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04-26-99 agendaCITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING MONDAY, APRIL 26, 1999 6:15 P.M. RICHFIELD CITY HALL 6700 PORTLAND AVENUE HEREDIA ROOM AGENDA • CALL TO ORDER ROLL CALL I. INTERVIEW OF PERSONS INTERESTED IN SERVING ON CITY'S COMMISSIONS ADJOURNMENT CITY OF RICHFIELD, MINNESOTA MONDAY, APRIL 26, 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 REGULAR CITY COUNCIL MEETING OF APRIL 12, 1999 PRESENTATIONS 1. PRESENTATION FROM KATHLEEN ANDERSEN FROM CONGRESSMAN MARTIN SABO'S OFFICE 2. PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL DRINKING WATER WEEK, MAY 2-8, 1999 3. PRESENTATION OF PROCLAMATION DESIGNATING NATIONAL PUBLIC WORKS WEEK, MAY 16-22, 1999 4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 1999 ARBOR MONTH AND MAY 16, 1999 AS ARBOR DAY IN RICHFIELD INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S. REGISTER FOR THE RECORD. 5. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA .. AGENDA APPROVAL 6. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 7. 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 B. C. D. E. F. CONSIDERATION OF APPROVAL OF OFF-STREET PARKING PERMIT FOR 6500 PENN AVENUE TO ALLOW BUILDING ADDITION C.L. 86 CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION RELATED TO CONSTRUCTION OF I-35W HIGH OCCUPANCY VEHICLE LANE AND PARTS OF 66TH STREET NEAR I-35W WITHIN CORPORATE CITY LIMITS C.L. 87 CONSIDERATION OF APPROVAL OF RESOLUTION HOLDING HARMLESS. STATE OF MINNESOTA REGARDING REQUEST FOR VARIANCE TO RULES OF MUNLCIPAL STATE AID DIVISION OF MINNESOTA DEPARTMENT OF TRANSPORTATION RELATED TO TRAFFIC SIGNALS AT 64TH STREET AND PORTLAND.AVENUE C.L. 88 CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING PRELIMINARY PLANS, IDENTIFIED AS LAYOUT NO. 2, FOR I-35W FROM 1- 494 TO WEST JUNCTION OF CROSSTOWN 62 C.L. 89 .CONSIDERATION OF APPROVAL OF INTERAGENCY AGREEMENT CONCERNING GOVERNANCE OF LOCAL COLLABORATIVE TIME STUDY FUNDS GENERATED BY CITY OF BLOOMINGTON THROUGH HEALTH DIVISION WHILE PERFORMING SERVICES FOR BLOOMINGTON, EDINA AND RICHFIELD C.L. 90 CONSIDERATION OF APPROVAL OF COMMUNITY CELEBRATION EVENT LICENSE WITH FEE WAIVER FOR CINCO DE MAYO CELEBRATION ON MAY 1 AND MAY 2, 1999 AT TAFT PARK C.L. 91 PUBLIC HEARING 8. INITIAL DISCIPLINARY APPEARANCE FOR RICHFIELD ESTABLISHMENTS THAT SOLD ALCOHOL TO UNDERAGE YOUTH AND CONSIDER APPROPRIATE RESOLUTION FOR EACH ESTABLISHMENT COUNCIL LETTER NO. 92 RESOLUTION 9. CONSIDERATION OF RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE INTOXICATING.LIQUOR;"WINE`AND~'3:2 MAtI"`LIQUOR LICENSEES AND RECOMMENDED DISCIPLINE ACTION, REPLACING RESOLUTION NO. 7380 COUNCIL LETTER NO. 93 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 10. CONSIDERATION OF GRANTING EXTENSION OF AGREEMENT WITH RYAN COMPANIES US, INC. UNTIL DECEMBER 30, 1999 RELATED TOPENN AVENUE AND SIXTY-SIXTH STREET AREA REDEVELOPMENT FEASIBILITY AND PLAN OPTIONS COUNCIL LETTER NO. 94 • AIRPORT BUSINESS 11. CONSIDERATION OF AIRPORT EXPENSES FOR LOW FREQUENCY NOISE POLICY COMMITTEE'S COMPREHENSIVE STUDY OF LOW FREQUENCY AIRCRAFT NOISE COUNCIL LETTER NO. 95 12. AIRPORT STATUS REPORT CORRESPONDENCE 13. LEGISLATIVE REPORT COUNCIL CHOICE 14. COUNCIL DISCUSSION ITEMS 15. CLAIMS AND PAYROLLS 16. 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. 95 Agenda April 26, 1999 Issue Statement: Consideration of approval for airport expenses for the Low Frequency Noise Policy Committee's comprehensive study of low frequency aircraft noise. Background: In December 1998 Richfield's City Council approved an agreement with the. Metropolitan Airports Commission (MAC) in relation to problems the City would be experiencing as a result of the new North-South Runway. As stipulated by the agreement, a Low Frequency Noise Policy Committee (LFNPC) was created to develop a set of recommendations for the mitigation of low frequency noise impacts. An Expert Panel, consisting of Dr. Sanford Fidell, BBN Technologies, (Richfield's consultant), Andrew Harris (MAC's consultant), and Lou .Sutherland (neutral panel member) was convened to provide technical input and information to the LFNPC for consideration. At the LFNPC meeting on April 14, the group. reviewed the Expert Panel's cost estimates and project descriptions. [Attachment A] It was agreed that the projects listed were pertinent to the analysis of1ow frequency noise and its mitigation. The high- end estimated costs that Richfield may incur are projected to be between $290,000 - $300,000. The projects, with only one exception, have been evenly distributed between the consultants. Because of the laboratory capabilities and expertise of Dr. Fidell, the most costly of the listed projects, the "Design and conduct ofa laboratory study of low- frequency noise reduction in older homes," was assigned to BBN Technologies for completion. Andrew Harris suggested that the project expense be split between the two agencies (Richfield and MAC). Nigel Finney, MAC staff, has indicated that MAC will be responsible for half of the expenses of this project. When the budget was prepared for 1999, airport expenses. of this project were not. anticipated, as the agreement establishing this committee was completed late in 1998. Thus, the funding for expenses of the LFNPC will need to be taken from unspent 1999 funds or accumulated fund balances. Recommended Motion: Approve the expenses of BBN and half of the expenses of Lou Sutherland related to low frequency noise. • II-I Basis of Recommendation: 1. Richfield and the MAC are responsible. for sharing the expenses accrued by the Low Frequency Noise Policy Committee. Alternative Recommendation: 1. Defer the approval of expenses to a later Council meeting. 2. Do not approve the expenses of BBN and Lou Sutherland. Discussion/Decision Mode: This item is placed on the April 26, 1999 agenda for. Council consideration. R s ectfully submitted, e n L. evich Acting City Manager SLD:cak • ll-~ Participation in meetings with the Noise Policy Committee is priced at one day of labor for prepazation, one day for attendance, and travel costs. Meetings aze scheduled as described in the "Revised Work Plan for the Expert Panel" of l March 1999. Task 1 Seven scheduled meetings with Noise Policy Committee. DESCRIPTION COST Labor 112 hours $23,500 Other Direct Costs Travel to Richfield,. MN $12,750 Total $36,250 • Participation in meetings with FAA is priced at one day of labor for preparation, one day for attendance, and travel costs for one Los Angeles-Minneapolis. round trip, and one Los Angeles- Washington, D.C. trip. Task 2 Two liaison meetings with FAA. DESCRIPTION COST Labor 40 hours $8,700 Other Direct Costs Travel to Richfield, MN and Washington, DC $4,550 Total $13,250 Preparation of the demonstration tape is priced at eleven days of labor to write a script, collect sound samples from field recordings, synthesize other sound samples, digitize the recordings, filter, process, and order the samples, and produce copies of the demonstration. Task 3 Preparation of demonstration tape. DESCRIPTION COST Labor 88 hours $14,375 Other Direct Costs Materials $125 Total $14,500 • 3 The design and conduct of a laboratory study of the relative annoyance of sideline, overflight, and low frequency noise as heard indoors in homes with varying amounts of noise reduction is estimated at six weeks of labor. This figure is considerably smaller than that required to prepare the laboratory and instrumentation for such an exercise, but it was possible to design the study as anadd- on to another pre-planned laboratory study. Task 4 Laboratory study of relative annoyance of sideline, overflight, and low-frequency noise with noise reduction. DESCRIPTION COST Labor 248 hours $34,500 Other Direct Costs Test subjects $.1,000 Total $35,500 • The costs for field measurements of noise reduction of homes in Minneapolis were estimated under the assumption that HMMH would provide the better part of the labor for this task. The estimate provides for approximately four person weeks of effort for measurements in at least five homes, and a considerable amount of data reduction to verify noise reduction measurements made by both BBN and HMMH. Travel costs are estimated to support two field technicians for three days of field measurements. Task 5 Field measurements in homes near MSP. DESCRIPTION COST Labor 168 hours $23,500 Other Direct Costs Travel to Richfield, MN $4,600 Total $28,100 L~ 2 ~,/- Costs for the design and conduct of a social survey of the noticeability and annoy ce of rattle in homes acoustically insulated by MAC include costs for constructing a sampling frame, designing a questionnaire, interviewing respondents, and analyzing the findings in conjunction with recent noise exposure information. It is assumed that a five to eight minute interview will be conducted by telephone with no more than 250 respondents. Task 6 Design and conduct social survey of noticeability of rattle. DESCRIPTION COST Labor 160 hours $23,600 Other Direct Costs Interviewing Service $12,500 Total $36,100 • Costs for designing and conducting a laboratory study of the low-frequency noise reduction of homes of construction similar to that in eastern Richfield include the labor required to analyze the most common types of construction, to build at least three such sample walls, install them in BBN's low-frequency test facility, conduct sound intensity measurements inone-third octave bands between 25 and 100 Hz, and to reduce.. and document the findings. Task 7 Design and conduct laboratory study of low-frequency noise reduction in older homes. DESCRIPTION COST Labor 304 hours $48,600 Other Direct Costs Construction Costs $18,900 Total $67,500 Costs for preparing draft and revised-final reports include the labor for writing maj or portions of the report, reconciling the text with comments of other members of the Expert Panel, and that necessary to produce the documents. Task 8 Preparation of draft and final reports. DESCRIPTION COST Labor 280 hours $44,300 Total $44,300 C~ 3 ~ ~ j N N N NN m x~ ~ Pf p pO NN O O In ~y ~ y ~ e'ri $S of 5 ~ ~ ~ S n S ' n~ ~'' V N ~~ {p N M RR ~ N N [ A t V~ M N t V N N 0 r '~ S ~tpm 'CND NA< hN t9 ~i S g ~~~~ ~ ~~~t~ 8 @ 8 X 3 Y ~ 8 6 N'~~ N n N W ~ q V n N ~ N. i. p_eO ~ N M N ~ m ~ N M NmC g ~ N~mQmm~~f7 ~ ~ ~ C ~ Np~ C ~ y C N N eC W~ ~~ q ~~ c rc rr r u~ RR~ `~ SS w`~ R~~ S ~w ~ r7i ~i~ ww~ w w i,~- ' ~ S N N< 0 0 N N N m 0 N ( U~ O y Q^ ~~~ $$ aQi~~ ~~ a~ ~ IA ~~ N O w ~ 2 O N O -~ $ O O N O O O y a ~ * ~ ~S ~ w q1 S ~~ ~ ~ N lpc7+ ~ CLL W s S J = = f7 ~ E ~ <w E ~a N << ~ ~<~ d ~ ~' ~ ~ Y L _ C=7 6 _~ ~ N q C EC pp W ~ Y O Y ~~ E p~ .y ~Z C p~Of ~ ~ ~ Q QQ 5 ~ E ~ ~ ~ ~ ~~~Q y w < W . ~ ~ ~$~~ yg ~~ s E ~ . _ N a ~ ,~ m ie3$3$i ~~~~~ ~~~~~~ S ~~~ ~~ F ~ b ~~ ~~ ~~ ~ ~ ~ E .LL.1 ' Ya ~-NNYYfmAmO~~E J ~ ~$ a ~ a ~~~ ~~ ~a4i~ ~~ ~ t~ w m 0 0 0 m m 0 0 O O O N 000 00 N omo 00 o N m. Q N N { O O C D W W 0 G N N W O < ~ ~ N W M ~~ N O N, m O O ' O O O ~ ~ ~~ o ^ ^ Q ~Q~ ~ ~ ~ y fD tt NMN O f N~ NNN t Vy ( V II~N N r N pp N(~ SOe7 Q p Yf~ oo O p OtD® pp ON a °tlja°Ji gLL y~ ~ ~ ~y ~O ,J SC m a, ~+ ~~~~CC~~ ~pC ~~ WLLUpO~ I ~D~ ~~ LL m ~ ;~~ ~' r ~ _E IL J r•NI+fY Nmm1~mW v b `p ~ E "' ~ ~ a N- S 1. The first incident during the license year.- up to a 10-day license suspen~ ~ and $2,000 civil fine. 2. The second incident during the .license year - up to a 30-day suspension and $2,000 civil fine. 3. The third incident during the license year - up to a 60-day suspension and $2,000 civil fine. 4. The fourth or subsequent incident during the license year -revocation of the license. A. Facilitating Gambling. Licensees must not permit or allow any condition to occur on the licensed premises, which would facilitate gambling activity. Licensees may not permit any.. device on the- licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City Code, Subsections 1100.13 and 1100.01. For any incident of facilitation of gambling, the on-sale intoxicating liquor, wine or 3.2 malt liquor license may be suspended for up to a period of days equal in number to the period of days that such incident continued. B. Effect of Suspension or Revocation of Food License. On-sale intoxicating liquor, wine or 3.2 malt liquor licenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the City Manager, enforcement officer or .both pursuant to Subsection 615.05, subdivision 6 of the City Code. '' T'he on-sale sale of intoxicating: liquor, wine or 3.2 malt liquor during such period shall constitute an unlicensed sale. • • • t ATTEST: Thomas Ferber, City Clerk Martin J. Kirsch, Mayor CJ The City Council retains the right to modify the provisions of this resolution from time to time and to impose penalties in excess of those contained herein when, in the judgement of the Council it is appropriate to do so. Passed by the City Council of the City of Richfield this 26th day of April 1999. /O CITY OF RICHFIELD, MINNESOTA Council Letter No. 94 Agenda April 26, 1999 Issue Statement: Consider granting an extension of the agreement with Ryan Companies US, Inc. until December 30, 1999. Back rg ound: On May 26, 1998, the Ryan Companies US, Inc., the City of Richfield, and the Richfield Housing and Redevelopment Authority agreed to cooperate in a study of the Penn and Sixty-Sixth Street (PASSS) area to determine redevelopment feasibility and prepare redevelopment plan options. The term of the agreement was for one year. That agreement will expire on May 26, 1999 unless an extension is granted. The Penn and Sixty-Sixth Street area has been an area where redevelopment was proposed ten years ago. However, there was no interest by a developer in this area before Ryan offered to explore redevelopment feasibility. Ryan has. been pursuing their responsibilities in the agreement. The planning process has progressed more slowly than originally anticipated because of the area's redevelopment complexity. Items such as identifying potential uses and the appropriate location for them, as well as which buildings would be removed and which • would be retained, have to be considered. Three meetings with the Planning Commission Community Advisory Team have been held. Ryan is using the input of the team to identify redevelopment options. It is expected that they will release these options in June or-July. It will take the late summer and fall for the community, Planning Commission, HRA, and City Council to review the plans. Therefore, an extension is warranted and should be granted. Recommended Motion: Extend the agreement with Ryan Companies US, Inc. to December 30, 1999. Basis of Recommendation: 1. The HRA on April 19, 1999 approved the extension of the Agreement and requested the concurrence of the City Council. 2. Ryan is making progress exploring the feasibility of redevelopment and preparing redevelopment options for the PASSS area. 3. The complexities require additional attention and time before a final concept can be formulated. Alternative Recommendation: 1. Do not extend the agreement with Ryan. 2. Extend the agreement with Ryan for a shorter period. iD~l Discussion/Decision Mode: If the planning process is discontinued, the progress made to this point could be lost. By continuing the agreement, Ryan will continue to work with the staff, Planning Commission Community Advisory Team, Planning Commission, HRA, and City Council to determine redevelopment feasibility in the study area. ctfully sub fitted, ~~~ ven L. Devich Acting City Manager SLD:ds AGREEMENT /~~ °2 THIS AGREEMENT is made and entered into this 26rH day of M~ Y , 1998, by and between the City of Richfield, Minnesota, a Minnesota municipal corporation ("City") and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota a Minnesota public body corporate and politic ("HRA") (City and HRA hereinafter collectively referred to as "First Parties") and Ryan Companies US, Inc., a Minnesota corporation (hereinafter. "Ryan"). RECITALS First: Ryan is interested in pursuing the redevelopment of that certain area identified on Appendix A (hereinafter the "Redevelopment Area°); Second: Ryan is proposing redevelopment within the Redevelopment Area which may include office, restaurant, limited retail, office showroom and residential uses (hereinafter the "Redevelopment°)' Third: The First Parties wish to cooperate with Ryan's efforts with Redevelopment and are willing to proceed as described in this Agreement; Fourth: The parties acknowledge that Ryan will expend substantial time and effort, and incur substantial expense in pursuing the Redevelopment; Fifth: Ryan is willing to undertake the above described activities with the reasonable assurance from the First Parties that they will support and cooperate with Ryan in its Redevelopment efforts. Sixth: The First Parties and Ryan have executed this Agreement to document their understanding with respect to the proposed Redevelopment. AGREEMENT NOW .THEREFORE, in consideration of the premises and mutual obligation of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: Statement of Intent. It is the intention of the parties that Ryan will proceed with the development activities necessary to permit Redevelopment in a manner, and on terms and conditions, which are mutually acceptable to Ryan and the First Parties. The parties acknowledge that in order for Redevelopment to be constructed, Ryan may at some point need financial and/or site assembly assistance from the First Parties. This Agreement does not, however, constitute either approval of such financial or site assembly assistance, nor does it obligate the .First Parties to provide such IQ~~ assistance. 2. Undertaking by Ryan: Ryan intends to undertake and pursue certain. activities with respect to the Redevelopment generally as outlined in the attached site analysis study schedule. Ryan's activities will include the following: site planning feasibility, development of plans for the Redevelopment, application for necessary government approvals, and such other activities as would be customary and necessary to permit the Redevelopment. 3. First Parties' Undertaking and Agreement. The First Parties agree to cooperate with Ryan in Ryan's undertakings, and specifically agree that during the term of this Agreement the First Parties will not (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Redevelopment Area, or (ii) except as maybe necessary in connection with the provision of public improvements, condemn or agree to proceed with the condemnation of any property within the Redevelopment Area to assist or facilitate development within such area by any third party. 4. Term. The term of this Agreement shall be for a period of one (1) year, provided that, either party may terminate this Agreement as to ail or any portion of the Redevelopment Area upon thirty (30) days written notice to the other, in the event that: (a) the City determines, in good faith, that Ryan is not diligently pursuing the Redevelopment with respect to the portions terminated, or (b) Ryan determines, in good faith, that the Redevelopment is not feasible with respect to the portions terminated. First Parties may also terminate the Agreement for failure of Ryan to meet its obligations under paragraphs 5D or 5E. Ryan will provide the First Parties with written reports at least quarterly regarding the status of its activities hereunder. Any such notice shall be deemed delivered if either actually delivered, or if faxed and mailed to the parties at the following addressees: Ryan Companies US, Inc. Attn: Kent Carlson 700 International Centre 900 Second Avenue South Minneapolis, MN 55402-3387 Phone: (612) 336-1200 Fax: (612) 337-5552 2 City of Richfield ~~ -~ 6700 Portland Avenue South Richfield, MN 55423 • Attn: City Manager Phone: (612) 861-9760 Fax: (612) 8618974 Richfield Housing and Redevelopment Authority 6700 Portland Avenue South Richfield, MN 55423 Attn: Executive Director Phone: (612) 861-9760 Fax: (612) 8618974 5. Miscellaneous. A. This Agreement constitutes the entire agreement between the parties relative to the proposed Redevelopment. Unless specifically described herein, no obligation shall be inferred or construed. B. As expansion of the foregoing, Ryan understands that further and separate action, for which no obligation is created hereunder, will be required before the First Parties are obligated to take various actions with respect to the Redevelopment. Those actions may include, without limitation: a) establishment of Project Area and Tax Increment District; b) agreement to provide tax increment or other financial assistance to the Redevelopment; c) zoning and subdivision approvals; d) acquisition of land within the Redevelopment Area by either voluntary purchase or condemnation (or both); and e) construction of public improvements to serve the Redevelopment. C. Ryan further understands that many of the actions which the First Parties may be called upon to take require the reasonable discretion and in some instances the legislative judgment of the First Parties, such actions may be made only following established procedures; and First Parties may not, by agreement, agree in advance to any specific decision in such matters. D. Ryan hereby indemnifies, holds harmless and agrees to defend, the First Parties, their officers agents and employees from any 3 claim or cause of action of whatever nature occasioned by or a~~ arising out of this Agreement or the first Parties performance thereunder. E. Ryan agrees that it will pay all reasonable costs and expenses incurred by the First Parties relating to the preparation of this Agreement and all actions taken by the First Parties. in furtherance of their obligations hereunder. Such payment shall be made to First Parties not later than 30 days following each request for payment accompanied with detail necessary to support such request. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. CITY OF RICHFIELD By: Its: ~1-~ ~, Its' ~ ;`..1'' ~ n ~ ~~ j-- ~- RICHFIEL ~ USING AND REDEVELOPMENT AUTHORITY By: By: RYA By: [H:CdAdmin:HRALTR:Att-Ryan] • 4 APPENDIX A PASSS AREA BOUNDARY ~~~ ~~ ~~ ~~~ '~~~iJ 1D -f~ N 200 0 200 400 -600 800 1000 Feet 41489 CITY OF RICHFIELD, MINNESOTA ~ Council Letter No. 93 ` Agenda April 26, 1999 M Issue Statement: Consideration of a resolution which specifies certain improper conduct of on-sale intoxicating liquor, wine and 3.2 malt liquor licensees and recommended discipline action. Background: At an April 5, 1999 City Council Study Session, staff was directed to update Resolution 7380, which specifies certain improper conduct of alcohol license holders and delineates the progressive discipline that can be expected when violations occur. In the past, this resolution has not included progressive discipline regarding the sale of alcohol to minors. This is the resolution that is referenced each year at the time that alcohol licenses are renewed. 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. It is recommended that fines also be used by Public Safety police personnel to conduct up to three additional compliance checks within a 12 month period on all licensed establishments. Any establishment found to be guilty of selling again on a second, third or fourth check would receive progressive discipline in the way of license suspensions and fines as outlined in a revised version of Resolution 7380. Public Safety staff is also recommending that 15% ofthe punitive fines be designated for future alcohol and tobacco education efforts within. the. community. Additional language is underlined in the .attached resolution. Recommended Motion: Approve a resolution specifying certain improper conduct of on-sale intoxicating liquor, wine and 3.2 malt liquor licensees and recommended discipline action. Basis of Recommendation: 1. 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. 2. Resolution 7380 does not include a schedule of progressive discipline for sale of alcohol to minors. Alternative Recommendation: 1. The Council may consider taking more or less severe action than is recommended in the attached resolution. Discussion/Decision Mode: Consider a new resolution which specifies certain improper conduct of on-sale intoxicating liquor, wine and 3.2 malt liquor licensees and which states the recommended discipline that licensees can expect. e ctfully submitted, ven L. evic Acting City Manager SLD:cak CITY OF RICHFIELD ~r RESOLUTION NO. RESOLUTION SPECIFYING CERTAIN IMPROPER. CONDUCT OF ON-SALE INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR. LICENSEES AND STATING RECOMMENDED DISCIPLINE REPLACING RESOLUTION N0.7380 BE IT RESOLVED by the City Council of the City of Richfield as follows: I. BACKGROUND STATEMENT The City of Richfield annually issues a number of licenses permitting the sale of on-sale intoxicating liquor, wine and 3.2 malt liquor within the City.. The conduct of the licensed activity is governed by the provisions of Section 1200 of the City Code. Although, the provisions of that Section describe in a general way what is expected of licensees in the proper conduct of the licensed activity,-the-City Council is concerned that licensees should have a more specific understanding of the types of conduct, generally described in the Code, which may subject their licenses to discipline; and further that they have a clear understanding of the scope and nature of the discipline which may be imposed for certain specific conduct. The levels of discipline described in this resolution will be imposed only in accordance with the applicable provisions of law. The list of activities and conduct contained in this resolution is not intended to be exhaustive, but rather concentrates on the types of conduct most frequently observed at licensed establishments. Other activity or conduct which is detrimental to the public safety, health, morals and welfare and which constitutes a violation of the provisions of Section 1200 of the City Code may also subject liquor licenses to discipline. The actions, which the City may take in accordance with this resolution, are not intended to preclude such further actions such as actions in t law or in equity or criminal prosecution available to the City for the conduct- described in this resolution. 11. SPECIFIC PROHIBITED CONDUCT AND PROPOSED SANCTIONS. A. Noise and Other Disturbing. Conduct Within or Near the Licensed Premises. Licensees are responsible for the conduct of their patrons while within the licensed establishment; and of individuals within the immediate vicinity of the establishment whom are either coming to or leaving the establishment. The City is unwilling to permit the continued operation of a licensed alcohol establishment in circumstances where it is evident that the licensed activity is having a detrimental impact upon the health, welfare, safety and morals of the community and patrons of the establishment. The following. discipline may be imposed upon on-sale intoxicating liquor, wine and 3.2 malt liquor licenses for verified reports of criminal misconduct occurring on or near the licensed premises and attributable to patrons of the establishment (including persons entering or leaving): 1. For five (5) such incidents occurring within less than a 31-day period (beginning with the date of the first of such five incidents) -suspension of the license for up to 10 days and a civil fine of $2,000 for each incident. 2. For ten (10) such incidents occurring within less than a 61-day period (beginning with the date of the first of such incidents) -suspension of the license for up to 30 days and a civil fine of $2,000 for each incident. 3. For fifteen (15) such incidents occurring within any 91-day period (beginning with the date of the first of such incidents) -suspension of the license for up to 60 days and a civil fine of $2,000 for each incident. ~~~ The discipline outlined above is intended to be cumulative in nature, and incidents which give rise to discipline (or the right to discipline) during a shorter period may be counted in determining whether discipline is appropriate during a longer period • The term "verified reports of criminal misconduct" means a report made to the Director of Public Safety by the licensee or a complaint made by others concerning an incident constituting a crime under the City Code of the laws of the State of Minnesota, which, in the opinion of the Director, is directly attributable to the licensed activity. Verified reports of criminal misconduct do not of necessity mean requests for service, and licensees shall not be required to make requests for services in situations where the licensee is capable of resolving. the incident without police assistance. However, it is necessary for the City to have an accurate measure of the level of criminal misconduct. The Department of Public Safety shall establish standards and criteria for the making of such reports by the licensee. If the licensee fails to make the.. required reports of criminal misconduct in accordance with such standards and criteria, the following additional discipline may be imposed upon its on-sale intoxicating liquor, wine or 3.2 malt liquor license: 1. For the first incident of failure to report criminal misconduct within any license year -suspension of license for up to five days and, a civil fine of $2,000. 2. For the second such incident in any license year -suspension of license for up to 10 days and a civil fine of $2,000. 3. For the third such incident. in .any license year -suspension of license for up to 15 days and a civil fine of $2,000. B. Serving Alcoholic Beverages. Beyond the Interior of the Licensed Premises or Permitting Patrons to Leave such Licensed Premises with Alcoholic- Beverages. Licensees must assure that the service and. consumption of alcoholic beverages will be confined only to those .areas permitted by the license. Failure to do so may have an evident and adverse impact upon other activities lawfully occurring within the area and creates. a substantial. risk of criminal behavior such as violation of the Open Bottle Law. The following discipline may be imposed upon on-sale .intoxicating liquor, wine and 3.2 malt liquor licenses: 1. The first incident during the license year - up to a 10-day suspension and $2,000 civil fine. 2. The second incident during the license year- up to a 30-day suspension and $2,000 civil fine. 3. The third incident during the license year - up to a 60-day suspension and $2,000 civil fine. 4. The fourth incident during- the license year -revocation of license. C. Permitting Occupancy to Exceed the Limits Permitted Under the Uniform Fire Code 25.114 (overcrowding) Licensees are absolutely bound to prevent situations in which the licensed premises become overcrowded. The City finds that the opportunity to serve alcoholic beverages contributes to an environment wherein overcrowding, if not strictly controlled by the licensee, may occur. Each liquor license issued shall state the maximum occupancy limit for the licensed premises. The following discipline may be imposed upon on-sale intoxicating liquor, wine or 3.2 malt liquor licenses for incidents of overcrowding verified by the City's Public Safety Director or their designee: y~- 3 1. The first incident during the license year - up to a 10-day license suspension and $2,000 civil fine. 2. The second incident during the license year - up to a 30-day suspension and $2,000 civil fine. 3. The third incident during the license year - up to a 60-day suspension and $2,000 civil fine. 4. The fourth or subsequent incident during the license year -revocation of the license. • D. Facilitating Gambling. Licensees must not permit or allow any condition to occur on the licensed premises, which would facilitate gambling activity. Licensees may not permit any device on the licensed premises which could be used for gambling. Such devices include blackjack tables, video games of chance, roulette wheels and any other amusement or gambling device as defined in Minnesota Statutes, Chapters 349 and 609, and Richfield City Code, Subsections 1100.13 and 1100.01. For any incident of facilitation of gambling, the on-sale intoxicating liquor, wine or 3.2 malt liquor license may be suspended for up to a period of days equal in number to the period of days that such incident continued. E. Effect of Suspension or Revocation of Food License. On-sale intoxicating liquor, wine or 3.2 malt liquorlicenses which are issued to establishments because they qualify as restaurants shall cease to be valid for any period of time during which the establishment's food license is under suspension or revocation as the result of actions taken by the City Manager, enforcement officer or both pursuant to Subsection 615.05, subdivision 6 of the City Code. The on-sale sale of intoxicating liquor, wine or 3.2 malt liquor during such period shall constitute an unlicensed sale. F. The Sale, Consumption or Service to a Minor of Intoxicating Liquor, Wine or 1. For a first offense, the establishment's license will be suspended for two days and a civil fine of $500 will be due and payable to the City. • cense will pe revoKea ana a 4. For a fourth offense. (if within four years of the third offense). the -~ Passed by the City Council of the City of Richfield this 26th day of April 1999 Martin J. Kirsch, Mayor • ATTEST: Thomas Ferber, City Clerk The City Council retains the right to modify the provisions of this resolution from time to time and to impose penalties in excess of those contained herein when, in the judgement of the Council it is appropriate to do so. CITY OF RICHFIELD, MINNESOTA Council Letter No. 92 Agenda April 26, 1999 Issue Statement• Initial disciplinary appearance for Richfield establishments that sold alcohol to underage youth and consider appropriate resolution for each establishment. Background: On March 4, 1999, Richfield Public Safety staff conducted alcohol compliance checks at 13 establishments, assisted by three underage youths .between 18 - 20 years of age. These compliance checks were afollow-up to a baseline non-enforcement check that was done with the assistance of Bloomington Public Health Division in early 1998. On March 4, 1999, the police division made arrangements for the minors to enter the establishments with undercover police officers. In eight instances, the youths were successful in being served alcohol The businesses that. made sales to underage youth on March 4, 1999 are as follows:. • Richfield Liquor Store- 6444 Lyndale Avenue • Sandy's Tavern - 6612 Penn Avenue • .Kenny's Market - 6708 Penn Avenue • Ketsana's - 7545 Lyndale Avenue • Kwik Way - 7701 Portland Avenue • Ground Round - 1500 East 78th Street (Two sales by two different employees were made the same day) • Superamerica - 7720 Nicollet Avenue On March 23, 1999, Richfield Public Safety staff conducted a second round of alcohol compliance checks at 17 establishments, assisted by four underage youths between the ages. of 18-20 years of age. Again, on that date, the police division made arrangements for the minors to enter the establishments with an undercover police officer. In seven instances, the youth were successful in being served. alcohol The businesses that made sales to underage youth on March 23, 1999 are as follows: • Phillips 66 - 7744 12th Avenue • Tom Thumb - 7600 Knox Avenue • Hampton Inn - 7745 Lyndale Avenue • Mobile Gas Station - 6744 Penn Avenue • Kinhdo Restaurant - 6345 Penn Avenue • Lariat Lanes - 6320 Penn Avenue • Superamerica - 2913 West 66th Street On April 13, 1999, Richfield Public Safety staff conducted a third and final round of alcohol compliance checks at 14 establishments, several of which had already been checked in the first two. rounds and had not sold alcohol. They were assisted by two underage youths between the ages of 18-20 years of age. Again, the police division made arrangements for the minors to enter the establishments with an undercover I police officer. In three instances, the youths were successful in being served alcohol. ~~ The businesses that made. sales to underage youth on April 13, 1999 are as follows: • Chi Chi's - 7717 Nicollet Avenue • Vina's Restaurant - 6401 Nicollet Avenue • Silver Spoon Restaurant - 6700 Penn Avenue At no time did any of the minors consume any. of the alcohol. After each attempt, successful or unsuccessful, the officers identified themselves to the clerk and issued them a citation if they failed. If the underage youth were unsuccessful in securing alcohol, the clerk was. congratulated by officers for doing a good job. Those employees that sold alcohol will be charged criminally in court. At an April 5, 1999 Council Study Session, staff was directed to proceed with a recommendation to fine and suspend the licenses to sell alcohol of the establishments involved. The Director of Public Safety recommends that the City Council suspend each of the establishment's licenses for two days and .impose a civil penalty of $500 on each establishment. Under state law, the City Council may. not suspend a liquor license without giving the licensee the opportunity for a contested .case hearing. The affected licensees have been notified to appear at the April 26,..1999 Council meeting. The action to be taken is to inquire of each licensed business whether (1)-it admits. having made an underage sale and stipulates to the two day suspension and $500 civil penalty or (2) it requests a contested case hearing. Recommended Motion: It is recommended that the City Council take the following actions: • Provide each affected licensee the opportunity to admit the violation and stipulate to the suspension and civil penalty or to request a contested case hearing. • For each establishment that admits the violation, adopt a resolution suspending the establishment's licenses to sell alcohol for two consecutive days and levying a fine against each establishment in the amount of $500 for the first violation. • For each establishment that admits the violation, establish a mandatory meeting with the Public Safety Director to present each establishment's plans to ensure eliminating any future actions of this kind. • For each establishment that requests a contested case hearing, adopt a resolution. referring the matter to an independent hearing examiner to be selected by the Director of Public Safety Basis of Recommendation: 1. It is a violation of a Minnesota State Statute and City ordinance to-sell alcohol to underage youth. 2. Civil enforcement penalties taken: in 1990 by the City Council against several establishments were severe. This was done to send a message to the establishments and the community that the Council will not tolerant this type of ~~--~, violation continuin in the community and that Richfield youth and their we 1-being 9 are highly valued. 3. 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. 4. State law and city ordinance require that licensed establishments be provided the opportunity to request a contested case hearing before their licenses are suspended or revoked. Alternative Recommendation: None. Discussion/Decision Mode: Provide each affected licensee the opportunity to request a contested case hearing or stipulate to the proposed suspension and penalties. Respectfully submitted, ~~ Steven L. Devich Acting City Manager SLD:cak • CITI( OF RICHFIELD ~~~ ..RESOLUTION NO. • RESOLUTION SUSPENDING THE ON-SALE LIQUOR LICENSE FOR AND IMPOSING A CIVIL PENALTY WHEREAS, ("Licensee") holds an on-sale liquor license from the City of Richfield; and WHEREAS, on , 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 April 26, 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 by the City Council of the City of Richfield as follows: 1. The Licensee's on-sale liquor license 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 May 26, 1999. 2. A civil penalty of $500 is hereby imposed. On or before May 26, 1.999, the • Licensee shall deliver a check or money order payable to the City of Richfield in the amount of $500. Passed by the City Council of the City of Richfield this 26th day of April 1999. Martin J. Kirsch, Mayor ATTEST: Thomas Ferber, City Clerk • CITY OF RICHFIELD RESOLUTION NO. ~j' RESOLUTION AUTHORIZING INDEPENDENT :HEARING EXAMINER CONTESTED CASE HEARING FOR WHEREAS, ("Licensee") holds an on-sale liquor license from the City of Richfield; and WHEREAS, on , 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 April 26, 1999, denied the violation and requested a contest case. hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: 1. The Public Safety Director is authorized and directed to retain an independent hearing examiner to preside over a contested case hearing concerning the proposed disciplinary action against the Licensee's license. 2. The contested case hearing shall be conducted in accordance with Minnesota Statutes, Sections 14.57 to 14.69.. • 3. The hearing examiner shall schedule a hearing date that is mutually convenient to the Public Safety Department and the Licensee, to be held within 60 days of the date of this resolution. The hearing examiner shall notify the Public Safety Director and the Licensee of the scheduled hearing date. Passed by the City .Council of the City of Richfield this 26th day of April 1999. Martin J. Kirsch, Mayor ATTEST: Thomas Ferber, City Clerk • CITY OF RICHFIELD, MINNESOTA Council Letter No. 91 / Agenda April 26, 1999 Issue Statement• Application for a community celebration event license with a request for a fee waiver by the Richfield Recreation Services Department for events scheduled to take place on Saturday, May 1 and Sunday, May 2, 1999. Background: The planning committee for the Second Annual Cinco De Mayo Celebration is making their application for a community celebration event license and requests that the fee be waived for the activities at Taft Park. A detailed activity plan of the two-day event is currently on file. The food concessions will operate through the celebration committee. Only vendors that have applied and been approved by the committee and Bloomington Health Department will be allowed to sell concessions. The committee 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. Recommended Motion: Staff recommends the approval of a community celebration event license with. fee waived for the Cinco De Mayo Committee for activities at Taft Park on May 1 and May • 2, 1999.. Basis of Recommendation: 1. The applicant has complied with all of the provisions of the City application process and meets the requirements for fee waived. Alternative Recommendation: 1. The Council could decide not to grant the license. This would result in the applicant not being able to conduct activities, especially those concerning food preparation., on Saturday, May 1 and Sunday, May 2. Discussion/Decision Mode: Consideration of the request for the issuance and fee waiver of a community celebration event license for May 1 and May 2, 1999 for the Cinco De Mayo Committee is presented for Council consideration at this time. Respectfully submitted, even L. Devich Acting City Manager SLD:cak /~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 90 Agenda April 26, 1999 Issue Statement: Participation in an interagency agreement concerning the governance of Local Collaborative Time Study (LCTS) funds generated by the City of Bloomington through its Health Division while performing services for the cities of Bloomington, Edina and Richfield. Background: The City of Bloomington, through its public health services, generates federal LCTS funds to be used on a local or regional basis for use in expanding prevention and early intervention services for families and children. The South Hennepin Family Services Collaborative Board of Directors (a state- approved collaborative for governance of LCTS funds), consisting of city managers and school superintendents, has responsibility to review and approve LCTS funds on a regional basis. This Board will review and approve LCTS recommendations made by the Tri-City LCTS Advisory Committee and the South Hennepin Family Services Collaborative Advisory Council. The amount of funds generated through public health on an annual basis is approximately $60,000. Recommended Motion: Approve participation in an interagency agreement concerning the governance of LCTS funds generated by the City of Bloomington Public Health Division while performing services for the cities of Bloomington, Edina and Richfield. Basis of Recommendation: 1. Participation in this agreement will provide expanded early intervention and prevention services for families and children in South Hennepin. 2. Richfield will continue to be a cooperative partner in LCTS fund decision making for the South Hennepin area. Alternative Recommendation: 1. If Richfield refuses to participate, it could possibly lose some discretion in terms of how these funds are used Discussion/Decision Mode: Council approval of Richfield's participation in an interagency agreement concerning the governance of LCTS funds generated by the City of Bloomington Public Health Division in the provision of services for the cities of Bloomington, Edina and Richfield is sought at this time. R ctfully sub ~tted, to n . Devic Act g City Manager SLD:ds ~~- • Interagency Agreement Concerning the Governance of Local Collaborative Time Study Funds Generated by the City of Bloomington through its Health Division while Performing Services for the Cities of Bloomington, Edina, and Richfield WHEREAS,'the cities of Bloomington, Edina, and Richfield are participants, along with other entities, in astate-sanctioned Family Services Collaborative operated through the South Hennepin Regional Planning Agency, titled the South Hennepin Family Services Collaborative ("FamiLink"); and WHEREAS, FamiLink has agreed to participate in the Local Collaborative Time Study (LCTS) revenue maximization activity to generate new funds for the work of its collaborative; and WHEREAS, FamiLink is a participant in a countywide LCTS agreement with other Family Services Collaboratives and Children's Mental Health Collaboratives in Hennepin County, titled the Interagency Agreement Concerning the Implementation of the Local Collaborative Time Study anion all Family Services and Children's Mental Health Collaboratives in Hennepin County, in compliance with the State of Minnesota requirements; and WHEREAS, the City of Bloomington provides public health services through its Health . Division including services to the cities of Edina and Richfield through contractual agreements. WHEREAS, the City of Bloomington is an approved participant in the LCTS and has executed the necessary contractual agreements with Hennepin County to authorize the LCTS activities and for public health services; NOW THEREFORE, FamiLink, which includes the cities of Bloomington, Edina, and Richfield, as indicated by the signatures below, agree to the following governance plan concerning the allocation and assignment ofdecision-making authority over the public health LCTS revenues generated by the City of Bloomington Health Division: A. All LCTS revenues generated by the Bloomington Health Division must be given to a state-authorized Family Services Collaborative for use in expanding prevention and early intervention services for families and children. B. All LCTS revenues generated by the Bloomington Health Division will follow the guidelines of the Hennepin county-wide LCTS Interagency Agreement and LCTS Financing Framework. C. All LCTS revenues generated by the Bloomington Health Division and reserved for `local or regional Collaboratives' according to the above-referenced Interagency Agreement and • Financing Framework will be governed by FamiLink. f~C'~ D. FamiLink agrees to allocate the Bloomington LCTS revenues, generated from the Bloomington Health Division while serving the communities of Bloomington, Edina, and Richfield, based on a spending plan approved by FamiLink from the recommendations of a Tri-City LCTS advisory committee. E. Recommendations shall be reviewed by the FamiLink Advisory Council and approved by the FamiLink Boazd. F. The City of Bloomington will serve as the fiscal agent to receive and administer; on behalf of the local collaboratives for Bloomington, Edina, and Richfield, for all LCTS funds generated by the City of Bloomington Health Division. G. The cities of Bloomington, Edina, and Richfield agree that they will be equally responsible for any misappropriation offends or other violations of the terms of this Agreement. H. The cities of Bloomington, Edina, and Richfield agree that during the term of this Agreement they will maintain insurance in the amounts specified in Chapter 466 of the Minnesota Statutes. I. The parties agree to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. S J. The parties also agree to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not to discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs, or activities. K. This Agreement shall not be assignable except at the written consent of the parties. L. This Agreement represents the entire Agreement between the parties and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by each of the parties. M. The parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. N. The parties agree that this Agreement will be governed by the laws of the State of Minnesota. • ~~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the date and yeaz first written above. DATED: DATED: Reviewed and approved by the City Attorney. City Attorney DATED: DATED: Reviewed and approved by the City Attorney. City Attorney DATED: DATED: Reviewed and approved by the City Attorney. City Attorney DATED: CITY OF BLOOMINGTON By: Its Mayor By: Its Manager CITY OF EDINA By: Its Mayor By: Its Manager CITY OF RICHFIELD By: Its Mayor By: Its Manager FAMILINK BOARD OF DIRECTORS By: Its Chairperson • ~® CITY OF .RICHFIELD, MINNESOTA Council Letter No. s9 Agenda April 26, 1999, Issue Statement: Resolution approving preliminary plans, identified as Layout No. 2, for I-35W from I-494 to the west junction of Crosstown 62. Background: The City Council approved the layout of mainlines for the extension of the I-35W High Occupancy Vehicle (HOV) Lane on March 24, 1997. On October 27, 1997 the City Council approved a resolution requesting addition of a noise wall along the west side of -35W between 68th Street and 73rd Street. On March 23, 1998 the City Council approved a resolution regarding approval of layout for 66th Street between Lynwood Boulevard and Humboldt Avenue as part of the I-35W Project to extend the High Occupancy Vehicle Lane. The Richfield City Council is now being asked to consider approval of preliminary plans, identified as Layout No. 2, for improvements of I-35W from I-494 to the west junction of Crosstown 62. Layout No. 2 for extension of the I-35W HOV lane includes the design changes referenced above as well as incorporation of a noise wall on the east side of I- 35W by Wood Lake Nature Center and design of the I-35W interchange with 66th Street. The Layout No. 2 preliminary plans will be available for review at the Council a meeting. Recommended Motion: Adopt.the attached resolution approving preliminary layouts, identified as Layout No. 2, for improvements to I-35W within the corporate limits of the City of Richfield, from the junction of I-494 to the west junction of Trunk Highway 62. Basis of Recommendation: 1. This layout was developed to address the I-35W/Highway 62 "Crosstown" commons section. The common section handles nearly 250,000 vehicles per day, has poor geometric design and an accident rate nearly three times the metropolitan freeway average. Included in the layout are: A. High Occupancy Vehicle (HOV) lanes in each direction from I-494 to 46th Street. B. Elimination of the common section by separating I-35W and Highway 62. C. Replacement of nonstandard left-hand exits and entrances with right-hand ramps. D. Replacement of mainline pavement per soil recommendations. E. Clarification of lane striping for in-place northbound lanes between I-494 and 76th Street. F. Widening of 66th Street in the I-35W interchange area to provide channelized left turn lanes and bus pullouts in each direction. G. Replacement of the I-35W bridge over 66th Street and modification of the ramps. H. Provision of wider sidewalks and wider right lanes on 66th Street near the I-35W interchange. ~*~~~ I. Severance of the alley connection to 66th Street in the SE quadrant of the interchange. J. Relocation of the alley connection to 66th Street in the NW quadrant to Girard Avenue. K. Addition of planters at the four corners of the 66th Street bridge. L. Addition of noise wall on the east and west sides of I-35W to close the gaps in the .existing noise walls. 2. Insofar as possible, Layout No. 2 incorporates the requests made by the City of Richfield and the Aesthetic Design Review Committee. 3. The City of Richfield and any other affected governmental unit must approve plans before the project can continue. Alternative Recommendation: Council may request additional design considerations as deemed necessary and appropriate. Discussion/Decision Mode: Council is asked to take action at the April 26, 1999 meeting. Should Council find it necessary to delay action at this time, work on the project, currently scheduled to begin in about August 1999, could also be delayed. R s ctfully submitted, en L. Devic Acting City Manager SLD:sdr Attachment n ~J /~J °~ RESOLUTION NO. RESOLUTION APPROVING PRELIMINARY LAYOUT, IDENTIFIED AS LAYOUT NO. 2, FOR 1-35W WITHIN THE CORPORATE LIMITS OF THE CITY OF RICHFIELD WHEREAS, the Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of Trunk Highway Number 394 renumbered as Trunk Highway No. 351N within the corporate limits of the City of Richfield, from the junction of I-494 to the West junction of Trunk.Highway 62, and seeks approval thereof; and WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 2, S.P. 2782-265, 2782-266, 2782-267 and 2782-268, from I-494 to 42nd Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that said preliminary layouts for the improvement of said Trunk Highway within the corporate limits be and hereby are approved. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of April, 1999. • Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. s8 Agenda April 26, 1999 Issue Statement: Resolution related to Municipal State Aid (MSA) administrative variance to State Aid Rule 8820.2800 Subpart 2 for City Project 401-30-519, State Aid Projects 157-020-15, 157-364-01, 27-635-23 traffic control signals at 64th Street and Portland Avenue. Background: On April 12, 1999 the City Council adopted a resolution requesting a variance from Municipal State Aid rules to allow MSA eligibility for the installation of traffic control signals at 64th Street and Portland Avenue. The Minnesota Department of Transportation (MnDOT) has agreed to issue an administrative variance which requires the City of Richfield to hold harmless the State of Minnesota from any and all claims, demands, actions or causes of actions of any nature related to construction of traffic control signals at 64th Street and Portland Avenue. Because the variance is to an administrative process and not to a design standard, the hold harmless clause has no real effect on the City's liability and simply completes an administrative requirement. Completion of the hold harmless resolution is needed to complete the work necessary to obtain funding approval for this project. Recommended Motion: Adopt the attached resolution which holds harmless the State of Minnesota with regard to an administrative variance from Municipal State Aid rules to allow MSA eligibility for the installation of traffic control signals at 64th Street and Portland Avenue. Basis of Recommendation: 1. The approval process for traffic control signals at 64th Street and Portland Avenue started in July 1998 for a February 1999 letting. 2. On January 5, 1999 a change was made in State Aid rules. 3. It was not until after the .bids were opened on February 16, 1999 that the City learned there was no MnDOT approval. 4. The City intended to wait until a variance was obtained before proceeding with the project. The City asked the contractor to reschedule the work until after the Variance Committee met in June 1999. This delay was likely to increase the costs to the contractor and, so too, the project by an estimated $13,000. 5. The MnDOT has agreed to grant an administrative variance but requires that the City of Richfield provide a "hold harmless" action before the administrative variance can be officially issued. Alternative Recommendation: None. ~~ Discussion/Decision Mode: Council is asked to consider and approve the attached resolution on April 26, 1999 so construction of the traffic signal may begin immediately. Respectfully submitted, i n L. Acting City Manager SLD:ds Attachment • • ~~~~ RESOLUTION NO. RESOLUTION HOLDING HARMLESS THE STATE OF MINNESOTA REGARDING REQUEST FOR VARIANCE TO THE RULES OF THE MUNICIPAL STATE AID DIVISION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the rules of the Municipal State Aid Division of the Minnesota Department of Transportation require that a proposed project receive District State Aid approval before bids for the project are opened; and WHEREAS, a violation of said rule could make a proposed project ineligible for Municipal State Aid (MSA) funding; and WHEREAS, Richfield staff, unaware that Municipal State Aid approval had not been granted, opened bids for State Aid Projects 157-020-15, 157-364-01, 27-635-23 and recommended award of a contract to Ridgedale Electric Inc. for construction of signalized traffic control systems at 64th and 66th Streets at Portland Avenue; and WHEREAS, based on said recommendation, the Richfield City Council did on February 22, 1999 award a contract for the projects; and WHEREAS, the City of Richfield did request that the Minnesota Department of Transportation, Division of State Aid grant a variance to the rules for State Aid Operations 8820.2800 subpart 2 for State Aid Projects 157-020-15, 157-364-01, 27- 635-23 for construction of signalized traffic control systems at 64th and 66th Streets at Portland Avenue; NOW, THEREFORE, BE IT RESOLVED that the City of Richfield save and hold harmless the State of Minnesota and all its agents and employees of and from any and all claims, demands, actions or causes of actions of any nature or character arising out of or by reason of, in any manner, the construction of signalized traffic control systems at 64th and 66th Streets at Portland Avenue South in any other manner than as required by Minnesota Rules 8820.2800 Subpart 2 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of granting said variance. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of April, 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 87 Agenda April 26, 1999 Issue Statement: Resolution authorizing approval of an agreement with Minnesota Department of Transportation (MnDOT) related to the construction of I-35W High Occupancy Vehicle (HOV) lane and parts of 66th Street (CSAH 53) near I-35W within the corporate City limits. Background: The 1999 revised capital improvement budget identified the I-35W HOV Lane/66th Street construction project. The budget contains $426,000 Municipal State Aid (MSA) funds for surfacing, under bridge lighting, and storm sewer drainage, and $260,000 Tax Increment Financing (TIF) for beautification for a total of $686,000. The Council approved1999 budget included an even larger sum. This agreement provides for a lump sum payment of $135,878.20 by the City to the State for the City's share of the costs of the construction to be performed upon, along and adjacent to T.H. 35W within the corporate City limits. Richfield's participation will be reimbursed by Municipal State Aid (gas tax) funds. A second agreement with MnDOT for on-bridge lighting and traffic control signals will be forthcoming. Recommended Motion: .Adopt the attached resolution authorizing the Mayor and Acting City Manager to execute Minnesota Department of Transportation Cooperative Construction Agreement No. 78564-R for construction of I-35W HOV lane within the corporate City limits. Basis of Recommendation: 1. A formal agreement is required by the MnDOT for receiving the City of Richfield's costs incurred for the construction of I-35W HOV lane and 66th Street. ~ 2. Council previously approved monies in the 1998/1999 capital improvement budget 3. The agreement is consistent with MnDOT's policy on reconstruction. Alternative Recommendation: Do not have the City reimburse MnDOT for the City's share in the reconstruction of the I-35W HOV lane; however this agreement is a formality for release of funds. Discussion/Decision Mode: Staff requests approval of this agreement at the April 26, 1999 City Council meeting. R ectfully submitted, L. c Acting City Manager SLD:ds ~~ J~' RESOLUTION NO. RESOLUTION AUTHORIZING MAYOR AND ACTING CITY MANAGER TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) COOPERATIVE CONSTRUCTION AGREEMENT NO. 78564-R WHEREAS, the Minnesota Department of Transportation (MnDOT) will add a High Occupancy Vehicle (HOV) lane to I-35W from 21.9 meters north of 76th Street to 198.7 meters north of County State Aid Highway No. 53 (66th Street) and along 66th Street between Emerson Avenue and Humboldt Avenue all within the corporate limits of the City; and WHEREAS, all City costs associated with this agreement for the construction of an HOV lane by MnDOT will be reimbursed to the City through MSA (gas tax) funds; and WHEREAS, the City has expressed its willingness to participate in the costs of the surfacing, under bridge lighting and storm sewer construction and associated engineering in conjunction with MnDOT's project; and WHEREAS, the State contract includes the construction of storm sewer facilities which collect and convey storm water drainage from both trunk highway right-or-way and adjacent City property. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into MnDOT Agreement No. 78564 with the. State of Minnesota, Department of Transportation for the following. purposes: To provide for payment by the City to the State of the City's share of the costs of the grading, surfacing, lighting and storm sewer construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 35W from 75th Street to County State Aid Highway No. 53 (66th Street) within the corporate City limits under State Projects No. 2782-268 (T.H. 35W=394) and No. 157-020-16. IT IS FURTHER RESOLVED that the Mayor and the Acting City Manager are authorized to execute the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 26th day of April 1999. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk /~ CITY OF RICHFIELD, MINNESOTA Council Letter No. sb Agenda April 26, 1999 Issue Statement: Consider a request for an off-street parking permit for 6500 Penn Avenue to allow a building addition. Background: The applicants, Dan Anderson and Lee Stedman, are proposing to add a 1,400 sq. ft. addition onto the existing building at 6500 Penn Avenue. The occupant of the building would change from Ember's restaurant to America's Best, a contact and eyeglass retail/service store. The top portion of the existing roof would be removed and a parapet wall constructed around the top of the existing building and the proposed addition. The exterior of the existing building and proposed addition would be an EFIS (stucco-like) material. The parking lot would be resurfaced and restriped. Existing landscaped areas would be cleaned out and new mulch installed. Thirty-eight parking spaces would be provided on the site, which exceeds the 15 spaces required by City standards for aretail/service use. Recommended Motion: Approve an off-street parking permit for 6500 Penn Avenue to allow a change in use to a service/retail use from a restaurant, and construction of a 1,400 sq. ft. building addition with the following stipulations: That a stormwater management plan be approved by the Public Works Director. 2. That the existing fence along the west property line be repaired or replaced. 3. That the asphalt in the boulevard along 65th Street be removed and replaced with grass. Any non-grass alternative such as mulch must be approved by the Public Works Director. Basis of Recommendation: 1. The proposed use is a permitted use in the C-2 (general commercial) district. 2. The proposed addition will improve the property's appearance. 3. The property's building exterior will be updated as part of the project. 4. Thirty-eight parking spaces would be provided, which exceeds the 15 spaces required by City standards. ~A-I 5. The property is part of the Penn Avenue and Sixty-Sixth Street redevelopment study being conducted by Ryan Companies. The redevelopment plan has not been completed at this time, and no moratorium on development has been established, so it is appropriate to allow individual property improvements. Alternative Recommendation: Deny the off-street .parking permit. Discussion/Decision Mode: This item is scheduled on the Consent Calendar. Respectfully submitted, en L. Devich Acting City Manager SLD:ds • _.-.__ .. _.. ___ ,_ i z ~ Z Z ~ } i ~n~ rvn~~ ~~ ' ~~ ~G~ y s a~ul ~: O, ... 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