes 277 parking spaces. Richfield's Zoning Ordinance relates parking needs for pre-school and elementary school uses based on staff; the requirement is one space per employee plus eight spaces for visitors (or, in the case where there are more than 80 students, one space per staff person, plus one visitor space per ten children). The 277 .parking spaces, therefore, would be more than enough to serve a 244-child facility. With the addition of the 62 Richfield Montessori students, Hope Presbyterian would be serving a grand total of approximately 182 children. They are applying for a CUP Amendment to serve up to 244 children; however, to avoid a recurring need for seeking further CUP Amendments. Children would be dropped off at the Fourth Avenue entrance (midway between 71st and 73rd Streets). There are open drop-off and pick-up periods are during a range of time, thus avoiding arrival of cars at the site simultaneously. The Planning Commission held a public hearing regarding this request at their April 27, 2009 meeting. All residents located within 350' of the property were notified of this public hearing, but none were present to testify. The Planning Commission voted unanimously to recommend City Council approval. III. BASIS OF RECOMMENDATION A. POLICY Day care facilities serving more than 12 persons which are located within non- residential buildings are conditionally permitted in the R District. The findings necessary to issue a CUP (547.09, Subd. 6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The property is designated as "Quasi-Public", which is consistent with a school facility. b) The proposed use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. This .requirement is met. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement does not apply, as there are no official redevelopment plans for this site. d) The proposed use is or will be in .compliance with the performance standards specified in Section 544 of this code. This requirement is met. The site is already in compliance with the performance standards section of the code. e) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. f) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. g) There is a public need for such use at the proposed location. This requirement is met. The child care center currently operates within the City; the proposed change allows them to remain in the area. h) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, as explained below. Day care facilities serving more than 12 persons which are located within non- residential buildings are conditionally permitted in the R District, as specified in Section 514.07, Subdivision 9 of the Zoning Code. This section of the Zoning Code specifies two requirements, as follows: a) Designated pick-up and drop-off areas shall be located on the site. This requirement is met. A drop-off area is depicted on the enclosed plan and is immediately adjacent to the school entrance. b) Outdoor plan areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. This requirement is met. No new outdoor play areas are proposed. B. CRITICAL ISSUES • Richfield Montessori and Childcare Center would like to continue to operate in Richfield. • Hope Presbyterian Church provides adequate space and parking for this use. • There has been no known issues or complaints during the period that the Church was authorized to serve up to 155 children. C. FINANCIAL • The required CUP application fee has been paid. D. LEGAL Zoning: R -Single-family Residential Land Use: Current: Hope Presbyterian Church and childcare services Proposed: .Same Comprehensive Plan: Quasi-public Notification: N/A Other Actions: Planning Commission recommended approval at their April 27, 2009 meeting. Council: Scheduled for City Council review May 12, 2009. HRA: N/A Hearing Examiner: N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Approve an amended version of the resolution authorizing an amendment of the Conditional Use Permit to serve 182 children (the actual number that the facility intends on serving in fall 2009). This would require the Church to return for further amendment for any future growth or changes. ~~ V. ATTACHMENTS • Resolution • Site plan • Interior plan • Area zoning & land use maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative of Richfield Montessori and Childcare Center. • A representative of Hope Presbyterian Church. l!A-I RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW DAY CARE SERVICES FOR UP TO 244 CHILDREN AT 7132 PORTLAND AVENUE WHEREAS, an application has been filed with the City of Richfield which requests an amendment to a conditional use permit for day care facilities serving up to 244 children on land generally located at 7132 Portland Avenue, legally described as: Lot 1, Block 1, Hope Presbyterian Church Addition. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment at 7132 Portland Avenue at its April 27, 2009 meeting, and WHEREAS, this requested amendment at 7132 Portland Avenue meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09, Subd.6; and WHEREAS, the City has fully considered the request for approval of the amended conditional use permit; . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amended conditional use permit. is issued to allow day care facilities serving up to 244 children, as described in City Council Letter No. , on the Subject Property legally described above. 2. This amended conditional use permit at 7132 Portland Avenue is subject to the following conditions in addition to those specified in Section 514.07 Subdivision 9 of the City's Zoning Ordinance: • .That the recipient of this conditional use permit record this resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1 and Richfield Zoning Code 546.05, Subdivision 7. 2009. 3. The conditional use permit shalt remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 547.09, Subdivision 8. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of May, Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ,.. .. HOPE PRESBYTERIAN CHURCH~j ~ ~ ~ . ~ _ ~- 7132POR7LANDAVENUESOUTH, RICHFlELD, MN 55423 • 612/866-4055 f f~ ~.._. ---- _.. ._.... .. __ I"ado'-~" . ~. ~-e-.._.__/ p----- • - ~ L___._ . ____ . 1 I ~l CrgfZs E'XIST' 5~.-G1U~f~.Y ~ . ul a I o u- ~~~ a~ ~~ 0 (` • a e ~-a o 9 o P a , ® o ® .. v W w ~~~~~~ ~Y ~~4r~~ FIST Silt A2F~: 3G~~,47~ ~F~/_ • FocTP>zirtl"' g4~,~'~4 ~F''§Y_ ~T~v 'F-i'ati't~l~~; r 2 ~7' e ~1ta5 . 0 Q r q •"~ F t 0 / Ky~~,//~' per' ~ / ~%// W T O r E-15 a -~~ ~ ~ ~ SANCTUARY i _ ATRIUM I RAAY' ~ F- i u q i' OFFICES CENTER ~ ~ ~'~ ` H130 - H139 ADMIN. OFFICES -{ ~ -~ L . -2O r E-2 CLASSROOMS COUNSELING CENTER E-13 ^ ~~ ~\~~ ~ F ~ 0 s ~_ _1 F E~ENTS ~ rE-3 BASEMENT ,. ~ `y r FE HOWiH1P ~ ~ 2 T • O • `- N a ~- Y~ ~ CHOIR. E U ~ ~ ~~ ,. TCHEN I ~ ~ ~ G ~~O rj ROOM j o Xi~ I ~ ~ x .r GYhI i,:. t '1 . o , ~ . KITC EN ;`,~{- U nm ! ON I o. ` RM `~ 9a 3~3 rE-6 ~ ~ Z •OURTYA D ~ C`1~'J ~ ._ CJ,~~o (~y~~ C.- o~ "/ / l ~ ~~l ~,,.~.AO• aM ~' o < ~ ~' ~ ~~~ - 0 ;~ ~n y LATC KEY °oo ,, ~i~.l''. Jj~ X U'~ - C,• /~~" ~'UNDAY CHOOL ~ ° ~~- J n ~ ' /J / ~ I ~J ~Q`t2~.~i^ ~~ i ~ v'/'Y"~ "~~7 ~, E-8 ^ C350-C357 ^ E-7 ~I Z,-e- ~ ~9) ~ ~.x' ~ ~~ ~ = C ~/O~ O . ~ ~ .' NURSE Y SCHO L (/ S~ NDAY S HO L ~ )C~i) ; /'_.`_'._ n jMh GL~''.~ 5ll~i,~NG-ecru-+~ >~~°~P~ ~~'' / /w t~ ~i~`o~zylp/ _ ~W~Qv-ilk h•u. uu'~^`~v+s~~O 7132 Portland -ACUP 4/09 w e^ ~ N A 0 90 180 360 540 720 Feet CD-CC 4/22/09 R -Single-family Residetnial MR-1 -Two-family Residential MR-2 -Multi-family Residential 7132 Portland -ACUP 4/09 Surrounding Land Use N A 0 70 140 280 420 560 Feet CD-CC 4/22/09 RES -Single-family Residetnial DPLX -Two-family Residential APT -Multi-family Residential -AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING MAY 12, 2009 Consent 11~ 97 REPORT PREPARED BY: MARK HALL, FLEET AND PARK MAINTENANCE SUPERVISOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of two zero turn mowers. I. RECOMMENDED ACTION: By Motion: Approve a purchase order to Weekend Freedom in the surn of $29,391.87 for two new zero turn mowers. II. BACKGROUND Units 360 and 408, an Ingersol tractor mower and a Toro 325-D mower are fully depreciated and due for replacement in 2009. These two mowers will be replaced with Zero turn (Z) mowers, which have been proven to be much more productive in our Park mowing operation. The two Z-mowers currently used in our Parks mowing operation have increased efficiency so crews are able to mow all City parks. in less than one week, with acceptable weather. Staff obtained the following two quotes for the purchase of the Z mowers: Company Base Price Base Price Plus Tax Total for 2 mowers MTI Distributing (State Contract) $13,990.00 $14,900.35 $29,607.00 Weekend Freedom $13,799.00 $14,695.935 $29,391.87 051209zmowers III. BASIS OF RECOMMENDATION A. POLICY • Purchases less than $100,000 can be made using two or more quotes for the purchase. B. CRITICAL ISSUES • Approval at the May 12, 2009 Council meeting will facilitate delivery of the new Z-mowers C. FINANCIAL • $26,000.00 for the purchase of these Z-mowers is in the Central Garage 2008 Budget (61000-7500). • The Budget will be revised in 2009 to cover the additional cost of the total purchase. This revision is not expected to increase the total budget in (61000-7500) as other equipment purchases have been made at a lower than expected cost. D. LEGAL • When the purchase of materials, merchandise, equipment, or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: AGENDA ITEM # REPORT # ~J STAFF REPORT CITY COUNCIL MEETING MAY 12, 2009 PUBLIC HEARING REPORT PREPARED BY: JIM TOPITZHOFER, RECREATION SERVICES DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading regarding the transitory ordinance authorizing the planning, design and construction of the renovation of Lincoln Athletic Complex (continued from April 28, 2009 I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve second reading of the attached transitory. ordinance authorizing the planning, design and construction of the renovation of Lincoln Athletic Complex and 2. Approve resolution for summary publication of the transitory ordinance. II. BACKGROUND A group of ten citizens represented by the Community Services Commission, Richfield Girls Softball Association and Richfield Baseball Inc., has been assembled to begin plans for the renovation of Lincoln Athletic Complex. City Council approved a contract with Busch Architects on November 25, 2008, to assist with the initial step of preliminary design and cost estimates. The group began their design process by conducting a public meeting on December 17, 2008, to gather initial inpuf from residents. Busch Architects conducted five programming sessions with the group, developed the attached site plan and presented the plan to the public again on February 25, 2009. The group then presented their plan to City Council on March 10. The City Council gave 0512 Lincoln Renovation .Project conceptual approval for the project, provided the total project cost did not exceed $1,500,000. The project scope includes four multipurpose ball fields ranging. from 210 feet to 220 feet to center fence. A small concession building is located in the center of the complex, equipped with restrooms and storage.. Play equipment is also located in the center of the complex with overhead netting to protect kids from fly balls and the sun. A 75-car parking lot is located on the south end of the park with privacy fence and landscaping to screen the parking lot from the homes along the,park's south property line. III. BASIS OF RECOMMENDATION 1~. hOLIC.Y • 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. • A legal notice of the public hearing was published on April 30, 2009 and May 7, 2009. The first reading of the attached transitory ordinance was conducted on March 24, 2009. • Planning Commission reviewed the project site plan on April 27, 2009 and. is recommending approval. 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. • 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 • Proposed transitory ordinance. • .Resolution. VI. PRINCIPAL PARTIES EXPECTED A'T MEETING • None ~~~i BILL NO. Transitory Ordinance Ao: _ 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 ca ital 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 improvemerrt 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 comp)yy 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 Pro11'ect, 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 12th day of May, 2009. e ie oette , ayor ATTEST: ancy i s, ity erk ( ~-oZ. RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF A TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE RENOVATION OF LINCOLN ATHLETIC COMPLEX, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04 WHEREAS, the City has adopted the above referenced ordinance to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2009 - TRANSITORY ORDINANCE APPROVING A CAPITAL IMPROVEMENT PROJECT FOR THE RENOVATION OF LINCOLN ATHLETIC COMPLEX, PURSUANT TO RICHFIELD CITY CHARTER SECTION 8.04. This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance authorizes a capital improvement project consisting of the design, engineering and construction of the renovation of Lincoln Athletic Complex. The preliminary estimate for total construction cost is $1,500,000.00. Copies of the ordinance are available for public inspection in the Recreation Services Department during normal business hours or upon request by calling Recreation Services Director Jim Topitzhofer (612-861-9394). Adopted by the City Council of the City of Richfield, Minnesota this 12th day of May 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM #. REPORT # STAFF REPORT CITY COUNCIL MEETING MAY 12, 2009 Resolutions 14 99 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for establishments in Richfield that underwent tobacco compliance checks that were conducted by Richfield Public Safety staff, and failed by selling tobacco to underage youth. RECOMMENDED ACTION: By Motion: Conduct a disciplinary hearing and approve the attached resolution: 1. suspending the license to sell tobacco for two (2) consecutive days for the second time violating establishment; 2. levying a fine against the establishments in the amount of $400 for a second time violation; and 3. proposing that the Public Safety Director select the two consecutive davs that the license will be suspended. II. BACKGROUND On March 13, 2009, Richfield Public Safety staff conducted tobacco compliance checks at all of the establishments in Richfield that sell tobacco. They were assisted by three underage youth that were 17 years of age. These compliance checks were the first checks conducted in 2009. 0512 Disciplinary Action for Tobacco Compliance Failures The police division made arrangements for the minors to enter the establishments with undercover police officers. In four instances, tobacco was sold to underage youth. The following businesses sold tobacco to underage youth on March 13, 2009: Ike's Gifts - 2306 West 66th St. Richfield Amoco - 7544 Lyndale Avenue South Super America - 826 W 66th St. American Legion - 6501 Portland Ave. So. This is a second offense for Super America and Richfield Amoco. They will be fined $400 and there will be a two (2)-day suspension. Due to the fact that this is the first offense for Ike's Gifts and the American Legion, their licenses will not be suspended, nor will they be required to appear before the City Council. They each will, however, will be fined $200. At no time did any of the minors use the tobacco products. The youth presented their IDs, if requested, and at no time attempted to convince anyone that they were of legal age. Establishments were visited at various times, busy or not busy, in an effort to determine if busy times produced more successful buys. It doesn't appear to have made a difference at either time. After each attempt, successful or unsuccessful, the officers identified themselves to the clerks. A citation was issued to the clerk if they failed. If the underage youth was unsuccessful in purchasing tobacco, officers congratulated the clerk. The employee that sold tobacco will be charged criminally in court. The action being taken today is for civil enforcement and penalties against the businesses that hold a license to sell tobacco within the City. The fines being recommended at this time are intended to recover 100% of the costs for conducting the compliance checks and to penalize the businesses punitively. Compliance checks will continue to occur in the future.. It is also recommended that 15% of the punitive fines be designated for future tobacco and alcohol education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Richfield City Code section 1146 specifies certain improper conduct of tobacco license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of tobacco to minors. • Staff recommends that the City Council suspend the license to sell tobacco for two (2) consecutive days for the second time violating establishment and levying a fine against the establishment in the amount of $400. Staff further recommends that the Public Safety Director select the two (2) consecutive days that the license will be suspended. B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell #obacco to underage youth. • Citizen representatives of the Richfield Advisory Board of Health support severe actions against establishments- in an effort to protect the youth of the community and to send a message that youth and their well-being are a high priority in this city. C. FINANCIAL • All costs of conducting compliance checks will be reimbursed through the fines that are levied against an establishment for failing a tobacco compliance check. Furthermore, 15% of the punitive fines are designated for future tobacco and alcohol educational efforts within the community. D. LEGAL • N/A E. ENVIRONMENTAL CONCERNS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to take no action against the establishments for the sale of tobacco to a minor, which would result in no disciplinary actions against the establishments. This would, however, send a message to the community that children and their well being are not a priority in Richfield. • The Council may consider taking more or less severe action against the establishments that sold tobacco to underage youth; however; that would deviate from the guidelines set for progressive discipline in City Code 1146. V. ATTACHMENTS • Resolution for Super America and Richfield Amoco. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • A representative from the establishments is expected to be in attendance at the meeting. They have been notified in writing of this requirement. ~ ~-~ RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR SUPER AMERICA, 826 WEST 66TH STREET AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Super America ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on March 13, 2009, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their second failed tobacco compliance; and WHEREAS, the Licensee appeared before the City Council on May 12, 2009 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of two (2) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take. place within 30 days of their Council appearance. 2. A civil penalty of $400 is hereby imposed. On or before June 12, 2009, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400. Passed by the City Council of the City of Richfield this 12th day of May 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~- RESOLUTION NO. RESOLUTION SUSPENDING THE TOBACCO LICENSE FOR RICHFIELD AMOCO, 7544 LYNDALE AVENUE SOUTH AND IMPOSING A CIVIL PENALTY FOR SECOND TIME TOBACCO COMPLIANCE FAILURE WHEREAS, Richfield Amoco ("Licensee") holds a license to sell tobacco products within the City of Richfield; and WHEREAS, on March 13, 2009, the City of Richfield Public. Safety Department conducted a compliance check of the Licensee's establishment, and during the compliance check, an employee of the Licensee sold tobacco to a minor; and WHEREAS, this is their second failed tobacco compliance; and WHEREAS, the Licensee appeared before the City Council on May 12, 2009 and admitted the violation and stipulated to the suspension and penalty imposed by this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Licensee's tobacco license is hereby suspended for a period of two (2) consecutive days, commencing on a date to be determined by the Public Safety Director, but to take place within 30 days of their Council appearance. 2. A civil penalty of $400 is hereby imposed. On or before June 12, 2009, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $400. Passed by the City Council of the City of Richfield this 12th day of May 2009. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Other Business AGENDA ITEM # 15 REPORT # lO0 ~- STAFF REPORT CITY COUNCIL MEETING MAY 12, 2009 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR I/A,1 AC T)T/ C DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: -ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for site plan approval to allow the renovation of Lincoln Park at 7500 Pleasant Avenue. I. RECOMMENDED ACTION: By Motion: Recommend approval of the attached resolution constituting site plan approval-for 7500 Pleasant Avenue,(Lincoln Park). II. BACKGROUND The expansion of the Minneapolis/St. Paul International Airport in the mid-1990's resulted in the loss of several baseball/softball fields in the "New Ford Town" portion of the community. Since that time, it has been a goal of policymakers and the community at-large to locate new ballfields in Richfield to replace those lost. The Richfield Ballfield Replacement Task Force was formed in 2003. Their efforts resulted in a 2005 study finding that included a recommendation that Lincoln Park (at 7500 Pleasant Avenue) be renovated to provide four regulation-sized girl's softball fields. Based on public input, a design of the park and its ballfield facilities was drafted in 20.08 and 2009. Public meetings were held on Dece-tuber 17, 2008 and February 25, 2009 in an effort to garner input from neighbors, community members and park patrons. Invitations to the meetings were sent to residents adjacent to the park. On March 10, 2009 the City Council approved the plans at a conceptual level, but withheld final approval pending their consideration of this site plan approval on May 12. 051209- SPA 7500 Pleasant In addition to the four regulation-sized girl's softball fields, the renovation of Lincoln Park would include a concession stand, 75 parking spaces, playground features and landscaping improvements. Richfield's Zoning Ordinance does not contain a specific parking requirement for ballfields. In the case where our Ordinance does not provide sufficient parking guidance, the City Planner applies their best judgement. It has been standard practice to refer to the American Planning Association's (APA) Parking Standards handbook in such cases. For ballfields, the APA recommendation ranges from 10 to 25 spaces per field; the large range is due to the differing intensity of use based on programming and ages of players. Staff has concluded that the proposed 18.75 spaces per ballfield should be sufficient given the availability of on-street parking on Pleasant Avenue for the relatively infrequent high-attendance events. The Planning Commission held a public hearing regarding this request at their April 27, 2009 meeting. All residents located. within 350' of the property were notified of this public hearing. Only one resident spoke at the public hearing, testifying about their concern regarding negative impacts on property values associated with being adjacent to the proposed parking area. The. Planning Commission voted unanimously to recommend City Council approval. I. BASIS OF RECOMMENDATION A. POLICY • Site plan approval is required for an intensification of institutional uses in the R-Single Family Residential District. • All planning and zoning criteria are met. • In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following: a) Consistency with the elements and objective of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; b) Consistency with the requirements of the Zoning Ordinance; and c) Creation of a design for structures and site features which promote the following: i. An internal sense of order among the buildings and uses; ii. The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; iii. Energy conservation through the design of structures and the use of landscape materials and site grading; and iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. B. CRITICAL ISSUES • The proposed plan provides the City with an opportunity to replace recreational facilities lost to airport expansion and to meet the needs of local youth athletics. • Ballfields have been sized and located in such a fashion as to minimize the risk of errant balls causing property damage. • Several technical issues (such as pavement thickness, utilities locations, etc.) were raised at the staff's Administrative Review Committee on April 16, 2009. Final permits will not be issued until these issues are resolved. G FINANCIAL • It has been administrative policy to waive local permit fees for City applications. D. LEGAL • N/A IL ALTERNATNE RECOMMENDATION(S~ • Recommend approval of the proposed site plan with additional stipulations or amendments. • Recommend denial of the proposed site plan. III. ATTACHMENTS • Resolution • Proposed plans • Area zoning & land use maps IV. PRINCII'AL PARTIES EXPECTED AT MEETING • Jim Topitzhofer, Recreation Services Director 1~~1 RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 7500 PLEASANT AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plan for the parcel of land located at 7500 Pleasant Avenue, legally described as: The West 468.68 feet of the East 493.68 feet of the that part of the South 20.00 acres of the North 30.00 acres of the Northwest quarter of the Southwest quarter lying South of the North 4.00 feet thereof in Section 34, Township 28, Range 24, Hennepin County, Minnesota. WHEREAS, the requested site plan has been reviewed by staff and meets City requirements; and WHEREAS, the proposed site plan is consistent with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; and WHEREAS, the proposed site plan promotes an internal sense of order among buildings and uses, provides adequate vehicular and pedestrian circulation, promotes energy conservation, and minimizes any adverse environmental effects; and and WHEREAS, the City has fully considered the request for approval for the site plan; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota,.as follows: That a site plan providing four ballfields, concessions areas, playground features and 75 parking spaces is hereby approved with the following additional stipulations: a) That final architectural detail and landscaping plans be approved by the Community Development Director prior to the issuance of any permits. b) That all landscaping and site improvements be maintained and if necessary replaced in conformance with approved plans. 2009. 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