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07-23-02 agendaCITY OF RICHFIELD, MINNESOTA TUESDAY, JULY 23, 2002 REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open Forum (15 minutes maximum) Each speaker is asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: Pledge of Allegiance Approval of minutes of Regular City Council Meeting of July 9, 2002 PRESENTATIONS 1. Presentation about Richfield Enterprise Facilitation program 2. Presentation of City of Richfield Public Safety Medal of Merit Award to Richfield Police Officer Jeffrey Cook 3. Presentation of Award of Excellence from Minnesota Recreation and Parks Association to Frank White, City of Richfield Recreation Programs/Athletics Manager COUNCIL DISCUSSION ~~ • Schedule Special City Council Meeting to award contract for Phases One and Two Pool Renovation Project Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALF-NDAR 5. 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 City of Richfield application for federal Title V Minnesota Juvenile Delinquency Prevention Grant for January 1- December 31, 2003 from Minnesota Department of Economic Security in amount of $50,000 S.R. No. 178 B. Consideration of approval of scheduling Special. City Council Meeting on August 12, 2002 for review and discussion of 2002 Revised/2003 Proposed Budget and preliminary tax levy prior to certification to the County S.R. No. 179 C. Consideration of approval of resolution establishing just compensation and authorizing purchase of single family homes at 6614, 6620, 6626, 6632, 6638, 6644, 6700, 6708, 6714, 6720, 6726, 6732, 6738, 6744, 6715, 6721, 6727, 6733, 6739, 6745 18th Avenue and duplex homes at 6701 and 6709 18th Avenue; Airport Noise Acquisition Program S.R. No. 180 D. Consideration of approval of resolution approving subdivision waiver for Church of the Assumption, 305 East 77th Street S.R. No. 181 E. Consideration of approval of purchase of Microsoft software maintenance from Software House International in amount of $28,496.21 S.R. No. 182 F. Consideration of approval of resolution authorizing City's full participating membership in Local Government Information Systems and appointing City representatives to the Board of Directors S.R. No. 183 G. Consideration of approval of final payments on consultant engineering service agreements for costs incurred on 77th Street Reconstruction Project, Phases and I I S.R. No. 184 H. Consideration of approval of itinerant place of amusement and itinerant food licenses for Arc's Value Village Thrift Store, 6528 Penn Avenue, 29th anniversary celebration on August 18, 2002 S.R. No. 185 ~ Notes: 6. Consideration of items, if any, removed from Consent Calendar PUBLIC HEARINGS 7. Public hearing and consideration of resolution-authoriz+ng licensed daycare facility conditional use permit to allow child care center to operate at 1500 East 78th Street Staff Report No. 186 Notes: 8. Public hearing and consideration of resolution authorizing Class II restaurant conditional use permit to allow bakery with food service to operate at 2928 West 66th Street (Southdale Square) Staff Report No. 187 Notes: 9. Public hearing regarding issuance of new on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., Two West 66th Street Staff Report No. 188 Notes: 10. Public hearings and consideration of resolutions adopting special assessment rolls for January 1 through December 31, 2001: • Removal of diseased trees from private property Staff Report No. 189 Notes: • 77th Street maintenance Staff Report No. 190 Notes: • Lyndale/HUB/Nicollet maintenance Staff Report No. 191 Notes: 11. Public hearings and consideration of resolutions to specially assess for current maintenance services for January 1 through December 31, 2003: • 77th Street maintenance Staff Report No. 192 Notes: • Lyndale/HUB/Nicollet maintenance Staff Report No. 193 Notes: RESOLUTIONS 12. Disciplinary hearings and consideration of resolutions regarding civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks conducted by Richfield Public Safety staff and failed by selling alcohol to underage youth Staff Report No. 194 Notes: OTHER BUSINESS 13. City Manager's report Notes: 14. 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 asked to complete a speaker's form and provide it to a staff member. Speakers are also asked 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. Notes: 15.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861- 9702. AGENDA SECTION: Resolutions AGENDA ITEM # j 2 REPORT # 19 4 J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIItECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATU REVIEWED BY CITY MANAGER: ~~ _ ~---/~ ~ ,% ~ ITEM FOR COUNCIL CONSIDERATION: Council consideration of a disciplinary hearing and resolutions regarding civil enforcement for alcohol establishments in Richfield that recently underwent alcohol compliance checks, conducted by Richfield Public Safety staff, and failed by selling alcohol to underage youth. I. RECOMMENDED ACTION: By Motion: Approve the attached resolutions suspending the license to sell alcohol for two (2) consecutive days for each of the first time violating establishments; levying a fine against each establishment in the amount of $500 for the first violation; requiring a mandatory meeting with the Public Safety Director to present their individual establishment plans to ensure eliminating any future actions of this kind; and attending an alcohol sales and awareness program presented by Crime Prevention staff. Approve the attached resolutions suspending the license to sell alcohol for five (5) consecutive days for each of the second time violating establishments; levying a fine against each establishment in the amount of $1500 for the second violation; proposing that the Public Safetv Director select the five consecutive days their licenses 0723 Liquor Compliance Violators will be suspended; and requiring a second meeting with the Public Safety Director; and conducting a mandatory alcohol and sales awareness training session with all of their employees, provided by either a private firm approved by Public Safety officials or by Public Safety staff, with all costs to be paid by the establishment. Approve the attached resolutions suspending the license to sell alcohol for ten (10) consecutive days for each of the third time violating establishments; levying a fine against each establishment in the amount of $1750 for the third violation; and proposing that the Public Safety Director select the ten consecutive days that the licenses will be suspended. II. BACKGROUND On April 4, and 5, 2002, Richfield Public Safety staff conducted alcohol compliance checks at all of Richfield's alcohol establishments, assisted by four underage youth that were 19-20 years of age. These compliance checks were the first checks conducted in 2002. On April 4, and 5, 2002, the police division made arrangements for the minors to enter the establishments with undercover police officers. In six instances, the underage youth were successful in being served alcohol. The businesses that made sales to underage youth on April 4, 2002 are as follows: • American Legion - 6501 Portland • Champps - 790 West 66th Street • K.B. Mobil Mart - 6744 Penn Avenue South • Kwik Way Foods - 7701 Portland Avenue South • Oasis Market - 6300 Lyndale Avenue North NOTE: Formerly "Food and Fuel" • Rainbow Foods - 140 West 66th Street This is a first offense for the American Legion, Kwik Way Foods and Rainbow Foods. In some instances, it may technically be a second violation but because of the time elapsed between now and the previous violation, it is considered a first violation. This is a second offense for Oasis Market. This is a third offense for Champps and K. B. Mobil Mart. On April 5, 2002, Richfield Public Safety staff conducted additional alcohol compliance checks. They were assisted by four underage youth who were 19-20 years of age. Again, the police division made arrangements for the minors to enter the establishments with an undercover police officer. No sales of alcohol to minors were made on this date. At no time did any of the minors consume any of the alcohol. The youth presented their ID's and at no time attempted to convince anyone that they were of legal age. Establishments were visited at a variety of 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 and issued them a citation if they failed. If the underage youth was unsuccessful in securing alcohol, the clerk was congratulated by officers for doing a good job. The employee that sold alcohol 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 alcohol 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 during 2002 at the rate of one or two a year. It is also recommended that 15% of the punitive fines be designated for future alcohol and tobacco education efforts within the community. III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 8808 specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur, such as the sale of alcohol to minors.. • Staff recommends that the City Council suspend each of the first time violating establishments' license to sell alcohol for two (2) consecutive days and levy a fine against each establishment in the amount of $500 for the first violation. Staff is also proposing that each first time violating establishment attend a mandatory meeting with the Public Safety Director to present their individual establishment's plan to ensure eliminating any future actions of this kind. In addition, one representative, preferably a manager of each of the establishments, is to attend an alcohol sales and awareness program presented by Crime Prevention staff. • Staff recommends that the City Council suspend each of the second time violating establishments' license to sell alcohol for five (5) consecutive days and levy a fine against each establishment in the amount of $1500 for the second violation. Staff is also proposing that the Public Safety Director will select the seven consecutive days that the licenses will be suspended. It is further recommended that second time violating establishments be required to meet a second time with the Public Safety Director and to also conduct a mandatory alcohol and sales awareness training session with all of their employees. This training will be provided by either a private firm approved by Public Safety, or by Public Safety staff, with all costs of the training to be paid by the establishment. • Staff recommends that the City Council suspend the license to sell alcohol for ten (10) consecutive days for each of the third time violating establishments; levying a fine against each establishment in the amount of $1750 for the third violation. Staff further recommends that the Public Safety Director select the ten (10) consecutive days that the licenses will be suspended. B. CRITICAL ISSUES • It is a violation of Minnesota State Statute and City ordinance to sell alcohol to underage youth. • Civil enforcement penalties taken in the past by the City Council against several establishments have been severe. This was done to send a message to the establishments and the community that the Council will not tolerate this type of violation to continue in the community and that Richfield youth and their well-being are highly valued. • 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 an alcohol compliance check. • Furthermore, 15% of the punitive fines are designated for future alcohol and tobacco educational efforts within the community. D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide to take no action against the establishments for the sale of alcohol 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 alcohol to underage youth; however, that would deviate from the guidelines set for progressive discipline in Resolution No. 8808. ~~, V. ATTACHMENTS • Resolution for American Legion Discipline • ~ Resolution for Kwik Way Foods Discipline • Resolution for Rainbow Foods Discipline • Resolution for Champps Discipline • Resolution for K.B. Mobile Mart Discipline • Resolution for Oasis Market Discipline VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Representatives from each of the establishments are expected to be in attendance at the meeting as they were notified in writing of the need for someone to be present. RESOLUTION NO. RESOLUTION SUSPENDING THE CLUB ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR AMERICAN LEGION, 6501 PORTLAND AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, American Legion ("Licensee") holds a Club On-Sale Intoxicating and Sunday Liquor license from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor; and WHEREAS, this is technically their second failed alcohol compliance check, but because more than two years has elapsed since the previous failure, it serves as a first failure. Their original first penalty was imposed by the Council at the October 11, 1999 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002 and admitted the violation; and the Licensee has 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 Club On-Sale Intoxicating and Sunday Liquor licenses are 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 $500 is hereby imposed. On or before August 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by August 23, 2002; and, 4. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff within 30 days of their Council appearance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR KVIIIK WAY FOODS, 7701 PORTLAND, AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Kwik Way Foods, ("Licensee") holds an Off-Sale 3.2 Percent Malt Liquor License from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor; and WHEREAS, this is technically their second failed alcohol compliance check, but because more than two years has elapsed since the previous failure, it serves as a first failure. Their original first penalty was imposed by the Council at the April 26, 1999 meeting; and WHEREAS, Licensee appeared before the Richfield City Council on July 23, 2002 and admitted the violation; and the Licensee has 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 Off-Sale 3.2 Percent Intoxicating Malt Liquor 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 $500 is hereby imposed. On or before August 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by August 23, 2002; and 4. One staff member preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff within 30 days of their Council appearance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR RAINBOW FOODS, 140 W. 66th STREET SOUTH AND IMPOSING A CIVIL PENALTY FOR FIRST TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Rainbow Foods, ("Licensee") holds an Off-Sale 3.2 Percent Intoxicating Malt Liquor License from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor and; WHEREAS, this is technically their second failed alcohol compliance check but because more than two years has elapsed since the previous failure, it serves as a first failure. Their original first penalty was imposed by the Council at the October 11, 1999 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002 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 Off-Sale 3.2 Percent Intoxicating Malt Liquor 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 $500 is hereby imposed. On or before August 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. 3. Meet with the Director of Public Safety to present an action plan to ensure future compliance by August 23, 2002; and 4. One staff member, preferably the manager, must attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff within 30 days of their Council appearance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR CHAMPPS, 790 W. 66TH STREET; AND IMPOSING A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Champps ("Licensee") holds an On-Sale Intoxicating and Sunday Liquor license from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor; and WHEREAS, this is their third failed alcohol compliance check as a result of the fact that it hasn't been within three years of the second offense. Their previous penalty was imposed by the Council at the December 13, 1999 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002 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 On-Sale Intoxicating and Sunday Liquor license is hereby suspended for a period of ten (10) 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 $1750 is hereby imposed. On or before July 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1750. 3. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers and must be scheduled to occur no later than August 23, 2002. This training will be provided at a location to be determined by Public Safety staff and all costs associated with the training, to include staff time and materials, will be the responsibility of the Licensee. 4. Meet with the Director of Public Safety by August 23, 2002 to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR K.B. MOBILE MART, 6744 PENN AVENUE SOUTH, AND IMPOSING A CIVIL PENALTY FOR THIRD TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, K.B. Mobile Mart ("Licensee") holds Off-Sale 3.2 Percent Intoxicating Malt Liquor License from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor and; WHEREAS, this is their third failed alcohol compliance check as a result of the fact that it hasn't been within three (3) years of the second offense. Their previous penalty was imposed by the Council at the December 13, 1999 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002 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 Off-Sale 3.2 Percent Intoxicating Malt Liquor License is hereby suspended for a period of ten (10) 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 $1750 is hereby imposed. On or before August 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1750. 3. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers and must be scheduled to occur no later than August 23, 2002. This training will be provided at a location to be determined by Public Safety staff and all costs associated with the training, to include staff time and materials, will be the responsibility of the Licensee. 4. Meet with the Director of Public Safety by August 23, 2002, to present an action plan to ensure future compliance. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION SUSPENDING THE OFF-SALE 3.2 PERCENT INTOXICATING MALT LIQUOR LICENSE FOR OASIS MARKET (FORMERLY FOOD N FUEL), 6300 LYNDALE AVENUE SOUTH; AND IMPOSING A CIVIL PENALTY FOR SECOND TIME ALCOHOL COMPLIANCE FAILURE WHEREAS, Oasis Market ("Licensee") holds an Off-Sale 3.2 .Percent Intoxicating Malt Liquor License from the City of Richfield; and WHEREAS, on April 4, 2002, 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 alcohol to a minor. WHEREAS, this is their second failed alcohol compliance check as a result of the fact that it hasn't been within two years of the first offense. Their previous penalty was imposed by the Council at the September 10, 2001 meeting; and WHEREAS, the Licensee appeared before the Richfield City Council on July 23, 2002, 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 Off-Sale 3.2 Percent Intoxicating Malt Liquor license is hereby suspended for a period of five (5) 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 $1500 is hereby imposed. On or before August 23, 2002, the Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $1500. 3. The Licensee must schedule mandatory alcohol compliance sales awareness training for all employees who are responsible for the service of alcohol to customers. This will include all servers, bartenders and all managers and must be scheduled to occur no later than August 23, 2002. This training will be provided at a location to be determined by Public Safety staff, and all costs associated with the training, to include staff time and materials, will be the responsibility of the Licensee. 4. Meet with the Director of Public Safety to present an action plan to ensure further compliance by August 23, 2002. Passed by the City Council of the City of Richfield this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk J STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING JULY 23, 2002 PUBLIC HEARINGS 11 193 REPORT PREPARED BY: REPORT PRESENTER: RANDY HUGHES, OPERATIONS COORDINATOR MIKE. EASTLING, PUBLIC WORKS DI RE.C"TOR DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider specially assessing the Lyndale/HUB/Nicollet (LHN) area for current services for the period January 1 through December 31, 2003. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution ordering the Lyndale/HUB/Nicollet (LHN) maintenance work for the period January 1, 2003 through December 31, 2003 to be done and the costs specially assessed. III. BACKGROUND ~ On January 26, 1981, the City Council adopted Resolution No. 6372, which established a service in the LHN area (approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue) which would be specially assessed. The higher level of maintenance proposed to be provided in the area includes the trimming and watering of trees and plants, operation of a special street lighting system, removal of snow and ice from sidewalks and performance of other specialized maintenance functions. 07231hn03ph III. BASIS OF RECOMMENDATION A. POLICY • The City Council has scheduled a public hearing for July 23, 2002 to consider the establishment of a special assessment district for current maintenance service costs in the LHN redevelopment area. Notice of this public hearing was mailed to all owners of commercial property in the area and was published in the official newspaper as required by law. • Resolution No. 6372, adopted in 1981, established policy for assessing the costs. • This policy allows staff to continue to provide excellent service to the LHN Redevelopment Area. B. CRITICAL ISSUES • The Council may want to discuss extending the boundaries of the LHN assessment district to include the 66th Street and 35W bridge landscaping. Estimated costs to maintain the landscaping, irrigation and decorative lighting are in the $8,000 per year range. The Council may also want to consider assessing new developments for both commercial and residential properties. C. FINANCIAL • The estimated maintenance cost for the period January 1 through December 31, 2003 is $52,000. All commercial properties would be assessed on the basis of area, with each square foot of assessable property to be assessed equally, for the costs incurred in the maintenance of common areas such as street islands, the civic plaza and sidewalks. Generally, the businesses maintain the property behind the curb. In the event the City must perform this maintenance, the particular business is assessed- for the cost of the special, individual maintenance of direct benefit to the given property. D. LEGAL • Extension of the district to include the bridge at 66th Street and 35W could be challenged. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to establish a set rate and limit the maintenance performed to that dollar amount. However, staff believes the redevelopment area would suffer if limited maintenance was performed. V. ATTACHMENTS `. • Resolution adopting assessment on LHN Redevelopment Area maintenance for the period January 1, 2003 through December 31, 2003. • Graphic displaying Lyndale/HUB/Nicollet special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the proposed 2003 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE JANUARY 1 THROUGH DECEMBER 31, 2003 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain services be undertaken by the City in the Lyndale/HUB/Nicollet Redevelopment Area. approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public hearing was held on July 23, 2002 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows:- 1. That the following examples of current services of the City shall be undertaken by the City within the LHN Redevelopment Project Area, which area constitutes the special assessment district with the exception of single family, two family and multifamily residential properties, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Installation and repair of water service lines; e. Street sprinkling or other dust treatment of streets; f. Trimming and care of trees and the removal of unsound trees; g. Repair of sidewalks, crosswalks and other pedestrian walkways; h. Operation of the street lighting system; i. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; j. Maintenance of civic plaza; k. Snow removal and other maintenance of streets; I. Painting and repair of wood furniture; and m. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. 3. The designated period of the project shall be from January 1 through December 31, 2003. Costs of the project shall be collected in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # PUBLIC HEARINGS 11 192 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR Nanac, TiTLe REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR NAniL, TITLL' DEPARTMENT DIRECTOR REVIEW: ~ ~ ~ j~ SlGNA RE REVIEWED BY CITY MANAGER: ~ ~!~, ~_._,,..__.~ .~~ ~ ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider specially assessing the 77th Street project area for current services '~ for the period January 1 through December 31, 2003. 'I I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution ordering the 77th Street maintenance work for the period January 1, 2003 through December 31, 2003 to be done and the costs specially assessed. III. BACKGROUND Beginning in 1988, the Council has taken action to support continuance of specially assessing a 77th Street project area that now is from I-35W to Cedar Avenue. ~-~, The proposed higher level of maintenance to be provided in 2003 includes 1. trimming and watering of trees and plants, 2. repair of sidewalks, 3. trash and litter removal, 4. irrigation maintenance and repair, 5. removal of snow and ice from sidewalks, 6. maintenance of the sound wall barrier and 0723ph77th03 7. performance of other specialized maintenance functions. These items are extra services provided directly to the 77th Street Project Area and do not include services provided to the entire City. Most of the routine maintenance (mowing, weeding, litter cleanup) has been and will continue to be contracted; leaving City crews to perform repairs on irrigation, lights and signs. For the most part, each owner is to be responsible for property to the curb while the City is responsible for common areas such as street islands, the north boulevard and sound wall. III. BASIS OF RECOMMENDATION A. POLICY • Resolution No. 7405, adopted in 1988, established a policy for assessing the costs. • The City Council has scheduled a public hearing for July 23, 2002 to consider the establishment of a special assessment district for 2003 current maintenance service costs in the 77th Street Project Area between I-35W and Cedar Avenue. Notice of this public hearing was mailed to all owners of commercial property in the area, and published in the official newspaper as required by law. B: CRITICAL ISSUES • The council may wish to discuss assessing both the residential and commercial square footages of new developments in the district. C. FINANCIAL • The estimated cost for the period January 1 through December 31, 2003 is $83,700. All commercial properties would be assessed an a square foot basis. All residential properties, plus the two churches in the area, would be exempt from the special assessment levy. D. LEGAL • No legal issues are apparent. at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to establish a set rate and limit the maintenance performed to that dollar amount. However, staff believes the redevelopment area would suffer if limited maintenance was performed. V. ATTACHMENTS • Resolution ordering. undertaking and special assessment of current. services ~~ provided to the 77th Street project area for the period January 1 through December 31, 2003. • Graphic displaying 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the proposed 2003 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. RESOLUTION NO. RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT 77TH STREET PROJECT AREA JANUARY 1 THROUGH DECEMBER 31, 2003 WHEREAS, pursuant to ordinance, the City Council of the City of Richfield did establish a special assessment district and did propose that certain current services be undertaken by the City in the 77th Street Project Area, approximately bounded by I- 35W, 77th Street, I-494 and Cedar Avenue and that the cost of such services be specially assessed against benefited property, and WHEREAS, the City Council of the City of Richfield did also by such resolution set the date of the public hearing on the undertaking of such current service project and the levying of special assessment to bear the cost thereof, and WHEREAS, following due notice, such public. hearing was held on July 23, 2002 at which time all interested parties desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the following examples of current services of the City shall be undertaken by the City within the 77th Street Project Area, which area constitutes the special assessment district with the exception of residential properties, plus the two churches in the area, with the cost of such services to be specially assessed against the benefited property within the district: a. Snow, ice or rubbish removal; b. Weed elimination; c. Elimination or removal of public health or safety hazards from private property, excluding any structure included under the provisions of Minnesota Statutes Section 463.15 to 463.26; d. Street sprinkling or other dust treatment of streets; e. Trimming and care of trees and the removal of unsound trees; f. Repair of sidewalks, crosswalks and other pedestrian walkways; g. Operation of the street lighting system; h. Maintenance of landscaped areas and other public amenities on or adjacent to street right-of-way; i. Snow removal and other maintenance of streets; j. General maintenance, including repairs and replacement. 2. The work to be performed may be by day labor, by City force, by contract or by any combination thereof. ~--. 3. The designated period of the project shall be from January 1 through December 31, 2003. Costs of the project shall be in the manner provided in the Richfield Ordinance Code. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk g. w z q Zd s ~ ti ~ ~ • D O N ad43O (~ 3 Z ~ °~ 438E 43L L ~ W _ y~~ W Z ~ ® `- NOl°JNIWOOIB Z W Q 7 IID ® 4396 434E - p W ~ `~.'~' w , .~ y3£L F U 2 . ®, ~ ~ ® y3lL ~ c~n ~ U ~ Z .~:. ,: ~ ® ,W 43l L W Z W ~®Au~~ 430E ~ W a Z lOlll3 ~ H O°Jb'OIHO Z O Q ~® ~ x~ snewmoo V,J a ~ ~ ~ ® ~a+dd aNb'lJl`d0 W W k ~ W 7 7 I1ll ® oNYllaOd J ~ W ~ -- ~ 439 Z Q =~ ~ ~ ~, ~ ' 43b NOlNllO ~ ,~., ~ R . P~fi J 2: k" LL ® '"' _ PAZ SN3/~31S O ~ W " ® 3s6 CO W ~® ~ ® 13llOOIN , t ~ - I C~ ll3aSl`d'18 _ _- ~~ HlaOM1N3M anBSllld I ~ ~ CII [J ® ' . ®®; " '" ONb aJ 131aab'H ®® al3ldabJ O ®' 3111aN.ll M ~" HOILIQI'd \` ® ®' 1Nb'Aa8 ® ~ X`dd1O0 1NOdn4 i` `, ~® ~ ~ NOSa3W3 ~~, 1NOW3ad ~ ~ aadalo laloawnH o AGENDA SECTION: PUBLIC' HEARINGS AGENDA ITEM # ~ REPORT #~ ~ n ~ ~~ STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: C RANDY HUGHES, OPERATIONS COORDINATOR NAME, TITLE MIKE EASTLING, PUBLIC WORKS DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding adoption of the special assessment roll for Lyndale/HUB/Nicollet (LHN) Maintenance for the period January 1, 2001 through December 31, 2001 I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for Lyndale/HUB/Nicollet (LHN) Maintenance for the period January 1 through December 31, 2001. III. ~ BACKGROUND The Lyndale/HUB/Nicollet (LHN) maintenance assessment was established to recover extraordinary maintenance expenses in the (66th Street/Lyndale/Nicollet) area. The LHN Redevelopment Area is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue. City staff has determined costs of current services to be assessed for the 2001 maintenance of the LHN redevelopment area. The current maintenance services for 2001 included, but were not necessarily limited _ _ to, one or more of the following including labor, equipment and materials. 1. Landscape maintenance of common properties, including mowing, fertilizing, and edging; 2. Irrigation maintenance; 3. Trash removal and general maintenance. 0723PH01 LHN NAME, TITLE III. BASIS OF RECOMMENDATION A. POLICY • Council ordered the work, and the work is done. • The City Council has scheduled a public hearing to be held July 23, 2002 on the assessment for the cost of current maintenance services performed in the LHN redevelopment area for the period January 1 through December 31, 2001. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper, and notices were mailed to the owner of each parcel described in the assessment roll B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • l"otal cost for 2001 LHN maintenance services is $52,556.06. Of this amount, $6,577.91 is special work charged to specific businesses. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2002 in order to avoid interest payments. Payments, made after that date would include the interest payment. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council may make changes as deemed necessary in the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessment on LHN maintenance for January 1, 2002 through December 31, 2002. • The assessment roll • Graphic displaying Lyndale/HUB/Nicollet special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2001 special assessment. RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR LYNDALE/HUB/NICOLLET (LHN) MAINTENANCE FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 2001 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the Lyndale/Hub/IVicollet (LHN) Redevelopment Area, which is approximately bounded by 64th Street, First Avenue, 67th Street and Emerson Avenue in the City of Richfield. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll, in the total amount of $52,566.06 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2002 and shall bear interest at the rate of eight percent (8%) from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division, and may, at any time thereafter, pay to the City's~Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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N N . . _ „_.. ~ €~ V may. ~y. ~ V V ~ V . .} V ~ ~y . ~~ ~ !r :r ~ ~ ~~ r "r 'r r ~ } ~ ~r W z U H D H Z W W Q Z 2 J _U W N H O ~ w w U a ~ ~ z a w LL1 w z (' ~ a w L1J ~ ~ _l Q J t0 IIIIIIIIIIIIIIII~ ~~ ~~ ~~ ~~ IIIIIIIIIII lilllll 1 O O N Z W W Z (9 Z W 0 J W lL 2 U m m 0 0 0 o~ O N o~ W111 I1~Ill11WE} ~ISii~ ~ Agenda Agenda Report STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 Section: Public Hearings Item.. ~~ : 1:0 ~~ 190 REPORT PREPARED BY: RANDY HUGHES, OPERATIONS COORDINATOR Nanec, TrT[.r_• REPORT PRESENTER: MIKE EASTLING, PUBLIC WORKS DIRECTOR Naue, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~ `~ SI TU REVIEWED BY CITY MANAGER: ~ _ l ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding adoption of the special assessment roll for 77th Street Maintenance for the period January 1, 2001 through December 31, 2001. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for 77th Street Maintenance for the period January 1 through December 31, 2001. III. BACKGROUND ~ Since the 1988 construction of the short section of 77th Street around the Hampton Inn, the City has been performing special, high-quality maintenance along 77th Street. The maintenance functions, known as current services, are funded through the maintenance assessment on the 77th Street businesses. Costs to be assessed have been determined for 2001 maintenance of the 77th Street redevelopment area between I-35W and Cedar Avenue. The current maintenance services for 2001 included, but were not necessarily limited to, one or more of the following including labor, equipment and materials. 1. Landscape maintenance of common properties, including mowing, fertilizing, and edging; 2. Irrigation maintenance; 3. Trash removal and general maintenance. 0723PH77th01 III. BASIS OF RECOMMENDATION A. POLICY • Council ordered the work, and the work is done. • -The City Council has scheduled a public hearing to be held July 23, 2002 on the assessment for the cost of current maintenance services performed in the 77th Street project area for the period January 1 through December 31, 2001. City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper, and notices were mailed to the owner of each parcel described in the assessment roll B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • Total actual cost for 77th Street maintenance services is $78,884.49. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes.. It is the staff recommendation that such payments be due and payable within the first year, rather than in installments. The City has the right to charge interest on the amount assessed in that the City provided the initial funds for the services. It is also staff's recommendation that the interest rate be established as eight percent (8%). Payment may be made by the assessed owner before November 15, 2002 in order to avoid interest payments. Payments made after that date would include the interest payment. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council may make changes as deemed necessary in the assessment roll as a result of the public hearing by adding the phrase "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessment on 77th Street maintenance for the .period ~~ January 1, 2001 through December 31, 2001. • The assessment roll. • Graphic displaying the 77th Street special assessment district. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2001 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON 77TH STREET MAINTENANCE FOR THE PERIOD JANUARY 1 -DECEMBER 31, 2001 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and passed upon all objections to the proposed assessment for current services related to maintenance of the 77th Street Redevelopment Project, which is approximately bounded east of I-35W and west of Cedar Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: Such proposed assessment roll in the total amount of $78,884.49 is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of assessment levied against it. Such assessment shall be payable before or during 2002 and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Finance Division and may, at any time thereafter, pay to the City's Finance Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner in other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota, this 23rd day of July 2002. Martin J. 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RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Adopt the attached resolution adopting the assessment for removal of diseased trees from private property for work ordered during the period January 1 through December 31, 2001. ~ II. BACKGROUND ~ In the period from January 1, 2001 through December 31, 2001, 24 property owners chose to use the City's contractor and requested that the cost of the tree removal be assessed against their property. III. BASIS OF RECOMMENDATION A. POLICY • The work has been done with prior approval from the affected residents. 0723Tree01 PH NAMC, /T/TI.E ~ ~ ~ City staff has calculated the proper amounts to be assessed against every assessable lot, piece or parcel of land specially benefited. The proposed assessment was properly filed with the City Clerk, notice was published in the official newspaper and notices were mailed to the owner of each parcel described in the assessment roll. B. CRITICAL ISSUES • On or before September 1 of each year, the City shall list the total unpaid charges for current services against each separate lot or parcel to which they are attributable under section 825 of the City Code. C. FINANCIAL • The costs to be assessed for the removal of diseased trees on private property ordered during the period January 1, 2001 through December 31, 2001 have been determined to be $24,103.42. • City ordinance provides that special assessments for current services may be certified to the County Auditor for collection along with taxes. This certification may provide that the assessments be completely paid in the first year or in annual installments. As in prior years of the program to remove diseased trees from private property, it is recommended such payments be due and payable over athree-year period. • The adopted assessment roll for the period January 1, 2001 through. December 31, 2001 would be certified with the County Auditor by the end of October, 2002. The City has the right to charge interest on the amount assessed in that the City provided the funds for the initial expense. As in prior years of the program, it is recommended that the interest rate be established at eight percent, the maximum allowed by State Law. D. LEGAL • No legal issues are apparent at this time. The City Attorney will be in attendance at the Council meeting should a legal question arise. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may make any changes deemed necessary in the assessment roll as a result of the hearing by adding the phrase, "and has amended such proposed assessment as it deems just." V. ATTACHMENTS • Resolution adopting assessment for removal of diseased trees on private „property ordered during the period January 1, 2001 through December 31, 2001. The assessment roll. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • City staff has been available during business hours and at City Hall immediately prior to the public hearing to answer questions and concerns of property owners regarding the 2001 special assessment. City staff is not aware of any major issue or concern that has not been addressed by staff. . , RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ON REMOVAL OF DISEASED TREES FROM PRIVATE PROPERTY FOR THE PERIOD OF JANUARY 1, 2001 THROUGH DECEMBER 31, 2001 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and passed upon all objections to the proposed assessment for current services related to removal of diseased trees from the following private property in the City of Richfield: Property Address 1308 W 73rd Street 6639 Morgan Avenue So. 6620-17th Ave So. 6844 Upton Avenue So. 6721 Lakeview Avenue 6717 Lakeview Avenue 7617 Emerson Avenue So. 7544 Thomas Avenue So. 7516 Dupont Avenue So. 7212 Humboldt Avenue So 6444-15th Avenue So. 6501 Humboldt Avenue So 7209 Pillsbury Avenue So. 6431 Grand Avenue So. 6704 Grand Avenue So. 6708 Grand Avenue So. 7001 Oliver Avenue So. 7201 Newton Avenue So. 7315 Colfax Avenue So. 6514 Irving Avenue So. 6845 Park Avenue So. 6220 Stevens Avenue So. 6721 Oakland Avenue So. 7046-5th Avenue So. Property Identification Number 33-02824-13-0017 28-02824-32-0008 26-02824-41-0008 29-02824-43-0036 28-02824-31-0073 28-02824-31-0074 33-02824-43-0003 32-02824-42-0024 33-02824-42-0122 33-02824-24-0001 26-02824-13-0062 28-02824-13-0051 34-02824-24-0047 27-02824-23-0038 27-02824-32-0069 27-02824-32-0070 33-02824-22-0052 33-02824-23-0046 33-02824-14-0053 28-02824-24-0115 26-02824-33-0088 27-02824-12-0045 26-02824-32-0120 34-02824-11-0096 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Hennepin County, Minnesota, as follows: 1. Such proposed assessment roll, in the amount of $24,103.42, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed current services in the amount of the assessment levied against it. 2. Such assessment shall be payable in no more than three annual !G~ installments and shall bear interest at the rate of eight percent from the date of adoption of this assessment resolution. - ~ 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City's Assessing Division, and he may at any time thereafter, pay to the City's Assessing Division the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the property tax lists. of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N d' O O O O O O O O Z ~ oO 0 0 d7 0 0 0 d' C4 CO O O M 0 0 0 0 00 00 C~ X 0 0 0 00 Lf7 O N Ln N O N O r O r O l!7 O f~ N t1" I~ M N 00 .0p Cfl O CD O 07 lf~ S ~ O O N V 69 I~ N O O N O O 00 O N O ~ ~} N N ~} r r Ef} ff} r r d? Ef} Efl~ ff} EF} _ r _ r _ r ~ r 69 d9 N Ef} Q E/-} Ef} Ef} GH tf-} Ef} Eft to d3 lam} Efl M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N M N ~ Lf') ~ tf) ~ L(") ~f' ~ d' ~ d' ~ ~ tf) ~ tf') ~ Lf~ ~' lf~ ct ~ d' ~ ~ l.f) ~ tf') d' tf') ~ ~ ~ ~ ~i' ~ ch ~ ~i' ~ V' ~ ~ ~ '~t ~ ~t ~ l1~ In I.() Ln Lf7 tf) L!') 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V p ~ p O h m m N ~ ~ m ~ z (n m C ~ U U W ~ ~ D ~ ~ N o h W cu ~ ~ 5 ~ o = c ~ N o i o Q o o a~ o o ~ ~ ~ •, o o ai ~ ~ o 0 0 0 ~ ~ ~ ~ o Z -~ -~ ~ U Y ~ ~ ~ ~ ~ ~ ~ Y c a ~ D ~ ~ ~ 00 -~ 00 U Q ~ I~ GO 00 CO M d' M d' N r N r f~ 00 O O N CO M ~ 00 ~ O Cfl r O O M I~ ti O N N O O lf) d' M CO I` Lf) 'd' Ln r OO d' N O O O O O O O O O r O O O O O O O O O O r O O r O O O O O O O O O O O O O O O O O O O O O O O O O M N r M r r M N N d' M M ~ M N N N M ~ ~ M N N r e- M ~ ~ M M mot' d' ~ N e- r N N M M N N r N M r M c- d' d' d' ~ d' d' d' d' d' ~ d' 'd' d' ~ ~ 'd' 'd' d' ~' d' ~ ~ ~ ~ N N N N N N N N N N N N N N N N N N N N N N N N 00 00 00 00 00 00 00 00 00 OO 00 00 00 00 00 00 00 00 00 00 00 00 00 Op N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O Q M 00 Cfl ~ 00 00 M N M M CO 0p ~7' i` I~ ti M M M 00 CO I~ CO d' d M N N N N N M M M M N N M N N N M M M N N N N M AGENDA SECTION: p{iblic Hearings AGENDA ITEM # 9 REPORT # ], $ $ STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: BETSY CIIRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIIZECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ , jr~ _ , ~ . ~,~ REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the request for new on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., Two West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve or deny the issuance of new on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc., Two West 66th Street. II. BACKGROUND On January 4, 2002, the City received the new application and other required documents for new on-sale intoxicating and Sunday liquor licenses for Taco Morelos II, Inc. The Public Safety staff has reviewed the application for compliance with all applicable state and local requirements. The following technical requirements for license issuance have all been satisfied: (1) The applicant has paid the required licensing fees; (2) The $10,000 bond issued by Old Republic Surety has been submitted; 0723Taco Morelos New Liquor Licenses (3) The required proof of liquor liability insurance coverage has _ been received showing Milbank Insurance Company as affording the required coverage; and, (4) Proof of workers' compensation insurance has also been supplied. The Public Safety staff has also reviewed the application for compliance with the eligibility criteria set forth under State law and City ordinances. Most of those criteria are objective in nature (e.g., the applicant must not have had a liquor license revoked within five years and may not also be a manufacturer or wholesaler of intoxicating liquor). The applicant has satisfied all objective criteria for eligibility under State law or local ordinances. Both State law and local ordinance also require that a person is ineligible for a liquor license if the person is "not of good moral character or repute," which is a subjective criterion that is left to the determination of the City Council. In the case of a corporate applicant, the City ordinance requires that both the stockholder of the corporation and the manager satisfy the eligibility criteria in order for the corporation to be eligible. Gaspar Rey Perez is the President and sole owner of Taco Morales II, Inc. His wife, Lucila Sanchez Perez is the Secretary for the corporation. The on-premises manager is Lorenzo Ariza. The background investigation on Mr. Ariza and Lucila Sancha Perez did not reveal any prior convictions for either of those individuals. The Public Safety background investigation of Gaspar Perez revealed the following: • Gaspar Perez's criminal history check revealed charges of a gross misdemeanor DUI offense, driving after suspension, refusal of a breath test, illegal transportation of a firearm and the possession of a pistol without a permit, all committed in Ramsey County in 1999. Mr. Perez was convicted of the gross misdemeanor DUI. All other charges were dismissed. He was sentenced to one year with a $3000 fine, which was reduced to a 30-day sentence, two years probation and a $500 fine. He was also required to undergo a chemical evaluation and agree to random urinalysis tests. • Mr. Perez has a prior DWI conviction from December 1996. • Mr. Perez did not disclose the 1999 or 1996 convictions on his current application. However, he had previously submitted an application in January 2001, which he subsequently withdrew, and on that application he had disclosed "DWI" without disclosing the year of the convictions or the fact that there had been two DWI convictions. Public Safety staff had discussed the DWIs with Mr. Perez in connection with the first application and believes that Mr. Perez knew that Public Safety staff was already aware of the DWIs when he submitted the current application. • Within the last week, the Public Safety staff updated its criminal history check on Mr. Perez, and it appears that Mr. Perez has been involved in proceedings with '~~~ the City of Bloomington, with court appearances in December 2001 and January 2002. Staff was unable to complete its investigation of those matters prior to the date of this report but will do so prior to the Council meeting and will provide the Council with an updated report at the meeting. Gaspar Perez also owns Taco Morelos I, 1426 W. 26th Street in Minneapolis, and Sabroso Restaurant, 1120 First Avenue in Shakopee. Taco Morelos I is a standard restaurant with no service of alcohol, and the City of Minneapolis has reported that there have been no significant problems found with the operation of the restaurant. Sabroso Restaurant is a full service restaurant, which includes the service of alcohol. Public Safety staff has determined that Sabroso Restaurant has had three violations for the service of alcohol to underage youth. The first violation occurred in September 1999. The establishment was fined a penalty of $1000. The second violation occurred in May 2001. The violation resulted in a $2000 fine and atwo- day suspension of their license. The third offense occurred in November 2001 and resulted in a $2000 fine and aten-day suspension of their license. There have been no further violations since that time. The property being leased by Taco Morelos II, Inc. is owned by Heritage Property I.T., Inc. The lease between the applicant and the landlord is in effect with all payments current. Environmental Health staff received one complaint for Taco Morelos in the past year. The complaint was regarding afood-related matter. The Bloomington Health Department was notified and no further complaints have been received. There was one police contact with Taco Morelos in the past year. The call was in regards to a disturbance. On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines the discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. The Council had inquired whether State law or local ordinances impose any distance restrictions that liquor establishments must maintain from schools. The City has no distance requirements in its liquor ordinance, and the only requirements in State law relate to state universities and training schools under the supervision of the Commissioner of Corrections, which are inapplicable to this property. The notice of public hearing was published in the Richfield Sun Current on July 10, 2002. III. BASIS OF RECOMMENDATION A. POLICY • Liquor licenses must comply with all applicable requirements of City ordinances and State Statutes. '~' B. CRITICAL ISSUES • The applicant has satisfied objective eligibility requirements and technical requirements under the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • The City Council must determine whether it is satisfied that the applicant meets the "good moral character and repute" eligibility requirement and whether the proximity of the establishment to a public school is of concern. • That the requirements are met in Resolution No. 9204. C. FINANCIAL • N/A D. LEGAL • The City Council has broad discretion to determine whether or not to issue or renew a liquor license, but the Council may not act arbitrarily or unreasonably. • The applicant must be provided an opportunity to address the Council regarding the license and to respond to any concerns that the Council may have. The City Council must treat license applicants equally and may not deny the license if it has approved a license for a different applicant under substantially similar circumstances. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Gaspar Perez, Owner • Lorenzo Ariza, Manager ~= ~, AGENDA SECTION: Public Hearings AGENDA ITEM # $ REPORT # 1$ 7 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: BRUCE SYLVESTER, PLANNING & ZONING ADMII~TISTRATOR NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding a request for a Class II (traditional/cafeteria) restaurant conditional use ermit to allow a bake with food service too erate at 2928 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution authorizing a Class II restaurant conditional use permit to allow a bakery with food service to operate at 2928 West 66th Street (Southdale Sauare). II. BACKGROUND Mr. Bob Kinsella is requesting a "Class II (traditional/cafeteria) restaurant" conditional use permit to operate a 4,500 square foot bakery at 2928 West 66th Street. This address is a tenant space in the Southdale Square development, and the proposed bakery will occupy a portion of the space formerly used by Turnstile, a women's consignment clothing store. While a traditional bakery with carry-out service only is a permitted use in this location, Mr. Kinsella is proposing. a bakery with seating and food service for up to 50 people. Because seating and service for up to 50 people will be provided, staff has requested the applicant to obtain a conditional use permit (CUP) for a Class II restaurant. Because the proposed use is 0723-66th Stalest-2928. doc a bakery and does not include facilities associated with many restaurants (such as deep-fat fryers...), the potential negative impacts are diminished. III. BASIS OF RECOMMENDATION A. POLICY Class II (traditional/cafeteria) restaurants are Conditional Uses in the C-2 district. The findings necessary to issue a CUP (546.05, 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 Comprehensive Plan calls for `Regional Commercial' at this location, which is consistent with a bakery business that would serve the surrounding area. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans for this area. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site and proposed use have been reviewed by City staff and meet the performance standards specified in Section 541. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The primary concern associated with restaurants is odors-the proposed bakery will not use deep-fat fryers and so odor concerns are minimized. f) There is a public need for such use at the proposed location. The proposed use as a bakery, while not `necessary', will contribute to a healthy commercial center at Southdale Square. g) 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. "Class II (traditional/cafeteria) restaurants" are a conditional use in the C-2 district, as specified in section 526.27, Subdivision 7 of the zoning code. This section of the zoning code specifies 2 requirements for a conditional use permit to be issued fora "Class II restaurant". The proposed bakery meets both of the requirements, as follows: - A buffer yard of 25 feet or more between the proposed use and abutting residential properties; and - No alcoholic beverages will be served. B. CRITICAL ISSUES • The Planning Commission held a public hearing on June 24 to consider this request. After hearing no opposition from the public and considering the staff report and comments from the applicant, the Planning Commission voted to recommend that the requested conditional use permit be granted. • The site provides adequate parking for the proposed use. • The Public Health Inspector and Building Inspector are working with the applicant on all-relevant restaurant, building, and health code requirements. • The bakery will open with limited seating (15 seats) and will provide more seating only if this conditional use permit is granted. C. FINANCIAL • N/A D. LEGAL • Zoning: C-2, General Commercial • Land Use: Commercial strip mall • Comprehensive Plan: • Notification: • Other Actions: • HRA • Hearing Examiner Regional Commercial Neighbors and property-owners within 350 feet Legal notice appeared in the Sun Current on July 10, 2002 • Stipulations of Approval: 1. None N/A N/A IV. ALTERNATIVE RECOMMENDATIONS) • Deny the requested conditional use permit to allow to allow a bakery with food service to operate at 2928 West 66th Street. V. ATTACHMENTS • City Council Resolution • Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Bob Kinsella, owner and applicant RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT 2928 WEST 66TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a bakery with food service on land generally located at 2928 West 66th Street, legally described as: Lots 9 and 10, Richfield Gardens; and WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 2928 West 66th Street at its June 24th, 2002 meeting; and WHEREAS, this requested conditional use permit at 2928 West 66th Street meets those requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, section 546.05, subd.6; and WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: A conditional use permit is issued for a Class II restaurant for a bakery with food service, as described in City Council Staff Report No. , on the Subject Property legally described above. 2. This conditional use permit at 2928 West 66th Street is subject to completing the following conditions before a building permit will be issued: 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. 2002. 3. The conditional use permit shall 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 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 1~ , ~~ -- - - ~s #VENUES. - - - - - - -- -+ .a iW a~ m m -i VMCENT AVENUE 8. r O .._ _ .__ .. .. p. p~ w ~~ O~~ V g q!~ N ±.O-~ O V O O~ Y N, Z . ~ _ m 7.0.1 X02; pm OZOSO '~I~> mov p ~~~~ ~~T acv $g >m a7 ~~~~ Zd S ~~ ~ ~ ~ s ~ ~~ ._ m ~r~ ~~ ® g p.. ~+.~wrr ~ -_ = -- .~.. ""'p""E'' $OUTHDALE SQUAF~E~ '---~"`"~_ -p -, ~"" ~ esrH str~r ~aD xERxes.~ ---~-- ,.y ~c-~~.n. ESOZ~ .. ~~ j -~iw~~ ~~- CMLtON HEAL pTATE COWAMY AGENDA SECTION: Public Hearings AGENDA ITEM # ~ REPORT # 18 6 J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: BRUCE SYLVESTER, PLANNING & ZONING ADMINISTRATOR NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding a request for a Licensed Day Care Facility conditional use ermit to allow a childcare center for 98 children too erate at 1550 East 78th Street. I. RECOMMENDED ACTION: Conduct and Close the public hearing and by motion: Approve the attached resolution authorizing a Licensed Day Care Facility conditional use permit to allow a child care center to operate at 1550 East 78th Street. II. BACKGROUND Ms. Bonnie Libby and Mr. Daryl Woods are requesting a "Licensed Day Care Facility" conditional use permit (CUP) to operate a child care center for 98 children at 1550 East 78th Street. The first level of this building is currently occupied by the International Design Center-a furniture and home decorating store-and the owner of the properly is seeking to lease the second floor. Ms. Bonnie Libby and Mr. Daryl Woods currently work at the New Horizons Child Care Center at 305 East 77th Street. The location at 305 East 77th Street is owned by Assumption Church. In the future the space currently used by New Horizons will be used by the school. As a result, Ms. Bonnie Libby and Mr. Daryl Woods are seeking a new location to open a new day care center. The center will provide an outdoor play area approximately 1,500 square feet in area and enclosed with asix-foot wooden privacy-style fence. 0723-78th-St-East-1550.doc There will be no construction vehicles or trailers on site over-night while the necessary changes to the interior of the building are being completed. The day- ' ` care portion of the building. will meet all requirements for accessibility according to the Americans with Disabilities Act, including elevators and restroom facilities. III. BASIS OF RECOMMENDATION A. POLICY Licensed Day Care Facilities are Conditional Uses in the C-2 district. The findings necessary to issue a CUP (546.05, 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 Comprehensive Plan calls for `Regional Commercial and Office' at this location, which is consistent with a childcare center that would serve both residents and employees in the surrounding area. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans for this area. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. The site and proposed use have been reviewed by city staff and meet the performance standards specified in Section 541. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. f) There is a public need for such use at the proposed location. The proposed use as a childcare center will provide services to both residents and employees in the surrounding area. g) 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. Licensed Day Care Facilities are a conditional use in the C-2 district, as specified in section 526.27, Subdivision 26 of the zoning code. This section of the zoning code specifies 3 requirements for a conditional use permit to be issued fora "Licensed Day Care Facility". The proposed child care center meets all of the .requirements: • Pick-up and drop-off areas are located on the site and will not interfere with traffic and pedestrian movements; • Outdoor recreational facilities on the west side of the property will be shielded from the residential properties to the west by a six-foot wooden privacy-style fence; and • The applicants are in the process of obtaining the necessary licenses. The CUP that the applicants are requesting from the City of Richfield is required before they can obtain a State license; therefore, issuance of the CUP must precede obtaining the State license. B. CRITICAL ISSUES ~_ The Planning Commission held a public hearing on June 24 to consider this request. After hearing no opposition from the public and considering the staff report and comments from the applicant, the Planning Commission voted to recommend that the requested conditional use permit be granted. • The 1550 East 78th Street site includes sufficient parking for both the retail furniture business and the proposed licensed day care facility. • The day care center will include an outdoor play area on the west side of the building. To protect the residential properties to the west, across Bloomington Avenue, the applicants will construct a privacy fence along the western edge of the play area. • The applicants have been informed that the 78th Street frontage road along I-494 will be eliminated at some point in the future. C. FINANCIAL • N/A D. LEGAL Zoning: C-2, General Commercial Land Use: Current: First floor is a retail furniture business. Proposed: Child cares center for 98 children. Comprehensive Plan: Regional Commercial and Office Notification: Neighbors and property-owners within 350 feet. Legal notice appeared in the Sun Current on July 10, 2002 Other Actions:- H RA: N/A Hearing Examiner: N/A. Stipulations of Approval: 1. Applicants must provide City with a copy of State licenses once they have received them. IV. ALTERNATIVE RECONIlvIENDATION(S~ • Deny the requested conditional use permit to allow a Licensed Day Care Facility to operate at-1550 East 78th Street. V. ATTACHMENTS • City Council Resolution • Site Plan ~, VL PRINCIPAL PARTIES EXPECTED AT MEETING • Ms. Bonnie Libby and Mr. Daryl Woods, applicants RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A LICENSED DAY CARE FACILITY AT 1550 EAST 78TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit for a Licensed Day Care Facility on land generally located at 1550 East 78th Street, legally described as: The west 330 feet of the south half of the southeast quarter of the southeast quarter, also the north 180 feet of the east 160 feet of the west 490 feet of the south half of the southeast quarter of the southeast quarter, except road and highway, of Section 35, Township 28, Range 24. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 1550 East 78th Street at its June 24, 2002 meeting, and WHEREAS, this requested conditional use permit at 1550 East 78th Street meets those requirements necessary for issuing a Conditional Use Permit as specified in Richfield's Zoning Code, section 546.05, subd.6, and WHEREAS, the City has fully considered the request for approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for a Licensed Day Care Facility, as described in City Council Letter No. , on the Subject Property legally described above. 2. This conditional use permit at 1550 East 78th Street is subject to the following conditions in addition to those specified in Section 526.27 Subdivision 26 of the City's zoning code: • 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; and • That the recipient of this conditional use permit shall provide the City of Richfield with evidence of State licensure for their Day Care Facility. 3. The conditional use permit shall 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 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk ~ ~ ~ ) . ~ .~ , ~. ,. • BLOO MI NG TON AVE S0 s . . . . • 1 ~ • • ' i~5.l0 ..~ ~ . ~ I t ' ~ .~ ~ ! 1 ~ ~ ~ 1~1 1 1 1 I 1}1 1 1 1 1 ' ~ D t ~ G7 so• 1 1 - ~. - ._ i ~_ ~ ~ _- - - - '~ ~ r' ~ -- - - -_ ~ I ~ -- - - ~.-- - I ~ 0 -- - _ -- ~ a I _F IAO I ~ ' __ _ _ ~_ • ~ - - - - _ + w ~ R N O r' I t I I 1 ~ I 1 1 ( 1 1 1 1 1 1 T 1 1 1 1 1 1 1 1 ~ '1 '* 1 1 i f 1 1 1 f 1 1 1 f f ~ 1 f { ~,1 1 { ! 1 1 1 f 1 _~ . ~ ~~ ' 235 _ . ~. ~ ~ _ I ~. _ ~{ ~ I • ~ - - _ - ~ i _ _ _ ~ r ~ ~ ~ 2 -- - - -- ' {e ~ ~ ~ ~ ~ •~ ~ N «~ ~ I ~ h l I l i l l 1~ \' I l i l t l l i l t l • ~ S ° ~ ~ ` ~` w ~~' ~ S7 O i I ~ ~' . N M ~ M~ ~ Mp 0 ~ I °' a a w ~ ~ !+ u V s 1 _ - • • d A • ~!~~ ~ vv ~R ~ ~ ~ • A v p .~ h M • O p A .. 1 ~ nl ` ~ - ~ y~ L ~~ ~' ~ j 4i y • e ~ Q 1 .:' ~ O • p '' ! • _ . 1 ~.. AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT Consent 5H 185 CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: BETSY CIIRISTENSEN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ a SIGN REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a request by Arc's Value Village Thrift Store, 6528 Penn Avenue South, for itinerant place of amusement and itinerant food licenses, for their 20th anniversary celebration to be held Sunda , Au ust 18, 2002. I. RECOMMENDED ACTION: By Motion: Approve the request by Arc's Value Village Thrift Store for itinerant place of amusement and itinerant food licenses ~or their 20th anniversary celebration to be held August 18, 2002 at 6528 Penn Avenue South. II. BACKGROUND On June 26, 2002, Arc's Value Village Thrift Store applied for itinerant place of amusement and itinerant food licenses for the activities scheduled to take place on August 18, 2002. All required licensing fees have been received.. ,_~ Arc's Value Village Thrift Store is planning an anniversary celebration for the week of August 12-18, which will include aweek-long, in-store sale and an outdoor celebration on Sunday, August 18, 2002. The outdoor celebration will be held from 1-5 p.m. and will include musical acts and light refreshments. 0723 Arc's Value Village Anniversary The applicant has contacted the Zoning Administrator and the Inspections division - ~ to ensure compliance with all City regulations. Arc's Value Village Thrift Store will be handling all food concessions, serving such items as hot dogs, chips and soda. The applicant has contacted food sanitarians from the City of Bloomington to ensure that proper food handling practices are followed. They will work with Bloomington sanitarians and follow their recommendations for safe and wholesome food handling. III. BASIS OF RECOMMENDATION A. POLICY • The applicant has complied with all of the provisions of the City application process. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the request by Arc's Value Village Thrift Store for itinerant amusement and itinerant food licenses for their 20th anniversary celebration. This would result in the applicant not being able to conduct activities, especially those concerning food preparation, on August 18, 2002. V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Arc's Value Village staff. -~ AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 Consent SG 184 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE MICHAEL EASTLING, PUBLIC WORKS DIRECTOR NAME. TiII,I: ;h~,, REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consider authorizing the City Manager to approve final payments on consultant engineering service agreements to close out the 77th Street Reconstruction Project- Phases I and II. I. RECOMMENDED ACTION: By Motion: Authorize the City Manager to approve final payments to engineering consultants for costs incurred on Phases I and II of the 77th Street Reconstruction Project. III. BACKGROUND ~ Construction work was completed in 1997 on Phases I and II of the 77th Street Reconstruction Project. Recently, the Minnesota Department of Transportation's auditors completed their review of the financial records of the City, and BRW and OSM, .engineering consultants who were hired by the City to design and oversee construction of Phases I and II of the 77th Street Project. The total cost of Phases I and II of the 77th Street Project amounted to $36.2 million, of that amount about $3.2 million was for engineering consulting services. 0723-77th Street The two invoices involve all remaining expenses for work performed by BRW and OSM, the two principal design and construction engineering firms hired by the City ~, to oversee the 77th Street Project. Most of the expenses involve (1) audit adjustments recommended by MnDOT auditors that adjust upward the actual overhead rates used by both consultant firms; and, (2) the fee (consultant's profit) and final retainage that is normally withheld until the project is completed. An invoice for $25,858.05 from BRW, including work performed by OSM, is for the remaining costs associated with the $1.3 million in total design work. The second BRW invoice, including work performed by OSM, for $81,216.10 is for remaining costs associated with seven construction engineering service agreements totaling $1.9 million on the 77th Street Project. City staff is recommending that the invoices be approved for payment. III. BASIS OF RECOMMENDATION A. POLICY • The consultant work was performed according to service agreements approved by Council. B. CRITICAL ISSUES • The City needs to pay any remaining expenses on the 77th Street Project and request reimbursement for these expenses from MnDOT and the City's Municipal State Aid Account (gas tax revenues.) C. FINANCIAL • The City is engaged in closing out the 77th Street Reconstruction Project with the MnDOT. Under terms of the Agreement with. MnDOT, the City will be reimbursed by the State Trunk Highway Fund for 75% of any costs ruled ineligible for federal highway funds. At this time MnDOT staff estimate that $654,000 in 77th Street costs are not eligible for federal funds. Therefore, the City will be requesting approximately $490,000 in State funds and $164,000 in Municipal State Aid funds to reimburse the City for these expenses. D. LEGAL • The invoices reflect costs determined to be eligible for reimbursement by MnDOT's auditors. The City Attorney will be available to answer any questions at the Council meeting. IV. ALTERNATIVE RECOMMENDATION(S) • None. ~ V. ATTACHMENTS ~ • None ~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ ne a AGENDA SECTION: Consent AGENDA ITEM # S F REPORT # 183 STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: SALLY MORTON, INFORMATION TECHNOLOGIES MANAGER NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution changing the City's membership status in LOGIS and appointing re resentatives to the Board of Directors. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution changing the City's membership status in LOGIS to full participating member and appointing a director and alternate director to the LOGIS Board of Directors. ~~ _~ II. BACKGROUND In August 1996 the City of Richfield signed a "Joint and Cooperative Agreement" and became an associate member of Local Government Information Systems (LOGIS). This organization is a consortium of metro cities and government agencies offering computer applications for a variety of municipal functions. A board of directors made up of representatives from its 28 member cities and agencies governs the organization. Since 1996 the City has expanded its participation in LOGIS by using more of the software and services they offer. With the addition of the LOGIS payroll, human resources, financial and utility billing programs approved by the Council earlier this 0723LOGIS SALLY MORTON, INFORMATION year, we now qualify to be a full participating member of LOGIS. Changing the City's membership status will allow the City to appoint a voting member to the Board of Directors of LOGIS. Staff recommends that the Council approve a resolution changing the City's membership status from "associate member" to "full participating member" and appoint Sally Morton, Information Technologies Manager, as Richfield's Director, and Steve Devich, Administrative Services Director, as Richfield's Alternate Director to the LOGIS Board of Directors. III. BASIS OF RECOMMENDATION A. POLICY None. B. CRITICAL ISSUES • The City has a significant investment in LOGIS and having a voting representative on the Board of Directors will give us some ability to influence the policies and decisions of the organization. C. FINANCIAL • There is no cost associated with this recommendation. D. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION(S~ • The Council can take no action or postpone action with little consequence other than delaying the City's full participation in the governance of the LOGIS consortium. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~ RESOLUTION NO. RESOLUTION AUTHORIZING FULL PARTICIPATING MEMEBERSHIP IN LOGIS AND APPOINTING CITY REPRESENTATIVES TO THE BOARD OF DIRECTORS WHEREAS, the City of Richfield is currently an associate member of the Local Government Information Systems (LOGIS) consortium; and WHEREAS, the City of Richfield currently qualifies for full participating membership status in LOGIS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that: 1. The City hereby changes its membership status to that of a full participating member; and 2. Sally Morton, Information Technologies Manager, is appointed as the City's Director representative to the LOGIS Board of Directors; and 3. Steve Devich, Administrative Services Director, is appointed as the City's Alternate Director representative to the LOGIS Board of Directors. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk 0723LOGIS AGENDA SECTION: Consent AGENDA ITEM # 5 E REPORT # I $ 2 ~J STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: SALLY MORTON, IT MANAGER NAME, TITLE REPORT PRESENTER: SALLY MORTON, IT MANAGER NAME, DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~'~ ITEM FOR COUNCIL CONSIDERATION: Consideration of purchase of Microsoft software maintenance from Software House International in the amount of $28,496.21. I. RECOMMENDED ACTION: By Motion: Approve the purchase of Microsoft software maintenance from Software House International in the amount of $28,496.21. II. BACKGROUND The City has been using Microsoft software for several years. Licenses have been purchased as needed, but not the companion software maintenance agreements which include upgrades for this software. They were not acost-effective option as they were then constituted. Upgrades were purchased as needed using specially discounted upgrade pricing. New Microsoft Software Maintenance Program Microsoft eliminated all discounted upgrade pricing last fall and implemented a ~~ revamped software maintenance program in its place. This plan encourages customers to place all software on the maintenance program by making it the only way to get upgrades without buying all new licenses when a new version is released. 0723Microsoft _ Microsoft has offered an extended transition period and incentives to join the new program. This transition period ends on July 31. There has been much confusion regarding the new licensing program during the past few months and Microsoft has changed or clarified the rules several times. It is for this reason that staff waited until the end of the transition period to make a recommendation to the Council for action. This software maintenance program is a good investment if an organization plans to upgrade personal computer software more often than every 4 years, or network software more often than every 3% years. Another advantage is that software costs are predictable and level from year to year. There are also potential savings in that you are pre-paying at present day prices for future software releases. However, this pre-payment aspect is also one of the major disadvantages of the maintenance program in that you are making along-term commitment to Microsoft software rather than keeping open the option to switch to one of its competitors. City Upgrade Policy Information Technologies Division (IT) staff have reviewed their original upgrade plans as reflected in the 2002 adopted budget and made some revisions in light of the current budget situation and recent experience. The version of Microsoft Office used by most City staff was installed four years ago. While this version still meets the needs of staff, it is now 2 versions old and incompatibilities are beginning to surface. IT staff recommends that Office be upgraded to the most current version later this year. Staff anticipates that the new version will be adequate for at least 4 years. This is a one year extension to the original replacement plan of every 3 years. IT staff recommends that the Microsoft networking software be upgraded next year. This software was installed in several phases 2% through 3 years ago, and is now one version old. Use of the systems supported by this software have experienced significant growth and increased importance to the operation of the City. IT staff feels that a 2 - 3 year upgrade cycle is appropriate. Recommendation Based on the above described upgrade plans, the most cost-effective way for the City to respond to the Microsoft licensing program changes is to: 1. Purchase maintenance for non-current Microsoft Office licenses, but do not renew the maintenance when it comes due next February. This will have the effect of upgrading our out-of-date Office licenses at a lower cost than the purchase of new licenses. 2. Purchase maintenance for all current and non-current Microsoft networking software licenses and plan to renew them next February. This will give us current licenses for all of our out-of-date licenses and allow us to upgrade on a 2 to 3 year schedule at a lower cost than we could without acquiring maintenance. ..~ Staff further recommends that all items be purchased from the State's Microsoft contract. Pricing on this contract is deeply discounted due to volume purchasing. Other pricing plans are available to the City and an alternative using a combination of this contract and another plan is noted below. However, staff recommends -~ , staying with the State contract so that our purchases contribute to the volume upon which the advantageous pricing is based. A cost comparison is attached. The total amount of this purchase request is $28,496.21 including sales tax. III. BASIS OF RECOMMENDATION A. POLICY • The recommended alternative supports personal computer software upgrades on a 4 year cycle and network upgrades on a 2 - 3 year cycle. B. CRITICAL ISSUES • The City needs to issue a purchase order by July 31 in order to take advantage of the transition incentives offered by Microsoft. After that time the only upgrade option is to purchase full licenses for the software at a higher cost. C. FINANCIAL • The 2002 adopted budget for the Information Technologies division includes $38,350 earmarked for this purchase. • Staff recommends that the City purchase from Software House International, one of the approved vendors for the State contract. D. LEGAL • It is the City's policy to comply with software copyright laws and licensing requirements. IV. ALTERNATIVE RECOMMENDATION~S~ • The Council can choose to take no action at this time. The result will be that when a software upgrade is implemented, the City will have to purchase new licenses. The City can also purchase some items from a general government pricing plan (GOLP) offered by Microsoft. The amount of the purchase will be higher because GOLP prices are higher, but the 5-year cost of this option is somewhat lower because of a difference in renewal dates. A purchase of $30,657.09 including sales tax needs to be authorized for this option. V. ATTACHMENTS • A comparative cost analysis of the 3 alternatives presented in this report is attached. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. 5-Year Cost Comparison of Microsoft Licensing Alternatives Assumptions: • Microsoft Office will be upgraded every 4 years. • Microsoft networking software will be upgraded every 2'/ to 3 years. • License quantities and pricing will not change from the present. • Sales tax is not included in the figures below. Recommended Alternative: Purchase from State Contract with Microsoft Purchas es Re uired b. Year Item 2002 2003 2004 2005 2006 Office Maintenance $ 13,200 $ - $ - $ _ $ _ New Office Licenses ** - 13,068 - _ _ Networkin Sftwr Maintenance 13,557 4,729 4,729 4,729 4,729 Total b Year $ 26,757 5-Year Total I $ 17.797 $ 4,729_ ~ _ $ 4,729 $ 4,729 - ~ ~ ~R ~a~ Alternative #1: Take No Action at This Time -- Purchases Required Item -- 2002 2003 2004 Office Licenses $ - $ 32,076 $ - Networkin Software Licenses - 17,828 - Total b Year $ - $ 49,904 $ - 5-Year Total Alternative #2: Purchase from GOLP and State Contracts b Year 2005 2006 $ - $ - - 17,828 $ - $ 17,828 ~ $ 67.732 Purchases Re uired b Year Item 2002 2003 2004 2005 2006 Office Maintenance $ 13,200 $ - $ - $ _ $ _ New Office Licenses ~* - 13,068 - _ _ Networkin Sftwr Maintenance 15,586 830 4,729 4,729 4,729 Total b Year 5-Year Total $ 28,786 _._. _ ~... ~ $ 13,898 ~ .-.~ ~_._ $ 4,729 $ 4,729 $ 4,729 _..i...~ ~ _:.~ _ a~ $ 56, 871 *~ The City owns a group of Microsoft Office licenses for which acost-effective upgrade option is not available under the transition incentives offered by Microsoft. These licenses will have to be replaced with new licenses at the time of the upgrade in early 2003. AGENDA SECTION: Consent AGENDA ITEM # 5 D REPORT # 1521 ~~ STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~f BRUCE SYLVESTER, PLANNING 8L ZONING ADMINISTRATOR Nance; TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the attached subdivision waiver for the Church of the Assumption located at 305 East 77th Street. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution, approving the subdivision waiver for the Church of the Assumption located at 305 East 77th Street. 4 .- ~. III. BACKGROUND ~ The Church of the Assumption, located at 305 East 77th Street, is seeking to split off a small portion of property (Parcel B on the attached map) and sell this land to Mr. Bob Lurtsema-the owner of the adjacent property at 220 East 78th Street (Parcel D on the attached map). Mr. Lurtsema would then combine this 3,187 sq. ft. property with his existing property at 220 East 78th Street and construct a small office building at this address on the 11,075 sq. ft. parcel. This building would replace his current building at 77th Street and Lyndale Avenue when the final phase of Lyndale Gateway progresses. 0709SubdivisionWaiver.doc III. BASIS OF RECOMMENDATION A. POLICY • Approval of the subdivision waiver would not intertere with the purposes of platting regulations, Section 500.05. • Compliance with the regular platting requirements of Section 500.05, Subdivision 1 of the Richfield City Code would result in an unnecessary hardship. B. CRITICAL ISSUES • Approval of the subdivision waiver will not create an unusable parcel, because the resulting 3,187 sq. ft. parcel .that will be split from 305 East 77th Street will be joined to the adjacent parcel to the south at 220 East 78th Street providing an 11,075 sq. ft. parcel. • Minnesota Statute 505.03 subdivision 2, Plats requires Minnesota Department of Transportation (MnDOT) to review all property subdivisions abutting MnDOT right-of--way. MnDOT has reviewed this proposed lot-split and informed the property owners of information regarding drainage rates that must be provided to MnDOT before any new construction can occur on the parcel at 220 East 78th Street. • The property at 220 East 78th Street is at the base of the pedestrian bridge that crosses I-494 East. A house was located on this property until 2001, when the house was removed by the property owner in preparations for the construction of a new office building. The site is currently vacant. • The property at 220 East 78th Street is legally nonconforming with respect. to lot area and lot width. By combining 220 East 78th Street with the land to be divided from the Assumption Church site, the property at 220 East 78th Street will conform to lot area requirements, while the nonconformity with respect to lot width will continue but will be reduced. • City staff have conducted a preliminary review of the proposed office building to be constructed at 220 East 78th Street and found that the proposed building and site improvements will meet City requirements. • Both 220 East 78th Street and 305 East 77th Street are zoned C-2. C. FINANCIAL • N/A D. LEGAL • N/A TERNATIVE • Deny this subdivision waiver if a finding of fact determines that the proposal would have an adverse impact on adjacent properties. V. ATTACHMENTS • City Council Resolution • Survey Vl. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Michael Dols, applicant. Church of the A RESOLUTION NO. RESOLUTION AUTHORIZING A SUBDIVISION WAIVER FOR THE CHURCH OF ASSUMPTION LOCATED AT 305 EAST 77TH STREET WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 305 East 77th Street, legally described as: Parcel A: That part of Government Lot 1 lying within the following described tract of land: the South 156 feet of the west 91 feet of the East 216 feet of the Southwest'/4 of the Southeast'/ of Section 34, Township 28 North, Range 24, West of the 4th Principal Meridian. ALSO: That part of Government Lot 1, Section 34, Township 28, Range 24, described as follows: The South 156 feet of the East 125 feet of the Southwest'/ of the Southeast'/ of Section 34, Township 28, Range 24, EXCEPT that part taken for State Trunk Highway No. 5 and 100 over the South 40 feet thereof, ALSO that part of Government Lot 1, Section 34, Township 28, Range 24 corresponding to that part of the East 1/8 of the South 'h of the Southwest'/ of the Southeast'/ of Section 34, Township 28, Range 24 lying North of the South .156 feet thereof, EXCEPT the Northerly 30 feet thereof. ALSO: That part of the South '/ of the Southeast'/4 of the Southeast'/4, of Section 34, Township 28, Range 24, lying Southerly of 77th Street and lying Westerly of a line drawn at right angles from a point on the North line of the South 590 feet thereof distant 425.65 feet West of the West line of Ranft's Addition, EXCEPT therefrom that part described as follows: That part of Government Lot 1, Section 34, Township 28, Range 24, described as follows: Commencing at a point which is 408.65 feet West of the Southwest corner of Ranft's Addition and 462.00 feet North of the South line of said Lot 1, which is the point of beginning; thence West along a line parallel to the South line of said Lot 1, a distance of 17.4 feet; thence North at right angles to said parallel line, a distance of 128.00 feet; thence East at right angles a distance of 17.4 feet; thence South to the point of beginning. ALSO: That part of the West'/2 of the East'/4 of the South'/2 of the Southwest'/4 of the Southeast'/4 of Section 34, Township 28, Range 24, lying North of the South 156 feet thereof, EXCEPT the North 30 feet thereof. ALSO: that part of the South 156 feet of Government Lot 1, of Section 34, Township 28, Range 24, lying West of the East 284 feet of the Southwest'/4 of the Southeast'/4 of said Section and lying East of the East line of Second Avenue South, and lying North of the north line of State Trunk Highway No. 5 and 100; and WHEREAS, the applicant proposes to divide the above-described Parcel A into two parcels, legally described as: Parcel B: That part of Government Lot 1 in Section 34, Township 28, Range 24, described as follows: Beginning at the northwest corner of the west 68.00 feet of ~) the east 284.00 feet of the south 156.00 feet of that part of said Government Lot 1 which lies within the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, except road, Hennepin County, Minnesota; thence South 00 degrees 15 minutes 01 seconds West along the west line of said west 68.00 feet, a distance of 116.00 feet to the north right-of--way line of Interstate Highway -~ No. 494; thence South 89 degrees 55 minutes 29 seconds West along said right-of way line, a distance of 14.65 feet to the east line of Second Avenue South; thence North 00 degrees 14 minutes 58 seconds East along said east line of Second Avenue South a distance of 134.00 feet; thence North 89 degrees 55 minutes 29 seconds East a distance of 82.65 feet to the west line of east 216 feet of that part of said Government Lot 1 which lies within the Southwest Quarter of the Southeast Quarter, Section 34, Township 28, Range 24, except road, Hennepin County, Minnesota; thence South 00 degrees 15 minutes 01 seconds West along said last described west line, a distance of 18.00 feet to the north line of said south 156.00 feet of said Government Lot 1; thence South 89 degrees 55 minutes 29 seconds West along said north. line a distance of 68.00 feet to the point of beginning; and Parcel C: That part of Government Lot 1 lying within the following described tract of land: the South 156 feet of the West 91 feet of the East 216 feet of the Southwest '/ of the Southeast'/ of Section 34, Township 28, North, Range 24, West of the 4tn Principal Meridian. ALSO: That part of Government Lot 1, Section 34, township 28, Range 24, described as follows: The South 156 feet of the East 125 feet of the Southwest'/4 of the Southeast'/ of Section 34, Township 28, Range 24, EXCEPT that part taken for State Trunk Highway No. 5 and 100 over the South 40 feet thereof, ALSO: that part of Government Lot 1, Section 34, Township 28, Range 24 corresponding to that part of the East 1/8 of the South % of the Southwest'/4 of the Southeast'/ of Section 34, Township 28, Range 24, lying North of the South 156 feet thereof, EXCEPT the Northerly 30 feet thereof. ALSO: That part of the South'/2 of the Southeast'/ of the Southeast'/, of Section 34, Township 28, Range 24, lying Southerly of 77th Street and lying Westerly of a line drawn at right angles from a point on the North line of the South 590 feet thereof distant 425.65 feet West of the West line of Ranft's Addition, EXCEPT therefrom that part described as follows: That part of Government Lot 1, Section 34, Township 28, Range 24, described as follows: Commencing at a point which is 408.65 feet West of the Southwest corner of Ranft's Addition and 462.00 feet North of the South line of said Lot 1, which is the point of beginning; thence West along a line parallel to the South line of said Lot 1, a distance of 17.4 feet; thence North at right angles to said parallel line, a distance of 128.00 feet; thence East at right angles a distance of 17.4 feet; thence South to the point of beginning. ALSO: That part of the West'/ of the East'/4 of the South %2 of the Southwest'/ of the Southeast'/4 of Section 34, Township 28, Range 24, lying North of the South 156 feet thereof, EXCEPT the North 30 -feet thereof and EXCEPT that part of Government Lot 1 in Section 34, Township 28, Range 24 described as follows: beginning at the Northwest corner of the East 216 feet of the South 156 feet of the Southwest quarter of the Southeast quarter of Section 34, Township 28, Range 24; thence West a distance of 82.65 feet to the East line of Second Avenue South; thence North along said East line a distance of 18 feet; thence East a distance of 82.65 feet to the west line of the East 216 feet of the Southwest Quarter of the Southeast quarter, Section 34, Township 28, Range 24; thence South along said ~~ West line, a distance of 18 feet to the point of beginning; and, i WHEREAS, the applicant proposes to convey the proposed Parcel B to the owner of the adjoining property located at 220 East 78th Street, which is legally described as: - ~ Parcel D: The west 68.00 feet of the east 284.00 feet of the south 156.00 feet of that part of Government Lot 1 which lies within the Southwest Quarter of the Southeast Quarter, Section 34, Township 28, Range 24, except road, Hennepin County, Minnesota; and WHEREAS, the proposed Parcel B does not comply with Subsection 521.09 of the City Code relating to lot area and width; and WHEREAS, Parcel D is legally nonconforming with respect to lot area and width, but the combination of Parcels B and D will make the combined parcel conforming as to lot area and will minimize the nonconformity with respect to lot width; and WHEREAS, the combination of Parcels B and D results in the creation of a new parcel legally described as: Parcel E: The west 68.00 feet of the east 284.00 feet of the south 156.00 feet of that part of Government Lot 1 which lies within the Southwest Quarter of the Southeast Quarter, Section 34, Township 28, Range 24, except road, Hennepin County, Minnesota; together with that part of said Government Lot 1, described as follows: Beginning at the northwest corner of the west 68.00 feet of the east 284.00 feet of the south 156.00 feet of said Government Lot 1; thence South 00 degrees 15 minutes 01 seconds West along the west line of said west 68.00, a distance of 116.00 feet to the north right-of--way line of Interstate Highway No. 494; thence South 89 degrees 55 minutes 29 seconds West along said right-of--way line, a distance of 14.65 feet to the east line of Second Avenue South; thence North 00 degrees14 minutes 58 seconds East along said east line of Second Avenue South a distance of 134.00 feet; thence 'North 89 degrees 55 minutes 29 seconds East a distance of 82.65 feet to the west line of east 216 feet of said Government Lot 1; thence South 00 degrees 15 minutes 01 seconds West along said last described west line, a distance of 18.00 feet to the north line of said south 156.00 feet of Government Lot 1; thence South 89 degrees 55 minutes 29 seconds West along said north line a distance of 68.00 feet to the point of beginning; and WHEREAS, the City has fully considered the request for approval for the. subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Subsection 500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A waiver for the subdivision of the Subject Property legally described above as Parcel A into Parcels B and C is hereby granted; and ~ 2. The conveyance of Parcel B to the owner of Parcel D is hereby approved, on ~ the condition that the owner of Parcel D combine Parcels B and D as a single parcel; and 3. Future transfers may be by parcel as described above as Parcel C or Parcel E; and 4. City staff is authorized and directed to take any action necessary to effectuate this resolution and to authorize the recording of conveyances complying with the terms of this resolution. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. 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Z t ?_ x i n V Z n '~ ~i _~ i C L .( G G L /: G i .j .U n ~ ~ r '~ _ J ~ - I I" I~ I~ ~~ ti w 0 °o 0 STAFF REPORT AGENDA SECTION: AGENDA ITEM # REPORT # CITY COUNCIL MEETING JULY 23, 2002 Consent 5C 180 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: JULIE URBAN, COMMUNITY DEVELOPMENT SPECIALIST NAME, TITLE BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution establishing just compensation and authorizing the purchase of twenty single family homes located at 6614, 6620, 6626, 6632, 6638, 6644, 6700, 6708, 6714, 6720, 6726, 6732, 6738, 6744, 6715, 6721, 6727, 6733, 6739, 6745 18th Avenue and two duplex homes located at 6701 and 6709 18th Avenue (Airport Noise Acauisition Proaraml. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution establishing just compensation and authorizing the purchase of 6614, 6620, 6626, 6632, 6638, 6644, 6700, 6708, 6714, 6720, 6726, 6732, 6738, 6744, 6715, 6721, 6727, 6733, 6739, 6745 18th Avenue and 6701 and 6709 18th Avenue (Airport Noise Acauisition Proaraml. II. BACKGROUND On March 26, 2002, the City Council approved an agreement (Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million of Federal Aviation Administration (FAA) airport improvement program funds to the City of Richfield to purchase properties (including all related costs) that are, or will be, negatively impacted by airport operations. Properties in the 6600 and 6700 blocks of 18th Avenue were identified for purchase with the funds. Appraisals have been completed on twenty single family homes and 0723ANAPjustcomp NAME, TITLE two duplexes on 18th Avenue. The appraisals have been reviewed by the City's review appraiser who has made a recommendation to the City and MAC. MAC concurs with the review appraiser's opinion and is recommending just compensation in the following amounts: Pro a Address Fair Market Value 6614 18th Ave S $164,000 6620 18th Ave S $169, 000 6626 18th Ave S $160, 000 6632 18th Ave S $164,000 6638 18th Ave S $162,000 6644 18th Ave S $205,000 6700 18th Ave S $169,000 6708 18th Ave S $163,000 6714 18th Ave S $170,000 6720 18th Ave S $180, 000 6726 18th Ave S $176, 000 6732 18th Ave S $170,000 6738 18th Ave S $172,000 6744 18th Ave S $150,000 6701 18th Ave S $223, 000 6709 18th Ave S $203,000 6715 18th Ave S $165,000 6721 18th Ave S $179, 000 6727 18th Ave S $178, 000 6733 18th Ave S $175,000 6739 18th Ave S $188,000 6745 18th Ave S $182, 000 TOTAL $3,867,000 In addition to the above amount, the property owners may also be eligible for relocation benefits. The relocation benefits will be calculated separately once an offer is made to the property owner in accordance with the Uniform Relocation Act. Attached is the resolution for City Council consideration. III. BASIS OF RECOMMENDATION A. POLICY • The City and MAC have identified certain properties for. purchase for the Airport Noise Acquisition Program in accordance with the Agreement. • .The properties are within the 87dB contour. • Uniform acquisition procedures are being followed. -y B. CRITICAL ISSI7ES • Conworth, Inc. will make purchase offers immediately to property owners upon the City Council's approval of just compensation. C. FINANCIAL • The MAC is obligated to fund this transaction in accordance with the Agreement. • The MAC has reviewed the fair market values of the properties and has recommended that the City Council approve just compensation so that purchase offers can be made to the property owners. D. LEGAL • There are no pending legal issues at this time. E. TIMING • The City's acquisition agent, Conworth, Inc. and legal counsel, Kennedy & Graven, will coordinate settlement issues with property owners. • If a purchase offer is accepted by a property owner, a settlement closing could occur within a 45-60 day period. • Property owners will be allowed 30 days after closing to coordinate moving activities. An Escrow and Occupancy Agreement will dictate the terms of property owner's possession of the property after closing. • Once the single family and duplex homes are purchased, the remainder of the funding will be used to purchase as many of the apartment buildings on Cedar Avenue, north of 66th Street, as possible. • Additional MAC funds will be used to purchase the American Family Insurance building at 6700 Cedar Avenue. The City Council will be asked to establish just compensation for that property in August. IV. ALTERNATIVE RECOMMENDATION(S~ • Delay approval of just compensation. • Do not approve just compensation and property acquisition. V. ATTACHMENTS • Resolution establishing just compensation and authorizing the purchase of properties. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A RESOLUTION NOe RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6614, 6620, 6626, 6632, 6638, 6644, 6700, 6708, 6714, 6720, 6726, 6732, 6738, 6744, 6701, 6709, 6715, 6721, 6727, 6733, 6739, 6745 18TH AVENUE AIRPORT NOISE ACQUISITION PROGRAM WHEREAS, on September 10, 2001, the City Council approved the acquisition strategy for residential property in the airport mitigative area, using $10 million in federal funds secured by Congressman Sabo; and WHEREAS, on March 26, 2002, the City Council approved an agreement (Agreement) with the Metropolitan Airports Commission (MAC) to provide $10 million of Federal Aviation Administration (FAA) airport improvement program funds to the City of Richfield to purchase properties (including all related costs) that are, or will be, negatively impacted by airport operations; and WHEREAS, within the aforementioned airport mitigative area the real property listed within Exhibit A is identified for purchase; and WHEREAS,-the City is authorized by Minnesota Statutes to acquire real property within its corporate boundaries; and WHEREAS, the City has caused appraisals for the subject properties to be made by qualified independent professional appraisers to determine fair market value of real estate; and WHEREAS, qualified review appraisers for the real property have certified the appraisal reports as being in conformity. with professional appraisal standards, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, Appraisal Specifications (5-491.203) set forth in the State of Minnesota's Right of Way Manual, and the Federal Aviation Administration's (FAA) Preparation of Real Estate Appraisals, Appraisal Report Content, Detailed Appraisals and Appraisal Reviews; and WHEREAS, the fair market values, as recommended by the review appraisers and approved by MAC, are listed within Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. That the just compensation amounts in Exhibit B are hereby approved. 2. That the City's acquisition/negotiation/relocation consultant, Conworth, Inc., is authorized to present purchase offers of said amounts listed in Exhibit B to the respective property owners. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor ATTEST: ~~ i Deborah J. Guiher, Deputy City Clerk EXHIBIT A -~~ J Property Address Legal Description 6614 18th Ave S Lot 3, Block 2, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6620 18th Ave S Lot 4, Block 2, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6626 18th Ave S Lot 5, Block 2, Wexlers Addition Together with all .abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6632 18th Ave S Lot 6, Block 2, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6638 18th Ave S Lot 7, Block 2, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6644 18th Ave S Lot 8, Block 2, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6700 18th Ave S Lot 1, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6708 18th Ave S Lot 2, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6714 18th Ave S Lot 3, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6720 18th Ave S Lot 4, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6726 18th Ave S Lot 5, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6732 18th. Ave S Lot 6, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6738 18th Ave S Lot 7, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6744 18th Ave S Lot 8, Block 3, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6701 18th Ave S Lot 16, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6709 18th Ave S Lot 15, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6715 18th Ave S Lot 14, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6721 18th Ave S Lot 13, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6727 18th Ave S Lot 12, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6733 18th Ave S Lot 11, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6739 18th Ave S Lot 10, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto 6745 18th Ave S Lot 9, Block 4, Wexlers Addition Together with all abutting streets and alleys, vacated or to be vacated, and all easements, gaps, overlaps and gores, appurtenant thereto EXHIBIT B ~, Property Address Fair Market Value 6614 18th Ave S $164, 000 6620 18th Ave S $169, 000 6626 18th Ave S $160, 000 6632 18th Ave S $164, 000 6638 18th Ave S $162, 000 6644 18th Ave S $205,000 6700 18th Ave S $169, 000 6708 18th Ave S $163,000 6714 18th Ave S $170, 000 6720 18th Ave S $180, 000 6726 18th Ave S $176, 000 6732 18th Ave S $170,000 6738 18th Ave S $172,000 6744 18th Ave S $150,000 6701 18th Ave S $223,000 6709 18th Ave S $203,000 6715 18th Ave S $165,000 6721 18th Ave S $179,000 6727 18th Ave S $178,000 6733 18th Ave S $175,000 6739 18th Ave S $188,000 6745 18th Ave S $182,000 AGENDA SECTION: AGENDA ITEM # REPORT # D STAFF REPORT CITY COUNCIL MEETING JULY 23, 2002 CONSENT 179 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE REPORT PRESENTER: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: STEVEN L. DEVICH, ADMINISTRATIVE SER~ICES DIRECTOR ' ~3~°+ ~' NAipIE. TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration to set Special City Council Meeting for 2002 Revised/2003 Proposed Budget and settin relimina tax lev . I. RECOMMENDED ACTION: By Motion: Authorize the date of August 12, 2002 as a Special City Council meeting to review and discuss the 2002 Revised/2003 Proposed Budget and Preliminary Tax Levy prior to certification to the Countv on September 15. 2002. II. BACKGROUND Each year the City has held a Special City Council meeting to discuss the upcoming budget and tax levy before adopting the preliminary levy. The meeting. provides an opportunity to present the key initiatives, issues and financial impact of the Proposed Budget and Tax Levy. ~ III. BASIS OF RECOMMENDATION 07236udget - A. POLICY • City staff is now in the process of preparing the draft 2002 Revised/2003 Proposed Budget. Included in that draft document is the proposed preliminary property tax levy for the City and for the Richfield HRA. The Truth in Taxation Statute requires that a preliminary levy be adopted by the local units of government and certified to the County Auditor on or before September 15 each year. • In order to review the draft budget document with the City Council prior to the September 15 deadline, it is necessary to establish at least one Special City Council meeting. B. CRITICAL ISSUES • Because of the strict timeframe associated with the Truth in Taxation process, this issue should be considered at the July 23, 2002 meeting so that a date for special meetings may be established if the City Council wishes to use that process. C. FINANCIAL • Draft budget documents should be available to Council Members on August 2. D. LEGAL • The Truth in Taxation Statute requires that a preliminary levy be adopted by local units of government and certified to the County Auditor on or before September 15 of each year. • .The City Charter requires that the City Manager submit to the City Council, at a special budget meeting, a budget and explanatory budget message on or before the first Tuesday in September. IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could schedule meetings on a different date than suggested. • The City Council could schedule additional meetings. • The City Council could decide not to schedule any budget meeting and. proceed with the preliminary levy at a regular City Council meeting before September 15, 2002. V. ATTACHIVIENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ None STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # COUNCIL MEETING DATE: JULY 23, 2002 CONSENT 5A 178 REPORT PREPARED BY: KATHY FARRIS, HUMAN SERVICES PLANNER/COORDINTOR NAME, TITLE REPORT PRESENTER: NAME, TITLE REVIEWED BY CITY MANAGER: ~~ ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution authorizing the City of Richfield to apply fora federal Title V - Minnesota Juvenile Delinquency Prevention Grant, administered by the Minnesota Department of Economic Security, in the amount of $50,000 for the period of January 1 -December 31, 2003 for the purpose of providing prevention services to youth under the age of 18 (and their families) who have had contact with the juvenile justice system or who are at risk of having contact with the juvenile justice system, and authorizing the City Manager, upon receipt of such funds, to execute aSub-Contract Agreement with anon-profit organization as approved by the Richfield Community Council to provide services as specified the Minnesota Department of Economic Security and the Citv of Richfield. ~~ I. RECOMMENDED ACTION: ~~ By motion: Approve the attached resolution authorizing the City of Richfield to apply for a federal Title V -Minnesota Juvenile Delinquency Prevention Grant, administered by the Minnesota Department of Economic Security, in the amount of $50,000 for the period of January 1 -December 31, 2003 for the purpose of providing prevention services to youth under the age of 18 (and their families) who have had contact with the juvenile justice system or who are at risk of having contact with the juvenile justice system, and authorizing the City Manager, upon receipt of such funds, to execute a Sub-Contract Agreement with anon-profit organization as approved by the Richfield Community Council to provide services as specified the Minnesota Department of Economic Security and the Citv of Richfield. II. BACKGROUND The Juvenile Justice Advisory Committee and the Minnesota Department of Economic Security-Office of Youth Development have announced the availability of $342,085 of Juvenile Justice Title V prevention funding. Eligible units of general local government selected for Title V funding may receive up to a maximum of $50,000 per year. Title V recipients are required to provide a minimum of one dollar of local matching funds for every two dollars of federal funds awarded. Funds can be used for activities such as direct prevention services, child and adolescent health and mental health services, alcohol and substance abuse prevention services, leadership development activities and youth recreational services, mentoring, tutoring and academic enrichment, and prevention services that include an employment and training component. Services must be targeted to youth under the age of 18 (and their families) who have had contact with the juvenile justice system or who are at risk of having contact with the juvenile justice system. Grantees must submit a Juvenile Delinquency Prevention Plan as well as a plan for the development and administration of a Prevention Policy Board. The Richfield Community Council (RCC) has requested that the City of Richfield apply for these funds with the intention that the Richfield Community Council take full responsibility for writing the grant, submitting a Juvenile Delinquency Prevention Plan, developing and administrating a Prevention Policy Board, enlisting anon-profit organization to operate the services for the grant, providing matching funds, and meeting all State requirements for the grant. Upon award of the grant, the City of Richfield would contract with anon-profit organization to provide services as proposed in the grant. The subcontracted service would be monitored by the Human Services Division. III. BASIS OF RECOMMENDATION - A. POLICY • The City of Richfield, as a general local government, is eligible to apply for federal Title V funds. • The Richfield Community Council, through its Work Group focusing on Youth At Risk, and its authorization to allocate LCTS funds, is fully prepared to take on the responsibility to organize and carry out the tasks required for the Title V grant and to provide matching funds. B. CRITICAL ISSUES • The Title V grant must be submitted by August 29, 2002. • The RCC will take full responsibility for writing the grant, submitting a Juvenile Delinquency Prevention Plan, developing and administrating a Prevention Policy Board, enlisting anon-profit organization to operate the services for the grant, providing matching funds, and meeting all state requirements for the grant. C. FINANCIAL • Funds received will be subject to federal audit. • 5% of any grant funds received will be budgeted for costs incurred to the City of Richfield to administrate the grant; the remainder of grant funds will be subcontracted to anon-profit organization for the designated purpose of fulfilling the grant proposal. • The required match for the grant will be fully provided by LCTS funds allocated by the RCC and by in-kind services provided by the subcontract organization providing services. D. LEGAL • Eligible applicants for Title V funding are limited by federal law to units of general local government. • The City of Richfield would enter into an agreement with the RCC to meet all requirements of the grant. • The City of Richfield would enter a subcontract agreement with a local non- profit organization to provide services. N. ALTERNATIVE RECOMMENDATION(S~ • The Council may decide not to authorize the City of Richfield to apply for the Minnesota Department of Economic Security Title V grant. V. ATTACHMENTS • Resolution • Title V -Minnesota Juvenile Delinquency Prevention Grant Application Introduction • RCC request and list of members VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Roger Grusznski, Chair, Richfield Community Council RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO APPLY FOR A FEDERAL TITLE V -MINNESOTA JUVENILE DELINQUENCY PREVENTION GRANT, ADMINISTERED BY THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY, IN THE AMOUNT OF $50,000 FOR THE PERIOD OF JANUARY 1 -DECEMBER 31, 2003 FOR THE PURPOSE OF PROVIDING PREVENTION SERVICES TO YOUTH UNDER THE AGE OF 18 (AND THEIR FAMILIES) WHO HAVE HAD CONTACT WITH THE JUVENILE JUSTICE SYSTEM OR WHO ARE AT RISK OF HAVING CONTACT WITH THE JUVENILE JUSTICE SYSTEM WHEREAS, the City of Richfield, as a general local government, is eligible to apply for federal Title V funds; and WHEREAS, the Richfield Community Council has requested that the City of Richfield apply for these funds with the intention that the Richfield Community Council take full responsibility for writing the grant, submitting a Juvenile Delinquency Prevention Plan, developing and administrating a Prevention Policy Board, enlisting anon-profit organization to operate the services for the grant, providing matching funds, and meeting all state requirements for the grant. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Richfield apply for aTitle V -Minnesota Juvenile Delinquency Prevention Grant, administered by the Minnesota Department of Economic Security, in the amount of $50,000 for the period of January 1 -December 31, 2003. BE IT FURTHER RESOLVED that the City Manager, upon award of Title V funds, be authorized to execute a contractual agreement with anon-profit organization as approved by the Richfield Community Council to provide services as specified by the Minnesota Department of Economic Security and the City of Richfield. Passed by the City Council of the City of Richfield, Minnesota this 23rd day of July, 2002. Martin J. Kirsch, Mayor Nancy Gibbs, City Clerk Introduction ~#~`e.~/-Minnesota Juvenile Delinquency Prevention Grant Funds Available The Juvenile Justice Advisory Committee (JJAC) and the Minnesota Department of Economic Security (MDES)--Office of Youth Development are pleased to announce the availability of $342,085 of Juvenile Justice Title V prevention funding. Eligible-units of general local government selected for Title V funding may receive up to a max~_.__ 'mom pf- ~A,~08LL.~ycear. Title V applicants will be required to provide a minimum of one dollar of local matching funds for every two.dollars of federal funds awarded. Eligible Applicants Eligible applicants for Title V funding are limited by federal law to units of general local government (e.g. cities, counties, and townships) or those tribal governments that perform law enforcement functions as determined by the U.S. Department of Interior. Current Title V grantees are not eligible to apply in this application cycle. State Independent School Districts are not considered a unit of general local government under this federal title. Juvenile Accountability Incentive Block Grant (JAIBG) grantees who are eligible for Title V are strop j`~~ encouraged to apply. JALBG grantees may use their Juvenile Crime Enforcement Coalition (JCEC) as a Title V required Prevention Policy Board as long as it meets the Title V requirements. The JAIBG Juvenile Crime Prevention Plan also may be used as a basis for the Three Year Delinquency Prevention Plan. Allowable Activities -~ Title V of the Juvenile Justice and Delinquency Prevention Act lists the following as allowable activities: ^ Alcohol and substance abuse prevention services ^ Child and adolescent health and mentaF health services ^ ;~. C~i'ect prevention services. ^ Leadership development activities and Youth Recreational Services ^ Mentoring; Tutoring and academic enrichment ^ Prevvention Services that include an employment and training component Target Population- Youth under the age of 18 (and their families), who have had contact with the juvenile justice system or who-are at risk of having contact with the juvenile justice system. Duration of Funding Contracts will begin on January 1, 2003, and will be in effect for 12 months. 3 Application-Content The application must include all of the following items in order to be considered for funding: ^ ^ Application Cover Sheet with Authorized Signature Prevention Policy Board Members list (Form 1) ^ Project Narrative (6 page maximum) (Form 2) ^ ^ Work. Plan (including. goals and measurable outcomes) Partnership Chart (Form 3 ) ^ Letters of Commitment (Form 4) ^ Budget Narrative and Justification ^ Three Year Delinquency Prevention Plan (Forms 5, 6 & 7) The narrative section MUST NOT exceed 6 pages, single spaced, single-sided, 3/4" margins, minimum font size of 12 points. The six page limit is for the narrative section only. It does NOT pertain to letters of commitment or other application requirements such as the Partnership Chart or Budget section. It does not pertain to the Three Year Delinquency Prevention Plan. _Application Deadline An original and six (6)copies of the application, attachments and a completed Three Year Delinquency Prevention Plan must be received at the Department of Economic Security no later than 4:00 PM, Thursday, August 29; 2003: Minnesota Department of Economic Security Office of Youth Development 390 North. Robert Street St. Paul, MN 55101 Attn: Alana Romanowski Faxed or E-mailed applications 1IVILL NOT be accepted. Award Notification All applicants. will be notified of final funding decisions no later than mid November. Grant Requirements Grant agreements require both state and federal tax identification numbers. Applicants must comply with all state and federal requirements including worker's compensation, affirmative action, data privacy, juvenile detention standards, and the 'Americans with Disabilities Act (ADA), among others. Applicants must be prepared to comply with state reporting and project evaluation requirements. Forms and format will be provided. Quarterly Progress Reports on both program and fiscal components are reviewed by JJAC quarterly. JJAC reserves the right to reduce or discontinue grants based on lack of performance. M Alternative Format On request, the Minnesota Juvenile Delinquency Prevention Grants application and ,information materials will be made available in alternative formats.. For TDD, contact Minnesota Relay at 711 or 800/627-3529. Technical Assistance Technical Assistance in interpreting the instructions or preparing the application is available. Contact: Carrie Wasley John Olson MN Department of Economic Security MN Department of Economic Security 651/296-2684 651/282-2732 800/456-8519 800/456-8519- cwaslevannpwmail des state mn ug 'rolson n wmail.des.state.mn.us This application Bs available from the youth web page, www,mnwfc orq/ outh. t t 5 Richfield Community Council Responsibilities for Title V Grant Project The Richfield Community Council's mission is to strengthen the Richfield community by fostering collaborative partnership addressing the human service needs of its residents. The Richfield Community Council is made up of community and agency representatives including: The Storefront Group, Richfield Human Service Planning Commission, Hennepin County, VEAP, Youthnet, Richfield City Council, Richfield HRA, Richfield Foundation, Richfield Schools, Family & Children's Service, Bloomington Public Health, Richfield Advisory Board of Health, Hennepin County Libraries, as well as community members who have a vested interest in the mission of the council. Please see attached list. The Richfield Community Council, on June 18t", passed a motion requesting that the City of Richfield submit a request for aTitle V - MN Juvenile Justice Grant. Only the City is eligible to submit a request for Title V grant monies. Proposed projects need to be developed collaboratively which is in line with the Council's mission and also supports the Community Council's focus of strengthening services and supports for youth at risk. Therefor, the Community Council is willing to: • organize the planning activities needed for the project • develop the proposal • create the required Prevention Policy Board for oversight of the project The Council will not be requesting any funds directly for services, but rather will be organizing the process to develop the plan; funding would go directly to identified provider(s) who can meet the identified need. 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