052416 Complete Agenda SPECIAL CONCURRENT CITY COUNCIL, HRA AND PLANNING COMMISSION WORKSESSION
RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM
MAY 24, 2016
6:00 PM
Call to order
1. Discussion regarding Cedar Corridor Master Plan update. (Council Memo No.34/HRA Memo No. 14)
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9738.
REGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
MAY 24, 2016
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum(15 minutes ma)imum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address
the Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the minutes of the (1)Special City Council Worksession of May 10,2016;and (2)Regular City Council
Meeting of May 10,2016.
PRESENTATIONS
1. Receipt of the City of Richfield Comprehensive Annual Financial Report(CAFR)for the fiscal year ended
December 31,2015.
Staff Report No.79
2. Presentation regarding the Hennepin County Veterans'Service Office.
3. Presentation regarding the Memorial Day Ceremony at Veterans Memorial Park.
4. Update from Colleen Carey, President of The Cornerstone Group, regarding the Lyndale Garden Center.
COUNCIL DISCUSSION
5. • Schedule commission applicant interviews in July
• Hats off to Hometown Hits
AGENDAAPPROVAL
6. Approval of the agenda.
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 on these items 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 the approval of a resolution approving a four-month interim use permit to allow temporary
vehicle inventory storage on vacant former Lyndale Garden Center property.
Staff Report No.80
B. Consideration of the approval of a resolution reprogramming 2015 Community Development Block Grant
funds from the Penn Avenue Streetscape Program to the Deferred Loan Program and authorizing execution
of any required agreements with Hennepin County.
Staff Report No.81
8. Consideration of items, if any, removed from Consent Calendar
CITY MANAGER'S REPORT
9. City Manager's Report
CLAIMS AND PAYROLLS
10. Claims and payrolls
Open forum(15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda.Individuals who wish to address
the Council must have registered prior to the meeting.
11. Adjournment
Auxiliary aids for individuals with disabilities are available upon request.Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 19, 2016
Council Memorandum No. 34 HRA Memorandum No. 14
Housing and Redevelopment
The Honorable Mayor Authority Commissioners
and City of Richfield
Members of the City Council
Subject: Cedar Corridor Master Plan Update
(Worksession Agenda Item No. 1)
Council Members and Commissioners:
At the May 24, 2016 joint work session of the City Council, Housing and Redevelopment
Authority and Planning Commission, representatives from JLG Architects will present
preliminary Comprehensive Plan and Zoning District designation options for the Cedar
Corridor area. Feedback from the three policy bodies will be incorporated into draft
documents to be presented at a community open house scheduled for the evening of
June 1, 2016.
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Department Directors
CITY COUNCIL MINUTES
Richfield, Minnesota
J Special City Council Worksession
May 10, 2016
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:00 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Pat Elliott; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Jay
Henthorne, Public Safety Director; Jim Topitzhofer, Recreation Services
Director; Jeff Pearson, City Engineer; and Cheryl Krumholz, Executive
Coordinator.
Item #1 DISCUSSION REGARDING THE RICHFIELD BAND SHELL (COUNCIL MEMO NO.
27)
Recreation Services Director Topitzhofer provided an update on the Richfield band shell in
Veterans Memorial Park, including results of soil testing at the proposed new location for the facility
nearer to the Ice Arena and preliminary cost estimates. He stated he was not confident the project
could be done with the current funding.
David Butler, representing Friends of the Band Shell, explained a new fund drive approach is
ready to kick-off that will engage the whole community with the goal of$30,000 by July 12, 2016. He
stated the construction manager indicated that amount would be enough to see the project through.
Item #2 DISCUSSION REGARDING THE 77TH STREET UNDERPASS (COUNCIL MEMO
NO. 26)
City Engineer Pearson presented an additional alignment alternative for the future Richfield
Parkway/Cedar Avenue connection to 77th Street, including impacts to Washington Park. He stated
this alignment allows for the future alignment with 18th Avenue while eliminating the need for a bridge
on the Cedar Avenue frontage road and reducing right-of-way impacts.
Mr. Pearson stated an open house would be conducted with the area residents as it relates to
the future alignment with 18`h Avenue.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:27 p.m.
Special Worksession Minutes -2- May 10, 2016
Date Approved: May 24, 2016
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
May 10, 2016
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Pat Elliott; Edwina Garcia; and
Present: Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; Jay
Henthorne, Public Safety Director; Jim Topitzhofer, Recreation Services
Director; Mike Koob, Deputy Police Chief; Mary Tietjen, City Attorney; and
Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Susan Rosenberg, 6333 Sheridan Avenue, announced the May 14 Richfield Garden Club
plant sale at the Bartholomew House.
Constance Pepin, 4031 Zenith Avenue, Minneapolis, addressed the City Council regarding
impacts the proposed band shell in Veterans Memorial Park will have on birds and wildlife.
Kit Healy, 3224 McKinley St. NE, Minneapolis, Audubon Chapter of Minneapolis board
member, discussed the impacts of the proposed band shell on birds and other wildlife.
Steve LaVictorie, 4308-15th Avenue, Minneapolis, questioned the funding for the proposed
band shell.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Howard to approve the (1) Special City Council Worksession of April 26,
2016 and (2) Regular City Council Meeting of April 26, 2016.
Motion carried 5-0.
Item #1 PRESENTATION REGARDING NATIONAL PUBLIC WORKS WEEK
Council Meeting Minutes -2- May 10,2016
Public Works Director Asher made the presentation.
Item #2 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Jeff Schwarz, Met Council, provided an update on the Metropolitan Council storm sewer
project on 66th Street.
Council Member Fitzhenry announced Police Week, May 11-17, and Police Memorial Day,
May 15.
Council Member Garcia announced the upcoming city-wide garage sale and the opening of
the Farmer's Market. She also announced the Mayor's State of the City Address on May 19.
Item #3 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the agenda.
Motion carried 5-0.
Item #4 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing the City to affirm the
monetary limits on statutory municipality tort liability. S.R. No. 72
RESOLUTION NO. 11203
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04
This resolution appears as Resolution No. 11203.
B. Consideration of the approval of a request for a Temporary On Sale Intoxicating
Liquor license for the Minneapolis-Richfield American Legion Post#435, located at
6501 Portland Avenue South for their Bike Night Out event scheduled to take place
on June 15, 2016. S.R. No. 73
C. Consideration of the approval of a request for a new Therapeutic Massage
Enterprise license for Lily & The Lotus Massage and Bodywork, LLC, located at 1300
66th Street East#102. S.R. No. 74
D. Consideration of the approval of the Bureau of Criminal Apprehension's (BCA's)
Master Joint Powers Agreement (JPA) with Richfield Department of Public
Safety/Police for access to the Criminal Justice Data Communications Network
(CJDN) and the Court Data Services Subscriber Amendment to CJDN Subscriber
Agreement. S.R. No. 75
E. Consideration of the approval of a resolution approving a BCA Joint Powers
Agreement with the City of Richfield's Prosecuting Attorney for access to the Criminal
Justice Data Communications Network. S.R. No. 76
RESOLUTION NO. 11204
RESOLUTION AUTHORIZING APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF RICHFIELD ON BEHALF OF ITS CITY ATTORNEY
Council Meeting Minutes -3- May 10,2016
AND POLICE DEPARTMENT
This resolution appears as Resolution No. 11204.
F. Consideration of the approval of two resolutions supporting grant applications to the
Hennepin County Environmental Response Fund for contamination clean-up at the
Lyndale Gardens project site. S.R. No. 77
RESOLUTION NO. 11205
RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE FUNDS FOR THE LYNDALE GARDENS SHORELINE
DEVELOPMENT PROJECT
This resolution appears as Resolution No. 11205.
RESOLUTION NO. 11206
RESOLUTION SUPPORTING THE SUBMITTAL OF AN APPLICATION TO HENNEPIN COUNTY
FOR ENVIRONMENTAL RESPONSE FUNDS FOR THE LYNDALE GARDENS RESIDENTIAL
DEVELOPMENT PROJECT
This resolution appears as Resolution No. 11206.
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #6 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE
AMENDING CITY CODE SECTION 710.29 RELATED TO WATER USE
RESTRICTIONS AND A RESOLUTION AUTHORIZING SUMMARY
PUBLICATION S.R. NO. 78
Mayor Goettel presented Staff Report No. 78.
M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill No. 2016-11,
amending the Richfield City Code Section 710.29 related to water use restrictions, that it be
published in the official newspaper, and that it be made part of these minutes, and that the
following resolution be adopted and that they be made part of these minutes:
RESOLUTION NO. 11207
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO
SUBSECTION 710.29 OF THE RICHFIELD CITY CODE PERTAINING TO WATER USE
RESTRICTIONS
Motion carried 5-0. This resolution appears as Resolution No. 11207.
Council Meeting Minutes -4- May 10,2016
Item #7 CITY MANAGER'S REPORT
None.
Item #8 CLAIMS AND PAYROLLS
M/Garcia, S/Goettel that the following claims and payrolls be approved:
U.S. Bank 05/10/16
A/P Checks: 249531-249923 1,348,531.91
Payroll: 118705-119019, 42450-42451 $ 579,310.37
TOTAL $ 1,927,842.28
Motion carried 5-0.
OPEN FORUM
None.
Item #9 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 7:28 p.m.
Date Approved: May 24, 2016
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
AGENDA SEC-10N: PRESENTAnONS
AGENDA ITEM# 1.
STAFF REPORT NO. 79
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VN 5/24/2016
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
5/17/2016
ITEM FOR COUNCIL CONSIDERATION:
Receipt of the City of Richfield Comprehensive Annual Financial Report (CAFR) for the fiscal year
ended December 31, 2015.
EXECUTIVE SUMMARY:
As required by state law all general purpose local governments must be audited in accordance with U.S.
generally accepted auditing standards by a firm of licensed certified public accountants.
In addition, state law also requires that local governments publish within six months of the close of each fiscal
year a complete set of financial statements presented in conformance with U.S. generally accepted
accounting standards.
Accordingly, the City's auditing firm, BerganKDV, Ltd. has completed the annual audit of the City's financial
records and has issued an unqualified opinion on those records for the fiscal year ended December 31,
2015.
In addition, the financial statements will be published locally and submitted to the State of Minnesota and the
Government Finance Officers Association.
Therefore, staff presents to the City Council, the Comprehensive Annual Financial Report(CAFR) for fiscal
year ended December 31, 2015.
RECOMMENDED ACTION:
By Motion: Accept the Comprehensive Annual Financial Report of the City for the year ended
December 31, 2015.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The City's auditing firm, BerganKDV, Ltd. has completed the annual audit of the City's financial
records for the fiscal year ended December 31, 2015.
• As part of the audit, BerganKDV, Ltd. has issued an unqualified opinion on the City's financial
statements for the year ending December 31, 2015.
• A representative of BerganKDV, Ltd. will be present at the tonight's Council meeting to make a
brief presentation on the 2015 financial information and answer questions.
• In addition, the CAFR will be submitted to the State of Minnesota pursuant to State law and to the
Government Finance Officers Association for the Certificate of Achievement for Excellence in
Financial Reporting program.
B. POLICIES(resolutions,ordinances,regulations,statutes,etcy
• Action to be taken at the May 24, 2016 City Council meeting is the official receipt of the
December 31, 2014 City of Richfield Comprehensive Annual Financial Report by the City Council.
• The City's auditor has performed an audit of the City's financial records for the year ended
December 31, 2015 and prepared reports to the City Council concerning legal compliance and
internal controls.
C. CRITICAL TIMING ISSUES:
Action on this item is requested at the May 24, 2016 City Council meeting as there is a June 30, 2016
reporting deadline with the State of Minnesota.
D. FINANCIAL IMPACT:
N/A.
E. LEGAL CONSIDERATION:
• The CAFR will be submitted to the State of Minnesota, pursuant to State law.
• The CAFR will be published in the Sun Current the week of May 30, 2016.
ALTERNATIVE RECOMMENDATION(Sl:
The City Council could ask the auditors for further explanations of their findings at a future Study Session.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Caroline Stutsman, CPA, BerganKDV, Ltd.
ATTACHMENTS:
Description Type
D Council Memo No.31 Backup Material
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 19, 2016
Council Memorandum No. 31
The Honorable Mayor
and
Members of the City Council
Subject: 2015 Comprehensive Annual Financial Report
Council Members:
At the May 24, 2016 City Council meeting, Caroline Stutsman, a representative of the
City's audit firm BerganKDV, Ltd. will make a presentation on the 2015 Audit and the
2015 Comprehensive Annual Financial Report (CAFR). Included in your packet for the
May 24, 2016 meeting will be two reports; the 2015 Schedule of Expenditures of
Federal Awards and Independent Auditor's Reports and the 2015 Communications
Letter.
In addition, City Council members will be receiving the 2015 City Comprehensive
Annual Financial Report (CAFR), and the 2015 Housing and Redevelopment Authority
CAFR through an email to your individual email account.
Ms. Stutsman's presentation will concentrate on information contained in the 2015
Communications Letter; however she will touch briefly on the 2015 Schedule of
Expenditures of Federal Awards and Independent Auditor's Reports. Consequently,
Council may find it helpful to bring both of the reports to the meeting to have as a
reference to Ms. Stutsman's presentation.
Finally, subsequent to Ms. Stutsman's presentation, the City Council will be asked to
formally accept the Comprehensive Annual Financial Report (CAFR) for the year ended
2015.
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CITY OF RICHFIELD, MINNESOTA
Office of City Manager
May 19, 2016
Council Memorandum No. 37
The Honorable Mayor
and
Members of the City Council
Subject: Lyndale Gardens Project Update
(Agenda Item No. 4)
Council Members:
The land-use approvals for The Cornerstone Group (Developer), which owns the
Lyndale Gardens site expired in December 2015. The Developer, however, continues
to be intent on developing the site. As part of their development plans, several interim
steps are proposed in the near future, including conducting environmental remediation
on the site and beginning the construction of shoreline improvements in the area that is
identified as publicly accessible.
Colleen Carey from The Cornerstone Group will be attending the May 24, 2016 City
Council meeting to give an update of the status of the Lyndale Gardens development
project.
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Department Directors
AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 7.A.
STAFF REPORT NO. 80
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN 5/24/2016
REPORT PREPARED BY: Melissa Poehlman,City Planner
DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director
5/17/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
5/17/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution approving a four-month interim use permit to allow
temporary vehicle inventory storage on vacant former Lyndale Garden Center property.
EXECUTIVE SUMMARY:
Richfield-Bloomington Honda and Mitsubishi currently park inventory in the parking ramp at the Best Buy
headquarters. Approximately 600 vehicles are stored at the location. Last fall, Best Buy agreed to lease
office space to HealthPartners, who will soon move approximately 500 employees to the site. Inventory
storage will no longer be possible. While Honda and Mitsubishi work to prepare a permanent site for vehicle
storage, they are asking to temporarily park some of this inventory on the vacant Lyndale Gardens lots.
The Cornerstone Group continues to work toward redevelopment of this site and plans to present a new land
use application for this portion of the site in the near future. President Colleen Carey has stated that the site
would be available for parking for four months, with the potential for month-to-month extensions depending on
development progress.
Parking is not permitted as the primary use of a parcel. The applicant has requested an interim use permit in
order to alleviate an immediate, but temporary problem. Given the expressed short duration of the need and
the potential for redevelopment soon after, staff is recommending only minor clean-up, as opposed to paving
and striping. Staff would support this situation for up to four months. If an extension is requested, paving and
striping equal to what was done at the other Honda interim use permit site (south half of the former Public
Works Garage) will be required. Staff is recommending an allowance for one administrative extension of up to
six months with a requirement that the paving and striping be done before issuance of such an extension.
RECOMMENDED ACTION:
By Motion: Approve the resolution granting a four-month interim use permit for vehicle inventory
storage at approximately 6400 Lyndale Avenue.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Discussed in Executive Summary.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
• The purpose of an interim use permit is to allow a use that may not be compatible with the
Comprehensive Plan to operate for a limited period of time.
• The Council may waive ordinance provisions upon finding that the temporary nature of the interim
use will eliminate the adverse effects the provisions were intended to prevent. The Council must
find that the temporary nature of this permit makes the nonconforming use permissible at this time.
• In evaluating a request for an interim use permit, the Council must also consider its compliance
with the criteria described in Subsection 547.15 of the City Code. Findings are detailed in the
attached document.
C. CRITICAL TIMING ISSUES:
• The applicant needs to remove vehicles from the Best Buy ramp by the end of May. City staff has
worked to accelerate the processing of this application.
• A public hearing before the Planning Commission will be held the night before the Council Meeting
(May 23, 2016). This accelerated scheduling does not allow staff to incorporate any testimony
that may be received into this written report. Staff will report verbally to the Council, if necessary.
• 60-DAY RULE: The 60-day clock'started'when a complete application was received on May 10,
2016. A decision is required by July 6, 2016 OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a
decision.
D. FINANCIAL IMPACT:
• The required application processing fee has been paid.
• If the applicant requests an extension, annual monitoring fees will apply.
E. LEGAL CONSIDERATION:
• A public hearing was also held before the Planning Commission on May 23, 2016.
• Notice of the required public hearing was published in the Sun Current newspaper and mailed to
properties within 350 feet of the site.
• Staff will report on the public hearing and Planning Commission vote.
ALTERNATIVE RECOMMENDATION(B)LI
• Approve the attached resolution with modifications (timing or conditions).
• Deny the requests with findings that requirements are not met.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Richfield-Bloomington Honda/Mitsubishi Representative(s)
ATTACHMENTS:
Description Type
❑ Resolution Resolution Letter
❑ Site Plan Exhibit
❑ Consent Agreement Exhibit
❑ Planning &Zoning Maps Exhibit
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW TEMPORARY VEHICLE INVENTORY STORAGE
AT 6400 LYNDALE AVENUE SOUTH
WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to
guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist
in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City of Richfield which requests an
interim use permit to allow Richfield-Bloomington Honda/Mitsubishi (the "Applicant") to store
vehicle inventory at property legally described as follows:
Lots 1 & 2, Block 1, Lyndale Gardens Addition, Hennepin County, MN
WHEREAS, the Property is zoned Planned Mixed Use (PMU); and
WHEREAS, private parking lots are not permitted as a principal use of property in any
zoning district in the City; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
eliminates the adverse effects the prohibition was intended to prevent; and
WHEREAS, the Planning Commission held a public hearing on May 23, 2016 to review
the application for an interim use permit, following mailed and published notice as required by
law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested parties;
and has now concluded that the application is in compliance with all applicable standards and
can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The proposed interim use permit request meets all applicable conditions and restrictions
stated in Subsection 547.15 of the 2007 Zoning Ordinance except as follows:
The proposed interim use is not a permitted primary use within the City. In
accordance with Subsection 547.15 Subd. 3e the City Council finds that the
temporary nature of the interim use eliminates the detriment that a stand-alone
parking lot/automobile inventory storage lot will have to a mixed use area.
2. An interim use permit for Richfield-Bloomington Honda and Mitsubishi at the property
legally described above, as described in City Council Staff Report No. is
approved with the following conditions:
a. The property may be used for employee parking for no more than four months
without improvements to the lot(s).
b. The interim use permit will expire four months from its effective date (September
24, 2017), or upon violation of the conditions under which the permit was issued,
whichever occurs first.
c. The Community Development Director may issue one administrative extension of
this permit for up to six additional months. The granting of this extension will
require that the parking/storage areas be paved and striped. The annual
monitoring fee, as dictated by City Code, will apply to this extension.
d. The interim use permit shall be reviewed periodically by the City to ensure
compliance with the conditions set forth in this resolution.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
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CONSENT AGREEMENT
WHEREAS,on November 13,2007 the City Council of the City of Richfield adopted
Ordinance No. 2007-19,which establishes a framework for regulating temporary use of land
through the issuance of interim use permits;and
WHEREAS,Section 547.15 Subdivision 2 of this Ordinance requires an applicant for an
interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees
that the proposed interim use will not impose additional costs on the public if there is a future
need for public acquisition of the applicant's property through eminent domain,that the applicant
has no entitlement to future reapproval of the interim use permit and that the applicant will abide
by the conditions of approval that the City Council attaches to the interim use permit;
NOW,THEREFORE, Lyndale_Gardens LLC ,as the property owner and co-
applicant for an interim use permit for tempgrary vehicle inventor storae
(use of property)
at Lots 1 & 2 Block 1 L ndale Gardens Addition ,agree as follows:
(location)
1. If this application is approved by the Richfield City Council and an interim use
permit is issued,the interim use of the property will not impose additional costs on the City or
any other public entity if it is necessary to acquire the property or a portion thereof by eminent
domain after issuance of the interim use permit.
2. The applicant acknowledges that the proposed use is temporary and terminates
upon expiration of the interim use permit. The applicant has no legal or equitable right to future
reapproval of the interim use permit and must fiIe a new application for that purpose.
3. The applicant will comply with all conditions imposed by the City Council on the
interim use permit.
4. This Consent Agreement shall be binding on any owner,operator,tenant and/or
user of the property for which the interim use permit has been granted and the applicant is
authorized to sign this Consent Agreement on behalf of said owner,operator,tenant and/or user
of the property.
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App 'cant a(Applican(muAt be the Propert Owner)
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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AGENDA SEC-10N: CONSENT CALENDAR
AGENDA ITEM# 7.13.
STAFF REPORT NO. 81
..;f _.f_.. ..{ CITY COUNCIL MEETING
VN 5/24/2016
REPORT PREPARED BY: Julie Urban, Housing Specialist
DEPARTMENT DIRECTOR REVIEW: John Stark,Community Development Director
5/17/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
5/17/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution reprogramming 2015 Community Development Block
Grant funds from the Penn Avenue Streetscape Program to the Deferred Loan Program and
authorizing execution of any required agreements with Hennepin County.
EXECUTIVE SUMMARY:
The City received $241,584 in Community Development Block Grant(CDBG) funding from the federal
Department of Housing and Urban Development(HUD) in 2015. The City is proposing to reprogram$55,643
of the 2015 allocation from the Penn Avenue Streetscape Program to the Deferred Loan Program.
Activity Approved Budget Proposed Budget
Penn Avenue Streetscape Improvements $70,643 $15,000
Deferred Loan Program $40,514 $96,157
The Penn Avenue Streetscape Program provided new streetlights, banners, benches, and trash receptacles in
the Penn Avenue Corridor, from 62nd Street to 66th Street. To date, the City has used approximately
$110,000 of CDBG funds on the Penn Avenue Streetscape Program and there are additional expenditures of
$15,000 anticipated within the next few months to wrap up this program. Beyond this, there are no additional
CDBG-eligible expenditures identified for the Penn Avenue project; thus, the $55,643 in 2015 CDBG funds
are not needed.
The Deferred Loan Program provides no-interest 30-year loans up to$30,000 to low-income homeowners to
address health, safety and property maintenance needs. This program has been in existence since 1984 and
has been administered for the City by Hennepin County since 2006. There is currently a waiting list for the
program.
The 2015 Fiscal Year ends on June 30, 2016. The City has until this date to spend the funds. Allocating the
funds to the Deferred Loan Program meets this requirement.
RECOMMENDED ACTION:
By Motion: Approve a resolution authorizing the reprogramming of 2015 Community Development
Block Grant Program funds from the Penn Avenue Streetscape Program to the Deferred Loan Program
and authorizing execution of any required agreements with Hennepin County.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• In 2015, the City allocated $70,643 of its 2015 CDBG award to the Housing and Redevelopment
Authority (HRA) to make streetscape improvements to the Penn Avenue Corridor, between 62nd
and 66th Streets. Funds were also awarded to the Program in 2013 and 2014. Installation of the
improvements is nearing completion, and not all of the 2015 funds are needed to complete the
project.
• The Deferred Loan Program has successfully helped low-income homeowners maintain
their homes for over 30 years. The additional funds will allow Hennepin County staff to
begin serving those homeowners currently on the waiting list.
B. POLICIES(resolutions,ordinances,regulations,statutes,etch
• All funded activities must meet one of three national objectives: benefiting low and moderate-
income persons, preventing or eliminating slums and/or blight, or meet an urgent need. In
addition, activities must be consistent with priorities identified in the County's Consolidated Plan.
Those priorities include a variety of housing activities such as housing rehabilitation, public
services to maintain or increase self-sufficiency, and neighborhood revitalization activities.
• Under CDBG guidelines, decreasing the amount awarded to a project by greater than 50 percent
of the original budget constitutes a General Amendment, requiring a 15-day written comment
period. The comment period was open from April 24 through May 13, 2016. No written comments
were received.
C. CRITICAL TIMING ISSUES:
The 2015 Fiscal Year ends on June 30, 2016. The City has until this date to spend the funds. Allocating
the funds to the Deferred Loan Program meets this requirement.
D. FINANCIAL IMPACT:
• Sufficient funds remain in the activity budget to complete the streetscape improvements.
• These are Federal funds awarded to the City of Richfield through Hennepin County. Failure to
spend the funds by June 30, 2016, may require the City to return the funds to Hennepin County.
E. LEGAL CONSIDERATION:
None
ALTERNATIVE RECOMMENDATION(S):
Do not authorize the reprogramming, which will result in the funds being returned to Hennepin County.
PRINCIPAL PARTIES EXPECTED AT MEETING:
N/A
ATTACHMENTS:
Description Type
❑ Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION APPROVING REPROGRAMMING 2015 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND
AUTHORIZING EXECUTION OF ANY REQUIRED AGREEMENTS WITH HENNEPIN
COUNTY
WHEREAS, the City of Richfield, Minnesota, through execution of a Joint
Cooperation Agreement with Hennepin County, is participating in the Urban Hennepin
County Community Development Block Grant (CDBG) Program; and
WHEREAS, the City of Richfield adopted a proposal for the use of 2015 CDBG
funds made available to it; and
WHEREAS, the City of Richfield proposes to reprogram a portion of the 2015
CDBG awards from the Penn Avenue Streetscape Program to the Deferred Loan Program;
and
WHEREAS, the City held a public comment period from April 28, 2016 to May 13,
2016, to obtain the views of citizens on local and Urban Hennepin County housing and
community development needs and priorities for the City's proposed reprogramming of
$55,643 from the 2015 Urban Hennepin County CDBG Program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Richfield,
Minnesota as follows:
1. Approves the reprogramming of$55,643 from the 2015 Urban Hennepin
County Community Development Block Grant Program and authorizes submittal
of the proposal to Hennepin County.
Activity Approved Budget Proposed Budget Reprogrammed
Amount
1. Penn Avenue Streetscape $70,643 $15,000 - $55,643
Program
2. HRA Deferred Loan Program $40,514 $96,157 + $55,643
2. That the Mayor and City Council hereby authorize and direct the execution of
any agreements with Hennepin County.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of May,
2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth Van Hoose, City Clerk