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08-14-00 agenda • CITY OF RICHFIELD, MINNESOTA MONDAY, AUGUST 14, 2000 RICHFIELD CITY HALL 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL STUDY SESSION COUNCIL CHAMBERS 5:30 P.M. Call to Order Roll Call I. 5:30-5:45 p.m. Annual meeting with Friendship City Commission II. 5:45-5:50 p.m. Mayor's request to discuss cable casting of HRA and Planning Commission meetings III. 5:50-6:35, p.m. Discussion of long-range action plan developed by City's Livable Communities Team that would give City ability to more effectively deal with chronic problems in area of multi-housing Staff Report No. 19 IV. 6:35-7:00 p.m. Update on Environmental Impact Statement process for Best Buy Campus development Staff Report No. 20 Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to Order Pledge of Allegiance Roll Call Approval of Minutes of Regular City Council Meeting of July 24, 2000 PRESENTATION Individuals who wish to address the Council are requested to print their name and address on the Speaker's Register for the record. Opportunity for citizens to address the Council on items not on the agenda Notes: AGENDA APPROVAL 2. Council approval of agenda. CONSENT CALENDAR 3. 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 designating polling places and appointing election judges for September 12, 2000 Primary Election and November 7, 2000 General Election S.R. No. 187 B. Consideration of approval of resolution authorizing execution of amendment agreement No. 79355-1 with Minnesota Department of Transportation for cost sharing of water main construction performed across 66th Street at Girard Avenue S.R. No. 188 C. Consideration of approval of resolution approving agreements PW-34-19-00 and PW 35-19-00 with Hennepin County for County participation in replacing sidewalk and burying overhead utilities in two areas near Veterans Memorial Park of Richfield S.R. No. 189 D. Consideration of approval of award of contract to DMJ Corp. for paving 7600 block of Garfield Avenue in amount of $32,649.90 S.R. No. 190 E. Consideration of approval of resolution certifying delinquent sewer and water utility accounts to County Auditor S.R. No. 191 F. Consideration of approval of resolution allowing Minnesota Department of Transportation to act as City's agent in accepting federal aid in connection with right- . of-way acquisition to extend 77th Street for underpass of Highway 77 S.R. No. 192 G. Consideration of approval of contracts for older adult services collaborative between City of Richfield and two older adult housing facilities in Richfield, Gramercy Corporation and Twin City Christian Homes, Inc.. S.R. No. 193 H. Consideration of approval of re-allocation of 2000 capital improvement budget funds from completed Community Garden replacement project fund to Wood Lake emergency bridge repair fund S.R. No. 194 I. Consideration of approval of resolution granting renewal of lawful gambling license with fee waiver for Church of St. Peter, 6730 Nicollet Avenue. S.R. No. 195 J. Consideration of approval of resolution authorizing. Richfield Public Safety Department acceptance of Safe and Sober Communities grant funds S.R. No. 196 K. Consideration of approval of resolution establishing just compensation and authorizing purchase of properties and outdoor advertising signs for 66th Street/TH 77 Interchange Project S.R. No. 197 , L. Consideration of approval of two resolutions authorizing condemnation of properties and outdoor advertising signs located within 66th Street/TH 77 Interchange Project S.R. No. 198 M. Consideration of approval of execution of two review appraiser professional services agreements for 66th Street/TH 77 Interchange Project S.R. No. 199 N. Consideration of approval of execution of Phase II environmental site assessment professional services agreement with Liesch Associates, Inc. for 66th Street and TH 77 Interchange Project S.R. No. 200 O. Consideration of approval of execution of nine professional services agreements for Cedar Avenue Airport Noise Mitigation Area Project S.R. No. 201 Notes: PUBLIC HEARINGS 4. Consideration of special assessments January 1 through December 31, 1999: A. Public hearing and consideration of resolution adopting assessment for removal of diseased trees from private property Staff Report No. 202 Notes: B. Public hearing and consideration of resolution adopting assessment for Lyndale/HUB/Nicollet maintenance Staff Report No. 203 Notes: C. Public hearing and consideration of resolution adopting assessment for 77th Street maintenance Staff Report No. 204 Notes: 5. Consideration of special assessments January 1 through December 31, 2001: A. Public hearing and consideration of resolution ordering Lyndale/HUB/Nicollet maintenance work to be done and costs specially assessed Staff Report No. 205 • Notes: B. Public hearing and consideration of resolution ordering 77th Street maintenance work to be done and costs specially assessed Staff Report No. 206 Notes: 6. Public hearing and second reading of ordinance amendment to City Administrative Code Section 1, Subsection 310.13 describing appointment and placement of relatives Staff Report No. 207 Notes: 7. Public hearing regarding request for renewal of conditional use permit to allow auto sales at 6529 Penn Avenue • Staff Report No. 208 Notes: 8. .Public hearing and consideration of resolution approving conditional use permit to allow construction of 1,411 square foot utility building at 6309-18th Avenue Staff Report No. 209 Notes: RESOLUTIONS 9. Consideration of resolution approving stipulation of final settlement relating to acquisition by condemnation of 6521 Cedar Avenue for 66th Street/TH 77 Interchange Project Staff Report No. 210 Notes: 10. Consideration of resolution approving stipulation of final settlement relating to acquisition by condemnation of 1710 East 78th Street for 77th Street, Phase III, Underpass Project S.R. No. Staff Report No. 211 Notes: PROPOSED ORDINANCE 11. First reading of amendment to City Ordinance Code establishing separate fire service from Public Safety Department and establishing Fire Department Staff Report No. 212 Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS AIRPORT BUSINESS 12. Airport status report Notes: CORRESPONDENCE Notes: COUNCIL CHOICE 13. Council discussion items Notes: 14. Claims and payrolls 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. • ~J STAFF REPORT AGENDA ITEM # IV REPORT # CITY COUNCIL STUDY SESSION AUGUST 14, 2000. REPORT PREPARED BY: JULIE URBAN, ZONING ADMINISTRATOR NAME TITLE JOHN STARK, COMMUNITY DEVELOPMENT REPORT PRESENTER: MANAGER AND JULIE URBAN, ZONING ADMINISTRATOR NAME TITLE ACTING DEPARTMENT DIRECTOR REVIEW: ~~ SIGNATURE REVIEWED BY CITY MANAGER: ~ _ ~~ ~ ITEM FOR COUNCIL CONSIDERATION: } Update on Environmental Impact Statement process for Best Buy Campus development. L RECOMMENDED ACTION: None. Discussion Only. III. BACKGROUND On July 10, 2000, the City Council approved the Scoping Environmental Assessment Worksheet for the Best Buy campus development. On August 14, the City will submit notice of the Draft Environmental Impact Statement (EIS) to the Environmental Quality Board (EQB) for publication in the EQB Monitor. Following publication of the notice on August 21, there will be a public comment period on the Draft EIS. The comment period .will run through September 28. A copy of the Draft EIS will be available for public review after August 21 at City Hall, the Augsburg Park Library (after it reopens) and the Southdale Library. Copies of the Draft EIS will be delivered to the City Council On September 5 at 6:00 p.m., there will be a special sf~dy session for the City Council to review the information in the Draft EIS. This session will give the Council 0814bestbuyElS the opportunity to ask any questions about the EIS. Staff will also be available to meet individually with Council Members as needed. On September 13, there will be a public information meeting at which citizens can provide verbal comments on the Draft EIS. While not required by Statute, staff recommends that the City Council host the information meeting. Work on the Final EIS will begin following the close of the public comment period for the Draft EIS. Staff anticipates that the comment period for the Final EIS will occur between October 31 to November 13, 2000. The Council would be asked to make its finding on the EIS on December 11, 2000, III. BASIS OF RECOMMENDATION A. POLICY • The EIS describes the impacts of the Best Buy Campus development in the following areas: traffic, erosion control, surface water runoff, noise, air quality, social and economic factors, hazardous materials, solid wastes, historical resources, water supply,. waste water, visual impacts, compatibility with City plans and adjacent land uses, public services, dewatering, wildlife habitat, stationary emissions, and. pedestrian and bicycle movements. The EIS then identifies measures to mitigate the negative impacts. B. CRITICAL ISSUES • There is a significant amount of information contained in the EIS. A special study session has been established to allow for a close review • of the document and to give the Council an opportunity to ask questions and provide feedback to staff. • Council. Members should note that several special meetings have been scheduled relating to the EIS. The Council should notify staff as .soon as possible if there are any major conflicts concerning these dates. C. FINANCIAL • N/A D. LEGAL • The EIS process must be completed before the City Council can make a decision on any zoning permits for the proposed development. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ I V . ATTACF-IMENTS I • Cis ~cneauie • Citizen's Guide to the Environmental Impact Statement Process VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Schedule ~ Environmental Irrtpact Statement Process Proposed Best Buy Campus Scoping Environmental Assessment Worksheet • .Comment period: May 16 -June 14, 2000 • Public meeting:. 7:OO p.m., June 7, 2000, Richfield City Hall • City Council action: 7:00 p.m., .July 10, 2000, Richfield City Hall Draft Environmental Impact Statement • Comment. period: August 22 -September 28, 2000 - City Council study session: 6:00. p.m., Tuesday, September 5, 2000 - Public meeting: 7:00 p.m., Wednesday, September 13, 2000 (hosted by City Council) Final Environmental Impact Statement • Comment period: October 31 -November 13, 2000 • City Council action: December 11, 2000 (determination of adequacy) ~' Citizen's Guide to the Environmental Impact Statement (EIS) Process _ for the Proposed Best Buy Campus The environmental review process for the proposed Best Buy Campus studies the impact of the development on items such as stormwater, infrastructure (i.e. roads and utilities), public services, wildlife, surface and ground water, air quality, soils, and adjacent land uses. • What is the process? 1. Scoping Environmental Assessment Worksheet (Scoping EAW):. The Scoping EAW determines which issues and alternatives will be addressed in the EIS and how the issues will be studied. [March-July] 2. Draft Environmental Impact Statement (Draft EIS): The Draft EIS studies the issues, determines the impacts, and develops ways to mitigate the negative impacts. [July-September] 3. Final Environmental Impact Statement (EIS): The Draft EIS is revised based on the comments that are submitted. [September-December] 4. Determination of Adequacy: At the end of the process, the City Council determines whether or not the Final EIS has adequately addressed all the issues. [December 11, 2000] • .Who is involved. in the. process? The City is responsible for preparation of the EIS as the Responsible Governmental Unit (RGU). To prepare the document, the City works with the developer, consultants hired by the developer (BRW and Faegre & Benson LLP), and consultants hired by the City (WSB for water-related issues and SEH for traffic-related. issues). The process is monitored by the Environmental Quality Board (EQB), which is a part of Minnesota Planning, a state agency. A variety of state agencies will review all documents and provide comments. • How can I provide input? A comment period is provided for each phase. Written comments on each document can be submitted to: Julie Urban Planning & Zoning Administrator City of Richfield 6700 Portland Avenue South Richfield,. MN 55423 Comments are due by 4:30 p.m. on the last day of each comment period. Public meetings are held for the Scoping EAW and the Draft EIS. Verbal comments and questions can be submitted at the public meeting, although people are encouraged to also submit comments in writing to make sure issues are correctly reflected in the record. • What happens to the comments that are submitted? After each phase, the City, developer and consultants will review the comments submitted and determine what needs to be changed or what additional work needs to be done. The City 08/07/00 ~' Citizen's Guide to the - Environmental Impact Statement (EIS) Process. for the Proposed Best Buy Campus prepares a written response to all the comments. The City Council adopts a Record of Decision for the Scoping EAW and the Final EIS, which will include the comments and responses. Everyone who submits comments will be mailed a copy of the response. • How can I review the documents? Copies of the Scoping EAW, Draft EIS and Final EIS will be available for review at Richfield City Hall, Augsburg Park Library, and the Southdale Branch .Library. • How does the EIS process fit with. other approvals needed for the Best Buy project? The EIS is just one process that has to be successfully completed in order for the proposed Best Buy Campus to move forward: The project also has to receive City planning and zoning approvals. The City must complete the EIS process before it can grant approval to local permits. At this time, the City anticipates that the EIS process and the local zoning permit process will be completed in December, 2000. • Questions? Questions about the process or project can be directed to Julie Urban or John Stark, Community Development Manager, at 612/861-9760. Other resources include the following: • Minnesota Rules Parts 4410-4410.7900, which determine the EIS process • A Guide to Minnesota Environmental Review Rules is available on the Minnesota Planning web page (http://www.mnplan.state.mn.us/press/ruleguid htm) or by contacting the EQB at 651 /296-8253. • The EQB Monitor(http://www.mnplan.state.mn.us/eab/monitor.html) is the official publication for information about environmental studies. • Check the Sun-Current for information on document availability and meeting dates. • Schedule: • .Scoping Environmental Assessment Worksheet Comment period: May 16 -June 14, 2000 Public-Meeting: 7:00 p.m., June 7, 2000, Richfield City Hall .City. Council. action: 7:00 p.m., July 10, 2000, Richfield City Hall • Draft Environmental Impact Statement Comment period: August 22 -September 28, 2000 Public Meeting: 7:00 p.m., September 13, Richfield City Hall • Final Environmental Impact Statement Comment period: October 31 -November 13, 2000 City Council action: 7:00 p.m., December 11, 2000, Richfield City Hall Note: The dates and times are preliminary and may change depending on the outcome of each step. Contact City Hall for the most current schedule. 2 08/07/00 AGENDA ITEM # III REPORT # 19 STAFF REPORT CITY COUNCIL STUDY SESSION AUGUST 14, 2000 • REPORT PREPARED BY: BETSY CxRISTENSEN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE REPORT PRESENTER: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~ ~, SIGNATURE REVIEWED BY CITY MANAGER: ~ ~ ~ ~ ^ ITEM FOR COUNCIL CONSIDERATION: Discussion and consideration of a long-range action plan developed by the City's Livable Communities Team that would give the City the ability to more effectively deal with chronic problems in the area of multi-housing. I. RECOMMENDED ACTION: By Motion: None, discussion only. Staff is seeking direction from Council to proceed in the development of a formal comprehensive multi-housing plan to protect the health, safety and welfare of our residents who live in multi-family housing. II. BACKGROUND The HRA has contracted with Julianne Schwietz, Community Apartment Program (C:A.P.) Director, who began the Livable Communities Team in September of 1998. This team consists of staff from Public Safety and Community Development who meet regularly to partner and problem solve using a team approach on multi- housing problem properties. The goal of the team has been to provide safe, clean and well-maintained multi-residential housing. It is also important to acknowledge that renters are residents of our community, just like any other resident, and that they are highly valued. The team -has seen success in helping rental property owners and managers gain compliance with City codes, but team members have 0814LivableCommunities also discovered significant barriers to gaining compliance when property owners are less willing to cooperate. Some of the barriers to successfully gaining compliance are as follows: • .There is not a specific framework of the steps (A-Z) that the City will use to gain compliance. A comprehensive multi-housing plan would specifically detail the entire process from beginning to end, as well as identifying consequences for continued non-compliance. • .Staff has been able to resolve problems on a temporary basis by using a Band-Aid approach. While this may solve the "problem of the day," it does not resolve it indefinitely. On numerous occasions, staff is faced with recurring problems that eventually get resolved but not without expending significant staff time and resources and frustrating concerned tenants. With the proper tools and standards, staff will be more effective and efficient in responding to the violations that exist. Without staff assigned specifically to work on a comprehensive multi-housing plan, the problems will only continue to reoccur. • Current codes or ordinances don't have the necessary strength to gain compliance from property owners who are unwilling to comply. In an effort to learn from other municipalities, the Livable Communities Team hosted a brainstorming session on April 26, 2000 at which seven other municipalities in the metro area came together to exchange ideas and resources on resolving chronic multi-housing problem properties. As a result of that session, the team has developed strategies in a long-range plan of action that should improve the process used in dealing with chronic problems in multi-housing. After reviewing the outcome of the brainstorming session and having on-going discussions with members of the Livable Communities Team, it has been determined that the following components of a comprehensive multi-housing plan would be extremely helpful: • A concentrated, comprehensive approach within a single uniform process for all enforcement to follow. A concerted effort would be made to meet with and involve apartment owners and R.A.M.A. members in developing this process. • An inspection system within that process that ranks buildings based on their willingness or ability to comply with requirements. An "A" building would be the best a building could be ranked and a "C" building would meet the least amount of requirements. Some of the incentives for building owners to maintain an "A" building might be: • Lower rental inspection fees. • Fewer overall units inspected. • Inspections conducted less frequently. • Marketing opportunities to "toot your own horn" as being an "A" building. • Better tenant base which would result in fewer problems and ultimately result in less costs to property owners. • Athree-strikes component that sets forth the progressive discipline a property owner can expect if it becomes necessary for staff to notify them of three or more disorderly conduct notifications within a certain period of time. Disorderly conduct notifications would consist of on-going problems that relate to gambling, prostitution, sale/possession of drugs, alcohol disturbances, disorderly conduct, noise, weapons or other criminal activity. These are the types of problems that, if left unresolved, can cause good tenants to leave the City. • A plan would be developed to meet with district court judges to discuss other alternatives in dealing with housing problems once they reach the court stage. • Development of on-going opportunities concerning programs in the areas of: crime watch; crime#ree multi-housing, and tenant workshops. • Development of an abatement plan system that would unite the County Attorney's office and City staff in meeting and working with property owners with the ultimate goal of gaining compliance. • In order to develop a comprehensive multi-housing plan, the following is necessary: • Recognition of the need for a plan that has the full support of the City. Council to work toward resolving the issues-that exist in the area of gaining compliance from multi-housing properties. ,This may result in a recommendation by the Livable Communities Team for additional or re-designated staff or resources. • .Support and approval to begin the detailed development of a comprehensive multi-housing plan. This plan would be developed using the current members of the Livable Communities Team and would include multiple layers of participation (legal, R.A.M.A., building owners, City staff, City Council, etc.). III. BASIS OF RECOMMENDATION A. POLICY • A comprehensive, systematic approach to dealing with multi-housing problem properties would assist staff in being able to more effectively resolve on-going multi-housing problems. • This plan would offer incentives to multi-housing property owners who strive to maintain an "A" building. This rating could be used as a marketing tool by owners to attract and maintain excellent tenants. • It would clearly delineate the progressive discipline that a property owner can expect if there are on-going problems relating to criminal or disorderly conduct issues. • The plan presents opportunities to pursue joint ventures with other cities and the district court system to be more effective in dealing with problem housing issues within the court system. • The plan encourages an opportunity for input, feedback and active ' participation from owners of the multi-housing community and R.A.M.A. It would also promote development of on-going program opportunities within areas of crime free multi-housing and a variety of tenant and owner/manager workshops. • It would assist in achieving the goal of maintaining a high quality of life for all residents in the community and to provide safe, clean and well- - maintained multi-residential housing. It is also an acknowledgement that renters are residents of our community just like any other resident, and that they are highly valued. They, like other residents, also have a responsibility to the community to be good citizens and to be a strong thread in the fabric of Richfield and its vitality. B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV.. ALTERNATIVE RECOMMENDATION~S~ • N/A V. ATTACHMENTS • N/A VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A