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10-25-99 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 25,.1999 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS RICHFIELD CITY HALL AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF (1) SPECIAL CITY COUNCIL MEETING OF OCTOBER 7, 1999; AND (2) REGULAR CITY COUNCIL MEETING OF OCTOBER 11, 1999 PRESENTATIONS • 1. OATH OF OFFICE TO CITY MANAGER SAMANTHA ORDUNO INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 3. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 4. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE- INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTIONS ESTABLISHING DATE OF PUBLIC HEARING ON GENERAL CRITERIA FOR BUSINESS SUBSIDIES AND BUSINESS SUBSIDY AGREEMENT TO FUND STORM SEWER IMPROVEMENTS AT WOODLAKE CENTRE, LAKES AT LYNDALE C.L. 242 B. CONSIDERATION OF APPROVAL OF RENEWAL OF VETERINARY LICENSE FOR VETERINARY IMAGING CONSULTANTS, 6521 CEDAR AVENUE C.L. 243 C. CONSIDERATION OF APPROVAL OF RENEWAL OF VETERINARY LICENSE FOR A CARING DOCTOR (MINNESOTA) P.A., IN NAME OF VETSMART PET :..:.HOSPITAL AND HEALTHCENTER, 1.:.1.00 WEST 78TH=STREET' C~~. 244 D. `CONSIDERATION OF APPROVAL OF FEE WAIVER FOR TWO, SEVEN-DAY TEMPORARY SIGN PERMITS FOR COMMUNITY CENTER HOLIDAY BOUTIQUE ON OCTOBER 23, 1999 C.L. 245 PUBLIC HEARING 5. CONSIDERATION OF CONTINUATION OF PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE TO VACATE RIGHT-OF-WAY ADJACENT TO 6225 BLAISDELL AVENUE TO NOVEMBER 22, 1999 COUNCIL LETTER NO. 246 RESOLUTIONS 6. CONSIDERATION OF RESOLUTION SUSPENDING LIQUOR LICENSE AND IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATIONS AGAINST DON PABLOS; 980 WEST 78TH STREET, FOR SELLING ALCOHOL TO MINOR COUNCIL LETTER NO. 247 7. CONSIDERATION OF RESOLUTION ADOPTING FINDINGS OF FACT REGARDING APPROVAL OF STREETSIDE AND INTERIOR SIDE SETBACK VARIANCES FOR 7532 GIRARD AVENUE COUNCIL LETTER NO. 248 ADMINISTRATIVE REPORT AND OTHER BUSINESS 8. CONSIDERATION OF REQUEST FOR CONCURRENCE FOR BUS OPERATIONS ON EAST 77TH STREET BETWEEN 12TH AVENUE AND LYNDALE AVENUE COUNCIL LETTER NO. 249 • AIRPORT BUSINESS 9. AIRPORT STATUS REPORT CORRESPONDENCE 10. LEGISLATIVE REPORT COUNCIL CHOICE 11. COUNCIL- DISCUSSION ITEMS 12. CLAIMS AND PAYROLLS 13. 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. • • CITY OF RICHFIELD, MINNESOTA Council Letter No. 249 Agenda October 25, 1999 Issue Statement: Consider request for concurrence for bus operations on East 77th Street between 12th Avenue and Lyndale Avenue. Background: Metro Transit and Southwest Metro Transit are working together to design and operate a new crosstown bus route designed to connect I-494 area residents with employers. New Route 590 will be a local crosstown route following frontage roads of I-494 between the Mall of America and Southwest Station in Eden Prairie. The new route will serve several communities, including several apartment complexes in Richfield, and numerous large employment sites along the way (see=attached map). ~ Initially, 35 trips will be provided each weekday, 27 trips each Saturday, Sunday and Holiday: Hours of operation will be about 6 a.m. to 11:30 p.m. New Route 590 is planned to start service on Saturday, December 11, 1999. New routes also require bus stop pads to comply with-the Americans with Disabilities Act. Metro Transit will be installing pads in Richfield beginning next year and will build bus stop pads on 77th Street along the proposed Bus Route 590. Metro Transit will be responsible for marketing the new service. The City will advertise the new route in the Your City and Your Business newsletters and .notify social services agencies.. Recommended Motion: Concur with the proposed new crosstown Bus Route 590 plans to operate on East 77th .Street between.12th Avenue and Lyndale Avenue and direct City staff to coordinate location and posting of new bus stops and bus stop pads with Metro Transit. Basis of Recommendation: 1. Proposed Route 590 is a first step in developing improved transit service in the 494 corridor. 2. Seventy-seventh Street was designed and constructed to accommodate bus traffic. 3. Proposed Route 590 will provide expanded service to the Richfield community. Alternative Recommendation: 1. Reject the proposed new Route 590. 2. Request modifications to the proposed new Route 590. Discussion/Decision Mode: Council is asked to take action at the October 25, 1999 Council meeting so that, should there be a request for modifications, there is sufficient time to coordinate the initiation of the route or, should there be rejection of the proposed new route, Metro Transit and Southwest Metro Transit will have an opportunity to make alternate arrangements. Resp~tfully submitted, 4 Sama tha Orduno Ci anager SO:cak Attachment 24th Ave. S. ~ ~ ~ e ~ off= ~ © ~~ ~~~ ~` Q o a`-~ R i (n ~ ~ p Q' O Q. i ~~ a~ ~ ~ o~~ O ~ ~ ~ .~ w Park and Ride ^ Time Point Point of Interest * Layover Point Pull-Out ~•~• Pull-In Route Timed Transfer Fares: Off-Peak/Peak $1.00/$1.50 Computer Ave. Frontage Rd. Hwy 100 - Met_ p T t r E. Bush Lake Rd ~ ~ ~ ~ ~ f=Ilt F m r yO ~~~. a~ o .~ o U Y ~N ~ d s2 = Q , s 3 0 H C c H N .a T 0 w+ 0 N ~' Knox Ave. S. ~~~ ~ ~--P n A S `~~ ~~ ~ e n ve. . Suites Emb ~%o Ho~ e Xerxes Ave. S. o -° c France Ave. S. ~ ~° ~ w .. Johnson o ~ Seagate Corp. a~i Computer c Front a Rd. ~' ~ Norman Lake Y ~ Office Towers Rt. 41 D Radisson South Hotel Q Hotel Sofitel Bush o Lake ~ 2 Friendship Village ~Townline Ave Prairie Center Dr I-494 _ Del Rd. N ~ ti~ ~, Eden Prairie 2r2 = Baker Rd. Prairie Center Dr • i ~n ~~ Bury Dr. % >, i i = ~ :.~ e Indian Chief ~ ~ ~ ~ ~ v :~ Prairie Center Dr. ~ ••••••ia~iiiiiii•••i 8~1 Operated by: Metro Transit, Laidlaw, Inc. Crosstown ROUTE EFFECTIVE: 12/11/99 North © (Local thru Bloomington) 24th Ave. S. r.. South • Garage N •~ T 12th Ave. S. Apartments Rt. 5E Portland Ave. S. Apartments Q Lyndale Ave. S. Rt. 47 ,~ I-35W Richfield rn ~ 'r ~ Mall of America Mpls Rts.: 5, 7, 15, 19, ~ 52A, 72M, 80, 88, 89, 424, 440, 441, (q 442, 444, 445, 446, 590 ~ St.-Paul ltts.: 4, 54, 4:15 ~ ... ..,. Bloomington Bloomington Freeway Rd. Southtown Rts. 4, 46, 47 o~ L c~ Edinborough Way ~ Rts. 28, 35K Rts. 28, 89 ~ 'i Edina ~ ~-~ Hwy 100 w ~m Metro Dr. Edina Industrial Area E. Bush Lake Rd. ~i -~ ~ Hwy 169 r` W. Bush Lake Rd. Perimeter Dr Eden Prairie Center I Aeri ~'~e ~ der °~ Qr ~ o v7 o ~ Routes: 590, 681, 682, 685, 688, 689, 690, 691, 692, 693, ~ 694, 695, 696 Dial-a-Ride d O _ ~ Xerxes Ave. S. ~ o ~ ~ ~, ~ e o _ * ~ c ~ ~ ~ ~ p F 3 h ( Prairie Center Dr. J D 10/08/99 CITY OF RICHFIELD, MINNESOTA Council Letter No.24s Agenda October 25, 1999 Issue Statement: Adopt findings of fact regarding approval of streetside and interior side setback variances for 7532 Girard Avenue. Background: On September 18, the Hearing Examiner denied a streetside setback variance for 7532 Girard Avenue. The applicant appealed the decision to the Board of Adjustment and Appeals. On September 27, 1999, the City Council, acting as the Board of Adjustment and Appeals, reversed the Hearing Examiner's decision and granted the variance. The Council directed staff to prepare findings. of fact for the granting of the variance. Recommended Motion: Adopt findings of fact granting an appeal to the Board of Adjustmenf and Appeals to approve a streetside setback variance for 7532 Girard Avenue. Basis of Recommendation: 1. The City Council .directed staff to prepare findings of fact. 2. The Zoning Ordinance requires that the Board of Adjustment and Appeals adopf written findings. Alternative Recommendation: Adopt revised findings of fact. Discussion/Decision Mode: This item is scheduled on the City Council agenda for October 25, 1999 Respectf submitted, ~ (~_~na-- a Orduno City Manager SO:cak ~i RESOLUTION NO. RESOLUTION GRANTING AN APPEAL TO THE. BOARD OF ADJUSTMENT AND APPEALS OF A DECISION MADE BY THE HEARING EXAMINER Be it resolved by the Board of Adjustment and Appeals of the City of Richfield, Minnesota as follows: The Board of Adjustment and Appeals hereby makes the following findings of fact: FINDINGS OF FACT 1. The City of Richfield (the "City") regulates, by ordinance, building, setbacks. 2. The primary source of such regulations is contained in Appendix B of the Richfield City Code, which establishes zoning regulations such as setbacks for residential property. 3. On or about July 29, 1999, the City received a complete application from Karla Dagnault (the "Applicant"), 7532 Girard Avenue, requesting variances to residential accessory building setback regulations in order to construct a detached garage. 4. The Applicant requested setback variances to allow construction of a 20 by 24 foot detached garage, two feet from the interior side property line where three feet is required and six feet from the streetside property line where 15 feet is required: 5. The garage doors of the proposed garage face Humboldt Avenue. which forms a curve along the south side of the property. 6. The lot is approximately 5,800 square feet in size and irregular in shape. The lot. was reduced from its original size following construction of the 35W freeway. 7. On August 24, 1999, the Hearing Examiner conducted a public hearing on the variance request. 8. At the hearing, the Applicant stated that the proposed layout was necessary to fully utilize the rear yard of the property. 9. At the hearing, the Applicant demonstrated that the curved property line made the setback conforming at the east end but nonconforming at the west end of the garage. 10. At the. hearing, the Hearing Examiner requested additional information on alternative layouts for the garage. 11.On or about September 18, 1999, the Hearing Examiner published a written decision approving the interior side setback variance request but denying the streetside setback variance request on the basis that the reduced distance to the street was a safety hazard. 12.On or about September 18, 1999, the City received a request (the "Appeal") to the Board of Adjustment and Appeals (the "Board") to consider an appeal of the decision. of the Hearing Examiner. 13. The Appeal came before the Board for review and action on September 27, ,1999. Following a public hearing, the Board voted to grant the appeal and thereby approve S the variance request. ~-a- 11. The Board hereby makes the following conclusions: CONCLUSIONS 1. There is an undue hardship that denies the applicant reasonable use of the property. The proposed modest sized, two-car garage is a reasonable use of the property. 2. There are unique circumstances related to the property. A portion of the property was taken for roadway purposes leaving acurved- property line and reducing the buildable area in the back yard. - - 3. There would be no adverseimpacts on the neighborhood: Due to the low traffic on Humboldt Avenue, the clear site lines, and the street parking restrictions, the six-foot streetside property line would not create an adverse impact. 4. The variance requested is the minimum variance necessary to alleviate the undue hardship. The applicant is proposing a modest sized two-car garage (20 by 24 feet).. The proposed setback maximizes the usage of the back yard. III. Based upon the foregoing, the Board hereby makes the following decision: DECISION The appeal of the .decision by the Hearing Examiner to deny a streetside. setback variance for 7532 Girard Avenue is hereby in all respects APPROVED. Adopted by the Cit Council of the Cit of Richfield, Minnesota this 25th da of Y Y Y October, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • . CITY OF RICHFIELD, MINNESOTA Council Letter No.247 Agenda October 25, 1999 Issue Statement: Consideration of resolution to suspend the liquor license and impose a civil penalty for liquor license violations against Don Pablos, 980 West 78th Street, for selling alcohol to a minor. Background: In July 1999, Richfield: Public Safety staff conducted a second round of alcohol checks at all establishments licensed to sell intoxicating liquor, wine and on/off sale 3.2 malt liquor. A total of 13 establishments were found to have served/sold alcohol to underage youth. On October 11, 1999 each of the 13 establishments appeared before the City Council to: 1. Admit the violation and stipulate to the suspension and civil penalty being recommended by Public Safety staff; or 2. Request a contested case hearing. Twelve of the establishments admitted the violation of serving/selling alcohol to a minor, . while one establishment did not admit the violation and requested acontested-case hearing. Since-the October 11, 1999 City Council meeting, the establishment has reconsidered their request for a contested case hearing and has asked staff to arrange for them to reappear before the City Council and admit the violation. The establishment is Don Pablos, 980 West 78th Street. Recommended Motion: Council is requested to take the following actions: • Rescind Resolution No. 8783 for Don Pablos, 980 West 78th Street, authorizing an independent examiner, contested case hearing; • Approve a resolution suspending Don Pablos' on-sale intoxicating and Sunday liquor license for two consecutive days; • Impose a civil penalty of $500 for one count of selling alcohol to a minor; • Direct the licensee to meet with the Director of Public Safety to present their plans to ensure future compliance; and • Require Don Pablos to send a representative to an alcohol sales and awareness training session provided by Public Safety staff. • ~-I . Basis of Recommendation: 1. It is a violation of a Minnesota State Statute and City ordinance to sell alcohol to underage youth. 2. 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 amessage-that youth and their well being are a high priority in this City. 3. -The penalties recommended here represent-a sufficient penalty to emphasize that the City will not tolerate such offenses and that these instances are a first offense. Alternative Recommendation: 1. .The Council may consider taking more or less severe action against Don Pablos for selling alcohol to an underage youth. Discussion/Decision Mode: Approval of a resolution to suspend the on-sale intoxicating and Sunday liquor license for two days and impose a civil penalty for liquor license violation against Don Pablos, 780 West 78th Street, for selling alcohol to a minor is presented for Council consideration at this time. • Res ectfully submitted, .~c~liGl,~,,s~.. ha Orduno City Manager SO:cak • (o-~ CITY OF RICHFIELD RESOLUTION NO. RESOLUTION SUSPENDING THE ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR DON PABLOS OPERATING CORP. DBA DON PABLOS, 980 WEST 78TH STREET; AND IMPOSING A CIVIL PENALTY WHEREAS, Don Pablos Operating Corp. DBA Don Pablos, 980 West 78th Street, ("Licensee") holds an on-sale intoxicating and Sunday liquor license from_ the City of Richfield; and WHEREAS, on July 16, 1999, the City of Richfield Public Safety Department conducted a compliance check of the Licensee's establishment; and WHEREAS, during the compliance check, an employee of the Licensee sold alcohol to a minor in violation of state law and. City ordinances; and WHEREAS, the Licensee appeared before the Richfield City Council on October 25, 1999 and admitted the violation; and WHEREAS, the Licensee. has stipulated to the suspension and penalty'imposed by this resolution. NOW THEREFORE BE IT RESOLVED b the Cit Council of the Cit of > Y Y Y Richfield as follows: 1. The Licensee's on-sale intoxicating and Sunday liquorlicense is hereby suspended for a period of two consecutive days, commencing on a date to be determined by the Public Safety Director, but commencing no later than November 25, 1999. 2. A civil penalty of $500 is hereby imposed. On or before November 25, 1999, 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 November 25, 1999; and attend an alcohol compliance and sales awareness presentation conducted by Public Safety staff by November 25, 1999. Passed by the City Council of the City of Richfield this 25th of October, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber,. City Clerk CITY OF RICHFIELD MINNESOTA Council Letter No. 246 Agenda October 25,.1999 Issue Statement: Continue public hearing and second reading of a transitory ordinance to vacate right-of- way adjacent to 6225 Blaisdell Avenue. Background: The City Council conducted first reading of a right-of-way vacation petition on September 27, 1999 and set the public. hearing and second reading for- October 25, 1999. The public hearing and. second reading should be continued to November 22, 1999 to allow for proper notification of the hearing and to enable the applicant to be present at the hearing. The owner of 6225 Blaisdell Avenue is petitioning to vacate right-of--way located to the north of this property. The City typically retains a 12-foot boulevard area behind the curb of the street. On the north side of this property, there is a boulevard area that ranges from 20 to 30 feet: The property owner is seeking to vacate a portion of this area. The City would retain a 12-foot area behind the street curb. Recommended Motion: Continue the public hearing and second reading of a transitory ordinance to vacate right-of--way adjacent to 8225 Blaisdell Avenue to Monday, November 22, 1999. Basis of Recommendation: 1. The revised schedule will allow for appropriate notification of the hearing. 2. The applicant has agreed to the revised schedule. Alternative Recommendation: Continue the public hearing to a later date. Discussion/Decision Mode: The public hearing on this item would be continued to Monday, November 22, 1999. Respec ully submitted, antha Orduno City Manager SO:cak ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 245 Agenda October 25, 1999 Issue Statement: Consideration of waiving of fee the for two; seven-day temporary sign permits for the Community Center Holiday Boutique sign. Background: The Community Center is setting up a temporary sign for its.. Holiday.Boutique to be held on October 23. The sign is positioned. on the northeast corner of the Community Center property on the corner of 70th Street and Nicollet Avenue. In order to comply with City Code, the Center was issued two, seven-day temporary sign permits at a cost of $25 each. Recreation Services staff has requested that the $50 fee be waived. Recommended Motion: Approve the waiving of the $50 fee for the two seven-day sign permits. Basis of Recommendation: 1. The Holiday Boutique. is an event that raises revenue for the Community Center and -its programs. 2. Recreation Services and Public'Safety staff have spoken about the permit and Public Safety supports the waiving of the fee. Alternative Recommendation: 1. Do not allow the waiving of the sign permit fee.. 2. Table the item until a later date. Discussion/Decision Mode: Council approval of the request to waive the $50 total fee for two, seven-day temporary sign permits for the Community Center Holiday Boutique is presented for consideration at this time. Respectfully submitted, '~ a Orduno City Manager SO:cak • yC CITY OF RICHFIELD, MINNESOTA Council Letter No.244 Agenda October 25, 1999 Issue Statement: Consideration of an application for renewal of a veterinary license to operate a veterinary clinic for A Caring Doctor (Minnesota) P.A., in the name of VetSmart Pet Hospital and Health Center, 1100 West 78th Street. Background: On July 28, 1999, A Caring Doctor (Minnesota) P.A. submitted an application for VetSmart .Pet Hospital and Health Center, 1100 West 78th Street;'-for a veterinary license for providing full service veterinaryservices. There will, however, be no overnight boarding of animals. The application is complete and the $150 fee has been received. It is intended that these services will occur in a leased space from Petsmart, Inc. at the same location. A Community Service Officer conducted an inspection of the property orr September 15, 1999. There were no apparent problems found at that time. The Public Safety Department/Environmental Health staff has received no complaints in the past year for VetSmart Pet Hospital and Health. Center. Recommended Motion: Staff recommends that a commercial veterinary license be granted for veterinary service purposes only to A Caring Doctor (Minnesota) P.A., m the name of VetSmart Pet Hospital and Health Center, 1100 West 78th Street, with the understanding there will be no overnight boarding of animals. Basis of Recommendation: 1. The applicant has complied with all City ordinances pertaining to a veterinary license and the fee has been paid. 2. The City has previously issued a veterinary license to A Caring Doctor (Minnesota) P.A. in the name of VetSmart Pet Hospital and Health Center. 3. No complaints or problems with the business occurred during last year. Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision .Mode: Recommendation to approve the application for renewal of a veterinary license for A Caring Doctor (Minnesota) P.A., in the name of VetSmart Hospital and Health Center, 1100 West 78th Street, is presented for Council consideration at this time. Res a tfully submitted, Samantha Orduno City Manager SO:cak y8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 243 Agenda October 25, 1999 Issue Statement: Consideration of an application for renewal of a veterinary license for Veterinary Imaging Consultants, 6521 Cedar Avenue. Background: On August 5, 1999, Veterinary Imaging Consultants, 6521 Cedar Avenue, submitted an application fora veterinary license to provide radiation treatments on cats. The application is complete and the $150 fee has been received. The veterinary service is located within the same building as Animal Care Clinic. A Community Service Officer conducted an inspection of the property on September 15, 1999. There were no apparent problems found at that time. The Public Safety Department and Environmental Health staffs have received no complaints in the past year for Veterinary Imaging Consultants. Recommended Motion: Staff recommends that the application for a veterinary license for veterinary services to include radiation treatment for cats be granted to Veterinary Imaging Consultants, 6521 Cedar Avenue. Basis of Recommendation: 1. The applicant has complied with the City codes pertaining to a veterinary license 2. There have. been no complaints or problems with the business during the past year. Alternative Recommendation: 1. The Council could decide to deny the request for a veterinary license; however, the Public Safety Department has not found any basis for a denial. Discussion/Decision Mode: Recommendation to approve the renewal application for a veterinary license for veterinary services to include radiation treatment for cats for Veterinary Imaging Consultants, 6521 Cedar Avenue, is presented for Council consideration at this time. Respectfully submitted, ~'~..~~+ am a Orduno City Manager SO:cak yA CITY OF RICHFIELD,: MINNESOTA Council Letter No.242 Agenda October 25, 1999 Issue Statement: Consideration of a request to establish a date for a public hearing on general criteria for business subsidies and a business subsidy agreement to fund storm sewer improvements at Woodlake Centre, Lakes at Lyndale. Background: A new Minnesota law that regulates business subsidies by local units of government became effective August 1, 1999. Staff and legal counsel are drafting criteria that will be used as the basis for agreements between the City and/or the Housing and Redevelopment Authority (HRA) and developers. The law requires the City. and HRA. to hold public hearings prior to utilizing the criteria. In certain circumstances when City or HRA resources exceed $100,000, agreements with developers are required. In September the HRA received a request from Richfield State Agency (RSA), the developer of Woodlake Centre, to cooperatively explore ways to finance unanticipated but needed storm sewer improvements. Storm sewer capacity is sufficient for the development at 66th Street and Lyndale Avenue in the present McDonald's parking lot. However, it was recently discovered that. there is insufficient capacity within existing Grand Avenue storm sewers to deliver the runoff to 66th Street and Lyndale Avenue.. With the parking ramp already in place, a direct line between the future central plaza area .and the present McDonald's storm sewer is not feasible. The developer's engineering firm, BRW, and the City's consultant, WSB, have devised an alternative -- increase the Grand Avenue sewer capacity and add a line running east to west along 66th Street that connects to the present McDonald's storm sewer which drains into Richfield Lake. The proposed sewer would provide sufficient capacity for aten-year storm and will be studied in the field during installation to improve overflow alternatives that minimize the chance of flooding. The estimated total project cost for the additional storm sewer improvements is $142,900. The City has calculated its prorated share of cost of $35,000 based on the City Engineer's determination of the City's responsibility within the proposed storm sewer system. The City would use the storm sewer utility account to fund its share. It is proposed that $97,900 come from the HRA's Bonds of 1988. The remaining $10,000 would be funded by the developer. The $35,000 in assistance cannot be provided to the developer for the stormwater improvements without the general business subsidy criteria being considered. A business subsidy agreement with the developer is also required. • ~~-i Recommended Motion: Adopt a resolution, which calls for a City Council public hearing on November 22, 1999 on business subsidy criteria and a business subsidy agreement for funding storm sewer improvements at Woodlake Centre. Basis of Recommendation: 1. Anew business subsidy law now regulates the procedures for approving the type of assistance being considered for Woodlake Centre. 2. -At their October 18, 1999 meeting the HRA set a public hearing date on fhis matter for November 15, 1999. 3. Developer construction costs have exceeded estimates and there are insufficient resources from within the project for unanticipated costs of this scale. 4. Funding sources have been identified. Alternative Recommendation: 1. Defer discussion to a future time. 2. Refuse to consider the matter. 3. Make no contribution from the City. However, the City shares the stormwater capacity required to manage stormwater within the new development and'adjacent areas; thus, a shared funding arrangement is appropriate.. Discussion/Decision Mode: The improvements can be implemented once the funding source and supporting agreements are finalized and all statutory requirements have been met. Respectf Ily submitted, ..~.,~~„zbZ,-- Samantha Orduno City Manager SO:cak 4A-~ RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF CRITERIA FOR PROVIDING BUSINESS SUBSIDIES WHEREAS, the City of Richfield, Minnesota, (the "City") as part of its operations, may provide economic assistance to individuals who are engaged in the development and redevelopment of land within the City; and WHEREAS, pursuant to legislation enacted this year by the State of Minnesota, ("Business Subsidy Act"), the City Council is required to adopt criteria for awarding business subsidies prior to grant+ng such assistance; and WHEREAS, the Business Subsidy Act further provides that the adoption of criteria must be preceded by a public hearing on the matter. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. A public hearing on the adoption of business subsidy criteria will be held before the City Council on November 22, 1999 at 7:00 p.m. in the City Council Chambers at the Richfield City Hall located at 6700 Portland Ave South, Richfield, Minnesota. 2. Copies of the proposed business subsidy criteria will be available for public inspection on and after November 1, 1999 at the Richfield City Hall during normal business hours. [Copies will also be posted on the Richfield Web page www.ci.richfield.mn.us on and after that date.] 3. The City Clerk is directed to publish notice of the hearing once in.the official newspaper of the City not more than 30 days and not less that ten days prior to the hearing date. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of October, 1999. Martin J, Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • ~A-3 RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF BUSINESS SUBSIDY AGREEMENT WITH RICHFIELD STATE AGENCY, INC.. WHEREAS, the City of Richfield, Minnesota, (the "City") as part of its operations may provide economic assistance to individuals who are engaged in the development and redevelopment of land within the City; and WHEREAS, pursuant to legislation enacted this year by the State of Minnesota, ("Business Subsidy Act"), the City Council is required to enter into an agreement with any recipient of a business subsidy-conforming #o the-rec}uirernents Hof the Business Subsidy Act prior to granting such assistance; and WHEREAS, Richfield State Agency, inc. ("RSA") has requested business subsidy assistance and the City engineer has evaluated the request for certain utility work required in connection with RSA's Urban Village development; and WHEREAS, the amount of business subsidy assistance has been determined to be approximately $35,000 which will be paid from the storm sewer utility account in accordance with a business subsidy agreement with RSA; and WHEREAS, the Business Subsidy Act further provides that the approval of such an agreement must be preceded by a public hearing on the matter in situations where the subsidy exceeds $100,000 and legal counsel has advised that public hearings may be held for amounts in excess of $25,000. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. A public hearing on the approval of a business subsidy agreement with RSA will be held before the City Council on November 22, 1999 at 7:00 p.m: in the City Council Chambers at the Richfield City Hall located at 6700 Portland Ave South, Richfield, Minnesota. 2. Copies of the proposed business subsidy agreement will be available for public inspection on and after November 1, 1999 at the Richfield City Hall during normal business hours. [Copies will also be posted on the Richfield Web .page www.ci.richfield.mn.us on and after that date.] 3. The City Clerk is directed to publish notice of the hearing once in the official newspaper of the City not more than 30 days and not less that ten days prior to the hearing date. Adopted by the City Council for the City of Richfield, Minnesota this 25th day of October, 1999. ATTEST: Martin J. Kirsch, Mayor Thomas P. Ferber, City Clerk