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3-11-96 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, MARCH 11, 1996 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) REGULAR CITY COUNCIL MEETING OF FEBRUARY 26, 1996 AND (2) REGULAR CITY COUNCIL STUDY SESSION OF MARCH 4, 1996 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA PRESENTATION AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. CONSENT CALENDAR CONTAINS SEVERAL SEPARATE ITEMS WHICH ARE ACTED UPON BY THE CITY COUNCIL IN ONE MOTION. ONCE THE CONSENT CALENDAR HAS BEEN APPROVED, THE INDIVIDUAL ITEMS AND RECOMMENDED ACTIONS HAVE ALSO BEEN APPROVED. NO FURTHER COUNCIL ACTION IS NECESSARY. HOWEVER, ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR AND PLACED ON THE REGULAR AGENDA FOR COUNCIL DISCUSSION AND ACTION. ALL ITEMS LISTED ON THE CONSENT CALENDAR ARE RECOMMENDED FOR APPROVAL. A. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING FOR HUMBOLDT AVENUE STORM SEWER OF 77TH STREET PROJECT C.L. 64 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING CONSTRUCTION ENGINEERING AGREEMENT WITH BRW, INC. FOR SUPERVISING INSPECTION OF PHASE II LANDSCAPE CONTRACT FOR 77TH STREET PROJECT C.L. 65 C. CONSIDERATION OF APPROVAL OF HIRING WSB & ASSOCIATES, INC. AS ENGINEERING CONSULTANT TO DESIGN 76TH STREET WEST OF 1-35W PROJECT C.L. 66 D. CONSIDERATION OF APPROVAL OF HIRING BRW, INC. AS CONSULTANT TO PERFORM STUDY TO DOWNSIZE 76TH STREET EAST OF 1-35W C.L. 67 E. CONSIDERATION OF APPROVAL OF REJECTION OF BIDS FOR NEW BRUSH CHIPPER C.L. 68 F. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 FOR PERSONAL COMPUTER EQUIPMENT FOR FINANCE DIVISION FROM UNIQUE SOFTWARE IN AMOUNT OF $11,736.30 C.L. 69 G. CONSIDERATION OF APPROVAL OF PURCHASE IN EXCESS OF $5,000 TO PRINT 1996 SUMMER LEISURE SERVICES BROCHURE USING RECYCLED PAPER FROM NYSTROM PUBLISHING COMPANY, INC. IN AMOUNT OF $5,264 C.L. 70 H. CONSIDERATION OF APPROVAL OF 1996 GARBAGE HAULER LICENSE RENEWAL FOR GALLAGHER'S SERVICE, 1 VEHICLE PUBLIC HEARINGS 4. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT TO • RICHFIELD CITY CODE RELATING TO DUTIES OF DEPARTMENT DIRECTORS COUNCIL LETTER NO. 71 5. PUBLIC HEARING AND SECOND READING OF TRANSITORY ORDINANCE PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM SPECIAL REVENUE FUND COUNCIL LETTER NO. 72 RESOLUTION 6. CONSIDERATION OF RESOLUTION AMENDING ALLOCATION OF 1995 GENERAL FUND BUDGET COUNCIL LETTER NO. 73 PROPOSED ORDINANCES 7. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO ELIMINATE PROVISION THAT PROHIBITS SERVICE STATIONS AND AUTO- MECHANICAL GARAGES FROM LOCATING NEXT TO RESIDENTIAL DISTRICTS • AND REPLACE WITH A BUFFER YARD REQUIREMENT COUNCIL LETTER NO. 74 8. CONSIDERATION OF PLANNED UNIT. DEVELOPMENT AND FIRST READING OF ORDINANCE AMENDMENT REZONING LAND FROM HIGH DENSITY COMMERCIAL AND SINGLE FAMILY RESIDENTIAL TO PLANNED GENERAL COMMERCIAL FOR TOLD DEVELOPMENT PROPOSAL COUNCIL LETTER NO. 75 9. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO SECTION 1200.33 REGARDING LICENSING OF LIQUOR ESTABLISHMENT EMPLOYEES COUNCIL LETTER NO. 76 ADMINISTRATIVE REPORTS AND OTHER BUSINESS 10. CONSIDERATION OF CONTINUATION OF REQUEST FOR RENEWAL OF CAR WASH LICENSE FOR TIP TOP CAR WASH, 6601 BLOOMINGTON AVENUE COUNCIL LETTER NO. 77 11. CONSIDERATION OF APPLICATION FOR NEW COMMERCIAL KENNEL LICENSE TO OPERATE GROOMING CLINIC AT PETSMART, INC., 1100 WEST 78TH STREET COUNCIL LETTER NO. 78 AIRPORT BUSINESS 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 861-9702. 11 CITY OF RICHFIELD, MINNESOTA Council Letter No. 78 Agenda March 11, 1996 Issue Statement: Consideration of an application for a new commercial kennel license to operate a grooming clinic for Petsmart, Inc., 1100 West 78th Street. Background: City ordinance Section 905.01, subd. 3, defines a commercial kennel as a place where the business of selling, breeding, boarding, showing, treating or grooming dogs or cats is conducted. Section 905.31, subd. 2, requires that a license application for a kennel license be deferred to the Council, which may grant or deny the license. On February 29, 1996, Petsmart, Inc., located at 1100 West 78th Street, submitted an application for a commercial kennel license for pet grooming. The application is complete and the $150 fee has been received. This license will be in conjunction with the other functions of Petsmart, Inc. (retail pet food). It does not include, however, veterinary services. The veterinary clinic license application will be submitted at a later date. i Recommended Motion: Staff recommends that a commercial kennel license be granted for grooming purposes only to Petsmart, Inc., 1100 West 78th Street. Basis of Recommendation: 1. The applicant meets the standards set forth in the ordinance. The applicant has also indicated their desire to comply with all codes and reasonable expectations of the City. 2. To date, the City Council has issued four commercial kennel licenses for grooming. Two of these licenses are in residential neighborhoods and two are in commercial areas, including Pet Food Warehouse which was originally approved in August 1994 and renewed in August 1995. Alternative Recommendation: 1. The Council could deny the application. To do so would require the Council to issue findings of fact as the basis for denial. 2. The Council could issue the license with stipulations. I-I Discussion/Decision Mode: Recommendation to approve the application for a new commercial kennel license, grooming purposes only, for Petsmart, Inc., 1100 West 78th Street, is presented for Council consideration at this time. Respectfully submitted, James . rosser City Ma ger JDP:ds • 0 DOHERTY RUMBLE ? & BUTLER PROFESSIONAL Attorneys at Law March 5, 1996 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402-4235 Telephone (612) 340-5555 FAX (612) 340-5584 Writer's direct dial number: Mayor Martin Kirsch, Members of the City Council Citv of Richfield 6700 Portland Avenue South Richfield, MN 55423-2599 Re: Kennel License for Pet Grooming 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101-4999 Telephone (612) 291-9333 FAX (612) 291-9313 340-5588 Dear Mayor Kirsch and Council Members: 1401 New York Avenue, N.W. Suite 1100 Washington, D.C. 20005 Telephone (202) 393-2554 FAX (202) 393-3131 2370 One Tabor Center 1200 Seventeenth Street Denver, Colorado 80202-5823 Telephone (303) 572-6200 FAX (303) 572-6203 Reply to Minneapolis office This letter is in support of the application of PETsMART for a kennel license for pet grooming in their new store at The Shops At Lyndale project. The PETsMART Store is scheduled to open around the 20th of March. Due to a combination of circumstances, the issue of whether to allow a veterinary clinic on leased premises within the PETsMART Store will not be before the City Council until March 25. Because the pet grooming operation raises different issues and because PETsMART needs to have this operation licensed and in place when the Store opens, we are proceeding with the kennel license for pet grooming at the March 11, 1996 Council meeting. The pet grooming operation differs from the veterinary clinic in a number of significant respects. First, the pet grooming will be operated by PETsMART itself, whereas the veterinary clinic will be operated by an independent company owned by veterinarians on premises leased from PETsMART. The pet grooming operation will also involve fewer pets. PETsMART anticipates having four pet groomers with a total of approximately 20-30 appointments per day. Pet grooming will be by appointment only, so there will not be people with pets waiting for an opening. Appointments will only be taken for customers who demonstrate that their pet has had a current rabies vaccination. PETsMART operates approximately 270 stores throughout the nation, approximately 220 of which include pet grooming. The remaining 50 stores are being remodeled to include pet grooming. Many other large pet food stores and pet stores also include pet grooming. The experience nationwide is that pet grooming in association with pet food sales and pet stores is causes no problems. This has also been Richfield's experience since Pet Food Warehouse was issued a kennel license for pet grooming in 1994. DOHERTY RUMBLE PROF ASSOCIATION Mayor Martin Kirsch, Members of the City Council March 5, 1996 Page 2 The City presently has seven licensed pet grooming establishments. These establishments are located in areas zoned industrial, commercial, planned commercial and even residential. City Staff has advised us that the City has never denied a kennel license for pet grooming, and that the City has had no problems with any of its pet grooming establishments causing any health or safety problems. The pet grooming facilities at the PETsMART Store will comply with all City health, safety and licensing requirements. Therefore, we respectfully request that this license be approved by the Council. A representative of PETsMART will be at the Council meeting to answer any specific questions you may have. Very truly yours, Peter K. Beck PKB/eka cc: Larry Hawk, V.P., Professional Services, PETsMart s PXB 112132 //- V • COMMERCIAL KENNEL LICENSES 9 **Ace Dog & Cat Grooming - 6521 Cedar Ave. S. *Airport Pet Hospital - 6301 Cedar Ave. S. *Animal Care Clinic - 6521 Cedar Ave. S **Elaine's Grooming - 7429 Humboldt Ave. S **Pet Food Warehouse - 710 West 66th St. **Suds N' Scissors - 6324 Pillsbury Ave. S. *Woodlake Veterinary Hospital - 6436 Lyndale Ave. S "Grooming Grooming only * Veterinary Clinics Approved 10/23/95 Approved 7/24/95 Approved 7/24/95 Approved 8/14/95 Approved 8/14/95 Approved 9/25/95 Approved 7/24/95 l? • CITY OF RICHFIELD, MINNESOTA Council Letter No. 77 Agenda March 11, 1996 Issue Statement: Continuation of a request for renewal of car wash license for Tip Top Car Wash, 6601 Bloomington Avenue, from the February 12, 1996 City Council meeting. Background: On February 12, 1996, the Council heard testimony from the owner and from neighbors in the area of this establishment as a result of a request to renew their car wash license. The Council had requested the owner, David Colehour, participate with neighbors in mediation in an effort to help resolve some of the issues that neighbors have concerns about with the site. Mr. Colehour agreed. West Suburban Mediation has contacted all the parties involved and is still in the process of scheduling a date for the mediation to occur. It is hoped that this will take place in the month of March. Recommended Motion: Continuation of the request of David S. Colehour for renewal of a car wash license for the Tip Top Car Wash, 6601 Bloomington Avenue, to the April 8, 1996 meeting. Basis of Recommendation: West Suburban Mediation is in the process of scheduling this with the parties involved and has been unable to do so as of this date. It is expected that mediation will occur during the month of March. Alternative Recommendation: None. Discussion/Decision Mode: Continuation of the request of David S. Colehour for renewal of a car wash license for the Tip Top Car Wash, 6601 Bloomington Avenue, to the April 8, 1996 Council meeting. Respectfully submitted, James D. rosser City Manager is JDP:ds 9 CITY OF RICHFIELD, MINNESOTA Council Letter No. 76 Agenda March 11, 1996 Issue Statement: First reading consideration of an ordinance amendment to Section 1200.33 regarding the licensing of liquor establishment employees. Background: In an effort to streamline cumbersome ordinance requirements, Public Safety staff has identified an area of the liquor ordinance to amend regarding the licensing of liquor servers in liquor establishments. Currently, servers must apply for an annual license that entitles them to serve liquor in the establishment in which they are employed. Staff conducts a criminal history background and provides a typed, laminated identification card to the liquor establishment so they are aware their employees are properly licensed. These cards are maintained by the establishment and must be presented to Public Safety staff upon request. Richfield's fee is currently $21 per year which is significantly higher than other surrounding communities. Other cities' licenses are generally for a period of two to three years, with an average fee of $10-15 for a two year period. . Annual licensing and processing of these licenses are very time consuming. Staff proposes that Richfield's fee remain at $21, but that the length of the license be extended to cover a two year period. This would result in streamlining the level of work involved. This change would also be more in line with the fees being charged for this type of license in the metro area and would more accurately reflect the time and cost involved in processing the license. Recommended Motion: Approve first reading of an ordinance amending Section 1200.33 regarding the licensing of liquor establishment servers, and set a public hearing and second reading for April 8, 1996. Basis of Recommendation: 1. This amendment would more closely reflect the time and cost in processing these types of licenses. 2. This change would result in a more efficient process and provide staff with a small amount of additional time in which to process increased license requests in other areas. Alternative Recommendation: 1. The City Council could decide to leave the current ordinance as is. q- Discussion/Decision Mode: Approve first reading of an ordinance amending Section 1200.33 regarding the licensing of liquor establishment servers, and set April 8, 1996 for a public hearing and second reading. Respectfully submitted, James rosser City Ma ager JDP:cak r? U 0 q lcl BILL NO. AMENDMENT TO SECTION 1200.33 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1200.33 of the ordinance code of the City of Richfield is hereby amended as follows: 1200.33. Licensing of employees. Subdivision 1. General rule. No person may work as a manager, bartender, waitperson or in any capacity where the person sells or serves intoxicating liquor in premises licensed under this section, and no licensee shall permit a person to be so employed, unless the person, within seven days after being first employed, shall apply for a license to engage in such business. No person may be so employed for any length of time if that person's license is denied or revoked. Subd. 2. Application. An application for the license shall be filed with the GAY sle k Public Safety Director upon forms provided by the city and such application shall be verified under oath and shall contain the following information: , sebFiety, hene6ty, aRd general geed nhar an*er of the applinan*• , ?b} U a concise history of the applicant's previous empleyment addresses; and {s3 AW the record, if any, of arrests and of convictions for crimes and misdemeanors other than traffic offenses. Subd. 3. License fee. The license fee for any such person shall be as provided in appendix D and shall be paid in advance. AR emnleyee r^eHse evnirec.,n I„ne 30th nex fellnwinn i*tse#estive date.- Effective October 1, 1995, all licenses issued shall be valid for a period of two years from the date of initial application. Subd. 4. Review of application. The application shall be referred to the director of public safety's designee which shall investigate the facts set forth in the application and make a determination as to whether the license application shall be approved or denied. If the director of public safety's designee recommends that such person be licensed, the Gity-61eFk Director or his designee shall +sswe cause the license to be issued forthwith. If the director of public safety makes a recommendation that the license not be issued, the applicant, q-3 upon request, shall be entitled to a hearing before the city council and may offer evidence to prove the license should be issued. Subd. 5. License denied. No person shall be issued a license if it appears that the applicant has committed an act which is a willful violation of any provision of Minnesota Statutes, chapter 340A or has knowingly falsified their application. Subd. 6. License revocation. A license issued under this subsection may be revoked for any violation of this section or of Minnesota Statutes, Chapter 340A or for conviction of any crime or misdemeanor involving moral turpitude. Passed by the City Council of the City of Richfield, Minnesota this day of 1996. Martin J. Kirsch, Mayor 0 Thomas P. Ferber, City Clerk ATTEST: 0 Q-? Ll • PROPOSED NEW LANGUAGE FOR APPENDIX D BASED ON ORDINANCE AMENDMENT SECTION 9. LIQUOR AND RELATED LICENSE AND PERMIT FEES TYPE OF PERMIT OR LICENSE (3) Employee License On-Sale Liquor Estab- lishments SECTION REQUIRING 1200.01-1200.25, 1200.29-1200.39 FEE Effective 10/1/95 all $21.00 licenses issued shall be valid for a period of two years from the date of initial application. ExplFe@ nn I-ne t f9l'GWiRg the effent_h. a date 0 O • CITY OF RICHFIELD, MINNESOTA Council Letter No. 75 Agenda March 11, 1996 Issue Statement: Consideration of a planned unit development (PUD) plan and first reading of an ordinance amendment rezoning land from C-3 (high density commercial) and R (single family residential) to PC-2 (planned general commercial) for the TOLD development proposal. Background: TOLD Development Company is requesting City approval of Meridian Crossings, a two- phase office development consisting of 337,700 to 434,700 square feet of office space and two parking decks. TOLD proposes building flexibility into the size of the approved plan to enable them to respond to tenant needs and market conditions. Phase I: Phase I would include a six to eight story office building with a gross building area of 144,600 to 193,100 square feet. A two to three level parking deck and underground space within the building will provide parking for 544 to 730 cars. Parking is based on providing four spaces for every 1,000 square feet of rentable space (136,000 to 182,450 rentable square feet). Phase 11: Phase II would include an eight to ten story office building with a gross building area of 193,100 to 241,600 square feet. A two or three level parking deck and underground space within the building will provide parking for 730 to 916 cars at fourspaces per 1,000 square feet of rentable space (182,450 to 228,900 rentable square feet). The buildings face the interchange of 1-35W and 1-494 with the parking decks located to the north. The site layout minimizes the loss of existing mature oak trees to the extent possible. The main entrance to the project will be a signalized entrance from 77th Street, just west of Emerson Avenue. The entrance to the Shops at Lyndale at Emerson Avenue will be closed and access will be provided to the retail development from the signalized entrance. A pathway will connect pedestrians from 77th Street to the office building entrances. Additional entrances are provided on Girard Avenue and the 1-494 frontage road. The developer has agreed to work with the City at such time that the 1-35W and 1-494 interchange is upgraded to ensure continued access to the frontage road. An analysis of traffic impacts indicates that development of both phases will likely trigger some additional roadway improvements on Lyndale Avenue at 77th Street and/or at 1-494. The addition of a right turn on the Conoco property is a response to this need. S'l A Type II wetland, located on the northwest corner of the site, will be filled as part of the project. The wetland is of low quality and has already been impacted by previous development. The developer has applied for a permit to fill the wetland and replace it with a high quality wetland adjacent to Legion Lake, just east of the Water Plant. The U.S. Corps of Engineers recently approved this application. Additional flexibility would allow the developer to construct either Phase I or Phase II first, depending on tenant demand. If the project is approved, construction could begin on one of the two phases in the fall of 1996 with completion expected by the end of 1997. Construction on the remaining phase is expected to be completed within three to five years. Recommended Motion: Approve first reading of the attached ordinance; and set a public hearing and second reading for April 8, 1996. Basis of Recommendation: 1. The proposed PUD plan and rezoning Plan and the Comprehensive Plan. is consistent with the ILN Redevelopment 2. The PC-2 classification is appropriate for the proposed office use. 3. The design and layout of the proposed development respects as well as maximizes the advantages of the site. 4. Staff and consultants have conducted extensive reviews of the proposal. Ja es Prosser Manager 10 JDP:ds 5. On February 27, 1996, the Planning Commission voted unanimously to recommend approval of the rezoning. Alternative Recommendation: Deny this rezoning at first reading. Discussion/Decision Mode: First reading is set for March 11, 1996. If approved, a public hearing and second reading will be scheduled on April 8, 1996. Respec ully submitted, m rosser g=a Bill No. 1996- AMENDMENT TO APPENDIX 1 OF THE CITY CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Amendment to Appendix I which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: Section 4, Paragraph (1) is amended to read as follows: (1) That area bounded by 1-494 on the south, the original center line of 77th Street and its westerly extension to the easterly right-of-way line of 1-35W on the north, 1-35W on the west, and E""?Fsei; Avenue Girard Avenue on the east. Section 7, Paragraph (7) is added to read as follows: Lots 2 and 3 of Block 3, Cloverleaf Addition is Passed by the City Council of the City of Richfield, Minnesota this 11th day of March, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 U \t 7 L U 0 m - - - --------- .0o N U C N m2 C j 5-3 a ? J I y ... r \ / N ` / '• / a N / g / lA F / / s H a z H H O oC V Z a 0 or W r i 027 a +? C?? CITY OF RICHFIELD, MINNESOTA Council Letter No. 74 Agenda March 11, 1996 Issue Statement: First reading of an ordinance amendment to eliminate the provision that prohibits service stations and auto-mechanical garages from locating next to residential (R or R-1) districts and replace it with a buffer yard requirement. Background: The zoning ordinance prohibits automobile-related uses from locating on any site that abuts an R or R-1 district. Prior to the adoption of the revised ordinance in April 1995, the ordinance was written and interpreted in such a way that the fact that a site abutted an R or R-1 district was only one criteria used to review a conditional use permit application for an auto-related use. The effect of the ordinance change was to make any existing automobile-related use that abuts an R or R-1 district a legally nonconforming use. The zoning ordinance prohibits the expansion of legally nonconforming uses and the State of Minnesota prohibits the issuance of use variances. Thirteen auto-related business in the City were impacted by the change and are not able to expand, intensify, replace, or make any structural alteration to their business. The intent of the provision is to separate auto-related uses from residential uses. A buffer yard is another tool that can be used to separate incompatible uses from each other. The zoning ordinance currently requires buffer yards for uses such as hotels/motels and restaurants when they are located next to residential districts. Recommended Motion: Approve first reading of the attached ordinance and set a public hearing and second reading for April 8, 1996. Basic of Recommendation: 1. There is a need to provide a separation between residential and commercial uses. A buffer yard with landscaping and other screening is one means to separate residential and automobile-related uses. 2. The revised ordinance made several existing auto-related businesses nonconforming uses, which prohibits them from expanding and creates a disincentive for making improvements to the property. 3. The buffer yard allows existing businesses to expand while protecting the adjacent neighborhood. It allows staff and policy makers to review and consider proposed expansions based on the individual proposal. '7-I 4. The ordinance change would apply only to auto-mechanical garages and service stations. Auto sales/lease lots and auto-body garages would still be prohibited from locating next to an R or R-1 district. Auto-mechanical garages and service stations provide services to the neighborhood and have less of an impact on the neighborhood. 5. There are several additional conditions relating to auto-related uses, such as noise limits and screening requirements, that were adopted with the revised ordinance. Any new business locating next to a residential district would have to comply with these requirements in addition to providing a landscaped buffer yard. 6. On February 27, 1996, the Planning Commission voted 7-1 (1 abstention) to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Deny this amendment at first reading. 2. Return the item to the Planning Commission for additional study. Discussion/Decision Mode: First reading set for March 11, 1996. If approved, a public hearing and second reading will be scheduled on April 8, 1996. Respec lly submitted, James D. Prosser City Manager JDP:ds • /? - Cz Bill No. 1996- Amendment to Appendix B of the City Code of the City of Richfield The City of Richfield Does Ordain: Section 1: Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is hereby amended by amending Section 526.27, Subd. 12 (b) to read as follows: Subd. 12 Service stations, service station/convenience stores, and conversion of a service station to a service station/convenience store, provided the following conditions are met: b) the use site shall not ab ut a lot whioh is in tf'ft,. R or R 1 D;striot f^rr the p Fpe a of this s? bdivvisivr.n, a lot Whi^h Y1erely adjoins the use site at one one ?--s. c?pmrrr ?r- ?r-ac- eF shall be deemed-to- but-the-use-site; if the use site abuts a lot which is in the R or R-1, a buffer yard of not less than 25 feet in width and 75 percent all-season opacity from the ground to a height of 6 feet shall be provided to separate all aspects of such use from abutting residential parcels. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping_ and fencing with 100 percent all-season opacity, is provided to screen the service station use: and Section 2: Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is hereby amended by amending Section 526.27, Subd. 16 (a) to read as follows: Subd. 16 Public-mechanical garages, provided the following conditions are met: a) the use r se site small net a of this s bdiv b ut o lot whi^h is iR the. l et We ' ^h n me r? ? R or R_1 th p Distriot feF the e sit e one t pe p u GGFReF s u vcn hall Rot-be-dee a m c-r i J r ? -rr v rn med -toabut the use site `^`"j" a vrTc ? --uc -' s use a?c ortic ; if the use site abuts a lot which is in the.R or R-1 , a buffer yard of not less than 25 fe et in width and 75 percent all-season opa city from the around to a height o f 6 feet shall be provided to separate all aspects of such use from abutting r esidential parcels. The Cou ncil may reduc e this requirement to not l ess than 1 5 feet if significant addition al landscaping and fencing, with 100 pe rcent all-s eason opacity. is provided to screen the p ublic-mechanical garage use: 1 - Passed by the City Council of the City of Richfield, Minnesota this day of , 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk Treatment of Auto-Related Businesses in Metro-Area Communities Richfield • Auto-related uses cannot be located adjacent to residential districts • Some buffering from all adjacent uses is required • Limitations on noise and hours of operation • All repair must take place within an enclosed building • Inoperable vehicles must be inside or in an approved screened area • Queuing space required for gas stations Bloomington • No special restrictions for auto-related uses Robbinsdale • Restrictions regarding noise and lighting • Five foot buffer yard required between auto-related use and all adjacent uses • No specific restrictions for auto-related uses located next to a residential district Golden Valley Mound • All commercial uses have increased setback requirements when located next to an residential district Edina • Building and parking area of auto-related use must be 100 feet from residential district if street present; 50 feet from residential district if no street • Limitations on hours of operation when adjacent to residential districts • Setback requirements for gas pumps Minnetonka • Auto-related uses must be 100 feet or more from a residential district • Distance requirement is reduced if significant landscaping is installed • Limitations on noise and lighting • Repair must occur inside • Queuing space required for gas stations Plymouth • Increased setback requirements when auto-related uses are adjacent to residential districts St. Louis Park • Auto-related uses must be 100 feet or more from a residential district (except gas stations) • Gas stations located adjacent to residential districts must have a buffer yard • Limitations on noise • Repair must occur inside • Access must be to a collector or arterial street CITY OF RICHFIELD, MINNESOTA . Council Letter No. 73 Agenda March 11, 1996 Issue Statement: Approval of a resolution amending the allocation of the 1995 General Fund budget. Background: The City Charter provides that the City Council must appropriate monies for operations of the City on a departmental level basis. During the course of the year, the City Council amends the operating budget and it is referred to as the Revised Budget. After the compilation of the 1995 Revised Budget, the Administrative Support Services Division, Police Operations Division, Inspections Division and Emergency Services Division expenditures have exceeded the appropriation contained in the 1995 Revised Budget, resulting in the Public Safety Department's total 1995 expenditures to exceed appropriations. The divisions and the amount exceeding budget are listed below: Administrative Support Services $19,964 Police Operations $12,487 Police Ancillary Services $17,657 Inspections $ 6,073 Emergency Services $ 4,446 • The primary cause of the budget overexpenditures resulted from increased costs in the Personal Services categories of each division. A mid-year change in the personal leave benefit and overtime costs are primarily the cause of the excess costs. Further, a portion of the overtime costs were recovered by direct charges to the firm or entity hiring the overtime support from the City. For 1995, the Legal Division expenditures and Personnel Division expenditures were $71,387 and $11,857 under the 1995 Revised Budget respectively. In 1995, the City incurred less than anticipated costs in these two divisions. City staff is recommending that the 1995 Revised Budget be reallocated between the following departments and divisions: SUMMARY INCREASE BUDGETED EXPENDITURES Public Safety: Administrative Support Services $20,000 Police Operations 13,000 Police Ancillary Services 18,000 0 Inspections 6,100 Emergency Services 4,500 Total $61,600 DECREASE BUDGETED EXPENDITURES General Government: Legal $55,000 Administrative Services Personnel 6,600 Total $61,600 NET CHANGE TO GENERAL FUND BUDGET $ 0 Remanded Motion: It is recommended that the City Council approved the resolution amending the 1995 General Fund budget by authorization of a transfer of appropriations from the General Government (Legislative/Executive) Department and the Administrative Services Department to the Public Safety Department. Basis of Recommendation: 1. City Charter provides that the City Council must appropriate funds at the department level of spending. Alternative Recommendation: 1. The transfer does not affect the annual General Fund Budget. Instead it provides that no department end the fiscal year overspent. Discussion/Decision Mode: In order to allow the City's Finance Division to finalize the 1995 Comprehensive Annual Financial Report, it is recommended that the City Council act on March 11, 1996, to adopt the attached resolution authorizing revision of the 1995 General Fund Budget. Respec Ily submitted, Jam D. Prosser City Manager JDP:cak 0 (',?r-c?- RESOLUTION NO. RESOLUTION AUTHORIZING REVISION OF 1995 BUDGETS OF VARIOUS DEPARTMENTS WHEREAS, Resolution No. 8280 appropriated funds for personal services, other services and charges, supplies and capital outlays for each department of the City for the year 1995; and WHEREAS, Resolution No. 8305 authorized revision of the 1995 budget of various departments; and WHEREAS, the City Manager has requested a revision of the 1995 budget appropriations in accordance with Charter provisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: SUMMARY INCREASE BUDGETED EXPENDITURES Public Safety: Administrative Support Services $20,000 Police Operations 13,000 Police Ancillary Services 18,000 Inspections 6,100 Emergency Services 4,500 Total $61,600 DECREASE BUDGETED EXPENDITURES General Government: Legal $55,000 Administrative Services Personnel 6,600 Total 61,600 NET CHANGE TO GENERAL FUND BUDGET $ 0 Passed by the City Council of the City of Richfield, Minnesota this 11th day of March 1996. ATTEST: Martin J. Kirsch, Mayor • Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 72 Agenda March 11, 1996 • Issue Statement: Public hearing and second reading of transitory ordinance providing funding for certain capital improvements from the Special Revenue Fund. Background: City Charter Section 7.12., Subbed. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance At the December 11, 1995 City Council meeting, the City Council authorized $400,000 of Special Revenue Funds for the improvements to several City parks in 1996. In addition, the 1996 Capital Improvement Budget provides for expenditure for all types of funds contained in the budget document including county funds, municipal state aid, user fees, federal grants and state grants, however, authorization by ordinance is not required for these expenditures. While the total 1996 Capital Improvements Budget (CIB) includes total budget expenditures of $11,077,170 the portion CIB concerning proposed funding from the Special Revenue Fund is $395,000 as shown below: Veterans Memorial Park Playfeature Improvements 100 car parking lot $110,000 Lincoln Field $220,000 Graveled Park Roosevelt Park Augsburg Park Christian Park Donaldson Park Improvements $ 65,000 A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. First reading of the ordinance was approved on February 12, 1996 and a notice of public hearing was published on February 21, 1996. Recommended Motion: Conduct a public hearing and second reading of the attached transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements. 0 5-( • Basis of Recommendation: 1. On December 11, 1995, the City Council approved the 1996 Capital Improvement Budget, which includes an expenditure of $395,000 of Special Revenue Funds for improvements to several City parks. 2. On February 12, 1996 the first reading of the transitory ordinance was approved. 3. Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. The ordinance requirements must be completed early enough in 1996 so that the capital projects can be initiated on a timely basis, completed, and the fund expended. Alternative Recommendation: 1. The City Council could continue the public hearing and second reading of the transitory ordinance to a future City Council meeting. 2. The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIB. Discussion/Decision Mode: In order to proceed with improvements approved on a timely basis second reading approval of this transitory ordinance would be desirable on March 11, 1996. Respectfully submitted, James . Prosser City Manager JDP:cak 0 5c?- BILL NO. i TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 11: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subd. 2 of the City Charter, are as follows: Veterans Memorial Park Playfeature Improvements • Donaldson Park Improvements 100 car parking lot $110,000 Lincoln Field $220,000 Garfield Park Roosevelt Park Augsburg Park Christian Park $ 65,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield, Minnesota this 11th day of March, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 71 Agenda March 11, 1996 Issue Statement: Public hearing and second reading consideration of an ordinance amendment to the Richfield City Code relating to duties of Department Directors. Background: Recently, the City Manager requested that the City Council amend the City ordinance code relating to duties of Department Directors. During the course of that ordinance amendment, the City Council directed staff to draft additional ordinance language that would remove the requirement that the duties of Department Directors be changed through ordinance amendments. Instead, the new ordinance language would provide the City Manager with the authority to modify the duties of Department Directors as needed. The attached ordinance addresses the City Council's concerns by deleting the specific listing of departmental responsibilities from the ordinance. The proposed ordinance amendment references Department Director duties as specified in the position description which is prepared by the City Manager. The effect of this ordinance would allow the City Manager to modify the duties of Department Directors as needed without any further modification to the City ordinance code. Recommended Motion: Conduct the public hearing and proceed with second reading consideration of an ordinance amending Subsections 300.05, 300.07, 300.09, 300.11, 300.13 and 300.17 of the Richfield City Code relating to duties of Department Directors. r Basis of Recommendation: 1. The City Council has requested that an ordinance amendment be drafted to give the City Manager the authority to make changes in the duties of Department Directors. 2. The proposed amendment provides such authority without needing to amend the ordinance at each such instance in the future. 3. First reading approval was adopted at the February 12, 1996 City Council meeting. Alternative Recommendation: 1. The City Council could decide not to proceed with the change and keep the ordinance as it now is constructed. Discussion/Decision Mode: This item had been scheduled for March 11 for public hearing and second reading consideration. Respectfully submitted, • JlO ,? Prosser City `rolanager Y JDP:cak q4 0 BILL NO. AN ORDINANCE AMENDING SUBSECTIONS 300.05, 300.07, 300.09, 300.11, 300.13 AND 300.17 OF THE RICHFIELD CITY CODE; RELATING TO DUTIES OF DEPARTMENT HEADS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 300.05 of the Richfield City Code is amended, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Assignment of duties. The manager may assign the same individual to head two or more departments or to head one or more divisions within a department. The manager may be a department head. The manager shall create a job description for each department head position, describing the specific duties and areas of responsibility for the position The manager may modify any department head's job description and duties from time to time A department head shall perform the duties identified in the job description and any additional duties assigned by the manager. Sec. 2. Subsection 300.07 of the Richfield City Code is amended to read as follows: 300.07. Administrative services department: duties of director. The director of administrative services is responsible to the manager for the organization, planning, administration and coordination of the administrative services of the city indudiRg' (a) these duties imposed by law and GhaFteF UPOR Gity e,!eFkr, and tFeasuFefs-L, (G) safekeeping and managing of raffity funds--, (d) maintaining the Ananrial FeGeFd of the sityj n h'vTreyedinn Fisk management seNineS fer the pity, lT!-rcrrrT9-'rc-.........., .... ........ managing the FeGFeatwen eRteFPFiGe fund, iRdudiRg but RGt limited to; , and The director of administrative services shall perform the duties described in the job description for that position and any additional duties assigned by the manager. q'a 0 Sec. 3. Subsection 300.09 of the Richfield City Code is amended to read as follows: 300.09 Community services department: duties of director. The director of community services is responsible to the manager for the organization, planning, administration and coordination of the community services of the city (a) GOMMURety neR teF; f ` /n\ Weed Lake Na twFe ( en ter, i i i , nteRaRGe o a f ovem ment bu ld n s (e) m g g , eper-atieR and- mainten an% of the park s, stre ets and- ste-Wear and wateF utlffiies of the G Flyi The director of community services shall perform the duties described in the job description for that position and any additional duties assigned by the manager. Sec. 4. Subsection 300.11 of the Richfield City Code is amended to read as follows: 300.11. Liquor department. The liquor operations director is responsible to the manager for the operation of the municipal liquor stores. The liquor operations director shall perform the duties described in the job description for that position and any additional duties assigned by the manager. Sec. 5. Subsection 300.13, subdivision 1 of the Richfield City Code is amended to read as follows: 300.13 Public safety department. Subdivision 1. Duties of director. The director of public safety is responsible to the manager for all activities relating to public safety Wig: th8 Git?L, is (4) the establishment ef publie Gaf* tFai i n wrL ' , (g) the r--anduro. ef health and- safety u3 0 aRy additieRal duties'; ass as6agned by the Gity MaRaqeF. The director of public safety shall perform the duties described in the job description for that position and any additional duties assigned by the manager. Sec. 6. Subsection 300.17 of the Richfield City Code is amended to read as follows: 300.17 Community development department: duties of director. The director of community development is responsible to the manager for the organization, planning, administration and coordination of the community development functions of the city +nsludin: The director of community development shall perform the duties described in the job description for that position and any additional duties assigned by the manager. Passed by the City Council of the City of Richfield, Minnesota this 11th day of March, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 3CT • CITY OF RICHFIELD, MINNESOTA Council Letter No. 70 Agenda March 11, 1996 Issue Statement: Purchase in excess of $5,000 to print the 1996 summer brochure. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment, or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. The Community Services Department announces leisure services programs through four quarterly brochures. Brochures are distributed to each residence in the City. Informal specifications for the summer 1996 brochure were distributed to 11 vendors. Five quotes were received as follows: Specified- Recycled Vendor Name Paper Paper Nystrom Printing 5064.00 5264.00 Artcraft Press 4957.00 5307.00 Shakopee Valley Printing 5584.00 558400 Gold Star Printing 5827.45 5827.45 Associated Graphics 7042.00 7042.00 The City has made recycling efforts in several areas including the printing process of previous brochures. Although there is an additional cost for using recycled paper, the cost is minimal. Recommended Motion: Authorize a purchase order to Nystrom Publishing Company, Inc. in the amount of $5,264 for 19,500 copies of the 1996 summer brochure printed on recycled paper. Basis of Recommendation: 1. Nystrom Publishing Company, Inc. submitted the lowest responsible quote. 0 2. There are sufficient funds available for this purchase. 3C -1 Alternate Recommendation: 1. Authorize a purchase order to Nystrom Publishing, Inc. to print the summer brochure on specified paper. However, the savings would only be $200 and would not support the City's recycling efforts. 2 . Authorize a purchase order to a different vendor. However, Nystrom Publishing, Inc. has the lowest quotation for use of recycled paper. Artcraft Press is the vendor with the lowest quotation for use of specified paper. The savings to change vendor and paper would be $307. 3. Request the staff to seek additional quotations. However, this could affect the publishing date for the summer brochure in 1996, and the staff believes lower quotes are unlikely. 4. Do not publish a summer brochure. However, the quarterly brochure places all leisure services program and facility information into one package for the residents. Discussion/Decision Mode: This item is scheduled for the March 11, 1996 Council meeting. Council should take action at this time so publication deadlines can be met. 91 Respectfu submitted, James D. Prosser City Manager JDP:ds 0 CITY OF RICHFIELD, MINNESOTA 3F Council Letter No. 69 Agenda March 11, 1996 Issue Statement: Approve the purchase of personal computer equipment for the Finance Division in the amount of $11,736.30. Background: The City Council approved the purchase of a new financial system in December of last year. The system consists of software applications and an IBM AS/400 computer. The computer and software will be installed during the next couple of weeks. Training for the Finance Division staff will begin in approximately four weeks. Staff will access the new financial system from PCs linked to the AS/400 computer. Most of the Finance Division has not yet been converted to PCs. This purchase, combined with upgrades to some existing equipment, will provide them with the computers they need to use the new system. Staff received written quotes for the PCs from four vendors. Unique Software of Eagan submitted the lowest quote at $11,020.00. The total purchase is 11,736.30 with sales tax. The purchase will be made from the Central Services Fund which contains funds budgeted for this planned PC network expansion. Recommended Motion: Authorize the purchase of four PCs and six monitors from Unique Software for a total amount of $11,736.30. Basis of Recommendation: 1. The City's Finance Division staff require PCs to access the new financial system. 2. Unique Software provided the lowest quote for the equipment and they provide a five-year parts and labor warranty on the PCs. The City has purchased many PCs from Unique in the past and their equipment has proven to be reliable. Alternative Recommendation: None. This equipment is necessary to complete the implementation of the new financial system previously approved by the City Council. Discussion/Decision Mode: Approval is requested at the March 11 Council meeting so that the PCs can be installed in time for the staff training scheduled for mid-April. submitted, Respe 1D.rosser James City Manager JDP:ds '3G- CITY OF RICHFIELD, MINNESOTA Council Letter No. 68 Agenda March 11, 1996 Issue Statement: Reject bids for one new brush chipper. Background: It was discovered on March 28, 1996, a week after a bid opening for a new brush chipper, that the official notice of bid had not been published. Because the notice of bid was not published, it is necessary to reject the bids. Staff may re-bid this item at a later date. Recommended Motion: Reject all bids received February 21, 1996 for the purchase of a new brush chipper. Basis of Recommendation: The official notice of bid was not published. Alternative Recommendation: None. Discussion/Decision Mode: Council is asked to take action at the March 11, 1996 meeting. Respectfully submitted, Jam . Prosser City anager JDP:cak 0 3b CITY OF RICHFIELD, MINNESOTA Council Letter No. 67 Agenda March 11, 1996 Issue Statement: Consider authorizing the hiring of a consultant to perform a study to downsize 76th Street east of I-35W. Background: With most of the 77th Street Project completed, the City has a unique opportunity to redesign 76th Street. This street is distinctive for the following reasons: • It formerly served as a minor arterial and is now a collector street. • The new 77th Street has reduced traffic on 76th Street by nearly 50%. • It has a bridge crossing over I-3W. • It is identified as a potential bikeway in the draft 1996 Comprehensive Plan. A study is proposed to downsize 76th Street east of 1-35W from four to two traffic lanes. The excess right of way along 76th Street can be used for a number of different purposes. They are: • a bikeway or bike path; • a pedestrian trail; • on-street parking for one or both sides of the street; • additional landscaping; and • possible traffic calming measures. City staff also believe it is appropriate to hire an urban planning/engineering firm to assist the City in studying the downsizing of 76th Street east of I-35W. The study will cost between $50,000 and $69,000 based on a preliminary work proposal submitted by the BRW, Inc., a consulting urban planning/engineering firm. The cost of the study is eligible for municipal state aid system funds. City staff recommends BRW, Inc. to perform the study. BRW, Inc. is one of the qualified engineering firms recently selected to perform engineering work for the City. Public Involvement Process A five member Task Force Committee is recommended to oversee the planning process. The committee could have a representative of the Planning Commission, the Community Services Commission, a representative of adjacent property owners and two members representing the community at large. The City Council is being asked to appoint all of these people for the fixed duration of the study, estimated to last five months. If possible the appointments should be made within one month to coincide with the time it will take to process hiring of the consultant. 3D-) The study will address several challenging issues. First, the right of way width along 76th Street is only 60' to 66'. This is too narrow to provide a significant amount of landscaping to drastically alter 76th Street's visual appearance. Second, it will be necessary to weigh the community wide benefits and costs of a bikeway or pedestrian trail against the localized benefits and low cost of additional on-street parking. Third, a new community standard may be established for 76th Street and other collector streets. Some of the community wide facilities to be considered will cost a substantial amount of money. A preliminary cost estimate for a bikeway placed in a median was $843,000. Other alternatives may approach this dollar amount. Recommended Motion: Approve the selection of BRW, Inc. to perform a study of 76th Street east of 1-35W and authorize the Mayor and City Manager to sign an agreement with BRW, Inc. Council is also asked to appoint a five member task force to oversee the study. Basis of Recommendation: 1. The issues involved in the study are primarily policy questions, not technical ones. Therefore, it is important to involve the public in the study. 2. BRW, Inc. is qualified to perform the work and is experienced in producing good urban design as displayed in the 77th Street Reconstruction Project. 3. BRW, Inc. has experience in involving the public on transportation studies as evidenced by their work on the 1-494 Corridor Study and the 1-494 Environmental Impact Study. Alternative Recommendation: 1. Take no action. The Council can choose to do nothing. There is no urgency to perform the study. However, residents along 76th Street are asking that downsizing occur. 2. Avoid a study and its related cost. Instead, the Council can choose to convert the two outside lanes on 76th Street to on-street parking at the minimal cost of providing new pavement markings and removing no parking signs. This is a simple, low-cost solution, but ignores the opportunity offered to enhance the residential environment of 76th Street. Discussion/Decision Mode: The Council is under no time constraint to undertake this study. However, a decision on the redesign of 76th Street needs to be made to provide policy direction to residents and City staff on the future of 76th Street. Respe Ily submitted, to Jam . Prosser City Manager JDP:ds 3c CITY OF RICHFIELD, MINNESOTA Council Letter No. 66 Agenda March 11, 1996, Issue Statement: Consider authorizing the hiring of an engineering consultant to design the 76th Street West of 1-35W Project. Background: The City completed a study of traffic and environmental issues along 76th Street west of 1-35W in 1994. The Council on June 12, 1995 selected alternative 1, which is to widen 76th Street three or four feet to the south of the existing curb on the south side of the street and to remove the existing sidewalk. Based on discussions at the March 4, 1996 Council Study Session, the scope of services for the 76th Street west of 1-35W design will include: • Limiting reconstruction to the segment between Sheridan Avenue and Xerxes Avenue; • Replacing the south side sidewalk between Newton Avenue and the 1-35W bridge as part of the 1-494 Integrated Corridor Traffic Management Project in 1996; • Placing private utilities underground only if financially feasible; • Considering a traffic signal at Sheridan Avenue and 76th Street; and, • Eliminating two bus turnouts from the design. Public Involvement Process A preliminary design will be prepared in consultation with affected property owners and an open house will be held for neighborhood residents to comment on the proposed design. The preliminary plan including the feasibility of placing utilities underground will then be submitted to the Council for approval before the City staff directs the consultant to complete final design plans. The City recently selected a group of qualified engineering firms to be used as engineering work arises over the next three years. Three of the firms selected are capable of performing the proposed work They are: • WSB & Associates, Inc.; • BRW, Inc.; and • Short, Elliot and Hendrickson, Inc. Recommended Motion: Approve hiring of WSB & Associates, Inc., an engineering consultant firm, to prepare the design of the 76th Street West of 1-35W Project and authorize the Mayor and City Manager to sign an agreement with WSB & Associates, Inc. to perform the work. ?)C- i Basis of Recommendation: 1. The proposed design is fairly straightforward and does not involve right of way acquisition or major disruption of utilities. 2. The project is small in scope with construction costs estimated at $600,000 and engineering costs of 25% of construction costs. 3. The firm of WSB & Associates, Inc. is qualified to perform the work. WSB personnel were key to the implementation of the 77th Street Reconstruction Project. Alternative Recommendation: Select either BRW, Inc. or Short Elliot Hendrickson, Inc. to perform the work. Both firms are qualified to prepare the construction plans and oversee the construction contract. Discussion/Decision Mode: The Council is encouraged to make a decision in March 1996 to allow the consultant sufficient time to address issues involving traffic signal communications work along 76th Street scheduled for the summer of 1996 as part of the 1-494 ICTM Project. Construction of the 76th Street West Project will occur in 1997. Respectfully submitted, James Prosser City Manager JDP:ds 0 38 CITY OF RICHFIELD, MINNESOTA Council Letter No. 65 Agenda March 11, 1996 Issue Statement: Consideration of a construction engineering agreement with BRW, Inc. for supervising inspection of the Phase II landscape contract of the 77th Street Project. Background: The contract for landscaping work on the Phase II area and along the Humboldt Avenue storm sewer portion of the 77th Street Project has a bid opening on March 14, 1996. The contract will be awarded for construction in the spring of 1996. The City will need to retain a consultant to inspect the installation of the landscaping work. BRW, Inc. has submitted a proposal for $61,447 to perform the inspection services Funding for the work will be 80% federal highway funds, 15% state highway funds and 5% City using Municipal State Aid funds. A copy of the proposed agreement will be available at the Council meeting. Recommended Motion: Approve the attached resolution authorizing execution of an agreement with BRW, Inc. for construction engineering for landscaping in the Phase II area and along the Humboldt Avenue storm sewer portion of the 77th Street Project. Basis of Recommendation: 1. The cost to perform the inspection work for landscaping in the Phase II area and Humboldt Avenue storm sewer portion of the 77th Street Project is reasonable. 2. The consultant has been performing the inspection work on Phase I landscaping of the 77th Street Project in an acceptable manner. 3. The inspection work on the Phase II and Humboldt Avenue landscape contract of the 77th Street Project is a necessary function to be performed by the City of Richfield's construction engineering consultant. 4. City staff followed the federally approved process for selecting design and construction engineering consultants for the 77th Street Project. Alternative Recommendation: None. Discussion/Decision Mode: A decision is needed by April 1996 so the consultant can begin to inspect the Phase II and Humboldt Avenue storm sewer landscape construction work of the 77th Street Project. Respectfully submitted, James . rosser City Main gaer 0 JDP:cak 38-1 0 RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH BRW, INC. FOR CONSTRUCTION ENGINEERING FOR LANDSCAPING IN PHASE II OF THE 77th STREET PROJECT IN THE CITY OF RICHFIELD WHEREAS, the City of Richfield does not have available necessary and qualified personnel and facilities to conduct the services as described in the agreement for construction engineering for landscape work in Phase II and Humboldt Avenue storm sewer of the 77th Street Project; and WHEREAS, BRW, Inc. represents that it is duly qualified and agrees to perform all the services described in the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: That the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with BRW, Inc. to perform construction engineering on the landscape work for Phase II and Humboldt Avenue Storm Sewer of the 77th Street Project. 0 Passed by the City Council of the City of Richfield this 11th day of March, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 3A CITY OF RICHFIELD, MINNESOTA Council Letter No. 64 Agenda March 11, 1996 Issue Statement: Consideration of a resolution approving a supplemental agreement to an Agency Agreement with the Minnesota Department of Transportation (MnDOT) for Construction Engineering for the Humboldt Avenue storm sewer of the 77th Street Project. Background: On April 24, 1995 the Council approved supplemental agreement #3 to an Agency Agreement with the Minnesota Department of Transportation to receive 80% federal funds to compensate the City of Richfield for additional construction engineering work performed as part of the Phase I construction of 77th Street. Supplemental agreement #4 to the Agency Agreement between the City of Richfield and the Minnesota Department of Transportation is needed to include the cost of construction engineering to supervise the construction of the Humboldt Avenue storm sewer project. If approved, the supplemental agreement will provide 80% federal funding of $333, 368 for a consultant engineering firm to supervise the construction work and $52,502 for City administrative costs related to the Humboldt Avenue project. Funds to pay for the remaining 20% of additional work will come from Minnesota State Trunk Highway funds (15%) and Richfield's Municipal State Aid Streets Funds (5%). Recommended Motion: Approve the attached resolution on supplemental agreement #4 to the Agency Agreement with the Minnesota Department of Transportation for construction engineering on construction of the Humboldt Avenue storm sewer of the 77th Street Project. Basis of Recommendation: 1. City staff have reviewed the proposed supplemental agreement #4 and found it to be consistent with previous agreements on the 77th Street reconstruction project. 2. The inspection work on the Humboldt Avenue storm sewer project is a necessary function to be performed by the City of Richfield's construction engineering consultant. Alternative Recommendation: None. Discussion/Decision Mode: A decision is needed so the City can be reimbursed with federal highway funds for the inspection work performed on the Humboldt Avenue storm sewer of the 77th Street Project. Respectf Ily submitted, James. Prosser City Manager JDP:cak 3p-j 0 RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF SUPPLEMENTAL AGREEMENT TO AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING ON HUMBOLDT AVENUE STORM SEWER OF THE 77TH STREET PROJECT WHEREAS, the Minnesota Department of Transportation (MnDOT) and the City of Richfield (City) negotiated Supplemental Agreement #4 to Agency Agreement No. 70967 on Construction Engineering for the Humboldt Avenue storm sewer of the 77th Street reconstruction project; and WHEREAS, Supplemental Agreement #4 to Agency Agreement No. 70967 is essential for the City of Richfield to finance the construction engineering costs on the Humboldt Avenue storm sewer of the 77th Street Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That pursuant to Minnesota Statutes, Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible construction engineering costs for SP 157-108-22. 2. That the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in supplemental agreement #4 of Agreement No. 70967. Passed by the City Council of the City of Richfield this 11th day of March, 1996 Martin J. Kirsch Mayor ATTEST: Thomas P. Ferber City Clerk 0