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01-12-98 agendaCITY OF RICHFIELD, MINNESOTA MONDAY, JANUARY 12, 1998 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION OF DECEMBER 22,1997; (2) REGULAR CITY COUNCIL MEETING OF DECEMBER 22,1997; AND (3) REGULAR CITY COUNCIL STUDY SESSION OF JANUARY 5, 1998 i PRESENTATIONS 1. PRESENTATION OF CERTIFICATE OF COMMENDATION TO RICHFIELD POLICE OFFICER LISA PETRICKA COUNCIL LETTER NO. 1 INDIVIDUALS WHO WISH TO ADDRESS THE COUNCIL ARE REQUESTED TO PRINT THEIR NAME AND ADDRESS ON THE SPEAKER'S REGISTER FOR THE RECORD. 2. CONSIDERATION OF ABANDONING VETERANS MEMORIAL PARK OF RICHFIELD/WATER PLANT SITE FOR CITY MAINTENANCE FACILITY COUNCIL LETTER NO. 2 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 4. COUNCIL APPROVAL OF AGENDA 0 CONSENT CALENDAR e 5. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF COUNCIL DESIGNATION OF MAYOR PRO TEMPORE FOR 1998 C.L. 3 B. CONSIDERATION OF APPROVAL OF COUNCIL RESOLUTION INVOKING RULES REGARDING COUNCIL MEMBER ATTENDANCE AT COUNCIL MEETINGS C.L. 4 C. CONSIDERATION OF APPROVAL OF AMENDING WOOD LAKE DREDGING CONTRACT TO INCLUDE RAISING PATH ALONG WEST SIDE OF WOOD LAKE NATURE CENTER C.L. 5 D. CONSIDERATION OF APPROVAL OF REMOVAL OF STOP SIGNS AT 64TH STREET AND STANDISH AVENUE C.L. 6 E. CONSIDERATION OF APPROVAL OF BID MINUTES/TABULATION, REJECTION OF LUVERNE APPARATUS CO., LTD. BID, AND AWARD CONTRACT TO TOYNE INC. FOR REPLACEMENT FIRE RESCUE ENGINE AND EQUIPMENT PER SPECIFICATIONS IN TOTAL AMOUNT OF $175,288 C.L. 7 F. CONSIDERATION OF APPROVAL OF THE FOLLOWING 1998 LICENSE RENEWALS: • AAGARD SANITATION: GARBAGE HAULER, 4 VEHICLES • AIRPORT & AIRLINE TAXI: 50 VEHICLES • BROWNING-FERRIS IND.: GARBAGE HAULER, 10 VEHICLES • KENNYS MARKETS: OFF SALE 3.2 PERCENT MALT LIQUOR, RETAIL CIGARETTE, FOOD ESTABLISHMENT, ICE VENDING, SOFT DRINK • KWIK WAY FOODS: OFF-SALE 3.2 PERCENT MALT LIQUOR, RETAIL CIGARETTE, FOOD ESTABLISHMENT, ICE VENDING, SOFT DRINK • MAI TO GO: RESTAURANT, PERISHABLE FOOD VEHICLE, SOFT DRINK • QUALITY WASTE CONTROL INC.: GARBAGE HAULER, 6 VEHICLES • SANDY'S TAVERN: OFF-SALE AND ON-SALE 3.2 PERCENT MALT LIQUOR, RETAIL CIGARETTE, FOOD ESTABLISHMENT, POOL/BILLIARD; SOFT DRINK • SUBURBAN TAXI CORPORATION: 44 VEHICLES • VASKO RUBBISH REMOVAL INC.: GARBAGE HAULER, 1 VEHICLE • WASTER BUICK: MOTOR VEHICLE DEALER • WASTER MANAGEMENT-SAVAGE: GARBAGE HAULER, 21 VEHICLES PUBLIC HEARINGS 6. PUBLIC HEARING AND SECOND READING OF ZONING ORDINANCE AMENDMENT • TO SECTION 521 RELATING TO REGULATION OF LICENSED AND COMMUNITY BASED RESIDENTIAL CARE FACILITIES COUNCIL LETTER NO. 8 7. PUBLIC HEARING REGARDING RENEWAL OF 1998 PAWNBROKER AND . SECONDHAND GOODS DEALER LICENSE FOR METRO PAWN AND GUN, INC., 7529 LYNDALE AVENUE COUNCIL LETTER NO. 9 8. PUBLIC HEARING REGARDING RENEWAL OF 1998 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE FOR PLAZA PAWN, 6414 NICOLLET AVENUE COUNCIL LETTER NO. 10 RESOLUTION 9. CONSIDERATION OF RESOLUTION APPROVING 1998 HUMAN SERVICE AGENCY FUNDING RECOMMENDATIONS COUNCIL LETTER NO. 11 --ADMINISTRATIVE REPORTS AND OTHER BUSINESS - 10. CONSIDERATION OF DESIGNATION OF COUNCIL LIAISON APPOINTMENTS FOR 1998 COUNCIL LETTER NO. 12 AIRPORT BUSINESS 11. AIRPORT STATUS REPORT CORRESPONDENCE 12. LEGISLATIVE REPORT COUNCIL CHOICE 13. COUNCIL DISCUSSION ITEMS 14. CLAIMS AND PAYROLLS 15. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. CITY OF RICHFIELD, MINNESOTA Council Letter No. 12 Agenda January 12, 1998 Issue Statement: Designation of Council liaison appointments for 1998. Background: Members of the City Council serve as the City's representative on various metropolitan agencies and the City's Commissions. Each year, the Council appoints Council Members to serve on the various agencies. Recommended Motion: Designate representatives for the various boards and agencies. Basis of Recommendation: The City needs representation on these boards and agencies. Alternative Recommendation: Defer the designations until a future Council meeting. Discussion/Decision Mode: This item has been placed on the January 12, 1998 Council agenda for consideration. Respectfully submitted, Jam Ins D. Prosser City Manager JDP:cak 17-,? AGENCY 1997 LIAISON 1998 LIAISON ASSOC. METRO MUNICIPALITIES RUSS SUSAG, REP. JIM PROSSER, ALT. SOUTHWEST CABLE COMMISSION KRISTAL STOKES, DIR. JIM PROSSER, DIR. MIKE SANDAHL, ALT. STEVE DEVICH, ALT. NOISE MICHAEL SANDAHL, REP. RUSS SUSAG, ALT. LEAGUE OF MINNESOTA CITIES MARTIN KIRSCH, REP. JAMES PROSSER, ALT. MASAC KRISTAL STOKES, REP. DAWN WEITZEL, REP. MICHAEL SANDAHL, ALT. JAMES PROSSER, ALT. RICHFIELD SCHOOL DISTRICT SUSAN ROSENBERG, REP. RUSS SUSAG, ALT. STOREFRONTNOUTH ACTION PUBLIC SAFETY DIR., LIA. SUSAN ROSENBERG, ALT. ADVISORY BOARD OF HEALTH MARTIN KIRSCH, LIA. SUSAN ROSENBERG, ALT. COMM. SERVICES COMMISSION SUSAN ROSENBERG, LIA. KRISTAL STOKES, ALT. HUMAN RIGHTS COMMISSION RUSS SUSAG, LIA. MIKE SANDAHL, ALT. PLANNING COMMISSION MARTIN KIRSCH, LIA. RUSS SUSAG, ALT. FRIENDSHIP CITY COMMISSION MARTIN KIRSCH, LIA. KRISTAL STOKES, ALT. RICHFIELD COMMUNITY HUMAN SUSAN ROSENBERG, REP. SERVICES PLANNING COUNCIL KRISTAL STOKES, ALT 9 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 11 Agenda January 12, 1998 Issue Statement: Consideration of a resolution approving the 1998 human service agency funding recommendations and authorizing the City Manager to execute agreements for service with those agencies funded by the City. Background: The Richfield Community Human Services Planning Commission (RCHSPC) used the following criteria and principles as it considered funding for 1998. Two funding criteria were: 1. Starting in 1997 a two-year funding cycle was initiated. This criteria was approved by the City Council on January 8, 1996, The intent is to consider funding agencies for two years based on presented goals and objectives. The second year of funding will be contingent upon funded agencies submitting reports concerning performance and the availability of funds. 2. Applying a "pooling of funds" concept means that currently funded agencies will not • be guaranteed annual City Social Service Grants. As community needs change, the RCHSPC will assume the responsibility to follow emerging community needs and recommend changes to funded agencies and services or redirect City funds to other service providers. Four funding principles are: 1. Services to families and children. 2. Services to vulnerable/home bound elderly. 3. Youth at risk. 4. Prevention/early intervention Grant applications received totaled $124,849. The amount available in the 1998 City budget is $107,060. The RCHSPC interviewed applicant agencies on November 17, 1997. Recommended Motion: Approve the resolution providing funding of certain human service agencies in the following amounts: 1 ? I i 1998 RCHSPC Funding 1996 Actual 1997 Actual Recommended Priori Storefront/Youth $60,570 $61,000 $61,000 1, 3, 4 Action Cornerstone $10,000 $10,000 $12,500 1, 3, 4 ** (Intervention) Senior Community $7,000 $7,880 $8,320 2 Services VEAP $4,000 $4,000 $4,000 2 Cornerstone (Adv. $2,390 $2,500 ** 2 & Sen. Supp.) LSS Share-A- $1,000 $1,200 $1,200 1,2 Home YouthNet $1,000 $1,000 1, 3, 4 • Senior Linkage $800 Line • SHeRPA $17,865 $18,400 $19,040* TOTAL: $103,625 $105,980 $107,060*** *This grant to SHeRPA is a City Council/Administration allocation. It is included only to indicate the City's total social service funding. **For 1998, funding is combined to cover Intervention, Advocacy & Senior Support. ***Total amount requested was $124,849. Basis of Recommendation: 1. All funding recommendations meet the Funding Principles (priorities) established by the RCHSPC for 1998 social service funding. 2. All agencies are making noticeable efforts in collaborating and working with other providers to provide more efficient and effective human services. 3. Four of the agencies have signed Memorandums of Understanding (MOU's) with the South Hennepin Family Support Network (Senior Community Services, 9,0- • Storefront/Youth Action, VEAP and Cornerstone) and are active in supporting the Richfield Community Resource Center. 4. would be the second year of the two-year funding cycle and pooling of funds. This concept still needs further refinement. At a minimum it provides the RCHSPC the framework within which to make funding decisions in the future. Alternative Recommendation: 1. Reject the recommendations of the RCHSPC. The City Council could then make their own decisions. Discussion/Decision Mode: This item has been placed in the Presentation Section of the January 12, 1998 City Council agenda. Members of the RCHSPC will be present to respond to any questions from the Council Respectfully submitted, Jame . Prosser City Manager is JDP:ds 0 9-3 • • RESOLUTION NO. RESOLUTION AUTHORIZING A REVISION OF THE 1998 BUDGET FOR OTHER AGENCIES DIVISION WHEREAS, the City Council adopted the 1998 budget document on December 8,1997 appropriating funds for personal services and other expenses and capital outlays for each department of the City for the year 1998; and WHEREAS, the City Manager has requested revision of the 1998 budget appropriation in accordance with Charter provisions for determining the specific allocation of $88,020 of unallocated funds for the Legislative Department--Other Agencies Division of the General Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield as follows: Lutheran Social Services Senior Community Services Storefront/Youth Action VEAP Cornerstone YouthNet $1,200 $8,320 $61,000 $4,000 $12,500 $1,000 TOTAL $88,020 BE IT FURTHER RESOLVED that the City Manager be authorized to execute contractual agreements with the above-named agencies summarizing services to be provided to Richfield residents. PASSED by the City Council of the City of Richfield this 12th day of January, 1998. ATTEST: Thomas P. Ferber, City Clerk Martin J. Kirsch, Mayor 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. io Agenda January 12, 1998 Issue Statement: Public hearing regarding renewal of a 1998 Pawnbroker and Secondhand Goods Dealer license for Plaza Pawn, 6414 Nicollet Avenue. Background: On November 12, 1997, the City received the application and other required -documents for the Pawnbroker and Secondhand Goods Dealer license for Plaza Pawn. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Dorothy Krieger is the owner of this establishment, and Hal Krieger is the manager. They have no known criminal records. • Ms. Krieger holds a Federal Firearms License - U.S. Treasury, Bureau of Tobacco, Alcohol and Firearms, and has a City Firearms Dealer's License. • A copy of the Articles of Incorporation has been provided and is on file with the City. • The $1,500 bond will be submitted as soon as possible. From November 1996 through October of 1997, there were 10 Public Safety contacts with Plaza Pawn. This compares with 7 contacts for the previous year. A breakdown of these contacts is attached to this letter. Environmental Health staff has not received any complaints in 1997. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Public Safety staff is currently working on a significant revision to the pawnbroker ordinance which is expected to be completed at the end of February 1998. When the new ordinance is in place, any establishments currently licensed will be required to comply with the new ordinance within a six-month period of time. Pawnbroker businesses will be included in discussions on new ordinance development. Recommended Motion: Conduct the public hearing and approve the renewal of Pawnbroker and Secondhand Goods Dealer license for Plaza Pawn for 1998. 0 ?'I Basis of Recommendation: 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing with the exception of the submittal of their $1,500 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 12, 1998, the Council should consider the granting of the temporary license to allow the applicant to continue their pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Plaza Pawn's Pawnbroker and Secondhand Goods Dealer license has been scheduled for January 12, 1998. Their current license normally expires January 1, 1998; however, they have been granted an extension to that date. Therefore, if the Council decides to continue the hearing beyond January 12, 1998, any subsequent hearing should be held before the license expires. Respectfully submitted, Ja s D. Prosser City Manager JDP:ds • S'a PUBLIC SAFETY CONTACTS NOVEMBER 1996 THROUGH OCTOBER 1997 PLAZA PAWN 1996, 1997 Criminal Contacts 2 2 "Bar Type" (0) (0) Misc. Non-Criminal 5 8 Assists (2) (0) Traffic (0) (0) Inspections/Licensing (0) (1) Medical/Fire (0) (0) Alarm (3) (7) Total Contacts 7 10 The criminal contacts for 1997 were one burglary of business just occurred and one burglary of business in progress. (Numbers in parenthesis are included in total contact figures) r"'1 L? 1,7 • CITY OF RICHFIELD, MINNESOTA Council Letter No. 9 Agenda January 12, 1998 Issue Statement: Public hearing regarding issuance of a 1998 Pawnbroker and Secondhand Goods Dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Background: On December 31, 1997, the City received the application and other required documents for the Pawnbroker and Secondhand Goods Dealer license for Metro Pawn and Gun, Inc. The applicant has paid the required license fees. The Public Safety background investigation has been completed and reveals the following: • Mr. Mark Nichols is the owner of this establishment. He has no known criminal record. • Mr. Nichols also owns, with his wife, Metro Pawn and Jewelry located at 8820 Lyndale Avenue, Bloomington, MN. • Mr. Nichols holds a Federal Firearms License - U.S. Treasury Bureau of Tobacco, Alcohol, and Firearms, and has a City Firearms Dealer's License. • • A copy of the Articles of Incorporation has been provided and is on file with the City. • The $1,500 bond will be submitted as soon as it is received. From November 1996 through October of 1997, there were seven Public Safety contacts with Metro Pawn and Gun, Inc. A breakdown of these contacts is attached to this letter. Statistical information is only present for 1997 as Mr. Nichols purchased the business and became owner in 1997. Environmental Health staff has not received any complaints in 1997. The owner of the business continues to act in a cooperative manner with the Public Safety Department on the recovery of stolen articles. Public Safety staff is currently working on a significant revision to the pawnbroker ordinance which is expected to be completed at the end of February 1998. When the new ordinance is in place, any establishment currently licensed will be required to comply with the new ordinance within a six-month period of time. Pawnbroker businesses will be included in discussions on new ordinance development. Recommended Motion: Conduct the public hearing and approve the renewal of Pawnbroker and Secondhand • Goods Dealer license for Metro Pawn and Gun, Inc., 7529 Lyndale Avenue. Basis of Recommendation: • 1. The applicant has complied with all of the provisions of the City codes pertaining to pawnbroker and secondhand goods dealer licensing with the exception of the submittal of their $1,500 bond. 2. Based upon the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the license requested. Alternative Recommendation: 1. The Council could decide to continue the hearing; however, if the hearing is continued beyond January 12, 1998, the Council should consider the granting of the temporary license to allow the applicant to continue their pawnbroker and secondhand goods dealer business until the rescheduled hearing can be conducted. Discussion/Decision Mode: The public hearing to consider the request for the renewal of Metro Pawn and Gun, Inc.'s Pawnbroker and Secondhand Goods Dealer license has been scheduled for January 12, 1998. Their current license normally expires January 1, 1998; however, they have been granted an extension to that date. Therefore, if the Council decides to continue the hearing beyond January 12, 1998, any subsequent hearing should be held . before the license expires. Respectfully submitted, Ja D. Prosser City anager JDP:ds is • PUBLIC SAFETY CONTACTS NOVEMBER 1996 THROUGH OCTOBER 1997 METRO PAWN & GUN INC. Criminal Contacts "Bar Type" (Included in Crim. Contacts) Misc. Non-Criminal Assists Traffic Inspections/Licensing Medical/Fire Alarm Total Contacts 1997 4 (0) 3 (0) (1) (0) (1) (1) 7 The criminal contacts for 1997 were one warrant arrest, two weapon violation, and one theft delayed. (Numbers in parenthesis are included in total contact figures) ? 0 6 CITY OF RICHFIELD, MINNESOTA Council Letter No. 8 Agenda January 12, 1998 Issue Statement: Public hearing and second reading of an ordinance amendment to Section 521 of the Zoning Ordinance relating to the regulation of licensed and community based residential care facilities. Background: This spring, staff discovered that the City's Zoning Ordinance is in conflict with state law as it relates to licensed and community based residential care facilities, or group homes, for disabled persons. According to State Statute, programs serving from 7 to 16 persons must be located at least 1/4 mile apart from one another. State Statute does not, however, apply a separation requirement to programs serving six or fewer persons. The City's Zoning Ordinance currently imposes a 1/4 mile separation for programs serving six or fewer persons unless the program obtains a conditional use permit. The Attorney General ruled several years ago that cities cannot impose a stricter distance requirement on group homes than that imposed by state law. The City Attorney has recommended that the City make its ordinance consistent with state law. Along with changing the specific provision that came to the City's attention, staff has reviewed all provisions relating to licensed residential care facilities and, as a result, recommends that several provisions be changed. In the R (single family), R-1 (low density single family) and MR-1 (two family) districts, programs serving 6 or fewer persons would be permitted uses with no separation requirement applied. Group homes in the MR-2 and MR-3 (medium density and high density multi-family) districts would be treated the same as apartment buildings for non- handicapped people except that the 1/4 mile distance requirement would be applied to group homes. In the MR-2 district, apartment buildings with up to 8 units are permitted uses, and buildings with 9 to 25 units are conditional uses. In the MR-3 district, apartment buildings with up to 20 units are permitted uses, and buildings with more than 20 units are conditional uses. Recommended Motion: Conduct a public hearing and hold second reading on an amendment to Section 521 of the Zoning Ordinance relating to community based and licensed residential care facilities. 0 VI Basis of Recommendation: • 1. The City's Zoning Ordinance imposes stricter requirements on group homes than those imposed by state law; the Attorney General has ruled that cities cannot impose stricter requirements. 2. The City Attorney has advised that the existing ordinance is unenforceable and should be amended. 3. State Statute and federal law provide guidelines for regulating group homes, and the City's Zoning Ordinance should be consistent with these laws. 4. The City is required by state and federal laws to treat housing for handicapped people the same way it treats housing for non-handicapped people. The proposed ordinance changes would enable the City to comply with these laws. 5. Consistent with state law, the 1/4 mile distance requirement between programs serving 6 or fewer persons would be removed. The 1/4 mile distance requirement would be applied to programs serving more than 6 persons. 6. Notice of the public hearing was published in the Sun Current. 7. On November 25, 1997 the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Approve the amendment with revisions. 2. Deny the amendment. Discussion/Decision Mode: A public hearing is scheduled for 7:00 p.m. on January 12, 1998 in the Council Chambers, Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, Jame . Prosser city nager JDP:ds 0 BILL NO. AMENDMENT TO SECTION 521 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: A. Section 521 of Appendix B of the Richfield City Code entitled "Zoning: Residential Districts" is hereby amended in the following way: 1. Subsection 521.03, subd. 3, is hereby amended to read as follows: 521.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R District. Subd. 3. Licensed residential care facilities or community based residential care facilities serving six or fewer persons this -cede. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. II. Subsection 521.07, subd. 2, is hereby amended to read as follows: 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. fasain ins - M er-FAeFe-per fes+tifies- whie i-aFe1esate? whth?m 1.14 "File of aRetheF GW"h facility. Gaye faealitier, lens+erl v.fithii; the R Di"triG+ ?--Biet?isf- III. Subsection 521.19, subd. 3, is hereby amended to read as follows: 521.19. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R-1 District. Subd. 3. Licensed residential care facilities or community based residential care facilities serving six or fewer persons . thissede. Care facilities located within the R-1 District shall be subject to the same zoning regulations as single family dwellings in the R-1 District. t?-3 0 IV. Subsection 521.23, subd. 2, is hereby amended to read as follows: 521.23. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R-1 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. withiR U4 mole of . Rether. sursh faGility. Gage faeilitier, le Gate l Within the R_1 PiStFiGt shall be r,,Wbjer-,t- t-R- t-hte same ZE)RORO FegulatiGRG ae, single family dwell"Rgs 0R the Rr 4 PistriRt V. Subsection 521.39, subd. 4, is hereby amended to read as follows: 521.39. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-1 District. Subd. 4. Licensed residential care facilities or community based residential care facilities serving six or fewer persons ef-this -sere. Care facilities located in the MR-1 District shall be subject to the same zoning regulations as two family dwellings in the MR-1 District. VI. Subsection 521.43, subd. 2, is hereby amended to read as follows: 521.43. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-1 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. MAthi^ 11I mile of aReth rr G61Gh iilita /mare facilities lerated within_the_MR 1 the BAR 4 PiGtriGt VII. Subsection 521.61, subd. 4, is hereby amended to read as follows: 521.61. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-2 District. ?'q Subd. 4. Licensed residential care facilities or community based residential care facilities with eight or fewer units, provided such facilities serving more than six persons are not located within 1/4 mile of another such facility. Care facilities located in the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the MR-2 District. VIII. Subsection 521.65, subd. 3, is hereby amended to read as follows: 521.65. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-2 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 3. Licensed residential care facilities or community based residential care facilities with nine to 25 units, provided they are not located within 1/4 mile of another such facility , Care facilities located within the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the R-1 District. IX. Subsection 521.81, subd. 3, is hereby amended to read as follows: 521.81. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-3 District. FR -qzrr Subd. 4. Licensed residential care facilities or communitv based residential care facilities with 20 or fewer units, provided such facilities serving more than 6 persons are not located within 1/4 mile of another such facility. Care facilities shall have the same zonina reauirements as multi-familv dwellings in the MR-3 District. X. Subsection 521.85, subd. 3, is hereby amended to read as follows: 521.85. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-3 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. 0,5 Subd. 3. Licensed residential care facilities or community based residential care facilities with more than 20 units , provided such el 6-811 facility is not alocated within 1/4 mile of another such facility. Care facilities located within the MR-3 District shall be subject to the same zoning regulations as two family dwellings in the MR-3 District. Passed by the City Council of the City of Richfield, Minnesota this day of '1998. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 5E_ CITY OF RICHFIELD, MINNESOTA • Council Letter No. 7 Agenda January 12, 1998 Issue Statement: Award of contract for replacement of fire rescue engine and equipment per specifications, Bid No. 97-13; and rejection of bid from Luverne Fire Apparatus Company, Ltd. Background: The expected life of fire apparatus is about 20 years. To spread the financial impact of purchasing new equipment out, apparatus are scheduled for replacement about once every five years. From bid award to delivery typically takes up to 1-1/2 years. The latest fire rescue pumper was delivered in 1993. Engine 82, a 1978 Ford/General Safety, will be fully depreciated in 1999. Staff evaluated the status of the fire apparatus fleet and recommends that although Engine 82 is due for replacement in 1999, it would be preferable to instead replace Engine 84, a 1981 Ford/3D, at this time due to factors including Engine 82's better maneuverability and condition. Engine 82 would then be kept until 2002 when Engine 84 would have been fully depreciated. A task force comprised of fire line and staff personnel prepared specifications. The specifications and requests for bid were advertised and mailed to 10 vendors. Bids were received on Monday,. December 15, 1997 from three vendors: Toyne, Inc.; Luverne Fire Apparatus Co., Ltd.; and General Safety Equipment. Luverne Fire Apparatus Co., Ltd. did not meet the specifications, and staff is requesting Council reject their bid. Toyne, Inc. Luverne, Inc. General Safety Equip. *Apparatus and Equipment $201,920 $211,931 $225,474 *Option 1 trade-in allowance (28,000) (20,000) (25,500) *Option 2 limited slip differential 468 470 1,428 Option 3 aluminum doors (1,500) (1,925) (854) *Option 4 booster reel 900 550 1,390 Option 5 rear water intake 1.500 4.100 1.454 Total of (*) recommended $175,288 $192,951 $202,792 bid items The task force reviewed the prop osals and references of area fire departments for which both vendors had previous ly built fire apparatus. Members of the task force • inspected trucks from both manufacturers and found no negative factors about either. '5e-1 Within the Central Garage fund there is a reserve fund balance for the purchase of a new fire truck. The balance of this reserve as of December 31, 1997 is approximately $190,000. Of this reserve, $90,000 will be utilized in 1998 and the balance in 1999 when the purchase of the truck is completed. Recommended Motion: Accept the bid minutes/tabulation, reject the bid submitted by Luverne Fire Apparatus Co., Ltd. because it does not meet specification, and award a contract to Toyne Inc., out of Breda, Iowa, to build one 1998 Fire Rescue Engine and Equipment with Options 1, 2 and 4 according to Richfield specifications with exceptions as noted for a total of $175,288. Basis of Recommendation: 1. This is scheduled apparatus replacement. 2. Toyne, Inc. submitted the lowest bid and will comply with staff specifications. 3. The chassis will be purchased in 1998 and final payment will be budgeted in 1999 because it takes over a year to build one of these vehicles. 4. The motor pool and fire truck replacement funds have adequate funds for this purchase. • Alternative Recommendation: Council may choose not to accept any of the bids and request staff re-bid this apparatus. However, staff does not believe better prices can be obtained from a reputable manufacturer. In any event, the December 15, 1997 bid from Luverne Fire Apparatus Co., Ltd. should not be selected because it does not meet specifications. Discussion/Decision Mode: Staff is requesting approval at the January 12, 1998 Council meeting in order to facilitate timely construction of the new apparatus. Respectfully submitted, Ja D. Prosser City Manager JDP:cak 0 r? ?J CITY OF RICHFIELD, MINNESOTA Bid Opening December 15, 1997 11:00 a.m. Purchase of one new Fire Rescue Engine Bid No. 97-13 5e-C;L Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Thomas P. Ferber, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for purchase of one new fire rescue engine, Bid No. 97-13, as advertised in the official newspaper on November 19, 1997. Present: Thomas Ferber, City Clerk Dan Scott, Public Safety Director Cheryl Krumholz, City Manager Representative Roxi Braa, Administrative Aide E Toyne, Inc. I 10% Bid Bond I $201,920.00 I $28,000.00 credit The following bids were submitted and read aloud: Breda. Iowa Luverne Fire Appartus, 5% Bid Bond $211,931.00 $20,000.00 credit Company LTD Brandon, South Dakota General Safety Equipment I 5% Bid Bond I $225,474.00 I $25,500.00 credit Wyoming, Minnesota The City Clerk announced that the bids would be tabulated and considered at the January 12, 1998 City Council Meeting. Thomas P. Ferber City Clerk 0 5b CITY OF RICHFIELD, MINNESOTA Council Letter No. 6 Agenda January 12, 1998 Issue Statement: Consideration of removal of stop signs at 64th Street and Standish Avenue. Background: The New Ford Town area, which includes the 64th Street and Standish Avenue intersection, has been designated for future airport expansion. This area included 340 homes which were either purchased and removed, or demolished. This buyout was conducted by the Metropolitan Airport Commission (MAC). Over time, traffic on 64th Street has declined as homes have been evacuated. The City Engineering staff is recommending the removal of the four-way stop signs on 64th Street at Standish Avenue. According to the City's Stop Sign Policy, the City Council must approve the removal of stop signs on City streets. Two-way stop signs will continue to control traffic on 64th Street until the MAC removes all existing roads in the New Ford Town area. Both Standish Avenue and 64th Street are scheduled for street vacation on January 20, 1998 meaning the City will no longer be responsible for maintaining either road. No date has been set by the MAC to remove the pavement from vacated streets in the New Ford Town area. One remaining resident living at the corner of 64th Street and Standish Avenue was scheduled to vacate his property by the end of 1997. Recommended Motion: Remove stop signs on Standish Avenue at 64th Street while leaving two-way stop signs to control traffic on 64th Street. Basis of Recommendation: 1. Traffic on 64th Street has dropped to practically nothing since all the houses have been purchased and removed. 2. The absence of traffic on 64th Street eliminates the need for stop signs on Standish Avenue at 64th Street. 3. Unwarranted stop signs are frequently violated as motorists perform a rolling stop instead of a complete stop. Before motorists on Standish Avenue proceed to enter the intersection, they are forced to wait until vehicles on 64th Street make a complete stop. City staff believes that unwarranted stop signs introduce accidents. . 4. According to the City's Stop Sign Policy, two-way stop signs will control traffic on a local street that intersects a collector or minor arterial street. In this case, two-way 5D • stop signs should remain to control traffic on 64th Street until all the streets are removed by the MAC. Alternative Recommendation: Do not remove the four-way stop signs. Discussion/Decision Mode: This item is scheduled for the January 12, 1998 City Council Meeting. City staff will be present to answer questions and concerns. Respectfully submitted, Jam Prosser City anager JDP:ds 0 0 5C CITY OF RICHFIELD, MINNESOTA Council Letter No. 5 Agenda January 12, 1998 Issue Statement: Consideration of increase in Wood Lake dredging contract to raise path along west side of Wood Lake Nature Center. Background: The paths along the west side of Wood Lake are lower in elevation than the other paths at Wood Lake Nature Center and, therefore, are more susceptible to flooding. In order to reduce this flooding risk, staff asked WSB and Associates, hydrologic consultants to the City, to devise a plan to raise the westerly path to an elevation higher than the outlet elevation. This change, if implemented, would keep the path serviceable during all but the highest flood conditions. Combining the effect of increasing the path elevation with the in-place outlet from Wood Lake also means that on those few occasions when flooding occurs, the impact on the walking path will be of significantly shorter duration. If approved, the work of increasing the path elevation will be added to the current Wood Lake dredging project and will be completed this winter or early spring of 1998. The cost for this path improvement is estimated at $25,000 including added engineering costs. This project is being funded through Municipal State Aid (gas tax) funds. Recommended Motion: Authorize staff to amend the existing contract for dredging Wood Lake to include raising the westerly walking path by up to two feet. Basis of Recommendation: 1. The Wood Lake Nature Center is a highly prized and much used asset of the City of Richfield. The westerly walking path is an integral part of the benefits provided by the Nature Center. In its current configuration the path is unusable much of the year due to water standing on the path. 2. The current path elevation is lower than the outlet elevation of Wood Lake and is therefore too low to keep the path in useable condition for many days or even weeks after a medium to large rainfall event. Increasing the path elevation will keep the path useable except for very heavy rainfalls, and then it will be inundated for only a short time. 3. The elevation of the outlet to Wood Lake was established by the Minnesota Department of Natural Resources and cannot be lowered to accommodate the path at its current elevation. 0 5C-4 4. Funds for this improvement are available through Richfield's Municipal State Aid construction account and may be accessed by adding it to the Wood Lake dredging project. Alternative Recommendation: Council could direct staff to not proceed with this improvement; however, the path in question will remain unusable throughout much of the year. Discussion/Decision Mode: Staff requests that Council consider this item at its regular meeting of January 12, 1998. Respectfully submitted, Jam . Prosser City anager JDP:ds 0 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 4 Agenda January 12, 1998 Issue Statement: Consideration of a resolution invoking rules regarding Council Member attendance at Council meetings. Background: Richfield City Code Subsection 205.15 establishes rules for attendance at Council meetings, the operation of which may be invoked by resolution of the Council. Subsection 205.15 provides that, when invoked, the rules are effective only for the calendar year in which the resolution is adopted. The City Council Members have requested that a proposed resolution to invoke the rules for calendar year 1998 be considered at the January 12, 1998 meeting. The proposed resolution restates the rules provided in Subsection 205.15 and establishes fines for unexcused absences from regular and special business meetings of the Council. Subsection 205.15 allows a fine of up to $75 per unexcused absence for Council Members and up to $100 per unexcused absence for the Mayor. The proposed resolution provides for fines of $25 and $50, respectively, for the Council Members and Mayor. No fine is recommended for unexcused absences from special meetings called for informational or ceremonial purposes. Recommended Motion: Consider the proposed resolution of rules invoking rules regarding Council Member attendance at Council meetings for calendar year 1998. Basis of Recommendation: 1. The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. 2. Council Members have requested that this matter be placed on the agenda for consideration at the January 12, 1998 meeting. Alternative Recommendation: The Council Members may consider a number of alternatives including the following: 1. Increasing or decreasing the fine, within the limits allowed by the Richfield City Code. 2. Eliminating the fine. 3. Imposing a fine for unexcused absences from special informational or special ceremonial meetings. Discussion/Decision Mode: This item is placed on the January 12, 1998 City Council meeting agenda for consideration. Respectfully submitted, Jame . Prosser City Manager JDP:cak RESOLUTION NO.v RESOLUTION REGARDING ATTENDANCE . BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.03 of the Richfield City Code establishes rules for attendance at Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 1998: 1. A member of the Council may not be absent from any regular or duly called special meeting unless excused by a majority of the Council. Regular meetings are those defined as in Section 205.01 of the Richfield City Code. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) Special business meetings: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council. b) Special informational meetings: Special meetings called for the City Council to receive information or to participate in discussion but where no official action of the City Council is taken. c) Special ceremonial meetings: Special meetings called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Notices of special meetings shall be deemed properly addressed if addressed to the address shown on the member's voter registration. 3. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. '°Z4. At the beginning of each regular, special business or special informational mee-fing, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or unexcusable. 5. For each unexcused absence from a regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of $50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. No fine shall be imposed for an unexcused absence from a special informational or special ceremonial meeting. 6. This resolution remains in effect until December 31, 1998 unless revoked prior to that date by resolution of the Council. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of January, 1998. Martin J. Kirsch, Mayor ATTEST: • Thomas P. Ferber, City Clerk 0 sr? CITY OF RICHFIELD, MINNESOTA Council Letter No. 3 Agenda January 12, 1998 Issue Statement: Council designation of Mayor Pro Tempore for 1998. Background: It is necessary to designate a Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. Past Mayor Pro Tempores include: 1997 Mike Sandahl 1996 Mike Sandahl 1995 Mike Sandahl Recommended Motion: Designate a Council Member to serve as Mayor Pro Tempore for 1998. Basis of Recommendation: This appointment is necessary to ensure continuation of City operations during an absence of the Mayor. Alternative Recommendation: Defer this appointment to a later Council meeting. Discussion/Decision Mode: This item has been placed on the January 12, 1998 Council agenda for consideration. Respectfully submitted, Ja s D. Prosser City Manager JDP:cak 6 C)- CITY OF RICHFIELD, MINNESOTA Council Letter No. 2 Agenda January 12, 1998 Issue Statement: Council consideration of abandoning the (Veterans Memorial Park of Richfield) Veterans Park/Water Plant site as a location for the Public Works Maintenance Facility. Background: City staff is recommending that the City abandon efforts to locate a new Public Works Facility at the Veterans Park/Water Plant site. Despite the best efforts to inform the general public of the proposed construction, significant opposition to the site has developed since the start of site clearance. Alternative sites will be considered at a future City Council meeting. Recommended Motion: Abandon the Veterans Park/Water Plant site as a location for the Public Works Maintenance Facility. Basis of Recommendation: Due to opposition to the site by the adjacent neighborhood, staff has decided not to develop this site. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for Council action at the January 12, 1998 meeting. Resp tfully submitted, ga D . Prosser nager JDP:cak 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 1 Agenda January 12, 1998 Issue Statement: Presentation of recognition award to Police Officer Lisa Petricka of the Richfield Public Safety Department. Background: On December 14, 1997 Officer Lisa Petricka responded to a call of gunshots being fired in the area of 77th street and 12th Avenue. Officer Petricka confronted a suspect armed with a handgun. The handgun was cocked and a round chambered. Officer Petricka drew her weapon and ordered the suspect drop the gun. The suspect did not comply, but instead made a furtive movement with the gun. Following additional commands, the suspect finally dropped the gun. Officer Petricka could have justifiably shot the suspect but her restraint and judgment prevented the suspect from being injured or killed. Recommended Motion: Present Certificate of Commendation to Police Officerlisa Petricka. Basis of Recommendation: 1. The presentation of this award will serve to increase public awareness of quality services by City employees. 2. The employee is deserving of recognition. Alternative Recommendation: 1. None. Discussion/Decision Mode: The Mayor and City Council and the Director of Public Safety will present the certificate to the Officer Petricka. Respectfully submitted, Ja es D. Prosser City Manager JDP:ds • rl January 12,1998 Richfield Public Safety 6700 Portland Avenue E Richfield, Minnesota 55423-2599 City Manager Mayor James D. Prosser Martin J. Kirsch Officer Lisa Petricka Department of Public Safety 6700 Portland Avenue South Richfield, MN 55423 Dear Lisa: Council Susan Rosenberg Kristal Stokes Michael Sandahl Russ Susag On December 14, 1997 you were dispatched to the area of 77th Street and 12th Avenue on a report of gun shots being fired. Dispatch advised that the suspect was at a pay phone at the Phillips 66 gas station and was holding a weapon in his hand while talking on the telephone. Upon your arrival, you observed the suspect talking on the outside pay phone at the gas station. The suspect had his back toward you and did not see you arrive. Using your vehicle as cover, you drew your weapon and had two innocent bystanders get to safety before ordering the suspect to put his hands in the air. Upon hearing your commands, the suspect hung up the phone and turned to face you. As he turned, you observed the handgun in his right hand. You ordered him to drop the gun or you would shoot. Instead of dropping the gun, the suspect moved the gun towards the telephone and tried to conceal it behind the phone. Once again you ordered the suspect to drop the gun or you would shoot. At this point the suspect did drop the gun and raised his hands over his head. The suspect was then secured and taken into custody. Recovery of the gun indicated that it was cocked and a bullet was chambered. This situation could have justified the use of deadly force. However, because of your restraint, good judgment and patience the suspect was subdued without incident. Your actions and judgment prevented loss of life or serious injury to the suspect. For your actions in this situation you are being awarded a Department Commendation. Congratulations! Sincerely, an cott? is Director of Public Safety Non-emergency (24 hr.) (612)861-9800 The Urban Hometown General City Matters (612861-9700 An Equal pportunity Employer POUCEIRRE/EMERGENCY DiAL 911 t H W U. Q Cf) U J Om J ? W a U =LL ?VO W H a W O a Y .s U W a ?. a J s x .s a? a? N 4v ' Q • Z -13 /-o2- A A S 0 m